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Senate File 514 - EnrolledAn Actrelating to the organization, structure, and
functions of state government, providing for salaries of
appointed state officers, providing for penalties, making
appropriations, providing Code editor directives and
transition provisions, and including applicability and
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Section 1. Section 2.56, subsection 5, Code 2023, is amended
to read as follows:
5. The legislative services agency, in cooperation with
the division of department of health and human services as the
agency responsible for criminal and juvenile justice planning
of the department of human rights, shall develop a protocol for
analyzing the impact of the legislation on minorities.
Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023,
is amended to read as follows:
c. Director of the department of health and human services.
Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended
to read as follows:
1. Each state board, commission, department, and division
of state government and each institution under the control
of the department of health and human services, the Iowa
department of corrections and the state board of regents
and each division of the state department of transportation
are responsible for keeping a written, detailed, up-to-date
inventory of all real and personal property belonging to the
state and under their charge, control, and management. The
inventories shall be in the form prescribed by the director of
the department of administrative services.
Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended
to read as follows:
3. The executive council shall receive requests from the
Iowa department of public health and human services relative
to the purchase, storing, and distribution of vaccines and
medication for prevention, prophylaxis, or treatment. Upon
review and after compliance with subsection 2, the executive
council may approve the request and may authorize payment
of the necessary expense. The expense authorized by the
executive council under this subsection shall be paid from the
appropriations referred to in subsection 1.
-1- Sec. 5. Section 7E.5, subsection 1, paragraphs i, j, k, and
s, Code 2023, are amended to read as follows:
i. The department of health and human services, created in
section 217.1, which has primary responsibility for services
to individuals to promote the well-being and the social and
economic development of the people of the state;.
j. The Iowa department of public health, created in chapter
135, which has primary responsibility for supervision of public
health programs, promotion of public hygiene and sanitation,
treatment and prevention of substance abuse use disorder, and
enforcement of related laws;.
k. The department on aging, created in section 231.21,
which has primary responsibility for leadership and program
management for programs which serve the older individuals of
the state; and for services relating to Latino persons, women,
persons with disabilities, community action agencies, criminal
and juvenile justice planning, African Americans, deaf and
hard-of-hearing persons, persons of Asian and Pacific Islander
heritage, and Native Americans.
s. The department of human rights, created in section
216A.1, which has primary responsibility for services relating
to Latino persons, women, persons with disabilities, community
action agencies, criminal and juvenile justice planning,
African Americans, deaf and hard-of-hearing persons, persons of
Asian and Pacific Islander heritage, and Native Americans.
Sec. 6. Section 8.39, subsection 2, Code 2023, is amended
to read as follows:
2. If the appropriation of a department, institution, or
agency is insufficient to properly meet the legitimate expenses
of the department, institution, or agency, the director, with
the approval of the governor, may make an interdepartmental
transfer from any other department, institution, or agency of
the state having an appropriation in excess of its needs, of
sufficient funds to meet that deficiency. Such transfer shall
be to an appropriation made from the same funding source and
-2-within the same fiscal year. The amount of a transfer made
from an appropriation under this subsection shall be limited
to not more than one-tenth of one percent of the total of all
appropriations made from the funding source of the transferred
appropriation for the fiscal year in which the transfer is
made. An interdepartmental transfer to an appropriation which
is not an entitlement appropriation is not authorized when
the general assembly is in regular session and, in addition,
the sum of interdepartmental transfers in a fiscal year to an
appropriation which is not an entitlement appropriation shall
not exceed fifty percent of the amount of the appropriation
as enacted by the general assembly. For the purposes of
this subsection, an entitlement appropriation is a line item
appropriation to the state public defender for indigent defense
or to the department of health and human services for foster
care, state supplementary assistance, or medical assistance, or
for the family investment program.
Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended
to read as follows:
4. Contract, with the approval of the executive council,
for the repair, remodeling, or, if the condition warrants,
demolition of all buildings and grounds of the state at the
seat of government, at the state laboratories facility in
Ankeny, and the institutions of the department of health and
human services and the department of corrections for which no
specific appropriation has been made, if the cost of repair,
remodeling, or demolition will not exceed one hundred thousand
dollars when completed. The cost of repair projects for which
no specific appropriation has been made shall be paid as an
expense authorized by the executive council as provided in
section 7D.29.
Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended
to read as follows:
8. All fuel used in state-assigned automobiles shall be
purchased at cost from the various installations or garages
-3-of the state department of transportation, state board of
regents, department of health and human services, or state
motor pools throughout the state, unless the state-owned
sources for the purchase of fuel are not reasonably accessible.
If the director determines that state-owned sources for the
purchase of fuel are not reasonably accessible, the director
shall authorize the purchase of fuel from other sources. The
director may prescribe a manner, other than the use of the
revolving fund, in which the purchase of fuel from state-owned
sources is charged to the state agency responsible for the
use of the motor vehicle. The director shall prescribe the
manner in which oil and other normal motor vehicle maintenance
for state-owned motor vehicles may be purchased from private
sources, if they cannot be reasonably obtained from a state
motor pool. The director may advertise for bids and award
contracts in accordance with competitive bidding procedures
for items and services as provided in this subchapter for
furnishing fuel, oil, grease, and vehicle replacement parts for
all state-owned motor vehicles. The director and other state
agencies, when advertising for bids for gasoline, shall also
seek bids for ethanol blended gasoline.
Sec. 9. Section 8A.504, subsection 1, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Any debt, which is assigned to the department of health
and human services, or which is owed to the department of
health and human services for unpaid premiums under section
249A.3, subsection 2, paragraph “a”, subparagraph (1), or
which the child support recovery unit services is otherwise
attempting to collect, or which the foster care recovery unit
services of the department of health and human services is
attempting to collect on behalf of a child receiving foster
care provided by the department of health and human services.
Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The collection entity shall establish and maintain a
-4-procedure to set off against any claim owed to a person by a
public agency any liability of that person owed to a public
agency, a support debt being enforced by the child support
recovery unit services pursuant to chapter 252B, or such other
qualifying debt. The procedure shall only apply when at the
discretion of the director it is feasible. The procedure shall
meet the following conditions:
Sec. 11. Section 8A.512, subsection 1, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Claims for medical assistance payments authorized under
chapter 249A are subject to the time limits imposed by rule
adopted by the department of health and human services.
Sec. 12. Section 10A.108, Code 2023, is amended to read as
follows:
10A.108 Improper health and human services entitlement
benefits or provider payments — debt, lien, collection.
1. a. If a person refuses or neglects to repay benefits or
provider payments inappropriately obtained from the department
of health and human services, the amount inappropriately
obtained, including any interest, penalty, or costs attached
to the amount, constitutes a debt and is a lien in favor of the
state upon all property and any rights or title to or interest
in property, whether real or personal, belonging to the person
for the period established in subsection 2, with the exception
of property which is exempt from execution pursuant to chapter
627.
b. A lien under this section shall not attach to any amount
of inappropriately obtained benefits or provider payments, or
portions of the benefits or provider payments, attributable to
errors by the department of health and human services. Liens
shall only attach to the amounts of inappropriately obtained
benefits or provider payments or portions of the benefits or
provider payments which were obtained due to false, misleading,
incomplete, or inaccurate information submitted by a person in
connection with the application for or receipt of benefits or
-5-provider payments.
2. a. The lien attaches at the time the notice of the
lien is filed under subsection 3, and continues for ten years
from that date, unless released or otherwise discharged at an
earlier time.
b. The lien may be extended, within ten years from the
date of attachment, if a person files a notice with the county
recorder or other appropriate county official of the county
in which the property is located at the time of filing the
extension. From the time of the filing of the notice, the lien
period shall be extended for ten years to apply to the property
in the county in which the notice is filed, unless released
or otherwise discharged at an earlier time. The number of
extensions is not limited.
c. The director department shall discharge any lien which is
allowed to lapse and may charge off any account and release the
corresponding lien before the lien has lapsed if the director
department determines, under uniform rules prescribed by the
director, that the account is uncollectible or collection costs
involved would not warrant collection of the amount due.
3. To preserve the lien against subsequent mortgagees,
purchasers, or judgment creditors, for value and without notice
of the lien, on any property located in a county, the director
shall file a notice of the lien with the recorder of the county
in which the property is located at the time of filing of the
notice.
4. The county recorder of each county shall prepare
and maintain in the recorder’s office an index of liens of
debts established based upon benefits or provider payments
inappropriately obtained from and owed the department of health
and human services, containing the applicable entries specified
in sections 558.49 and 558.52, and providing appropriate
columns for all of the following data, under the names of
debtors, arranged alphabetically:
a. The name of the debtor.
-6- b. “State of Iowa, Department of Health and Human Services”
as claimant.
c. The time that the notice of the lien was filed for
recording.
d. The date of notice.
e. The amount of the lien currently due.
f. The date of the assessment.
g. The date of satisfaction of the debt.
h. Any extension of the time period for application of the
lien and the date that the notice for extension was filed.
5. The recorder shall endorse on each notice of lien the day
and time filed for recording and the document reference number,
and shall preserve the notice. The recorder shall index the
notice and shall record the lien in the manner provided for
recording real estate mortgages. The lien is effective from
the time of the indexing.
6. The department shall pay, from moneys appropriated to
the department for this purpose, recording fees as provided in
section 331.604, for the recording of the lien.
7. Upon payment of a debt for which the director department
has filed notice with a county recorder, the director
department shall provide to the debtor a satisfaction of
the debt. The debtor shall be responsible for filing the
satisfaction of the debt with the recorder and the recorder
shall enter the satisfaction on the notice on file in the
recorder’s office.
8. The department of inspections, and appeals, and
licensing, as provided in this chapter and chapter 626, shall
proceed to collect all debts owed the department of health and
human services as soon as practicable after the debt becomes
delinquent. If service has not been made on a distress warrant
by the officer to whom addressed within five days from the
date the distress warrant was received by the officer, the
authorized investigators of the department of inspections, and
appeals, and licensing may serve and make return of the warrant
-7-to the clerk of the district court of the county named in the
distress warrant, and all subsequent procedures shall be in
compliance with chapter 626.
9. The distress warrant shall be in a form as prescribed
by the director, shall be directed to the sheriff of the
appropriate county, and shall identify the debtor, the type
of debt, and the delinquent amount. The distress warrant
shall direct the sheriff to distrain, seize, garnish, or levy
upon, and sell, as provided by law, any real or personal
property belonging to the debtor to satisfy the amount of the
delinquency plus costs. The distress warrant shall also direct
the sheriff to make due and prompt return to the department
or to the district court under chapter 626 of all amounts
collected.
10. The attorney general, upon the request of the director
of inspections, and appeals, and licensing, shall bring an
action, as the facts may justify, without bond, to enforce
payment of any debts under this section, and in the action
the attorney general shall have the assistance of the county
attorney of the county in which the action is pending.
11. The remedies of the state shall be cumulative and no
action taken by the director of inspections, and appeals, and
licensing or attorney general shall be construed to be an
election on the part of the state or any of its officers to
pursue any remedy to the exclusion of any other remedy provided
by law.
Sec. 13. Section 10A.402, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. Investigations and collections relative to the
liquidation of overpayment debts owed to the department of
health and human services. Collection methods include but are
not limited to small claims filings, debt setoff, distress
warrants, and repayment agreements, and are subject to approval
by the department of health and human services.
5. Investigations relative to the administration of the
-8-state supplementary assistance program, the state medical
assistance program, the food stamp supplemental nutrition
assistance program, the family investment program, and any
other state or federal benefit assistance program.
Sec. 14. Section 11.5B, Code 2023, is amended to read as
follows:
11.5B Repayment of audit expenses by state departments and
agencies.
The auditor of state shall be reimbursed by a department
or agency for performing audits or examinations of the
following state departments or agencies, or funds received by
a department or agency:
1. Department of commerce.
2. Department of health and human services.
3. State department of transportation.
4. Iowa department of public health.
5. 4. State board of regents.
6. 5. Department of agriculture and land stewardship.
7. 6. Iowa veterans home.
8. 7. Department of education.
9. 8. Department of workforce development.
10. 9. Department of natural resources.
11. 10. Offices of the clerks of the district court of the
judicial branch.
12. 11. The Iowa public employees’ retirement system.
13. 12. Federal financial assistance, as defined in the
federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
all other departments.
14. 13. Department of administrative services.
15. 14. Office of the chief information officer of the
department of management.
Sec. 15. Section 11.6, subsection 1, paragraph b, Code 2023,
is amended to read as follows:
b. The financial condition and transactions of community
mental health centers organized under chapter 230A, substance
-9-abuse use disorder programs organized under chapter 125, and
community action agencies organized under chapter 216A, shall
be audited at least once each year.
Sec. 16. Section 12.10, Code 2023, is amended to read as
follows:
12.10 Deposits by state officers.
Except as otherwise provided, all elective and appointive
state officers, boards, commissions, and departments shall,
within ten days succeeding the collection, deposit with the
treasurer of state, or to the credit of the treasurer of state
in any depository designated by the treasurer of state, ninety
percent of all fees, commissions, and moneys collected or
received. The balance actually collected in cash, remaining
in the hands of any officer, board, or department shall not
exceed the sum of five thousand dollars and money collected
shall not be held more than thirty days. This section does not
apply to the state fair board, the state board of regents, the
utilities board of the department of commerce, the director of
the department of health and human services, the Iowa finance
authority, or to the funds received by the state racing and
gaming commission under sections 99D.7 and 99D.14.
Sec. 17. Section 12E.3A, subsection 1, Code 2023, is amended
to read as follows:
1. The general assembly reaffirms and reenacts the purposes
stated for the use of moneys deposited in the healthy Iowans
tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
ch.1232, §12, and codified in section 12.65, Code 2007, as
the purposes for the endowment for Iowa’s health account.
The purposes include those purposes related to health care,
substance abuse use disorder treatment and enforcement, tobacco
use prevention and control, and other purposes related to the
needs of children, adults, and families in the state.
Sec. 18. Section 15.102, subsection 12, paragraph b,
subparagraph (1), subparagraph division (d), Code 2023, is
amended to read as follows:
-10- (d) Psychoactive substance abuse use disorders resulting
from current illegal use of drugs.
Sec. 19. Section 15H.1A, Code 2023, is amended to read as
follows:
15H.1A Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Authority” means the economic development authority
created in section 15.105.
2. 1. “Commission” means the Iowa commission on volunteer
service created in section 15H.2.
2. “Department” means the department of health and human
services.
3. “Director” means the director of the authority health and
human services.
Sec. 20. Section 15H.2, subsection 1, Code 2023, is amended
to read as follows:
1. The Iowa commission on volunteer service is created
within the authority department. The governor shall appoint
the commission’s members. The director may employ personnel
as necessary to carry out the duties and responsibilities of
the commission.
Sec. 21. Section 15H.2, subsection 3, paragraph i, Code
2023, is amended to read as follows:
i. Administer the retired and senior volunteer program.
Sec. 22. Section 15H.4, subsection 1, Code 2023, is amended
to read as follows:
1. The authority department shall serve as the lead agency
for administration of the commission. The authority department
may consult with the department of education, the state board
of regents, and the department of workforce development for any
additional administrative support as necessary to fulfill the
duties of the commission. All other state agencies, at the
request of the authority department, shall provide assistance
to the commission to ensure a fully coordinated state effort
-11-for promoting national and community service.
Sec. 23. Section 15H.5, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. Funding for the Iowa summer youth corps program, the
Iowa green corps program established pursuant to section
15H.6, the Iowa reading corps program established pursuant to
section 15H.7, the RefugeeRISE AmeriCorps program established
pursuant to section 15H.8, and the Iowa national service
corps program established pursuant to section 15H.9 shall be
obtained from private sector, and local, state, and federal
government sources, or from other available funds credited
to the community programs account, which shall be created
within the economic development authority department under the
authority of the commission. Moneys available in the account
for a fiscal year are appropriated to the commission to be
used for the programs. The commission may establish an escrow
account within the authority department and obligate moneys
within that escrow account for tuition or program payments to
be made beyond the term of any fiscal year. Notwithstanding
section 12C.7, subsection 2, interest earned on moneys in the
community programs account shall be credited to the account.
Notwithstanding section 8.33, moneys in the community programs
account or escrow account shall not revert to the general fund
but shall remain available for expenditure in future fiscal
years.
Sec. 24. Section 15H.8, Code 2023, is amended to read as
follows:
15H.8 RefugeeRISE AmeriCorps program.
1. a. The commission, in collaboration with the department
of human services, shall establish a Refugee Rebuild,
Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
to increase community integration and engagement for diverse
refugee communities in rural and urban areas across the state.
b. The commission, in collaboration with the department
of human services, may adopt rules pursuant to chapter 17A to
-12-implement and administer this section.
2. The commission may use moneys in and lawfully available
to the community programs account created in section 15H.5 to
fund the program.
3. The commission shall submit an annual report to the
general assembly and the department of human services relating
to the efficacy of the program.
Sec. 25. Section 15H.10, subsection 6, Code 2023, is amended
to read as follows:
6. Notwithstanding section 8.33, moneys appropriated to
the economic development authority department for allocation
to the commission for purposes of this section that remain
unencumbered or unobligated at the close of a fiscal year
shall not revert but shall remain available to be used for the
purposes designated in this section until the close of the
succeeding fiscal year.
Sec. 26. Section 16.2D, subsection 1, Code 2023, is amended
to read as follows:
1. A council on homelessness is created consisting of twenty
members, eleven of whom are voting members and nine of whom are
nonvoting members. At all times, at least one voting member
shall be a member of a minority group.
Sec. 27. Section 16.2D, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Nine nonvoting Nonvoting agency director members
consisting of all of the following:
(1) The director of the department of education or the
director’s designee.
(2) The director of health and human services or the
director’s designee.
(3) The attorney general or the attorney general’s
designee.
(4) The director of public health or the director’s
designee.
(5) The director of the department on aging or the
-13-director’s designee.
(6) (4) The director of the department of corrections or
the director’s designee.
(7) (5) The director of the department of workforce
development or the director’s designee.
(8) (6) The executive director of the Iowa finance
authority or the executive director’s designee.
(9) (7) The director of the department of veterans affairs
or the director’s designee.
Sec. 28. Section 16.3, subsection 9, Code 2023, is amended
to read as follows:
9. The interest costs paid by group homes of fifteen beds or
less licensed as health care facilities or child foster care
facilities for facility acquisition and indirectly reimbursed
by the department of health and human services through payments
for patients at those facilities who are recipients of medical
assistance or state supplementary assistance are severe drains
on the state’s budget. A reduction in these costs obtained
through financing with tax-exempt revenue bonds would clearly
be in the public interest.
Sec. 29. Section 16.47, subsection 3, Code 2023, is amended
to read as follows:
3. The authority, in cooperation with the department on
aging of health and human services, shall annually allocate
moneys available in the home and community-based services
revolving loan program fund to develop and expand facilities
and infrastructure that provide adult day services, respite
services, congregate meals, and programming space for health
and wellness, health screening, and nutritional assessments
that address the needs of persons with low incomes.
Sec. 30. Section 16.48, subsections 1 and 3, Code 2023, are
amended to read as follows:
1. A transitional housing revolving loan program fund is
created within the authority to further the availability of
affordable housing for parents that are reuniting with their
-14-children while completing or participating in substance abuse
use disorder treatment. The moneys in the fund are annually
appropriated to the authority to be used for the development
and operation of a revolving loan program to provide financing
to construct affordable transitional housing, including through
new construction or acquisition and rehabilitation of existing
housing. The housing provided shall be geographically located
in close proximity to licensed substance abuse use disorder
treatment programs. Preference in funding shall be given to
projects that reunite mothers with the mothers’ children.
3. The authority shall annually allocate moneys available
in the transitional housing revolving loan program fund for the
development of affordable transitional housing for parents that
are reuniting with the parents’ children while completing or
participating in substance abuse use disorder treatment. The
authority shall develop a joint application process for the
allocation of federal low-income housing tax credits and the
funds available under this section. Moneys allocated to such
projects may be in the form of loans, grants, or a combination
of loans and grants.
Sec. 31. Section 16.49, subsection 4, Code 2023, is amended
to read as follows:
4. a. A project shall demonstrate written approval of the
project by the department of health and human services to the
authority prior to application for funding under this section.
b. In order to be approved by the department of health and
human services for application for funding for development of
permanent supportive housing under this section, a project
shall include all of the following components:
(1) Provision of services to any of the following Medicaid
waiver-eligible individuals:
(a) Individuals who are currently underserved in community
placements, including individuals who are physically aggressive
or have behaviors that are difficult to manage or individuals
who meet the psychiatric medical institution for children level
-15-of care.
(b) Individuals who are currently residing in out-of-state
facilities.
(c) Individuals who are currently receiving care in a
licensed health care facility.
(2) A plan to provide each individual with crisis
stabilization services to ensure that the individual’s
behavioral issues are appropriately addressed by the provider.
(3) Policies and procedures that prohibit discharge of the
individual from the waiver services provided by the project
provider unless an alternative placement that is acceptable to
the client or the client’s guardian is identified.
c. In order to be approved by the department of health and
human services for application for funding for development of
infrastructure in which to provide supportive services under
this section, a project shall include all of the following
components:
(1) Provision of services to Medicaid waiver-eligible
individuals who meet the psychiatric medical institution for
children level of care.
(2) Policies and procedures that prohibit discharge of the
individual from the waiver services provided by the project
provider unless an alternative placement that is acceptable to
the client or the client’s guardian is identified.
d. Housing provided through a project under this section is
exempt from the requirements of chapter 135O.
Sec. 32. Section 22.7, subsections 2, 16, 35, 61, and 62,
Code 2023, are amended to read as follows:
2. Hospital records, medical records, and professional
counselor records of the condition, diagnosis, care, or
treatment of a patient or former patient or a counselee or
former counselee, including outpatient. However, confidential
communications between a crime victim and the victim’s
counselor are not subject to disclosure except as provided in
section 915.20A. However, the Iowa department of public health
-16- and human services shall adopt rules which provide for the
sharing of information among agencies and providers concerning
the maternal and child health program including but not limited
to the statewide child immunization information system, while
maintaining an individual’s confidentiality.
16. Information in a report to the Iowa department of public
health and human services, to a local board of health, or to
a local health department, which identifies a person infected
with a reportable disease.
35. Records of the Iowa department of public health and
human services pertaining to participants in the gambling
treatment program except as otherwise provided in this chapter.
61. Records of the department on aging of health and human
services pertaining to clients served by the state office or a
local office of public guardian as defined in section 231E.3.
62. Records maintained by the department on aging of health
and human services or office of long-term care ombudsman that
disclose the identity of a complainant, resident, tenant, or
individual receiving services provided by the department on
aging of health and human services, an area agency on aging,
or the office of long-term care ombudsman, unless disclosure
is otherwise allowed under section 231.42, subsection 12,
paragraph “a”.
Sec. 33. Section 23A.2, subsection 10, paragraph l,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The offering of goods and services to the public as part
of a client training program operated by a state resource
center under the control of the department of health and human
services provided that all of the following conditions are met:
Sec. 34. Section 23A.2, subsection 10, paragraph l,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Any off-campus vocational or employment training
program developed or operated by the department of health and
human services for clients of a state resource center is a
-17-supported vocational training program or a supported employment
program offered by a community-based provider of services or
other employer in the community.
Sec. 35. Section 28M.1, subsection 7, Code 2023, is amended
to read as follows:
7. “Transportation” means the movement of individuals in
a four or more wheeled motorized vehicle designed to carry
passengers, including a car, van, or bus, or the carrying
of individuals upon cars operated upon stationary rails,
between one geographic point and another geographic point.
“Transportation” does not include emergency or incidental
transportation or transportation conducted by the department of
health and human services at its institutions.
Sec. 36. Section 35A.5, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. Coordinate with United States department of veterans
affairs hospitals, health care facilities, and clinics in this
state and the department of public health and human services
to provide assistance to veterans and their families to reduce
the incidence of alcohol and chemical dependency and suicide
among veterans and to make mental health counseling available
to veterans.
Sec. 37. Section 35D.14A, Code 2023, is amended to read as
follows:
35D.14A Volunteer record checks.
1. Persons who are potential volunteers or volunteers in
the Iowa veterans home in a position having direct individual
contact with patients or residents of the home shall be subject
to criminal history and child and dependent adult abuse record
checks in accordance with this section. The Iowa veterans home
shall request that the department of public safety perform the
criminal history check and the record check evaluation system
of the department of health and human services perform child
and dependent adult abuse record checks of the person in this
state and may request these checks in other states.
-18- 2. a. If it is determined that a person has been convicted
of a crime under a law of any state or has a record of
founded child or dependent adult abuse, the person shall not
participate as a volunteer with direct individual contact
with patients or residents of the Iowa veterans home unless
an evaluation has been performed by the department of human
services record check evaluation system to determine whether
the crime or founded child or dependent adult abuse warrants
prohibition of the person’s participation as a volunteer in the
Iowa veterans home. The department of human services record
check evaluation system shall perform such evaluation upon the
request of the Iowa veterans home.
b. In an evaluation, the department of human services
record check evaluation system shall consider the nature and
seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held, the time
elapsed since the commission of the crime or founded child or
dependent adult abuse, the circumstances under which the crime
or founded child or dependent adult abuse was committed, the
degree of rehabilitation, the likelihood that the person will
commit the crime or founded child or dependent adult abuse
again, and the number of crimes or founded child or dependent
adult abuses committed by the person involved.
c. If the department of human services record check
evaluation system performs an evaluation for the purposes of
this section, the department of human services record check
evaluation system has final authority in determining whether
prohibition of the person’s participation as a volunteer is
warranted. The department of human services record check
evaluation system may permit a person who is evaluated to
participate as a volunteer if the person complies with the
department’s record check evaluation system’s conditions
relating to participation as a volunteer which may include
completion of additional training.
Sec. 38. Section 47.7, subsection 2, paragraph a, Code 2023,
-19-is amended to read as follows:
a. On or before January 1, 2006, the state registrar of
voters shall implement in a uniform and nondiscriminatory
manner, a single, uniform, official, centralized, interactive
computerized statewide voter registration file defined,
maintained, and administered at the state level that contains
the name and registration information of every legally
registered voter in the state and assigns a unique identifier
to each legally registered voter in the state. The state voter
registration system shall be coordinated with other agency
databases within the state, including, but not limited to,
state department of transportation driver’s license records,
judicial records of convicted felons and persons declared
incompetent to vote, and Iowa department of public health and
human services records of deceased persons.
Sec. 39. Section 48A.19, subsection 1, Code 2023, is amended
to read as follows:
1. The following state agencies are responsible for voter
registration:
a. All state offices that have direct client contact and
provide applications for public assistance, including but not
limited to offices administering the following programs:
(1) Food stamps The supplemental nutrition assistance
program.
(2) Medical The medical assistance program under chapter
249A.
(3) Iowa The Iowa family investment program.
(4) Special The special supplemental nutrition program for
women, infants, and children.
b. (1) All offices that provide state-funded programs
primarily engaged in providing services to persons with
disabilities, including but not limited to all of the
following:
(a) Department for the blind.
(b) Division of vocational rehabilitation services of the
-20-department of education workforce development.
(c) Office of deaf services of the department of health and
human rights services or its successor agency.
(d) Office of persons with disabilities of the department of
health and human rights services or its successor agency.
(2) An agency designated a voter registration agency
under this paragraph which provides services to persons with
disabilities in their homes shall provide voter registration
services at the clients’ homes.
c. Other federal and state agencies designated to provide
voter registration services include, but are not limited to,
the United States armed forces recruiting offices.
Sec. 40. Section 48A.31, Code 2023, is amended to read as
follows:
48A.31 Deceased persons record.
The state registrar of vital statistics shall transmit
or cause to be transmitted to the state registrar of voters,
once each calendar quarter, a certified list of all persons
seventeen years of age and older in the state whose deaths have
been reported to the bureau state registrar of vital records
of the Iowa department of public health statistics since the
previous list of decedents was certified to the state registrar
of voters. The list shall be submitted according to the
specifications of the state registrar of voters and shall be
transmitted to the state registrar of voters without charge
for production or transmission. The commissioner shall, in
the month following the end of a calendar quarter, run the
statewide voter registration system’s matching program to
determine whether a listed decedent was registered to vote in
the county and shall immediately cancel the registration of any
person named on the list of decedents.
Sec. 41. Section 68B.2, subsection 23, Code 2023, is amended
to read as follows:
23. “Regulatory agency” means the department of agriculture
and land stewardship, department of workforce development,
-21-department of commerce, Iowa department of public health,
department of public safety, department of education, state
board of regents, department of health and human services,
department of revenue, department of inspections and appeals,
department of administrative services, public employment
relations board, state department of transportation, civil
rights commission, department of public defense, department of
homeland security and emergency management, Iowa ethics and
campaign disclosure board, and department of natural resources.
Sec. 42. Section 80.9B, subsections 3 and 7, Code 2023, are
amended to read as follows:
3. The provisions of chapter 141A also do not apply to
the transmission of the same information from either or
both information systems to employees of state correctional
institutions subject to the jurisdiction of the department
of corrections, employees of secure facilities for juveniles
subject to the jurisdiction of the department of health and
human services, and employees of city and county jails, if
those employees have direct physical supervision over inmates
of those facilities or institutions.
7. The commissioner shall develop and establish, in
cooperation with the department of corrections and the
department of public health and human services, training
programs and program criteria for persons receiving human
immunodeficiency virus-related information through the Iowa
criminal justice information system or the national crime
information center system.
Sec. 43. Section 80.28, subsection 2, paragraph a,
subparagraph (6), Code 2023, is amended to read as follows:
(6) One member representing the Iowa department of public
health and human services.
Sec. 44. Section 80B.11C, Code 2023, is amended to read as
follows:
80B.11C Public safety telecommunicator training standards.
The director of the academy, subject to the approval of
-22-the council, in consultation with the Iowa state sheriffs’
and deputies’ association, the Iowa police executive forum,
the Iowa peace officers association, the Iowa state police
association, the Iowa professional fire fighters, the Iowa
emergency medical services association, the joint council of
Iowa fire service organizations, the Iowa department of public
safety, the Iowa chapter of the association of public-safety
communications officials—international, inc., the Iowa chapter
of the national emergency number association, the department
of homeland security and emergency management, and the Iowa
department of public health and human services, shall adopt
rules pursuant to chapter 17A establishing minimum standards
for training of public safety telecommunicators. “Public
safety telecommunicator” means a person who serves as a first
responder by receiving requests for, or by dispatching requests
to, emergency response agencies which include but are not
limited to law enforcement, fire, rescue, and emergency medical
services agencies.
Sec. 45. Section 80E.2, Code 2023, is amended to read as
follows:
80E.2 Drug policy advisory council — membership — duties.
1. An Iowa drug policy advisory council is established which
shall consist of the following seventeen members:
a. The drug policy coordinator director, who shall serve as
chairperson of the council.
b. The director of the department of corrections, or the
director’s designee.
c. The director of the department of education, or the
director’s designee.
d. The director of the department of public health and human
services, or the director’s designee.
e. The commissioner of public safety, or the commissioner’s
designee.
f. The director of the department of human services, or the
director’s designee.
-23- g. The director of the division of criminal and juvenile
justice planning in the department of human rights, or the
division director’s designee.
h. f. The state public defender, or the state public
defender’s designee.
i. g. A prosecuting attorney.
j. h. A certified alcohol and drug counselor.
k. i. A certified substance abuse use disorder prevention
specialist.
l. j. A substance use disorder treatment program director.
m. k. A justice of the Iowa supreme court, or judge, as
designated by the chief justice of the supreme court.
n. l. A member representing the Iowa peace officers
association.
o. m. A member representing the Iowa state police
association.
p. n. A member representing the Iowa state sheriffs’ and
deputies’ association.
q. o. A police chief.
2. The prosecuting attorney, certified alcohol and drug
counselor, certified substance abuse use disorder prevention
specialist, substance use disorder treatment program director,
member representing the Iowa peace officers association,
member representing the Iowa state police association, the
member representing the Iowa state sheriffs’ and deputies’
association, and the member who is a police chief shall be
appointed by the governor, subject to senate confirmation, for
four-year terms beginning and ending as provided in section
69.19. A vacancy on the council shall be filled for the
unexpired term in the same manner as the original appointment
was made.
3. The council shall make policy recommendations to
the appropriate departments concerning the administration,
development, and coordination of programs related to substance
abuse use disorder education, prevention, treatment, and
-24-enforcement.
4. The members of the council shall be reimbursed for actual
and necessary travel and related expenses incurred in the
discharge of official duties. Each member of the council may
also be eligible to receive compensation as provided in section
7E.6.
5. The council shall meet at least semiannually throughout
the year.
6. A majority of the members of the council constitutes a
quorum, and a majority of the total membership of the council
is necessary to act in any matter within the jurisdiction of
the council.
Sec. 46. Section 84A.1A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The nonvoting members of the Iowa workforce development
board shall include the following:
(1) One state senator appointed by the minority leader of
the senate, who shall serve for a term as provided in section
69.16B.
(2) One state representative appointed by the minority
leader of the house of representatives, who shall serve for a
term as provided in section 69.16B.
(3) One president, or the president’s designee, of the
university of northern Iowa, the university of Iowa, or Iowa
state university of science and technology, designated by the
state board of regents on a rotating basis.
(4) One president, or the president’s designee, of an
independent Iowa college, appointed by the Iowa association of
independent colleges and universities.
(5) One president or president’s designee, of a community
college, appointed by the Iowa association of community college
presidents.
(6) One representative of the economic development
authority, appointed by the director.
(7) One representative of the department on aging,
-25-appointed by the director.
(8) (7) One representative of the department of
corrections, appointed by the director.
(9) (8) One representative of the department of health and
human services, appointed by the director.
(10) (9) One representative of the United States department
of labor, office of apprenticeship.
(11) (10) One representative from the largest statewide
public employees’ organization representing state employees.
(12) (11) One representative of a statewide labor
organization representing employees in the construction
industry.
(13) (12) One representative of a statewide labor
organization representing employees in the manufacturing
industry.
Sec. 47. Section 84A.6, subsections 2 and 3, Code 2023, are
amended to read as follows:
2. a. The director of the department of workforce
development, in cooperation with the department of health
and human services, shall provide job placement and training
to persons referred by the department of health and human
services under the promoting independence and self-sufficiency
through employment job opportunities and basic skills program
established pursuant to chapter 239B and the food stamp
supplemental nutrition assistance program employment and
training program.
b. The department of workforce development, in consultation
with the department of health and human services, shall develop
and implement departmental recruitment and employment practices
that address the needs of former and current participants in
the family investment program under chapter 239B.
3. The director of the department of workforce development,
in cooperation with the department of health and human rights
services and the vocational rehabilitation services division
of the department of education workforce development, shall
-26-establish a program to provide job placement and training to
persons with disabilities.
Sec. 48. Section 84A.9, Code 2023, is amended to read as
follows:
84A.9 Statewide mentoring program.
A statewide mentoring program is established to recruit,
screen, train, and match individuals in a mentoring
relationship. The department of workforce development shall
administer the program in collaboration with the departments
of health and human services, and education, and human rights.
The availability of the program is subject to the funding
appropriated for the purposes of the program.
Sec. 49. Section 84A.11, subsection 2, Code 2023, is amended
to read as follows:
2. The department of workforce development shall consult
with the board of nursing, the department of public health
and human services, the department of education, and other
appropriate entities in developing recommendations to determine
options for additional data collection.
Sec. 50. Section 84B.1, Code 2023, is amended to read as
follows:
84B.1 Workforce development system.
The departments of workforce development, education,
health and human services, and corrections, the economic
development authority, the department on aging, the division
of Iowa vocational rehabilitation services of the department
of education workforce development, and the department for
the blind shall collaborate where possible under applicable
state and federal law to align workforce development programs,
services, and activities in an integrated workforce development
system in the state and in each local workforce development
area that is data driven and responsive to the needs of
workers, job seekers, and employers. The departments,
authority, and division shall also jointly establish an
integrated management information system for linking workforce
-27-development programs within local workforce development systems
and in the state.
Sec. 51. Section 84B.2, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The department of workforce development, in consultation
with the departments of education, health and human services,
and corrections, the economic development authority,
the department on aging, the division of Iowa vocational
rehabilitation services of the department of education
workforce development, and the department for the blind
shall establish guidelines for colocating state and federal
employment and training programs in centers providing services
at the local level. The centers shall be known as workforce
development centers. The guidelines shall provide for local
design and operation within the guidelines. The core services
available at a center shall include but are not limited to all
of the following:
Sec. 52. Section 85.38, subsection 4, Code 2023, is amended
to read as follows:
4. Lien for hospital and medical services under chapter
249A. In the event any hospital or medical services as provided
in section 85.27 are paid by the state department of health and
human services on behalf of an employee who is entitled to such
benefits under the provisions of this chapter or chapter 85A or
85B, a lien shall exist as respects the right of such employee
to benefits as described in section 85.27.
Sec. 53. Section 85.60, Code 2023, is amended to read as
follows:
85.60 Injuries while in work-based learning opportunity,
employment training, or evaluation.
A person participating in a work-based learning opportunity
referred to in section 85.61, or receiving earnings while
engaged in employment training or while undergoing an
employment evaluation under the direction of a rehabilitation
facility approved for purchase-of-service contracts or for
-28-referrals by the department of health and human services or the
department of education, who sustains an injury arising out
of and in the course of the work-based learning opportunity
participation, employment training, or employment evaluation
is entitled to benefits as provided in this chapter, chapter
85A, chapter 85B, and chapter 86. Notwithstanding the minimum
benefit provisions of this chapter, a person referred to in
this section and entitled to benefits under this chapter is
entitled to receive a minimum weekly benefit amount for a
permanent partial disability under section 85.34, subsection
2, or for a permanent total disability under section 85.34,
subsection 3, equal to the weekly benefit amount of a person
whose gross weekly earnings are thirty-five percent of the
statewide average weekly wage computed pursuant to section 96.3
and in effect at the time of the injury.
Sec. 54. Section 85.61, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. A rehabilitation facility approved for
purchase-of-service contracts or for referrals by the
department of health and human services or the department of
education.
Sec. 55. Section 85A.11, subsection 2, Code 2023, is amended
to read as follows:
2. The specimens for the tests required by this section
must be taken by a licensed practicing physician or osteopathic
physician, and immediately delivered to the state hygienic
laboratory of the Iowa department of public health at Iowa
City. Each specimen shall be in a container upon which is
plainly printed the name and address of the subject, the date
when the specimen was taken, the name and address of the
subject’s employer, and a certificate by the physician or
osteopathic physician that the physician took the specimen
from the named subject on the date stated over the physician’s
signature and address.
Sec. 56. Section 85A.20, Code 2023, is amended to read as
-29-follows:
85A.20 Investigation.
The workers’ compensation commissioner may designate
the industrial hygiene physician medical director of the
Iowa department of public health and human services and two
physicians selected by the dean of the university of Iowa
college of medicine, from the staff of the college, who shall
be qualified to diagnose and report on occupational diseases.
For the purpose of investigating occupational diseases, the
physicians shall have the use, without charge, of all necessary
laboratory and other facilities of the university of Iowa
college of medicine and of the university hospital at the state
university of Iowa, and of the Iowa department of public health
and human services in performing the physicians’ duties.
Sec. 57. Section 89.4, subsection 1, paragraph h, Code 2023,
is amended to read as follows:
h. Hot water heating boilers used for heating pools or
spas regulated by the department of public health inspections,
appeals, and licensing pursuant to chapter 135I.
Sec. 58. Section 89B.17, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The director of public health and human services, the labor
commissioner, and the director of the department of natural
resources or the director’s designee under written signatures
of all these parties may recommend any of the following
actions:
Sec. 59. Section 92.17, subsection 3, Code 2023, is amended
to read as follows:
3. A child from working in any occupation or business
operated by the child’s parents. For the purposes of this
subsection, “child” and “parents” include a foster child and the
child’s foster parents who are licensed by the department of
health and human services.
Sec. 60. Section 96.3, subsections 9 and 11, Code 2023, are
amended to read as follows:
-30- 9. Child support intercept.
a. An individual filing a claim for benefits under section
96.6, subsection 1, shall, at the time of filing, disclose
whether the individual owes a child support obligation which
is being enforced by the child support recovery unit services
established in section 252B.2. If an individual discloses that
such a child support obligation is owed and the individual is
determined to be eligible for benefits under this chapter,
the department shall notify the child support recovery unit
services of the individual’s disclosure and deduct and withhold
from benefits payable to the individual the amount specified
by the individual.
b. However, if the child support recovery unit services
and an individual owing a child support obligation reach an
agreement to have specified amounts deducted and withheld from
the individual’s benefits and the child support recovery unit
services submits a copy of the agreement to the department, the
department shall deduct and withhold the specified amounts.
c. (1) However, if the department is notified of income
withholding by the child support recovery unit services under
chapter 252D or section 598.22 or 598.23 or if income is
garnisheed by the child support recovery unit services under
chapter 642 and an individual’s benefits are condemned to the
satisfaction of the child support obligation being enforced by
the child support recovery unit services, the department shall
deduct and withhold from the individual’s benefits that amount
required through legal process.
(2) Notwithstanding section 642.2, subsections 2, 3,
6, and 7, which restrict garnishments under chapter 642 to
wages of public employees, the department may be garnisheed
under chapter 642 by the child support recovery unit services
established in section 252B.2, pursuant to a judgment for child
support against an individual eligible for benefits under this
chapter.
(3) Notwithstanding section 96.15, benefits under this
-31-chapter are not exempt from income withholding, garnishment,
attachment, or execution if withheld for or garnisheed by the
child support recovery unit services, established in section
252B.2, or if an income withholding order or notice of the
income withholding order under section 598.22 or 598.23 is
being enforced by the child support recovery unit services to
satisfy the child support obligation of an individual who is
eligible for benefits under this chapter.
d. An amount deducted and withheld under paragraph “a”, “b”,
or “c” shall be paid by the department to the child support
recovery unit services, and shall be treated as if it were paid
to the individual as benefits under this chapter and as if it
were paid by the individual to the child support recovery unit
services in satisfaction of the individual’s child support
obligations.
e. If an agreement for reimbursement has been made, the
department shall be reimbursed by the child support recovery
unit services for the administrative costs incurred by the
department under this section which are attributable to the
enforcement of child support obligations by the child support
recovery unit services.
11. Overissuance of food stamp supplemental nutrition
assistance program benefits. The department shall collect any
overissuance of food stamp supplemental nutrition assistance
program benefits by offsetting the amount of the overissuance
from the benefits payable under this chapter to the individual.
This subsection shall only apply if the department is
reimbursed under an agreement with the department of health and
human services for administrative costs incurred in recouping
the overissuance. The provisions of section 96.15 do not apply
to this subsection.
Sec. 61. Section 97B.49B, subsection 1, paragraph e,
subparagraph (16), Code 2023, is amended to read as follows:
(16) A person employed by the department of health and
human services as a psychiatric security specialist at a civil
-32-commitment unit for sexually violent offenders facility.
Sec. 62. Section 99D.7, subsections 22 and 23, Code 2023,
are amended to read as follows:
22. To cooperate with the gambling treatment program
administered by the Iowa department of public health and human
services to incorporate information regarding the gambling
treatment program and its toll-free telephone number in printed
materials distributed by the commission. The commission may
require licensees to have the information available in a
conspicuous place as a condition of licensure.
23. To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest as
defined in section 99E.1, from advance deposit sports wagering
as defined in section 99F.9, and from the wagering area of
a racetrack enclosure, from the gaming floor, and from the
sports wagering area, as defined in section 99F.1, of all
other licensed facilities under this chapter and chapter 99F
as provided in this subsection. The process shall provide
that an initial request by a person to be voluntarily excluded
shall be for a period of five years or life and any subsequent
request following any five-year period shall be for a period of
five years or life. The process established shall require that
licensees be provided electronic access to names and social
security numbers of persons voluntarily excluded through a
secured interactive internet site maintained by the commission
and information regarding persons voluntarily excluded shall
be disseminated to all licensees under this chapter, chapter
99E, and chapter 99F. The names, social security numbers, and
information regarding persons voluntarily excluded shall be
kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health and human services
-33- on gambling treatment options. The state and any licensee
under this chapter, chapter 99E, or chapter 99F shall not be
liable to any person for any claim which may arise from this
process. In addition to any other penalty provided by law, any
money or thing of value that has been obtained by, or is owed
to, a voluntarily excluded person as a result of wagers made
by the person after the person has been voluntarily excluded
shall be forfeited by the person and shall be credited to the
general fund of the state. The commission shall not initiate
any administrative action or impose penalties on a licensee who
voluntarily reports to the commission activity described in
section 99D.24, subsection 4, paragraph “c”.
Sec. 63. Section 99D.9, subsection 6, paragraph b, Code
2023, is amended to read as follows:
b. A licensee shall not permit a financial institution,
vendor, or other person to dispense cash or credit through an
electronic or mechanical device including but not limited to a
satellite terminal as defined in section 527.2, that is located
in the wagering area. However, this paragraph shall not apply
to cashless wagering systems where a person accesses a cash
account through a mobile application used by the licensee
to conduct cashless wagering. The mobile application shall
include the statewide telephone number authorized by the Iowa
department of public health and human services to provide
problem gambling information and extensive responsible gaming
features in addition to those described in section 99D.7,
subsection 23.
Sec. 64. Section 99E.5, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. Include on the internet site or mobile application used
by the licensee to conduct internet fantasy sports contests the
statewide telephone number authorized by the Iowa department of
public health and human services to provide problem gambling
information and extensive responsible gaming features in
addition to those described in section 99F.4, subsection 22.
-34- Sec. 65. Section 99F.4, subsection 22, Code 2023, is amended
to read as follows:
22. To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest
as defined in section 99E.1, from advance deposit sports
wagering as defined in section 99F.9, from the gaming floor
and sports wagering area of an excursion gambling boat, from
the wagering area, as defined in section 99D.2, and from the
gaming floor and sports wagering area of all other licensed
facilities under this chapter and chapter 99D as provided in
this subsection. The process shall provide that an initial
request by a person to be voluntarily excluded shall be for
a period of five years or life and any subsequent request
following any five-year period shall be for a period of five
years or life. The process established shall require that
licensees be provided electronic access to names and social
security numbers of persons voluntarily excluded through a
secured interactive internet site maintained by the commission
and information regarding persons voluntarily excluded shall
be disseminated to all licensees under this chapter, chapter
99D, and chapter 99E. The names, social security numbers, and
information regarding persons voluntarily excluded shall be
kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health and human services
on gambling treatment options. The state and any licensee
under this chapter, chapter 99D, or chapter 99E shall not be
liable to any person for any claim which may arise from this
process. In addition to any other penalty provided by law, any
money or thing of value that has been obtained by, or is owed
to, a voluntarily excluded person as a result of wagers made
by the person after the person has been voluntarily excluded
-35-shall be forfeited by the person and shall be credited to the
general fund of the state. The commission shall not initiate
any administrative action or impose penalties on a licensee who
voluntarily reports to the commission activity described in
section 99F.15, subsection 4, paragraph “n”.
Sec. 66. Section 99F.7, subsection 10, paragraph b, Code
2023, is amended to read as follows:
b. A licensee shall not permit a financial institution,
vendor, or other person to dispense cash or credit through an
electronic or mechanical device including but not limited to
a satellite terminal, as defined in section 527.2, that is
located on the gaming floor. However, this paragraph shall not
apply to cashless wagering systems where a person accesses a
cash account through a mobile application used by the licensee
to conduct cashless wagering. The mobile application shall
include the statewide telephone number authorized by the Iowa
department of public health and human services to provide
problem gambling information and extensive responsible gaming
features in addition to those described in section 99F.4,
subsection 22.
Sec. 67. Section 99F.7A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Include on the internet site or mobile application used
by the licensee to conduct advance deposit sports wagering as
authorized in section 99F.9 the statewide telephone number
authorized by the Iowa department of public health and human
services to provide problem gambling information and extensive
responsible gaming features in addition to those described in
section 99F.4, subsection 22.
Sec. 68. Section 100C.1, subsection 1, Code 2023, is amended
to read as follows:
1. “Alarm system” means a system or portion of a combination
system that consists of components and circuits arranged to
monitor and annunciate the status of a fire alarm, security
alarm, or nurse call or supervisory signal-initiating devices
-36-and to initiate the appropriate response to those signals,
but does not mean any such security system or portion of a
combination system installed in a prison, jail, or detention
facility owned by the state, a political subdivision of the
state, the department of health and human services, or the Iowa
veterans home.
Sec. 69. Section 101C.3, subsection 1, Code 2023, is amended
to read as follows:
1. The Iowa propane education and research council is
established. The council shall consist of ten voting members,
nine of whom represent retail propane marketers and one of whom
shall be the administrator of the division of a representative
of the department of health and human services responsible
for community action agencies of the department of human
rights. Members of the council other than the administrator
representing retail propane marketers shall be appointed by the
fire marshal from a list of nominees submitted by qualified
propane industry organizations by December 15 of each year. A
vacancy in the unfinished term of a council member shall be
filled for the remainder of the term in the same manner as the
original appointment was made. Other than the administrator,
council Council members representing retail propane marketers
shall be full-time employees or owners of a propane industry
business or representatives of an agricultural cooperative
actively engaged in the propane industry. An employee of a
qualified propane industry organization shall not serve as a
member of the council. An officer of the board of directors of
a qualified propane industry organization or propane industry
trade association shall not serve concurrently as a member of
the council. The fire marshal or a designee may serve as an ex
officio, nonvoting member of the council.
Sec. 70. Section 123.47, subsection 4, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) A second offense shall be a simple misdemeanor
punishable by a fine of five hundred dollars. In addition to
-37-any other applicable penalty, the person in violation of this
section shall choose between either completing a substance
abuse use disorder evaluation or the suspension of the person’s
motor vehicle operating privileges for a period not to exceed
one year.
Sec. 71. Section 124.409, subsection 1, Code 2023, is
amended to read as follows:
1. Whenever the court finds that a person who is charged
with a violation of section 124.401 and who consents thereto,
or who has entered a plea of guilty to or been found guilty of
a violation of that section, is addicted to, dependent upon,
or a chronic abuser user of any controlled substance and that
such person will be aided by proper medical treatment and
rehabilitative services, the court may order that the person
be committed as an in-patient or out-patient to a facility
licensed by the Iowa department of public health and human
services for medical treatment and rehabilitative services.
Sec. 72. Section 124.504, subsection 3, Code 2023, is
amended to read as follows:
3. A practitioner engaged in medical practice or research
or the Iowa drug abuse substance use disorder authority or
any program which is licensed by the authority shall not be
required to furnish the name or identity of a patient or
research subject to the board or the department, nor shall the
practitioner or the authority or any program which is licensed
by the authority be compelled in any state or local civil,
criminal, administrative, legislative or other proceedings
to furnish the name or identity of an individual that the
practitioner or the authority or any of its licensed programs
is obligated to keep confidential.
Sec. 73. Section 124.551, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The program shall collect from pharmacies dispensing
information for controlled substances identified pursuant
-38-to section 124.554, subsection 1, paragraph “g”, and from
first responders as defined in section 147A.1, subsection
7, with the exception of emergency medical care providers
as defined in section 147A.1, subsection 4, administration
information for opioid antagonists. The department of public
health and human services shall provide information for the
administration of opioid antagonists to the board as prescribed
by rule for emergency medical care providers as defined in
section 147A.1, subsection 4. The board shall adopt rules
requiring the following information to be provided regarding
the administration of opioid antagonists:
Sec. 74. Section 124.556, Code 2023, is amended to read as
follows:
124.556 Education and treatment.
The program shall include education initiatives and outreach
to consumers, prescribing practitioners, and pharmacists, and
shall also include assistance for identifying substance abuse
use disorder treatment programs and providers. The program
shall also include educational updates and information on
general patient risk factors for prescribing practitioners.
The board and advisory council shall adopt rules, as provided
under section 124.554, to implement this section.
Sec. 75. Section 124E.2, subsections 3 and 8, Code 2023, are
amended to read as follows:
3. “Department” means the department of public health and
human services.
8. “Laboratory” means the state hygienic laboratory
at the university of Iowa in Iowa City or any other
independent medical cannabidiol testing facility accredited
to standard ISO/IEC 17025 by an international organization
for standards-approved accrediting body, with a controlled
substance registration certificate from the United States drug
enforcement administration and a certificate of registration
from the board of pharmacy. For the purposes of this chapter,
an independent laboratory is a laboratory operated by an
-39-entity that has no equity ownership in a medical cannabidiol
manufacturer.
Sec. 76. Section 124E.6, subsection 4, Code 2023, is amended
to read as follows:
4. A medical cannabidiol manufacturer shall contract with
a laboratory to perform spot-check testing of the medical
cannabidiol produced by the medical cannabidiol manufacturer
as provided in section 124E.7. The department shall require
that the laboratory report testing results to the medical
cannabidiol manufacturer and the department as determined by
the department by rule. If a medical cannabidiol manufacturer
contracts with a laboratory other than the state hygienic
laboratory at the university of Iowa in Iowa City, the
department shall approve the laboratory to perform testing
pursuant to this chapter.
Sec. 77. Section 124E.14, Code 2023, is amended to read as
follows:
124E.14 Out-of-state medical cannabidiol dispensaries.
The department of public health shall utilize a request for
proposals process to select and license by December 1, 2017,
up to two out-of-state medical cannabidiol dispensaries from a
bordering state to sell and dispense medical cannabidiol to a
patient or primary caregiver in possession of a valid medical
cannabidiol registration card issued under this chapter.
Sec. 78. Section 125.1, Code 2023, is amended to read as
follows:
125.1 Declaration of policy.
It is the policy of this state:
1. That persons with substance-related disorders a
substance use disorder be afforded the opportunity to
receive quality treatment and directed into rehabilitation
services which will help them resume a socially acceptable and
productive role in society.
2. To encourage substance abuse use disorder education
and prevention efforts and to insure that such efforts are
-40-coordinated to provide a high quality of services without
unnecessary duplication.
3. To insure that substance abuse use disorder programs
are being operated by individuals who are qualified in their
field whether through formal education or through employment
or personal experience.
Sec. 79. Section 125.2, Code 2023, is amended to read as
follows:
125.2 Definitions.
For purposes of this chapter, unless the context clearly
indicates otherwise:
1. “Board” means the state board of health created pursuant
to chapter 136.
2. 1. “Chemical substance” means alcohol, wine, spirits,
and beer as defined in chapter 123 and controlled substances
as defined in section 124.101.
3. 2. “Chief medical officer” means the medical director
in charge of a public or private hospital, or the director’s
physician-designee. This chapter does not negate the
authority otherwise reposed by chapter 226 in the respective
superintendents of the state mental health institutes to make
decisions regarding the appropriateness of admissions or
discharges of patients of those institutes, however, it is
the intent of this chapter that a superintendent who is not a
licensed physician shall be guided in these decisions by the
chief medical officer of the institute.
4. 3. “Clerk” means the clerk of the district court.
4. “Council” means the council on health and human services.
5. “County of residence” means the same as defined in
section 331.394.
6. “Department” means the Iowa department of public health
and human services.
7. “Director” means the director of the Iowa department of
public health and human services.
8. “Facility” means an institution, a detoxification center,
-41-or an installation providing care, maintenance and treatment
for persons with substance-related disorders a substance use
disorder licensed by the department under section 125.13,
hospitals licensed under chapter 135B, or the state mental
health institutes designated by chapter 226.
9. “Incapacitated by a chemical substance” means that a
person, as a result of the use of a chemical substance, is
unconscious or has the person’s judgment otherwise so impaired
that the person is incapable of realizing and making a rational
decision with respect to the need for treatment.
10. “Incompetent person” means a person who has been
adjudged incompetent by a court of law.
11. “Interested person” means a person who, in the
discretion of the court, is legitimately concerned that a
respondent receive substance abuse use disorder treatment
services.
12. “Magistrate” means the same as defined in section 801.4,
subsection 10.
13. “Mental health professional” means the same as defined
in section 228.1.
14. “Psychiatric advanced registered nurse practitioner”
means an individual currently licensed as a registered nurse
under chapter 152 or 152E who holds a national certification in
psychiatric mental health care and who is licensed by the board
of nursing as an advanced registered nurse practitioner.
15. “Respondent” means a person against whom an application
is filed under section 125.75.
16. “Substance-related disorder” “Substance use disorder”
means a diagnosable substance abuse use disorder of sufficient
duration to meet diagnostic criteria specified within the most
current diagnostic and statistical manual of mental disorders
published by the American psychiatric association that results
in a functional impairment.
Sec. 80. Section 125.3, Code 2023, is amended to read as
follows:
-42- 125.3 Substance abuse use disorder program established.
The Iowa department of public health shall develop,
implement, and administer a comprehensive substance abuse use
disorder program pursuant to sections 125.1 and 125.2, this
section, and sections 125.7, 125.9, 125.10, 125.12 through
125.21, 125.25, 125.32 through 125.34, and 125.37 through
125.43.
Sec. 81. Section 125.7, Code 2023, is amended to read as
follows:
125.7 Duties of the board council.
The board council shall:
1. Approve the comprehensive substance abuse use disorder
program, developed by the department pursuant to sections 125.1
through 125.3, this section, and sections 125.9, 125.10, 125.12
through 125.21, 125.25, 125.32 through 125.34, and 125.37
through 125.43.
2. Advise the department on policies governing the
performance of the department in the discharge of any duties
imposed on the department by law.
3. Advise or make recommendations to the governor and the
general assembly relative to substance abuse use disorder
treatment, intervention, education, and prevention programs in
this state.
4. Adopt rules for subsections 1 and 6 and review other
rules necessary to carry out the provisions of this chapter,
subject to review in accordance with chapter 17A.
5. Investigate the work of the department relating to
substance abuse use disorder, and for this purpose the board
council shall have access at any time to all books, papers,
documents, and records of the department.
6. Consider and approve or disapprove all applications
for a license and all cases involving the renewal, denial,
suspension, or revocation of a license.
7. Act as the appeal board regarding funding decisions made
by the department.
-43- Sec. 82. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
2023, are amended to read as follows:
1. Plan, establish and maintain treatment, intervention,
education, and prevention programs as necessary or desirable in
accordance with the comprehensive substance abuse use disorder
program.
2. Make contracts necessary or incidental to the
performance of the duties and the execution of the powers
of the director, including contracts with public and
private agencies, organizations and individuals to pay
them for services rendered or furnished to persons with
substance-related disorders a substance use disorder.
4. Coordinate the activities of the department and
cooperate with substance abuse use disorder programs in
this and other states, and make contracts and other joint or
cooperative arrangements with state, local or private agencies
in this and other states for the treatment of persons with
substance-related disorders a substance use disorder and
for the common advancement of substance abuse use disorder
programs.
5. Require that a written report, in reasonable detail, be
submitted to the director at any time by any agency of this
state or of any of its political subdivisions in respect to any
substance abuse use disorder prevention function, or program
for the benefit of persons who are or have been involved in
substance abuse use disorder, which is being conducted by the
agency.
6. Submit to the governor a written report of the
pertinent facts at any time the director concludes that any
agency of this state or of any of its political subdivisions
is conducting any substance abuse use disorder prevention
function, or program for the benefit of persons who are or have
been involved in substance abuse use disorder in a manner not
consistent with or which impairs achievement of the objectives
of the state plan to combat substance abuse use disorder, and
-44-has failed to effect appropriate changes in the function or
program.
Sec. 83. Section 125.10, Code 2023, is amended to read as
follows:
125.10 Duties of director.
The director shall:
1. Prepare and submit a state plan subject to approval by
the board council and in accordance with 42 U.S.C. §300x-21 et
seq. The state plan shall designate the department as the sole
agency for supervising the administration of the plan.
2. Develop, encourage, and foster statewide, regional,
and local plans and programs for the prevention of substance
misuse use disorder and the treatment of persons with
substance-related disorders a substance use disorder in
cooperation with public and private agencies, organizations and
individuals, and provide technical assistance and consultation
services for these purposes.
3. Coordinate the efforts and enlist the assistance of all
public and private agencies, organizations, and individuals
interested in the prevention of substance misuse use disorder
and the treatment of persons with substance-related disorders a
substance use disorder. The director’s actions to implement
this subsection shall also address the treatment needs of
persons who have a mental illness, an intellectual disability,
brain injury, or other co-occurring condition in addition to a
substance-related substance use disorder.
4. Cooperate with the department of human services and
the Iowa department of public health in establishing and
conducting programs to provide treatment for persons with
substance-related disorders a substance use disorder.
5. Cooperate with the department of education, boards
of education, schools, police departments, courts, and other
public and private agencies, organizations, and individuals
in establishing programs for the prevention of substance
misuse use disorder and the treatment of persons with
-45-substance-related disorders a substance use disorder, and in
preparing relevant curriculum materials for use at all levels
of school education.
6. Prepare, publish, evaluate and disseminate educational
material dealing with the nature and effects of chemical
substances.
7. Develop and implement, as an integral part of treatment
programs, an educational program for use in the treatment
of persons with substance-related disorders a substance use
disorder, which program shall include the dissemination of
information concerning the nature and effects of substances.
8. Organize and implement, in cooperation with local
treatment programs, training programs for all persons engaged
in treatment of persons with substance-related disorders a
substance use disorder.
9. Sponsor and implement research in cooperation with
local treatment programs into the causes and nature of
substance misuse use disorder and treatment of persons with
substance-related disorders a substance use disorder, and serve
as a clearing house for information relating to substance
misuse use disorder.
10. Specify uniform methods for keeping statistical
information by public and private agencies, organizations,
and individuals, and collect and make available relevant
statistical information, including number of persons treated,
frequency of admission and readmission, and frequency and
duration of treatment.
11. Develop and implement, with the counsel and approval
of the board council, the comprehensive plan for treatment
of persons with substance-related disorders a substance use
disorder in accordance with this chapter.
12. Assist in the development of, and cooperate with,
substance abuse use disorder education and treatment programs
for employees of state and local governments and businesses and
industries in the state.
-46- 13. Utilize the support and assistance of interested
persons in the community, particularly persons who are
recovering from substance-related disorders a substance use
disorder to encourage persons with substance-related disorders
a substance use disorder to voluntarily undergo treatment.
14. Cooperate with the commissioner of public safety in
establishing and conducting programs designed to deal with the
problem of persons operating motor vehicles while intoxicated.
15. Encourage general hospitals and other appropriate
health facilities to admit without discrimination persons
with substance-related disorders a substance use disorder
and to provide them with adequate and appropriate treatment.
The director may negotiate and implement contracts with
hospitals and other appropriate health facilities with adequate
detoxification facilities.
16. Encourage all health and disability insurance programs
to include substance-related substance use disorders as covered
illnesses.
17. Review all state health, welfare, education and
treatment proposals to be submitted for federal funding under
federal legislation, and advise the governor on provisions
to be included relating to substance misuse use disorder and
persons with substance-related disorders a substance use
disorder.
Sec. 84. Section 125.12, subsections 1 and 3, Code 2023, are
amended to read as follows:
1. The board council shall review the comprehensive
substance abuse use disorder program implemented by the
department for the treatment of persons with substance-related
disorders a substance use disorder and concerned family
members. Subject to the review of the board council, the
director shall divide the state into appropriate regions
for the conduct of the program and establish standards for
the development of the program on the regional level. In
establishing the regions, consideration shall be given to city
-47-and county lines, population concentrations, and existing
substance abuse use disorder treatment services.
3. The director shall provide for adequate and appropriate
treatment for persons with substance-related disorders a
substance use disorder and concerned family members admitted
under sections 125.33 and 125.34, or under section 125.75,
125.81, or 125.91. Treatment shall not be provided at a
correctional institution except for inmates. A mental health
professional who is employed by a treatment provider under the
program may provide treatment to a person with co-occurring
substance-related substance use and mental health disorders.
Such treatment may also be provided by a person employed by
such a treatment provider who is receiving the supervision
required to meet the definition of mental health professional
but has not completed the supervision component.
Sec. 85. Section 125.13, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Except as provided in subsection 2, a person shall not
maintain or conduct any chemical substitutes or antagonists
program, residential program, or nonresidential outpatient
program, the primary purpose of which is the treatment and
rehabilitation of persons with substance-related disorders a
substance use disorder without having first obtained a written
license for the program from the department.
Sec. 86. Section 125.13, subsection 2, paragraphs a, b, c,
f, i, and j, Code 2023, are amended to read as follows:
a. A hospital providing care or treatment to persons
with substance-related disorders a substance use disorder
licensed under chapter 135B which is accredited by the joint
commission on the accreditation of health care organizations,
the commission on accreditation of rehabilitation facilities,
the American osteopathic association, or another recognized
organization approved by the board council. All survey reports
from the accrediting or licensing body must be sent to the
department.
-48- b. Any practitioner of medicine and surgery or osteopathic
medicine and surgery, in the practitioner’s private practice.
However, a program shall not be exempted from licensing by the
board council by virtue of its utilization of the services of a
medical practitioner in its operation.
c. Private institutions conducted by and for persons who
adhere to the faith of any well recognized church or religious
denomination for the purpose of providing care, treatment,
counseling, or rehabilitation to persons with substance-related
disorders a substance use disorder and who rely solely on
prayer or other spiritual means for healing in the practice of
religion of such church or denomination.
f. Individuals in private practice who are providing
substance abuse use disorder treatment services independent
from a program that is required to be licensed under subsection
1.
i. A substance abuse use disorder treatment program not
funded by the department which is accredited or licensed
by the joint commission on the accreditation of health
care organizations, the commission on the accreditation
of rehabilitation facilities, the American osteopathic
association, or another recognized organization approved by
the board council. All survey reports from the accrediting or
licensing body must be sent to the department.
j. A hospital substance abuse use disorder treatment program
that is accredited or licensed by the joint commission on the
accreditation of health care organizations, the commission on
the accreditation of rehabilitation facilities, the American
osteopathic association, or another recognized organization
approved by the board council. All survey reports for the
hospital substance abuse use disorder treatment program
from the accrediting or licensing body shall be sent to the
department.
Sec. 87. Section 125.14, Code 2023, is amended to read as
follows:
-49- 125.14 Licenses — renewal — fees.
The board council shall consider all cases involving initial
issuance, and renewal, denial, suspension, or revocation
of a license. The department shall issue a license to an
applicant whom the board council determines meets the licensing
requirements of this chapter. Licenses shall expire no
later than three years from the date of issuance and shall be
renewed upon timely application made in the same manner as
for initial issuance of a license unless notice of nonrenewal
is given to the licensee at least thirty days prior to the
expiration of the license. The department shall not charge a
fee for licensing or renewal of programs contracting with the
department for provision of treatment services. A fee may be
charged to other licensees.
Sec. 88. Section 125.14A, Code 2023, is amended to read as
follows:
125.14A Personnel of a licensed program admitting juveniles.
1. If a person is being considered for licensure under this
chapter, or for employment involving direct responsibility for
a child or with access to a child when the child is alone, by
a program admitting juveniles subject to licensure under this
chapter, or if a person will reside in a facility utilized
by such a program, and if the person has been convicted of
a crime or has a record of founded child abuse, the record
check evaluation system of the department of human services
and the program, for an employee of the program, shall perform
an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment, or
residence in the facility. The department of human services
record check evaluation system shall conduct criminal and
child abuse record checks in this state and may conduct these
checks in other states. The evaluation shall be performed in
accordance with procedures adopted for this purpose by the
department of human services.
2. If the department of human services record check
-50-evaluation system determines that a person has committed a
crime or has a record of founded child abuse and is licensed,
employed by a program licensed under this chapter, or resides
in a licensed facility the department record check evaluation
system shall notify the program that an evaluation will be
conducted to determine whether prohibition of the person’s
licensure, employment, or residence is warranted.
3. In an evaluation, the department of human services
record check evaluation system and the program for an employee
of the program shall consider the nature and seriousness of
the crime or founded child abuse in relation to the position
sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which
the crime or founded child abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the
crime or founded child abuse again, and the number of crimes
or founded child abuses committed by the person involved. The
department of human services record check evaluation system
may permit a person who is evaluated to be licensed, employed,
or to reside, or to continue to be licensed, employed, or
to reside in a program, if the person complies with the
department’s record check evaluation system’s conditions
relating to the person’s licensure, employment, or residence,
which may include completion of additional training. For an
employee of a licensee, these conditional requirements shall
be developed with the licensee. The department of human
services record check evaluation system has final authority
in determining whether prohibition of the person’s licensure,
employment, or residence is warranted and in developing any
conditional requirements under this subsection.
4. If the department of human services record check
evaluation system determines that the person has committed a
crime or has a record of founded child abuse which warrants
prohibition of licensure, employment, or residence, the person
shall not be licensed under this chapter to operate a program
-51-admitting juveniles and shall not be employed by a program or
reside in a facility admitting juveniles licensed under this
chapter.
5. In addition to the record checks required under this
section, the department of human services record check
evaluation system may conduct dependent adult abuse record
checks in this state and may conduct these checks in other
states, on a random basis. The provisions of this section,
relative to an evaluation following a determination that a
person has been convicted of a crime or has a record of founded
child abuse, shall also apply to a random check conducted under
this subsection.
6. Beginning July 1, 1994, a A program or facility shall
inform all new applicants for employment of the possibility
of the performance of a record check and shall obtain, from
the applicant, a signed acknowledgment of the receipt of the
information.
7. On or after July 1, 1994, a A program or facility shall
include the following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
Sec. 89. Section 125.15, Code 2023, is amended to read as
follows:
125.15 Inspections.
The department may inspect the facilities and review the
procedures utilized by any chemical substitutes or antagonists
program, residential program, or nonresidential outpatient
program that has as a primary purpose the treatment and
rehabilitation of persons with substance-related disorders a
substance use disorder, for the purpose of ensuring compliance
with this chapter and the rules adopted pursuant to this
chapter. The examination and review may include case record
audits and interviews with staff and patients, consistent with
the confidentiality safeguards of state and federal law.
-52- Sec. 90. Section 125.15A, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department may place an employee or agent to serve as a
monitor in a licensed substance abuse use disorder treatment
program or may petition the court for appointment of a receiver
for a program when any of the following conditions exist:
Sec. 91. Section 125.15A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The board council has suspended, revoked, or refused to
renew the existing license of the program.
Sec. 92. Section 125.16, Code 2023, is amended to read as
follows:
125.16 Transfer of license or change of location prohibited.
A license issued under this chapter may not be transferred,
and the location of the physical facilities occupied or
utilized by any program licensed under this chapter shall not
be changed without the prior written consent of the board
council.
Sec. 93. Section 125.17, Code 2023, is amended to read as
follows:
125.17 License suspension or revocation.
Violation of any of the requirements or restrictions of
this chapter or of any of the rules adopted pursuant to this
chapter is cause for suspension, revocation, or refusal to
renew a license. The director shall at the earliest time
feasible notify a licensee whose license the board council
is considering suspending or revoking and shall inform the
licensee what changes must be made in the licensee’s operation
to avoid such action. The licensee shall be given a reasonable
time for compliance, as determined by the director, after
receiving such notice or a notice that the board council does
not intend to renew the license. When the licensee believes
compliance has been achieved, or if the licensee considers
the proposed suspension, revocation, or refusal to renew
unjustified, the licensee may submit pertinent information to
-53-the board council and the board council shall expeditiously
make a decision in the matter and notify the licensee of the
decision.
Sec. 94. Section 125.18, Code 2023, is amended to read as
follows:
125.18 Hearing before board council.
If a licensee under this chapter makes a written request
for a hearing within thirty days of suspension, revocation,
or refusal to renew a license, a hearing before the board
council shall be expeditiously arranged by the department of
inspections and appeals whose decision is subject to review by
the board council. The board council shall issue a written
statement of the board’s council’s findings within thirty days
after conclusion of the hearing upholding or reversing the
proposed suspension, revocation, or refusal to renew a license.
Action involving suspension, revocation, or refusal to renew a
license shall not be taken by the board council unless a quorum
is present at the meeting. A copy of the board’s council’s
decision shall be promptly transmitted to the affected licensee
who may, if aggrieved by the decision, seek judicial review of
the actions of the board council in accordance with the terms
of chapter 17A.
Sec. 95. Section 125.19, Code 2023, is amended to read as
follows:
125.19 Reissuance or reinstatement.
After suspension, revocation, or refusal to renew a license
pursuant to this chapter, the affected licensee shall not have
the license reissued or reinstated within one year of the
effective date of the suspension, revocation, or expiration
upon refusal to renew, unless the board council orders
otherwise. After that time, proof of compliance with the
requirements and restrictions of this chapter and the rules
adopted pursuant to this chapter must be presented to the board
council prior to reinstatement or reissuance of a license.
Sec. 96. Section 125.20, Code 2023, is amended to read as
-54-follows:
125.20 Rules.
The department shall establish rules pursuant to chapter
17A requiring facilities to use reasonable accounting and
reimbursement systems which recognize relevant cost-related
factors for patients with a substance abuse patients use
disorder. A facility shall not be licensed nor shall any
payment be made under this chapter to a facility which fails
to comply with those rules or which does not permit inspection
by the department or examination of all records, including
financial records, methods of administration, general and
special dietary programs, the disbursement of drugs and methods
of supply, and any other records the department deems relevant
to the establishment of such a system. However, rules issued
pursuant to this paragraph shall not apply to any facility
referred to in section 125.13, subsection 2 or section 125.43.
Sec. 97. Section 125.21, subsection 1, Code 2023, is amended
to read as follows:
1. The board council has exclusive power in this state
to approve and license chemical substitutes and antagonists
programs, and to monitor chemical substitutes and antagonists
programs to ensure that the programs are operating within the
rules adopted pursuant to this chapter. The board council
shall grant approval and license if the requirements of the
rules are met and state funding is not requested. The chemical
substitutes and antagonists programs conducted by persons
exempt from the licensing requirements of this chapter pursuant
to section 125.13, subsection 2, are subject to approval and
licensure under this section.
Sec. 98. Section 125.25, subsection 1, Code 2023, is amended
to read as follows:
1. Before making any allocation of funds to a local
substance abuse use disorder program, the department shall
require a detailed line item budget clearly indicating the
funds received from each revenue source for the fiscal year
-55-for which the funds are requested on forms provided by the
department for each program.
Sec. 99. Section 125.32, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The department shall adopt and may amend and repeal rules
for acceptance of persons into the treatment program, subject
to chapter 17A, considering available treatment resources and
facilities, for the purpose of early and effective treatment
of persons with substance-related disorders a substance
use disorder and concerned family members. In establishing
the rules the department shall be guided by the following
standards:
Sec. 100. Section 125.32A, Code 2023, is amended to read as
follows:
125.32A Discrimination prohibited.
Any substance abuse use disorder treatment program receiving
state funding under this chapter or any other chapter of the
Code shall not discriminate against a person seeking treatment
solely because the person is pregnant, unless the program
in each instance identifies and refers the person to an
alternative and acceptable treatment program for the person.
Sec. 101. Section 125.33, Code 2023, is amended to read as
follows:
125.33 Voluntary treatment of persons with substance-related
disorders a substance use disorder.
1. A person with a substance-related substance use
disorder may apply for voluntary treatment or rehabilitation
services directly to a facility or to a licensed physician and
surgeon or osteopathic physician and surgeon or to a mental
health professional. If the proposed patient is a minor or
an incompetent person, a parent, a legal guardian or other
legal representative may make the application. The licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or any employee or person acting
under the direction or supervision of the physician and
-56-surgeon or osteopathic physician and surgeon, mental health
professional, or facility shall not report or disclose the
name of the person or the fact that treatment was requested
or has been undertaken to any law enforcement officer or law
enforcement agency; nor shall such information be admissible as
evidence in any court, grand jury, or administrative proceeding
unless authorized by the person seeking treatment. If the
person seeking such treatment or rehabilitation is a minor who
has personally made application for treatment, the fact that
the minor sought treatment or rehabilitation or is receiving
treatment or rehabilitation services shall not be reported
or disclosed to the parents or legal guardian of such minor
without the minor’s consent, and the minor may give legal
consent to receive such treatment and rehabilitation.
2. Subject to rules adopted by the department, the
administrator or the administrator’s designee in charge of a
facility may determine who shall be admitted for treatment
or rehabilitation. If a person is refused admission, the
administrator or the administrator’s designee, subject to rules
adopted by the department, shall refer the person to another
facility for treatment if possible and appropriate.
3. A person with a substance-related substance use
disorder seeking treatment or rehabilitation and who is
either addicted to or dependent on a chemical substance may
first be examined and evaluated by a licensed physician and
surgeon or osteopathic physician and surgeon or a mental health
professional who may prescribe, if authorized or licensed
to do so, a proper course of treatment and medication, if
needed. The licensed physician and surgeon or osteopathic
physician and surgeon or mental health professional may further
prescribe a course of treatment or rehabilitation and authorize
another licensed physician and surgeon or osteopathic physician
and surgeon, mental health professional, or facility to
provide the prescribed treatment or rehabilitation services.
Treatment or rehabilitation services may be provided to a
-57-person individually or in a group. A facility providing or
engaging in treatment or rehabilitation shall not report or
disclose to a law enforcement officer or law enforcement
agency the name of any person receiving or engaged in the
treatment or rehabilitation; nor shall a person receiving or
participating in treatment or rehabilitation report or disclose
the name of any other person engaged in or receiving treatment
or rehabilitation or that the program is in existence, to
a law enforcement officer or law enforcement agency. Such
information shall not be admitted in evidence in any court,
grand jury, or administrative proceeding. However, a person
engaged in or receiving treatment or rehabilitation may
authorize the disclosure of the person’s name and individual
participation.
4. If a patient receiving inpatient or residential care
leaves a facility, the patient shall be encouraged to consent
to appropriate outpatient or halfway house treatment. If it
appears to the administrator in charge of the facility that
the patient is a person with a substance-related substance
use disorder who requires help, the director may arrange for
assistance in obtaining supportive services.
5. If a patient leaves a facility, with or against the
advice of the administrator in charge of the facility, the
director may make reasonable provisions for the patient’s
transportation to another facility or to the patient’s home.
If the patient has no home the patient shall be assisted in
obtaining shelter. If the patient is a minor or an incompetent
person, the request for discharge from an inpatient facility
shall be made by a parent, legal guardian, or other legal
representative, or by the minor or incompetent person if the
patient was the original applicant.
6. Any person who reports or discloses the name of a
person receiving treatment or rehabilitation services to a
law enforcement officer or law enforcement agency or any
person receiving treatment or rehabilitation services who
-58-discloses the name of any other person receiving treatment or
rehabilitation services without the written consent of the
person in violation of the provisions of this section shall
upon conviction be guilty of a simple misdemeanor.
Sec. 102. Section 125.34, Code 2023, is amended to read as
follows:
125.34 Treatment and services for persons with
substance-related disorders a substance use disorder due to
intoxication and substance-induced incapacitation.
1. A person with a substance-related substance use disorder
due to intoxication or substance-induced incapacitation may
come voluntarily to a facility for emergency treatment. A
person who appears to be intoxicated or incapacitated by a
substance in a public place and in need of help may be taken
to a facility by a peace officer under section 125.91. If
the person refuses the proffered help, the person may be
arrested and charged with intoxication under section 123.46,
if applicable.
2. If no facility is readily available the person may
be taken to an emergency medical service customarily used
for incapacitated persons. The peace officer in detaining
the person and in taking the person to a facility shall make
every reasonable effort to protect the person’s health and
safety. In detaining the person the detaining officer may take
reasonable steps for self-protection. Detaining a person under
section 125.91 is not an arrest and no entry or other record
shall be made to indicate that the person who is detained has
been arrested or charged with a crime.
3. A person who arrives at a facility and voluntarily
submits to examination shall be examined by a licensed
physician and surgeon or osteopathic physician and surgeon or
mental health professional as soon as possible after the person
arrives at the facility. The person may then be admitted as a
patient or referred to another health facility. The referring
facility shall arrange for transportation.
-59- 4. If a person is voluntarily admitted to a facility, the
person’s family or next of kin shall be notified as promptly
as possible. If an adult patient who is not incapacitated
requests that there be no notification, the request shall be
respected.
5. A peace officer who acts in compliance with this section
is acting in the course of the officer’s official duty and is
not criminally or civilly liable therefor for such acts, unless
such acts constitute willful malice or abuse.
6. If the physician and surgeon or osteopathic physician
and surgeon in charge of the facility determines it is for the
patient’s benefit, the patient shall be encouraged to agree to
further diagnosis and appropriate voluntary treatment.
7. A licensed physician and surgeon or osteopathic
physician and surgeon, mental health professional, facility
administrator, or an employee or a person acting as or on
behalf of the facility administrator, is not criminally or
civilly liable for acts in conformity with this chapter, unless
the acts constitute willful malice or abuse.
Sec. 103. Section 125.37, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding subsection 1, the director may make
available information from patients’ records for purposes of
research into the causes and treatment of substance abuse use
disorder. Information under this subsection shall not be
published in a way that discloses patients’ names or other
identifying information.
Sec. 104. Section 125.39, Code 2023, is amended to read as
follows:
125.39 Eligible entities.
A local governmental unit which is providing funds to a
facility for treatment of substance abuse use disorder may
request from the facility a treatment program plan prior to
authorizing payment of any claims filed by the facility. The
governing body of the local governmental unit may review the
-60-plan, but shall not impose on the facility any requirement
conflicting with the comprehensive treatment program of the
facility.
Sec. 105. Section 125.43, Code 2023, is amended to read as
follows:
125.43 Funding at mental health institutes.
Chapter 230 governs the determination of the costs
and payment for treatment provided to persons with
substance-related disorders a substance use disorderin a
mental health institute under the department of human services,
except that the charges are not a lien on real estate owned
by persons legally liable for support of the person with a
substance-related substance use disorder and the daily per diem
shall be billed at twenty-five percent. The superintendent of
a state hospital mental health institute shall total only those
expenditures which can be attributed to the cost of providing
inpatient treatment to persons with substance-related disorders
a substance use disorder for purposes of determining the daily
per diem. Section 125.44 governs the determination of who is
legally liable for the cost of care, maintenance, and treatment
of a person with a substance-related substance use disorder and
of the amount for which the person is liable.
Sec. 106. Section 125.43A, Code 2023, is amended to read as
follows:
125.43A Prescreening — exception.
Except in cases of medical emergency or court-ordered
admissions, a person shall be admitted to a state mental health
institute for treatment of a substance-related substance use
disorder only after a preliminary intake and assessment by a
department-licensed treatment facility or a hospital providing
care or treatment for persons with substance-related disorders
a substance use disorder licensed under chapter 135B and
accredited by the joint commission on the accreditation of
health care organizations, the commission on accreditation
of rehabilitation facilities, the American osteopathic
-61-association, or another recognized organization approved by
the board council, or by a designee of a department-licensed
treatment facility or a hospital other than a state mental
health institute, which confirms that the admission is
appropriate to the person’s substance-related substance use
disorder service needs. A county board of supervisors may seek
an admission of a patient to a state mental health institute
who has not been confirmed for appropriate admission and the
county shall be responsible for one hundred percent of the cost
of treatment and services of the patient.
Sec. 107. Section 125.44, Code 2023, is amended to read as
follows:
125.44 Agreements with facilities — liability for costs.
1. The director may, consistent with the comprehensive
substance abuse use disorder program, enter into written
agreements with a facility as defined in section 125.2 to pay
for one hundred percent of the cost of the care, maintenance,
and treatment of persons with substance-related disorders a
substance use disorder, except when section 125.43A applies.
All payments for state patients shall be made in accordance
with the limitations of this section. Such contracts shall be
for a period of no more than one year.
2. The contract may be in the form and contain provisions
as agreed upon by the parties. The contract shall provide
that the facility shall admit and treat persons with
substance-related disorders a substance use disorder regardless
of where they have residence. If one payment for care,
maintenance, and treatment is not made by the patient or
those legally liable for the patient, the payment shall be
made by the department directly to the facility. Payments
shall be made each month and shall be based upon the rate of
payment for services negotiated between the department and the
contracting facility. If a facility projects a temporary cash
flow deficit, the department may make cash advances at the
beginning of each fiscal year to the facility. The repayment
-62-schedule for advances shall be part of the contract between the
department and the facility. This section does not pertain to
patients treated at the mental health institutes.
3. If the appropriation to the department is insufficient
to meet the requirements of this section, the department shall
request a transfer of funds and section 8.39 shall apply.
4. The person with a substance-related substance use
disorder is legally liable to the facility for the total amount
of the cost of providing care, maintenance, and treatment for
the person with a substance-related substance use disorder
while a voluntary or committed patient in a facility. This
section does not prohibit any individual from paying any
portion of the cost of treatment.
5. The department is liable for the cost of care, treatment,
and maintenance of persons with substance-related disorders a
substance use disorder admitted to the facility voluntarily or
pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
or 124.409 only to those facilities that have a contract with
the department under this section, only for the amount computed
according to and within the limits of liability prescribed by
this section, and only when the person with a substance-related
substance use disorder is unable to pay the costs and there is
no other person, firm, corporation, or insurance company bound
to pay the costs.
6. The department’s maximum liability for the costs of care,
treatment, and maintenance of persons with substance-related
disorders a substance use disorder in a contracting facility
is limited to the total amount agreed upon by the parties and
specified in the contract under this section.
Sec. 108. Section 125.46, Code 2023, is amended to read as
follows:
125.46 County of residence determined.
The facility shall, when a person with a substance-related
substance use disorder is admitted, or as soon thereafter as
it receives the proper information, determine and enter upon
-63-its records the Iowa county of residence of the person with a
substance-related substance use disorder, or that the person
resides in some other state or country, or that the person is
unclassified with respect to residence.
Sec. 109. Section 125.55, Code 2023, is amended to read as
follows:
125.55 Audits.
All licensed substance abuse use disorder programs are
subject to annual audit either by the auditor of state or in
lieu of an audit by the auditor of state the substance abuse
use disorder program may contract with or employ certified
public accountants to conduct the audit, in accordance with
sections 11.6, 11.14, and 11.19. The audit format shall be
as prescribed by the auditor of state. The certified public
accountant shall submit a copy of the audit to the director. A
licensed substance abuse use disorder program is also subject
to special audits as the director requests. The licensed
substance abuse use disorder program or the department shall
pay all expenses incurred by the auditor of state in conducting
an audit under this section.
Sec. 110. Section 125.58, Code 2023, is amended to read as
follows:
125.58 Inspection — penalties.
1. If the department has probable cause to believe that
an institution, place, building, or agency not licensed as
a substance abuse use disorder treatment and rehabilitation
facility is in fact a substance abuse use disorder treatment
and rehabilitation facility as defined by this chapter, and
is not exempt from licensing by section 125.13, subsection 2,
the board council may order an inspection of the institution,
place, building, or agency. If the inspector upon presenting
proper identification is denied entry for the purpose of making
the inspection, the inspector may, with the assistance of
the county attorney of the county in which the premises are
located, apply to the district court for an order requiring
-64-the owner or occupant to permit entry and inspection of the
premises to determine whether there have been violations
of this chapter. The investigation may include review of
records, reports, and documents maintained by the facility
and interviews with staff members consistent with the
confidentiality safeguards of state and federal law.
2. A person establishing, conducting, managing, or
operating a substance abuse use disorder treatment and
rehabilitation facility without a license is guilty of a
serious misdemeanor. Each day of continued violation after
conviction or notice from the department by certified mail of a
violation shall be considered a separate offense or chargeable
offense. A person establishing, conducting, managing or
operating a substance abuse use disorder treatment and
rehabilitation facility without a license may be temporarily
or permanently restrained therefrom by a court of competent
jurisdiction in an action brought by the state.
3. Notwithstanding the existence or pursuit of any other
remedy, the department may, in the manner provided by law,
maintain an action in the name of the state for injunction or
other process against a person or governmental unit to restrain
or prevent the establishment, conduct, management or operation
of a substance abuse use disorder treatment and rehabilitation
facility without a license.
Sec. 111. Section 125.59, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Of these funds, notwithstanding section 125.13, subsection
1, one-half of the transferred amount shall be used for grants
to counties operating a substance abuse use disorder program
involving only education, prevention, referral or posttreatment
services, either with the counties’ own employees or by
contract with a nonprofit corporation. The grants shall not
annually exceed ten thousand dollars to any one county, subject
to the following conditions:
-65- Sec. 112. Section 125.59, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If the transferred amount for this subsection exceeds
grant requests funded to the ten thousand dollar maximum,
the department of public health may use the remainder for
activities and public information resources that align with
best practices for substance-related substance use disorder
prevention or to increase grants pursuant to subsection 2.
Sec. 113. Section 125.75, subsection 1, Code 2023, is
amended to read as follows:
1. Proceedings for the involuntary commitment or treatment
of a person with a substance-related substance use disorder
to a facility pursuant to this chapter or for the involuntary
hospitalization of a person pursuant to chapter 229 may
be commenced by any interested person by filing a verified
application with the clerk of the district court of the
county where the respondent is presently located or which
is the respondent’s place of residence. The clerk or the
clerk’s designee shall assist the applicant in completing the
application.
Sec. 114. Section 125.75, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) A substance-related substance use disorder as defined
in section 125.2.
Sec. 115. Section 125.80, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. If the report of a court-designated licensed physician
and surgeon or osteopathic physician and surgeon or mental
health professional is to the effect that the respondent is
not a person with a substance-related substance use disorder,
the court, without taking further action, shall terminate the
proceeding and dismiss the application on its own motion and
without notice.
4. If the report of a court-designated licensed physician
and surgeon or osteopathic physician and surgeon or mental
-66-health professional is to the effect that the respondent is a
person with a substance-related substance use disorder, the
court shall schedule a commitment hearing as soon as possible.
The hearing shall be held not more than forty-eight hours
after the report is filed, excluding Saturdays, Sundays, and
holidays, unless an extension for good cause is requested
by the respondent, or as soon thereafter as possible if the
court considers that sufficient grounds exist for delaying the
hearing.
Sec. 116. Section 125.81, subsection 1, Code 2023, is
amended to read as follows:
1. If a person filing an application requests that a
respondent be taken into immediate custody, and the court upon
reviewing the application and accompanying documentation, finds
probable cause to believe that the respondent is a person with
a substance-related substance use disorder who is likely to
injure the person or other persons if allowed to remain at
liberty, the court may enter a written order directing that
the respondent be taken into immediate custody by the sheriff,
and be detained until the commitment hearing, which shall
be held no more than five days after the date of the order,
except that if the fifth day after the date of the order is
a Saturday, Sunday, or a holiday, the hearing may be held on
the next business day. The court may order the respondent
detained for the period of time until the hearing is held, and
no longer except as provided in section 125.88, in accordance
with subsection 2, paragraph “a”, if possible, and if not, then
in accordance with subsection 2, paragraph “b”, or, only if
neither of these alternatives is available in accordance with
subsection 2, paragraph “c”.
Sec. 117. Section 125.81, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. In the nearest facility which is licensed to care for
persons with mental illness or substance abuse use disorder,
provided that detention in a jail or other facility intended
-67-for confinement of those accused or convicted of a crime shall
not be ordered.
Sec. 118. Section 125.82, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. The person who filed the application and a licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or certified alcohol and drug
counselor certified by the nongovernmental Iowa board of
substance abuse certification who has examined the respondent
in connection with the commitment hearing shall be present
at the hearing, unless the court for good cause finds that
their presence or testimony is not necessary. The applicant,
respondent, and the respondent’s attorney may waive the
presence or telephonic appearance of the licensed physician
and surgeon or osteopathic physician and surgeon, mental
health professional, or certified alcohol and drug counselor
who examined the respondent and agree to submit as evidence
the written report of the licensed physician and surgeon or
osteopathic physician and surgeon, mental health professional,
or certified alcohol and drug counselor. The respondent’s
attorney shall inform the court if the respondent’s attorney
reasonably believes that the respondent, due to diminished
capacity, cannot make an adequately considered waiver decision.
“Good cause” for finding that the testimony of the licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or certified alcohol and drug
counselor who examined the respondent is not necessary may
include, but is not limited to, such a waiver. If the court
determines that the testimony of the licensed physician and
surgeon or osteopathic physician and surgeon, mental health
professional, or certified alcohol and drug counselor is
necessary, the court may allow the licensed physician and
surgeon or osteopathic physician and surgeon, mental health
professional, or certified alcohol and drug counselor to
testify by telephone. The respondent shall be present at the
-68-hearing unless prior to the hearing the respondent’s attorney
stipulates in writing that the attorney has conversed with the
respondent, and that in the attorney’s judgment the respondent
cannot make a meaningful contribution to the hearing, or that
the respondent has waived the right to be present, and the
basis for the attorney’s conclusions. A stipulation to the
respondent’s absence shall be reviewed by the court before the
hearing, and may be rejected if it appears that insufficient
grounds are stated or that the respondent’s interests would not
be served by the respondent’s absence.
4. The respondent’s welfare is paramount, and the hearing
shall be tried as a civil matter and conducted in as informal a
manner as is consistent with orderly procedure. The hearing
may be held by video conference at the discretion of the
court. Discovery as permitted under the Iowa rules of civil
procedure is available to the respondent. The court shall
receive all relevant and material evidence, but the court is
not bound by the rules of evidence. A presumption in favor of
the respondent exists, and the burden of evidence and support
of the contentions made in the application shall be upon the
person who filed the application. If upon completion of the
hearing the court finds that the contention that the respondent
is a person with a substance-related substance use disorder has
not been sustained by clear and convincing evidence, the court
shall deny the application and terminate the proceeding.
Sec. 119. Section 125.83, Code 2023, is amended to read as
follows:
125.83 Placement for evaluation.
If upon completion of the commitment hearing, the court
finds that the contention that the respondent is a person with
a substance-related substance use disorder has been sustained
by clear and convincing evidence, the court shall order the
respondent placed at a facility or under the care of a suitable
facility on an outpatient basis as expeditiously as possible
for a complete evaluation and appropriate treatment. The
-69-court shall furnish to the facility at the time of admission
or outpatient placement, a written statement of facts setting
forth the evidence on which the finding is based. The
administrator of the facility shall report to the court no
more than fifteen days after the individual is admitted to or
placed under the care of the facility, which shall include the
chief medical officer’s recommendation concerning treatment
of a substance-related substance use disorder. An extension
of time may be granted for a period not to exceed seven days
upon a showing of good cause. A copy of the report shall be
sent to the respondent’s attorney who may contest the need
for an extension of time if one is requested. If the request
is contested, the court shall make an inquiry as it deems
appropriate and may either order the respondent released
from the facility or grant an extension of time for further
evaluation. If the administrator fails to report to the court
within fifteen days after the individual is admitted to the
facility, and no extension of time has been requested, the
administrator is guilty of contempt and shall be punished
under chapter 665. The court shall order a rehearing on the
application to determine whether the respondent should continue
to be held at the facility.
Sec. 120. Section 125.83A, subsection 1, Code 2023, is
amended to read as follows:
1. If upon completion of the commitment hearing, the court
finds that the contention that the respondent is a person with
a substance-related substance use disorder has been sustained
by clear and convincing evidence, and the court is furnished
evidence that the respondent is eligible for care and treatment
in a facility operated by the United States department of
veterans affairs or another agency of the United States
government and that the facility is willing to receive the
respondent, the court may so order. The respondent, when so
placed in a facility operated by the United States department
of veterans affairs or another agency of the United States
-70-government within or outside of this state, shall be subject to
the rules of the United States department of veterans affairs
or other agency, but shall not lose any procedural rights
afforded the respondent by this chapter. The chief officer
of the facility shall have, with respect to the respondent
so placed, the same powers and duties as the chief medical
officer of a hospital in this state would have in regard to
submission of reports to the court, retention of custody,
transfer, convalescent leave, or discharge. Jurisdiction
is retained in the court to maintain surveillance of the
respondent’s treatment and care, and at any time to inquire
into the respondent’s condition and the need for continued care
and custody.
Sec. 121. Section 125.84, Code 2023, is amended to read as
follows:
125.84 Evaluation report.
The facility administrator’s report to the court of the
chief medical officer’s substance abuse use disorder evaluation
of the respondent shall be made no later than the expiration of
the time specified in section 125.83. At least two copies of
the report shall be filed with the clerk, who shall distribute
the copies in the manner described by section 125.80,
subsection 2. The report shall state one of the four following
alternative findings:
1. That the respondent does not, as of the date of the
report, require further treatment for substance abuse use
disorder. If the report so states, the court shall order the
respondent’s immediate release from involuntary commitment and
terminate the proceedings.
2. That the respondent is a person with a substance-related
substance use disorder who is in need of full-time custody,
care, and treatment in a facility, and is considered likely
to benefit from treatment. If the report so states, the
court shall enter an order which may require the respondent’s
continued placement and commitment to a facility for
-71-appropriate treatment.
3. That the respondent is a person with a substance-related
substance use disorder who is in need of treatment, but does
not require full-time placement in a facility. If the report
so states, the report shall include the chief medical officer’s
recommendation for treatment of the respondent on an outpatient
or other appropriate basis, and the court shall enter an order
which may direct the respondent to submit to the recommended
treatment. The order shall provide that if the respondent
fails or refuses to submit to treatment, as directed by the
court’s order, the court may order that the respondent be
taken into immediate custody as provided by section 125.81
and, following notice and hearing held in accordance with
the procedures of sections 125.77 and 125.82, may order the
respondent treated as a patient requiring full-time custody,
care, and treatment as provided in subsection 2, and may order
the respondent involuntarily committed to a facility.
4. That the respondent is a person with a substance-related
substance use disorder who is in need of treatment, but in
the opinion of the chief medical officer is not responding to
the treatment provided. If the report so states, the report
shall include the facility administrator’s recommendation for
alternative placement, and the court shall enter an order
which may direct the respondent’s transfer to the recommended
placement or to another placement after consultation with the
respondent’s attorney and the facility administrator who made
the report under this subsection.
Sec. 122. Section 125.85, subsection 1, Code 2023, is
amended to read as follows:
1. A respondent committed under section 125.84, subsection
2, shall remain in the custody of a facility for treatment
for a period of thirty days, unless sooner discharged. The
department is not required to pay the cost of any medication or
procedure provided to the respondent during that period which
is not necessary or appropriate to the specific objectives
-72-of detoxification and treatment of substance abuse use
disorder. At the end of the thirty-day period, the respondent
shall be discharged automatically unless the administrator
of the facility, before expiration of the period, obtains a
court order for the respondent’s recommitment pursuant to an
application under section 125.75, for a further period not to
exceed ninety days.
Sec. 123. Section 125.91, Code 2023, is amended to read as
follows:
125.91 Emergency detention.
1. The procedure prescribed by this section shall only
be used for a person with a substance-related substance
use disorder due to intoxication or substance-induced
incapacitation who has threatened, attempted, or inflicted
physical self-harm or harm on another, and is likely to inflict
physical self-harm or harm on another unless immediately
detained, or who is incapacitated by a substance, if an
application has not been filed naming the person as the
respondent pursuant to section 125.75 and the person cannot be
ordered into immediate custody and detained pursuant to section
125.81.
2. a. A peace officer who has reasonable grounds to believe
that the circumstances described in subsection 1 are applicable
may, without a warrant, take or cause that person to be taken
to the nearest available facility referred to in section
125.81, subsection 2, paragraph “b” or “c”. Such a person with
a substance-related substance use disorder due to intoxication
or substance-induced incapacitation who also demonstrates
a significant degree of distress or dysfunction may also
be delivered to a facility by someone other than a peace
officer upon a showing of reasonable grounds. Upon delivery
of the person to a facility under this section, the attending
physician and surgeon or osteopathic physician and surgeon may
order treatment of the person, but only to the extent necessary
to preserve the person’s life or to appropriately control
-73-the person’s behavior if the behavior is likely to result in
physical injury to the person or others if allowed to continue.
The peace officer or other person who delivered the person to
the facility shall describe the circumstances of the matter to
the attending physician and surgeon or osteopathic physician
and surgeon. If the person is a peace officer, the peace
officer may do so either in person or by written report.
b. If the attending physician and surgeon or osteopathic
physician and surgeon has reasonable grounds to believe that
the circumstances in subsection 1 are applicable, the facility
shall have the authority to detain the person for a period of
no longer than twelve hours. Within twelve hours of detaining
a person pursuant to this section, the attending physician
shall communicate with the nearest available magistrate.
c. Once contacted pursuant to paragraph “b”, the magistrate
shall, based upon the circumstances described by the attending
physician and surgeon or osteopathic physician and surgeon,
give the attending physician and surgeon or osteopathic
physician and surgeon oral instructions either directing that
the person be released forthwith, or authorizing the person’s
detention in an appropriate facility. The magistrate may also
give oral instructions and order that the detained person be
transported to an appropriate facility.
d. If the magistrate orders that the person be detained, the
magistrate shall, by the close of business on the next working
day, file a written order with the clerk in the county where it
is anticipated that an application may be filed under section
125.75. The order may be filed by facsimile if necessary. The
order shall state the circumstances under which the person was
taken into custody or otherwise brought to a facility and the
grounds supporting the finding of probable cause to believe
that the person is a person with a substance-related substance
use disorder likely to result in physical injury to the person
or others if not detained. The order shall confirm the oral
order authorizing the person’s detention including any order
-74-given to transport the person to an appropriate facility. The
clerk shall provide a copy of that order to the attending
physician and surgeon or osteopathic physician and surgeon at
the facility to which the person was originally taken, any
subsequent facility to which the person was transported, and
to any law enforcement department or ambulance service that
transported the person pursuant to the magistrate’s order.
3. The attending physician and surgeon or osteopathic
physician and surgeon shall examine and may detain the person
pursuant to the magistrate’s order for a period not to exceed
forty-eight hours from the time the order is dated, excluding
Saturdays, Sundays, and holidays, unless the order is dismissed
by a magistrate. The facility may provide treatment which is
necessary to preserve the person’s life or to appropriately
control the person’s behavior if the behavior is likely to
result in physical injury to the person or others if allowed
to continue or is otherwise deemed medically necessary by
the attending physician and surgeon or osteopathic physician
and surgeon or mental health professional, but shall not
otherwise provide treatment to the person without the person’s
consent. The person shall be discharged from the facility and
released from detention no later than the expiration of the
forty-eight-hour period, unless an application for involuntary
commitment is filed with the clerk pursuant to section 125.75.
The detention of a person by the procedure in this section, and
not in excess of the period of time prescribed by this section,
shall not render the peace officer, attending physician and
surgeon or osteopathic physician and surgeon, or facility
detaining the person liable in a criminal or civil action
for false arrest or false imprisonment if the peace officer,
attending physician and surgeon or osteopathic physician
and surgeon, mental health professional, or facility had
reasonable grounds to believe that the circumstances described
in subsection 1 were applicable.
4. The cost of detention in a facility under the procedure
-75-prescribed in this section shall be paid in the same way as if
the person had been committed to the facility pursuant to an
application filed under section 125.75.
Sec. 124. Section 125.93, Code 2023, is amended to read as
follows:
125.93 Commitment records — confidentiality.
Records of the identity, diagnosis, prognosis, or treatment
of a person which are maintained in connection with the
provision of substance abuse use disorder treatment services
are confidential, consistent with the requirements of section
125.37, and with the federal confidentiality regulations
authorized by the federal Drug Abuse Office and Treatment Act,
42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
U.S.C. §290dd-2. However, such records may be disclosed to an
employee of the department of corrections, if authorized by the
director of the department of corrections, or to an employee
of a judicial district department of correctional services, if
authorized by the director of the judicial district department
of correctional services.
Sec. 125. Section 135.1, Code 2023, is amended to read as
follows:
135.1 Definitions.
For the purposes of chapter 155 and Title IV, subtitle 2,
excluding chapter 146, unless otherwise defined:
1. “Director” shall mean means the director of public health
and human services.
2. “Health officer” means the physician, physician
assistant, advanced registered nurse practitioner, or advanced
practice registered nurse who is the health officer of the
local board of health.
3. “Local board” shall mean means the local board of health.
4. “Physician” means a person licensed to practice
medicine and surgery, osteopathic medicine and surgery,
chiropractic, podiatry, or optometry under the laws of this
-76-state; but a person licensed as a physician and surgeon shall
be designated as a “physician” or “surgeon”, a person licensed
as an osteopathic physician and surgeon shall be designated
as an “osteopathic physician” or “osteopathic surgeon”, a
person licensed as a chiropractor shall be designated as a
“chiropractor”, a person licensed as a podiatrist shall be
designated as a “podiatric physician”, and a person licensed
as an optometrist shall be designated as an “optometrist”. A
definition or designation contained in this subsection shall
not be interpreted to expand the scope of practice of such
licensees.
5. “Rules” shall include regulations and orders.
6. “State department” or “department” shall mean means the
Iowa department of public health and human services.
Sec. 126. Section 135.11, Code 2023, is amended to read as
follows:
135.11 Duties Public health duties of department.
The director of public health shall be the head of the “Iowa
Department of Public Health”, which department shall:
1. Exercise general supervision over the public health,
promote public hygiene and sanitation, prevent substance abuse
use disorder and unless otherwise provided, enforce the laws
relating to the same.
2. Conduct campaigns for the education of the people in
hygiene and sanitation.
3. Issue monthly health bulletins containing fundamental
health principles and other health data deemed of public
interest.
4. Make investigations and surveys in respect to the
causes of disease and epidemics, and the effect of locality,
employment, and living conditions upon the public health. For
this purpose the department may use the services of the experts
connected with the state hygienic laboratory at the state
university of Iowa.
5. Establish stations throughout the state for the
-77-distribution of antitoxins and vaccines to physicians,
druggists pharmacists, and other persons, at cost. All
antitoxin and vaccine thus distributed shall be labeled “Iowa
Department of Public Health and Human Services”.
6. Exercise general supervision over the administration and
enforcement of the sexually transmitted diseases and infections
law, chapter 139A, subchapter II.
7. Exercise sole jurisdiction over the disposal and
transportation of the dead bodies of human beings and prescribe
the methods to be used in preparing such bodies for disposal
and transportation. However, the department may approve
a request for an exception to the application of specific
embalming and disposition rules adopted pursuant to this
subsection if such rules would otherwise conflict with tenets
and practices of a recognized religious denomination to which
the deceased individual adhered or of which denomination the
deceased individual was a member. The department shall inform
the board of mortuary science of any such approved exception
which may affect services provided by a funeral director
licensed pursuant to chapter 156.
8. Establish, publish, and enforce rules which require
companies, corporations, and other entities to obtain a permit
from the department prior to scattering cremated human remains.
9. Exercise general supervision over the administration and
enforcement of the vital statistics law, chapter 144.
10. Enforce the law relative to chapter 146 and
“Health-related Professions”, Title IV, subtitle 3, excluding
chapter 155.
11. Establish and maintain divisions as are necessary
for the proper enforcement of the laws administered by the
department.
12. Establish, publish, and enforce rules not inconsistent
with law for the enforcement of the provisions of chapter 125
and 155, and Title IV, subtitle 2, excluding chapter 146 and
for the enforcement of the various laws, the administration and
-78-supervision of which are imposed upon the department.
13. 10. Administer healthy aging and essential public
health services by approving grants of state funds to the local
boards of health for the purposes of promoting healthy aging
throughout the lifespan and enhancing health promotion and
disease prevention services, and by providing guidelines for
the approval of the grants and allocation of the state funds.
Guidelines, evaluation requirements and formula allocation
procedures for the services shall be established by the
department by rule.
14. 11. Administer chapters 125, 136A, 136C, 139A, 142,
142A, 144, and 147A.
15. Issue an annual report to the governor as provided in
section 7E.3, subsection 4.
16. 12. Consult with the office of statewide clinical
education programs at the university of Iowa college of
medicine and annually submit a report to the general assembly
by January 15 verifying the number of physicians in active
practice in Iowa by county who are engaged in providing
obstetrical care. To the extent data are readily available,
the report shall include information concerning the number
of deliveries per year by specialty and county, the age of
physicians performing deliveries, and the number of current
year graduates of the university of Iowa college of medicine
and the Des Moines university — osteopathic medical center
entering into residency programs in obstetrics, gynecology,
and family practice. The report may include additional
data relating to access to obstetrical services that may be
available.
17. 13. Administer the statewide maternal and child health
program and the program for children with disabilities by
conducting mobile and regional child health specialty clinics
and conducting other activities to improve the health of
low-income women and children and to promote the welfare of
children with actual or potential conditions which may cause
-79-disabilities and children with chronic illnesses in accordance
with the requirements of Tit.V of the federal Social Security
Act. The department shall provide technical assistance to
encourage the coordination and collaboration of state agencies
in developing outreach centers which provide publicly supported
services for pregnant women, infants, and children. The
department shall also, through cooperation and collaborative
agreements with the department of human services and the
mobile and regional child health specialty clinics, establish
common intake proceedings for maternal and child health
services. The department shall work in cooperation with the
legislative services agency in monitoring the effectiveness of
the maternal and child health centers, including the provision
of transportation for patient appointments and the keeping of
scheduled appointments.
18. 14. Establish, publish, and enforce rules requiring
prompt reporting of methemoglobinemia, pesticide poisoning, and
the reportable poisonings and illnesses established pursuant
to section 139A.21.
19. 15. Collect and maintain reports of pesticide
poisonings and other poisonings, illnesses, or injuries
caused by selected chemical or physical agents,
including methemoglobinemia and pesticide and fertilizer
hypersensitivity; and compile and publish, annually, a
statewide and county-by-county profile based on the reports.
20. 16. Adopt rules which require personnel of a licensed
hospice, of a homemaker-home health aide provider agency
which receives state homemaker-home health aide funds, or of
an agency which provides respite care services and receives
funds to complete training concerning blood-borne pathogens,
including human immunodeficiency virus and viral hepatitis,
consistent with standards from the federal occupational safety
and health administration.
21. 17. Adopt rules which require all emergency medical
services personnel, fire fighters, and law enforcement
-80-personnel to complete training concerning blood-borne
pathogens, including human immunodeficiency virus and
viral hepatitis, consistent with standards from the federal
occupational safety and health administration.
22. 18. Adopt rules which provide for the testing of a
convicted or alleged offender for the human immunodeficiency
virus pursuant to sections 915.40 through 915.43. The rules
shall provide for the provision of counseling, health care, and
support services to the victim.
23. 19. Establish ad hoc and advisory committees to the
director in areas where technical expertise is not otherwise
readily available. Members may be compensated for their actual
and necessary expenses incurred in the performance of their
duties. To encourage health consumer participation, public
members may also receive a per diem as specified in section
7E.6 if funds are available and the per diem is determined
to be appropriate by the director. Expense moneys paid to
the members shall be paid from funds appropriated to the
department. A majority of the members of such a committee
constitutes a quorum.
24. 20. Administer annual grants to county boards of health
for the purpose of conducting programs for the testing of
private water supply wells, the closing of abandoned private
water supply wells, and the renovation or rehabilitation of
private water supply wells. Grants shall be funded through
moneys transferred to the department from the agriculture
management account of the groundwater protection fund pursuant
to section 455E.11, subsection 2, paragraph “b”, subparagraph
(2), subparagraph division (b). The department shall adopt
rules relating to the awarding of the grants.
25. 21. Establish and administer, if sufficient funds
are available to the department, a program to assess and
forecast health workforce supply and demand in the state for
the purpose of identifying current and projected workforce
needs. The program may collect, analyze, and report data that
-81-furthers the purpose of the program. The program shall not
release information that permits identification of individual
respondents of program surveys.
26. 22. In consultation with the advisory committee for
perinatal guidelines, develop and maintain the statewide
perinatal program based on the recommendations of the American
academy of pediatrics and the American college of obstetricians
and gynecologists contained in the most recent edition of
the guidelines for perinatal care, and shall adopt rules in
accordance with chapter 17A to implement those recommendations.
Hospitals within the state shall determine whether to
participate in the statewide perinatal program, and select the
hospital’s level of participation in the program. A hospital
having determined to participate in the program shall comply
with the guidelines appropriate to the level of participation
selected by the hospital. Perinatal program surveys and
reports are privileged and confidential and are not subject to
discovery, subpoena, or other means of legal compulsion for
their release to a person other than the affected hospital, and
are not admissible in evidence in a judicial or administrative
proceeding other than a proceeding involving verification of
the participating hospital under this subsection.
27. 23. In consultation with the department of corrections,
the antibiotic resistance task force, and the American
federation of state, county and municipal employees, develop
educational programs to increase awareness and utilization of
infection control practices in institutions listed in section
904.102.
28. 24. Administer the Iowa youth survey, in collaboration
with other state agencies, as appropriate, every two years to
students in grades six, eight, and eleven in Iowa’s public
and nonpublic schools. Survey data shall be evaluated and
reported, with aggregate data available online at the Iowa
youth survey internet site.
Sec. 127. Section 135.14, Code 2023, is amended to read as
-82-follows:
135.14 State public health dental director — duties program.
1. The position of state public health dental director is
established within the department.
2. The dental director department shall perform all of the
following duties:
a. 1. Plan and direct all work activities of the statewide
public health dental program.
b. 2. Develop comprehensive dental initiatives for
prevention activities.
c. 3. Evaluate the effectiveness of the statewide public
health dental program and of program personnel.
d. Manage the oral and health delivery systems bureau
including direction, supervision, and fiscal management of
bureau staff.
e. 4. Other related work as required.
Sec. 128. Section 135.15, Code 2023, is amended to read as
follows:
135.15 Oral and health delivery systems bureau established —
responsibilities.
An oral and health delivery systems bureau is established
within the division of health promotion and chronic disease
prevention of the department. The bureau department shall be
responsible for all of the following:
1. Providing population-based oral health services,
including public health training, improvement of dental support
systems for families, technical assistance, awareness-building
activities, and educational services, at the state and local
level to assist Iowans in maintaining optimal oral health
throughout all stages of life.
2. Performing infrastructure building and enabling services
through the administration of state and federal grant programs
targeting access improvement, prevention, and local oral
health programs utilizing maternal and child health programs,
Medicaid, and other new or existing programs.
-83- 3. Leveraging federal, state, and local resources for
programs under the purview of the bureau department.
4. Facilitating ongoing strategic planning and application
of evidence-based research in oral health care policy
development that improves oral health care access and the
overall oral health of all Iowans.
5. Developing and implementing an ongoing oral health
surveillance system for the evaluation and monitoring of
the oral health status of children and other underserved
populations.
6. Facilitating the provision of oral health services
through dental homes. For the purposes of this section,
“dental home” means a network of individualized care based on
risk assessment, which includes oral health education, dental
screenings, preventive services, diagnostic services, treatment
services, and emergency services.
Sec. 129. Section 135.16A, subsection 2, Code 2023, is
amended to read as follows:
2. a. The department of inspections and appeals shall
assist the Iowa department of public health in adopting rules
necessary to implement and administer this section.
b. If necessary to implement, administer, and enforce this
section, the Iowa department of public health, in cooperation
with the department of agriculture and land stewardship, shall
submit a request to the United States department of agriculture
for a waiver or other exception from regulations as deemed
feasible by the Iowa department of public health. The Iowa
department of public health shall regularly report the status
of such request to the legislative services agency.
Sec. 130. Section 135.22A, subsection 2, Code 2023, is
amended to read as follows:
2. The advisory council on brain injuries is established.
The following persons or their designees shall serve as ex
officio, nonvoting members of the council:
a. The director of public health and human services or the
-84-director’s designee.
b. The director of human services and any division
administrators of the department of human services so assigned
by the director.
c. b. The director of the department of education.
d. c. The chief of the special education bureau of the
department of education.
e. d. The administrator of the division of vocational
rehabilitation services of the department of education
workforce development.
f. e. The director of the department for the blind.
Sec. 131. Section 135.22B, subsections 1, 2, 6, and 7, Code
2023, are amended to read as follows:
1. Definitions. For the purposes of this section:,
a. “Brain injury services waiver” “brain injury services
waiver” means the state’s medical assistance home and
community-based services waiver for persons with brain injury
implemented under chapter 249A.
b. “Program administrator” means the division of the
department designated to administer the brain injury services
program in accordance with subsection 2.
2. Program created.
a. A brain injury services program is created and shall be
administered by a division of the Iowa department of public
health in cooperation with counties and the department of human
services.
b. The division of the department assigned to administer the
advisory council on brain injuries under section 135.22A shall
be the program administrator. The division department’s duties
shall include but are not limited to serving as the fiscal
agent and contract administrator for the program and providing
program oversight.
c. The division department shall consult with the advisory
council on brain injuries, established pursuant to section
135.22A, regarding the program and shall report to the council
-85-concerning the program at least quarterly. The council shall
make recommendations to the department concerning the program’s
operation.
6. Cost-share requirements.
a. The cost-share component’s financial eligibility
requirements shall be established in administrative rule. In
establishing the requirements, the department shall consider
the eligibility and cost-share requirements used for the hawk-i
Hawki program under chapter 514I.
b. An individual’s cost-share responsibility for services
under the cost-share component shall be determined on a
sliding scale based upon the individual’s family income. An
individual’s cost-share shall be assessed as a copayment, which
shall not exceed thirty percent of the cost payable for the
service.
c. The service provider shall bill the department for the
portion of the cost payable for the service that is not covered
by the individual’s copayment responsibility.
7. Application process.
a. The application materials for services under the
cost-share component of the brain injury services program
shall use the application form and other materials of the
brain injury services waiver. In order to apply for the brain
injury services program, the applicant must authorize the
department of human services to provide the applicant’s waiver
application materials to the brain injury services program.
The application materials provided shall include but are not
limited to the waiver application and any denial letter,
financial assessment, and functional assessment regarding the
person.
b. If a functional assessment for the waiver has not
been completed due to a person’s financial ineligibility for
the waiver, the brain injury services program may provide
for a functional assessment to determine the person’s needs
by reimbursing the department of human services for the
-86-assessment.
c. The program administrator department shall file copies
of the individual’s application and needs assessment with the
program resource facilitator assigned to the individual’s
geographic area.
d. The department’s program administrator department shall
make a final determination as to whether program funding will
be authorized under the cost-share component.
Sec. 132. Section 135.24, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department, in consultation with the department of human
services, shall adopt rules to implement the volunteer health
care provider program which shall include the following:
Sec. 133. Section 135.24A, Code 2023, is amended to read as
follows:
135.24A Free clinics — volunteer record check.
1. For purposes of this section, “free clinic” means a free
clinic as defined in section 135.24 that is also a network
of free clinics in this state that offers operational and
collaborative opportunities to free clinics.
2. Persons who are potential volunteers or volunteers in
a free clinic in a position having direct individual contact
with patients of the free clinic shall be subject to criminal
history and child and dependent adult abuse record checks in
accordance with this section. The free clinic shall request
that the department of public safety perform the criminal
history check and the record check evaluation system of the
department of health and human services perform child and
dependent adult abuse record checks of the person in this state
and may request these checks in other states.
3. A free clinic subject to this section shall establish
an evaluation process to determine whether a crime of founded
child or dependent adult abuse warrants prohibition of the
person’s participation as a volunteer in the free clinic.
The evaluation process shall not be less stringent than
-87-the evaluation process performed by the department of human
services record check evaluation system and shall be approved
by the department of human services.
Sec. 134. Section 135.25, Code 2023, is amended to read as
follows:
135.25 Emergency medical services fund.
An emergency medical services fund is created in the state
treasury under the control of the department. The fund
includes, but is not limited to, amounts appropriated by the
general assembly, amounts transferred pursuant to section
602.8108, subsection 4, and other moneys available from
federal or private sources which are to be used for purposes
of this section. Funds remaining in the fund at the end of
each fiscal year shall not revert to the general fund of the
state but shall remain in the emergency medical services fund,
notwithstanding section 8.33. The fund is established to
assist counties by matching, on a dollar-for-dollar basis,
moneys spent by a county for the acquisition of equipment for
the provision of emergency medical services and by providing
grants to counties for education and training in the delivery
of emergency medical services, as provided in this section and
section 422D.6. A county seeking matching funds under this
section shall apply to the emergency medical services division
of the department. The department shall adopt rules concerning
the application and awarding process for the matching funds and
the criteria for the allocation of moneys in the fund if the
moneys are insufficient to meet the emergency medical services
needs of the counties. Moneys allocated by the department to a
county for emergency medical services purposes may be used for
equipment or training and education as determined by the board
of supervisors pursuant to section 422D.6.
Sec. 135. Section 135.36, Code 2023, is amended to read as
follows:
135.36 Interference with health department officer —
penalties.
-88- Any person resisting or interfering with the department, its
employees, or authorized agents, in the discharge of any duty
imposed by law shall be guilty of a simple misdemeanor.
Sec. 136. Section 135.39, Code 2023, is amended to read as
follows:
135.39 Federal aid.
The state department of public health is hereby authorized
to may accept financial aid from the government of the United
States for the purpose of assisting in carrying on public
health or substance abuse use disorder responsibility in the
state of Iowa.
Sec. 137. Section 135.39B, subsection 3, Code 2023, is
amended to read as follows:
3. The prohibition under this section shall not apply to
early childhood immunizations for influenza or in times of
emergency or epidemic as determined by the director of public
health. If an emergency or epidemic is determined to exist
by the director of public health under this subsection, the
director of public health shall notify the state board of
council on health and human services, the governor, and the
legislative council, and shall notify the public upon request.
Sec. 138. Section 135.39E, Code 2023, is amended to read as
follows:
135.39E Fluoridation in public water supply — notice of
discontinuance.
1. At least ninety days prior to taking any action to
permanently discontinue fluoridation in its water supply, an
owner or operator of a public water supply system, as defined
in section 455B.171, shall provide notice to the oral and
health delivery systems bureau established in section 135.15
department and the public water supply system’s customers.
2. In order to provide notice to its customers, the owner or
operator of the public water supply system shall place a notice
on each customer’s water bill or provide notice in a way that
is reasonably calculated so that all customers will receive the
-89-notice.
3. Section 135.38 does not apply to violations of this
section.
Sec. 139. Section 135.43, Code 2023, is amended to read as
follows:
135.43 Iowa child death review team established — duties.
1. An Iowa child death review team is established as part
of the office of the state medical examiner in the department.
The office of the state medical examiner department shall
provide staffing and administrative support to the team.
2. The membership of the review team is subject to the
provisions of sections 69.16 and 69.16A, relating to political
affiliation and gender balance. Review team members who
are not designated by another appointing authority shall be
appointed by the state medical examiner director. Membership
terms shall be for three years. A membership vacancy shall be
filled in the same manner as the original appointment. The
review team shall elect a chairperson and other officers as
deemed necessary by the review team. The review team shall
meet upon the call of the state medical examiner director or as
determined by the review team. The review team shall include
the following:
a. The state medical examiner or the state medical
examiner’s designee.
b. A certified or licensed professional who is knowledgeable
concerning sudden infant death syndrome.
c. A pediatrician who is knowledgeable concerning deaths of
children.
d. A family practice physician who is knowledgeable
concerning deaths of children.
e. One mental health professional who is knowledgeable
concerning deaths of children.
f. One social worker who is knowledgeable concerning deaths
of children.
g. A certified or licensed professional who is knowledgeable
-90-concerning domestic violence.
h. A professional who is knowledgeable concerning substance
abuse use disorder.
i. A local law enforcement official.
j. A county attorney.
k. An emergency room nurse who is knowledgeable concerning
the deaths of children.
l. A perinatal expert.
m. A representative of the health insurance industry.
n. One other member who is appointed at large.
3. The review team shall perform the following duties:
a. Collect, review, and analyze child death certificates and
child death data, including patient records or other pertinent
confidential information concerning the deaths of children
under age eighteen, and other information as the review team
deems appropriate for use in preparing an annual report to the
governor and the general assembly concerning the causes and
manner of child deaths. The report shall include analysis of
factual information obtained through review and recommendations
regarding prevention of child deaths.
b. Recommend to the governor and the general assembly
interventions to prevent deaths of children based on an
analysis of the cause and manner of such deaths.
c. Recommend to the agencies represented on the review team
changes which may prevent child deaths.
d. Except as authorized by this section, maintain the
confidentiality of any patient records or other confidential
information reviewed.
e. Recommend to the department of human services,
appropriate law enforcement agencies, and any other person
involved with child protection, interventions that may prevent
harm to a child who is related to or is living in the same home
as a child whose case is reviewed by the team.
f. If the sharing of information is necessary to assist in
or initiate a child death investigation or criminal prosecution
-91-and the office or agency receiving the information does not
otherwise have access to the information, share information
possessed by the review team with the office of the attorney
general, a county attorney’s office, or an appropriate
law enforcement agency. The office or agency receiving
the information shall maintain the confidentiality of the
information in accordance with this section. Unauthorized
release or disclosure of the information received is subject to
penalty as provided in this section.
g. In order to assist a division of the department in
performing the division’s department’s duties, if the division
department does not otherwise have access to the information,
share information possessed by the review team. The division
receiving recipient of the information shall maintain the
confidentiality of the information in accordance with this
section. Unauthorized release or disclosure of the information
received is subject to penalty as provided in this section.
4. The review team department shall develop protocols for a
child fatality review committee, to be appointed by the state
medical examiner director on an ad hoc basis, to immediately
review the child abuse assessments which involve the fatality
of a child under age eighteen. The state medical examiner
director shall appoint a medical examiner, a pediatrician, and
a person involved with law enforcement to the committee.
a. The purpose of the review shall be to determine
whether the department of human services and others involved
with the case of child abuse responded appropriately. The
protocols shall provide for the committee to consult with any
multidisciplinary team, as defined in section 235A.13, that
is operating in the area in which the fatality occurred. The
protocols shall also ensure that a member of the child fatality
review committee does not have a conflict of interest regarding
the child fatality under review.
b. The committee shall have access to patient records
and other pertinent confidential information and, subject to
-92-the restrictions in this subsection, may redisseminate the
confidential information in the committee’s report.
c. Upon completion of the review, the committee shall issue
a report which shall include findings concerning the case and
recommendations for changes to prevent child fatalities when
similar circumstances exist. The report shall include but
is not limited to the following information, subject to the
restrictions listed in paragraph “d”:
(1) The dates, outcomes, and results of any actions taken by
the department of human services and others in regard to each
report and allegation of child abuse involving the child who
died.
(2) The results of any review of the case performed by a
multidisciplinary team, or by any other public entity that
reviewed the case.
(3) Confirmation of receipt by the department of human
services of any report of child abuse involving the child,
including confirmation as to whether or not any assessment
involving the child was performed in accordance with section
232.71B, the results of any assessment, a description of the
most recent assessment and the services offered to the family,
the services rendered to the family, and the basis for the
department’s decisions concerning the case.
d. Prior to issuing the report, the committee shall consult
with the county attorney responsible for prosecution of the
alleged perpetrator of the child fatality. The committee’s
report shall include child abuse information associated with
the case and the child, but is subject to the restrictions
applicable to the department of human services for release of
information concerning a child fatality or near fatality in
accordance with section 235A.15, subsection 9.
e. Following the completion of the trial of any alleged
perpetrator of the child fatality and the appeal period
for the granting of a new trial, the committee shall issue
a supplemental report containing the information that was
-93-withheld, in accordance with paragraph “d”, so as not to
jeopardize the prosecution or the rights of the alleged
perpetrator to a fair trial as described in section 235A.15,
subsection 9, paragraphs “e” and “f”.
f. The report and any supplemental report shall be submitted
to the governor and general assembly.
g. If deemed appropriate by the committee, at any point
in the review the committee may recommend to the department
of human services, appropriate law enforcement agencies, and
any other person involved with child protection, interventions
that may prevent harm to a child who is related to or is living
in the same home as a child whose case is reviewed by the
committee.
5. a. The following individuals shall designate a liaison
to assist the review team in fulfilling its responsibilities:
(1) The director of public health and human services.
(2) The director of human services.
(3) (2) The commissioner of public safety.
(4) (3) The attorney general.
(5) (4) The director of transportation.
(6) (5) The director of the department of education.
b. In addition, the chairperson of the review team
department shall designate a liaison from the public at large
to assist the review team in fulfilling its responsibilities.
6. The review team may establish subcommittees to which the
team may delegate some or all of the team’s responsibilities
under subsection 3.
7. a. The state medical examiner, the Iowa department
of public health, and the department of human services shall
adopt rules providing for disclosure of information which is
confidential under chapter 22 or any other provision of state
law, to the review team for purposes of performing its child
death and child abuse review responsibilities.
b. A person in possession or control of medical,
investigative, assessment, or other information pertaining to a
-94-child death and child abuse review shall allow the inspection
and reproduction of the information by the office of the state
medical examiner department upon the request of the office
department, to be used only in the administration and for
the duties of the Iowa child death review team. Except as
provided for a report on a child fatality by an ad hoc child
fatality review committee under subsection 4, information and
records produced under this section which are confidential
under section 22.7 and chapter 235A, and information or records
received from the confidential records, remain confidential
under this section. A person does not incur legal liability
by reason of releasing information to the department or the
office of the state medical examiner as required under and in
compliance with this section.
8. Review team members and their agents are immune from any
liability, civil or criminal, which might otherwise be incurred
or imposed as a result of any act, omission, proceeding,
decision, or determination undertaken or performed, or
recommendation made as a review team member or agent provided
that the review team members or agents acted in good faith
and without malice in carrying out their official duties in
their official capacity. The state medical examiner department
shall adopt rules pursuant to chapter 17A to administer
this subsection. A complainant bears the burden of proof in
establishing malice or lack of good faith in an action brought
against review team members involving the performance of their
duties and powers under this section.
9. A person who releases or discloses confidential data,
records, or any other type of information in violation of this
section is guilty of a serious misdemeanor.
Sec. 140. Section 135.61, subsection 12, Code 2023, is
amended to read as follows:
12. “Health services” means clinically related diagnostic,
curative, or rehabilitative services, and includes alcoholism,
drug abuse, substance use disorder and mental health services.
-95- Sec. 141. Section 135.100, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the Iowa department of public health
and human services.
Sec. 142. Section 135.101, Code 2023, is amended to read as
follows:
135.101 Childhood lead poisoning prevention program.
There is established a childhood lead poisoning prevention
program within the Iowa department of public health. The
department shall implement and review programs necessary to
eliminate potentially dangerous toxic lead levels in children
in Iowa in a year for which funds are appropriated to the
department for this purpose.
Sec. 143. Section 135.106, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The Iowa department of public health shall establish a
healthy opportunities for parents to experience success (HOPES)
– healthy families Iowa (HFI) program to provide services to
families and children during the prenatal through preschool
years. The program shall be designed to do all of the
following:
Sec. 144. Section 135.106, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The HOPES-HFI program shall be developed by the Iowa
department of public health, and may be implemented, in
whole or in part, by contracting with a nonprofit child
abuse prevention organization, local nonprofit certified home
health program or other local nonprofit organizations, and
shall include, but is not limited to, all of the following
components:
Sec. 145. Section 135.106, subsection 3, Code 2023, is
amended to read as follows:
3. It is the intent of the general assembly to provide
communities with the discretion and authority to redesign
existing local programs and services targeted at and assisting
-96-families expecting babies and families with children who
are newborn through five years of age. The Iowa department
of public health, department of human services, department
of education, and other state agencies and programs, as
appropriate, shall provide technical assistance and support
to communities desiring to redesign their local programs and
shall facilitate the consolidation of existing state funding
appropriated and made available to the community for family
support services. Funds which are consolidated in accordance
with this subsection shall be used to support the redesigned
service delivery system. In redesigning services, communities
are encouraged to implement a single uniform family risk
assessment mechanism and shall demonstrate the potential for
improved outcomes for children and families. Requests by
local communities for the redesigning of services shall be
submitted to the Iowa department of public health, department
of human services, and the department of education, and are
subject to the approval of the early childhood Iowa state board
in consultation with the departments, based on the practices
utilized with early childhood Iowa areas under chapter 256I.
Sec. 146. Section 135.107, Code 2023, is amended to read as
follows:
135.107 Center for rural Rural health and primary care
established — duties.
1. The center for rural health and primary care is
established within the department.
2. 1. The center for rural health and primary care
department shall do all of the following:
a. Provide technical planning assistance to rural
communities and counties exploring innovative means of
delivering rural health services through community health
services assessment, planning, and implementation, including
but not limited to hospital conversions, cooperative agreements
among hospitals, physician and health practitioner support,
recruitment and retention of primary health care providers,
-97-public health services, emergency medical services, medical
assistance facilities, rural health care clinics, and
alternative means which may be included in the long-term
community health services assessment and developmental plan.
The center for rural health and primary care department
shall encourage collaborative efforts of the local boards of
health, hospital governing boards, and other public and private
entities located in rural communities to adopt a long-term
community health services assessment and developmental plan
pursuant to rules adopted by the department and perform the
duties required of the Iowa department of public health in
section 135B.33.
b. Provide technical assistance to assist rural communities
in improving Medicare reimbursements through the establishment
of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
and distinct part skilled nursing facility beds.
c. Coordinate services to provide research for the following
items:
(1) Examination of the prevalence of rural occupational
health injuries in the state.
(2) Assessment of training and continuing education
available through local hospitals and others relating to
diagnosis and treatment of diseases associated with rural
occupational health hazards.
(3) Determination of continuing education support necessary
for rural health practitioners to diagnose and treat illnesses
caused by exposure to rural occupational health hazards.
(4) Determination of the types of actions that can help
prevent agricultural accidents.
(5) Surveillance and reporting of disabilities suffered
by persons engaged in agriculture resulting from diseases
or injuries, including identifying the amount and severity
of agricultural-related injuries and diseases in the state,
identifying causal factors associated with agricultural-related
injuries and diseases, and indicating the effectiveness of
-98-intervention programs designed to reduce injuries and diseases.
d. Cooperate with the center for agricultural safety and
health established under section 262.78, the center for health
effects of environmental contamination established under
section 263.17, and the department of agriculture and land
stewardship. The agencies shall coordinate programs to the
extent practicable.
e. Administer grants for farm safety education efforts
directed to rural families for the purpose of preventing
farm-related injuries to children.
3. 2. The center for rural health and primary care
department shall establish a primary care provider recruitment
and retention endeavor, to be known as PRIMECARRE. The
endeavor shall include a health care workforce and community
support grant program and a primary care provider loan
repayment program. The endeavor shall be developed and
implemented in a manner to promote and accommodate local
creativity in efforts to recruit and retain health care
professionals to provide services in the locality. The
focus of the endeavor shall be to promote and assist local
efforts in developing health care provider recruitment and
retention programs. The center for rural health and primary
care department may enter into an agreement with the college
student aid commission for the administration of the center’s
department’s grant and loan repayment programs.
a. Health care workforce and community support grant program.
(1) The center for rural health and primary care department
shall adopt rules establishing flexible application processes
based upon the department’s strategic plan to be used by the
center department to establish a grant assistance program as
provided in this paragraph “a”, and establishing the criteria
to be used in evaluating the applications. Selection criteria
shall include a method for prioritizing grant applications
based on illustrated efforts to meet the health care provider
needs of the locality and surrounding area. Such assistance
-99-may be in the form of a forgivable loan, grant, or other
nonfinancial assistance as deemed appropriate by the center
department. An application submitted may contain a commitment
of matching funds for the grant assistance. Application may
be made for assistance by a single community or group of
communities or in response to programs recommended in the
strategic plan to address health workforce shortages.
(2) Grants awarded under the program shall be awarded
to rural, underserved areas or special populations as
identified by the department’s strategic plan or evidence-based
documentation.
b. Primary care provider loan repayment program.
(1) A primary care provider loan repayment program is
established to increase the number of health professionals
practicing primary care in federally designated health
professional shortage areas of the state. Under the program,
loan repayment may be made to a recipient for educational
expenses incurred while completing an accredited health
education program directly related to obtaining credentials
necessary to practice the recipient’s health profession.
(2) The center for rural health and primary care
department shall adopt rules relating to the establishment and
administration of the primary care provider loan repayment
program. Rules adopted pursuant to this paragraph shall
provide, at a minimum, for all of the following:
(a) Determination of eligibility requirements and
qualifications of an applicant to receive loan repayment under
the program, including but not limited to years of obligated
service, clinical practice requirements, and residency
requirements. One year of obligated service shall be provided
by the applicant in exchange for each year of loan repayment,
unless federal requirements otherwise require. Loan repayment
under the program shall not be approved for a health provider
whose license or certification is restricted by a medical
regulatory authority of any jurisdiction of the United States,
-100-other nations, or territories.
(b) Identification of federally designated health
professional shortage areas of the state and prioritization of
such areas according to need.
(c) Determination of the amount and duration of the loan
repayment an applicant may receive, giving consideration to the
availability of funds under the program, and the applicant’s
outstanding educational loans and professional credentials.
(d) Determination of the conditions of loan repayment
applicable to an applicant.
(e) Enforcement of the state’s rights under a loan repayment
program contract, including the commencement of any court
action.
(f) Cancellation of a loan repayment program contract for
reasonable cause unless federal requirements otherwise require.
(g) Participation in federal programs supporting repayment
of loans of health care providers and acceptance of gifts,
grants, and other aid or amounts from any person, association,
foundation, trust, corporation, governmental agency, or other
entity for the purposes of the program.
(h) Upon availability of state funds, determination of
eligibility criteria and qualifications for participating
communities and applicants not located in federally designated
shortage areas.
(i) Other rules as necessary.
4. 3. a. Eligibility under any of the programs established
under the primary care provider recruitment and retention
endeavor shall be based upon a community health services
assessment completed under subsection 2, paragraph “a”.
Participation in a community health services assessment process
shall be documented by the community or region.
b. Assistance under this subsection shall not be granted
until such time as the community or region making application
has completed a community health services assessment and
adopted a long-term community health services assessment and
-101-developmental plan. In addition to any other requirements, an
applicant’s plan shall include, to the extent possible, a clear
commitment to informing high school students of the health care
opportunities which may be available to such students.
c. The center for rural health and primary care department
shall seek additional assistance and resources from other state
departments and agencies, federal agencies and grant programs,
private organizations, and any other person, as appropriate.
The center department is authorized and directed to accept
on behalf of the state any grant or contribution, federal or
otherwise, made to assist in meeting the cost of carrying out
the purpose of this subsection. All federal grants to and the
federal receipts of the center department are appropriated
for the purpose set forth in such federal grants or receipts.
Funds appropriated by the general assembly to the center
department for implementation of this subsection shall first
be used for securing any available federal funds requiring a
state match, with remaining funds being used for the health
care workforce and community support grant program.
d. The center for rural health and primary care department
may, to further the purposes of this subsection, provide
financial assistance in the form of grants to support
the effort of a community which is clearly part of the
community’s long-term community health services assessment
and developmental plan. Efforts for which such grants may
be awarded include but are not limited to the procurement of
clinical equipment, clinical facilities, and telecommunications
facilities, and the support of locum tenens arrangements and
primary care provider mentor programs.
Sec. 147. Section 135.108, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the Iowa department of public health
and human services.
2. “Director” means the director of public health and human
services.
-102- Sec. 148. Section 135.109, Code 2023, is amended to read as
follows:
135.109 Iowa domestic abuse death review team membership.
1. An Iowa domestic abuse death review team is established
as an independent agency of state government in the department.
2. The department shall provide staffing and administrative
support to the team.
3. The team shall include the following members:
a. The state medical examiner or the state medical
examiner’s designee.
b. A licensed physician, physician assistant, or nurse who
is knowledgeable concerning domestic abuse injuries and deaths,
including suicides.
c. A licensed mental health professional who is
knowledgeable concerning domestic abuse.
d. A representative or designee of the Iowa coalition
against domestic violence.
e. A certified or licensed professional who is knowledgeable
concerning substance abuse use disorder.
f. A law enforcement official who is knowledgeable
concerning domestic abuse.
g. A law enforcement investigator experienced in domestic
abuse investigation.
h. An attorney experienced in prosecuting domestic abuse
cases.
i. A judicial officer appointed by the chief justice of the
supreme court.
j. A clerk of the district court appointed by the chief
justice of the supreme court.
k. An employee or subcontractor of the department of
corrections who is a trained batterers’ education program
facilitator.
l. An attorney licensed in this state who provides criminal
defense assistance or child custody representation, and who has
experience in dissolution of marriage proceedings.
-103- m. Both a female and a male victim of domestic abuse.
n. A family member of a decedent whose death resulted from
domestic abuse.
4. The following individuals shall each designate a liaison
to assist the team in fulfilling the team’s duties:
a. The attorney general.
b. The director of the Iowa department of corrections.
c. The director of public health.
d. c. The director of health and human services.
e. d. The commissioner of public safety.
f. The administrator of the bureau of vital records of the
Iowa department of public health.
g. e. The director of the department of education.
h. f. The state court administrator.
i. The director of the department of human rights.
j. g. The director of the state law enforcement academy.
5. a. The director of public health, in consultation with
the attorney general, shall appoint review team members who are
not designated by another appointing authority.
b. A membership vacancy shall be filled in the same manner
as the original appointment.
c. The membership of the review team is subject to the
provisions of sections 69.16 and 69.16A, relating to political
affiliation and gender balance.
d. A member of the team may be reappointed to serve
additional terms on the team, subject to the provisions of
chapter 69.
6. Membership terms shall be three-year staggered terms.
7. Members of the team are eligible for reimbursement of
actual and necessary expenses incurred in the performance of
their official duties.
8. Team members and their agents are immune from any
liability, civil or criminal, which might otherwise be incurred
or imposed as a result of any act, omission, proceeding,
decision, or determination undertaken or performed, or
-104-recommendation made as a team member or agent provided that the
team members or agents acted reasonably and in good faith and
without malice in carrying out their official duties in their
official capacity. A complainant bears the burden of proof
in establishing malice or unreasonableness or lack of good
faith in an action brought against team members involving the
performance of their duties and powers.
Sec. 149. Section 135.118, subsection 1, Code 2023, is
amended to read as follows:
1. A child protection center grant program is established
in the Iowa department of public health in accordance with
this section. The director of public health department shall
establish requirements for the grant program and shall award
grants. A grant may be used for establishment of a new center
or for support of an existing center.
Sec. 150. Section 135.118, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. As necessary to address serious cases of child abuse such
as those involving sexual abuse, serious physical abuse, and
substance abuse use disorder, a grantee must be able to involve
or consult with persons from various professional disciplines
who have training and expertise in addressing special types
of child abuse. These persons may include but are not
limited to physicians and other health care professionals,
mental health professionals, social workers, child protection
workers, attorneys, juvenile court officers, public health
workers, child development experts, child educators, and child
advocates.
Sec. 151. Section 135.118, subsection 3, Code 2023, is
amended to read as follows:
3. The director shall create a committee to consider grant
proposals and to make grant recommendations to the director.
The committee membership may include but is not limited to
representatives of the following: departments of health and
human services, and justice, and public health, Iowa medical
-105-society, Iowa hospital association, Iowa nurses association,
and an association representing social workers.
Sec. 152. Section 135.140, Code 2023, is amended to read as
follows:
135.140 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Bioterrorism” means the intentional use of any
microorganism, virus, infectious substance, or biological
product that may be engineered as a result of biotechnology,
or any naturally occurring or bioengineered component of any
such microorganism, virus, infectious substance, or biological
product, to cause death, disease, or other biological
malfunction in a human, an animal, a plant, or another living
organism.
2. “Department” means the Iowa department of public health
and human services.
3. “Director” means the director of public health and human
services or the director’s designee.
4. “Disaster” means disaster as defined in section 29C.2.
5. “Division” means the division of acute disease prevention
and emergency response of the department.
6. 5. “Public health disaster” means a state of disaster
emergency proclaimed by the governor in consultation with the
department pursuant to section 29C.6 for a disaster which
specifically involves an imminent threat of an illness or
health condition that meets any of the following conditions of
paragraphs “a” and “b”:
a. Is reasonably believed to be caused by any of the
following:
(1) Bioterrorism or other act of terrorism.
(2) The appearance of a novel or previously controlled or
eradicated infectious agent or biological toxin.
(3) A chemical attack or accidental release.
(4) An intentional or accidental release of radioactive
-106-material.
(5) A nuclear or radiological attack or accident.
(6) A natural occurrence or incident, including but not
limited to fire, flood, storm, drought, earthquake, tornado,
or windstorm.
(7) A man-made occurrence or incident, including but not
limited to an attack, spill, or explosion.
b. Poses a high probability of any of the following:
(1) A large number of deaths in the affected population.
(2) A large number of serious or long-term disabilities in
the affected population.
(3) Widespread exposure to an infectious or toxic agent that
poses a significant risk of substantial future harm to a large
number of the affected population.
(4) Short-term or long-term physical or behavioral health
consequences to a large number of the affected population.
7. 6. “Public health response team” means a team of
professionals, including licensed health care providers,
nonmedical professionals skilled and trained in disaster or
emergency response, and public health practitioners, which is
sponsored by a hospital or other entity and approved by the
department to provide disaster assistance in the event of a
disaster or threatened disaster.
Sec. 153. Section 135.141, Code 2023, is amended to read as
follows:
135.141 Division of Department duties related to acute
disease prevention and emergency response — establishment —
duties of department.
1. A division of acute disease prevention and emergency
response is established within the department. The division
department shall coordinate the administration of this
subchapter with other administrative divisions of the
department and with federal, state, and local agencies and
officials.
2. The department shall do all of the following:
-107- a. Coordinate with the department of homeland security and
emergency management the administration of emergency planning
matters which involve the public health, including development,
administration, and execution of the public health components
of the comprehensive emergency plan and emergency management
program pursuant to section 29C.8.
b. Coordinate with federal, state, and local agencies and
officials, and private agencies, organizations, companies, and
persons, the administration of emergency planning, response,
and recovery matters that involve the public health.
c. If a public health disaster exists, or if there is
reasonable cause to believe that a public health disaster is
imminent, conduct a risk assessment of any present or potential
danger to the public health from chemical, radiological, or
other potentially dangerous agents.
d. For the purpose of paragraph “c”, an employee or agent
of the department may enter into and examine any premises
containing potentially dangerous agents with the consent of the
owner or person in charge of the premises or, if the owner or
person in charge of the premises refuses admittance, with an
administrative search warrant obtained under section 808.14.
Based on findings of the risk assessment and examination of the
premises, the director may order reasonable safeguards or take
any other action reasonably necessary to protect the public
health pursuant to rules adopted to administer this subsection.
e. Coordinate the location, procurement, storage,
transportation, maintenance, and distribution of medical
supplies, drugs, antidotes, and vaccines to prepare for or in
response to a public health disaster, including receiving,
distributing, and administering items from the strategic
national stockpile program of the centers for disease control
and prevention of the United States department of health and
human services.
f. Conduct or coordinate public information activities
regarding emergency and disaster planning, response, and
-108-recovery matters that involve the public health.
g. Apply for and accept grants, gifts, or other funds to be
used for programs authorized by this subchapter.
h. Establish and coordinate other programs or activities
as necessary for the prevention, detection, management, and
containment of public health disasters, and for the recovery
from such disasters.
i. Adopt rules pursuant to chapter 17A for the
administration of this subchapter including rules adopted in
cooperation with the Iowa pharmacy association and the Iowa
hospital association for the development of a surveillance
system to monitor supplies of drugs, antidotes, and vaccines to
assist in detecting a potential public health disaster. Prior
to adoption, the rules shall be approved by the state board of
health council on health and human services and the director of
the department of homeland security and emergency management.
Sec. 154. Section 135.166, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of public health shall enter into a
memorandum of understanding with the contractor selected
through a request for proposals process to act as the
department’s intermediary in collecting, maintaining, and
disseminating hospital inpatient, outpatient, and ambulatory
data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
177.3.
Sec. 155. Section 135.173A, Code 2023, is amended to read
as follows:
135.173A Child care advisory committee.
1. The early childhood stakeholders alliance shall
establish a state child care advisory committee as part of the
stakeholders alliance. The advisory committee shall advise
and make recommendations to the governor, general assembly,
department of human services, and other state agencies
concerning child care.
-109- 2. The membership of the advisory committee shall consist of
a broad spectrum of parents and other persons from across the
state with an interest in or involvement with child care.
3. Except as otherwise provided, the voting members of
the advisory committee shall be appointed by the stakeholders
alliance from a list of names submitted by a nominating
committee to consist of one member of the advisory committee,
one member of the department of human services’ department’s
child care staff, three consumers of child care, and one member
of a professional child care organization. Two names shall be
submitted for each appointment. The voting members shall be
appointed for terms of three years.
4. The voting membership of the advisory committee shall be
appointed in a manner so as to provide equitable representation
of persons with an interest in child care and shall include all
of the following:
a. Two parents of children served by a registered child
development home.
b. Two parents of children served by a licensed center.
c. Two not-for-profit child care providers.
d. Two for-profit child care providers.
e. One child care home provider.
f. Three child development home providers.
g. One child care resource and referral service grantee.
h. One nongovernmental child advocacy group representative.
i. One designee of the department of human services.
j. One designee of the Iowa department of public health.
k. j. One designee of the department of education.
l. k. One head start program provider.
m. l. One person who is a business owner or executive
officer from nominees submitted by the Iowa chamber of commerce
executives.
n. One designee of the early childhood Iowa office of the
department of management.
o. m. One person who is a member of the Iowa afterschool
-110-alliance.
p. n. One person who is part of a local program
implementing the statewide preschool program for four-year-old
children under chapter 256C.
q. o. One person who represents the early childhood
stakeholders alliance.
5. In addition to the voting members of the advisory
committee, the membership shall include four legislators as
ex officio, nonvoting members. The four legislators shall
be appointed one each by the majority leader of the senate,
the minority leader of the senate, the speaker of the house
of representatives, and the minority leader of the house of
representatives for terms as provided in section 69.16B.
6. In fulfilling the advisory committee’s role, the
committee shall do all of the following:
a. Consult with the department of human services and make
recommendations concerning policy issues relating to child
care.
b. Advise the department of human services concerning
services relating to child care, including but not limited to
any of the following:
(1) Resource and referral services.
(2) Provider training.
(3) Quality improvement.
(4) Public-private partnerships.
(5) Standards review and development.
(6) The federal child care and development block grant,
state funding, grants, and other funding sources for child
care.
c. Assist the department of human services in developing an
implementation plan to provide seamless service to recipients
of public assistance, which includes child care services.
For the purposes of this subsection, “seamless service”
means coordination, where possible, of the federal and state
requirements which apply to child care.
-111- d. Advise and provide technical services to the director of
the department of education or the director’s designee relating
to prekindergarten, kindergarten, and before and after school
programming and facilities.
e. Make recommendations concerning child care expansion
programs that meet the needs of children attending a core
education program by providing child care before and after the
core program hours and during times when the core program does
not operate.
f. Make recommendations for improving collaborations
between the child care programs involving the department of
human services and programs supporting the education and
development of young children including but not limited to the
federal head start program; the statewide preschool program for
four-year-old children; and the early childhood, at-risk, and
other early education programs administered by the department
of education.
g. Make recommendations for eliminating duplication and
otherwise improving the eligibility determination processes
used for the state child care assistance program and other
programs supporting low-income families, including but not
limited to the federal head start, early head start, and even
start programs; the early childhood, at-risk, and preschool
programs administered by the department of education; the
family and self-sufficiency grant program; and the family
investment program.
h. Make recommendations as to the most effective and
efficient means of managing the state and federal funding
available for the state child care assistance program.
i. Review program data from the department of human services
and other departments concerning child care as deemed to be
necessary by the advisory committee, although a department
shall not provide personally identifiable data or information.
j. Advise and assist the early childhood stakeholders
alliance in developing the strategic plan required pursuant to
-112-section 256I.4, subsection 4.
7. The department of human services shall provide
information to the advisory committee semiannually on all of
the following:
a. Federal, state, local, and private revenues and
expenditures for child care including but not limited to
updates on the current and future status of the revenues and
expenditures.
b. Financial information and data relating to regulation of
child care by the department of human services and the usage of
the state child care assistance program.
c. Utilization and availability data relating to child care
regulation, quantity, and quality from consumer and provider
perspectives.
d. Statistical and demographic data regarding child care
providers and the families utilizing child care.
e. Statistical data regarding the processing time for
issuing notices of decision to state child care assistance
applicants and for issuing payments to child care providers.
8. The advisory committee shall coordinate with the early
childhood stakeholders alliance its reporting annually in
December to the governor and general assembly concerning the
status of child care in the state, providing findings, and
making recommendations. The annual report may be personally
presented to the general assembly’s standing committees on
health and human resources services by a representative of the
advisory committee.
Sec. 156. Section 135.175, subsection 6, paragraphs b and c,
Code 2023, are amended to read as follows:
b. State programs that may receive funding from the fund
and the accounts in the fund, if specifically designated for
the purpose of drawing down federal funding, are the primary
care recruitment and retention endeavor (PRIMECARRE), the Iowa
affiliate of the national rural recruitment and retention
network, the oral and health delivery systems bureau dental
-113-program of the department, the primary care office and
shortage designation program, and the state office of rural
health, administered through the oral and health delivery
systems bureau of the department of public health; any entity
identified by the federal government entity through which
federal funding for a specified health care workforce shortage
initiative is received; and a program developed in accordance
with the strategic plan developed by the department of public
health in accordance with section 135.163.
c. Any federal funding received for the purposes of
addressing state health care workforce shortages shall be
deposited in the health care workforce shortage national
initiatives account, unless otherwise specified by the source
of the funds, and shall be used as required by the source of
the funds. If use of the federal funding is not designated,
the funds shall be used in accordance with the strategic plan
developed by the department of public health in accordance with
section 135.163, or to address workforce shortages as otherwise
designated by the department of public health. Other sources
of funding shall be deposited in the fund or account and used
as specified by the source of the funding.
Sec. 157. Section 135.185, subsection 6, Code 2023, is
amended to read as follows:
6. The department of public health, the board of medicine,
the board of nursing, and the board of pharmacy shall adopt
rules pursuant to chapter 17A to implement and administer this
section, including but not limited to standards and procedures
for the prescription, distribution, storage, replacement, and
administration of epinephrine auto-injectors, and for training
and authorization to be required for personnel authorized to
administer epinephrine.
Sec. 158. Section 135.190, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. “Person in a position to assist” means a family member,
friend, caregiver, health care provider, employee of a
-114-substance abuse use disorder treatment facility, school
employee, or other person who may be in a place to render aid to
a person at risk of experiencing an opioid-related overdose.
Sec. 159. Section 135.190A, subsection 6, Code 2023, is
amended to read as follows:
6. The department shall submit a report to the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system and to the legislative
services agency general assembly on or before December 31
of each year which shall contain a list of deposits and
expenditures from the fund for the prior fiscal year and the
amount of carryover funds, if any, to be distributed in the
next fiscal year.
Sec. 160. Section 135A.2, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. “Department” means the department of public health and
human services.
4. “Governmental public health system” means local boards
of health, the state board of council on health and human
services, designated local public health agencies, the state
hygienic laboratory, and the department.
Sec. 161. Section 135A.8, subsection 4, Code 2023, is
amended to read as follows:
4. A local board of health seeking matching funds or grants
under this section shall apply to the department. The state
board of council on health and human services shall adopt rules
concerning the application and award process for the allocation
of moneys in the fund and shall establish the criteria for the
allocation of moneys in the fund if the moneys are insufficient
to meet the needs of local boards of health.
Sec. 162. Section 135A.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state board of council on health and human services shall
adopt rules pursuant to chapter 17A to implement this chapter
which shall include but are not limited to the following:
-115- Sec. 163. Section 135B.7, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department, with the approval of the state board of
council on health and human services, shall adopt rules setting
out the standards for the different types of hospitals to be
licensed under this chapter. The department shall enforce the
rules.
Sec. 164. Section 135B.9, subsection 2, Code 2023, is
amended to read as follows:
2. In the state resource centers and state mental health
institutes operated by the department of health and human
services, the designated protection and advocacy agency as
provided in section 135C.2, subsection 4, shall have the
authority to investigate all complaints of abuse and neglect
of persons with developmental disabilities or mental illnesses
if the complaints are reported to the protection and advocacy
agency or if there is probable cause to believe that the abuse
has occurred. Such authority shall include the examination of
all records pertaining to the care provided to the residents
and contact or interview with any resident, employee, or any
other person who might have knowledge about the operation of
the institution.
Sec. 165. Section 135B.33, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Subject to availability of funds, the Iowa department of
public health and human services shall provide technical
planning assistance to local boards of health and hospital
governing boards to ensure access to hospital services in
rural areas. The department shall encourage the local boards
of health and hospital governing boards to adopt a long-term
community health services and developmental plan including the
following:
Sec. 166. Section 135B.34, Code 2023, is amended to read as
follows:
135B.34 Hospital employees — criminal history and abuse
-116-record checks — penalty.
1. a. Prior to employment of a person in a hospital, the
hospital shall do one of the following:
(1) Request that the department of public safety perform a
criminal history check and the record check evaluation system
of the department of health and human services perform child
and dependent adult abuse record checks of the person in this
state.
(2) Access the single contact repository to perform the
required record checks.
b. (1) If a hospital accesses the single contact repository
to perform the required record checks pursuant to paragraph
“a”, the hospital may utilize a third-party vendor to perform a
comprehensive preliminary background check and provisionally
employ a person being considered for employment pending
completion of the required record checks through the single
contact repository and the evaluation by the department of
human services record check evaluation system, as applicable,
subject to all of the following:
(a) If the comprehensive preliminary background check
determines that the person being considered for employment has
been convicted of a crime, but the crime does not constitute a
felony as defined in section 701.7 and is not a crime specified
pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
712, or pursuant to section 726.3, 726.27, or 726.28.
(b) If the comprehensive preliminary background check
determines the person being considered for employment does not
have a record of founded child abuse or dependent adult abuse
or if an exception pursuant to subsection 4 is applicable to
the person.
(c) If the hospital has requested an evaluation in
accordance with subsection 2, paragraph “a”, to determine
whether the crime warrants prohibition of the person’s
employment in the hospital.
(2) The provisional employment under this paragraph “b”
-117-may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
c. A hospital shall inform all persons prior to employment
regarding the performance of the record checks and shall
obtain, from the persons, a signed acknowledgment of the
receipt of the information. A hospital shall include the
following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
2. a. If it is determined that a person being considered
for employment in a hospital has committed a crime, the
department of public safety shall notify the hospital that upon
the request of the hospital the department of human services
record check evaluation system will perform an evaluation
to determine whether the crime warrants prohibition of the
person’s employment in the hospital.
b. (1) If a person being considered for employment, other
than employment involving the operation of a motor vehicle, has
been convicted of a crime listed in subparagraph (2) but does
not have a record of founded child or dependent adult abuse
and the hospital has requested an evaluation in accordance
with paragraph “a” to determine whether the crime warrants
prohibition of the person’s employment, the hospital may employ
the person for not more than sixty calendar days pending
completion of the evaluation.
(2) Subparagraph (1) applies to a crime that is a simple
misdemeanor offense under section 123.47, and to a crime
that is a first offense of operating a motor vehicle while
intoxicated under section 321J.2, subsection 1.
c. If a department of human services record check evaluation
system child or dependent adult abuse record check shows that
the person has a record of founded child or dependent adult
-118-abuse, the department of human services record check evaluation
system shall notify the hospital that upon the request of
the hospital the department of human services record check
evaluation system will perform an evaluation to determine
whether the founded child or dependent adult abuse warrants
prohibition of the person’s employment in the hospital.
d. An evaluation performed under this subsection shall
be performed in accordance with procedures adopted for this
purpose by the department of health and human services.
e. (1) If a person owns or operates more than one hospital,
and an employee of one of such hospitals is transferred to
another such hospital without a lapse in employment, the
hospital is not required to request additional criminal and
child and dependent adult abuse record checks of that employee.
(2) If the ownership of a hospital is transferred, at the
time of transfer the record checks required by this section
shall be performed for each employee for whom there is no
documentation that such record checks have been performed.
The hospital may continue to employ such employee pending the
performance of the record checks and any related evaluation.
3. In an evaluation, the department of human services
record check evaluation system shall consider the nature and
seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held, the time
elapsed since the commission of the crime or founded child
or dependent adult abuse, the circumstances under which the
crime or founded child or dependent adult abuse was committed,
the degree of rehabilitation, the likelihood that the person
will commit the crime or founded child or dependent adult
abuse again, and the number of crimes or founded child or
dependent adult abuses committed by the person involved. If
the department of human services record check evaluation system
performs an evaluation for the purposes of this section, the
department of human services record check evaluation system
has final authority in determining whether prohibition of the
-119-person’s employment is warranted.
4. a. Except as provided in subsection 1, paragraph “b”,
subsection 2, and paragraph “b” of this subsection, a person
who has committed a crime or has a record of founded child
or dependent adult abuse shall not be employed in a hospital
licensed under this chapter unless an evaluation has been
performed by the department of human services record check
evaluation system.
b. A person with a criminal or abuse record who is or was
employed by a hospital licensed under this chapter and is hired
by another hospital shall be subject to the criminal history
and abuse record checks required pursuant to subsection 1.
However, if an evaluation was previously performed by the
department of human services record check evaluation system
concerning the person’s criminal or abuse record and it was
determined that the record did not warrant prohibition of
the person’s employment and the latest record checks do not
indicate a crime was committed or founded abuse record was
entered subsequent to that evaluation, the person may commence
employment with the other hospital in accordance with the
department of human services’ record check evaluation system’s
evaluation and an exemption from the requirements in paragraph
“a” for reevaluation of the latest record checks is authorized.
Otherwise, the requirements of paragraph “a” remain applicable
to the person’s employment. Authorization of an exemption
under this paragraph “b” from requirements for reevaluation of
the latest record checks by the department of human services
record check evaluation system is subject to all of the
following provisions:
(1) The position with the subsequent employer is
substantially the same or has the same job responsibilities as
the position for which the previous evaluation was performed.
(2) Any restrictions placed on the person’s employment in
the previous evaluation by the department of human services
record check evaluation system shall remain applicable in the
-120-person’s subsequent employment.
(3) The person subject to the record checks has maintained a
copy of the previous evaluation and provides the evaluation to
the subsequent employer or the previous employer provides the
previous evaluation from the person’s personnel file pursuant
to the person’s authorization. If a physical copy of the
previous evaluation is not provided to the subsequent employer,
the record checks shall be reevaluated.
(4) Although an exemption under this lettered paragraph “b”
may be authorized, the subsequent employer may instead request
a reevaluation of the record checks and may employ the person
while the reevaluation is being performed.
5. a. If a person employed by a hospital that is subject
to this section is convicted of a crime or has a record of
founded child or dependent adult abuse entered in the abuse
registry after the person’s employment application date, the
person shall inform the hospital of such information within
forty-eight hours of the criminal conviction or entry of the
record of founded child or dependent adult abuse. The hospital
shall act to verify the information within seven calendar
days of notification. If the information is verified, the
requirements of subsections 2, 3, and 4 regarding employability
and evaluations shall be applied by the hospital to determine
whether or not the person’s employment is continued. The
hospital may continue to employ the person pending the
performance of an evaluation by the department of human
services record check evaluation system to determine whether
prohibition of the person’s employment is warranted. A person
who is required by this subsection to inform the person’s
employer of a conviction or entry of an abuse record and
fails to do so within the required period commits a serious
misdemeanor.
b. If a hospital receives credible information, as
determined by the hospital, that a person employed by the
hospital has been convicted of a crime or a record of founded
-121-child or dependent adult abuse has been entered in the
abuse registry after employment from a person other than the
employee and the employee has not informed the hospital of such
information within the period required under paragraph “a”, the
hospital shall act to verify the credible information within
seven calendar days of receipt of the credible information. If
the information is verified, the requirements of subsections
2, 3, and 4 regarding employability and evaluations shall
be applied by the hospital to determine whether or not the
person’s employment is continued.
c. The hospital may notify the county attorney for the
county where the hospital is located of any violation or
failure by an employee to notify the hospital of a criminal
conviction or entry of an abuse record within the period
required under paragraph “a”.
6. A hospital licensed in this state may access the single
contact repository established by the department pursuant to
section 135C.33 as necessary for the hospital to perform record
checks of persons employed or being considered for employment
by the hospital.
7. For the purposes of this section, “comprehensive
preliminary background check” means and “record check evaluation
system” mean the same as defined in section 135C.1.
Sec. 167. Section 135C.1, subsection 20, Code 2023, is
amended to read as follows:
20. “Residential care facility” means any institution,
place, building, or agency providing for a period exceeding
twenty-four consecutive hours accommodation, board, personal
assistance and other essential daily living activities to
three or more individuals, not related to the administrator or
owner thereof within the third degree of consanguinity, who by
reason of illness, disease, or physical or mental infirmity
are unable to sufficiently or properly care for themselves but
who do not require the services of a registered or licensed
practical nurse except on an emergency basis or who by reason
-122-of illness, disease, or physical or mental infirmity are unable
to sufficiently or properly care for themselves but who do not
require the services of a registered or licensed practical
nurse except on an emergency basis if home and community-based
services, other than nursing care, as defined by this chapter
and departmental rule, are provided. For the purposes of
this definition, the home and community-based services to be
provided are limited to the type included under the medical
assistance program provided pursuant to chapter 249A, are
subject to cost limitations established by the department
of health and human services under the medical assistance
program, and except as otherwise provided by the department of
inspections and appeals with the concurrence of the department
of health and human services, are limited in capacity to the
number of licensed residential care facilities and the number
of licensed residential care facility beds in the state as of
December 1, 2003.
Sec. 168. Section 135C.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 18A. “Record check evaluation system” means
the record check evaluation system of the department of health
and human services used to perform child and dependent adult
abuse record checks and to evaluate criminal history and abuse
records.
Sec. 169. Section 135C.4, subsection 3, Code 2023, is
amended to read as follows:
3. For the purposes of this section, the home and
community-based services to be provided shall be limited
to the type included under the medical assistance program
provided pursuant to chapter 249A, shall be subject to cost
limitations established by the department of health and human
services under the medical assistance program, and except
as otherwise provided by the department of inspections and
appeals with the concurrence of the department of health and
human services, shall be limited in capacity to the number of
-123-licensed residential care facilities and the number of licensed
residential care facility beds in the state as of December 1,
2003.
Sec. 170. Section 135C.6, subsections 8 and 9, Code 2023,
are amended to read as follows:
8. The following residential programs to which the
department of health and human services applies accreditation,
certification, or standards of review shall not be required to
be licensed as a health care facility under this chapter:
a. Residential programs providing care to not more than four
individuals and receiving moneys appropriated to the department
of health and human services under provisions of a federally
approved home and community-based services waiver for persons
with an intellectual disability or other medical assistance
program under chapter 249A. In approving a residential
program under this paragraph, the department of health and
human services shall consider the geographic location of the
program so as to avoid an overconcentration of such programs
in an area. In order to be approved under this paragraph,
a residential program shall not be required to involve the
conversion of a licensed residential care facility for persons
with an intellectual disability.
b. Not more than forty residential care facilities for
persons with an intellectual disability that are licensed to
serve not more than five individuals may be authorized by the
department of health and human services to convert to operation
as a residential program under the provisions of a medical
assistance home and community-based services waiver for persons
with an intellectual disability. A converted residential
program operating under this paragraph is subject to the
conditions stated in paragraph “a” except that the program shall
not serve more than five individuals.
c. A residential program approved by the department of
health and human services pursuant to this paragraph “c” to
receive moneys appropriated to the department of health and
-124- human services under provisions of a federally approved home
and community-based services habilitation or waiver program may
provide care to not more than five individuals. The department
shall approve a residential program under this paragraph that
complies with all of the following conditions:
(1) Approval of the program will not result in an
overconcentration of such programs in an area.
(2) The county in which the residential program is located
submits to the department of health and human services a letter
of support for approval of the program.
(3) The county in which the residential program is located
provides to the department of health and human services
verification in writing that the program is needed to address
one or more of the following:
(a) The quantity of services currently available in the
county is insufficient to meet the need.
(b) The quantity of affordable rental housing in the county
is insufficient.
(c) Implementation of the program will cause a reduction in
the size or quantity of larger congregate programs.
9. Contingent upon the department of health and human
services receiving federal approval, a residential program
which serves not more than eight individuals and is licensed as
an intermediate care facility for persons with an intellectual
disability may surrender the facility license and continue
to operate under a federally approved medical assistance
home and community-based services waiver for persons with an
intellectual disability, if the department of health and human
services has approved a plan submitted by the residential
program.
Sec. 171. Section 135C.14, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department shall, in accordance with chapter 17A and
with the approval of the state board of council on health
and human services, adopt and enforce rules setting minimum
-125-standards for health care facilities. In so doing, the
department, with the approval of the state board of council
on health and human services, may adopt by reference, with
or without amendment, nationally recognized standards and
rules, which shall be specified by title and edition, date
of publication, or similar information. The rules and
standards required by this section shall be formulated in
consultation with the director of health and human services or
the director’s designee, with the state fire marshal, and with
affected industry, professional, and consumer groups, and shall
be designed to further the accomplishment of the purposes of
this chapter and shall relate to:
Sec. 172. Section 135C.16, subsection 3, Code 2023, is
amended to read as follows:
3. An authorized representative of the department may
enter any licensed health care facility without a warrant,
and may examine all records pertaining to the care provided
residents of the facility. An authorized representative of the
department may contact or interview any resident, employee, or
any other person who might have knowledge about the operation
of a health care facility. An authorized representative of the
department of health and human services shall have the same
right with respect to any facility where one or more residents
are cared for entirely or partially at public expense, and an
authorized representative of the designated protection and
advocacy agency shall have the same right with respect to
any facility where one or more residents have developmental
disabilities or mental illnesses, and the state fire marshal
or a deputy appointed pursuant to section 135C.9, subsection
1, paragraph “b”, shall have the same right of entry into any
facility and the right to inspect any records pertinent to
fire safety practices and conditions within that facility, and
an authorized representative of the office of long-term care
ombudsman shall have the same right with respect to any nursing
facility or residential care facility. If any such authorized
-126-representative has probable cause to believe that any
institution, building, or agency not licensed as a health care
facility is in fact a health care facility as defined by this
chapter, and upon producing identification that the individual
is an authorized representative is denied entry thereto to
the facility for the purpose of making an inspection, the
authorized representative may, with the assistance of the
county attorney of the county in which the purported health
care facility is located, apply to the district court for an
order requiring the owner or occupant to permit entry and
inspection of the premises to determine whether there have been
any violations of this chapter.
Sec. 173. Section 135C.17, Code 2023, is amended to read as
follows:
135C.17 Duties of other departments.
It shall be the duty of the department of health and
human services, state fire marshal, office of long-term care
ombudsman, and the officers and agents of other state and local
governmental units, and the designated protection and advocacy
agency to assist the department in carrying out the provisions
of this chapter, insofar as the functions of these respective
offices and departments are concerned with the health, welfare,
and safety of any resident of any health care facility. It
shall be the duty of the department to cooperate with the
protection and advocacy agency and the office of long-term
care ombudsman by responding to all reasonable requests for
assistance and information as required by federal law and this
chapter.
Sec. 174. Section 135C.19, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. A copy of each citation required to be posted by this
subsection shall be sent by the department to the department
of health and human services, to the designated protection
and advocacy agency if the facility has one or more residents
with developmental disabilities or mental illness, and to the
-127-office of long-term care ombudsman if the facility is a nursing
facility or residential care facility.
Sec. 175. Section 135C.19, subsection 3, Code 2023, is
amended to read as follows:
3. If the facility cited subsequently advises the
department of health and human services that the violation
has been corrected to the satisfaction of the department of
inspections and appeals, the department of health and human
services shall maintain this advisory in the same file with
the copy of the citation. The department of health and human
services shall not disseminate to the public any information
regarding citations issued by the department of inspections and
appeals, but shall forward or refer inquiries to the department
of inspections and appeals.
Sec. 176. Section 135C.20A, subsection 2, Code 2023, is
amended to read as follows:
2. The report card form shall be developed by the department
in cooperation with representatives of the department on
aging of health and human services, the state long-term care
ombudsman, representatives of certified volunteer long-term
care ombudsmen, representatives of protection and advocacy
entities, consumers, and other interested persons.
Sec. 177. Section 135C.22, Code 2023, is amended to read as
follows:
135C.22 Applicable to governmental units.
The provisions of this chapter shall be applicable to
institutions operated by or under the control of the department
of health and human services, the state board of regents, or
any other governmental unit.
Sec. 178. Section 135C.31A, Code 2023, is amended to read
as follows:
135C.31A Assessment of residents — program eligibility —
prescription drug coverage.
1. A health care facility shall assist the Iowa department
of veterans affairs in identifying, upon admission of a
-128-resident, the resident’s eligibility for benefits through the
United States department of veterans affairs. The department
of inspections and appeals, in cooperation with the department
of health and human services, shall adopt rules to administer
this section, including a provision that ensures that if a
resident is eligible for benefits through the United States
department of veterans affairs or other third-party payor,
the payor of last resort for reimbursement to the health care
facility is the medical assistance program. The rules shall
also require the health care facility to request information
from a resident or resident’s personal representative regarding
the resident’s veteran status and to report to the Iowa
department of veterans affairs only the names of residents
identified as potential veterans along with the names of their
spouses and any dependents. Information reported by the
health care facility shall be verified by the Iowa department
of veterans affairs. This section shall not apply to the
admission of an individual to a state mental health institute
for acute psychiatric care or to the admission of an individual
to the Iowa veterans home.
2. a. If a resident is identified, upon admission to a
health care facility, as eligible for benefits through the
United States department of veterans affairs pursuant to
subsection 1 or through other means, the health care facility
shall allow the resident to access any prescription drug
benefit included in such benefits for which the resident is
also eligible. The health care facility shall also assist the
Iowa department of veterans affairs in identifying individuals
residing in such health care facilities on July 1, 2009, who
are eligible for the prescription drug benefit.
b. The department of inspections and appeals, the department
of veterans affairs, and the department of health and human
services shall identify any barriers to residents in accessing
such prescription drug benefits and shall assist health
care facilities in adjusting their procedures for medication
-129-administration to comply with this subsection.
Sec. 179. Section 135C.33, Code 2023, is amended to read as
follows:
135C.33 Employees and certified nurse aide trainees — child
or dependent adult abuse information and criminal record check
options — evaluations — application to other providers —
penalty.
1. a. For the purposes of this section, the term “crime”
does not include offenses under chapter 321 classified as a
simple misdemeanor or equivalent simple misdemeanor offenses
from another jurisdiction.
b. Prior to employment of a person in a facility or with a
provider as specified in subsection 5, the facility or provider
shall do one of the following:
(1) Request that the department of public safety perform a
criminal history check and the record check evaluation system
of the department of health and human services perform child
and dependent adult abuse record checks of the person in this
state.
(2) Access the single contact repository to perform the
required record checks.
c. (1) If a facility or a provider as specified in
subsection 5 accesses the single contact repository to perform
the required record checks pursuant to paragraph “b”, the
facility or provider may utilize a third-party vendor to
perform a comprehensive preliminary background check and
provisionally employ a person being considered for employment
pending completion of the required record checks through
the single contact repository and the evaluation by the
department of human services record check evaluation system, as
applicable, subject to all of the following:
(a) If the comprehensive preliminary background check
determines that the person being considered for employment has
been convicted of a crime, but the crime does not constitute a
felony as defined in section 701.7 and is not a crime specified
-130-pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
712, or pursuant to section 726.3, 726.27, or 726.28.
(b) If the comprehensive preliminary background check
determines the person being considered for employment does not
have a record of founded child abuse or dependent adult abuse
or if an exception pursuant to subsection 4 is applicable to
the person.
(c) If the facility or provider has requested an evaluation
in accordance with subsection 2, paragraph “a”, to determine
whether the crime warrants prohibition of the person’s
employment in the facility or with the provider.
(2) The provisional employment under this paragraph “c”
may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
d. A facility or provider shall inform all persons prior
to employment regarding the performance of the record checks
and shall obtain, from the persons, a signed acknowledgment of
the receipt of the information. A facility or provider shall
include the following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime other than a simple
misdemeanor offense relating to motor vehicles and laws of the
road under chapter 321 or equivalent provisions, in this state
or any other state?
2. a. If it is determined that a person being considered
for employment in a facility or with a provider has been
convicted of a crime under a law of any state, the department
of public safety shall notify the facility or provider that
upon the request of the facility or provider the department of
human services record check evaluation system will perform an
evaluation to determine whether the crime warrants prohibition
of the person’s employment in the facility or with the
provider.
-131- b. (1) If a person being considered for employment, other
than employment involving the operation of a motor vehicle, has
been convicted of a crime listed in subparagraph (2) but does
not have a record of founded child or dependent adult abuse
and the facility or provider has requested an evaluation in
accordance with paragraph “a” to determine whether the crime
warrants prohibition of the person’s employment, the facility
or provider may employ the person for not more than sixty
calendar days pending completion of the evaluation.
(2) Subparagraph (1) applies to a crime that is a simple
misdemeanor offense under section 123.47, and to a crime
that is a first offense of operating a motor vehicle while
intoxicated under section 321J.2, subsection 1.
c. If a department of human services record check evaluation
system child or dependent adult abuse record check shows
that such person has a record of founded child or dependent
adult abuse, the department of human services record check
evaluation system shall notify the facility or provider that
upon the request of the facility or provider the department of
human services record check evaluation system will perform an
evaluation to determine whether the founded child or dependent
adult abuse warrants prohibition of employment in the facility
or with the provider.
d. An evaluation performed under this subsection shall
be performed in accordance with procedures adopted for this
purpose by the department of health and human services.
e. (1) If a person owns or operates more than one facility
or a provider owns or operates more than one location, and
an employee of one of such facilities or provider locations
is transferred to another such facility or provider location
without a lapse in employment, the facility or provider is not
required to request additional criminal and child and dependent
adult abuse record checks of that employee.
(2) If the ownership of a facility or provider is
transferred, at the time of transfer the record checks required
-132-by this section shall be performed for each employee for whom
there is no documentation that such record checks have been
performed. The facility or provider may continue to employ
such employee pending the performance of the record checks and
any related evaluation.
3. In an evaluation, the department of human services
record check evaluation system shall consider the nature and
seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held, the time
elapsed since the commission of the crime or founded child
or dependent adult abuse, the circumstances under which the
crime or founded child or dependent adult abuse was committed,
the degree of rehabilitation, the likelihood that the person
will commit the crime or founded child or dependent adult
abuse again, and the number of crimes or founded child or
dependent adult abuses committed by the person involved. If
the department of human services record check evaluation system
performs an evaluation for the purposes of this section, the
department of human services record check evaluation system
has final authority in determining whether prohibition of the
person’s employment is warranted.
4. a. Except as provided in subsection 1, paragraph “c”,
subsection 2, and paragraph “b” of this subsection, a person
who has committed a crime or has a record of founded child or
dependent adult abuse shall not be employed in a facility or
with a provider unless an evaluation has been performed by the
department of human services record check evaluation system.
b. A person with a criminal or abuse record who is or was
employed by a facility or provider and is hired by another
facility or provider shall be subject to the criminal history
and abuse record checks required pursuant to subsection 1.
However, if an evaluation was previously performed by the
department of human services record check evaluation system
concerning the person’s criminal or abuse record and it was
determined that the record did not warrant prohibition of
-133-the person’s employment and the latest record checks do not
indicate a crime was committed or founded abuse record was
entered subsequent to that evaluation, the person may commence
employment with the other facility or provider in accordance
with the department of human services’ record check evaluation
system’s evaluation and an exemption from the requirements in
paragraph “a” for reevaluation of the latest record checks
is authorized. Otherwise, the requirements of paragraph “a”
remain applicable to the person’s employment. Authorization
of an exemption under this paragraph “b” from requirements for
reevaluation of the latest record checks by the department of
human services record check evaluation system is subject to all
of the following provisions:
(1) The position with the subsequent employer is
substantially the same or has the same job responsibilities as
the position for which the previous evaluation was performed.
(2) Any restrictions placed on the person’s employment in
the previous evaluation by the department of human services
record check evaluation system shall remain applicable in the
person’s subsequent employment.
(3) The person subject to the record checks has maintained a
copy of the previous evaluation and provides the evaluation to
the subsequent employer or the previous employer provides the
previous evaluation from the person’s personnel file pursuant
to the person’s authorization. If a physical copy of the
previous evaluation is not provided to the subsequent employer,
the record checks shall be reevaluated.
(4) Although an exemption under this paragraph “b” may
be authorized, the subsequent employer may instead request a
reevaluation of the record checks and may employ the person
while the reevaluation is being performed.
5. a. This section shall also apply to prospective
employees of all of the following, if the provider is regulated
by the state or receives any state or federal funding:
(1) An employee of a homemaker-home health aide, home care
-134-aide, adult day services, or other provider of in-home services
if the employee provides direct services to consumers.
(2) An employee of a hospice, if the employee provides
direct services to consumers.
(3) An employee who provides direct services to consumers
under a federal home and community-based services waiver.
(4) An employee of an elder group home certified under
chapter 231B, if the employee provides direct services to
consumers.
(5) An employee of an assisted living program certified
under chapter 231C, if the employee provides direct services
to consumers.
b. In substantial conformance with the provisions of this
section, including the provision authorizing provisional
employment following completion of a comprehensive preliminary
background check, prior to the employment of such an employee,
the provider shall request the performance of the criminal
and child and dependent adult abuse record checks. The
provider shall inform the prospective employee and obtain the
prospective employee’s signed acknowledgment. The department
of human services record check evaluation system shall perform
the evaluation of any criminal record or founded child or
dependent adult abuse record and shall make the determination
of whether a prospective employee of a provider shall not be
employed by the provider.
6. a. This section shall also apply to an employee of
a temporary staffing agency that provides staffing for a
facility, service, program, or other provider regulated by this
section if the employee provides direct services to consumers.
b. In substantial conformance with the provisions of this
section, including the provision authorizing provisional
employment following completion of a comprehensive preliminary
background check, prior to the employment of such an employee,
the temporary staffing agency shall request the performance of
the criminal and child and dependent adult abuse record checks.
-135-The temporary staffing agency shall inform the prospective
employee and obtain the prospective employee’s signed
acknowledgment. The department of human services record check
evaluation system shall perform the evaluation of any criminal
record or founded child or dependent adult abuse record
and shall make the determination of whether a prospective
employee of a temporary staffing agency shall not be employed
by the assisted living program as defined in section 231C.2,
the Medicare certified home health agency, or the facility,
service, program, or other provider regulated by this section.
c. If a person employed by a temporary staffing agency that
is subject to this section is convicted of a crime or has a
record of founded child or dependent adult abuse entered in the
abuse registry after the person’s employment application date,
the person shall inform the temporary staffing agency within
forty-eight hours and the temporary staffing agency shall
inform the facility, service, program, or other provider within
two hours.
d. If a temporary staffing agency fails to comply with the
requirements of this section, the temporary staffing agency
shall be liable to the facility, service, program, or other
provider for any actual damages, including civil penalties, and
reasonable attorney fees.
e. This section shall not apply to employees employed by a
temporary staffing agency for a position that does not provide
direct services to consumers.
7. a. The department of inspections and appeals, in
conjunction with other departments and agencies of state
government involved with criminal history and abuse registry
information, shall establish a single contact repository for
facilities and other providers to have electronic access to
data to perform background checks for purposes of employment,
as required of the facilities and other providers under this
section.
b. The department may access the single contact repository
-136-for any of the following purposes:
(1) To verify data transferred from the department’s nurse
aide registry to the repository.
(2) To conduct record checks of applicants for employment
with the department.
8. a. If a person employed by a facility, service, or
program employer that is subject to this section is convicted
of a crime or has a record of founded child or dependent
adult abuse entered in the abuse registry after the person’s
employment application date, the person shall inform the
employer of such information within forty-eight hours of the
criminal conviction or entry of the record of founded child or
dependent adult abuse. The employer shall act to verify the
information within seven calendar days of notification. If
the information is verified, the requirements of subsections
2, 3, and 4 regarding employability and evaluations shall
be applied by the employer to determine whether or not the
person’s employment is continued. The employer may continue to
employ the person pending the performance of an evaluation by
the department of human services record check evaluation system
to determine whether prohibition of the person’s employment
is warranted. A person who is required by this subsection to
inform the person’s employer of a conviction or entry of an
abuse record and fails to do so within the required period
commits a serious misdemeanor.
b. If a facility, service, or program employer receives
credible information, as determined by the employer, that a
person employed by the employer has been convicted of a crime
or a record of founded child or dependent adult abuse has been
entered in the abuse registry after employment from a person
other than the employee and the employee has not informed
the employer of such information within the period required
under paragraph “a”, the employer shall act to verify the
credible information within seven calendar days of receipt of
the credible information. If the information is verified, the
-137-requirements of subsections 2, 3, and 4 regarding employability
and evaluations shall be applied to determine whether or not
the person’s employment is continued.
c. The employer may notify the county attorney for the
county where the employer is located of any violation or
failure by an employee to notify the employer of a criminal
conviction or entry of an abuse record within the period
required under paragraph “a”.
9. a. For the purposes of this subsection, unless the
context otherwise requires:
(1) “Certified nurse aide training program” means a program
approved in accordance with the rules for such programs adopted
by the department of health and human services for the training
of persons seeking to be a certified nurse aide for employment
in any of the facilities or programs this section applies to or
in a hospital, as defined in section 135B.1.
(2) “Student” means a person applying for, enrolled in, or
returning to a certified nurse aide training program.
b. (1) Prior to a student beginning or returning to a
certified nurse aide training program, the program shall do one
of the following:
(a) Request that the department of public safety perform
a criminal history check and the department of human services
record check evaluation system perform child and dependent
adult abuse record checks, in this state, of the student.
(b) Access the single contact repository to perform the
required record checks.
(2) If a program accesses the single contact repository to
perform the required record checks pursuant to subparagraph
(1), the program may utilize a third-party vendor to perform a
comprehensive preliminary background check to allow a person
to provisionally participate in the clinical component of the
certified nurse aide training program pending completion of the
required record checks through the single contact repository
and the evaluation by the department of human services record
-138-check evaluation system, as applicable, subject to all of the
following:
(a) If the comprehensive preliminary background check
determines that the person being considered for provisional
participation has been convicted of a crime but the crime does
not constitute a felony as defined in section 701.7 and is not
a crime specified pursuant to chapter 708, 708A, 709, 709A,
710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
or 726.28.
(b) If the comprehensive preliminary background check
determines the person being considered for provisional
participation does not have a record of founded child abuse or
dependent adult abuse or if an exception pursuant to subsection
4 is applicable to the person.
(c) If the program has requested an evaluation in accordance
with subsection 2, paragraph “a”, to determine whether the crime
warrants prohibition of the person’s provisional participation.
(d) The provisional participation under this subparagraph
(2) may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
c. If a student has a criminal record or a record of
founded child or dependent adult abuse, the student shall
not be involved in a clinical education component of the
certified nurse aide training program involving children or
dependent adults unless an evaluation has been performed by the
department of human services record check evaluation system.
Upon request of the certified nurse aide training program, the
department of human services record check evaluation system
shall perform an evaluation to determine whether the record
warrants prohibition of the student’s involvement in a clinical
education component of the certified nurse aide training
program involving children or dependent adults. The evaluation
shall be performed in accordance with the criteria specified in
-139-subsection 3, and the department of human services record check
evaluation system shall report the results of the evaluation
to the certified nurse aide training program. The department
of human services record check evaluation system has final
authority in determining whether prohibition of the student’s
involvement in the clinical education component is warranted.
d. (1) If a student’s clinical education component of the
training program involves children or dependent adults but
does not involve operation of a motor vehicle, and the student
has been convicted of a crime listed in subparagraph (2), but
does not have a record of founded child or dependent adult
abuse, and the training program has requested an evaluation in
accordance with paragraph “c” to determine whether the crime
warrants prohibition of the student’s involvement in such
clinical education component, the training program may allow
the student’s participation in the component for not more than
sixty days pending completion of the evaluation.
(2) Subparagraph (1) applies to a crime that is a simple
misdemeanor offense under section 123.47, and to a crime
that is a first offense of operating a motor vehicle while
intoxicated under section 321J.2, subsection 1.
e. (1) If a student is convicted of a crime or has a
record of founded child or dependent adult abuse entered in the
abuse registry after the record checks and any evaluation have
been performed, the student shall inform the certified nurse
aide training program of such information within forty-eight
hours of the criminal conviction or entry of the record of
founded child or dependent adult abuse. The program shall
act to verify the information within seven calendar days of
notification. If the information is verified, the requirements
of paragraph “c” shall be applied by the program to determine
whether or not the student’s involvement in a clinical
education component may continue. The program may allow
the student involvement to continue pending the performance
of an evaluation by the department of human services record
-140-check evaluation system. A student who is required by this
subparagraph to inform the program of a conviction or entry of
an abuse record and fails to do so within the required period
commits a serious misdemeanor.
(2) If a program receives credible information, as
determined by the program, that a student has been convicted
of a crime or a record of founded child or dependent adult
abuse has been entered in the abuse registry after the record
checks and any evaluation have been performed, from a person
other than the student and the student has not informed the
program of such information within the period required under
subparagraph (1), the program shall act to verify the credible
information within seven calendar days of receipt of the
credible information. If the information is verified, the
requirements of paragraph “c” shall be applied to determine
whether or not the student’s involvement in a clinical
education component may continue.
(3) The program may notify the county attorney for the
county where the program is located of any violation or failure
by a student to notify the program of a criminal conviction
or entry of an abuse record within the period required under
subparagraph (1).
f. If a certified nurse aide training program is conducted
by a health care facility and a student of that program
subsequently accepts and begins employment with the facility
within thirty days of completing the program, the criminal
history and abuse registry checks of the student performed
pursuant to this subsection shall be deemed to fulfill the
requirements for such checks prior to employment pursuant to
subsection 1.
Sec. 180. Section 135D.2, subsections 3 and 13, Code 2023,
are amended to read as follows:
3. “Department” means the department of public health and
human services.
13. “Iowa Medicaid enterprise program” means the centralized
-141- medical assistance program infrastructure, based on a business
enterprise model, and designed to foster collaboration among
all program stakeholders by focusing on quality, integrity, and
consistency as defined in section 249A.2.
Sec. 181. Section 135D.6, subsection 2, Code 2023, is
amended to read as follows:
2. A single industry shall not be disproportionately
represented as voting members of the board. The board shall
include at least one member who is a consumer of health
services and a majority of the voting members of the board
shall be representative of participants in the Iowa health
information network. The director of public health and human
services or the director’s designee and the director of the
Iowa Medicaid enterprise program or the director’s designee
shall act as voting members of the board. The commissioner
of insurance shall act as an ex officio, nonvoting member of
the board. Individuals serving in an ex officio, nonvoting
capacity shall not be included in the total number of
individuals authorized as members of the board.
Sec. 182. Section 135D.6, subsection 3, paragraph f, Code
2023, is amended to read as follows:
f. Provide an annual budget and fiscal report for the Iowa
health information network to the governor, the department of
public health and human services, the department of management,
the chairs and ranking members of the legislative government
oversight standing committees, and the legislative services
agency. The report shall also include information about the
services provided through the network and information on the
participant usage of the network.
Sec. 183. Section 135G.10, Code 2023, is amended to read as
follows:
135G.10 Rules.
1. The department of inspections and appeals and the
department of health and human services shall collaborate
in establishing standards for licensing of subacute care
-142-facilities to achieve all of the following objectives:
a. Subacute mental health services are provided based on
sound, proven clinical practice.
b. Subacute mental health services are established in a
manner that allows the services to be included in the federal
medical assistance state plan.
2. It is the intent of the general assembly that subacute
mental health services be included in the Medicaid state
plan adopted for the implementation of the federal Patient
Protection and Affordable Care Act, benchmark plan.
3. The department of inspections and appeals, in
consultation with the department of health and human services
and affected professional groups, shall adopt and enforce rules
setting out the standards for a subacute care facility and the
rights of the residents admitted to a subacute care facility.
The department of inspections and appeals and the department
of health and human services shall coordinate the adoption of
rules and the enforcement of the rules in order to prevent
duplication of effort by the departments and of requirements of
the licensee.
Sec. 184. Section 135G.11, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of a complaint made in accordance with
subsection 1, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a subacute care facility or
a licensee or is without reasonable basis, it shall within
twenty working days of receipt of the complaint make or cause
to be made an on-site inspection of the subacute care facility
which is the subject of the complaint. The department of
inspections and appeals may refer to the department of health
and human services any complaint received by the department
of inspections and appeals if the complaint applies to rules
adopted by the department of health and human services. The
complainant shall also be notified of the name, address, and
-143-telephone number of the designated protection and advocacy
agency if the alleged violation involves a facility with one
or more residents with a developmental disability or mental
illness. In any case, the complainant shall be promptly
informed of the result of any action taken by the department
in the matter.
Sec. 185. Section 135H.4, Code 2023, is amended to read as
follows:
135H.4 Licensure.
A person shall not establish, operate, or maintain a
psychiatric medical institution for children unless the person
obtains a license for the institution under this chapter and
either holds a license under section 237.3, subsection 2,
paragraph “a”, as a comprehensive residential facility for
children or holds a license under section 125.13, if the
facility provides substance abuse use disorder treatment.
Sec. 186. Section 135H.6, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. The department of health and human services has submitted
written approval of the application based on the department
of health and human services’ determination of need. The
department of health and human services shall identify the
location and number of children in the state who require the
services of a psychiatric medical institution for children.
Approval of an application shall be based upon the location
of the proposed psychiatric institution relative to the need
for services identified by the department of health and human
services and an analysis of the applicant’s ability to provide
services and support consistent with requirements under chapter
232, particularly regarding community-based treatment. If
the proposed psychiatric institution is not freestanding from
a facility licensed under chapter 135B or 135C, approval
under this paragraph shall not be given unless the department
of health and human services certifies that the proposed
psychiatric institution is capable of providing a resident with
-144-a living environment similar to the living environment provided
by a licensee which is freestanding from a facility licensed
under chapter 135B or 135C.
Sec. 187. Section 135H.6, subsections 2, 3, 4, and 5, Code
2023, are amended to read as follows:
2. The department of health and human services shall
not give approval to an application which would cause the
total number of beds licensed under this chapter for services
reimbursed by the medical assistance program under chapter 249A
to exceed four hundred thirty beds.
3. In addition to the beds authorized under subsection
2, the department of health and human services may establish
not more than thirty beds licensed under this chapter at the
state mental health institute at Independence. The beds shall
be exempt from the certificate of need requirement under
subsection 1, paragraph “d”.
4. The department of health and human services may give
approval to conversion of beds approved under subsection 2,
to beds which are specialized to provide substance abuse
use disorder treatment. However, the total number of beds
approved under subsection 2 and this subsection shall not
exceed four hundred thirty. Conversion of beds under this
subsection shall not require a revision of the certificate
of need issued for the psychiatric institution making the
conversion. Beds for children who do not reside in this state
and whose service costs are not paid by public funds in this
state are not subject to the limitations on the number of beds
and certificate of need requirements otherwise applicable under
this section.
5. A psychiatric institution licensed prior to July 1, 1999,
may exceed the number of beds authorized under subsection 2
if the excess beds are used to provide services funded from a
source other than the medical assistance program under chapter
249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
and subsection 2, the provision of services using those excess
-145-beds does not require a certificate of need or a review by the
department of health and human services.
Sec. 188. Section 135H.7, Code 2023, is amended to read as
follows:
135H.7 Personnel.
1. A person shall not be allowed to provide services in a
psychiatric institution if the person has a disease which is
transmissible to other persons through required contact in the
workplace, which presents a significant risk of infecting other
persons, which presents a substantial possibility of harming
other persons, or for which no reasonable accommodation can
eliminate the risk of infecting other persons.
2. a. If a person is being considered for licensure under
this chapter, or for employment involving direct responsibility
for a child or with access to a child when the child is alone,
by a licensed psychiatric institution, or if a person will
reside in a facility utilized by a licensee, and if the person
has been convicted of a crime or has a record of founded child
abuse, the department of human services record check evaluation
system and the licensee, for an employee of the licensee, shall
perform an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment, or
residence in the facility. The record check evaluation system
of the department of health and human services shall conduct
criminal and child abuse record checks in this state and may
conduct these checks in other states. The evaluation shall
be performed in accordance with procedures adopted for this
purpose by the department of health and human services.
b. If the department of human services record check
evaluation system determines that a person has committed a
crime or has a record of founded child abuse and is licensed,
employed by a psychiatric institution licensed under this
chapter, or resides in a licensed facility, the department
record check evaluation system shall notify the program
that an evaluation will be conducted to determine whether
-146-prohibition of the person’s licensure, employment, or residence
is warranted.
c. In an evaluation, the department of human services
record check evaluation system and the licensee for an employee
of the licensee shall consider the nature and seriousness of
the crime or founded child abuse in relation to the position
sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which
the crime or founded child abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the
crime or founded child abuse again, and the number of crimes
or founded child abuses committed by the person involved.
The department record check evaluation system may permit a
person who is evaluated to be licensed, employed, or to reside,
or to continue to be licensed, employed, or to reside in a
licensed facility, if the person complies with the department’s
record check evaluation system’s conditions relating to the
person’s licensure, employment, or residence, which may include
completion of additional training. For an employee of a
licensee, these conditional requirements shall be developed
with the licensee. The department of human services record
check evaluation system has final authority in determining
whether prohibition of the person’s licensure, employment,
or residence is warranted and in developing any conditional
requirements under this paragraph.
3. If the department of human services record check
evaluation system determines that the person has committed a
crime or has a record of founded child abuse which warrants
prohibition of licensure, employment, or residence, the
person shall not be licensed under this chapter to operate
a psychiatric institution and shall not be employed by a
psychiatric institution or reside in a facility licensed under
this chapter.
4. In addition to the record checks required under
subsection 2, the department of human services record check
-147-evaluation system may conduct dependent adult abuse record
checks in this state and may conduct these checks in other
states, on a random basis. The provisions of subsections 2 and
3, relative to an evaluation following a determination that a
person has been convicted of a crime or has a record of founded
child abuse, shall also apply to a random dependent adult abuse
record check conducted under this subsection.
5. Beginning July 1, 1994, a A licensee shall inform all new
applicants for employment of the possibility of the performance
of a record check and shall obtain, from the applicant, a
signed acknowledgment of the receipt of the information.
6. On or after July 1, 1994, a A licensee shall include the
following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
Sec. 189. Section 135H.10, Code 2023, is amended to read as
follows:
135H.10 Rules.
1. The department of inspections and appeals, in
consultation with the department of health and human services
and affected professional groups, shall adopt and enforce rules
setting out the standards for a psychiatric medical institution
for children and the rights of the residents admitted to
a psychiatric institution. The department of inspections
and appeals and the department of health and human services
shall coordinate the adoption of rules and the enforcement of
the rules in order to prevent duplication of effort by the
departments and of requirements of the licensee.
2. This chapter shall not be construed as prohibiting the
use of funds appropriated for foster care to provide payment
to a psychiatric medical institution for children for the
financial participation required of a child whose foster care
placement is in a psychiatric medical institution for children.
In accordance with established policies and procedures for
-148-foster care, the department of health and human services shall
act to recover any such payment for financial participation,
apply to be named payee for the child’s unearned income, and
recommend parental liability for the costs of a court-ordered
foster care placement in a psychiatric medical institution.
Sec. 190. Section 135H.12, subsection 1, Code 2023, is
amended to read as follows:
1. Upon receipt of a complaint made in accordance with
section 135H.11, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a psychiatric institution or
a licensee or is without reasonable basis, it shall within
twenty working days of receipt of the complaint make or cause
to be made an on-site inspection of the psychiatric institution
which is the subject of the complaint. The department of
inspections and appeals may refer to the department of health
and human services any complaint received by the department
if the complaint applies to rules adopted by the department
of health and human services. The complainant shall also
be notified of the name, address, and telephone number of
the designated protection and advocacy agency if the alleged
violation involves a facility with one or more residents with
developmental disabilities or mental illness. In any case, the
complainant shall be promptly informed of the result of any
action taken by the department in the matter.
Sec. 191. Section 135J.7, Code 2023, is amended to read as
follows:
135J.7 Rules.
Except as otherwise provided in this chapter, the department
shall adopt rules pursuant to chapter 17A necessary to
implement this chapter, subject to approval of the state board
of council on health and human services. Formulation of the
rules shall include consultation with Iowa hospice organization
representatives and other persons affected by this chapter.
Sec. 192. Section 135L.1, subsection 3, Code 2023, is
-149-amended to read as follows:
3. “Child-placing agency” means any agency, public,
semipublic, or private, which represents itself as placing
children, receiving children for placement, or actually
engaging in placement of children and includes the department
of health and human services.
Sec. 193. Section 135L.2, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Information regarding the options described in the
video including information regarding the agencies and programs
available to provide assistance to the pregnant minor in
parenting a child; information relating to adoption including
but not limited to information regarding child-placing
agencies; and information regarding abortion including but not
limited to the legal requirements relative to the performance
of an abortion on a pregnant minor. The information provided
shall include information explaining that if a pregnant
minor decides to continue the pregnancy to term and to retain
parental rights, the father of the child is liable for the
support of the child and that if the pregnant minor seeks
public assistance on behalf of the child, the pregnant minor
shall, and if the pregnant minor is not otherwise eligible as
a public assistance recipient, the pregnant minor may, seek
the assistance of the child support recovery unit services in
establishing the paternity of the child, and in seeking support
payments for a reasonable amount of the costs associated with
the pregnancy, medical support, and maintenance from the father
of the child, or if the father is a minor, from the parents of
the minor father. The information shall include a listing of
the agencies and programs and the services available from each.
Sec. 194. Section 135L.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The video shall be available through the state and local
offices of the Iowa department of public health, the department
of health and human services, and the judicial branch and
-150-through the office of each licensed physician who performs
abortions.
Sec. 195. Section 135L.3, subsection 3, paragraph m,
subparagraph (4), Code 2023, is amended to read as follows:
(4) The pregnant minor declares that the pregnant minor
is a victim of child abuse pursuant to section 232.68, the
person responsible for the care of the child is a parent of
the child, and either the abuse has been reported pursuant to
the procedures prescribed in chapter 232, subchapter III, part
2, or a parent of the child is named in a report of founded
child abuse. The department of health and human services
shall maintain confidentiality under chapter 232 and shall not
release any information in response to a request for public
records, discovery procedures, subpoena, or any other means,
unless the release of information is expressly authorized by
the pregnant minor regarding the pregnant minor’s pregnancy and
abortion, if the abortion is obtained. A person who knowingly
violates the confidentiality provisions of this subparagraph is
guilty of a serious misdemeanor.
Sec. 196. Section 135L.8, Code 2023, is amended to read as
follows:
135L.8 Adoption of rules — implementation and documents.
The Iowa department of public health and human services
shall adopt rules to implement the notification procedures
pursuant to this chapter including but not limited to rules
regarding the documents necessary for notification of a parent
or grandparent of a pregnant minor who is designated to receive
notification under this chapter.
Sec. 197. Section 135M.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the Iowa department of public health
and human services.
Sec. 198. Section 136A.1, Code 2023, is amended to read as
follows:
136A.1 Purpose.
-151- To reduce and avoid adverse health conditions of inhabitants
of the state, the Iowa department of public health shall
initiate, conduct, and supervise screening and health care
programs in order to detect and predict congenital or inherited
disorders. The department shall assist in the translation and
integration of genetic and genomic advances into public health
services to improve health outcomes throughout the life span of
the inhabitants of the state.
Sec. 199. Section 136A.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the Iowa department of public health
and human services.
Sec. 200. Section 136A.3, Code 2023, is amended to read as
follows:
136A.3 Establishment of center for congenital Congenital and
inherited disorders — department duties.
A center for congenital and inherited disorders is
established within the department. The center department shall
do all of the following:
1. Initiate, conduct, and supervise statewide screening
programs for congenital and inherited disorders amenable to
population screening.
2. Initiate, conduct, and supervise statewide health care
programs to aid in the early detection, treatment, prevention,
education, and provision of supportive care related to
congenital and inherited disorders.
3. Develop specifications for and designate a central
laboratory in which tests conducted pursuant to the screening
programs provided for in subsection 1 will be performed.
4. Gather, evaluate, and maintain information related
to causes, severity, prevention, and methods of treatment
for congenital and inherited disorders in conjunction with
a central registry, screening programs, genetic health care
programs, and ongoing scientific investigations and surveys.
5. Perform surveillance and monitoring of congenital and
-152-inherited disorders to determine the occurrence and trends of
the disorders, to conduct thorough and complete epidemiological
surveys, to assist in the planning for and provision of
services to children with congenital and inherited disorders
and their families, and to identify environmental and genetic
risk factors for congenital and inherited disorders.
6. Provide information related to severity, causes,
prevention, and methods of treatment for congenital and
inherited disorders to the public, medical and scientific
communities, and health science disciplines.
7. Implement public education programs, continuing
education programs for health practitioners, and education
programs for trainees of the health science disciplines related
to genetics, congenital disorders, and inheritable disorders.
8. Participate in policy development to assure the
appropriate use and confidentiality of genetic information and
technologies to improve health and prevent disease.
9. Collaborate with state and local health agencies and
other public and private organizations to provide education,
intervention, and treatment for congenital and inherited
disorders and to integrate genetics and genomics advances into
public health activities and policies.
Sec. 201. Section 136A.3A, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A congenital and inherited disorders advisory committee
is established to assist the center for congenital and
inherited disorders and the department in the development of
programs that ensure the availability and access to quality
genetic and genomic health care services for all Iowans.
3. The advisory committee shall assist the center for
congenital and inherited disorders and the department in
designating the conditions to be included in the newborn
screening and in regularly evaluating the effectiveness and
appropriateness of the newborn screening.
Sec. 202. Section 136A.4, Code 2023, is amended to read as
-153-follows:
136A.4 Genetic health services.
The center department may initiate, conduct, and supervise
genetic health services for the inhabitants of the state,
including the provision of regional genetic consultation
clinics, comprehensive neuromuscular health care outreach
clinics, and other outreach services and clinics as established
by rule.
Sec. 203. Section 136A.5B, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In accordance with the duties prescribed in section 136A.3,
the center for congenital and inherited disorders department
shall collaborate with state and local health agencies
and other public and private organizations to develop and
publish or approve and publish informational materials to
educate and raise awareness of cytomegalovirus and congenital
cytomegalovirus among women who may become pregnant, expectant
parents, parents of infants, attending health care providers,
and others, as appropriate. The materials shall include
information regarding all of the following:
Sec. 204. Section 136A.5B, subsection 2, Code 2023, is
amended to read as follows:
2. An attending health care provider shall provide to a
pregnant woman during the first trimester of the pregnancy the
informational materials published under this section. The
center for congenital and inherited disorders department shall
make the informational materials available to attending health
care providers upon request.
Sec. 205. Section 136A.6, Code 2023, is amended to read as
follows:
136A.6 Central registry.
The center for congenital and inherited disorders department
shall maintain a central registry, or shall establish an
agreement with a designated contractor to maintain a central
registry, to compile, evaluate, retain, and disseminate
-154-information on the occurrence, prevalence, causes, treatment,
and prevention of congenital disorders. Congenital disorders
shall be considered reportable conditions in accordance with
rules adopted by the department and shall be abstracted and
maintained by the registry.
Sec. 206. Section 136A.7, Code 2023, is amended to read as
follows:
136A.7 Confidentiality.
The center for congenital and inherited disorders and
the department shall maintain the confidentiality of any
identifying information collected, used, or maintained pursuant
to this chapter in accordance with section 22.7, subsection 2.
Sec. 207. Section 136A.8, Code 2023, is amended to read as
follows:
136A.8 Rules.
The center for congenital and inherited disorders, with
assistance provided by the Iowa department of public health,
shall adopt rules pursuant to chapter 17A to administer this
chapter.
Sec. 208. Section 136B.1, subsection 1, Code 2023, is
amended to read as follows:
1. As used in this chapter, unless the context otherwise
requires, “department” means the Iowa department of public
health and human services.
Sec. 209. Section 136C.1, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the Iowa department of public health
and human services.
3. “Director” means the director of public health and human
services or the director’s designee.
Sec. 210. Section 136C.3, subsection 2, Code 2023, is
amended to read as follows:
2. Establish minimum training standards including
continuing education requirements, and administer examinations
and disciplinary procedures for operators of radiation machines
-155-and users of radioactive materials. A state of Iowa license
to practice medicine, osteopathic medicine, chiropractic,
podiatry, dentistry, dental hygiene, or veterinary medicine, or
licensure as a physician assistant pursuant to chapter 148C, or
certification by the dental board in dental radiography, or by
the board of podiatry in podiatric radiography, or enrollment
in a program or course of study approved by the Iowa department
of public health which includes the application of radiation to
humans satisfies the minimum training standards for operation
of radiation machines only.
Sec. 211. Section 137.102, Code 2023, is amended to read as
follows:
137.102 Definitions.
As used in this chapter unless the context otherwise
requires:
1. “City board” means a city board of health in existence
prior to July 1, 2010.
2. “City health department” refers to the personnel and
property under the jurisdiction of a city board in existence
prior to July 1, 2010.
3. “Council” means a city the council on health and human
services.
4. “County board” means a county board of health.
5. “County health department” refers to the personnel and
property under the jurisdiction of a county board.
6. “Director” means the director of public health and human
services.
7. “District” means any two or more geographically
contiguous counties.
8. “District board” means a board of health representing
at least two geographically contiguous counties formed with
approval of the state department in accordance with this
chapter, or any district board of health in existence prior to
July 1, 2010.
9. “District health department” refers to the personnel and
-156-property under the jurisdiction of a district board.
10. “Local board of health” means a city, county, or
district board of health.
11. “Officers” means a local board of health chairperson,
vice chairperson, and secretary, and other officers which may
be named at the discretion of the local board of health.
12. “State board” means the state board of health.
13. 12. “State department” or “department” means the Iowa
department of public health and human services.
Sec. 212. Section 137.104, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Make and enforce such reasonable rules and regulations not
inconsistent with law and the rules of the state board council
as may be necessary for the protection and improvement of the
public health.
Sec. 213. Section 137.104, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Rules of a city board shall become effective upon
approval by the city council and publication in a newspaper
having general circulation in the city.
Sec. 214. Section 137.104, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. By written agreement with the city council of any city
within its jurisdiction, enforce appropriate ordinances of the
city relating to public health.
Sec. 215. Section 137.105, subsection 1, paragraphs a and f,
Code 2023, are amended to read as follows:
a. All members of a city board shall be appointed by the
city council.
f. A local board of health member shall serve without
compensation, but may be reimbursed for necessary expenses in
accordance with rules established by the state board council
or the applicable jurisdiction.
Sec. 216. Section 137.107, Code 2023, is amended to read as
-157-follows:
137.107 Request reviewed by state department.
The state department shall review requests submitted
pursuant to section 137.106. The state department, upon
finding that all required elements are present, shall present
findings to the state board council. The state board council
may approve the formation of a district board and if the
formation is approved, shall notify the county boards from whom
the request was received.
Sec. 217. Section 137.114, Code 2023, is amended to read as
follows:
137.114 Withdrawal from district.
A county may withdraw from an existing district board upon
submission of a request for withdrawal to and approval by
the state department. The request shall include a plan to
reform its county board or join a different district board,
information specified in section 137.106, and approval of the
request by the district board and, at the recommendation of
the state department, the state board council. Any county
choosing to withdraw from the district board shall commit to
the continuity of services in its county by reestablishing
its county board or joining a different district board. The
remaining counties in the district shall submit an application
including the information specified in section 137.106 to the
state department for review as provided in section 137.107.
Sec. 218. Section 137.119, Code 2023, is amended to read as
follows:
137.119 Adoption of rules.
The state board of health council shall adopt rules to
implement this chapter. The department is vested with
discretionary authority to interpret the provisions of this
chapter.
Sec. 219. Section 137F.1, subsection 9, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
“Food establishment” means an operation that stores,
-158-prepares, packages, serves, vends, or otherwise provides food
for human consumption and includes a food service operation in
a salvage or distressed food operation, school, summer camp,
residential service substance abuse use disorder treatment
facility, halfway house substance abuse use disorder treatment
facility, correctional facility operated by the department of
corrections, or the state training school. “Food establishment”
does not include the following:
Sec. 220. Section 139A.2, Code 2023, is amended to read as
follows:
139A.2 Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Area quarantine” means prohibiting ingress and egress
to and from a building or buildings, structure or structures,
or other definable physical location, or portion thereof, to
prevent or contain the spread of a suspected or confirmed
quarantinable disease or to prevent or contain exposure to a
suspected or known chemical, biological, radioactive, or other
hazardous or toxic agent.
2. “Business” means and includes every trade, occupation,
or profession.
3. “Care provider” means an individual who is trained
and authorized by federal or state law to provide health
care services or services of any kind in the course of the
individual’s official duties, for compensation or in a
voluntary capacity, who is a health care provider, emergency
medical care provider as defined in section 147A.1, fire
fighter, or peace officer. “Care provider” also means an
individual who renders emergency care or assistance in an
emergency or due to an accident as described in section 613.17.
4. “Communicable disease” means any disease spread from
person to person or animal to person.
5. “Contagious or infectious disease” means hepatitis in
any form, meningococcal disease, AIDS or HIV as defined in
-159-section 141A.1, tuberculosis, and any other disease determined
to be life-threatening to a person exposed to the disease as
established by rules adopted by the department, based upon a
determination by the state epidemiologist and in accordance
with guidelines of the centers for disease control and
prevention of the United States department of health and human
services.
6. “Department” means the Iowa department of public health
and human services.
7. “Designated officer” means a person who is designated by
a department, agency, division, or service organization to act
as an infection control liaison officer.
8. “Director” means the director of health and human
services.
8. 9. “Exposure” means a specific eye, mouth, other mucous
membrane, nonintact skin, or parenteral contact with blood or
other potentially infectious bodily fluids.
9. 10. “Exposure-prone procedure” means a procedure
performed by a health care provider which presents a recognized
risk of percutaneous injury to the health care provider and
if such an injury occurs, the health care provider’s blood
is likely to contact a patient’s body cavity, subcutaneous
tissues, or mucous membranes, or an exposure-prone procedure as
defined by the centers for disease control and prevention of
the United States department of health and human services.
10. 11. “HBV” means hepatitis B virus.
11. 12. “Health care facility” means a health care facility
as defined in section 135C.1, an ambulatory surgical center,
or a clinic.
12. 13. “Health care provider” means a person licensed
to practice medicine and surgery, osteopathic medicine
and surgery, chiropractic, podiatry, nursing, dentistry,
optometry, or as a physician assistant, dental hygienist, or
acupuncturist.
13. 14. “HIV” means HIV as defined in section 141A.1.
-160- 14. 15. “Hospital” means hospital as defined in section
135B.1.
15. 16. “Isolation” means the separation of persons or
animals presumably or actually infected with a communicable
disease or who are disease carriers for the usual period of
communicability of that disease in such places, marked by
placards if necessary, and under such conditions as will
prevent the direct or indirect conveyance of the infectious
agent or contagion to susceptible persons.
16. 17. “Local board” means the local board of health.
17. 18. “Local department” means the local health
department.
18. 19. “Placard” means a warning sign to be erected and
displayed on the periphery of a quarantine area, forbidding
entry to or exit from the area.
19. 20. “Public health disaster” means public health
disaster as defined in section 135.140.
20. 21. “Quarantinable disease” means any communicable
disease designated by rule adopted by the department as
requiring quarantine or isolation to prevent its spread.
21. 22. “Quarantine” means the limitation of freedom
of movement of persons or animals that have been exposed to
a quarantinable disease within specified limits marked by
placards for a period of time equal to the longest usual
incubation period of the disease in such manner as to prevent
the spread of a quarantinable disease which affects people.
22. 23. “Reportable disease” means any disease designated
by rule adopted by the department requiring its occurrence to
be reported to an appropriate authority.
23. 24. “Sexually transmitted disease or infection”
means a disease or infection as identified by rules adopted
by the department, based upon a determination by the state
epidemiologist and in accordance with guidelines of the
centers for disease control and prevention of the United States
department of health and human services.
-161- 24. 25. “Significant exposure” means a situation in which
there is a risk of contracting disease through exposure to
a person’s infectious bodily fluids in a manner capable of
transmitting an infectious agent as determined by the centers
for disease control and prevention of the United States
department of health and human services and adopted by rule of
the department.
25. 26. “Terminal cleaning” means cleaning procedures
defined in the isolation guidelines issued by the centers for
disease control and prevention of the United States department
of health and human services.
Sec. 221. Section 139A.3, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. Notwithstanding paragraph “b”, information contained in
the report may be reported in public health records in a manner
which prevents the identification of any person or business
named in the report. If information contained in the report
concerns a business, information disclosing the identity of
the business may be released to the public when the state
epidemiologist or the director of public health determines such
a release of information necessary for the protection of the
health of the public.
Sec. 222. Section 139A.8, subsection 3, Code 2023, is
amended to read as follows:
3. Subject to the provision of subsection 4, the state board
of council on health and human services may modify or delete
any of the immunizations in subsection 2.
Sec. 223. Section 139A.8, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The exemptions under this subsection do not apply in
times of emergency or epidemic as determined by the state board
of council on health and human services and as declared by the
director of public health and human services.
Sec. 224. Section 139A.9, Code 2023, is amended to read as
follows:
-162- 139A.9 Forcible removal — isolation — quarantine.
The forcible removal and isolation or quarantine of any
infected person shall be accomplished according to the rules
and regulations of the local board or the rules of the state
board of council on health and human services.
Sec. 225. Section 141A.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Department” means the Iowa department of public health
and human services.
Sec. 226. Section 141A.2, subsection 6, Code 2023, is
amended to read as follows:
6. The department, with the approval of the state
board of council on health and human services, may conduct
epidemiological blinded and nonblinded studies to determine
the incidence and prevalence of HIV infection. Initiation
of any new epidemiological studies shall be contingent upon
the receipt of funding sufficient to cover all the costs
associated with the studies. The informed consent, reporting,
and counseling requirements of this chapter shall not apply to
blinded studies.
Sec. 227. Section 141A.4, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. All persons having a history of injecting drug abuse use
disorder.
Sec. 228. Section 141A.9, subsection 2, paragraph j, Code
2023, is amended to read as follows:
j. To employees of state correctional institutions subject
to the jurisdiction of the department of corrections, employees
of secure facilities for juveniles subject to the department
of health and human services, and employees of city and county
jails, if the employees have direct supervision over inmates of
those facilities or institutions in the exercise of the duties
prescribed pursuant to section 80.9B.
Sec. 229. Section 142.1, Code 2023, is amended to read as
follows:
-163- 142.1 Delivery of bodies.
The body of every person dying in a public asylum, hospital,
county care facility, penitentiary, or reformatory in this
state, or found dead within the state, or which is to be buried
at public expense in this state, except those buried under the
provisions of chapter 144C or 249, and which is suitable for
scientific purposes, shall be delivered to the medical college
of the state university, or some osteopathic or chiropractic
college or school located in this state, which has been
approved under the law regulating the practice of osteopathic
medicine or chiropractic; but no such body shall be delivered
to any such college or school if the deceased person expressed
a desire during the person’s last illness that the person’s
body should be buried or cremated, nor if such is the desire
of the person’s relatives. Such bodies shall be equitably
distributed among said colleges and schools according to their
needs for teaching anatomy in accordance with such rules as
may be adopted by the Iowa department of public health and
human services. The expense of transporting said bodies to
such college or school shall be paid by the college or school
receiving the same. If the deceased person has not expressed
a desire during the person’s last illness that the person’s
body should be buried or cremated and no person authorized to
control the deceased person’s remains under section 144C.5
requests the person’s body for burial or cremation, and if a
friend objects to the use of the deceased person’s body for
scientific purposes, said deceased person’s body shall be
forthwith delivered to such friend for burial or cremation at
no expense to the state or county. Unless such friend provides
for burial and burial expenses within five days, the body shall
be used for scientific purposes under this chapter.
Sec. 230. Section 142.2, Code 2023, is amended to read as
follows:
142.2 Furnished to physicians.
When there are more dead bodies available for use under
-164-section 142.1 than are desired by said colleges or schools, the
same may be delivered to physicians in the state for scientific
study under such rules as may be adopted by the Iowa department
of public health and human services.
Sec. 231. Section 142.3, Code 2023, is amended to read as
follows:
142.3 Notification of department.
Every county medical examiner, funeral director or embalmer,
and the managing officer of every public asylum, hospital,
county care facility, penitentiary, or reformatory, as soon
as any dead body shall come into the person’s custody which
may be used for scientific purposes as provided in sections
142.1 and 142.2, shall at once notify the nearest relative
or friend of the deceased, if known, and the Iowa department
of public health and human services, and hold such body
unburied for forty-eight hours. Upon receipt of notification,
the department shall issue verbal or written instructions
relative to the disposition to be made of said body. Complete
jurisdiction over said bodies is vested exclusively in the Iowa
department of public health and human services. No autopsy or
post mortem, except as are legally ordered by county medical
examiners, shall be performed on any of said bodies prior to
their delivery to the medical schools.
Sec. 232. Section 142.9, Code 2023, is amended to read as
follows:
142.9 Failure to deliver dead body.
Any person having the custody of the dead body of any human
being which is required to be delivered for scientific purposes
by this chapter, who shall fail to notify the Iowa department
of public health and human services of the existence of such
body, or fail to deliver the same in accordance with the
instructions of the department, shall be guilty of a simple
misdemeanor.
Sec. 233. Section 142A.2, Code 2023, is amended to read as
follows:
-165- 142A.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the division
of tobacco use prevention and control.
2. 1. “Commission” means the commission on tobacco use
prevention and control established in this chapter.
3. 2. “Community partnership” means a public agency or
nonprofit organization implementing the tobacco use prevention
and control initiative in a local area in accordance with this
chapter.
4. 3. “Department” means the Iowa department of public
health and human services.
5. 4. “Director” means the director of public health and
human services.
6. “Division” means the division of tobacco use prevention
and control of the Iowa department of public health,
established pursuant to this chapter.
7. 5. “Initiative” means the comprehensive tobacco use
prevention and control initiative established in this chapter.
8. 6. “Manufacturer” means manufacturer as defined in
section 453A.1.
9. 7. “Pregnant woman” means a female of any age who is
pregnant.
10. 8. “School-age youth” means a person attending school
in kindergarten through grade twelve.
11. 9. “Tobacco” means both cigarettes and tobacco products
as defined in section 453A.1.
12. 10. “Youth” means a person who is five through
twenty-four years of age.
Sec. 234. Section 142A.3, Code 2023, is amended to read as
follows:
142A.3 Tobacco use prevention and control — division —
commission — created.
1. The department shall establish, as a separate and
-166-distinct division within the department, a division of tobacco
use prevention and control. The division shall develop,
implement, and administer the initiative established in this
chapter and shall perform other duties as directed by this
chapter or as assigned by the director of public health.
2. A commission on tobacco use prevention and control
is established to develop policy, provide direction for
the initiative, and perform all other duties related to
the initiative and other tobacco use prevention and control
activities as directed by this chapter or referred to the
commission by the director of public health.
3. The membership of the commission shall include the
following voting members who shall serve three-year, staggered
terms:
a. Members, at least one of whom is a member of a racial
minority, to be appointed by the governor, subject to
confirmation by the senate pursuant to sections 2.32 and 69.19,
and consisting of the following:
(1) Three members who are active with nonprofit health
organizations that emphasize tobacco use prevention or who are
active as health services providers, at the local level.
(2) Three members who are active with health promotion
activities at the local level in youth education, nonprofit
services, or other activities relating to tobacco use
prevention and control.
b. Three voting members, to be selected by the participants
in the annual statewide youth summit of the initiative’s youth
program, who shall not be subject to section 69.16 or 69.16A.
However, the selection process shall provide for diversity
among the members and at least one of the youth members shall
be a female.
4. The commission shall also include the following ex
officio, nonvoting members:
a. Four members of the general assembly, with not more than
one member from each chamber being from the same political
-167-party. The majority leader of the senate and the minority
leader of the senate shall each appoint one of the senate
members. The majority leader of the house of representatives
and the minority leader of the house of representatives shall
each appoint one of the house members.
b. The presiding officer of the statewide youth executive
body, selected by the delegates to the statewide youth summit.
5. In addition to the members of the commission, the
following agencies, organizations, and persons shall each
assign a single liaison to the commission to provide assistance
to the commission in the discharge of the commission’s duties:
a. The department of education.
b. The drug policy coordinator director.
c. The department of justice, office of the attorney
general.
d. The department of human services.
6. Citizen members shall be reimbursed for actual and
necessary expenses incurred in performance of their duties.
Citizen members shall be paid a per diem as specified in
section 7E.6. Legislative members are eligible for per diem
and expenses as provided in section 2.10.
7. A member of the commission who is convicted of a crime
relating to tobacco, alcohol, or controlled substances is
subject to removal from the commission.
8. A vacancy on the commission other than for the youth
members shall be filled in the same manner as the original
appointment for the balance of the unexpired term. A youth
member vacancy shall be filled by the presiding officer of the
statewide executive body as selected by the delegates to the
statewide youth summit.
9. The commission shall elect a chairperson from among its
voting members and may select other officers from among its
voting members, as determined necessary by the commission.
The commission shall meet regularly as determined by the
commission, upon the call of the chairperson, or upon the call
-168-of a majority of the voting members.
10. The commission may designate an advisory council. The
commission shall determine the membership and representation
of the advisory council and members of the council shall serve
at the pleasure of the commission. The advisory council may
include representatives of health care provider groups, parent
groups, antitobacco advocacy programs and organizations,
research and evaluation experts, and youth organizers.
Sec. 235. Section 142A.4, Code 2023, is amended to read as
follows:
142A.4 Commission duties.
The commission shall do all of the following:
1. Develop and implement the comprehensive tobacco use
prevention and control initiative as provided in this chapter.
2. Provide a forum for the discussion, development, and
recommendation of public policy alternatives in the field of
tobacco use prevention and control.
3. Develop an educational component of the initiative.
Educational efforts provided through the school system shall be
developed in conjunction with the department of education.
4. Develop a plan for implementation of the initiative in
accordance with the purpose and intent specified in section
142A.1.
5. Provide for technical assistance, training, and other
support under the initiative.
6. Take actions to develop and implement a statewide
system for the initiative programs that are delivered through
community partnerships.
7. Manage and coordinate the provision of funding and other
moneys available to the initiative by combining all or portions
of appropriations or other revenues as authorized by law.
8. Assist with the linkage of the initiative with child
welfare and juvenile justice decategorization projects,
education programming, early childhood Iowa areas, and other
programs and services directed to youth at the state and
-169-community level.
9. a. Coordinate and respond to any requests from a
community partnership relating to any of the following:
(1) Removal of barriers to community partnership efforts.
(2) Pooling and redirecting of existing federal, state, or
other public or private funds available for purposes that are
consistent with the initiative.
(3) Seeking of federal waivers to assist community
partnership efforts.
b. In coordinating and responding to the requests, the
commission shall work with state agencies, the governor, and
the general assembly as necessary to address requests deemed
appropriate by the commission.
10. Adopt rules pursuant to chapter 17A as necessary for
the designation, governance, and oversight of the initiative
and the implementation of this chapter. The commission shall
provide for community partnership and youth program input in
the rules adoption process. The rules shall include but are
not limited to all of the following:
a. Performance indicators for initiative programs, community
partnerships, and the services provided under the auspices of
community partnerships. The performance indicators shall be
developed with input from communities.
b. Minimum standards to further the provision of equal
access to services.
11. Monitor and evaluate the effectiveness of performance
measures utilized under the initiative.
12. Submit a report to the governor and the general assembly
on a periodic basis, during the initial year of operation,
and on an annual basis thereafter, regarding the initiative,
including demonstrated progress based on performance
indicators. The commission shall report more frequently if
requested by the joint appropriations subcommittee that makes
recommendations concerning the commission’s budget. Beginning
July 1, 2005, the commission shall also perform a comprehensive
-170-review of the initiative and shall submit a report of its
findings to the governor and the general assembly on or before
December 15, 2005.
13. Represented by the chairperson of the commission,
annually appear before the joint appropriations subcommittee
that makes recommendations concerning the commission’s budget
to report on budget expenditures and division department
operations relative to the prior fiscal year and the current
fiscal year.
14. Advise the director in evaluating potential candidates
for the position of administrator, consult with the director
in the hiring of the administrator, and review and advise
the director on the performance of the administrator in the
discharge of the administrator’s duties.
15. 14. Prioritize funding needs and the allocation of
moneys appropriated and other resources available for the
programs and activities of the initiative.
16. 15. Review fiscal needs of the initiative and make
recommendations to the director in the development of budget
requests.
17. 16. Solicit and accept any gift of money or property,
including any grant of money, services, or property from the
federal government, the state, a political subdivision, or
a private source that is consistent with the goals of the
initiative. The commission shall adopt rules prohibiting the
acceptance of gifts from a manufacturer of tobacco products.
18. 17. Advise and make recommendations to the governor,
the general assembly, and the director, and the administrator,
relative to tobacco use, treatment, intervention, prevention,
control, and education programs in the state.
19. 18. Evaluate the work of the division and the
department relating to the initiative. For this purpose, the
commission shall have access to any relevant department records
and documents, and other information reasonably obtainable by
the department.
-171- 20. 19. Develop the structure for the statewide youth
summit to be held annually.
21. 20. Approve the content of any materials distributed
by the youth program pursuant to section 142A.9, prior to
distribution of the materials.
Sec. 236. Section 142A.5, Code 2023, is amended to read as
follows:
142A.5 Director and administrator Department duties.
1. The director department shall do all of the following:
a. Establish and maintain the division of tobacco use
prevention and control.
b. Employ a separate division administrator, in accordance
with the requirements of section 142A.4, subsection 14, in a
full-time equivalent position whose sole responsibility and
duty shall be the administration and oversight of the division.
The division administrator shall report to and shall serve
at the pleasure of the director. The administrator shall
be exempt from the merit system provisions of chapter 8A,
subchapter IV.
c. 1. Coordinate all tobacco use prevention and control
programs and activities under the purview of the department.
d. 2. Receive and review budget recommendations from the
commission. The director shall consider these recommendations
in developing the budget request for the department.
2. The administrator shall do all of the following:
a. 3. Implement the initiative, coordinate the activities
of the commission and the initiative, and coordinate other
tobacco use prevention and control activities as assigned by
the director.
b. 4. Monitor and evaluate the effectiveness of performance
measures.
c. 5. Provide staff and administrative support to the
commission.
d. 6. Administer contracts entered into under this chapter.
e. 7. Coordinate and cooperate with other tobacco use
-172-prevention and control programs within and outside of the
state.
f. 8. Provide necessary information to the commission
to assist the commission in making its annual report to the
joint appropriations subcommittee pursuant to section 142A.4,
subsection 13, and in fulfilling other commission duties
pursuant to section 142A.4.
Sec. 237. Section 142A.6, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. A comprehensive tobacco use prevention and control
initiative is established. The division department shall
implement the initiative as provided in this chapter.
4. The division department shall implement the initiative
in a manner that ensures that youth are extensively involved
in the decision making for the programs implemented under
the initiative. The initiative shall also involve parents,
schools, and community members in activities to achieve the
results desired for the initiative. The division department
shall encourage collaboration at the state and local levels
to maximize available resources and to provide flexibility to
support community efforts.
Sec. 238. Section 142C.15, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. An anatomical gift public awareness and transplantation
fund is created as a separate fund in the state treasury
under the control of the Iowa department of public health and
human services. The fund shall consist of moneys remitted
by the county treasurer of a county or by the department of
transportation which were collected through the payment of a
contribution made by an applicant for registration of a motor
vehicle pursuant to section 321.44A and any other contributions
to the fund.
2. The moneys collected under this section and deposited
in the fund are appropriated to the Iowa department of public
health and human services for the purposes specified in
-173-this section. Moneys in the fund shall not be subject to
appropriation or expenditure for any other purpose.
Sec. 239. Section 142C.15, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The Iowa department of public health and human services may
use not more than five percent of the moneys in the fund for
administrative costs. The remaining moneys in the fund may
be expended through grants to any of the following persons,
subject to the following conditions:
Sec. 240. Section 142C.17, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The Iowa department of public health and human services, in
conjunction with any statewide organ procurement organization
in Iowa, shall prepare and submit a report to the general
assembly on or before January 1 each year regarding organ
donation rates and voluntary compliance efforts with hospital
organ and tissue donation protocols by physicians, hospitals,
and other health systems organizations. The report shall
contain the following:
Sec. 241. Section 142C.18, subsection 1, Code 2023, is
amended to read as follows:
1. The director department of public health and human
services shall contract with and recognize the Iowa donor
registry for the purpose of indicating on the donor registry
all relevant information regarding a donor’s making or amending
of an anatomical gift.
Sec. 242. Section 142D.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 3A. “Department” means the department of
health and human services.
Sec. 243. Section 142D.6, subsection 3, Code 2023, is
amended to read as follows:
3. The owner, operator, manager, or other person having
custody or control of a public place, place of employment,
area declared a nonsmoking place pursuant to section 142D.5,
-174-or outdoor area where smoking is prohibited under this
chapter shall clearly and conspicuously post in and at every
entrance to the public place, place of employment, area
declared a nonsmoking place pursuant to section 142D.5, or
outdoor area, “no smoking” signs or the international “no
smoking” symbol. Additionally, a “no smoking” sign or the
international “no smoking” symbol shall be placed in every
vehicle that constitutes a public place, place of employment,
or area declared a nonsmoking place pursuant to section 142D.5
under this chapter, visible from the exterior of the vehicle.
All signs shall contain the telephone number for reporting
complaints and the internet site of the department of public
health. The owner, operator, manager, or other person having
custody or control of the public place, place of employment,
area declared a nonsmoking place pursuant to section 142D.5,
or outdoor area may use the sample signs provided on the
department of public health’s department’s internet site, or
may use another sign if the contents of the sign comply with
the requirements of this subsection.
Sec. 244. Section 142D.8, Code 2023, is amended to read as
follows:
142D.8 Enforcement.
1. This chapter shall be enforced by the department of
public health or the department’s designee. The department of
public health shall adopt rules to administer this chapter,
including rules regarding enforcement. The department
of public health shall provide information regarding the
provisions of this chapter and related compliance issues to
employers, owners, operators, managers, and other persons
having custody or control of a public place, place of
employment, area declared a nonsmoking place pursuant to
section 142D.5, or outdoor area where smoking is prohibited,
and the general public via the department’s internet site. The
internet site shall include sample signage and the telephone
number for reporting complaints. Judicial magistrates shall
-175-hear and determine violations of this chapter.
2. If a public place is subject to any state or political
subdivision inspection process or is under contract with the
state or a political subdivision, the person performing the
inspection shall assess compliance with the requirements of
this chapter and shall report any violations to the department
of public health or the department’s designee.
3. An owner, operator, manager, or other person having
custody or control of a public place, place of employment, area
declared a nonsmoking place pursuant to section 142D.5, or
outdoor area regulated under this chapter shall inform persons
violating this chapter of the provisions of this chapter.
4. An employee or private citizen may bring a legal action
to enforce this chapter. Any person may register a complaint
under this chapter by filing a complaint with the department of
public health or the department’s designee.
5. In addition to the remedies provided in this section, the
department of public health or the department’s designee or any
other person aggrieved by the failure of the owner, operator,
manager, or other person having custody or control of a public
place, place of employment, area declared a nonsmoking place
pursuant to section 142D.5, or outdoor area regulated by this
chapter to comply with this chapter may seek injunctive relief
to enforce this chapter.
Sec. 245. Section 142D.9, subsection 5, Code 2023, is
amended to read as follows:
5. Violation of this chapter constitutes a public nuisance
which may be abated by the department of public health or the
department’s designee by restraining order, preliminary or
permanent injunction, or other means provided by law, and the
entity abating the public nuisance may take action to recover
the costs of such abatement.
Sec. 246. Section 144.1, Code 2023, is amended to read as
follows:
144.1 Definitions.
-176- As used in this chapter, unless the context otherwise
requires:
1. “Board” means the state board of health.
2. “Book”, “list”, “record”, or “schedule” kept by a county
auditor, assessor, treasurer, recorder, sheriff, or other
county officer means the county system as defined in section
445.1.
3. 1. “Court of competent jurisdiction” when used to refer
to inspection of an original certificate of birth based upon an
adoption means the court where the adoption was ordered.
4. 2. “Cremated remains” means all the remains of the
cremated human body recovered after the completion of the
cremation process, including pulverization which leaves only
bone fragments reduced to unidentifiable dimensions, and may
include the residue of any foreign matter including casket
material, bridgework, or eyeglasses that were cremated with the
human remains.
5. 3. “Cremation” means the technical process, using
heat and flame, that reduces human remains to bone fragments,
with the reduction taking place through heat and evaporation.
Cremation shall include the processing, and may include the
pulverization, of the bone fragments.
6. 4. “Dead body” means a lifeless human body or parts
or bones of a body, if, from the state of the body, parts,
or bones, it may reasonably be concluded that death recently
occurred.
7. 5. “Department” means the Iowa department of public
health and human services.
8. “Division” means a division, within the department, for
records and statistics.
9. 6. “Fetal death” means death prior to the complete
expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy. Death
is indicated by the fact that after expulsion or extraction
the fetus does not breathe or show any other evidence of life
-177-such as beating of the heart, pulsation of the umbilical cord,
or definite movement of voluntary muscles. In determining a
fetal death, heartbeats shall be distinguished from transient
cardiac contractions, and respirations shall be distinguished
from fleeting respiratory efforts or gasps.
10. 7. “Filing” means the presentation of a certificate,
report, or other record, provided for in this chapter, of a
birth, death, fetal death, adoption, marriage, dissolution, or
annulment for registration by the division department.
11. 8. “Final disposition” means the burial, interment,
cremation, removal from the state, or other disposition of a
dead body or fetus.
12. 9. “Institution” means any establishment, public
or private, which provides inpatient medical, surgical,
or diagnostic care or treatment, or nursing, custodial, or
domiciliary care to two or more unrelated individuals, or to
which persons are committed by law.
13. 10. “Live birth” means the complete expulsion or
extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, which, after
such expulsion or extraction, breathes or shows any other
evidence of life such as beating of the heart, pulsation of
the umbilical cord, or definite movement of voluntary muscles,
whether or not the umbilical cord has been cut or the placenta
is attached. In determining a live birth, heartbeats shall
be distinguished from transient cardiac contractions, and
respirations shall be distinguished from fleeting respiratory
efforts or gasps.
11. “Record” kept by a county auditor, assessor, treasurer,
recorder, sheriff, or other county officer means the county
system as defined in section 445.1.
14. 12. “Registration” means the process by which vital
statistic records are completed, filed, and incorporated by the
division department in the division’s department’s official
records.
-178- 15. 13. “State registrar” means the state registrar of
vital statistics.
16. 14. “System of vital statistics” includes the
registration, collection, preservation, amendment, and
certification of vital statistics records, and activities and
records related thereto to the records including the data
processing, analysis, and publication of statistical data
derived from such records.
17. 15. “Vital statistics” means records of births, deaths,
fetal deaths, adoptions, marriages, dissolutions, annulments,
and data related thereto to the records.
Sec. 247. Section 144.2, Code 2023, is amended to read as
follows:
144.2 Division of records Records and statistics.
There is established in the The department a division for
records and statistics which shall install, maintain, and
operate the system of vital statistics throughout the state.
No system for the registration of births, deaths, fetal deaths,
adoptions, marriages, dissolutions, and annulments, shall be
maintained in the state or any of its political subdivisions
other than the one provided for in this chapter. Suitable
quarters shall be provided for the division department
by the executive council at the seat of government. The
quarters shall be properly equipped for the permanent and safe
preservation of all official records made and returned under
this chapter.
Sec. 248. Section 144.4, Code 2023, is amended to read as
follows:
144.4 Registrar State registrar.
The director of public health or the director’s designee
shall be the state registrar of vital statistics and shall
carry out the provisions of this chapter.
Sec. 249. Section 144.5, Code 2023, is amended to read as
follows:
144.5 Duties of state registrar.
-179- The state registrar shall do all of the following:
1. Administer and enforce this chapter and the rules issued
under this chapter, and issue instructions for the efficient
administration of the statewide system of vital statistics and
the division for records and statistics.
2. Direct and supervise the statewide system of vital
statistics and the division for records and statistics and be
custodian of its records.
3. Direct, supervise, and control the activities of clerks
of the district court and county recorders related to the
operation of the vital statistics system and provide registrars
with necessary postage.
4. Prescribe, print, and distribute the forms required by
this chapter and prescribe any other means for transmission of
data, as necessary to accomplish complete, accurate reporting.
5. Prepare and publish annual reports of vital statistics of
this state and other reports as may be required.
6. Delegate functions and duties vested in the state
registrar to officers, to employees of the department, to the
clerks of the district court, and to the county registrars as
the state registrar deems necessary or expedient.
7. Provide, by rules, for appropriate morbidity reporting.
Sec. 250. Section 144.12A, subsection 4, Code 2023, is
amended to read as follows:
4. The department shall, upon request, provide the name,
address, social security number, and any other identifying
information of a registrant to the biological mother of
the child; a court; the department of human services; the
attorney of any party to an adoption, termination of parental
rights, or establishment of paternity or support action; or
to the child support recovery unit services for an action to
establish paternity or support; or any other subunit of the
department subject to prior approval by the state registrar.
The information shall not be divulged to any other person and
shall be considered a confidential record as to any other
-180-person, except upon order of the court for good cause shown.
If the registry has not received a declaration of paternity,
the department shall provide a written statement to that effect
to the person making the inquiry.
Sec. 251. Section 144.13, subsection 4, Code 2023, is
amended to read as follows:
4. The division state registrar shall make all of the
following available to the child support recovery unit
services, upon request:
a. A copy of a child’s birth certificate.
b. The social security numbers of the mother and the father.
c. A copy of the affidavit of paternity if filed pursuant
to section 252A.3A and any subsequent rescission form which
rescinds the affidavit.
d. Information, other than information for medical and
health use only, identified on a child’s birth certificate or
on an affidavit of paternity filed pursuant to section 252A.3A.
The information may be provided as mutually agreed upon by the
division state registrar and the child support recovery unit
services, including by automated exchange.
Sec. 252. Section 144.13A, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. Ten dollars of each registration fee is appropriated and
shall be used for primary and secondary child abuse prevention
programs pursuant to section 235A.1, and ten dollars of each
registration fee is appropriated and shall be used for the
center for congenital and inherited disorders central registry
established pursuant to section 136A.6. Notwithstanding
section 8.33, moneys appropriated in this paragraph that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure
for the purposes designated until the close of the succeeding
fiscal year, and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this paragraph.
-181- Sec. 253. Section 144.26, Code 2023, is amended to read as
follows:
144.26 Death certificate.
1. a. A death certificate for each death which occurs
in this state shall be filed as directed by the state
registrar within three days after the death and prior to final
disposition, and shall be registered by the county registrar
if it has been completed and filed in accordance with this
chapter. A death certificate shall include the social security
number, if provided, of the deceased person. All information
including the certifying physician’s, physician assistant’s,
or advanced registered nurse practitioner’s name shall be
typewritten.
b. A physician assistant or an advanced registered nurse
practitioner authorized to sign a death certificate shall be
licensed in this state and shall have been in charge of the
deceased patient’s care.
2. All information included on a death certificate may
be provided as mutually agreed upon by the division state
registrar and the child support recovery unit services,
including by automated exchange.
3. a. The county in which a dead body is found is the
county of death. If death occurs in a moving conveyance,
the county in which the dead body is first removed from the
conveyance is the county of death.
b. If a decedent died outside of the county of the
decedent’s residence, the state registrar shall send a copy
of the decedent’s death certificate and any amendments to the
county registrar of the county of the decedent’s residence.
The county registrar shall record a death certificate received
pursuant to this paragraph in the same records in which the
death certificate of a decedent who died within the county
is recorded. The state registrar may provide the county
registrars with electronic access to vital records in lieu of
the requirements of this paragraph.
-182- 4. a. The department shall establish by rule procedures
for making a finding of presumption of death when no body
can be found. The department shall also provide by rule
the responsibility for completing and signing the medical
certification of cause of death in such circumstances. The
presumptive death certificate shall be in a form prescribed by
the state registrar and filed in the county where the death was
presumed to occur.
b. The division department shall provide for the correction,
substitution, or removal of a presumptive death certificate
when the body of the person is later found, additional facts
are discovered, or the person is discovered to be alive.
5. Upon the activation of an electronic death record system,
each person with a duty related to death certificates shall
participate in the electronic death record system. A person
with a duty related to a death certificate includes but is not
limited to a physician as defined in section 135.1, a physician
assistant, an advanced registered nurse practitioner, a funeral
director, and a county recorder.
Sec. 254. Section 144.29A, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. The maternal health services region of the Iowa
department of public health and human services, as designated
as of July 1, 1997, in which the patient resides.
Sec. 255. Section 144.36, subsection 1, Code 2023, is
amended to read as follows:
1. A certificate recording each marriage performed in
this state shall be filed with the state registrar. The
county registrar shall prepare the certificate on the form
furnished by the state registrar upon the basis of information
obtained from the parties to be married, who shall attest to
the information by their signatures. The county registrar in
each county shall keep a record book for marriages of marriage
certificates as required by the state registrar. The form of
marriage record books shall be uniform throughout the state. A
-183-properly indexed permanent record of marriage certificates upon
microfilm, electronic computer, or data processing equipment
may be kept in lieu of marriage record books.
Sec. 256. Section 144.37, Code 2023, is amended to read as
follows:
144.37 Dissolution and annulment records.
1. For each dissolution or annulment of marriage granted
by any court in this state, a record shall be prepared by
the clerk of court or by the petitioner or the petitioner’s
legal representative if directed by the clerk and filed by
the clerk of court with the state registrar. The information
necessary to prepare the report record shall be furnished with
the petition, to the clerk of court by the petitioner or the
petitioner’s legal representative, on forms supplied by the
state registrar.
2. The clerk of the district court in each county shall
keep a record book for maintain the records of dissolutions and
annulments of marriage as required by the state registrar. The
form of dissolution record books shall be uniform throughout
the state. A properly indexed record of dissolutions upon
microfilm, electronic computer, or data processing equipment
may be kept in lieu of dissolution record books.
3. On or before the tenth day of each calendar month, the
clerk of court shall forward to the state registrar the record
of each dissolution and annulment granted during the preceding
calendar month and related reports required by regulations
issued under this chapter.
Sec. 257. Section 144.43, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The following vital statistics records in the custody
of the state archivist may be inspected and copied as of right
under chapter 22:
(1) A record of birth that if the record is at least
seventy-five years old or upon proof of entitlement to the
record.
-184- (2) A record of marriage that if the record is at least
seventy-five years old or upon proof of entitlement to the
record.
(3) A record of divorce, dissolution of marriage,
or annulment of marriage that if the record is at least
seventy-five years old or upon proof of entitlement to the
record.
(4) A record of death or fetal death, either of which if the
record is at least fifty years old or upon proof of entitlement
to the record.
Sec. 258. Section 144A.2, subsection 5, Code 2023, is
amended to read as follows:
5. “Department” means the Iowa department of public health
and human services.
Sec. 259. Section 144D.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the department of public health and
human services.
Sec. 260. Section 146A.1, subsection 1, paragraph d,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
That the woman has been provided information regarding all
of the following, based upon the materials developed by the
department of public health and human services pursuant to
subparagraph (2):
Sec. 261. Section 146A.1, subsection 1, paragraph d,
subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The department of public health and human services shall
make available to physicians, upon request, all of the
following information:
Sec. 262. Section 146B.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of public health and
human services.
-185- Sec. 263. Section 147.77, Code 2023, is amended to read as
follows:
147.77 Powers, privileges, rights, or duties provided by rule
— applicability to physician assistants.
1. The following agencies that adopt rules pursuant to
chapter 17A providing a power, privilege, right, or duty to
a physician licensed under chapter 148 or other profession
licensed under this subtitle relating to the following subjects
shall, consistent with the scope of practice of physician
assistants licensed under chapter 148C, and unless otherwise
inconsistent with state or federal law, provide the same power,
privilege, right, or duty by rule to a physician assistant
licensed under chapter 148C:
a. The department of administrative services, with respect
to rules relating to the following:
(1) Retroactive conversion of vacation time to sick leave
for vacation time spent under the care of a physician.
(2) Certification of a catastrophic illness by a physician
for purposes of donation of leave and second medical
opinions and updates sought from a physician relating to such
certifications.
b. The department on aging, with respect to rules relating
to a written order from a physician for an older individual
requesting a therapeutic diet, and the interpretation of such
orders.
c. b. The department of corrections, with respect to rules
relating to the following:
(1) That a parolee shall not use, purchase, possess, or
transfer any drugs unless prescribed by a physician.
(2) That a serious medical need is one that has been
diagnosed by a physician as requiring treatment or is one so
obvious that a lay person would easily recognize the necessity
for a physician’s attention.
(3) That each jail shall have a designated licensed
physician, licensed osteopathic physician, or medical resource
-186-designated for the medical supervision, care, and treatment of
prisoners as deemed necessary and appropriate.
(4) That prescription medication, as ordered by a licensed
physician, licensed osteopathic physician, or licensed dentist
shall be provided in accordance with the directions of the
prescribing physician or dentist. Prisoners with medication
from a personal physician, osteopathic physician, or dentist
may be evaluated by a physician, osteopathic physician, or
dentist selected by the jail administrator to determine if the
present medication is appropriate.
(5) That expired drugs or drugs not in unit dose packaging,
whose administration had been discontinued by the attending
physician, shall be destroyed by the jail administrator or
designee in the presence of a witness.
(6) That special diets in jails prescribed by a physician
shall be followed and documented, that the physician who
prescribes the special diet shall specify a date on which the
diet will be reviewed for renewal or discontinuation, and that
unless specified by the prescribing physician, a certified
dietitian shall develop the menu.
(7) That special diets prescribed by a physician for the
care and treatment of juveniles in nonsecure hold shall be
followed and documented.
(8) For medical services in temporary holding facilities,
that a serious medical need is one that has been diagnosed by
a physician as requiring treatment or one that is so obvious
that a lay person would easily recognize the necessity for a
physician’s attention.
(9) For medical resources in temporary holding facilities,
that each facility shall have a designated licensed physician,
licensed osteopathic physician, or medical resource designated
for the medical supervision, care, and treatment of detainees
as deemed necessary and appropriate.
(10) Medication procedures in temporary holding facilities,
that prescription medication, as ordered by a licensed
-187-physician, licensed osteopathic physician, or licensed dentist
shall be provided in accordance with the directions of the
prescribing physician or dentist. Detainees with medication
from a personal physician, osteopathic physician, or dentist
may be evaluated by a physician, osteopathic physician, or
dentist selected by the facility administrator to determine if
the present medication is appropriate.
(11) For medication storage in temporary holding
facilities, that expired drugs or drugs not in unit dose
packaging, whose administration had been discontinued by
the attending physician, shall be destroyed by the facility
administrator or designee in the presence of a witness.
(12) For medical diets in temporary holding facilities,
that special diets as prescribed by a physician shall be
followed and documented.
(13) For medical care and treatment for juveniles in
nonsecure holds in temporary holding facilities, that special
diets as prescribed by a physician shall be followed and
documented.
d. c. The economic development authority, with respect
to rules relating to the certification of a person with a
disability for the purpose of the targeted small business
program, that in order to be considered a person with a
disability for the purpose of the targeted small business
program, the person must qualify and receive certification as
having a disability from a licensed medical physician or must
have been found eligible for vocational rehabilitation services
by the department of education workforce development, division
of vocational rehabilitation services, or by the department for
the blind.
e. d. The department of education, with respect to rules
relating to the following:
(1) For statements relating to medication administration
policies, that a statement that persons administering
medication shall include authorized practitioners, such as
-188-licensed registered nurses and physicians, and persons to whom
authorized practitioners have delegated the administration
of prescription and nonprescription drugs. Individuals
shall self-administer asthma or other airway constricting
disease medication or possess and have use of an epinephrine
auto-injector with parent and physician consent on file,
without the necessity of demonstrating competency to
self-administer these medications.
(2) For medication administration courses relating
to medication administration policies, that a medication
administration course be conducted by a registered nurse
or licensed pharmacist and include an annual medication
administration procedural skills check completed with a
registered nurse or pharmacist.
(3) For school-based youth services programs, that
preventive and primary health care services shall be delivered
by specifically credentialed providers as specified.
f. e. The department of health and human services, with
respect to rules relating to the following:
(1) That an incident for purposes of accreditation
of providers of services to persons with mental illness,
intellectual disabilities, or developmental disabilities
includes but is not limited to an occurrence involving the
individual using the service that results in a physical injury
to or by the individual that requires a physician’s treatment
or admission to a hospital.
(2) That a mental health professional, for purposes
of accreditation of providers of services to persons with
mental illness, intellectual disabilities, or developmental
disabilities, includes a medical professional licensed in this
state, provided that the professional otherwise meets all of
the conditions to qualify as a mental health professional.
(3) That home health aide services for purposes of
disability services management and regional services may
include medications specifically ordered by a physician.
-189- (4) That payment relating to the state supplementary
assistance program for residential care shall only be made when
there is on file an order written by a physician certifying
that the applicant or recipient being admitted requires
residential care but does not require nursing services.
(5) That a case folder for a facility participating in
the state supplementary assistance program must include a
physician’s statement certifying that a resident does not
require nursing services.
(6) That personnel providing psychological evaluations
and counseling or psychotherapy services for area education
agencies under the medical assistance program include specified
professions endorsed, licensed, or registered in this state,
provided that the professional otherwise meets all of the
conditions to qualify as a mental health professional.
(7) That personnel providing psychological evaluations and
counseling or psychotherapy services for providers of infant
and toddler program services under the medical assistance
program include specified professions endorsed, licensed,
or registered in this state, provided that the professional
otherwise meets all of the conditions to qualify as a mental
health professional.
(8) That personnel providing other services for providers
of infant and toddler program services under the medical
assistance program include specified professions recognized,
endorsed, or licensed in this state, provided that the
professional otherwise meets all of the conditions to qualify
as a mental health professional.
(9) That personnel providing psychological evaluations
and counseling or psychotherapy services for providers of
local education agency services under the medical assistance
program include specified professions endorsed, licensed,
or registered in this state, provided that the professional
otherwise meets all of the conditions to qualify as a mental
health professional.
-190- (10) That personnel providing other services for providers
of local education agency services under the medical assistance
program include specified professions recognized, endorsed,
or licensed in this state, provided that the professional
otherwise meets all of the conditions to qualify as a mental
health professional.
(11) For payment for medically necessary home health agency
services under the medical assistance program, that payment
shall be approved for medically necessary home health agency
services prescribed by a physician in a plan of home health
care provided by a Medicare-certified home health agency.
(12) For authorization for medically necessary home health
agency services under the medical assistance program, that
services shall be authorized by a physician, evidenced by the
physician’s signature and date on a plan of treatment.
(13) For treatment plans of home health agencies under the
medical assistance program, that a member’s medical condition
shall be reflected by the date last seen by a physician, if
available.
(14) For items included in treatment plans of home health
agencies under the medical assistance program, that a plan of
care shall include a physician’s signature and date and that
the plan of care must be signed and dated by the physician
before the claim for service is submitted for reimbursement.
(15) For skilled nursing services provided by a home health
agency under the medical assistance program, that medical
documentation shall be submitted justifying the need for
continued visits, including the physician’s estimate of the
length of time that additional visits will be necessary, and
that daily skilled nursing visits or multiple daily visits for
wound care or insulin injections shall be covered when ordered
by a physician and included in the plan of care.
(16) For physical therapy services provided by a home health
agency under the medical assistance program, that payment shall
be made for physical therapy services when the services follow
-191-a treatment plan established by the physician after any needed
consultation with the qualified physical therapist.
(17) For occupational therapy services provided by a
home health agency under the medical assistance program,
that payment shall be made for occupational therapy services
when the services follow a treatment plan established by the
physician.
(18) For speech therapy services provided by a home health
agency under the medical assistance program, that payment shall
be made for speech therapy services when the services follow a
treatment plan established by the physician.
(19) For home health aide services provided by a home health
agency under the medical assistance program, that the service
as well as the frequency and duration are stated in a written
plan of treatment established by a physician.
(20) For home health aide services provided by a home health
agency under the medical assistance program, that services
provided for specified durations when ordered by a physician
and included in a plan of care shall be allowed as intermittent
services.
(21) For home health aide services provided by a home health
agency under the medical assistance program, that personal
care services include helping the member take medications
specifically ordered by a physician.
(22) For private duty nursing or personal care services for
persons aged twenty and under, under the medical assistance
program, that private duty nursing services are those services
which are provided by a registered nurse or a licensed
practical nurse under the direction of the member’s physician
to a member in the member’s place of residence or outside the
member’s residence, when normal life activities take the member
outside the place of residence.
(23) For private duty nursing or personal care services for
persons aged twenty and under, under the medical assistance
program, that services shall be provided according to a written
-192-plan of care authorized by a licensed physician.
(24) For private duty nursing or personal care services for
persons aged twenty and under, under the medical assistance
program, that personal care services are those services
provided by a home health aide or certified nurse’s aide and
which are delegated and supervised by a registered nurse under
the direction of the member’s physician to a member in the
member’s place of residence or outside the member’s residence,
when normal life activities take the member outside the place
of residence, and that these services shall be in accordance
with the member’s plan of care and authorized by a physician.
(25) For requirements for private duty nursing or personal
care services for persons aged twenty and under, under the
medical assistance program, that private duty nursing or
personal care services shall be ordered in writing by a
physician as evidenced by the physician’s signature on the plan
of care.
(26) For obtaining prescription medications for children in
juvenile detention and shelter care homes, that prescription
medication provided to residents shall be dispensed only from a
licensed pharmacy in this state in accordance with state law,
from a licensed pharmacy in another state according to the laws
of that state, or by a licensed physician.
(27) For health and dental programs provided by agencies
providing foster care services, that a child’s physical
examination shall be performed by a licensed physician or
licensed nurse practitioner.
(28) For health and dental programs provided by agencies
providing foster care services, that if documentation of prior
immunization is unavailable, immunizations required by the
department of public health shall begin within thirty days of
placement, unless contraindicated and unless a statement from
a physician to that effect is included in the child’s medical
record, and that a statement from a physician, referring
agency, parent, or guardian indicating immunizations are
-193-current is sufficient documentation of immunizations.
(29) For the dispensing, storage, authorization, and
recording of medications in child care centers, that all
medications shall be stored in their original containers, with
accompanying physician or pharmacist’s directions and label
intact and stored so they are inaccessible to children and the
public.
(30) For an infants’ area in a child care center, that
upon the recommendation of a child’s physician or the area
education agency serving the child, a child who is two years
of age or older with a disability that results in significant
developmental delays in physical and cognitive functioning who
does not pose a threat to the safety of the infants may, if
appropriate and for a limited time approved by the department,
remain in the infant area.
(31) For facility requirements for a child development
home, that the telephone number for each child’s physician
shall be written on paper and readily accessible by the
telephone.
(32) For medications and hazardous materials in a child
development home, that medications shall be given only with
the parent’s or doctor’s written authorization, and that each
prescribed medication shall be accompanied by a physician’s or
pharmacist’s direction.
(33) For medical reports regarding the health of a family
in a family life home, that a medical report shall provide
significant findings of a physician, such as the presence or
absence of any communicable disease.
(34) For medical reexaminations of a family in a family
life home, that medical reexaminations may be required at the
discretion of a physician.
(35) For medical examinations of a client in a family life
home, that a physician shall certify that the client is free
from any communicable disease and does not require a higher
level of care than that provided by a family life home.
-194- (36) For the records of a client in a family life home,
that the family shall have available at all times, the name,
address, and telephone number of the client’s physician.
(37) For the facility requirements for a child care home,
that the telephone number for each child’s physician shall be
written on paper and readily accessible by the telephone.
(38) For the administration of medications at a child care
home, that medications shall be given only with the parent’s or
doctor’s written authorization and each prescribed medication
shall be accompanied by a physician’s or pharmacist’s
direction.
(39) For payments for foster care, that an intellectual
disabilities professional includes specified professions,
provided that the professional otherwise meets all of
the conditions to qualify as an intellectual disabilities
professional.
(40) For payments for foster care, that a mental health
professional includes specified professions, provided that the
professional otherwise meets all of the conditions to qualify
as a mental health professional.
(41) For the subsidized adoption program, that a qualified
intellectual disability professional includes specified
professions, provided that the professional otherwise meets
all of the conditions to qualify as a qualified intellectual
disability professional.
(42) For the subsidized adoption program, that a qualified
mental health professional includes specified professions,
provided that the professional otherwise meets all of
the conditions to qualify as a qualified mental health
professional.
(43) For the information provided to a foster care provider
by a department worker at the time of placement, that the
information shall include the names, addresses, and telephone
numbers of the child’s physician and dentist.
(44) A written order from a physician for an older
-195-individual requesting a therapeutic diet, and the
interpretation of such orders.
(45) That “impaired glucose tolerance”, for purposes of
outpatient diabetes education programs, means a condition in
which blood glucose levels are higher than normal, diagnosed by
a physician, and treated with a food plan, exercise, or weight
control.
(46) For instructors for programs not recognized by the
American diabetes association or accredited by the American
association of diabetes educators, that the primary instructors
shall be one or more of specified health care professionals who
are knowledgeable about the disease process of diabetes and the
treatment of diabetes.
(47) For the written form for participation in the
prescription drug donation repository program, that the form
shall include the name and telephone number of the responsible
pharmacist, physician, or nurse practitioner who is employed
by or under contract with the pharmacy or medical facility,
and shall also include a statement, signed and dated by the
responsible pharmacist, physician, or nurse practitioner,
indicating that the pharmacy or medical facility meets the
eligibility requirements and shall comply with the requirements
established by rule.
(48) For the dispensing of donated prescription drugs and
supplies, that donated drugs and supplies may be dispensed
only if the drugs or supplies are prescribed by a health
care practitioner for use by an eligible individual and
are dispensed by a licensed pharmacist, physician, or nurse
practitioner.
g. f. The department of inspections and appeals, with
respect to rules relating to the following:
(1) For the qualifications of an attending physician at a
hospice, that the person shall have an active Iowa license to
practice medicine.
(2) For residential care facilities for persons with
-196-intellectual disabilities, that a qualified intellectual
disability professional includes specified professions,
provided that the professional otherwise meets all of the
conditions to qualify as a qualified intellectual disability
professional.
(3) For nursing facilities, that a qualified intellectual
disabilities professional includes specified professions,
provided that the professional otherwise meets all of the
conditions to qualify as a qualified intellectual disabilities
professional.
(4) For intermediate care facilities for persons with
mental illness, that a qualified mental health professional
includes specified professions, provided that the professional
otherwise meets all of the conditions to qualify as a qualified
mental health professional.
(5) For notifications submitted to the department from
a subacute mental health care facility in the event of an
accident causing a major injury, including as a major injury an
injury which requires consultation with the attending physician
or designee of the physician or advanced registered nurse
practitioner who determines that an injury is a major injury.
h. g. The racing and gaming commission, with respect to
rules relating to the following:
(1) For the grounds for denial, suspension, or revocation
of an occupational or vendor license, that a license shall be
denied if the applicant has a history of mental illness without
demonstrating successful treatment by a licensed medical
physician.
(2) For the qualifications for jockeys, that a jockey shall
pass a physical examination by a licensed physician affirming
fitness to participate as a jockey.
(3) For the regulation of licensees in restricted areas of
a racing facility, that licensees whose duties require them to
be in a restricted area of a racing facility shall not have
present within their systems any controlled substance as listed
-197-in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
812), chapter 124, or any prescription drug unless it was
obtained directly or pursuant to valid prescription or order
from a duly licensed physician who is acting in the course of
professional practice.
i. h. The Iowa law enforcement academy, with respect to
rules relating to the following:
(1) For the minimum standards for law enforcement officers,
that an officer is examined by a licensed physician or surgeon.
(2) For hiring standards must be reverified if an individual
is not hired by an Iowa law enforcement agency during a
specified period of time following completion of the course
of study, that the individual must be examined by a licensed
physician or surgeon.
(3) For the selection or appointment of reserve peace
officers, that the person shall be examined by a licensed
physician or surgeon.
j. i. The natural resource commission, with respect to
rules relating to the following:
(1) That the grounds for revoking or suspending an
instructor license include participation in a course while
ingesting prescription medication in a manner contrary to the
dosing directions given by the prescribing physician.
(2) For applications for use of a crossbow for deer and
turkey hunting by handicapped individuals, that an application
must include a statement signed by the applicant’s physician
declaring that the individual is not physically capable of
shooting a bow and arrow.
(3) For authorization for the use of a crossbow for deer
and turkey hunting by handicapped individuals, that if a
conservation officer has probable cause to believe the person’s
handicapped status has improved, making it possible for the
person to shoot a bow and arrow, the department of natural
resources may, upon the officer’s request, require the person
to obtain in writing a current physician’s statement.
-198- (4) For licenses for nonresidents to participate in a
special deer hunting season for severely disabled persons,
that a nonresident applying for the license must have on file
with the department of natural resources either a copy of a
disabilities parking permit issued by a state department of
transportation or an Iowa department of natural resources form
signed by a physician that verifies their disability.
k. The Iowa department of public health, with respect to
rules relating to the following:
(1) That “impaired glucose tolerance”, for purposes of
outpatient diabetes education programs, means a condition in
which blood glucose levels are higher than normal, diagnosed by
a physician, and treated with a food plan, exercise, or weight
control.
(2) For instructors for programs not recognized by the
American diabetes association or accredited by the American
association of diabetes educators, that the primary instructors
shall be one or more of specified health care professionals who
are knowledgeable about the disease process of diabetes and the
treatment of diabetes.
(3) For the written form for participation in the
prescription drug donation repository program, that the form
shall include the name and telephone number of the responsible
pharmacist, physician, or nurse practitioner who is employed
by or under contract with the pharmacy or medical facility,
and shall also include a statement, signed and dated by the
responsible pharmacist, physician, or nurse practitioner,
indicating that the pharmacy or medical facility meets the
eligibility requirements and shall comply with the requirements
established by rule.
(4) For the dispensing of donated prescription drugs and
supplies, that donated drugs and supplies may be dispensed
only if the drugs or supplies are prescribed by a health
care practitioner for use by an eligible individual and
are dispensed by a licensed pharmacist, physician, or nurse
-199-practitioner.
l. j. The department of public safety, with respect to
rules relating to permits to carry weapons, that a person who
is an unlawful user of or addicted to any controlled substance
includes any person who is a current user of a controlled
substance in a manner other than as prescribed by a licensed
physician.
m. k. The department of transportation, with respect
to rules relating to exemptions from motor vehicle window
transparency requirements, that a motor vehicle fitted with
a front windshield, a front side window, or a front sidewing
with less than seventy percent but not less than thirty-five
percent light transmittance before July 4, 2012, may continue
to be maintained and operated with a front windshield, a front
side window, or a front sidewing with less than seventy percent
but not less than thirty-five percent light transmittance on or
after July 4, 2012, so long as the vehicle continues to be used
for the transport of a passenger or operator who documented in
the manner specified by the department a medical need for such
reduced transparency, which document was signed by the person’s
physician before July 4, 2012.
n. l. The Iowa department of veterans affairs, with respect
to rules relating to expenses relating to the purchase of
durable equipment or services, that individuals requesting
reimbursement who need durable equipment as a medical necessity
should provide information from a physician.
o. m. The department of workforce development, with respect
to rules relating to the following:
(1) That a voluntary quit shall be presumed to be without
good cause attributable to the employer for purposes of
unemployment compensation if a claimant left employment because
of illness or injury which was not caused or aggravated by the
employment or pregnancy and failed to obtain the advice of a
licensed and practicing physician, obtain certification of
release for work from a licensed and practicing physician, or
-200-return to the employer and offer services upon recovery and
certification for work by a licensed and practicing physician.
(2) That for purposes of unemployment compensation, it is
a reason for a claimant leaving employment with good cause
attributable to the employer if the claimant left employment
because of illness, injury, or pregnancy upon the advice of
a licensed and practicing physician, and upon recovery, when
recovery was certified by a licensed and practicing physician,
the claimant returned and offered to perform services to the
employer, but no suitable, comparable work was available.
(3) That for purposes of unemployment compensation it is
a reason for a claimant leaving employment with good cause
attributable to the employer if the claimant left employment
upon the advice of a licensed and practicing physician for the
sole purpose of taking a family member to a place having a
different climate and subsequently returned to the claimant’s
regular employer and offered to perform services, but the
claimant’s regular or comparable work was not available.
p. n. The labor services division of the department of
workforce development, with respect to rules relating to the
following:
(1) For the disclosure of a trade secret relating to a
hazardous chemical during a medical emergency, that where a
treating physician or nurse determines that a medical emergency
exists and the specific chemical identity of a hazardous
chemical is necessary for emergency or first-aid treatment, the
chemical manufacturer, importer, or employer shall immediately
disclose the specific chemical identity of a trade secret
chemical to that treating physician or nurse, regardless of the
existence of a written statement of need or a confidentiality
agreement.
(2) For the disclosure of a trade secret relating to
a hazardous chemical in a nonemergency situation, that in
nonemergency situations, a chemical manufacturer, importer,
or employer shall, upon request, disclose a specific chemical
-201-identity, otherwise permitted to be withheld by rule, to a
specified health professional providing medical or other
occupational health services to exposed employees or designated
representatives in specified circumstances.
(3) For applications for a license to practice asbestos
removal, that except as noted in rule, only worker and
contractor/supervisor license applicants must submit the
respiratory protection and physician’s certification forms.
(4) For documentation held by persons licensed for asbestos
abatement in an area that is subject to a disaster emergency
proclamation, that the labor commissioner deems an individual
contractor, supervisor, or worker to be licensed and authorized
for asbestos abatement if the individual, in addition to other
specified conditions, makes immediately available on the
work site a copy of a physician’s statement indicating that,
consistent with federal law, a licensed physician has examined
the individual within the past twelve months and approved the
individual to work while wearing a respirator.
(5) That the contents of an application for an event
license for a covered athletic event other than a professional
wrestling event shall contain, along with other requirements,
a copy of the medical license of the ringside physician and
the date, time, and location of the ringside physician’s
examination of the contestants.
(6) For the responsibilities of the promoter of an athletic
event, that the promoter submit test results to the ringside
physician no later than at the time of the physical showing
that each contestant scheduled for the event tested negative
for the human immunodeficiency, hepatitis B, and hepatitis C
viruses within the one-year period prior to the event, and that
the contestant shall not participate and the physician shall
notify the promoter that the contestant is prohibited from
participating for medical reasons if specified circumstances
occur.
(7) For injuries during a professional boxing match, that if
-202-a contestant claims to be injured during the bout, the referee
shall stop the bout and request the attending physician to make
an examination. If the physician decides that the contestant
has been injured as the result of a foul, the physician shall
advise the referee of the injury. If the physician is of the
opinion that the injured contestant may be able to continue,
the physician shall order an intermission, after which the
physician shall make another examination and again advise
the referee of the injured contestant’s condition. It shall
be the duty of the promoter to have an approved physician in
attendance during the entire duration of all bouts.
(8) For persons allowed in a ring during a professional
boxing match, that no person other than the contestants and the
referee shall enter the ring during the bout, excepting the
seconds between the rounds or the attending physician if asked
by the referee to examine an injury to a contestant.
(9) For the weighing of contestants in a professional boxing
match, that contestants shall be weighed and examined on the
day of the scheduled match by the attending ring physician at a
time and place to be determined by the commissioner.
(10) For attending ring physicians during a professional
boxing match, that when a boxer has been injured seriously,
knocked out, or technically knocked out, the referee shall
immediately summon the attending ring physician to aid the
stricken boxer, and that managers, handlers, and seconds shall
not attend to the stricken boxer, except at the request of the
physician.
(11) For the keeping of time during a professional boxing
match, that the timekeeper shall keep an exact record of time
taken out at the request of a referee for an examination of a
contestant by the physician.
(12) For the suspension of contestants during a
professional boxing match that is an elimination tournament,
that a contestant who for specified reasons is not permitted
to box in the state for a period of time shall be examined by a
-203-physician approved by the commissioner before being permitted
to fight again.
(13) For the designation of officials for professional
kickboxing, that the designation of physicians is subject to
the approval of the commissioner or designee.
(14) For officials for a mixed martial arts event, that
officials shall include a physician.
(15) For the keeping of time for a mixed martial arts
event, that the timekeeper shall keep an exact record of time
taken out at the request of a referee for an examination of a
contestant by the physician.
(16) For persons allowed in the cage during a mixed martial
arts event, that a physician may enter the cage to examine a
contestant upon the request of the referee.
(17) For the decorum of persons involved in a mixed martial
arts event, that a contestant is exempt from prohibitions on
specified conduct while interacting with the contestant’s
opponent during a round, but if the round is stopped by the
physician or referee for a time out, the prohibitions shall
apply to the contestant.
(18) For the examination of contestants in a mixed martial
arts event, that on the day of the event, at a time and place
to be approved by the commissioner, the ringside physician
shall conduct a rigorous physical examination to determine the
contestant’s fitness to participate in a mixed martial arts
match, and that a contestant deemed not fit by the physician
shall not participate in the event.
(19) For injuries during a mixed martial arts event, that if
a contestant claims to be injured or when a contestant has been
injured seriously or knocked out, the referee shall immediately
stop the fight and summon the attending ring physician to make
an examination of the stricken fighter. If the physician
decides that the contestant has been injured, the physician
shall advise the referee of the severity of the injury. If
the physician is of the opinion the injured contestant may be
-204-able to continue, the physician shall order an intermission,
after which the physician shall make another examination and
again advise the referee of the injured contestant’s condition.
Managers, handlers, and seconds shall not attend to the
stricken fighter, except at the request of the physician.
2. This section shall not be construed to expand, diminish,
or otherwise modify the scope of practice of any profession
licensed under this subtitle.
3. The rulemaking requirements provided in this section
shall not be construed to prohibit the agencies listed in
subsection 1 from engaging in further rulemaking not in
conflict with this section or state or federal law relating to
the subject matter of this section or to otherwise diminish the
authority to engage in rulemaking provided to those agencies by
any other statute.
Sec. 264. Section 147A.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the Iowa department of public health
and human services.
2. “Director” means the director of the Iowa department of
public health and human services.
Sec. 265. Section 147A.21, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the Iowa department of public health
and human services.
3. “Director” means the director of public health and human
services.
Sec. 266. Section 147A.24, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Department of public health and human services.
Sec. 267. Section 147C.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Alternative program” means a nondisciplinary monitoring
or practice remediation process approved by a physical therapy
licensing board. This includes but is not limited to substance
-205-abuse use disorder issues.
Sec. 268. Section 147D.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Alternative program” means a voluntary, nondisciplinary
substance abuse use disorder recovery program approved by a
state emergency medical services authority.
Sec. 269. Section 147E.1, subsection 2, paragraph k, Code
2023, is amended to read as follows:
k. “Impaired practitioner” means individuals whose
professional practice is adversely affected by substance abuse
use disorder, addiction, or other health-related conditions.
Sec. 270. Section 147F.1, subsection 2, paragraph n, Code
2023, is amended to read as follows:
n. “Impaired practitioner” means an individual whose
professional practice is adversely affected by substance abuse
use disorder, addiction, or other health-related conditions.
Sec. 271. Section 152.5A, Code 2023, is amended to read as
follows:
152.5A Student record checks.
1. For the purposes of this section:
a. “Comprehensive preliminary background check” means the
same as defined in section 135C.1.
b. “Nursing program” means a nursing program that is
approved by the board pursuant to section 152.5.
c. “Record check evaluation system” means the same as
defined in section 135C.1.
c. d. “Student” means a person applying for, enrolled in,
or returning to the clinical education component of a nursing
program.
2. Prior to a student beginning or returning to a nursing
program, the nursing program shall do one of the following in
substantial conformance with the provisions of section 135C.33:
a. Request that the department of public safety perform a
criminal history check and the record check evaluation system
of the department of health and human services perform child
-206-and dependent adult abuse record checks of the student in this
state.
b. Access the single contact repository to perform the
required record checks.
3. a. If a program accesses the single contact repository
to perform the required record checks pursuant to subsection
2, the program may utilize a third-party vendor to perform
a comprehensive preliminary background check to allow a
student to provisionally participate in the clinical education
component of the nursing program pending completion of the
required record checks through the single contact repository
and the evaluation by the department of human services record
check evaluation system, as applicable, subject to all of the
following:
(1) If the comprehensive preliminary background check
determines that the student being considered for provisional
participation has been convicted of a crime, but the crime does
not constitute a felony as defined in section 701.7 and is not
a crime specified pursuant to chapter 708, 708A, 709, 709A,
710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
or 726.28.
(2) If the comprehensive preliminary background check
determines the student being considered for provisional
participation does not have a record of founded child abuse or
dependent adult abuse, or if an exception pursuant to section
135C.33, subsection 4, is applicable to the student.
(3) If the program has requested an evaluation in accordance
with section 135C.33, subsection 2, paragraph “a”, to determine
whether the crime warrants prohibition of the student’s
provisional participation.
b. The provisional participation under this subsection
3 may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
-207- 4. If a student has a criminal record or a record of
founded child or dependent adult abuse, upon request of the
nursing program, the department of human services record check
evaluation system shall perform an evaluation to determine
whether the record warrants prohibition of the student’s
involvement in a clinical education component of a nursing
program involving children or dependent adults. The department
of human services record check evaluation system shall utilize
the criteria provided in section 135C.33 in performing the
evaluation and shall report the results of the evaluation to
the nursing program. The department of human services record
check evaluation system has final authority in determining
whether prohibition of the student’s involvement in a clinical
education component is warranted.
Sec. 272. Section 154D.4, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The provision of children, family, or mental health
services through the department of health and human services
or juvenile court, or agencies contracting with the department
of health and human services or juvenile court, by persons who
do not represent themselves to be either a marital and family
therapist or a mental health counselor.
Sec. 273. Section 155A.46, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A pharmacist may, pursuant to statewide protocols developed
by the board in consultation with the department of public
health and human services and consistent with subsection 2,
order and administer the following to patients ages eighteen
years and older:
Sec. 274. Section 155A.46, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A pharmacist may, pursuant to statewide protocols developed
by the board in consultation with the department of public
-208- health and human services and consistent with subsection 2,
order and administer the following to patients ages six months
and older:
Sec. 275. Section 155A.46, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. A pharmacist may, pursuant to statewide protocols
developed by the board in consultation with the department of
public health and human services and consistent with subsection
2, order and administer the final two doses in a course of
vaccinations for HPV to patients ages eleven years and older.
Sec. 276. Section 155A.46, subsection 1, paragraph e,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A pharmacist may, pursuant to statewide protocols developed
by the board in consultation with the department of public
health and human services and consistent with subsection 2,
order and administer the following to patients ages six years
and older:
Sec. 277. Section 158.2, subsection 8, Code 2023, is amended
to read as follows:
8. Persons committed pursuant to chapter 229A to the custody
of the director of the department of health and human services
in the unit for sexually violent predators who cut the hair or
trim or shave the beard of any other person within the unit,
without receiving direct compensation from the person receiving
the service.
Sec. 278. Section 158.3, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Presents a certificate, or satisfactory evidence, to the
department that the applicant has successfully completed tenth
grade, or the equivalent. The provisions of this subsection
shall not apply to students enrolled in a barber school
maintained at an institution under the control of a director of
a division of the department of health and human services.
Sec. 279. Section 163.3A, subsection 2, Code 2023, is
-209-amended to read as follows:
2. The services shall be performed under the direction of
the department and may be part of measures authorized by the
governor under a declaration or proclamation issued pursuant
to chapter 29C. In such case, the department shall cooperate
with the Iowa department of public health and human services
under chapter 135, and the department of homeland security and
emergency management, and local emergency management agencies
as provided in chapter 29C.
Sec. 280. Section 190B.102, subsection 3, Code 2023, is
amended to read as follows:
3. The department of agriculture and land stewardship, the
department of public health, the department of health and human
services, and the department of inspections and appeals shall
cooperate with the department of revenue to administer this
subchapter.
Sec. 281. Section 204.7, subsection 8, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The consumable hemp product complies with packaging
and labeling requirements, which shall be established by the
department of inspections health and appeals human services by
rule.
Sec. 282. Section 204.7, subsection 8, paragraphs b and c,
Code 2023, are amended to read as follows:
b. A person manufacturing a consumable hemp product in
this state shall register with the department of inspections
health and appeals human services on a form prescribed by
the department of inspections health and appeals human
services by rule. The department of inspections health and
appeals human services may impose a fee, established by the
department of inspections health and appeals human services
by rule, on a registrant not to exceed the cost of processing
the registration. The department of inspections health and
appeals human services shall adopt rules for the revocation
of a registration issued to a manufacturer who manufactures a
-210-consumable hemp product not in compliance with this chapter.
c. A person selling a consumable hemp product in this state
shall register with the department of inspections health and
appeals human services on a form prescribed by the department
of inspections health and appeals human services by rule and
shall keep on the premises of the person’s business a copy
of the certificate of analysis issued pursuant to section
204.8 for the hemp contained in the consumable hemp products
sold by the person. The department of inspections health and
appeals human services may impose a fee, established by the
department of inspections health and appeals human services
by rule, on a registrant not to exceed the cost of processing
the registration. The department of inspections health and
appeals human services shall adopt rules for the revocation of
a registration issued to a person who sells a consumable hemp
product not in compliance with this section.
Sec. 283. Section 206.2, subsection 17, paragraph c, Code
2023, is amended to read as follows:
c. To which reference is made on the label or in
literature accompanying the pesticide or device, except when
accurate, nonmisleading reference is made to current official
publications of the United States department of agriculture or
interior, the United States public health service, the state
agricultural experiment stations, the Iowa state university,
the Iowa department of public health and human services, the
department of natural resources, or other similar federal
institutions or official agencies of this state or other
states authorized by law to conduct research in the field of
pesticides.
Sec. 284. Section 216.6, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Person to solicit or require as a condition of employment
of any employee or prospective employee a test for the presence
of the antibody to the human immunodeficiency virus or to
affect the terms, conditions, or privileges of employment or
-211-terminate the employment of any employee solely as a result
of the employee obtaining a test for the presence of the
antibody to the human immunodeficiency virus. An agreement
between an employer, employment agency, labor organization,
or their employees, agents, or members and an employee or
prospective employee concerning employment, pay, or benefits to
an employee or prospective employee in return for taking a test
for the presence of the antibody to the human immunodeficiency
virus, is prohibited. The prohibitions of this paragraph
do not apply if the state epidemiologist determines and the
director of public health and human services declares through
the utilization of guidelines established by the center for
disease control of the United States department of health and
human services, that a person with a condition related to
acquired immune deficiency syndrome poses a significant risk
of transmission of the human immunodeficiency virus to other
persons in a specific occupation.
Sec. 285. Section 216A.1, Code 2023, is amended to read as
follows:
216A.1 Department of health and human services — human
rights — purpose.
1. A The department of health and human rights is created,
with the following divisions and offices services shall be
responsible for all of the following:
a. Division of community Community advocacy and services,
with the following offices:
(1) Office of Latino affairs.
(2) Office on the status of women.
(3) Office of persons with disabilities.
(4) Office of deaf services.
(5) Office on the status of African Americans.
(6) Office of Asian and Pacific Islander affairs.
(7) Office of Native American affairs.
b. Division of community Community action agencies.
c. Division of criminal Criminal and juvenile justice
-212-planning.
2. The purpose of the department under this chapter and as
otherwise provided by law is to ensure basic rights, freedoms,
and opportunities for all by empowering underrepresented Iowans
and eliminating economic, social, and cultural barriers.
3. The department shall implement the comprehensive
strategic plan approved by the board under section 216A.3 and
shall issue an annual report to the governor and the general
assembly no later than November 1 of each year concerning the
operations of the department relating to responsibilities for
human rights.
Sec. 286. Section 216A.3, Code 2023, is amended to read as
follows:
216A.3 Human rights board.
1. A human rights board is created within the department of
human rights.
2. The board shall consist of sixteen members, including
eleven voting members and five nonvoting members and determined
as follows:
a. The voting members shall consist of nine voting members
selected by each of the permanent commissions within the
department, and two voting members, appointed by the governor.
For purposes of this paragraph “a”, “permanent commissions”
means the commission of Latino affairs, commission on the
status of women, commission of persons with disabilities,
commission on community action agencies, commission of deaf
services, justice advisory board, commission on the status of
African Americans, commission of Asian and Pacific Islander
affairs, and commission of Native American affairs. The term
of office for voting members is four years.
b. The nonvoting members shall consist of the department
director, two state representatives, one appointed by the
speaker of the house of representatives and one by the minority
leader of the house of representatives, and two state senators,
one appointed by the majority leader of the senate and one by
-213-the minority leader of the senate.
3. A majority of the voting members of the board shall
constitute a quorum, and the affirmative vote of two-thirds of
the voting members present is necessary for any substantive
action taken by the board. The board shall select a
chairperson from the voting members of the board. The board
shall meet not less than four times a year.
4. The board shall have the following duties:
a. Develop develop and monitor implementation of
a comprehensive strategic plan to remove barriers for
underrepresented populations and, in doing so, to increase
Iowa’s productivity and inclusivity, including performance
measures and benchmarks.
b. Approve, disapprove, amend, or modify the budget
recommended by the department director for the operation of
the department, subject to the budget requirements pursuant to
chapter 8.
c. Adopt administrative rules pursuant to chapter 17A,
upon the recommendation of the department director, for the
operation of the department.
d. By November 1 of each year, approve the department report
to the general assembly and the governor that covers activities
during the preceding fiscal year.
Sec. 287. Section 216A.4, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the department of health and human
rights services.
3. “Department director” “Director” means the director of
the department of health and human rights services.
Sec. 288. Section 216A.6, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. Department, or division, or office evaluations of
information about a person seeking or receiving advocacy
services.
Sec. 289. Section 216A.7, Code 2023, is amended to read as
-214-follows:
216A.7 Access to information.
Upon request of the director, or an office, a commission,
or a council, or administrator of a division of the department
created under this chapter, all boards, agencies, departments,
and offices of the state shall make available nonconfidential
information, records, data, and statistics which are relevant
to the populations or groups served by the offices, councils,
and commissions of the department.
Sec. 290. Section 216A.11, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office of Latino affairs of the
department of human rights.
Sec. 291. Section 216A.13, subsection 2, Code 2023, is
amended to read as follows:
2. Serve as liaison between the department of human rights
and the public, sharing information and gathering constituency
input.
Sec. 292. Section 216A.15, subsection 4, Code 2023, is
amended to read as follows:
4. Recommend to the department director policies and
programs for the office.
Sec. 293. Section 216A.51, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office on the status of women of the
department of human rights.
Sec. 294. Section 216A.71, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office of persons with disabilities of
the department of human rights.
Sec. 295. Section 216A.91, Code 2023, is amended to read as
follows:
216A.91 Definitions.
For purposes of this subchapter, unless the context
otherwise requires:
-215- 1. “Administrator” means the administrator of the division
of community action agencies of the department of human rights.
2. 1. “Commission” means the commission on community action
agencies.
3. 2. “Community action agency” means a public agency
or a private nonprofit agency which is authorized under its
charter or bylaws to receive funds to administer community
action programs and is designated by the governor to receive
and administer the funds.
4. 3. “Community action program” means a program conducted
by a community action agency which includes projects to provide
a range of services to improve the conditions of poverty in the
area served by the community action agency.
5. “Delegate agency” means a subgrantee or contractor
selected by the community action agency.
6. “Division” means the division of community action
agencies of the department of human rights.
Sec. 296. Section 216A.92, Code 2023, is amended to read as
follows:
216A.92 Division of community Community action agencies.
1. The division of community action agencies is
established. The purpose of the division of community action
agencies is to The department shall strengthen, supplement,
and coordinate efforts to develop the full potential of each
citizen by recognizing certain community action agencies and
supporting certain community-based programs delivered by
community action agencies.
2. The division department shall do all of the following:
a. Provide financial assistance for community action
agencies to implement community action programs, as permitted
by the community service block grant and subject to the funding
made available for the program.
b. Administer the community services block grant, the
low-income energy assistance block grants, department of energy
funds for weatherization, and other possible funding sources.
-216-If a political subdivision is the community action agency,
the financial assistance shall be allocated to the political
subdivision.
c. Implement accountability measures for its programs and
require regular reporting on the measures by the community
action agencies.
d. Issue an annual report to the governor and general
assembly by July 1 of each year.
Sec. 297. Section 216A.92B, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Recommend to the board the adoption of rules pursuant
to chapter 17A as it deems necessary for the commission and
division department.
3. Serve as liaisons between the division department and the
public, sharing information and gathering constituency input.
Sec. 298. Section 216A.93, Code 2023, is amended to read as
follows:
216A.93 Establishment of community action agencies.
The division department shall recognize and assist in the
designation of certain community action agencies to assist in
the delivery of community action programs. These programs
shall include but not be limited to outreach, community
services block grant, low-income energy assistance, and
weatherization programs. If a community action agency is in
effect and currently serving an area, that community action
agency shall become the designated community action agency
for that area. If any geographic area of the state ceases
to be served by a designated community action agency, the
division department may solicit applications and assist the
governor in designating a community action agency for that
area in accordance with current community services block grant
requirements.
Sec. 299. Section 216A.98, Code 2023, is amended to read as
follows:
216A.98 Audit.
-217- Each community action agency shall be audited annually but
shall not be required to obtain a duplicate audit to meet the
requirements of this section. In lieu of an audit by the
auditor of state, the community action agency may contract with
or employ a certified public accountant to conduct the audit,
pursuant to the applicable terms and conditions prescribed by
sections 11.6, 11.14, and 11.19 and an audit format prescribed
by the auditor of state. Copies of each audit shall be
furnished to the division department in a manner prescribed by
the division department.
Sec. 300. Section 216A.99, subsection 1, Code 2023, is
amended to read as follows:
1. The administrator department shall provide financial
assistance for community action agencies to implement community
action programs, as permitted by the community service block
grant, administer the low-income energy assistance block
grants, department of energy funds for weatherization received
in Iowa, and other possible funding sources.
Sec. 301. Section 216A.102, subsection 3, Code 2023, is
amended to read as follows:
3. Under rules developed adopted by the division of
community action agencies of the department of human rights
and adopted by the board, the fund may be used to negotiate
reconnection of essential utility services with the energy
provider.
Sec. 302. Section 216A.104, subsection 1, Code 2023, is
amended to read as follows:
1. The general assembly finds that provision of assistance
to prevent utility disconnections will also prevent the
development of public health risks due to such disconnections.
The division department shall establish an energy utility
assessment and resolution program administered by each
community action agency for persons with low incomes who have
or need a deferred payment agreement or are in need of an
emergency fuel delivery to address home energy utility costs.
-218- Sec. 303. Section 216A.104, subsection 2, paragraphs b and
f, Code 2023, are amended to read as follows:
b. The person is a residential customer of an energy utility
approved for the program by the division department.
f. The person complies with other eligibility requirements
adopted in rules by the division department.
Sec. 304. Section 216A.107, subsection 1, Code 2023, is
amended to read as follows:
1. A family development and self-sufficiency council is
established within the department of human rights. The council
shall consist of the following persons:
a. The director of the department of human services or the
director’s designee.
b. The director of the department of public health or the
director’s designee.
c. The administrator of the division of community
action agencies of the department of human rights or the
administrator’s designee.
d. b. The director of the school of social work at the
university of Iowa or the director’s designee.
e. c. The dean of the college of human sciences at Iowa
state university or the dean’s designee.
f. d. Two recipients or former recipients of the family
investment program, selected by the other members of the
council.
g. e. One recipient or former recipient of the family
investment program who is a member of a racial or ethnic
minority, selected by the other members of the council.
h. f. One member representing providers of services to
victims of domestic violence, selected by the other members of
the council.
i. g. The head of the department of design, textiles,
gerontology, and family studies at the university of northern
Iowa or that person’s designee.
j. h. The director of the department of education or the
-219-director’s designee.
k. i. The director of the department of workforce
development or the director’s designee.
l. j. Two persons representing the business community,
selected by the other members of the council.
m. k. Two members from each chamber of the general
assembly serving as ex officio, nonvoting members. The two
members of the senate shall be appointed one each by the
majority leader and the minority leader of the senate. The two
members of the house of representatives shall be appointed one
each by the speaker and the minority leader of the house of
representatives.
Sec. 305. Section 216A.107, subsection 3, paragraph c,
subparagraphs (1) and (3), Code 2023, are amended to read as
follows:
(1) Designation of families to be served that meet one or
more criteria for being at risk of dependency on the family
investment program or of family instability, and agreement
to serve clients that are referred by the department of
human services from the family investment program which
meet the criteria. The criteria may include but are not
limited to factors such as educational level, work history,
family structure, age of the youngest child in the family,
previous length of stay on the family investment program, and
participation in the family investment program or the foster
care program while the head of a household was a child. Grant
proposals shall also establish the number of families to be
served under the grant.
(3) Designation of the manner in which other needs of the
families will be provided for, including but not limited to
child care assistance, transportation, substance abuse use
disorder treatment, support group counseling, food, clothing,
and housing.
Sec. 306. Section 216A.107, subsection 4, Code 2023, is
amended to read as follows:
-220- 4. a. The division department shall administer the family
development and self-sufficiency grant program. The department
of human services shall disclose to the division confidential
information pertaining to individuals receiving services under
the grant program, as authorized under section 217.30. The
division and the department of human services shall share
information and data necessary for tracking performance
measures of the family development and self-sufficiency grant
program, for referring families participating in the promoting
independence and self-sufficiency through employment job
opportunities and basic skills (PROMISE JOBS) program under
section 239B.17 and related activities and programs to the
grant program, and for meeting federal reporting requirements.
The division and the department of human services may by mutual
agreement, as specified in the memorandum of agreement entered
into in accordance with paragraph “b”, add to or delete from
the initial shared information items listed in this lettered
paragraph. The initial shared information shall include but is
not limited to all of the following:
(1) Family enrollments and exits to and from each of the
programs.
(2) Monthly reports of individual participant activity in
PROMISE JOBS components that are countable work activities
according to federal guidelines applicable to those components.
(3) Aggregate grant program participant activity in all
PROMISE JOBS program components.
(4) Work participation rates for grant program participants
who were active family investment program participants.
(5) The average hourly wage of grant program participants
who left the family investment program.
(6) The percentage of grant program participants who exited
from the grant program at or after the time family investment
program participation ended and did not reenroll in the family
investment program for at least one year.
b. The division shall develop a memorandum of agreement
-221-with the department of human services to share outcome data and
coordinate referrals and delivery of services to participants
in the family investment program under chapter 239B and the
grant program and other shared clients and shall provide the
department of human services with information necessary for
compliance with federal temporary assistance for needy families
block grant state plan and reporting requirements, including
but not limited to financial and data reports.
c. b. To the extent that the family development and
self-sufficiency grant program is funded by the federal
temporary assistance for needy families block grant and by the
state maintenance of efforts funds appropriated in connection
with the block grant, the division department shall comply with
all federal requirements for the block grant. The division
department is responsible for payment of any federal penalty
imposed that is attributable to the grant program and shall
receive any federal bonus payment attributable to the grant
program.
d. c. The division department shall ensure that
expenditures of moneys appropriated to the department of human
services from the general fund of the state for the family
development and self-sufficiency grant program are eligible to
be considered as state maintenance of effort expenditures under
federal temporary assistance for needy families block grant
requirements.
e. d. The commission department shall consider the
recommendations of the council in adopting rules pertaining to
the grant program.
f. e. The division department shall submit to the governor
and general assembly on or before November 30 following the
end of each state fiscal year, a report detailing performance
measure and outcome data evaluating the family development and
self-sufficiency grant program for the fiscal year that just
ended.
Sec. 307. Section 216A.111, subsection 2, Code 2023, is
-222-amended to read as follows:
2. “Office” means the office of deaf services of the
department of human rights.
Sec. 308. Section 216A.131, Code 2023, is amended to read
as follows:
216A.131 Definitions.
For the purpose of this subchapter, unless the context
otherwise requires:
1. “Administrator” means the administrator of the division
of criminal and juvenile justice planning.
2. 1. “Board” means the justice advisory board.
3. 2. “Department” means the department of health and human
rights services.
4. “Division” means the division of criminal and juvenile
justice planning.
Sec. 309. Section 216A.131A, Code 2023, is amended to read
as follows:
216A.131A Division of criminal Criminal and juvenile justice
planning.
The division of criminal and juvenile justice planning is
established to department shall fulfill the responsibilities
of this subchapter, including the duties specified in sections
216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
Sec. 310. Section 216A.132, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Additional voting members of the board, each serving a
four-year term, shall include one representative from each of
the following:
(1) The Iowa coalition against sexual assault.
(2) The American civil liberties union of Iowa.
(3) The Iowa county attorneys association.
(4) The department of health and human services.
(5) The department of corrections.
(6) A judicial district department of correctional
services.
-223- (7) The department of public safety.
(8) The office on the status of African Americans.
(9) The department of public health.
(10) (8) The board of parole.
(11) (9) The department of justice.
(12) (10) The state public defender.
(13) (11) The governor’s office of drug control policy.
Sec. 311. Section 216A.132, subsection 3, Code 2023, is
amended to read as follows:
3. Members of the board shall receive reimbursement
from the state for actual and necessary expenses incurred
in the performance of their official duties and may also
be eligible to receive compensation as provided in section
7E.6. All expense moneys paid to nonlegislative members shall
be paid from funds appropriated to the division department.
Legislative members shall receive compensation as provided in
sections 2.10 and 2.12.
Sec. 312. Section 216A.133, subsection 2, Code 2023, is
amended to read as follows:
2. The board shall advise the division department on its
administration of state and federal grants and appropriations
and shall carry out other functions consistent with this
subchapter.
Sec. 313. Section 216A.133, subsection 3, paragraphs i, j,
k, l, and r, Code 2023, are amended to read as follows:
i. Providing input to the department director in the
development of budget recommendations for the division
department.
j. Coordinating with the administrator to develop and
make Developing and making recommendations to the department
director pursuant to section 216A.2.
k. Serving as a liaison between the division department
and the public, sharing information and gathering constituency
input.
l. Recommending to the department the adoption of rules
-224-pursuant to chapter 17A as it deems necessary for the board and
division department.
r. Reviewing data supplied by the division department, the
department of management, the legislative services agency, the
Iowa supreme court, and other departments or agencies for the
purpose of determining the effectiveness and efficiency of the
collection of such data.
Sec. 314. Section 216A.136, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The division department shall maintain an Iowa statistical
analysis center for the purpose of coordinating with data
resource agencies to provide data and analytical information to
federal, state, and local governments, and assist agencies in
the use of criminal and juvenile justice data. Notwithstanding
any other provision of state law, unless prohibited by federal
law or regulation, the division department shall be granted
access, for purposes of research and evaluation, to criminal
history records, official juvenile court records, juvenile
court social records, and any other data collected or under
control of the board of parole, department of corrections,
department of workforce development, district departments of
correctional services, department of human services, judicial
branch, and department of public safety. However, intelligence
data and peace officer investigative reports maintained by the
department of public safety shall not be considered data for
the purposes of this section. Any record, data, or information
obtained by the division department under this section and
the division department itself is subject to the federal and
state confidentiality laws and regulations which are applicable
to the original record, data, or information obtained by the
division department and to the original custodian of the
record, data, or information. The access shall include but is
not limited to all of the following:
Sec. 315. Section 216A.137, Code 2023, is amended to read
as follows:
-225- 216A.137 Correctional policy project.
1. The division department shall maintain an Iowa
correctional policy project for the purpose of conducting
analyses of major correctional issues affecting the criminal
and juvenile justice system. The board shall identify and
prioritize the issues and studies to be addressed by the
division department through this project and shall report
project plans and findings annually along with the report
required in section 216A.135. Issues and studies to be
considered by the board shall include but are not limited
to a review of the information systems available to assess
corrections trends and program effectiveness, the development
of an evaluation plan for assessing the impact of corrections
expenditures, and a study of the desirability and feasibility
of changing the state’s sentencing practices, which includes
a prison population forecast.
2. The division department may form subcommittees for the
purpose of addressing major correctional issues affecting the
criminal and juvenile justice system. The division department
shall establish a subcommittee to address issues specifically
affecting the juvenile justice system.
Sec. 316. Section 216A.138, subsections 1, 2, 4, and 7, Code
2023, are amended to read as follows:
1. The division department shall coordinate the development
of a multiagency database to track the progress of juveniles
through various state and local agencies and programs. The
division department shall develop a plan which utilizes
existing databases, including the Iowa court information
system, the federally mandated national adoption and foster
care information system, and the other state and local
databases pertaining to juveniles, to the extent possible.
2. The department of human services, department of
corrections, judicial branch, department of public safety,
department of education, local school districts, and other
state agencies and political subdivisions shall cooperate with
-226-the division department in the development of the plan.
4. The division department shall develop the plan within
the context of existing federal privacy and confidentiality
requirements. The plan shall build upon existing resources and
facilities to the extent possible.
7. If the division department has insufficient funds and
resources to implement this section, the division department
shall determine what, if any, portion of this section may be
implemented, and the remainder of this section shall not apply.
Sec. 317. Section 216A.140, subsection 5, Code 2023, is
amended to read as follows:
5. Membership. The youth development council membership
shall be determined by the council itself and shall include the
directors or chief administrators, or their designees, from the
following state agencies and programs:
a. Child advocacy board.
b. Iowa commission on volunteer service in the office of
the governor.
c. b. Department of education.
d. Department of human rights.
e. Department of human services.
f. c. Department of public health and human services.
g. d. Department of workforce development.
h. e. Governor’s office Office of drug control policy.
i. f. Iowa cooperative extension service in agriculture and
home economics.
j. Early childhood Iowa office in the department of
management.
Sec. 318. Section 216A.140, subsection 8, paragraphs b and
c, Code 2023, are amended to read as follows:
b. The youth advisory council shall consist of no more
than twenty-one youth ages fourteen through twenty years who
reside in Iowa. Membership shall be for two-year staggered
terms. The department director, or the director’s designee,
shall select council members using an application process. The
-227-department director or the director’s designee shall strive
to maintain a diverse council membership and shall take into
consideration race, ethnicity, disabilities, gender, and
geographic location of residence of the applicants.
c. Except as otherwise provided by law, the youth advisory
council shall determine its own rules of procedure and
operating policies, subject to approval by the department
director or the director’s designee.
Sec. 319. Section 216A.141, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office on the status of African
Americans of the department of human rights.
Sec. 320. Section 216A.151, subsection 3, Code 2023, is
amended to read as follows:
3. “Office” means the office of Asian and Pacific Islander
affairs of the department of human rights.
Sec. 321. Section 216A.161, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office of Native American affairs of
the department of human rights.
Sec. 322. Section 216D.2, subsection 2, Code 2023, is
amended to read as follows:
2. “Public office building” means the state capitol, all
county courthouses, all city halls, and all buildings used
primarily for governmental offices of the state or any county
or city. It does not include public schools or buildings
at institutions of the state board of regents or the state
department of health and human services.
Sec. 323. NEW SECTION. 217.01 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Council” means the council on health and human services.
2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
-228-services.
Sec. 324. Section 217.1, Code 2023, is amended to read as
follows:
217.1 Programs of department.
There is established a department of health and human
services to administer programs designed to protect and improve
the health, well-being, and productivity of the people of
the state of Iowa. The department shall concern itself with
the problems of human behavior, adjustment, and daily living
through the administration of programs of family, child, and
adult welfare, economic assistance including costs of medical
care, rehabilitation toward self-care and support, delinquency
prevention and control, treatment and rehabilitation of
juvenile offenders, care and treatment of persons with mental
illness or an intellectual disability, public health, and other
related programs as provided by law.
Sec. 325. Section 217.2, Code 2023, is amended to read as
follows:
217.2 Council on health and human services.
1. a. There is created within the department of human
services a council on health and human services which shall
act in a policymaking and advisory capacity on matters within
the jurisdiction of the department. The council shall consist
of seven nine voting members appointed by the governor subject
to confirmation by the senate. Appointments shall be made
on the basis of interest in public affairs, good judgment,
and knowledge and ability in the field of health and human
services. Appointments shall be made to provide a diversity of
interest and point of view in the membership and without regard
to religious opinions or affiliations. The voting members of
the council shall serve for six-year staggered terms.
b. Each term of a voting member shall commence and end as
provided by section 69.19.
c. All voting members of the council shall be electors
of the state of Iowa. No more than four five members shall
-229-belong to the same political party and no more than two three
members shall, at the time of appointment, reside in the same
congressional district. At least one member of the council
shall be a member of a county board of supervisors at the time
of appointment to the council. At least one member of the
council shall be a physician licensed to practice medicine in
Iowa. Vacancies occurring during a term of office shall be
filled in the same manner as the original appointment for the
balance of the unexpired term subject to confirmation by the
senate.
2. In addition to the voting members described in subsection
1, the membership of the council shall include four legislators
as ex officio, nonvoting members. The four legislators shall
be appointed one each by the majority leader of the senate,
the minority leader of the senate, the speaker of the house
of representatives, and the minority leader of the house of
representatives for terms as provided in section 69.16B.
Sec. 326. Section 217.3, Code 2023, is amended to read as
follows:
217.3 Duties of council.
The council on human services shall:
1. Organize annually and select a chairperson and vice
chairperson.
2. Adopt and establish policy for the operation and
conduct of the department of human services, subject to any
guidelines which may be adopted by the general assembly, and
the implementation of all services and programs thereunder
administered by the department.
3. Report immediately to the governor any failure by the
director or any administrator of the department of human
services to carry out any of the policy decisions or directives
of the council.
4. Approve the budget of the department of human services
prior to submission to the governor. Prior to approval of the
budget, the council shall publicize and hold a public hearing
-230-to provide explanations and hear questions, opinions, and
suggestions regarding the budget. Invitations to the hearing
shall be extended to the governor, the governor-elect, the
director of the department of management, and other persons
deemed by the council as integral to the budget process. The
budget materials submitted to the governor shall include a
review of options for revising the medical assistance program
made available by federal action or by actions implemented
by other states as identified by the department, the medical
assistance advisory council created in section 249A.4B, and
by county representatives. The review shall address what
potential revisions could be made in this state and how the
changes would be beneficial to Iowans.
5. Insure that all programs administered or services
rendered by the department directly to any citizen or through
a local agency to any citizen are coordinated and integrated
so that any citizen does not receive a duplication of services
from various departments or local agencies that could be
rendered by one department or local agency. If the council
finds that such is not the case, it shall hear and determine
which department or local agency shall provide the needed
service or services and enter an order of their determination
by resolution of the council which must be concurred in by
at least a majority of the members. Thereafter such order
or resolution of the council shall be obeyed by all state
departments and local agencies to which it is directed.
6. Adopt all necessary rules recommended by the director or
administrators of divisions hereinafter established department
prior to their promulgation pursuant to chapter 17A.
7. Approve the establishment of any new division or
reorganization, consolidation or abolition of any established
division prior to the same becoming effective.
8. 7. Recommend to the governor the names of individuals
qualified for the position of director of human services when a
vacancy exists in the office.
-231- Sec. 327. Section 217.3A, Code 2023, is amended to read as
follows:
217.3A Advisory committees.
1. General. The council on human services shall establish
and utilize the advisory committee identified in this section
and may establish and utilize other ad hoc advisory committees
as determined necessary to advise the council. The council
shall establish appointment provisions, membership terms,
operating guidelines, and other operational requirements for
committees established pursuant to this section.
2. Child abuse prevention. The council shall establish a
child abuse prevention program advisory committee to support
the child abuse prevention program implemented in accordance
with section 235A.1. The duties of the advisory committee
shall include all of the following:
a. Advise the director of human services and the
administrator of the division of the department of human
services responsible for child and family programs regarding
expenditures of funds received for the child abuse prevention
program.
b. Review the implementation and effectiveness of
legislation and administrative rules concerning the child abuse
prevention program.
c. Recommend changes in legislation and administrative rules
to the general assembly and the appropriate administrative
officials.
d. Require reports from state agencies and other entities as
necessary to perform its duties.
e. Receive and review complaints from the public concerning
the operation and management of the child abuse prevention
program.
f. Approve grant proposals.
Sec. 328. Section 217.4, Code 2023, is amended to read as
follows:
217.4 Meetings of council.
-232- The council shall meet at least monthly. Additional
meetings shall be called by the chairperson or upon written
request of any three council members thereof as necessary to
carry out the duties of the council. The chairperson shall
preside at all meetings or in the absence of the chairperson
the vice chairperson shall preside. The members of the council
shall be paid a per diem as specified in section 7E.6 and their
reasonable and necessary expenses.
Sec. 329. Section 217.5, Code 2023, is amended to read as
follows:
217.5 Director of health and human services.
The chief administrative officer for the department of human
services is the director of human services. The director shall
be appointed by the governor subject to confirmation by the
senate and shall serve at the pleasure of the governor. The
governor shall fill a vacancy in this office in the same manner
as the original appointment was made. The director shall be
selected primarily for administrative ability. The director
shall not be selected on the basis of political affiliation
and shall not engage in political activity while holding this
position.
Sec. 330. NEW SECTION. 217.5A Attorneys — legal counsel
and advice.
Notwithstanding section 13.7, the department may employ or
retain attorneys to provide legal counsel and advice. However,
section 13.7 shall govern the employment or retention of
attorneys by the department to represent the department in any
action or proceeding brought in any court or tribunal.
Sec. 331. Section 217.6, Code 2023, is amended to read as
follows:
217.6 Rules and regulations — organization of department.
1. The director is hereby authorized to may recommend
to the council for adoption such rules and regulations as
are necessary to carry into practice administer the duties,
functions, and programs of the various divisions and to
-233-establish such divisions and to assign or reassign duties,
powers, and responsibilities within the department, all with
the approval of the council on human services, within the
department as the director deems necessary and appropriate
for the proper administration of the duties, functions and
programs with which the department is charged. Any action
taken, decision made, or administrative rule adopted by any
administrator of a division may be reviewed by the director.
The director, upon such review, may affirm, modify, or reverse
any such action, decision, or rule.
2. The rules and regulations adopted for the public benefits
and programs administered by the department of human services
shall apply the residency eligibility restrictions required by
federal and state law.
3. The director shall organize the department of human
services into divisions subunits as necessary to most
efficiently carry out in an efficient manner the intent
of this chapter and any other chapter the department is
responsible for administering. The department of human
services may be initially divided into the following divisions
of responsibility:
a. The division of child and family services.
b. The division of mental health and disability services.
c. The division of administration.
d. The division of planning, research, and statistics.
4. If the department of human services requires or requests
a service consumer, service provider, or other person to
maintain required documentation in electronic form, the
department shall accept such documentation submitted by
electronic means and shall not require a physical copy of the
documentation unless required by state or federal law.
Sec. 332. Section 217.13, Code 2023, is amended to read as
follows:
217.13 Department to provide certain volunteer services —
volunteer liability.
-234- 1. The department of human services shall establish
volunteer programs designed to enhance the services provided
by the department. Roles for volunteers may include but shall
not be limited to parent aides, friendly visitors, commodity
distributors, clerical assistants, medical transporters, and
other functions to complement and supplement the department’s
work with clients. Roles for volunteers shall include
conservators and guardians. The department shall adopt rules
for programs which are established.
2. a. The director shall appoint a coordinator of volunteer
services to oversee the provision of services of volunteer
conservators and guardians on a volunteer basis to individuals
in this state requiring such services. The coordinator,
after consulting with personnel assigned to the district of
the department, shall recommend to the director how best to
serve the needs of individuals in need of the services of a
guardian or conservator. Where possible, the coordinator shall
recommend that the services be provided on a multicounty basis.
b. The coordinator shall cooperate with the administrators
of the divisions of the department in providing these services
and shall seek out alternative sources for providing the
services required under this section.
3. All volunteers registered with the department and
in compliance with departmental rules are considered state
employees for purposes of chapter 669. However, this section
does not except a conservator or guardian from an action
brought under section 658.1A or 658.3. This section does not
relieve a guardian or conservator from duties under chapter
633.
Sec. 333. Section 217.18, Code 2023, is amended to read as
follows:
217.18 Official seal.
The department shall have an official seal with the words
“Iowa Department of Health and Human Services” and such other
design as the department prescribes engraved thereon on the
-235-seal. Every commission, order, or other paper of an official
nature executed by the department may be attested with such the
seal.
Sec. 334. Section 217.19, Code 2023, is amended to read as
follows:
217.19 Expenses.
1. The director of said department, and the director’s
staff, assistants, and employees shall, in addition to salary,
receive their necessary traveling expenses by the nearest
traveled and practicable route, when engaged in the performance
of official business.
2. The department of administrative services shall work
with the department of human services to develop and implement
an expense policy applicable to the members of a board,
commission, committee, or other body under the auspices of the
department of human services who meet the income requirements
for payment of per diem in accordance with section 7E.6,
subsection 2. The policy shall allow for the payment of
the member’s expenses to be addressed through use of direct
billings, travel purchase card, prepaid expenses, or other
alternative means of addressing the expenses in lieu of
reimbursement of the member.
Sec. 335. Section 217.21, Code 2023, is amended to read as
follows:
217.21 Annual report.
The department shall, annually, at the time provided by law
make a report to the governor and general assembly, and cover
therein in the report the annual period ending with June 30
preceding, which report shall embrace include:
1. An itemized statement of its the department’s
expenditures concerning each program under its the department’s
administration.
2. Adequate and complete statistical reports for the
state as a whole concerning all payments made under its the
department’s administration.
-236- 3. Such recommendations as to changes in laws under its the
department’s administration as the director may deem necessary.
4. The observations and recommendations of the director and
the council on human services relative to the programs of the
department.
5. Such other information as the director or council on
human services may deem deems advisable, or which may be
requested by the governor or by the general assembly.
Sec. 336. Section 217.23, Code 2023, is amended to read as
follows:
217.23 Personnel — merit system — reimbursement for damaged
property.
1. The director of human services or the director’s
designee, shall employ such personnel as are necessary for the
performance of the duties and responsibilities assigned to
the department. All employees shall be selected on a basis
of fitness for the work to be performed with due regard to
training and experience and shall be subject to the provisions
of chapter 8A, subchapter IV.
2. The department may expend moneys from the support
allocation of the department as reimbursement for replacement
or repair of personal items of the department’s employees
damaged or destroyed by clients of the department during the
employee’s tour of duty. However, the reimbursement shall not
exceed three hundred dollars for each item. The department
shall establish rules in accordance with chapter 17A to carry
out the purpose of this section.
Sec. 337. Section 217.24, Code 2023, is amended to read as
follows:
217.24 Payment by electronic funds transfer.
The department of human services shall continue expanding
the practice of making payments to program participants and
vendors by means of electronic funds transfer. The department
shall seek the capacity for making payment by such means for
all programs administered by the department.
-237- Sec. 338. Section 217.32, Code 2023, is amended to read as
follows:
217.32 Office space in county.
Where When the department of human services assigns
personnel to an office located in a county for the purpose of
performing in that county designated eligibility for economic
and medical assistance programs and protective services duties
and responsibilities assigned by law to the department, it
shall be the responsibility of the county to provide and
maintain the necessary office space and office supplies and
equipment for the personnel so assigned in the same manner as
if they were employees of the county. The department shall at
least annually, or more frequently if the department so elects,
reimburse the county for a portion, designated by law, of the
cost of maintaining office space and providing supplies and
equipment as required by this section, and also for a similar
portion of the cost of providing the necessary office space if
in order to do so it is necessary for the county to lease office
space outside the courthouse or any other building owned by the
county. The portion of the foregoing costs reimbursed to the
county under this section shall be equivalent to the proportion
of those costs which the federal government authorizes to be
paid from available federal funds, unless the general assembly
directs otherwise when appropriating funds for support of the
department.
Sec. 339. Section 217.33, Code 2023, is amended to read as
follows:
217.33 Legal services.
The director of human services pursuant to a state plan
funded in part by the federal government may provide services
for eligible persons by contract with nonprofit legal aid
organizations.
Sec. 340. Section 217.34, Code 2023, is amended to read as
follows:
217.34 Debt setoff.
-238- The investigations division of the department of inspections
and appeals and the department of human services shall provide
assistance to set off against a person’s or provider’s income
tax refund or rebate any debt which has accrued through written
contract, nonpayment of premiums pursuant to section 249A.3,
subsection 2, paragraph “a”, subparagraph (1), subrogation,
departmental recoupment procedures, or court judgment and which
is in the form of a liquidated sum due and owing the department
of human services. The department of inspections and appeals,
with approval of the department of human services, shall adopt
rules under chapter 17A necessary to assist the department of
administrative services in the implementation of the setoff
under section 8A.504 in regard to money owed to the state for
public assistance overpayments or nonpayment of premiums as
specified in this section. The department of human services
shall adopt rules under chapter 17A necessary to assist the
department of administrative services in the implementation of
the setoff under section 8A.504, in regard to collections by
the child support recovery unit services and the foster care
recovery unit services.
Sec. 341. Section 217.35, Code 2023, is amended to read as
follows:
217.35 Fraud and recoupment activities.
Notwithstanding the requirement for deposit of recovered
moneys under section 239B.14, recovered moneys generated
through fraud and recoupment activities are appropriated to
the department of human services to be used for additional
fraud and recoupment activities performed by the department of
human services or the department of inspections and appeals.
The department of human services may use the recovered
moneys appropriated to add not more than five full-time
equivalent positions, in addition to those funded by annual
appropriations. The appropriation of the recovered moneys is
subject to both of the following conditions:
1. The director of human services determines that the
-239-investment can reasonably be expected to increase recovery of
assistance paid in error, due to fraudulent or nonfraudulent
actions, in excess of the amount recovered in the previous
fiscal year.
2. The amount expended for the additional fraud and
recoupment activities shall not exceed the amount of the
projected increase in assistance recovered.
Sec. 342. Section 217.36, Code 2023, is amended to read as
follows:
217.36 Distribution of earned income tax credit information.
1. The department shall ensure that educational materials
relating to the federal and state earned income tax credits
are provided in accordance with this section to each household
receiving assistance or benefits under:
a. The hawk-i Hawki program under chapter 514I.
b. The family investment program under chapter 239B.
c. The medical assistance Act program under chapter 249A.
d. The food programs defined in section 234.1 which are
administered by the department.
e. Any other appropriate programs administered by, or under
the oversight of, the department of human services.
2. The department shall, by mail or through the internet,
provide a household described in subsection 1 with access to:
a. Internal revenue service publications relating to the
federal earned income tax credit.
b. Department of revenue publications relating to the state
earned income tax credit.
c. Information prepared by tax preparers who provide
volunteer or free federal or state income tax preparation
services to low-income and other eligible persons and who are
located in close geographic proximity to the person.
3. In January of each year, the department or a
representative of the department shall mail to each household
described in subsection 1 information about the federal and
state earned income tax credit that provides the household with
-240-referrals to the resources described in subsection 2.
4. The mailings required by the department under this
section do not have to be made as a separate mailing but may
be included in existing mailings being made to the appropriate
households.
Sec. 343. Section 217.40, Code 2023, is amended to read as
follows:
217.40 Training for guardians and conservators.
The department of human services, or a person designated
by the director, shall establish training programs designed
to assist all duly appointed guardians and conservators in
understanding their fiduciary duties and liabilities, the
special needs of the ward, and how to best serve the ward and
the ward’s interests.
Sec. 344. Section 217.41, Code 2023, is amended to read as
follows:
217.41 Refugee services foundation.
1. The department of human services shall cause a refugee
services foundation to be created for the sole purpose of
engaging in refugee resettlement activities to promote the
welfare and self-sufficiency of refugees who live in Iowa and
who are not citizens of the United States. The foundation may
establish an endowment fund to assist in the financing of its
activities. The foundation shall be incorporated under chapter
504.
2. The foundation shall be created in a manner so that
donations and bequests to the foundation qualify as tax
deductible under federal and state income tax laws. The
foundation is not a state agency and shall not exercise
sovereign power of the state. The state is not liable for any
debts of the foundation.
3. The refugee services foundation shall have a board
of directors of five members. One member shall be appointed
by the governor and four members shall be appointed by the
director of human services. Members of the board shall serve
-241-three-year terms beginning on July 1, and ending on June 30. A
vacancy on the board shall be filled in the same manner as the
original appointment for the remainder of the term. Not more
than two members appointed by the director of human services
shall be of the same gender or of the same political party.
4. The refugee services foundation may accept and
administer trusts deemed by the board to be beneficial.
Notwithstanding section 633.63, the foundation may act as
trustee of such a trust.
Sec. 345. Section 217.41B, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services shall discontinue the
Medicaid family planning network waiver effective July 1, 2017,
and shall instead establish a state family planning services
program. The state program shall replicate the eligibility
requirements and other provisions included in the Medicaid
family planning network waiver as approved by the centers for
Medicare and Medicaid services of the United States department
of health and human services in effect on June 30, 2017.
Sec. 346. Section 217.41B, subsection 3, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The department of human services shall adopt rules
pursuant to chapter 17A to require that as a condition of
eligibility as a provider under the family planning services
program, each distinct location of a nonprofit health care
delivery system shall enroll in the program as a separate
provider, be assigned a distinct provider identification
number, and complete an attestation that abortions are not
performed at the distinct location.
Sec. 347. Section 217.41C, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of human services shall create the more
options for maternal support program, a statewide program to
promote healthy pregnancies and childbirth through nonprofit
organizations that provide pregnancy support services.
-242- Sec. 348. Section 217.41C, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of human services shall issue a request for
proposals to select a program administrator for the program.
A program administrator shall meet all of the following
requirements:
Sec. 349. Section 217.41C, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. The department of human services shall publish the
program administrator and subcontractor criteria on the
department’s internet site.
6. The department of human services shall adopt rules
pursuant to chapter 17A to administer the program, and shall
provide technical assistance to the program administrator,
monitor the program administrator for adherence to state and
federal requirements, and collect and maintain program data.
Sec. 350. Section 217.41C, subsection 7, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Beginning October 1, 2023, and on or before October
1 annually thereafter, the department of human services
shall submit to the general assembly the following program
information relative to the prior fiscal year:
Sec. 351. Section 217.42, Code 2023, is amended to read as
follows:
217.42 Service areas — County offices.
1. The organizational structure to deliver the department’s
field services shall be based upon service areas designated by
the department. The service areas shall serve as a basis for
providing field services to persons residing in the counties
comprising the service area.
2. 1. The department shall maintain an office in each
county. Based on the annual appropriations for field
operations, the department shall strive to maintain a full-time
presence in each county. If it is not possible to maintain a
full-time presence in each county, the department shall provide
-243-staff based on its caseweight system to assure the provision of
services. The department shall consult with the county boards
of supervisors of those counties regarding staffing prior to
any modification of office hours.
3. 2. A county or group of counties may voluntarily enter
into a chapter 28E agreement with the department to provide
funding or staff persons to deliver field services in county
offices. The agreement shall cover the full fiscal year but
may be revised by mutual consent.
Sec. 352. Section 217.43, Code 2023, is amended to read as
follows:
217.43 Service area County advisory boards — location of
county offices.
1. a. The department shall establish a service area one
or more advisory board in each service area boards. Each of
the county boards of supervisors of the counties comprising
the service area shall appoint two service area advisory board
members. All of the following requirements apply to the
appointments made by a county board of supervisors:
(1) The membership shall be appointed in accordance with
section 69.16, relating to political affiliation, and section
69.16A, relating to gender balance.
(2) Not more than one of the members shall be a member of
the board of supervisors.
(3) Appointments shall be made on the basis of interest in
maintaining and improving service delivery.
b. Appointments shall be made a part of the regular
proceedings of the board of supervisors and shall be filed with
the county auditor and the service area manager department. A
vacancy on the board shall be filled in the same manner as the
original appointment.
c. The boards of supervisors shall develop and agree to
other organizational provisions involving the advisory board,
including reporting requirements.
2. The purpose of the advisory boards is to improve
-244-communication and coordination between the department and the
counties and to advise the department regarding maintenance and
improvement of service delivery in the counties and communities
comprising the service areas.
3. The department shall determine the community in which
each county office will be located. The county board of
supervisors shall determine the location of the office space
for the county office. The county board of supervisors shall
make reasonable efforts to collocate the office with other
state and local government or private entity offices in order
to maintain the offices in a cost-effective location that is
convenient to the public.
Sec. 353. Section 217.44, Code 2023, is amended to read as
follows:
217.44 Service areas Department offices — employee and
volunteer record checks.
1. The record check evaluation system of the department
shall conduct criminal and child and dependent adult abuse
record checks of persons who are potential employees,
employees, potential volunteers, and volunteers in service area
department offices in a position having direct contact with the
department’s clients. The record checks shall be performed in
this state and the department record check evaluation system
may conduct these checks in other states. If the department
record check evaluation system determines that a person has
been convicted of a crime or has a record of founded child or
dependent adult abuse, the department record check evaluation
system shall perform an evaluation to determine whether the
crime or founded abuse warrants prohibition of the person’s
employment or participation as a volunteer. The record checks
and evaluation shall be performed in accordance with procedures
adopted for this purpose by the department.
2. In an evaluation, the department record check evaluation
system shall consider the nature and seriousness of the crime
or founded child or dependent adult abuse in relation to the
-245-position sought or held, the time elapsed since the commission
of the crime or founded abuse, the circumstances under which
the crime or founded abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit
the crime or founded abuse again, and the number of crimes or
founded abuses committed by the person involved.
3. The department record check evaluation system may permit
a person who is evaluated to be employed or to participate as a
volunteer if the person complies with the department’s record
check evaluation system’s conditions relating to employment or
participation as a volunteer which may include completion of
additional training.
4. If the department record check evaluation system
determines that the person has committed a crime or has a
record of founded child or dependent adult abuse which warrants
prohibition of employment or participation as a volunteer, the
person shall not be employed by or participate as a volunteer
in a department service area office in a position having direct
contact with the department’s clients.
Sec. 354. Section 217.45, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A background investigation may be conducted by the
department of human services on all of the following
individuals:
Sec. 355. Section 218.1, Code 2023, is amended to read as
follows:
218.1 Institutions controlled.
The director of human services shall have the general and
full authority given under statute to control, manage, direct,
and operate the following institutions under the director’s
jurisdiction, and may at the director’s discretion assign
the powers and authorities given the director by statute to
any one of the deputy directors, division administrators, or
officers or employees of the divisions of the department of
human services a superintendent:
-246- 1. Glenwood state resource center.
2. Woodward state resource center.
3. Mental health institute, Cherokee, Iowa.
4. Mental health institute, Independence, Iowa.
5. State training school.
6. Iowa juvenile home.
7. 6. Other facilities not attached to the campus of the
main institution as program developments require.
Sec. 356. Section 218.2, Code 2023, is amended to read as
follows:
218.2 Powers of governor — report of abuses.
1. Nothing contained in section 218.1 shall limit the
general supervisory or examining powers vested in the governor
by the laws or Constitution of the State of Iowa, or legally
vested by the governor in any committee appointed by the
governor.
2. The administrator superintendent to whom primary
responsibility for a particular institution has been assigned
shall make reports to the director of human services as are
requested by the director and the director shall report, in
writing, to the governor any abuses found to exist in any of
the institutions.
Sec. 357. Section 218.3, Code 2023, is amended to read as
follows:
218.3 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Administrator” means the person to whom the director
of human services has assigned power and authority over an
institution in accordance with section 218.1. “Council” means
the council on health and human services.
2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
services.
-247- 2. 4. “Institution” means an institution listed in section
218.1.
5. “Resident” means a person committed or admitted to an
institution and is synonymous with patient, as appropriate to
the institution.
6. “Superintendent” means the person to whom primary
responsibility for a particular institution has been assigned.
Sec. 358. Section 218.4, Code 2023, is amended to read as
follows:
218.4 Recommendation for rules.
1. The administrators of particular institutions department
shall recommend to the council on human services for adoption
such rules not inconsistent with law as they may deem necessary
for the discharge of their duties, the management of each
of such the institutions, and the admission, of residents
thereto and the treatment, care, custody, education and
discharge of residents. It is made the duty of the particular
administrators department to establish rules by which danger
to life and property from fire will be minimized. In the
discharge of their duties and in the enforcement of their
rules, they The department may require any of their appointees
to perform duties in addition to those required by statute.
2. Rules adopted by the council pursuant to chapter 17A
shall be uniform and shall apply to all institutions under the
particular administrator and to all other institutions under
the administrator’s department’s jurisdiction. The primary
rules for use in institutions where persons with mental illness
are served shall, unless otherwise indicated, uniformly apply
to county or private hospitals in which persons with mental
illness are served, but the rules shall not interfere with
proper medical treatment administered to patients such persons
by competent physicians. Annually, signed copies of the rules
shall be sent to the superintendent of each institution or
hospital under the control or supervision of a particular
administrator. Copies shall also be sent to the clerk of each
-248-district court, the chairperson of the board of supervisors
of each county and, as appropriate, to the officer in charge
of institutions or hospitals caring for persons with mental
illness in each county who shall be responsible for seeing
that the rules are posted in each institution or hospital in a
prominent place. The rules shall be kept current to meet the
public need and shall be revised and published annually.
3. The state fire marshal shall cause to be made an annual
inspection of all the institutions listed in section 218.1 and
shall make provide a written report thereof of each inspection
to the particular administrator of the state department of
human services in control of such institution.
Sec. 359. Section 218.5, Code 2023, is amended to read as
follows:
218.5 Fire protection contracts.
The administrators shall have power to department may
enter into contracts with the governing body of any city or
other municipal corporation for the protection from fire of
any property under the administrators’ department’s primary
control, located in any municipal corporation or in territory
contiguous to the municipal corporation, upon terms as may be
agreed upon.
Sec. 360. Section 218.6, Code 2023, is amended to read as
follows:
218.6 Transfer of appropriations made to institutions.
1. Notwithstanding section 8.39, subsection 1, without the
prior written consent and approval of the governor and the
director of the department of management, the director of human
services may transfer funds between the appropriations made for
the institutions, listed as follows:
a. The state resource centers.
b. The state mental health institutes.
c. The state training school.
d. The civil commitment unit for sexual offenders.
2. The department shall report any transfer made pursuant
-249-to subsection 1 during a fiscal quarter to the legislative
services agency within thirty days of the beginning of the
subsequent fiscal quarter.
Sec. 361. Section 218.9, Code 2023, is amended to read as
follows:
218.9 Appointment of superintendents.
1. The administrator in charge of an institution, subject to
the approval of the director of human services, shall appoint
the superintendent of the institution. The tenure of office of
a superintendent shall be at the pleasure of the administrator
director. The administrator director may transfer a
superintendent or warden from one institution to another.
2. The superintendent or warden shall have immediate
custody and control, subject to the orders and policies of the
administrator in charge of the institution director, of all
property used in connection with the institution except as
provided in this chapter.
Sec. 362. Section 218.10, Code 2023, is amended to read as
follows:
218.10 Subordinate officers and employees.
The administrator in charge of a particular institution,
with the consent and approval of the director of human
services, shall determine the number of subordinate officers
and employees for the institution. Subject to this chapter,
the officers and employees shall be appointed and discharged
by the superintendent or business manager the superintendent’s
designee pursuant to chapter 8A, subchapter IV. The
superintendent shall keep, in the record of each subordinate
officer and employee, the date of employment, the compensation,
and the date of each discharge, and the reasons for discharge.
Sec. 363. Section 218.12, Code 2023, is amended to read as
follows:
218.12 Bonds.
The administrator in charge of any particular institution
shall require each Each officer and any employee of such
-250-administrator and of every an institution under the
administrator’s control who may be charged with the custody
or control of any money or property belonging to the state to
give shall provide an official bond, properly conditioned,
and signed by sufficient sureties in a sum to be fixed by
the administrator director, which bond shall be approved by
the administrator director, and filed in the office of the
secretary of state.
Sec. 364. Section 218.13, Code 2023, is amended to read as
follows:
218.13 Record checks.
1. For the purposes of this section, unless the context
otherwise requires:
a. “Department” means the department of human services.
b. “Institution” means an institution controlled by the
department as described in section 218.1.
c. “Resident” means a person committed or admitted to an
institution.
2. 1. If a person is being considered for employment
involving direct responsibility for a resident or with access
to a resident when the resident is alone, or if a person
will reside in a facility utilized by an institution, and
if the person has been convicted of a crime or has a record
of founded child or dependent adult abuse, the record check
evaluation system of the department shall perform an evaluation
to determine whether the crime or founded abuse warrants
prohibition of employment or residence in the facility. The
department record check evaluation system shall conduct
criminal and child and dependent adult abuse record checks of
the person in this state and may conduct these checks in other
states. The investigation and evaluation shall be performed
in accordance with procedures adopted for this purpose by the
department.
3. 2. If the department record check evaluation system
determines that a person, who is employed by an institution
-251-or resides in a facility utilized by an institution, has
been convicted of a crime or has a record of founded child
or dependent adult abuse, the department record check
evaluation system shall perform an evaluation to determine
whether prohibition of the person’s employment or residence is
warranted. The evaluation shall be performed in accordance
with procedures adopted for this purpose by the department.
4. 3. In an evaluation, the department record check
evaluation system shall consider the nature and seriousness of
the crime or founded child or dependent adult abuse in relation
to the position sought or held, the time elapsed since the
commission of the crime or founded abuse, the circumstances
under which the crime or founded abuse was committed, the
degree of rehabilitation, the likelihood that the person will
commit the crime or founded abuse again, and the number of
crimes or founded abuses committed by the person involved.
The department record check evaluation system may permit
a person who is evaluated to be employed or reside or to
continue employment or residence if the person complies with
the department’s record check evaluation system’s conditions
relating to employment or residence which may include
completion of additional training.
5. 4. If the department record check evaluation system
determines that the person has committed a crime or has a
record of founded child or dependent adult abuse which warrants
prohibition of employment or residence, the person shall not
be employed by an institution or reside in a facility utilized
by an institution.
Sec. 365. Section 218.14, Code 2023, is amended to read as
follows:
218.14 Dwelling of superintendent or other employee.
1. The administrator having control over an institution
may, with consent of the director of human services, may
furnish the superintendent of the institution, in addition
to salary, with a dwelling or with appropriate quarters in
-252-lieu of the dwelling, or the administrator may compensate the
superintendent of the institution in lieu of furnishing a
dwelling or quarters. If the superintendent of the institution
is furnished with a dwelling or quarters, either of which is
owned by the state, the superintendent may also be furnished
with water, heat, and electricity.
2. The administrator having control over an institution
director may furnish assistant superintendents or other
employees, or both, with a dwelling or with appropriate
quarters, owned by the state. The assistant superintendent or
employee, who is so furnished, shall pay rent for the dwelling
or quarters in an amount to be determined by the superintendent
of the institution director, which shall be the fair market
rental value of the dwelling or quarters. If an assistant
superintendent or employee is furnished with a dwelling or
quarters, either of which is owned by the state, the assistant
superintendent or employee may also be furnished with water,
heat, and electricity. However, the furnishing of these
utilities shall be considered in determining the fair market
rental value of the dwelling or quarters.
Sec. 366. Section 218.15, Code 2023, is amended to read as
follows:
218.15 Salaries — how paid.
The salaries and wages shall be included in the semimonthly
payrolls and paid in the same manner as other expenses of the
several institutions.
Sec. 367. Section 218.17, Code 2023, is amended to read as
follows:
218.17 Authorized leave.
Vacations and sick leave with pay as authorized in section
70A.1 shall only be taken at such times as the superintendent
or the business manager superintendent’s designee in charge
of an officer or employee, as the case may be, may direct,
and only after written authorization by the superintendent or
business manager the superintendent’s designee, and for the
-253-number of days specified in the authorization. A copy of the
authorization shall be attached to the institution’s copy of
the payroll of the institution, for audit purposes, for the
period during which the vacation was taken, and the semimonthly
payroll shall show the number of days the person was absent
under the authorization.
Sec. 368. Section 218.21, Code 2023, is amended to read as
follows:
218.21 Record of residents.
The administrator of the department of human services in
control of a state institution director shall, as to every
person committed to any of the institutions, keep the following
record:
1. Name.
2. Residence.
3. Sex.
4. Age.
5. Nativity.
6. Occupation.
7. Civil condition.
8. Date of entrance or commitment.
9. Date of discharge.
10. Whether a discharge was final.
11. Condition of the person when discharged.
12. The name of the institutions from which and to which
such person has been transferred.
13. If dead deceased, the date and cause of the person’s
death.
Sec. 369. Section 218.22, Code 2023, is amended to read as
follows:
218.22 Record privileged.
Except with the consent of the administrator in charge of an
institution director, or on an order of a court of record, the
record provided in section 218.21 shall be accessible only to
the administrator of the division of the department of human
-254-services in control of such institution, the director of the
department of human services and to assistants and proper
clerks authorized by such administrator or the administrator’s
the director. The administrator of the division of such
institution is authorized to director may permit the division
of library services of the department of education and the
historical division of the department of cultural affairs to
copy or reproduce by any photographic, photostatic, microfilm,
microcard or other process which accurately reproduces a
durable medium for reproducing the original and to destroy
in the manner described by law such records of residents
designated in section 218.21.
Sec. 370. Section 218.23, Code 2023, is amended to read as
follows:
218.23 Reports to administrator director.
The superintendent of an institution shall, within ten
days after the commitment or entrance of a person to the
institution, cause a true copy of the person’s entrance record
to be made and forwarded to the administrator in control of
the institution director or the director’s designee. When a
patient or resident leaves, or is discharged, or transferred
from, or dies in an institution, the superintendent or person
in charge shall within ten days after that date send the
information to the office of the institution’s administrator
director or the director’s designee on forms which the
administrator director prescribes.
Sec. 371. Section 218.24, Code 2023, is amended to read as
follows:
218.24 Questionable commitment.
The superintendent is required to shall immediately
notify the administrator in control of the superintendent’s
particular institution director if there is any question as
to the propriety of the commitment or detention of any person
received at such an institution, and said administrator the
director, upon such notification, shall inquire into the matter
-255-presented, and take such proper action as may be deemed proper
in the premises.
Sec. 372. Section 218.26, Code 2023, is amended to read as
follows:
218.26 Religious worship.
Any such resident, during the time of the resident’s
detention, shall be allowed, for at least one hour on each
Sunday weekly and in times of extreme sickness, and at such
other suitable and reasonable times as is consistent with the
resident’s religious belief and proper discipline in said
the institution, to receive spiritual advice, instruction,
and ministration from any recognized member of the clergy of
the church or denomination which represents the resident’s
religious belief.
Sec. 373. Section 218.27, Code 2023, is amended to read as
follows:
218.27 Religious belief of minors.
In case such If a resident is a minor and has formed no
choice, the minor’s preference may, at any time, be expressed
by the minor with the approval of parents or guardian, if the
minor has any such a parent or guardian.
Sec. 374. Section 218.28, Code 2023, is amended to read as
follows:
218.28 Investigation.
The administrator of the department of human services in
control of a particular institution or the administrator’s
authorized officer or employee director or the director’s
designee shall visit, and minutely examine, at least once in
six months, and more often if necessary or required by law,
the institutions under such administrator’s control, and the
financial condition and management thereof of the institutions.
Sec. 375. Section 218.29, Code 2023, is amended to read as
follows:
218.29 Scope of investigation.
The administrator of the department of human services in
-256-control of a particular institution or the administrator’s
authorized officer or employee director or the director’s
designee shall, during such investigation and as far as
possible, see every resident of each institution, especially
those admitted since the director’s or the director’s
designee’s preceding visit, and shall give such residents as
may require it, suitable opportunity to converse with such
administrator or authorized officer or employee the director or
the director’s designee apart from the officers and attendants.
Sec. 376. Section 218.30, Code 2023, is amended to read as
follows:
218.30 Investigation of other institutions facilities.
The administrators to whom control of institutions has been
assigned, or their authorized officers or employees, director
may investigate or cause the investigation of charges of abuse,
neglect, or mismanagement on the part of an officer or employee
of a private institution facility which is subject to the
administrator’s particular director’s supervision or control.
The administrator who has been assigned to have authority over
the state mental health institutes, or the administrator’s
authorized officer or employee, director shall also investigate
or cause the investigation of charges concerning county care
facilities in which persons with mental illness are served.
Sec. 377. Section 218.31, Code 2023, is amended to read as
follows:
218.31 Witnesses.
In aid of any investigation the administrator shall have
the power to department may summon and compel the attendance
of witnesses; to examine the witnesses under oath, which the
administrator shall have power to director or the director’s
designee may administer; to have access to all books, papers,
and property material to such investigation; and to order
the production of any other books or papers material to the
investigation. Witnesses other than those in the employ of the
state shall be entitled to the same fees as in civil cases in
-257-the district court.
Sec. 378. Section 218.32, Code 2023, is amended to read as
follows:
218.32 Contempt.
Any person failing or refusing to obey the orders of the
administrator department issued under section 218.31, or to
give or produce evidence when required, shall be reported by
the administrator department to the district court in the
county where the offense occurs, and shall be dealt with by the
court as for contempt of court.
Sec. 379. Section 218.33, Code 2023, is amended to read as
follows:
218.33 Transcript of testimony.
The particular administrator involved department shall cause
the testimony taken at such investigation to be transcribed and
filed in the administrator’s office at the seat of government
with the department within ten days after the same testimony
is taken, or as soon thereafter as practicable, and when so
filed the same testimony shall be open for the inspection of
any person.
Sec. 380. Section 218.41, Code 2023, is amended to read as
follows:
218.41 Custody.
When a resident of an institution is so working outside the
institution proper, the resident shall be deemed is at all
times in the actual custody of the head superintendent of the
institution.
Sec. 381. Section 218.42, Code 2023, is amended to read as
follows:
218.42 Wages of residents.
If a resident performs services for the state at an
institution listed in section 218.1, the administrator in
control of the institution department shall pay the resident
a wage in accordance with federal wage and hour requirements.
However, the wage amount shall not exceed the amount of the
-258-prevailing wage paid in the state for a like service or its
equivalent.
Sec. 382. Section 218.43, Code 2023, is amended to read as
follows:
218.43 Deduction to pay court costs.
If wages are paid to a resident pursuant to section
218.42, the administrator in control of an institution listed
in section 218.1 department may deduct from the wages an
amount sufficient to pay all or a part of the costs taxed
to the resident by reason of the resident’s commitment to
the institution. In such case the amount so deducted shall
be forwarded to the clerk of the district court or proper
official.
Sec. 383. Section 218.44, Code 2023, is amended to read as
follows:
218.44 Wages paid to dependent — deposits.
If wages are paid to a resident pursuant to section 218.42,
the administrator in control of an institution listed in
section 218.1 department may pay all or any part of the wages
directly to any dependent of the resident. The administrator
department may also deposit the wages to the account of the
resident, or may so deposit part of the wages and allow the
resident a portion for the resident’s own personal use, or
may pay to the county of commitment all or any part of the
resident’s care, treatment, or subsistence while at said the
institution from any credit balance accruing to the account of
the resident.
Sec. 384. Section 218.45, Code 2023, is amended to read as
follows:
218.45 Conferences.
Quarterly conferences of the superintendents of the
institutions shall be held with the administrator in control
of the institutions director at Des Moines or at institutions
under the administrator’s director’s jurisdiction, for the
consideration of all matters relative to the management of
-259-the institutions. Full minutes of the conferences shall be
preserved in the records of the administrator department.
The administrator in control director may cause papers on
appropriate subjects to be prepared and read presented at the
conferences.
Sec. 385. Section 218.46, Code 2023, is amended to read as
follows:
218.46 Scientific investigation.
1. The administrator who is in charge of an institution
director shall encourage the scientific investigation, on
the part of the superintendent and medical staff of the
institution, as to the most successful methods of institutional
management and treating treatment of the persons committed to
the institution. In addition, the administrator department
shall procure and furnish to the superintendent and medical
staff information relative to such management and treatment
and, from time to time, publish bulletins and reports of
scientific and clinical work done in that type of institution.
2. The administrators of such state institutions are
authorized to department may provide services and facilities
for the scientific observation, rechecking, and treatment of
persons with mental illness within the state. Application by,
or on behalf of, any person for such services and facilities
shall be made to the administrator in charge of the particular
institution involved and shall be made director on forms
furnished by such administrator the department. The time and
place of admission of any person to outpatient or clinical
services and facilities for scientific observation, rechecking,
and treatment and the use of such services and facilities for
the benefit of persons who have already been hospitalized
for psychiatric evaluation and appropriate treatment or
involuntarily hospitalized as seriously mentally ill shall
be in accordance with rules and regulations adopted by the
administrator in control of the particular institution involved
department.
-260- Sec. 386. Section 218.47, Code 2023, is amended to read as
follows:
218.47 Monthly report.
The superintendent or business manager of each institution
or the superintendent’s designee shall, on the first day of
each month, account to the administrator in control of the
particular institution director or the director’s designee for
all state funds received during the preceding month, and, at
the same time, remit the accounting to the treasurer of state.
Sec. 387. Section 218.48, Code 2023, is amended to read as
follows:
218.48 Annual reports.
The superintendent or business manager of each institution
or the superintendent’s designee shall make an annual report
to the administrator in control of the particular institution
director and include in the report a detailed and accurate
inventory of the stock and supplies on hand, and their amount
and value, under the following headings:
1. Livestock.
2. Farm produce on hand.
3. Vehicles.
4. Agricultural implements.
5. Machinery.
6. Mechanical fixtures.
7. Real estate.
8. Furniture.
9. Bedding in residents’ department.
10. State property in superintendent’s department.
11. Clothing.
12. Dry goods.
13. Provisions and groceries.
14. Drugs and medicine.
15. Fuel.
16. Library.
17. All other state property under appropriate headings
-261-to be determined by the particular administrator involved
director.
Sec. 388. Section 218.49, Code 2023, is amended to read as
follows:
218.49 Contingent fund.
The administrator in control of an institution director
may permit the superintendent or the business manager of
each institution or the superintendent’s designee to retain
a stated amount of funds under the superintendent’s or
business manager’s superintendent’s designee’s supervision
as a contingent fund for the payment of freight, postage,
commodities purchased on authority of the particular
superintendent or business manager involved on a cash basis,
salaries, and bills granting discount for cash.
Sec. 389. Section 218.50, Code 2023, is amended to read as
follows:
218.50 Requisition for contingent fund.
If necessary, the director of the department of human
services shall make proper requisition upon the director of
the department of administrative services for a warrant on the
state treasurer to secure the said contingent fund for each
institution.
Sec. 390. Section 218.51, Code 2023, is amended to read as
follows:
218.51 Monthly reports of contingent fund.
A monthly report of the status of such the contingent fund
shall be submitted by the proper officer of said superintendent
of each institution or the superintendent’s designee to
the administrator in control of the institution involved
and such director or the director’s designee in accordance
with applicable rules as such administrator may establish
established by the director.
Sec. 391. Section 218.52, Code 2023, is amended to read as
follows:
218.52 Supplies — competition.
-262- The administrator in control of a state institution
department shall, in the purchase of supplies, afford all
reasonable opportunity for competition, and shall give
preference to local dealers and Iowa producers when such can be
done without loss to the state.
Sec. 392. Section 218.55, Code 2023, is amended to read as
follows:
218.55 Purchase from an institution.
An administrator The department may purchase supplies of
any institution under the administrator’s control, for use in
any other institution under the administrator’s control, and
reasonable payment for the supplies shall be made as in the
case of other purchases.
Sec. 393. Section 218.56, Code 2023, is amended to read as
follows:
218.56 Purchase of supplies — vendor warrants.
1. The administrators department shall, from time to time,
adopt and make of record rules and regulations governing the
purchase of all articles and supplies needed at the various
institutions under their control and the form and verification
of vouchers for such purchases.
2. The department of human services shall mail vendor
warrants for the department of corrections.
Sec. 394. Section 218.57, Code 2023, is amended to read as
follows:
218.57 Combining appropriations.
The director of the department of administrative services
may combine the balances carried in all specific appropriations
into a special account for each institution under the control
of a particular administrator, except that the support fund for
each institution shall be carried as a separate account.
Sec. 395. Section 218.58, Code 2023, is amended to read as
follows:
218.58 Construction, repair, and improvement projects —
emergencies.
-263- The department shall work with the department of
administrative services to accomplish the following
responsibilities:
1. The department shall prepare and submit to the director
of the department of management, as provided in section
8.23, a multiyear construction program including estimates of
the expenditure requirements for the construction, repair,
or improvement of buildings, grounds, or equipment at the
institutions listed in section 218.1.
2. The director department shall have plans and
specifications prepared by the department of administrative
services for authorized construction, repair, or improvement
projects costing over the competitive bid threshold in section
26.3, or as established in section 314.1B. An appropriation
for a project shall not be expended until the department of
administrative services has adopted plans and specifications
and has completed a detailed estimate of the cost of the
project, prepared under the supervision of a licensed architect
or licensed professional engineer. Plans and specifications
shall not be adopted and a project shall not proceed if the
project would require an expenditure of money in excess of the
appropriation.
3. The department of administrative services shall comply
with the competitive bid procedures in chapter 26 to let all
contracts under chapter 8A, subchapter III, for authorized
construction, repair, or improvement of departmental buildings,
grounds, or equipment.
4. If the director of the department of human services
and the director of the department of administrative services
determine that emergency repairs or improvements estimated
to cost more than the competitive bid threshold in section
26.3, or as established in section 314.1B are necessary to
assure the continued operation of a departmental institution,
the requirements of subsections 2 and 3 for preparation
of plans and specifications and competitive procurement
-264-procedures are waived. A determination of necessity for
waiver by the director of the department of human services
and the director of the department of administrative services
shall be in writing and shall be entered in the project
record for emergency repairs or improvements. Emergency
repairs or improvements shall be accomplished using plans and
specifications and competitive quotation or bid procedures, as
applicable, to the greatest extent possible, considering the
necessity for rapid completion of the project. A waiver of
the requirements of subsections 2 and 3 does not authorize an
expenditure in excess of an amount otherwise authorized for the
repair or improvement.
5. A claim for payment relating to a project shall be
itemized on a voucher form pursuant to section 8A.514,
certified by the claimant and the architect or engineer
in charge, and audited and approved by the department of
administrative services. Upon approval by the department of
administrative services, the director of the department of
administrative services shall draw a warrant to be paid by the
treasurer of state from funds appropriated for the project.
A partial payment made before completion of the project does
not constitute final acceptance of the work or a waiver of any
defect in the work.
6. Subject to the prior approval of the administrator
in control of a departmental institution director or the
director’s designee, minor projects costing five thousand
dollars or less may be authorized and completed by the
executive head superintendent of the institution through the
use of day labor. A contract is not required if a minor project
is to be completed with the use of resident labor.
Sec. 396. Section 218.64, Code 2023, is amended to read as
follows:
218.64 Investigation of death.
1. For the purposes of this section, unless the context
otherwise requires, “institution” and “resident” mean the same
-265-as defined in section 218.13.
2. Upon the death of a resident of an institution,
the county medical examiner shall conduct a preliminary
investigation of the death as provided in section 331.802. The
cost of the preliminary investigation shall be paid by the
department of human services.
Sec. 397. Section 218.65, Code 2023, is amended to read as
follows:
218.65 Property of deceased resident.
The superintendent or business manager of each institution
department shall, upon the death of any resident or patient,
immediately take possession of all property of the deceased
left at the institution, and deliver the property to the duly
appointed and qualified representative of the deceased.
Sec. 398. Section 218.66, Code 2023, is amended to read as
follows:
218.66 Property of small value.
If administration be is not granted within one year from
the date of the death of the decedent, and the value of the
estate of the decedent is so small as to make the granting
of administration inadvisable, then delivery of the money
and other property left by the decedent may be made to the
surviving spouse and heirs of the decedent.
Sec. 399. Section 218.69, Code 2023, is amended to read as
follows:
218.69 Permanent record.
A complete permanent record of the money transmitted to the
treasurer of state under section 218.68, showing by whom and
with whom it the money was left, its the amount, the date of
the death of the owner, the owner’s reputed place of residence
before the owner became a resident of the institution, the date
on which it the money was transmitted to the state treasurer,
and any other facts which may tend to identify the intestate
and explain the case, shall be kept by the superintendent
of the institution or business manager, as the case may be
-266- department, and a transcript of the record shall be sent to,
and kept by, the treasurer of state.
Sec. 400. Section 218.70, Code 2023, is amended to read as
follows:
218.70 Payment to party entitled.
Moneys transmitted to the treasurer of state under section
218.68 shall be paid, at any time within ten years from the
death of the intestate, to any person who is shown to be
entitled thereto to the moneys. Payment shall be made from the
state treasury out of the support fund of such institution in
the manner provided for the payment of other claims from that
fund.
Sec. 401. Section 218.72, Code 2023, is amended to read as
follows:
218.72 Temporary quarters in emergency.
In case the buildings at any institution under the control of
an administrator are destroyed or rendered unfit for habitation
by reason of fire, storms, or other like causes, to such an
extent that the residents cannot be housed and cared for, the
administrator director shall make temporary provision for the
housing and care of the residents at some other place in the
state. Like provision may be made in case any pestilence
breaks out among the residents. The reasonable cost of the
change, including transfer of residents, shall be paid from any
moneys in the state treasury not otherwise appropriated.
Sec. 402. Section 218.78, Code 2023, is amended to read as
follows:
218.78 Institutional receipts deposited.
1. All institutional receipts of the department of human
services, including funds received from client participation
at the state resource centers under section 222.78 and at the
state mental health institutes under section 230.20, shall be
deposited in the general fund except for reimbursements for
services provided to another institution or state agency, for
receipts deposited in the revolving farm fund under section
-267-904.706, for deposits into the medical assistance fund under
section 249A.11, and for rentals charged to employees or
others for room, apartment, or house and meals, which shall be
available to the institutions.
2. If approved by the director of human services, the
department may use appropriated funds for the granting of
educational leave.
Sec. 403. Section 218.83, Code 2023, is amended to read as
follows:
218.83 Administrative improvement.
The director of human services and the administrators
assigned to have authority over the institutions shall
cooperate with any department or agency of the state government
in any manner, including the exchange of employees, calculated
to improve administration of the affairs of the institutions.
Sec. 404. Section 218.84, Code 2023, is amended to read as
follows:
218.84 Abstracting claims and keeping accounts.
The director of the department of human services or the
director’s designee shall have sole charge of abstracting and
certifying claims for payment and the keeping of a central
system of accounts in institutions under the director’s
control.
Sec. 405. Section 218.85, Code 2023, is amended to read as
follows:
218.85 Uniform system of accounts.
The director of human services through the administrators in
control of the institutions department shall install in all the
institutions the most modern, complete, and uniform system of
accounts, records, and reports possible. The system shall be
prescribed by the director of the department of administrative
services as authorized in section 8A.502, subsection 13, and,
among other matters, shall clearly show the detailed facts
relative to the handling and uses of all purchases.
Sec. 406. Section 218.86, Code 2023, is amended to read as
-268-follows:
218.86 Abstract of claims.
Vouchers for expenditures other than salaries shall be
submitted to the director of the department of administrative
services, who shall prepare in triplicate an abstract of
claims submitted showing the name of the claimant and the
institutions and institutional fund on account of which the
payment is made. The claims and abstracts of claims shall be
returned to the director of the department of human services
where the correctness of the abstracts shall be certified by
the director. The original abstract shall be delivered to the
director of the department of administrative services, the
duplicate to be retained in the office of the director, of the
department of human services and the triplicate forwarded to
the proper institution to be retained as a record of claims
paid.
Sec. 407. Section 218.87, Code 2023, is amended to read as
follows:
218.87 Warrants issued by director of the department of
administrative services.
Upon such certificate the director of the department of
administrative services shall, if the institution named has
sufficient funds, issue the director’s warrants upon the state
treasurer, for the amounts and to the claimants indicated
thereon on the warrants. The director of the department of
administrative services shall deliver the warrants thus issued
to the director of human services department, who will cause
same the warrants to be transmitted to the payees thereof of
the warrants.
Sec. 408. Section 218.88, Code 2023, is amended to read as
follows:
218.88 Institutional payrolls.
At the close of each pay period, the superintendent or
business manager of each institution shall prepare and forward
to the director of human services or the director’s designee a
-269-semimonthly payroll which shall show the name of each officer
and employee, the semimonthly pay, time paid for, the amount of
pay, and any deductions. A substitute shall not be permitted
to receive compensation in the name of the employee for whom
the substitute is acting.
Sec. 409. Section 218.92, Code 2023, is amended to read as
follows:
218.92 Patients Residents with dangerous mental disturbances.
When a patient in a state resource center for persons with
an intellectual disability, a state mental health institute,
or another resident of an institution under the administration
of the department of human services has become so mentally
disturbed as to constitute a danger to self, to other patients
residents or staff of the institution, or to the public,
and the institution cannot provide adequate security, the
administrator in charge of the institution director or the
director’s designee, with the consent of the director of the
Iowa department of corrections, may order the patient resident
to be transferred to the Iowa medical and classification
center, if the superintendent of the institution from which
the patient resident is to be transferred, with the support
of a majority of the medical staff, recommends the transfer
in the interest of the patient resident, other patients
residents, or the public. If the patient resident transferred
was hospitalized pursuant to sections 229.6 through 229.15,
the transfer shall be promptly reported to the court that
ordered the hospitalization of the patient resident, as
required by section 229.15, subsection 5. The Iowa medical
and classification center has the same rights, duties, and
responsibilities with respect to the patient resident as the
institution from which the patient resident was transferred
had while the patient was hospitalized in the institution.
The cost of the transfer shall be paid from the funds of the
institution from which the transfer is made.
Sec. 410. Section 218.93, Code 2023, is amended to read as
-270-follows:
218.93 Consultants for director or administrators department.
The director of human services or the administrators in
control of the institutions are authorized to department
may secure the services of consultants to furnish advice on
administrative, professional, or technical problems to the
director or the administrators, their department employees,
or employees of institutions under their jurisdiction or to
provide in-service training and instruction for the employees.
The director and administrators are authorized to department
may pay the consultants at a rate to be determined by them the
department from funds under their the department’s control
or from any institutional funding under their the director’s
jurisdiction as the director or administrator may determine.
Sec. 411. Section 218.94, Code 2023, is amended to read as
follows:
218.94 Director may buy and sell real estate — options.
1. The director of the department of human services
shall have full power to may secure options to purchase real
estate, to acquire and sell real estate, and to grant utility
easements, for the proper uses of said the institutions.
Real estate shall be acquired and sold and utility easements
granted, upon such terms and conditions as the director may
determine. Upon sale of the real estate, the proceeds shall
be deposited with the treasurer of state and credited to the
general fund of the state. There is hereby appropriated from
the general fund of the state a sum equal to the proceeds so
deposited and credited to the general fund of the state to the
department of human services, which may be used to purchase
other real estate or for capital improvements upon property
under the director’s control.
2. The costs incident to securing of options, acquisition
and sale of real estate and granting of utility easements,
including but not limited to appraisals, invitations for
offers, abstracts, and other necessary costs, may be paid
-271-from moneys appropriated for support and maintenance to the
institution at which such the real estate is located. Such
fund costs shall be reimbursed from the proceeds of the sale.
Sec. 412. Section 218.95, Code 2023, is amended to read as
follows:
218.95 Synonymous terms.
1. For purposes of construing the provisions of this and
the following subtitles of this title and chapters 904, 913,
and 914 relating to persons with mental illness and reconciling
these provisions with other former and present provisions of
statute, the following terms shall be considered synonymous:
a. “Mentally ill” and “insane”, except that the
hospitalization or detention of any person for treatment
of mental illness shall not constitute a finding or create
a presumption that the individual is legally insane in the
absence of a finding of incompetence made pursuant to section
229.27.
b. “Parole” and “convalescent leave”.
c. “Resident” and “patient”.
d. “Escape” and “depart without proper authorization”.
e. “Warrant” and “order of admission”.
f. “Escapee” and “patient”.
g. “Sane” and “in good mental health”.
h. “Commitment” and “admission”.
2. It is hereby declared to be the policy of the general
assembly that words which have come to have a degrading meaning
shall not be employed in institutional records having reference
to persons with various mental conditions and that in all
records pertaining to persons with various mental conditions
the less discriminatory of the foregoing synonyms shall be
employed.
Sec. 413. Section 218.96, Code 2023, is amended to read as
follows:
218.96 Gifts, grants, and devises, and bequests.
The director of the department of human services is
-272-authorized to may accept gifts, grants, devises, or bequests of
real or personal property from the federal government or any
source. The director may exercise such powers with reference
to the property so accepted as may be deemed essential to its
the property’s preservation and the purposes for which given,
granted, devised, or bequeathed.
Sec. 414. Section 218.98, Code 2023, is amended to read as
follows:
218.98 Canteen maintained.
The administrators in control of the institutions may
maintain a A canteen may be maintained at any institution
under their jurisdiction and control for the sale to persons
residing in the institution of items including but not limited
to toilet articles, candy, tobacco products, notions, and other
sundries, and may provide the necessary facilities, equipment,
personnel, and merchandise for such sale may be provided. The
administrators department shall specify what commodities will
be sold in the canteen. The department may establish and
maintain a permanent operating fund for each canteen. The fund
shall consist of the receipts from the sale of commodities at
the canteen.
Sec. 415. Section 218.99, Code 2023, is amended to read as
follows:
218.99 Counties to be notified of patients’ personal
accounts.
The administrator in control of a state institution shall
direct the business manager superintendent of each institution
under the administrator’s jurisdiction which is mentioned
facility specified in section 331.424, subsection 1, paragraph
“a”, subparagraphs (1) and (2), and for which services are paid
by the county of residence or a mental health and disability
services region, to shall quarterly inform the county of
residence of any patient or resident person committed or
admitted to the facility who has an amount in excess of two
hundred dollars on account in the patients’ person’s personal
-273-deposit fund and the amount on deposit. The administrators
shall direct the business manager to superintendent shall
further notify the county of residence at least fifteen days
before the release of funds in excess of two hundred dollars
or upon the death of the patient or resident person. If the
patient or resident person has no residency in this state or
the person’s residency is unknown, notice shall be made to the
director of human services and the administrator in control of
the institution involved department.
Sec. 416. Section 218.100, Code 2023, is amended to read as
follows:
218.100 Central warehouse and supply depot.
The department of human services shall establish a fund for
maintaining and operating a central warehouse as a supply depot
and distribution facility for surplus government products,
carload canned goods, paper products, other staples, and such
other items as determined by the department. The fund shall be
permanent and shall be composed of the receipts from the sales
of merchandise, recovery of handling, operating and delivery
charges of such merchandise, and from the funds contributed by
the institutions now in a contingent fund being used for this
purpose. All claims for purchases of merchandise, operating,
and salary expenses shall be subject to the provisions of
sections 218.86, 218.87, and 218.88.
Sec. 417. Section 221.2, Code 2023, is amended to read as
follows:
221.2 Administrator Compact administrator.
Pursuant to the compact, the administrator of the division
of mental health and disability services The director of
the department of health and human services shall be the
designate a compact administrator. The compact administrator
may cooperate with all departments, agencies, and officers of
this state and its subdivisions in facilitating the proper
administration of the compact and of any supplementary
agreement entered into by this state under the compact.
-274- Sec. 418. Section 221.4, Code 2023, is amended to read as
follows:
221.4 Payments.
The compact administrator, subject to the approval of the
director of the department of human services, may make or
arrange for any payments necessary to discharge any financial
obligations imposed upon this state by the compact or by any
supplementary agreement entered into thereunder under the
compact.
Sec. 419. Section 222.1, subsection 2, Code 2023, is amended
to read as follows:
2. The Glenwood state resource center and the Woodward
state resource center are established and shall be maintained
as the state’s regional resource centers for the purpose of
providing treatment, training, instruction, care, habilitation,
and support of persons with an intellectual disability or other
disabilities in this state, and providing facilities, services,
and other support to the communities located in the region
being served by a state resource center. In addition, the
state resource centers are encouraged to serve as a training
resource for community-based program staff, medical students,
and other participants in professional education programs. A
resource center may request the approval of the council on
human services to change the name of the resource center for
use in communication with the public, in signage, and in other
forms of communication.
Sec. 420. Section 222.2, Code 2023, is amended to read as
follows:
222.2 Definitions.
When used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the person assigned by the director
of human services, in accordance with section 218.1, to control
the state resource centers.
2. 1. “Auditor” means the county auditor or the auditor’s
-275-designee.
2. “Council” means the council on health and human services.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
4. 5. “Intellectual disability” means the same as defined
in section 4.1.
5. 6. “Mental health and disability services region” means
a mental health and disability services region formed in
accordance with section 331.389.
6. 7. “Regional administrator” means the regional
administrator of a mental health and disability services
region, as defined in section 331.388.
7. 8. “Special unit” means a special intellectual
disability unit established at a state mental health institute
pursuant to sections 222.88 through 222.91.
8. 9. “State resource centers” or “resource centers” means
the Glenwood state resource center and the Woodward state
resource center.
9. 10. “Superintendents” means the superintendents of the
state resource centers.
Sec. 421. Section 222.3, Code 2023, is amended to read as
follows:
222.3 Superintendents.
The administrator director shall appoint a qualified
superintendent for each of the resource centers who shall
receive such salary as the administrator director shall
determine.
Sec. 422. Section 222.4, Code 2023, is amended to read as
follows:
222.4 Duties of superintendents.
The superintendents shall:
1. Perform all duties required by law and by the
administrator director not inconsistent with law.
-276- 2. Oversee and insure individual treatment and professional
care of each patient in the resource centers.
3. Maintain a full and complete record of the condition of
each patient in the resource centers.
4. Have custody, control, and management of all patients in
such manner as deemed best subject to the regulations of the
administrator department.
Sec. 423. Section 222.5, Code 2023, is amended to read as
follows:
222.5 Preadmission diagnostic evaluation.
No A person shall not be eligible for admission to a resource
center or a special unit until a preadmission diagnostic
evaluation has been made by a resource center or a special unit
which confirms or establishes the need for admission.
Sec. 424. Section 222.7, Code 2023, is amended to read as
follows:
222.7 Transfers.
The administrator department may transfer patients from one
state resource center to the other and may at any time transfer
patients from the resource centers to the hospitals for persons
with mental illness, or transfer patients in the resource
centers to a special unit or vice versa. The administrator
department may also transfer patients from a hospital for
persons with mental illness to a resource center if consent is
given or obtained as follows:
1. In the case of a patient who entered the hospital for
persons with mental illness voluntarily, consent is given in
advance by the patient or, if the patient is a minor or is
incompetent, the person responsible for the patient.
2. In the case of a patient hospitalized pursuant to
sections 229.6 through 229.15, the consent of the court which
hospitalized the patient is obtained in advance, rather than
afterward as otherwise permitted by section 229.15, subsection
4.
Sec. 425. Section 222.8, Code 2023, is amended to read as
-277-follows:
222.8 Communications by patients.
Persons admitted to the resource centers or a special
unit shall have all reasonable opportunity and facility for
communication with their friends. Such persons shall be
permitted to write and send letters, provided the letters
contain nothing of an offensive character. Letters written by
any patient to the administrator director or to any state or
county official shall be forwarded unopened.
Sec. 426. Section 222.10, Code 2023, is amended to read as
follows:
222.10 Duty of peace officer.
When any person with an intellectual disability departs
without proper authority from an institution a facility in
another state and is found in this state, any peace officer in
any county in which such patient is found may take and detain
the patient without warrant or order and shall report such
detention to the administrator department. The administrator
department shall provide for the return of the patient to the
authorities in the state from which the unauthorized departure
was made. Pending return, such patient may be detained
temporarily at one of the institutions of this state governed
by the administrator or by the administrator of the division of
child and family services of the department of human services
department. The provisions of this section relating to the
administrator department shall also apply to the return of
other nonresident persons with an intellectual disability
having legal residency outside the state of Iowa.
Sec. 427. Section 222.11, Code 2023, is amended to read as
follows:
222.11 Expense.
All actual and necessary expenses incurred in the taking
into protective custody, restraint, and transportation of such
patients to the resource centers shall be paid on itemized
vouchers, sworn to by the claimants, and approved by the
-278-superintendent and the administrator director from any moneys
in the state treasury not otherwise appropriated.
Sec. 428. Section 222.13, subsection 2, Code 2023, is
amended to read as follows:
2. If the resource center does not have an appropriate
program for the treatment of an adult or minor person with an
intellectual disability applying under this section or section
222.13A, the regional administrator for the person’s county of
residence or the department, as applicable, shall arrange for
the placement of the person in any public or private facility
within or without the state, approved by the director of human
services, which offers appropriate services for the person.
If the expenses of the placement are payable in whole or in
part by a county, the placement shall be made by the regional
administrator for the county.
Sec. 429. Section 222.13A, subsection 1, Code 2023, is
amended to read as follows:
1. If a minor is believed to be a person with an
intellectual disability, the minor’s parent, guardian, or
custodian may apply to the department for admission of the
minor as a voluntary patient in a state resource center. If
the resource center does not have appropriate services for the
minor’s treatment, the department may arrange for the admission
of the minor in a public or private facility within or without
the state, approved by the director of human services, which
offers appropriate services for the minor’s treatment.
Sec. 430. Section 222.60, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
All necessary and legal expenses for the cost of admission or
for the treatment, training, instruction, care, habilitation,
support, and transportation of persons with an intellectual
disability, as provided for in the applicable regional service
system management plan implemented pursuant to section 331.393
in a state resource center, or in a special unit, or any public
or private facility within or without the state, approved by
-279-the director of human services, shall be paid by either:
Sec. 431. Section 222.64, Code 2023, is amended to read as
follows:
222.64 Foreign state or country or unknown residency.
If the residency of the person is determined by a regional
administrator on behalf of a county or by the state to be in
a foreign state or country or is determined to be unknown,
the regional administrator or the state shall certify the
determination. The certification shall be accompanied by a
copy of the evidence supporting the determination. The care of
the person shall be as arranged by the regional administrator
or the state. Application for admission may be made pending
investigation by the administrator department.
Sec. 432. Section 222.65, Code 2023, is amended to read as
follows:
222.65 Investigation.
If an application is made for placement of a person in
a state resource center or special unit, the department’s
administrator department shall immediately investigate the
residency of the person and proceed as follows:
1. If the administrator department concurs with a certified
determination as to residency of the person in another state
or in a foreign country, or the person’s residence is unknown
under section 222.60, the administrator department shall cause
the person either to be transferred to a resource center or
a special unit or to be transferred to the place of foreign
residency.
2. If the administrator department disputes a certified
determination of residency, the administrator department shall
order the person transferred to a state resource center or a
special unit until the dispute is resolved.
3. If the administrator department disputes a certified
determination of residency, the administrator department shall
utilize the procedure provided in section 331.394 to resolve
the dispute. A determination of the person’s residency status
-280-made pursuant to section 331.394 is conclusive.
Sec. 433. Section 222.66, Code 2023, is amended to read as
follows:
222.66 Transfers — no residency in state or residency
unknown — expenses.
The transfer to a resource center or a special unit or to the
place of residency of a person with an intellectual disability
who has no residence in this state or whose residency is
unknown, shall be made in accordance with such directions as
shall be prescribed by the administrator director and when
practicable by employees of the state resource center or the
special unit. The actual and necessary expenses of such
transfers shall be paid by the department on itemized vouchers
sworn to by the claimants and approved by the administrator
director and the approved amount is appropriated to the
department from any funds in the state treasury not otherwise
appropriated.
Sec. 434. Section 222.67, Code 2023, is amended to read as
follows:
222.67 Charge on finding of residency.
If a person has been received into a resource center or a
special unit as a patient whose residency is unknown and the
administrator director determines that the residency of the
patient was at the time of admission in a county of this state,
the administrator director shall certify the determination and
charge all legal costs and expenses pertaining to the admission
and support of the patient to the county of residence. The
certification shall be sent to the county of residence. The
certification shall be accompanied by a copy of the evidence
supporting the determination. If the person’s residency status
has been determined in accordance with section 331.394, the
legal costs and expenses shall be charged to the county in
accordance with that determination. The costs and expenses
shall be collected as provided by law in other cases.
Sec. 435. Section 222.69, Code 2023, is amended to read as
-281-follows:
222.69 Payment by state.
The amount necessary to pay the necessary and legal expenses
of admission of a person to a resource center or a special unit
when the person’s residence is outside this state or is unknown
is appropriated to the department from any moneys in the state
treasury not otherwise appropriated. Such payments shall be
made by the department on itemized vouchers executed by the
auditor of the county from which the expenses have been paid
and approved by the administrator director or the director’s
designee.
Sec. 436. Section 222.73, subsection 5, Code 2023, is
amended to read as follows:
5. A superintendent of a resource center or special unit
may request that the director of human services enter into a
contract with a person for the resource center or special unit
to provide consultation or treatment services or for fulfilling
other purposes which are consistent with the purposes stated in
section 222.1. The contract provisions shall include charges
which reflect the actual cost of providing the services. Any
income from a contract authorized under this subsection may
be retained by the resource center or special unit to defray
the costs of providing the services or fulfilling the other
purposes. Except for a contract voluntarily entered into by a
county under this subsection, the costs or income associated
with a contract authorized under this subsection shall not
be considered in computing charges and per diem costs in
accordance with the provisions of subsections 1 through 4.
Sec. 437. Section 222.78, Code 2023, is amended to read as
follows:
222.78 Parents and others liable for support.
1. The father and mother of any patient admitted to a
resource center or to a special unit, as either an inpatient
or an outpatient, and any person, firm, or corporation bound
by contract made for support of the patient are liable for the
-282-support of the patient. The patient and those legally bound
for the support of the patient shall be liable to the county or
state, as applicable, for all sums advanced in accordance with
the provisions of sections 222.60 and 222.77.
2. The liability of any person, other than the patient,
who is legally bound for the support of a patient who is
under eighteen years of age in a resource center or a special
unit shall not exceed the average minimum cost of the care
of a normally intelligent minor without a an intellectual
disability of the same age and sex as the minor patient. The
administrator department shall establish the scale for this
purpose but the scale shall not exceed the standards for
personal allowances established by the state division under
the family investment program. The father or mother shall
incur liability only during any period when the father or
mother either individually or jointly receive a net income
from whatever source, commensurate with that upon which they
would be liable to make an income tax payment to this state.
The father or mother of a patient shall not be liable for the
support of the patient upon the patient attaining eighteen
years of age. Nothing in this section shall be construed to
prevent a relative or other person from voluntarily paying the
full actual cost as established by the administrator department
for caring for the patient with an intellectual disability.
Sec. 438. Section 222.84, Code 2023, is amended to read as
follows:
222.84 Patients’ personal deposit fund.
There is hereby established at each resource center and
special unit a fund which shall be known as the “patients’
personal deposit fund”; provided that in. In the case of
a special unit, the director may direct that the patients’
personal deposit fund be maintained and administered as a part
of the fund established, pursuant to sections 226.43 through
226.46, by the state mental health institute where the special
unit is located.
-283- Sec. 439. Section 222.86, Code 2023, is amended to read as
follows:
222.86 Payment for care from fund.
If a patient is not receiving medical assistance under
chapter 249A and the amount in the account of any patient
in the patients’ personal deposit fund exceeds two hundred
dollars, the business manager of the resource center or special
unit department may apply any amount of the excess to reimburse
the county of residence or the state for liability incurred by
the county or the state for the payment of care, support, and
maintenance of the patient, when billed by the county or state,
as applicable.
Sec. 440. Section 222.87, Code 2023, is amended to read as
follows:
222.87 Deposit in bank.
The business manager department shall deposit the patients’
personal deposit fund in a commercial account of a bank of
reputable standing. When deposits in the commercial account
exceed average monthly withdrawals, the business manager
department may deposit the excess at interest. The savings
account shall be in the name of the patients’ personal deposit
fund and interest paid thereon on the account may be used for
recreational purposes for the patients at the resource center
or special unit.
Sec. 441. Section 222.88, Code 2023, is amended to read as
follows:
222.88 Special intellectual disability unit.
The director of human services may organize and establish a
special intellectual disability unit at an existing institution
which may provide:
1. Psychiatric and related services to children with an
intellectual disability and adults who are also emotionally
disturbed with an emotional disturbance or otherwise mentally
ill a mental illness.
2. Specific programs to meet the needs of such other special
-284-categories of persons with an intellectual disability as may
be designated by the director.
3. Appropriate diagnostic evaluation services.
Sec. 442. Section 225.1, subsection 2, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. “Respondent” means the same as defined
in section 229.1.
Sec. 443. Section 225.5, Code 2023, is amended to read as
follows:
225.5 Cooperation of hospitals.
The medical director of the state psychiatric hospital
shall seek to bring about systematic cooperation between the
several state hospitals for persons with mental illness health
institutes and the state psychiatric hospital.
Sec. 444. Section 225.26, Code 2023, is amended to read as
follows:
225.26 Private patients — disposition of funds.
All moneys collected from private patients shall be used for
the support of the said state psychiatric hospital.
Sec. 445. Section 225.28, Code 2023, is amended to read as
follows:
225.28 Appropriation.
The state shall pay to the state psychiatric hospital, out of
any moneys in the state treasury not otherwise appropriated,
all expenses for the administration of the hospital, and for
the care, treatment, and maintenance of committed and voluntary
public patients therein in the state psychiatric hospital,
including their clothing and all other expenses of the hospital
for the public patients. The bills for the expenses shall be
rendered monthly in accordance with rules agreed upon by the
director of the department of administrative services and the
state board of regents.
Sec. 446. Section 225.33, Code 2023, is amended to read as
follows:
225.33 Death of patient — disposal of body.
-285- In the event that a When a committed public patient or
a voluntary public patient or a committed private patient
should die dies while at the state psychiatric hospital or
at the university hospital, the state psychiatric hospital
shall have the body prepared for shipment in accordance with
the rules prescribed by the state board of health council on
health and human services for shipping such bodies; and it
shall be. It is the duty of the state board of regents to make
arrangements for the embalming and such other preparation as
may be necessary to comply with the rules and for the purchase
of suitable caskets.
Sec. 447. Section 225.35, Code 2023, is amended to read as
follows:
225.35 Expense collected.
In the event that the said When a person is a committed
private patient, it shall be is the duty of the county
auditor of the proper county to proceed to collect all of such
expenses, in accordance with the provisions of sections 225.23
and 225.24.
Sec. 448. Section 225C.2, Code 2023, is amended to read as
follows:
225C.2 Definitions.
As used in this chapter:
1. “Administrator” means the administrator of the division.
2. 1. “Child” or “children” means a person or persons under
eighteen years of age.
3. 2. “Children’s behavioral health services” means services
for children with a serious emotional disturbance.
4. 3. “Children’s behavioral health system” or “children’s
system” means the behavioral health service system for children
implemented pursuant to this subchapter.
5. 4. “Commission” means the mental health and disability
services commission.
5. “Council” means the council on health and human services.
6. “Department” means the department of health and human
-286-services.
7. “Director” means the director of health and human
services.
8. “Disability services” means services and other support
available to a person with mental illness, an intellectual
disability or other developmental disability, or brain injury.
9. “Division” means the division of mental health and
disability services of the department.
10. 9. “Mental health and disability services region”
means a mental health and disability services region formed in
accordance with section 331.389.
11. 10. “Mental health and disability services regional
service system” means the mental health and disability service
system for a mental health and disability services region.
12. 11. “Regional administrator” means the same as defined
in section 331.388.
13. 12. “Serious emotional disturbance” means a diagnosable
mental, behavioral, or emotional disorder of sufficient
duration to meet diagnostic criteria specified within the most
current diagnostic and statistical manual of mental disorders
published by the American psychiatric association that results
in a functional impairment. “Serious emotional disturbance”
does not include substance use or developmental disorders
unless those disorders co-occur with such a diagnosable mental,
behavioral, or emotional disorder.
14. 13. “State board” means the children’s behavioral
health system state board created in section 225C.51.
Sec. 449. Section 225C.3, Code 2023, is amended to read as
follows:
225C.3 Division of mental health and disability services
Department — state mental health authority.
1. The division department is designated the state mental
health authority as defined in 42 U.S.C. §201(m) (1976) for
the purpose of directing the benefits of the National Mental
Health Act, 42 U.S.C. §201 et seq. This designation does
-287-not preclude the state board of regents from authorizing or
directing any institution under its jurisdiction to carry out
educational, prevention, and research activities in the areas
of mental health and intellectual disability. The division
department may contract with the state board of regents or any
institution under the board’s jurisdiction to perform any of
these functions.
2. The division department is designated the state
developmental disabilities agency for the purpose of directing
the benefits of the federal Developmental Disabilities
Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
3. The division is administered by the administrator. The
administrator of the division shall be qualified in the general
field of mental health, intellectual disability, or other
disability services, and preferably in more than one field.
The administrator shall have at least five years of experience
as an administrator in one or more of these fields.
Sec. 450. Section 225C.4, Code 2023, is amended to read as
follows:
225C.4 Administrator’s Department duties.
1. To the extent funding is available, the administrator
department shall perform the following duties:
a. Prepare and administer the comprehensive mental health
and disability services plan as provided in section 225C.6B,
including state mental health and intellectual disability
plans for the provision of disability services within the
state and the state developmental disabilities plan. The
administrator department shall take into account any related
planning activities implemented by the Iowa department of
public health, the state board of regents or a body designated
by the board for that purpose, the department of management
or a body designated by the director of the department for
that purpose, the department of education, the department of
workforce development and any other appropriate governmental
body, in order to facilitate coordination of disability
-288-services provided in this state. The state mental health and
intellectual disability plans shall be consistent with the
state health plan, and shall take into account mental health
and disability services regional service system management
plans.
b. Assist mental health and disability services region
governing boards and regional administrators in planning for
community-based disability services.
c. Assist the state board in planning for community-based
children’s behavioral health services.
d. Emphasize the provision of evidence-based outpatient and
community support services by community mental health centers
and local intellectual disability providers as a preferable
alternative to acute inpatient services and services provided
in large institutional settings.
e. Encourage and facilitate coordination of mental health
and disability services with the objective of developing
and maintaining in the state a mental health and disability
service delivery system to provide services to all persons
in this state who need the services, regardless of the place
of residence or economic circumstances of those persons.
The administrator department shall work with the commission
and other state agencies, including but not limited to the
departments of corrections, and education, and public health
and the state board of regents, to develop and implement a
strategic plan to expand access to qualified mental health
workers across the state.
f. Encourage and facilitate applied research and preventive
educational activities related to causes and appropriate
treatment for disabilities. The administrator department may
designate, or enter into agreements with, private or public
agencies to carry out this function.
g. Coordinate community-based services with those of the
state mental health institutes and state resource centers.
h. Administer state programs regarding the care, treatment,
-289-and supervision of persons with mental illness or an
intellectual disability, except the programs administered by
the state board of regents.
i. Administer and distribute state appropriations in
connection with the mental health and disability services
regional service fund established by section 225C.7A.
j. Act as compact administrator with power to effectuate the
purposes of interstate compacts on mental health.
k. Establish and maintain a data collection and management
information system oriented to the needs of patients,
providers, the department, and other programs or facilities in
accordance with section 225C.6A. The system shall be used to
identify, collect, and analyze service outcome and performance
measures data in order to assess the effects of the services
on the persons utilizing the services. The administrator
department shall annually submit to the commission information
collected by the department indicating the changes and trends
in the mental health and disability services system. The
administrator department shall make the outcome data available
to the public.
l. Encourage and facilitate coordination of children’s
behavioral health services with the objective of developing
and maintaining in the state a children’s behavioral health
system to provide behavioral health services to all children
in this state who need the services, regardless of the place
of residence or economic circumstances of those children.
The administrator department shall work with the state board
and other state agencies including but not limited to the
department of education and the department of public health
to develop and implement a strategic plan to expand access to
qualified mental health workers across the state.
m. Establish and maintain a data collection and management
information system oriented to the needs of children utilizing
the children’s behavioral health system, providers, the
department, and other programs or facilities in accordance
-290-with section 225C.6A. The system shall be used to identify,
collect, and analyze service outcome and performance measures
data in order to assess the effects of the services on the
children utilizing the services. The administrator department
shall annually submit to the state board information collected
by the department indicating the changes and trends in the
children’s behavioral health system. The administrator
department shall make the outcome data available to the public.
n. Prepare a division budget and reports of the division’s
department’s activities.
o. Establish suitable agreements with other state
agencies to encourage appropriate care and to facilitate the
coordination of disability services.
p. Provide consultation and technical assistance to
patients’ advocates appointed pursuant to section 229.19,
in cooperation with the judicial branch and the certified
volunteer long-term care ombudsmen certified pursuant to
section 231.45.
q. Provide technical assistance to agencies and
organizations, to aid them in meeting standards which are
established, or with which compliance is required, under
statutes administered by the administrator department,
including but not limited to chapters 227 and 230A.
r. Recommend to the commission minimum accreditation
standards for the maintenance and operation of community mental
health centers, services, and programs under section 230A.110.
The administrator’s department’s review and evaluation of the
centers, services, and programs for compliance with the adopted
standards shall be as provided in section 230A.111.
s. Recommend to the commission minimum standards for
supported community living services. The administrator
department shall review and evaluate the services for
compliance with the adopted standards.
t. In cooperation with the department of inspections and
appeals, recommend minimum standards under section 227.4 for
-291-the care of and services to persons with mental illness or an
intellectual disability residing in county care facilities.
The administrator department shall also cooperate with the
department of inspections and appeals in recommending minimum
standards for care of and services provided to persons with
mental illness or an intellectual disability living in a
residential care facility regulated under chapter 135C.
u. In cooperation with the Iowa department of public health,
recommend Recommend minimum standards for the maintenance and
operation of public or private facilities offering disability
services, which are not subject to licensure by the department
or the department of inspections and appeals.
v. Provide technical assistance concerning disability
services and funding to mental health and disability services
region governing boards and regional administrators.
w. Coordinate with the mental health planning and advisory
council created pursuant to 42 U.S.C. §300x-3 to ensure the
council membership includes representation by a military
veteran who is knowledgeable concerning the behavioral and
mental health issues of veterans.
x. Enter into performance-based contracts with
regional administrators as described in section 331.390.
A performance-based contract shall require a regional
administrator to fulfill the statutory and regulatory
requirements of the regional service system under this chapter
and chapter 331. A failure to fulfill the requirements may be
addressed by remedies specified in the contract, including but
not limited to suspension of contract payments or cancellation
of the contract. The contract provisions may include but are
not limited to requirements for the regional service system
to attain outcomes within a specified range of acceptable
performance in any of the following categories:
(1) Access standards for the required core services.
(2) Penetration rates for serving the number of persons
expected to be served.
-292- (3) Utilization rates for inpatient and residential
treatment.
(4) Readmission rates for inpatient and residential
treatment.
(5) Employment of the persons receiving services.
(6) Administrative costs.
(7) Data reporting.
(8) Timely and accurate claims processing.
(9) School attendance.
y. Provide information through the internet concerning
waiting lists for services implemented by mental health and
disability services regions.
2. The administrator department may:
a. Apply for, receive, and administer federal aids, grants,
and gifts for purposes relating to disability services or
programs.
b. Establish and supervise suitable standards of care,
treatment, and supervision for persons with disabilities in
all institutions under the control of the director of human
services.
c. Appoint professional consultants to furnish advice on
any matters pertaining to disability services. The consultants
shall be paid as provided by an appropriation of the general
assembly.
d. Administer a public housing unit within a bureau of
the division program to apply for, receive, and administer
federal assistance, grants, and other public or private funds
for purposes related to providing housing in accordance with
section 225C.45.
Sec. 451. Section 225C.5, subsection 1, paragraph j, Code
2023, is amended to read as follows:
j. One member shall be an active board member of an agency
serving persons with a substance abuse problem use disorder
selected from nominees submitted by the Iowa behavioral health
association.
-293- Sec. 452. Section 225C.6, Code 2023, is amended to read as
follows:
225C.6 Duties of commission.
1. To the extent funding is available, the commission shall
perform the following duties:
a. Advise the administrator department on the administration
of the overall state disability services system.
b. Pursuant to recommendations made for this purpose by
the administrator director, adopt necessary rules pursuant to
chapter 17A which relate to disability programs and services,
including but not limited to definitions of each disability
included within the term “disability services” as necessary for
purposes of state, county, and regional planning, programs, and
services.
c. Adopt standards for community mental health centers,
services, and programs as recommended under section 230A.110.
The administrator department shall determine whether to grant,
deny, or revoke the accreditation of the centers, services, and
programs.
d. Adopt standards for the provision under the medical
assistance program of individual case management services.
e. Unless another governmental body sets standards for a
service available to persons with disabilities, adopt state
standards for that service. The commission shall review the
licensing standards used by the department of human services
or department of inspections and appeals for those facilities
providing disability services.
f. Assure that proper reconsideration and appeal procedures
are available to persons aggrieved by decisions, actions, or
circumstances relating to accreditation.
g. Adopt necessary rules for awarding grants from the state
and federal government as well as other moneys that become
available to the division department for grant purposes.
h. Annually submit to the governor and the general assembly:
(1) A report concerning the activities of the commission.
-294- (2) Recommendations formulated by the commission for
changes in law.
i. By January 1 of each odd-numbered year, submit to the
governor and the general assembly an evaluation of:
(1) The extent to which services to persons with
disabilities are actually available to persons in each county
and mental health and disability services region in the state
and the quality of those services.
(2) The effectiveness of the services being provided by
disability service providers in this state and by each of the
state mental health institutes established under chapter 226
and by each of the state resource centers established under
chapter 222.
j. Advise the administrator director, the council on human
services, the governor, and the general assembly on budgets and
appropriations concerning disability services.
k. Coordinate activities with the Iowa developmental
disabilities council and the mental health planning council,
created pursuant to federal law. The commission shall work
with other state agencies on coordinating, collaborating, and
communicating concerning activities involving persons with
disabilities.
l. Pursuant to a recommendation made by the administrator
department, identify basic financial eligibility standards
for the disability services provided by a mental health and
disability services region. The initial standards shall be as
specified in chapter 331.
m. Identify disability services outcomes and indicators to
support the ability of eligible persons with a disability to
live, learn, work, and recreate in communities of the persons’
choice. The identification duty includes but is not limited to
responsibility for identifying, collecting, and analyzing data
as necessary to issue reports on outcomes and indicators at the
county, region, and state levels.
2. Notwithstanding section 217.3, subsection 6, the
-295-commission may adopt the rules authorized by subsection 1,
pursuant to chapter 17A, without prior review and approval of
those rules by the council on human services.
3. If the executive branch creates a committee, task
force, council, or other advisory body to consider disability
services policy or program options involving children or adult
consumers, the commission is designated to receive and consider
any report, findings, recommendations, or other work product
issued by such body. The commission may address the report,
findings, recommendations, or other work product in fulfilling
the commission’s functions and to advise the department,
council on human services, governor, and general assembly
concerning disability services.
4. a. The department shall coordinate with the
department of inspections and appeals in the establishment of
facility-based and community-based, subacute mental health
services.
b. A person shall not provide community-based, subacute
mental health services unless the person has been accredited
to provide the services. The commission shall adopt standards
for subacute mental health services and for accreditation of
providers of community-based, subacute mental health services.
c. As used in this subsection, “subacute mental health
services” means all of the following:
(1) A comprehensive set of wraparound services for persons
who have had or are at imminent risk of having acute or
crisis mental health symptoms that do not permit the persons
to remain in or threatens removal of the persons from their
home and community, but who have been determined by a mental
health professional and a licensed health care professional,
subject to the professional’s scope of practice, not to need
inpatient acute hospital services. For the purposes of this
subparagraph, “mental health professional” means the same as
defined in section 228.1 and “licensed health care professional”
means a person licensed under chapter 148 to practice medicine
-296-and surgery or osteopathic medicine and surgery, an advanced
registered nurse practitioner licensed under chapter 152 or
152E, or a physician assistant licensed to practice under the
supervision of a physician as authorized in chapters 147 and
148C.
(2) Intensive, recovery-oriented treatment and monitoring
of the person with direct or remote access to a psychiatrist or
advanced registered nurse practitioner.
(3) An outcome-focused, interdisciplinary approach designed
to return the person to living successfully in the community.
(4) Services that may be provided in a wide array of
settings ranging from the person’s home to a facility providing
subacute mental health services.
(5) Services that are time limited to not more than ten
days or another time period determined in accordance with rules
adopted for this purpose.
d. Subacute mental health services and the standards for
the services shall be established in a manner that allows for
accessing federal Medicaid funding.
Sec. 453. Section 225C.6B, Code 2023, is amended to read as
follows:
225C.6B Mental health and disability services system —
legislative intent — comprehensive plan — state and regional
service systems.
1. Intent.
a. The general assembly intends for the state to implement
a comprehensive, continuous, and integrated state mental
health and disability services plan in accordance with
the requirements of sections 225C.4 and 225C.6 and other
provisions of this chapter, by increasing the department’s
responsibilities in the development, funding, oversight, and
ongoing leadership of mental health and disability services in
this state.
b. In order to further the purposes listed in section 225C.1
and in other provisions of this chapter, the general assembly
-297-intends that efforts focus on the goal of making available a
comprehensive array of high-quality, evidence-based consumer
and family-centered mental health and disability services and
other support in the least restrictive, community-based setting
appropriate for a consumer.
c. In addition, it is the intent of the general assembly
to promote policies and practices that achieve for consumers
the earliest possible detection of mental health problems and
the need for disability services and for early intervention;
to stress that all health care programs address mental health
disorders with the same urgency as physical health disorders;
to promote the policies of all public programs that serve
adults and children with mental disorders or with a need
for disability services, including but not limited to child
welfare, Medicaid, education, housing, criminal and juvenile
justice, substance abuse use disorder treatment, and employment
services; to consider the special mental health and disability
services needs of adults and children; and to promote recovery
and resiliency as expected outcomes for all consumers.
2. Comprehensive plan. The division department shall
develop a comprehensive written five-year state mental health
and disability services plan with annual updates and readopt
the plan every five years. The plan shall describe the key
components of the state’s mental health and disability services
system, including the services that are community-based, state
institution-based, or regional or state-based. The five-year
plan and each update shall be submitted annually to the
commission on or before October 30 for review and approval.
3. State and regional disability service systems. The
publicly financed disability services for persons with mental
illness, intellectual disability or other developmental
disability, or brain injury in this state shall be provided by
the department and the counties operating together as regions.
The financial and administrative responsibility for such
services is as follows:
-298- a. Disability services for children and adults that are
covered under the medical assistance program pursuant to
chapter 249A are the responsibility of the state.
b. Adult mental health and intellectual disability services
that are not covered under the medical assistance program are
the responsibility of the county-based regional service system.
c. Children’s behavioral health services provided to
eligible children that are not covered under the medical
assistance program or other third-party payor are the
responsibility of the county-based regional service system.
Sec. 454. Section 225C.6C, Code 2023, is amended to read as
follows:
225C.6C Regional service system — regulatory requirements.
1. The departments department and the department of
inspections, and appeals, human services, and public health and
licensing shall comply with the requirements of this section in
their efforts to improve the regulatory requirements applied
to the mental health and disability services regional service
system administration and service providers.
2. The three departments shall work together to establish
a process to streamline accreditation, certification, and
licensing standards applied to the regional service system
administration and service providers.
3. The departments of human services and inspections and
appeals shall jointly review the standards and inspection
process applicable to residential care facilities.
4. The three departments shall do all of the following in
developing regulatory requirements applicable to the regional
service system administration and service providers:
a. Consider the costs to regional administrators and
providers in the development of quality monitoring efforts.
b. Implement the use of uniform, streamlined, and statewide
cost reporting standards and tools by the regional service
system and the department of human services.
c. Make quality monitoring information, including services,
-299-quality, and location information, easily available and
understandable to all citizens.
d. Establish standards that are clearly understood and are
accompanied by interpretive guidelines to support understanding
by those responsible for applying the standards.
e. Develop a partnership with providers in order to
improve the quality of services and develop mechanisms for the
provision of technical assistance.
f. Develop consistent data collection efforts based on
statewide standards and make information available to all
providers. The efforts under this paragraph shall be made with
representatives of the Iowa state association of counties.
g. Evaluate existing provider qualification and monitoring
efforts to identify duplication and gaps, and align the efforts
with valued outcomes.
h. Streamline and enhance existing standards.
i. Consider allowing providers to seek accreditation from
a national accrediting body in lieu of state accreditation or
certification.
Sec. 455. Section 225C.7A, subsection 7, Code 2023, is
amended to read as follows:
7. a. For the fiscal year beginning July 1, 2021, each
mental health and disability services region for which the
amount certified during the fiscal year under section 331.391,
subsection 4, paragraph “b”, exceeds forty percent of the actual
expenditures of the region for the fiscal year preceding the
fiscal year in progress, the remaining quarterly payments of
the region’s regional service payment shall be reduced by
an amount equal to the amount by which the region’s amount
certified under section 331.391, subsection 4, paragraph “b”,
exceeds forty percent of the actual expenditures of the region
for the fiscal year preceding the fiscal year in progress, but
the amount of the reduction shall not exceed the total amount
of the region’s regional service payment for the fiscal year.
If the region’s remaining quarterly payments are insufficient
-300-to effectuate the required reductions under this paragraph, the
region is required to pay to the department of human services
any amount for which the reduction in quarterly payments could
not be made. The amount of reductions to quarterly payments
and amounts paid to the department under this paragraph shall
be transferred and credited to the region incentive fund under
subsection 8.
b. For the fiscal year beginning July 1, 2022, each mental
health and disability services region for which the amount
certified during the fiscal year under section 331.391,
subsection 4, paragraph “b”, exceeds twenty percent of the
actual expenditures of the region for the fiscal year preceding
the fiscal year in progress, the remaining quarterly payments
of the region’s regional service payment shall be reduced by
an amount equal to the amount by which the region’s amount
certified under section 331.391, subsection 4, paragraph “b”,
exceeds twenty percent of the actual expenditures of the region
for the fiscal year preceding the fiscal year in progress, but
the amount of the reduction shall not exceed the total amount
of the region’s regional service payment for the fiscal year.
If the region’s remaining quarterly payments are insufficient
to effectuate the required reductions under this paragraph, the
region is required to pay to the department of human services
any amount for which the reduction in quarterly payments could
not be made. The amount of reductions to quarterly payments
and amounts paid to the department under this paragraph shall
be transferred and credited to the region incentive fund under
subsection 8.
c. For the fiscal year beginning July 1, 2023, and each
succeeding fiscal year, each mental health and disability
services region for which the amount certified during the
fiscal year under section 331.391, subsection 4, paragraph “b”,
exceeds five percent of the actual expenditures of the region
for the fiscal year preceding the fiscal year in progress, the
remaining quarterly payments of the region’s regional service
-301-payment shall be reduced by an amount equal to the amount by
which the region’s amount certified under section 331.391,
subsection 4, paragraph “b”, exceeds five percent of the actual
expenditures of the region for the fiscal year preceding the
fiscal year in progress, but the amount of the reduction
shall not exceed the total amount of the region’s regional
service payment for the fiscal year. If the region’s remaining
quarterly payments are insufficient to effectuate the required
reductions under this paragraph, the region is required to
pay to the department of human services any amount for which
the reduction in quarterly payments could not be made. The
amount of reductions to quarterly payments and amounts paid to
the department under this paragraph shall be transferred and
credited to the region incentive fund under subsection 8.
Sec. 456. Section 225C.13, Code 2023, is amended to read as
follows:
225C.13 Authority to establish and lease facilities.
1. The administrator assigned, in accordance with section
218.1, to control the state mental health institutes and the
state resource centers department may enter into agreements
under which a facility or portion of a facility administered by
the administrator department under section 218.1 is leased to a
department or a division of state government, a county or group
of counties, a mental health and disability services region, or
a private nonprofit corporation organized under chapter 504. A
lease executed under this section shall require that the lessee
use the leased premises to deliver either disability services
or other services normally delivered by the lessee.
2. The division administrator director may work with the
appropriate administrator of the department’s institutions to
establish mental health and intellectual disability services
for all institutions under the control of the director of human
services and to establish an autism unit, following mutual
planning and consultation with the medical director of the
state psychiatric hospital, at an institution or a facility
-302-administered by the department to provide psychiatric and
related services and other specific programs to meet the needs
of autistic persons with autism, and to furnish appropriate
diagnostic evaluation services.
Sec. 457. Section 225C.19, Code 2023, is amended to read as
follows:
225C.19 Emergency mental health crisis services system.
1. For the purposes of this section:
a. “Emergency mental health crisis services provider” means
a provider accredited or approved by the department to provide
emergency mental health crisis services.
b. “Emergency mental health crisis services system” or
“services system” means a coordinated array of crisis services
for providing a response to assist an individual adult or child
who is experiencing a mental health crisis or who is in a
situation that is reasonably likely to cause the individual to
have a mental health crisis unless assistance is provided.
2. a. The division department shall implement an emergency
mental health crisis services system in consultation with
counties, and community mental health centers and other mental
health and social service providers, in accordance with this
section.
b. The purpose of the services system is to provide a
statewide array of time-limited intervention services to reduce
escalation of crisis situations, relieve the immediate distress
of individuals experiencing a crisis situation, reduce the risk
of individuals in a crisis situation doing harm to themselves
or others, and promote timely access to appropriate services
for those who require ongoing mental health services.
c. The services system shall be available twenty-four hours
per day, seven days per week to any individual who is in or is
determined by others to be in a crisis situation, regardless of
whether the individual has been diagnosed with a mental illness
or a co-occurring mental illness and substance abuse use
disorder. The system shall address all ages, income levels,
-303-and health coverage statuses.
d. The goals of an intervention offered by a provider
under the services system shall include but are not limited to
symptom reduction, stabilization of the individual receiving
the intervention, and restoration of the individual to a
previous level of functioning.
e. The elements of the services system shall be specified in
administrative rules adopted by the commission.
3. The services system elements shall include but are not
limited to all of the following:
a. Standards for accrediting or approving emergency mental
health crisis services providers. Such providers may include
but are not limited to a community mental health center
designated under chapter 230A, a unit of the department or
other state agency, a county, a mental health and disability
services region, or any other public or private provider who
meets the accreditation or approval standards for an emergency
mental health crisis services provider.
b. Identification by the division department of geographic
regions, groupings of mental health and disability services
regions, service areas, or other means of distributing and
organizing the emergency mental health crisis services system
to ensure statewide availability of the services.
c. Coordination of emergency mental health crisis services
with all of the following:
(1) The district and juvenile courts.
(2) Law enforcement.
(3) Judicial district departments of correctional services.
(4) Mental health and disability services regions.
(5) Other mental health, substance abuse use disorder, and
co-occurring mental illness and substance abuse use disorder
services available through the state and counties to serve both
children and adults.
d. Identification of basic services to be provided through
each accredited or approved emergency mental health crisis
-304-services provider which may include but are not limited to
face-to-face crisis intervention, stabilization, support,
counseling, preadmission screening for individuals who may
require psychiatric hospitalization, transportation, and
follow-up services.
e. Identification of operational requirements for emergency
mental health crisis services provider accreditation or
approval which may include providing a telephone hotline,
mobile crisis staff, collaboration protocols, follow-up with
community services, information systems, and competency-based
training.
4. The division department shall initially implement
the program through a competitive block grant process.
The implementation shall be limited to the extent of the
appropriations provided for the program.
Sec. 458. Section 225C.19A, Code 2023, is amended to read
as follows:
225C.19A Crisis stabilization programs.
The department shall accredit, certify, or apply standards
of review to authorize the operation of crisis stabilization
programs, including crisis stabilization programs operating
in a psychiatric medical institution for children pursuant
to chapter 135H that provide children with mental health,
substance abuse use disorder, and co-occurring mental health
and substance abuse use disorder services. In authorizing the
operation of a crisis stabilization program, the department
shall apply the relevant requirements for an emergency mental
health crisis services provider and system under section
225C.19. A program authorized to operate under this section is
not required to be licensed under chapter 135B, 135C, 135G, or
135H, or certified under chapter 231C. The commission shall
adopt rules to implement this section. The department shall
accept accreditation of a crisis stabilization program by a
national accrediting organization in lieu of applying the rules
adopted in accordance with this section to the program.
-305- Sec. 459. Section 225C.20, Code 2023, is amended to read as
follows:
225C.20 Responsibilities of mental health and disability
services regions for individual case management services.
Individual case management services funded under the medical
assistance program shall be provided by the department except
when a county or a consortium of counties contracts with the
department to provide the services. A regional administrator
may contract for one or more counties of the region to be
the provider at any time and the department shall agree to
the contract so long as the contract meets the standards for
case management adopted by the department. The regional
administrator may subcontract for the provision of case
management services so long as the subcontract meets the same
standards. A regional administrator may change the provider
of individual case management services at any time. If the
current or proposed contract is with the department, the
regional administrator shall provide written notification of
a change at least ninety days before the date the change will
take effect.
Sec. 460. Section 225C.21, Code 2023, is amended to read as
follows:
225C.21 Supported community living services.
1. As used in this section, “supported community living
services” means services provided in a noninstitutional
setting to adult persons with mental illness, an intellectual
disability, or developmental disabilities to meet the persons’
daily living needs.
2. The commission shall adopt rules pursuant to chapter 17A
establishing minimum standards for supported community living
services. The administrator department shall determine whether
to grant, deny, or revoke approval for any supported community
living service.
3. Approved supported community living services may receive
funding from the state, federal and state social services block
-306-grant funds, and other appropriate funding sources, consistent
with state legislation and federal regulations. The funding
may be provided on a per diem, per hour, or grant basis, as
appropriate.
Sec. 461. Section 225C.23, Code 2023, is amended to read as
follows:
225C.23 Brain injury recognized as disability.
1. The department of human services, the Iowa department of
public health, the department of education and its divisions
division of special education and of the department of
education, the division of vocational rehabilitation services
of the department of workforce development, the department of
human rights and its division for persons with disabilities,
the department for the blind, and all other state agencies
which serve persons with brain injuries, shall recognize brain
injury as a distinct disability and shall identify those
persons with brain injuries among the persons served by the
state agency.
2. For the purposes of this section, “brain injury” means
the same as defined in section 135.22.
Sec. 462. Section 225C.29, Code 2023, is amended to read as
follows:
225C.29 Compliance.
Except for a violation of section 225C.28B, subsection
2, the sole remedy for violation of a rule adopted by the
commission to implement sections 225C.25, 225C.26, 225C.28A,
and 225C.28B shall be by a proceeding for compliance initiated
by request to the division department pursuant to chapter
17A. Any decision of the division department shall be in
accordance with due process of law and is subject to appeal to
the Iowa district court pursuant to sections 17A.19 and 17A.20
by any aggrieved party. Either the division department or a
party in interest may apply to the Iowa district court for an
order to enforce the decision of the division department. Any
rules adopted by the commission to implement sections 225C.25,
-307-225C.26, 225C.28A, and 225C.28B do not create any right,
entitlement, property, or liberty right or interest, or private
cause of action for damages against the state or a political
subdivision of the state or for which the state or a political
subdivision of the state would be responsible. Any violation
of section 225C.28B, subsection 2, shall solely be subject to
the enforcement by the commissioner of insurance and penalties
granted by chapter 507B for a violation of section 507B.4,
subsection 3, paragraph “g”.
Sec. 463. Section 225C.35, Code 2023, is amended to read as
follows:
225C.35 Definitions.
For purposes of this subchapter, unless the context
otherwise requires:
1. “Department” means the department of human services.
2. 1. “Family” means a family member and the parent or
legal guardian of the family member.
3. 2. “Family member” means a person less than eighteen
years of age who by educational determination has a moderate,
severe, or profound educational disability or special
health care needs or who otherwise meets the definition
of developmental disability in the federal Developmental
Disabilities Assistance and Bill of Rights Act, as codified
in 42 U.S.C. §15002. The department shall adopt rules
establishing procedures for determining whether a child has a
developmental disability.
4. 3. “Legal guardian” means a person appointed by a court
to exercise powers over a family member.
5. 4. “Medical assistance” means payment of all or part of
the care authorized to be provided pursuant to chapter 249A the
same as defined in section 249A.2.
6. 5. “Parent” means a biological or adoptive parent.
7. 6. “Supplemental security income” means financial
assistance provided to individuals pursuant to Tit.XVI of the
federal Social Security Act, 42 U.S.C. §1381 – 1383c.
-308- Sec. 464. Section 225C.37, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. A statement that if the child receives medical
assistance, then the family support subsidy shall only be used
for the cost of a service which is not covered by medical
assistance. The family may receive welfare public assistance
for which the family is eligible.
Sec. 465. Section 225C.45, Code 2023, is amended to read as
follows:
225C.45 Public housing unit program.
1. The administrator department may establish a public
housing unit within a bureau of the division program to apply
for, receive, and administer federal assistance, grants, and
other public or private funds for purposes related to providing
housing.
2. In implementing the public housing unit program, the
division department may do all of the following:
a. Prepare, implement, and operate housing projects
and provide for the construction, improvement, extension,
alteration, or repair of a housing project under the division’s
department’s jurisdiction.
b. Develop and implement studies, conduct analyses, and
engage in research concerning housing and housing needs. The
information obtained from these activities shall be made
available to the public and to the building, housing, and
supply industries.
c. Cooperate with the Iowa finance authority, and
participate in any of the authority’s programs. Use, and use
any funds obtained pursuant to subsection 1 to participate in
the authority’s programs. The division department shall comply
with rules adopted by the authority as the rules apply to the
housing activities of the division department.
3. In accepting contributions, grants, or other financial
assistance from the federal government relating to a housing
activity of the division department, including construction,
-309-operation, or maintenance, or in managing a housing project or
undertaking constructed or owned by the federal government, the
division department may do any of the following:
a. Comply with federally required conditions or enter into
contracts or agreements as may be necessary, convenient, or
desirable.
b. Take any other action necessary or desirable in order
to secure the financial aid or cooperation of the federal
government.
c. Include in a contract with the federal government for
financial assistance any provision which the federal government
may require as a condition of the assistance that is consistent
with the provisions of this section.
4. The division department shall not proceed with a housing
project pursuant to this section, unless both of the following
conditions are met:
a. A study for a report which includes recommendations
concerning the housing available within a community is publicly
issued by the division department. The study shall be included
in the division’s department’s recommendations for a housing
project.
b. The division’s department’s recommendations are approved
by a majority of the city council or board of supervisors
with jurisdiction over the geographic area affected by the
recommendations.
5. Property acquired or held pursuant to this section
is public property used for essential public purposes and is
declared to be exempt from any tax or special assessment of the
state or any state public body as defined in section 403A.2.
In lieu of taxes on the property, the division department may
agree to make payments to the state or a state public body,
including but not limited to the division department, as the
division department finds necessary to maintain the purpose of
providing low-cost housing in accordance with this section.
6. Any property owned or held by the division department
-310- pursuant to this section is exempt from levy and sale by
execution. An execution or other judicial process shall not be
issued against the property and a judgment against the division
department shall not be a lien or charge against the property.
However, the provisions of this subsection shall not apply to
or limit the right of the federal government to pursue any
remedies available under this section. The provisions of this
subsection shall also not apply to or limit the right of an
obligee to take either of the following actions:
a. Foreclose or otherwise enforce a mortgage or other
security executed or issued pursuant to this section.
b. Pursue remedies for the enforcement of a pledge or lien
on rents, fees, or revenues.
7. In any contract with the federal government to provide
annual payments to the division department, the division
department may obligate itself to convey to the federal
government possession of or title to the housing project
in the event of a substantial default as defined in the
contract and with respect to the covenant or conditions to
which the division department is subject. The obligation
shall be specifically enforceable and shall not constitute a
mortgage. The contract may also provide that in the event of
a conveyance, the federal government may complete, operate,
manage, lease, convey, or otherwise deal with the housing
project and funds in accordance with the terms of the contract.
However, the contract shall require that, as soon as is
practicable after the federal government is satisfied that all
defaults with respect to the housing project are cured and the
housing project will be operated in accordance with the terms
of the contract, the federal government shall reconvey the
housing project to the division department.
8. The division department shall not undertake a housing
project pursuant to this section until a public hearing has
been held. At the hearing, the division department shall
notify the public of the proposed project’s name, location,
-311-number of living units proposed, and approximate cost. Notice
of the public hearing shall be published at least once in a
newspaper of general circulation at least fifteen days prior to
the date set for the hearing.
Sec. 466. Section 225C.47, subsection 2, Code 2023, is
amended to read as follows:
2. A comprehensive family support program is created in the
department of human services to provide a statewide system of
services and support to eligible families. The program shall
be implemented in a manner which enables a family member of
an individual with a disability to identify the services and
support needed to enable the individual to reside with the
individual’s family, to function more independently, and to
increase the individual’s integration into the community.
Sec. 467. Section 225C.49, Code 2023, is amended to read as
follows:
225C.49 Departmental duties concerning services to
individuals with a disability.
1. The department shall provide coordination of the
programs administered by the department which serve individuals
with a disability and the individuals’ families, including but
not limited to the following juvenile justice and child welfare
services: family-centered services described under section
232.102, decategorization of child welfare funding provided
for under section 232.188, and foster care services paid under
section 234.35, subsection 3. The department shall regularly
review administrative rules associated with such programs
and make recommendations to the council on human services,
governor, and general assembly for revisions to remove barriers
to the programs for individuals with a disability and the
individuals’ families including the following:
a. Eligibility prerequisites which require declaring the
individual at risk of abuse, neglect, or out-of-home placement.
b. Time limits on services which restrict addressing ongoing
needs of individuals with a disability and their families.
-312- 2. The department shall coordinate the department’s
programs and funding utilized by individuals with a disability
and their families with other state and local programs and
funding directed to individuals with a disability and their
families.
3. In implementing the provisions of this section, the
department shall do all of the following:
a. Compile information concerning services and other support
available to individuals with a disability and their families.
Make the information available to individuals with a disability
and their families and department staff.
b. Utilize internal training resources or contract for
additional training of staff concerning the information
under paragraph “a” and training of families and individuals
as necessary to implement the family support subsidy and
comprehensive family support programs under this chapter.
4. The department shall designate one individual whose sole
duties are to provide central coordination of the programs
under sections 225C.36 and 225C.47 and to oversee development
and implementation of the programs.
Sec. 468. Section 225C.51, Code 2023, is amended to read as
follows:
225C.51 Children’s behavioral health system state board.
1. A children’s behavioral health system state board
is created as the state body to provide guidance on the
implementation and management of a children’s behavioral health
system for the provision of services to children with a serious
emotional disturbance. State board members shall be appointed
on the basis of interest and experience in the fields of
children’s behavioral health to ensure adequate representation
from persons with life experiences and from persons
knowledgeable about children’s behavioral health services. The
department shall provide support to the state board, and the
board may utilize staff support and other assistance provided
to the state board by other persons. The state board shall
-313-meet at least four times per year. The membership of the state
board shall consist of the following persons:
a. The director of the department of health and human
services or the director’s designee.
b. The director of the department of education or the
director’s designee.
c. The director of the department of public health or the
director’s designee.
d. c. The director of workforce development or the
director’s designee.
e. d. A member of the mental health and disability services
commission.
f. e. Members appointed by the governor who are active
members of each of the indicated groups:
(1) One member shall be selected from nominees submitted by
the state court administrator.
(2) One member shall be selected from nominees submitted by
the early childhood Iowa office program in the department of
management.
(3) One member shall be a board member or an employee of a
provider of mental health services to children.
(4) One member shall be a board member or an employee of a
provider of child welfare services.
(5) One member shall be an administrator of an area
education agency.
(6) One member shall be an educator, counselor, or
administrator of a school district.
(7) One member shall be a representative of an established
advocacy organization whose mission or purpose it is, in part,
to further goals related to children’s mental health.
(8) One member shall be a parent or guardian of a child
currently utilizing or who has utilized behavioral health
services.
(9) One member shall be a sheriff.
(10) One member shall be a pediatrician.
-314- (11) One member shall be a representative from a health care
system.
(12) One member shall be a chief executive officer of a
mental health and disability services region.
g. f. In addition to the voting members, the membership
shall include four members of the general assembly with one
member designated by each of the following: the majority
leader of the senate, the minority leader of the senate, the
speaker of the house of representatives, and the minority
leader of the house of representatives. A legislative member
serves for a term as provided in section 69.16B in a nonvoting,
ex officio capacity and is not eligible for per diem and
expenses as provided in section 2.10.
2. Members appointed by the governor shall serve four-year
staggered terms and are subject to confirmation by the senate.
The four-year terms shall begin and end as provided in section
69.19. Vacancies on the state board shall be filled as
provided in section 2.32. A member shall not be appointed for
more than two consecutive four-year terms.
3. The director of the department of human services and the
director of the department of education, or their designees,
shall serve as co-chairpersons of the state board. Board
members shall not be entitled to a per diem as specified in
section 7E.6 and shall not be entitled to actual and necessary
expenses incurred while engaged in their official duties.
Sec. 469. Section 225C.52, subsection 1, Code 2023, is
amended to read as follows:
1. Advise the administrator director on the administration
of the children’s behavioral health system.
Sec. 470. Section 225D.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Department” means the department of health and human
services.
Sec. 471. Section 226.1, Code 2023, is amended to read as
follows:
-315- 226.1 Official designation — definitions.
1. The state hospitals for persons with mental illness shall
be designated as follows:
a. Mental Health Institute, Independence, Iowa.
b. Mental Health Institute, Cherokee, Iowa.
2. a. The purpose of the mental health institutes is to
operate as regional resource centers providing one or more of
the following:
(1) Treatment, training, care, habilitation, and support of
persons with mental illness or a substance abuse problem use
disorder.
(2) Facilities, services, and other support to the
communities located in the region being served by a mental
health institute so as to maximize the usefulness of the mental
health institutes while minimizing overall costs.
(3) A unit for the civil commitment of sexually violent
predators committed to the custody of the director of human
services pursuant to chapter 229A.
b. In addition, the mental health institutes are encouraged
to act as a training resource for community-based program
staff, medical students, and other participants in professional
education programs.
3. A mental health institute may request the approval of the
council on human services to change the name of the institution
for use in communication with the public, in signage, and in
other forms of communication.
4. For the purposes of this chapter, unless the context
otherwise requires:
a. “Administrator” means the person assigned by the
director of human services to control the state mental health
institutes. “Council” means the council on health and human
services.
b. “Department” means the department of health and human
services.
c. “Director” means the director of health and human
-316-services.
c. d. “Mental health and disability services region” means
a mental health and disability services region formed in
accordance with section 331.389.
e. “Mental health institute” or “state mental health
institute” means a state hospital for persons with mental
illness as designated in this chapter.
d. f. “Regional administrator” means the regional
administrator of a mental health and disability services
region, same as defined in section 331.388.
Sec. 472. Section 226.4, Code 2023, is amended to read as
follows:
226.4 Salary of superintendent.
The salary of the superintendent of each hospital mental
health institute shall be determined by the administrator
director.
Sec. 473. Section 226.5, Code 2023, is amended to read as
follows:
226.5 Superintendent as witness.
The superintendents and assistant physicians of said
hospitals the mental health institutes, when called as
witnesses in any court, shall be paid the same mileage which
other witnesses are paid and in addition thereto shall be paid
a fee of twenty-five dollars per day, said the fee to revert to
the support fund of the hospital mental health institute the
superintendent or assistant physician serves.
Sec. 474. Section 226.6, Code 2023, is amended to read as
follows:
226.6 Duties of superintendent.
The superintendent shall:
1. Have the control of the medical, mental, moral, and
dietetic treatment of the patients in the superintendent’s
custody subject to the approval of the administrator director.
2. Require all subordinate officers and employees to
perform their respective duties.
-317- 3. Have an official seal with the name of the hospital
mental health institute and the word “Iowa” thereon and on
the seal. The superintendent may affix the same seal to all
notices, orders of discharge, or other papers required to be
given by the superintendent.
4. Keep proper books in which shall be entered all moneys
and supplies received on account of any patient and a detailed
account of the disposition of the same all moneys and supplies.
Sec. 475. Section 226.7, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Preference in the reception of patients into said hospitals
the mental health institutes shall be exercised in the
following order:
Sec. 476. Section 226.8, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If determined appropriate for the person at the
sole discretion of the director of human services, the
administrator, or the director’s or administrator’s designee.
Sec. 477. Section 226.9, Code 2023, is amended to read as
follows:
226.9 Custody of patient.
The superintendent, upon the receipt of a duly executed
order of admission of a patient into the hospital for persons
with mental illness a state mental health institute, pursuant
to section 229.13, shall take such the patient into custody and
restrain the patient as provided by law and the rules of the
administrator department, without liability on the part of such
superintendent and all other officers of the hospital mental
health institute to prosecution of any kind on account thereof,
but no person shall be detained in the hospital mental health
institute who is found by the superintendent to be in good
mental health.
Sec. 478. Section 226.10, Code 2023, is amended to read as
follows:
-318- 226.10 Equal treatment.
The patients of the state mental health institutes,
according to their different conditions of mind and body, and
their respective needs, shall be provided for and treated
with equal care. If in addition to mental illness a patient
has a co-occurring intellectual disability, brain injury, or
substance abuse use disorder, the care provided shall also
address the co-occurring needs.
Sec. 479. Section 226.11, Code 2023, is amended to read as
follows:
226.11 Special care permitted.
Patients may have such special care as may be agreed upon
with the superintendent, if the friends or relatives of the
patient will pay the expense thereof of the special care.
Charges for such special care and attendance shall be paid
quarterly in advance.
Sec. 480. Section 226.12, Code 2023, is amended to read as
follows:
226.12 Monthly reports.
The administrator director shall assure that the
superintendent of each institute provides monthly reports
concerning the programmatic, environmental, and fiscal
condition of the mental health institute. The administrator
director or the administrator’s director’s designee shall
periodically visit each institute to validate the information.
Sec. 481. Section 226.13, Code 2023, is amended to read as
follows:
226.13 Patients allowed to write.
The name and address of the administrator director shall
be kept posted in every ward in each hospital mental health
institute. Every patient shall be allowed to write once a week
what the patient pleases to said administrator the director
and to any other person. The superintendent may send letters
addressed to other parties to the administrator director for
inspection before forwarding them to the individual addressed.
-319- Sec. 482. Section 226.14, Code 2023, is amended to read as
follows:
226.14 Writing material.
Every patient shall be furnished by the superintendent or
party having charge of such person the patient, at least once
in each week, with suitable materials for writing, enclosing,
sealing, and mailing letters, if the patient requests and uses
the same materials.
Sec. 483. Section 226.15, Code 2023, is amended to read as
follows:
226.15 Letters to administrator director.
The superintendent or other officer in charge of a patient
shall, without reading the same letters, receive all letters
addressed to the administrator director, if so requested, and
shall properly mail the same letters, and deliver to such
patient all letters or other writings addressed to the patient.
Letters written to the person so confined patient may be
examined by the superintendent, and if, in the superintendent’s
opinion, the delivery of such letters would be injurious to the
person so confined patient, the superintendent shall return the
letters to the writer with the superintendent’s reasons for not
delivering them the letters.
Sec. 484. Section 226.16, Code 2023, is amended to read as
follows:
226.16 Unauthorized departure and retaking.
It shall be the duty of the The superintendent and of all
other officers and employees of any of said hospitals mental
health institute, in case of the unauthorized departure of
any involuntarily hospitalized patient, to shall exercise
all due diligence to take into protective custody and return
said the patient to the hospital mental health institute.
A notification by the superintendent of such unauthorized
departure to any peace officer of the state or to any private
person shall be sufficient authority to such officer or person
to take and return such the patient to the hospital mental
-320-health institute.
Sec. 485. Section 226.17, Code 2023, is amended to read as
follows:
226.17 Expense attending retaking.
All actual and necessary expenses incurred in the taking
into protective custody, restraint, and return to the hospital
mental health institute of the patient shall be paid on
itemized vouchers, sworn to by the claimants and approved by
the business manager and the administrator director or the
director’s designee, from any moneys in the state treasury not
otherwise appropriated.
Sec. 486. Section 226.18, Code 2023, is amended to read as
follows:
226.18 Investigation as to mental health.
The administrator director may investigate the mental
condition of any patient and shall discharge any person, if, in
the administrator’s director’s opinion, such the person is not
mentally ill, or can be cared for after such discharge without
danger to others, and with benefit to the patient; but in. In
determining whether such the patient shall be discharged, the
recommendation of the superintendent shall be secured. If the
administrator director orders the discharge of an involuntarily
hospitalized patient, the discharge shall be by the procedure
prescribed in section 229.16. The power to investigate the
mental condition of a patient is merely permissive, and does
not repeal or alter any statute respecting the discharge or
commitment of patients of the state hospitals mental health
institutes.
Sec. 487. Section 226.22, Code 2023, is amended to read as
follows:
226.22 Clothing furnished.
Upon such discharge, the business manager department shall
furnish such the person discharged, unless otherwise supplied,
with suitable clothing and a sum of money not exceeding twenty
dollars, which shall be charged with the other expenses of such
-321- the patient in the hospital mental health institute.
Sec. 488. Section 226.23, Code 2023, is amended to read as
follows:
226.23 Convalescent leave of patients.
Upon the recommendation of the superintendent and in
accordance with section 229.15, subsection 5, in the case of
an involuntary patient, the administrator director may place
the patient on convalescent leave said patient for a period not
to exceed one year, under such conditions as are prescribed by
said administrator the director.
Sec. 489. Section 226.26, Code 2023, is amended to read as
follows:
226.26 Dangerous patients.
The administrator director, on the recommendation of the
superintendent, and on the application of the relatives or
friends of a patient who is not cured and who cannot be safely
allowed to go at liberty, may release the patient when fully
satisfied that the relatives or friends will provide and
maintain all necessary supervision, care, and restraint over
the patient. If the patient being released was involuntarily
hospitalized, the consent of the district court which ordered
the patient’s hospitalization placement shall be obtained in
advance in substantially the manner prescribed by section
229.14.
Sec. 490. Section 226.27, Code 2023, is amended to read as
follows:
226.27 Patient accused or acquitted of crime or awaiting
judgment.
If a patient was committed to a state hospital mental health
institute for evaluation or treatment under chapter 812 or the
rules of criminal procedure, further proceedings shall be had
under chapter 812 or the applicable rule when the evaluation
has been completed or the patient has regained mental capacity,
as the case may be.
Sec. 491. Section 226.30, Code 2023, is amended to read as
-322-follows:
226.30 Transfer of dangerous patients.
When a patient of any hospital for persons with mental
illness health institute becomes incorrigible and unmanageable
to such an extent that the patient is dangerous to the safety
of others in the hospital institute, the administrator
director, with the consent of the director of the Iowa
department of corrections, may apply in writing to the district
court or to any judge thereof of the district court, of
the county in which the hospital institute is situated, for
an order to transfer the patient to the Iowa medical and
classification center and if the order is granted the patient
shall be so transferred. The county attorney of the county
shall appear in support of the application on behalf of the
administrator director.
Sec. 492. Section 226.32, Code 2023, is amended to read as
follows:
226.32 Overcrowded conditions.
The administrator director shall order the discharge or
removal from the hospital mental health institute of incurable
and harmless patients whenever it is necessary to make room
for recent cases. If a patient who is to be so discharged
entered the hospital mental health institute voluntarily, the
administrator director shall notify the regional administrator
for the county interested at least ten days in advance of the
day of actual discharge.
Sec. 493. Section 226.33, Code 2023, is amended to read as
follows:
226.33 Notice to court.
When a patient who was hospitalized involuntarily and who
has not fully recovered is discharged from the hospital mental
health institute by the administrator director under section
226.32, notice of the order shall at once be sent to the court
which ordered the patient’s hospitalization, in the manner
prescribed by section 229.14.
-323- Sec. 494. Section 226.40, Code 2023, is amended to read as
follows:
226.40 Emergency patients.
In case of emergency disaster, with the infliction of
numerous casualties among the civilian population, the mental
health institutes are authorized to may accept sick and wounded
persons without commitment or any other formalities.
Sec. 495. Section 226.41, Code 2023, is amended to read as
follows:
226.41 Charge permitted.
The hospital is authorized to make a mental health institute
may charge for patients admitted under section 226.40, in the
manner provided by law and subject to the changes provided in
section 226.42.
Sec. 496. Section 226.42, Code 2023, is amended to read as
follows:
226.42 Emergency powers of superintendents.
In case the mental health institutes lose contact with
the statehouse seat of government, due to enemy action or
otherwise, the superintendents of the institutes are hereby
delegated the following powers and duties may do any of the
following:
1. May collect Collect moneys due the state treasury from
the counties and from responsible persons or other relatives,
these funds to be collected monthly, instead of quarterly, and
to be deposited for use in operating the institutes.
2. The superintendent shall have the power to requisition
Requisition supplies, such as food, fuel, drugs and medical
equipment, from any source available, in the name of the state,
with the power to and enter into contracts binding the state
for payment at an indefinite future time.
3. The superintendent shall be authorized to employ Employ
personnel in all categories and for whatever remuneration the
superintendent deems necessary, without regard to existing
laws, rules, or regulations, in order to permit the institute
-324-to continue its old existing functions, as well as and meet its
additional responsibilities.
Sec. 497. Section 226.43, Code 2023, is amended to read as
follows:
226.43 Fund created.
There is hereby established at each hospital mental health
institute a fund known as the “patients’ personal deposit
fund”.
Sec. 498. Section 226.44, Code 2023, is amended to read as
follows:
226.44 Deposits.
Any funds, including social security benefits, coming into
the possession of the superintendent or any employee of the
hospital mental health institute belonging to any patient in
that hospital mental health institute, shall be deposited in
the name of that patient in the patients’ personal deposit
fund, except that if a guardian of the property of that patient
has been appointed, the guardian shall have the right to demand
and receive such funds. Funds belonging to a patient deposited
in the patients’ personal deposit fund may be used for the
purchase of personal incidentals, desires and comforts for the
patient.
Sec. 499. Section 226.45, Code 2023, is amended to read as
follows:
226.45 Reimbursement to county or state.
If a patient is not receiving medical assistance under
chapter 249A and the amount in the account of any patient
in the patients’ personal deposit fund exceeds two hundred
dollars, the business manager of the hospital mental health
institute may apply any of the excess to reimburse the county
of residence or the state when the patient is a resident in
another state or in a foreign country, or when the patient’s
residence is unknown, for liability incurred by the county or
the state for the payment of care, support, and maintenance of
the patient, when billed by the county of residence or by the
-325-administrator when the patient is a resident in another state
or in a foreign country, or when the patient’s residence is
unknown department.
Sec. 500. Section 226.46, Code 2023, is amended to read as
follows:
226.46 Deposit of fund.
The business manager department shall deposit the patients’
personal deposit fund in a commercial account of a bank of
reputable standing. When deposits in the commercial account
exceed average monthly withdrawals, the business manager
department may deposit the excess at interest. The savings
account shall be in the name of the patients’ personal deposit
fund and interest paid thereon on the account may be used for
recreational purposes at the hospital mental health institute.
Sec. 501. Section 227.1, Code 2023, is amended to read as
follows:
227.1 Definitions — supervision.
1. For the purposes of this chapter, unless the context
otherwise requires:
a. “Administrator” means the person assigned by the director
of human services in the appropriate division of the department
to administer mental health and disability services. “County
care facility” means a county care facility operated under
chapter 347B.
b. “Department” means the department of health and human
services.
c. “Director” means the director of health and human
services.
d. “Facility” includes a county care facility and a private
or county facility, including a hospital, for persons with
mental illness or an intellectual disability.
c. e. “Mental health and disability services region” means
a mental health and disability services region formed in
accordance with section 331.389.
f. “Patient” means a person receiving care in a facility or
-326-a state mental health institute.
d. g. “Regional administrator” means the regional
administrator of a mental health and disability services
region, same as defined in section 331.388.
h. “Resident” means a person cared for in a county care
facility.
2. The regulatory requirements for county and private
institutions facilities where persons with mental illness or
an intellectual disability are admitted, committed, or placed
shall be administered by the administrator department.
Sec. 502. Section 227.2, Code 2023, is amended to read as
follows:
227.2 Inspection.
1. The director of inspections, and appeals, and licensing
shall make, or cause to be made, at least one licensure
inspection each year of every county care facility. Either
the administrator of the division director or the director of
the department of inspections, and appeals, and licensing, in
cooperation with each other, upon receipt of a complaint or for
good cause, may make, or cause to be made, a review of a county
care facility or of any other private or county institution
facility where persons with mental illness or an intellectual
disability are admitted or reside. A licensure inspection
or a review shall be made by a competent and disinterested
person who is acquainted with and interested in the care of
persons with mental illness and persons with an intellectual
disability. The objective of a licensure inspection or a
review shall be an evaluation of the programming and treatment
provided by the facility. After each licensure inspection of
a county care facility, the person who made the inspection
shall consult with the regional administrator for the county
in which the facility is located on plans and practices that
will improve the care given patients residents. The person
shall also make recommendations to the administrator of the
division and the director of public health for coordinating
-327-and improving the relationships between the administrators of
county care facilities, the administrator of the division,
the director of public health, the superintendents of state
mental health institutes and resource centers, community
mental health centers, mental health and disability services
regions, and other cooperating agencies, to cause improved
and more satisfactory care of patients. A written report of
each licensure inspection of a county care facility under this
section shall be filed by the person with the administrator of
the division and the director of public health department and
shall include:
a. The capacity of the institution facility for the care of
residents.
b. The number, sex, ages, and primary diagnoses of the
residents.
c. The care of residents, their food, clothing, treatment
plan, employment, and opportunity for recreational activities
and for productive work intended primarily as therapeutic
activity.
d. The number, job classification, sex, duties, and salaries
of all employees.
e. The cost to the state or county of maintaining residents
in a county care facility.
f. The recommendations given to and received from the
regional administrator on methods and practices that will
improve the conditions under which the county care facility is
operated.
g. Any failure to comply with standards adopted under
section 227.4 for care of persons with mental illness and
persons with an intellectual disability in county care
facilities, which is not covered in information submitted
pursuant to paragraphs “a” through “f”, and any other matters
which the director of public health, in consultation with the
administrator of the division, may require.
2. A copy of the written report prescribed by subsection 1
-328-shall be furnished to the county board of supervisors, to the
regional administrator for the county, to the administrator
of the county care facility inspected and to its certified
volunteer long-term care ombudsman, and to the department on
aging.
3. The department of inspections, and appeals, and
licensing shall inform the administrator of the division
department of an action by the department of inspections,
appeals, and licensing to suspend, revoke, or deny renewal of a
license issued by the department of inspections, and appeals,
and licensing to a county care facility, and the reasons for
the action.
4. In addition to the licensure inspections required or
authorized by this section, the administrator of the division
department shall cause to be made an evaluation of each person
cared for in a county care facility at least once each year by
one or more qualified mental health, intellectual disability,
or medical professionals, whichever is appropriate.
a. It is the responsibility of the state to secure the
annual evaluation for each person who is on convalescent leave
or who has not been discharged from a state mental health
institute. It is the responsibility of the county to secure
the annual evaluation for all other persons with mental illness
in the county care facility.
b. It is the responsibility of the state to secure the
annual evaluation for each person who is on leave and has
not been discharged from a state resource center. It is the
responsibility of the county to secure the annual evaluation
for all other persons with an intellectual disability in the
county care facility.
c. It is the responsibility of the county to secure an
annual evaluation of each resident of a county care facility to
whom neither paragraph “a” nor paragraph “b” is applicable.
5. The evaluations required by subsection 4 shall include
an examination of each person which shall reveal the person’s
-329-condition of mental and physical health and the likelihood
of improvement or discharge and other recommendations
concerning the care of those persons as the evaluator deems
pertinent. One copy of the evaluation shall be filed with the
administrator of the division department and one copy shall be
filed with the administrator of the county care facility.
Sec. 503. Section 227.3, Code 2023, is amended to read as
follows:
227.3 Residents to have hearing Resident and patient input.
The inspector conducting any licensure inspection or review
under section 227.2 shall give each resident or patient an
opportunity to converse with the inspector out of the hearing
of any officer or employee of the institution facility, and
shall fully investigate all complaints and report the result in
writing to the administrator of the division department. The
administrator department before acting on the report adversely
to the institution facility, shall give the persons in charge a
copy of the report and an opportunity to be heard.
Sec. 504. Section 227.4, Code 2023, is amended to read as
follows:
227.4 Standards for care of persons with mental illness or an
intellectual disability in county care facilities.
The administrator department, in cooperation with the
department of inspections and appeals, shall recommend
and the mental health and disability services commission
created in section 225C.5 shall adopt, or amend and adopt,
standards for the care of and services to persons with
mental illness or an intellectual disability residing in
county care facilities. The standards shall be enforced by
the department of inspections and appeals as a part of the
licensure inspection conducted pursuant to chapter 135C. The
objective of the standards is to ensure that persons with
mental illness or an intellectual disability who are residents
of county care facilities are not only adequately fed, clothed,
and housed, but are also offered reasonable opportunities for
-330-productive work and recreational activities suited to their
physical and mental abilities and offering both a constructive
outlet for their energies and, if possible, therapeutic
benefit. When recommending standards under this section, the
administrator department shall designate an advisory committee
representing administrators of county care facilities, regional
administrators, mental health and disability services region
governing boards, and county care facility certified volunteer
long-term care ombudsmen to assist in the establishment of
standards.
Sec. 505. Section 227.6, Code 2023, is amended to read as
follows:
227.6 Removal of residents or patients.
If a county care facility fails to comply with rules and
standards adopted under this chapter, the administrator
department may remove all persons with mental illness and
all persons with an intellectual disability cared for in
the county care facility at public expense, to the proper
state mental health institute or resource center, or to
some private or county institution or hospital facility for
the care of persons with mental illness or an intellectual
disability that has complied with the rules prescribed by
the administrator department. Residents being transferred
to a state mental health institute or resource center shall
be accompanied by an attendant or attendants sent from the
institute or resource center. If a resident is transferred
under this section, at least one attendant shall be of the
same sex. If the administrator department finds that the
needs of residents patients with mental illness and residents
patients with an intellectual disability of any other county
or private institution facility are not being adequately met,
those residents patients may be removed from that institution
facility upon order of the administrator department.
Sec. 506. Section 227.7, Code 2023, is amended to read as
follows:
-331- 227.7 Cost — collection from county.
The cost of such removal, including all expenses of said
the attendant, shall be certified by the superintendent of the
hospital facility receiving the patient, to the director of
the department of administrative services, who shall draw a
warrant upon the treasurer of state for said sum the amount,
which shall be credited to the support fund of said hospital
the facility and charged against the general revenues of the
state and collected by the director of the department of
administrative services from the county which sent said the
patient to said institution the facility.
Sec. 507. Section 227.8, Code 2023, is amended to read as
follows:
227.8 Notification to guardians.
The administrator department shall notify the guardian,
or one or more of the relatives, of patients kept at private
expense, of all violations of said the rules by said the
private or county institutions facilities, and of the action of
the administrator department as to all other patients.
Sec. 508. Section 227.9, Code 2023, is amended to read as
follows:
227.9 Investigating mental health.
Should When the administrator believe department determines
that any person in any such county or private institution
facility is in good mental health, or illegally restrained
of liberty, the administrator department shall institute and
prosecute proceedings in the name of the state, before the
proper officer, board, or court, for the discharge of such the
person.
Sec. 509. Section 227.10, Code 2023, is amended to read as
follows:
227.10 Transfers from county or private institutions
facilities.
Patients who have been admitted at public expense to any
institution facility to which this chapter is applicable may
-332-be involuntarily transferred to the proper state hospital for
persons with mental illness health institute in the manner
prescribed by sections 229.6 through 229.13. The application
required by section 229.6 may be filed by the administrator
of the division director or the administrator’s director’s
designee, or by the administrator of the institution facility
where the patient is then being maintained or treated.
If the patient was admitted to that institution facility
involuntarily, the administrator of the division department
may arrange and complete the transfer, and shall report it
as required of a chief medical officer under section 229.15,
subsection 5. The transfer shall be made at the mental health
and disability services region’s expense, and the expense
recovered, as provided in section 227.7. However, transfer
under this section of a patient whose expenses are payable
in whole or in part by the mental health and disability
services region is subject to an authorization for the transfer
through the regional administrator for the patient’s county of
residence.
Sec. 510. Section 227.11, Code 2023, is amended to read as
follows:
227.11 Transfers from state hospitals mental health
institutes.
A regional administrator for the county chargeable with
the expense of a patient in a state hospital for persons with
mental illness health institute shall transfer the patient
to a county or private institution facility for persons with
mental illness that is in compliance with the applicable
rules when the administrator of the division director or the
administrator’s director’s designee orders the transfer on a
finding that the patient is suffering from a serious mental
illness and will receive equal benefit by being so transferred.
A mental health and disability services region shall transfer
to a county care facility any patient in a state hospital for
persons with mental illness health institute upon request
-333-of the superintendent of the state hospital mental health
institute in which the patient is confined pursuant to the
superintendent’s authority under section 229.15, subsection 5,
and approval by the regional administrator for the county of
the patient’s residence. In no case shall a patient be thus
transferred except upon compliance with section 229.14A or
without the written consent of a relative, friend, or guardian
if such relative, friend, or guardian pays the expense of
the care of such patient in a state hospital mental health
institute. Patients transferred to a public or private
facility under this section may subsequently be placed on
convalescent or limited leave or transferred to a different
facility for continued full-time custody, care, and treatment
when, in the opinion of the attending physician or the chief
medical officer of the hospital facility from which the patient
was so transferred, the best interest of the patient would be
served by such the leave or transfer. For any patient who is
involuntarily committed, any transfer made under this section
is subject to the placement hearing requirements of section
229.14A.
Sec. 511. Section 227.12, Code 2023, is amended to read as
follows:
227.12 Difference of opinion.
When a difference of opinion exists between the
administrator of the division director and the authorities in
charge of any private or county hospital facility in regard to
the transfer of a patient as provided in sections 227.10 and
227.11, the matter shall be submitted to the district court
of the county in which such hospital the facility is situated
and shall be summarily tried as an equitable action, and the
judgment of the district court shall be final.
Sec. 512. Section 227.13, Code 2023, is amended to read as
follows:
227.13 Discharge of transferred patient.
Patients transferred from a state hospital mental health
-334-institute to such county or private institutions facilities
shall not be discharged, when not cured, without the consent of
the administrator of the division director.
Sec. 513. Section 227.14, Code 2023, is amended to read as
follows:
227.14 Caring for persons with mental illness from other
counties.
The regional administrator for a county that does not have
proper facilities for caring for persons with mental illness
may, with the consent of the administrator of the division
department, provide for such care at the expense of the mental
health and disability services region in any convenient and
proper county or private institution facility for persons with
mental illness which is willing to receive the persons.
Sec. 514. Section 227.15, Code 2023, is amended to read as
follows:
227.15 Authority to involuntarily confine in hospital.
No A person shall not be involuntarily confined and
restrained in any private institution or hospital or county
hospital facility or other general hospital with a psychiatric
ward for the care or treatment of persons with mental illness,
except by the procedure prescribed in sections 229.6 through
229.15.
Sec. 515. Section 229.1, Code 2023, is amended to read as
follows:
229.1 Definitions.
As used in this chapter, unless the context clearly requires
otherwise:
1. “Administrator” means the administrator of the department
of human services assigned, in accordance with section
218.1, to control the state mental health institutes, or that
administrator’s designee.
2. 1. “Advocate” means a mental health advocate.
3. 2. “Auditor” means the county auditor or the auditor’s
designee.
-335- 4. 3. “Chemotherapy” means treatment of an individual by
use of a drug or substance which cannot legally be delivered
or administered to the ultimate user without a physician’s
prescription or medical order.
5. 4. “Chief medical officer” means the medical director in
charge of a public or private hospital, or that individual’s
physician-designee. This chapter does not negate the authority
otherwise reposed by law in the respective superintendents
of each of the state hospitals for persons with mental
illness health institutes, established by chapter 226, to
make decisions regarding the appropriateness of admissions or
discharges of patients of that hospital, state mental health
institute; however, it is the intent of this chapter that if
the superintendent is not a licensed physician the decisions by
the superintendent shall be corroborated by the chief medical
officer of the hospital mental health institute.
6. 5. “Clerk” means the clerk of the district court.
6. “Department” means the department of health and human
services.
7. “Director” means the director of health and human
services.
7. 8. “Hospital” means either a public hospital or a
private hospital.
8. 9. “Licensed physician” means an individual licensed
under the provisions of chapter 148 to practice medicine and
surgery or osteopathic medicine and surgery.
9. 10. “Magistrate” means the same as defined in section
801.4, subsection 10.
10. 11. “Mental health and disability services region”
means a mental health and disability services region formed in
accordance with section 331.389.
11. 12. “Mental health professional” means the same as
defined in section 228.1.
12. 13. “Mental illness” means every type of mental
disease or mental disorder, except that it does not refer to
-336-an intellectual disability as defined in section 4.1, or to
insanity, diminished responsibility, or mental incompetency as
the terms are defined and used in the Iowa criminal code or in
the rules of criminal procedure, Iowa court rules.
13. 14. “Patient” means a person who has been hospitalized
or ordered hospitalized to receive treatment pursuant to
section 229.14.
14. 15. “Private hospital” means any hospital or
institution facility not directly supported by public funds, or
a part thereof of such hospital or facility, which is equipped
and staffed to provide inpatient care to persons with mental
illness.
15. 16. “Psychiatric advanced registered nurse practitioner”
means an individual currently licensed as a registered nurse
under chapter 152 or 152E who holds a national certification in
psychiatric mental health care and who is licensed by the board
of nursing as an advanced registered nurse practitioner.
16. 17. “Public hospital” means any of the following:
a. A state mental health institute established by chapter
226; or.
b. The state psychiatric hospital established by chapter
225; or.
c. Any other publicly supported hospital or institution
facility, or part of such hospital or institution facility,
which is equipped and staffed to provide inpatient care to
persons with mental illness, except the Iowa medical and
classification center established by chapter 904.
17. 18. “Region” means a mental health and disability
services region formed in accordance with section 331.389.
18. 19. “Regional administrator” means the regional
administrator of a mental health and disability services
region, same as defined in section 331.388.
19. 20. “Respondent” means any person against whom an
application has been filed under section 229.6, but who has not
been finally ordered committed for full-time custody, care, and
-337-treatment in a hospital.
20. 21. “Serious emotional injury” is an injury which does
not necessarily exhibit any physical characteristics, but which
can be recognized and diagnosed by a licensed physician or
other mental health professional and which can be causally
connected with the act or omission of a person who is, or is
alleged to be, mentally ill.
21. 22. “Seriously mentally impaired” or “serious mental
impairment” describes the condition of a person with mental
illness and because of that illness lacks sufficient judgment
to make responsible decisions with respect to the person’s
hospitalization or treatment, and who because of that illness
meets any of the following criteria:
a. Is likely to physically injure the person’s self or
others if allowed to remain at liberty without treatment.
b. Is likely to inflict serious emotional injury on
members of the person’s family or others who lack reasonable
opportunity to avoid contact with the person with mental
illness if the person with mental illness is allowed to remain
at liberty without treatment.
c. Is unable to satisfy the person’s needs for nourishment,
clothing, essential medical care, or shelter so that it is
likely that the person will suffer physical injury, physical
debilitation, or death.
d. Has a history of lack of compliance with treatment and
any of the following apply applies:
(1) Lack of compliance has been a significant factor in the
need for emergency hospitalization.
(2) Lack of compliance has resulted in one or more acts
causing serious physical injury to the person’s self or others
or an attempt to physically injure the person’s self or others.
Sec. 516. Section 229.2, subsection 1, paragraph b,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Upon receipt of an application for voluntary admission
-338-of a minor, the chief medical officer shall provide separate
prescreening interviews and consultations with the parent,
guardian, or custodian and the minor to assess the family
environment and the appropriateness of the application for
admission.
(2) During the interview and consultation the chief medical
officer shall inform the minor orally and in writing that the
minor has a right to object to the admission. If the chief
medical officer of the hospital to which application is made
determines that the admission is appropriate but the minor
objects to the admission, the parent, guardian, or custodian
must petition the juvenile court for approval of the admission
before the minor is actually admitted.
Sec. 517. Section 229.4, Code 2023, is amended to read as
follows:
229.4 Right to release on application.
A voluntary patient who requests release or whose release
is requested, in writing, by the patient’s legal guardian,
parent, spouse, or adult next of kin shall be released from the
hospital forthwith, except that in accordance with all of the
following, as applicable:
1. If the patient was admitted on the patient’s own
application and the request for release is made by some other
person, release may be conditioned upon the agreement of the
patient.
2. If the patient is a minor who was admitted on the
application of the patient’s parent, guardian, or custodian
pursuant to section 229.2, subsection 1, the patient’s release
prior to becoming eighteen years of age may be conditioned upon
the consent of the parent, guardian, or custodian, or upon the
approval of the juvenile court if the admission was approved by
the juvenile court; and.
3. If the chief medical officer of the hospital, not later
than the end of the next secular day on which the office of
the clerk of the district court for the county in which the
-339-hospital is located is open and which follows the submission
of the written request for release of the patient, files with
that clerk a certification that in the chief medical officer’s
opinion the patient is seriously mentally impaired, the release
may be postponed for the period of time the court determines
is necessary to permit commencement of judicial procedure
for involuntary hospitalization. That period of time may
not exceed five days, exclusive of days on which the clerk’s
office is not open unless the period of time is extended by
order of a district court judge for good cause shown. Until
disposition of the application for involuntary hospitalization
of the patient is determined, if one an application is timely
filed, the chief medical officer may detain the patient in
the hospital and may provide treatment which is necessary
to preserve the patient’s life, or to appropriately control
behavior by the patient which is likely to result in physical
injury to the patient or to others if allowed to continue, but
may not otherwise provide treatment to the patient without the
patient’s consent.
Sec. 518. Section 229.6, subsection 1, Code 2023, is amended
to read as follows:
1. Proceedings for the involuntary hospitalization of an
individual pursuant to this chapter or for the involuntary
commitment or treatment of a person with a substance-related
substance use disorder to a facility pursuant to chapter
125 may be commenced by any interested person by filing a
verified application with the clerk of the district court of
the county where the respondent is presently located, or which
is the respondent’s place of residence. The clerk, or the
clerk’s designee, shall assist the applicant in completing the
application.
Sec. 519. Section 229.6, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) A substance-related substance use disorder as defined
in section 125.2.
-340- Sec. 520. Section 229.8, Code 2023, is amended to read as
follows:
229.8 Procedure after application is filed.
As soon as practicable after the filing of an application
pursuant to section 229.6, the court shall do all of the
following:
1. Determine whether the respondent has an attorney
who is able and willing to represent the respondent in the
hospitalization proceeding, and if not, whether the respondent
is financially able to employ an attorney and capable of
meaningfully assisting in selecting one. In accordance with
those determinations, the court shall if necessary allow the
respondent to select, or shall assign to the respondent, an
attorney. If the respondent is financially unable to pay an
attorney, the attorney shall be compensated by the mental
health and disability services region at an hourly rate to be
established by the regional administrator for the county in
which the proceeding is held in substantially the same manner
as provided in section 815.7.
2. Cause copies of the application and supporting
documentation to be sent to the county attorney or the county
attorney’s attorney-designate for review.
3. Issue a written order which shall provide for all of the
following:
a. If not previously done, set a time and place for a
hospitalization hearing, which shall be at the earliest
practicable time not less than forty-eight hours after notice
to the respondent, unless the respondent waives such minimum
prior notice requirement; and.
b. Order an examination of the respondent, prior to
the hearing, by one or more licensed physicians or mental
health professionals who shall submit a written report on the
examination to the court as required by section 229.10.
Sec. 521. Section 229.11, subsection 1, Code 2023, is
amended to read as follows:
-341- 1. If the applicant requests that the respondent be taken
into immediate custody and the judge, upon reviewing the
application and accompanying documentation, finds probable
cause to believe that the respondent has a serious mental
impairment and is likely to injure the respondent or other
persons if allowed to remain at liberty, the judge may enter
a written order directing that the respondent be taken into
immediate custody by the sheriff or the sheriff’s deputy
and be detained until the hospitalization hearing. The
hospitalization hearing shall be held no more than five days
after the date of the order, except that if the fifth day after
the date of the order is a Saturday, Sunday, or a holiday, the
hearing may be held on the next succeeding business day. If
the expenses of a respondent are payable in whole or in part by
a mental health and disability services region, for a placement
in accordance with paragraph “a”, the judge shall give notice of
the placement to the regional administrator for the county in
which the court is located, and for a placement in accordance
with paragraph “b” or “c”, the judge shall order the placement
in a hospital or facility designated through the regional
administrator. The judge may order the respondent detained for
the period of time until the hearing is held, and no longer,
in accordance with paragraph “a”, if possible, and if not then
in accordance with paragraph “b”, or, only if neither of these
alternatives is available, in accordance with paragraph “c”.
Detention may be in any of the following:
a. In the custody of a relative, friend, or other suitable
person who is willing to accept responsibility for supervision
of the respondent, and the respondent may be placed under
such reasonable restrictions as the judge may order including
but not limited to restrictions on or a prohibition of any
expenditure, encumbrance, or disposition of the respondent’s
funds or property; or.
b. In a suitable hospital the chief medical officer of
which shall be informed of the reasons why immediate custody
-342-has been ordered and may provide treatment which is necessary
to preserve the respondent’s life, or to appropriately control
behavior by the respondent which is likely to result in
physical injury to the respondent or to others if allowed
to continue, but may not otherwise provide treatment to the
respondent without the respondent’s consent; or.
c. In the nearest facility in the community which is
licensed to care for persons with mental illness or substance
abuse use disorder, provided that detention in a jail or other
facility intended for confinement of those accused or convicted
of crime shall not be ordered.
Sec. 522. Section 229.13, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The court shall order any other respondent placed under
the care of an appropriate hospital or facility licensed to
care for persons with mental illness or substance abuse use
disorder on an inpatient or outpatient basis.
Sec. 523. Section 229.15, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. When a patient has been placed in an alternative facility
other than a hospital pursuant to a report issued under section
229.14, subsection 1, paragraph “d”, a report on the patient’s
condition and prognosis shall be made to the court which placed
the patient, at least once every six months, unless the court
authorizes annual reports. If an evaluation of the patient is
performed pursuant to section 227.2, subsection 4, a copy of
the evaluation report shall be submitted to the court within
fifteen days of the evaluation’s completion. The court may
in its discretion waive the requirement of an additional
report between the annual evaluations. If the administrator
department exercises the authority to remove residents or
patients from a county care facility or other county or private
institution facility under section 227.6, the administrator
department shall promptly notify each court which placed in
that facility any resident so or patient removed.
-343- 5. a. When in the opinion of the chief medical officer the
best interest of a patient would be served by a convalescent
or limited leave, the chief medical officer may authorize the
leave and, if authorized, shall promptly report the leave to
the court. When in the opinion of the chief medical officer
the best interest of a patient would be served by a transfer
to a different hospital for continued full-time custody, care,
and treatment, the chief medical officer shall promptly send
a report to the court. The court shall act upon the report in
accordance with section 229.14A.
b. This subsection shall not be construed to add to or
restrict the authority otherwise provided by law for transfer
of patients or residents among various state institutions
administered by the department of human services. If a patient
is transferred under this subsection, the treatment provider to
whom the patient is transferred shall be provided with copies
of relevant court orders by the former treatment provider.
Sec. 524. Section 229.19, subsection 1, paragraphs a and e,
Code 2023, are amended to read as follows:
a. In each county the board of supervisors shall appoint
an individual who has demonstrated by prior activities an
informed concern for the welfare and rehabilitation of persons
with mental illness, and who is not an officer or employee
of the department of human services, an officer or employee
of a region, an officer or employee of a county performing
duties for a region, or an officer or employee of any agency
or facility providing care or treatment to persons with mental
illness, to act as an advocate representing the interests of
patients involuntarily hospitalized by the court, in any matter
relating to the patients’ hospitalization or treatment under
section 229.14 or 229.15.
e. An advocate may also be assigned pursuant to this section
for an individual who has been diagnosed with a co-occurring
mental illness and substance-related substance use disorder.
Sec. 525. Section 229.21, Code 2023, is amended to read as
-344-follows:
229.21 Judicial hospitalization referee — appeals to
district court.
1. The chief judge of each judicial district may appoint
at least one judicial hospitalization referee for each county
within the district. The judicial hospitalization referee
shall be an attorney, licensed to practice law in this state,
who shall be chosen with consideration to any training,
experience, interest, or combination of those factors, which
are pertinent to the duties of the office. The referee
shall hold office at the pleasure of the chief judge of the
judicial district and receive compensation at a rate fixed by
the supreme court. If the referee expects to be absent for
any significant length of time, the referee shall inform the
chief judge who may appoint a temporary substitute judicial
hospitalization referee having the qualifications set forth in
this subsection.
2. When an application for involuntary hospitalization
under section 229.6 or for involuntary commitment or treatment
of persons with substance-related disorders a substance
use disorder under section 125.75 is filed with the clerk
of the district court in any county for which a judicial
hospitalization referee has been appointed, and no district
judge, district associate judge, or magistrate who is admitted
to the practice of law in this state is accessible, the clerk
shall immediately notify the referee in the manner required by
section 229.7 or section 125.77. The referee shall discharge
all of the duties imposed upon the court by sections 229.7
through 229.19, this section, and section 229.22 or sections
125.75 through 125.94 in the proceeding so initiated. Subject
to the provisions of subsection 4, orders issued by a referee,
in discharge of duties imposed under this section, shall have
the same force and effect as if ordered by a district judge.
However, any commitment to a facility regulated and operated
under chapter 135C shall be in accordance with section 135C.23.
-345- 3. a. Any respondent with respect to whom the magistrate
or judicial hospitalization referee has found the contention
that the respondent is seriously mentally impaired or a person
with a substance-related substance use disorder sustained by
clear and convincing evidence presented at a hearing held
under section 229.12 or section 125.82, may appeal from the
magistrate’s or referee’s finding to a judge of the district
court by giving the clerk notice in writing, within ten days
after the magistrate’s or referee’s finding is made, that an
appeal is taken. The appeal may be signed by the respondent or
by the respondent’s next friend, guardian, or attorney.
b. An order of a magistrate or judicial hospitalization
referee with a finding that the respondent is seriously
mentally impaired or a person with a substance-related
substance use disorder shall include the following notice,
located conspicuously on the face of the order:
NOTE: The respondent may appeal from this order to a judge of
the district court by giving written notice of the appeal to
the clerk of the district court within ten days after the date
of this order. The appeal may be signed by the respondent or
by the respondent’s next friend, guardian, or attorney. For a
more complete description of the respondent’s appeal rights,
consult section 229.21 of the Code of Iowa or an attorney.
c. When appealed, the matter shall stand for trial de novo.
Upon appeal, the court shall schedule a hospitalization or
commitment hearing before a district judge at the earliest
practicable time.
d. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has held a placement hearing
and has entered a placement order may appeal the order to a
judge of the district court. The request for appeal must be
given to the clerk in writing within ten days of the entry of
the magistrate’s or referee’s order. The request for appeal
shall be signed by the respondent, or the respondent’s next
friend, guardian, or attorney.
-346- 4. If the appellant is in custody under the jurisdiction
of the district court at the time of service of the notice of
appeal, the appellant shall be discharged from custody unless
an order that the appellant be taken into immediate custody has
previously been issued under section 229.11 or section 125.81,
in which case the appellant shall be detained as provided in
that section until the hospitalization or commitment hearing
before the district judge. If the appellant is in the custody
of a hospital or facility at the time of service of the notice
of appeal, the appellant shall be discharged from custody
pending disposition of the appeal unless the chief medical
officer, not later than the end of the next secular day on
which the office of the clerk is open and which follows service
of the notice of appeal, files with the clerk a certification
that in the chief medical officer’s opinion the appellant is
seriously mentally ill or a person with a substance-related
substance use disorder. In that case, the appellant shall
remain in custody of the hospital or facility until the
hospitalization or commitment hearing before the district
court.
5. The hospitalization or commitment hearing before the
district judge shall be held, and the judge’s finding shall
be made and an appropriate order entered, as prescribed by
sections 229.12 and 229.13 or sections 125.82 and 125.83.
If the judge orders the appellant hospitalized or committed
for a complete psychiatric or substance abuse use disorder
evaluation, jurisdiction of the matter shall revert to the
judicial hospitalization referee.
Sec. 526. Section 229.23, subsection 3, Code 2023, is
amended to read as follows:
3. In addition to protection of the person’s constitutional
rights, enjoyment of other legal, medical, religious, social,
political, personal and working rights and privileges which
the person would enjoy if the person were not so hospitalized
or detained, so far as is possible consistent with effective
-347-treatment of that person and of the other patients of the
hospital. If the patient’s rights are restricted, the
physician’s or mental health professional’s direction to
that effect shall be noted on the patient’s record. The
department of human services shall, in accordance with chapter
17A establish rules setting forth the specific rights and
privileges to which persons so hospitalized or detained are
entitled under this section, and the exceptions provided by
section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
be applicable to the rules so established. The patient or the
patient’s next of kin or friend shall be advised of these rules
and be provided a written copy upon the patient’s admission to
or arrival at the hospital.
Sec. 527. Section 229.24, subsection 1, Code 2023, is
amended to read as follows:
1. All papers and records pertaining to any involuntary
hospitalization or application pursuant to section 229.6 of any
person under this chapter, whether part of the permanent record
of the court or of a file in the department of human services,
are subject to inspection only upon an order of the court for
good cause shown.
Sec. 528. Section 229.26, Code 2023, is amended to read as
follows:
229.26 Exclusive procedure for involuntary hospitalization.
Sections 229.6 through 229.19 constitute the exclusive
procedure for involuntary hospitalization of persons by reason
of serious mental impairment in this state, except that this
chapter does not negate the provisions of section 904.503
relating to transfer of prisoners with mental illness to state
hospitals for persons with mental illness health institutes and
does not apply to commitments of persons under chapter 812 or
the rules of criminal procedure, Iowa court rules, or negate
the provisions of section 232.51 relating to disposition of
children with mental illness.
Sec. 529. Section 229.27, subsection 3, Code 2023, is
-348-amended to read as follows:
3. A hearing limited to the question of the person’s
competence and conducted in substantially the manner prescribed
in sections 633.552, 633.556, 633.558, and 633.560 shall be
held when any of the following circumstances applies:
a. The court is petitioned or proposes upon its own motion
to find incompetent by reason of mental illness a person whose
involuntary hospitalization has been ordered under section
229.13 or 229.14, and who contends that the person is not
incompetent; or.
b. A person previously found incompetent by reason of mental
illness under subsection 2 petitions the court for a finding
that the person is no longer incompetent and, after notice to
the applicant who initiated the petition for hospitalization
of the person and to any other party as directed by the court,
an objection is filed with the court. The court may order a
hearing on its own motion before acting on a petition filed
under this paragraph. A petition by a person for a finding
that the person is no longer incompetent may be filed at any
time without regard to whether the person is at that time
hospitalized for treatment of mental illness.
Sec. 530. Section 229.41, Code 2023, is amended to read as
follows:
229.41 Voluntary admission — state mental health institute.
Persons making application pursuant to section 229.2 on
their own behalf or on behalf of another person who is under
eighteen years of age, if the person whose admission is sought
is received for observation and treatment on the application,
shall be required to pay the costs of hospitalization at rates
established by the administrator department. The costs may
be collected weekly in advance and shall be payable at to the
business office of the hospital state mental health institute.
The collections shall be remitted to the department of human
services monthly to be credited to the general fund of the
state.
-349- Sec. 531. Section 229.42, Code 2023, is amended to read as
follows:
229.42 Costs paid by county — state mental health institute.
1. If a person wishing to make application for voluntary
admission to a state mental hospital established by chapter 226
health institute is unable to pay the costs of hospitalization
or those responsible for the person are unable to pay the
costs, application for authorization of voluntary admission
must be made through a regional administrator before
application for admission is made to the hospital state mental
health institute. The person’s county of residence shall
be determined through the regional administrator and if the
admission is approved through the regional administrator, the
person’s admission to a state mental health hospital institute
shall be authorized as a voluntary case. The authorization
shall be issued on forms provided by the department of human
services’ administrator. The costs of the hospitalization
shall be paid by the county of residence through the regional
administrator to the department of human services and credited
to the general fund of the state, provided that the state
mental health hospital institute rendering the services has
certified to the county auditor of the county of residence and
the regional administrator the amount chargeable to the mental
health and disability services region and has sent a duplicate
statement of the charges to the department of human services.
A mental health and disability services region shall not be
billed for the cost of a patient unless the patient’s admission
is authorized through the regional administrator. The state
mental health institute and the regional administrator shall
work together to locate appropriate alternative placements
and services, and to educate patients and family members of
patients regarding such alternatives.
2. All the provisions of chapter 230 shall apply to such the
voluntary patients so far as is to the extent applicable.
3. The provisions of this section and of section 229.41
-350-shall apply to all voluntary inpatients or outpatients
receiving mental health services either away from or at the
institution state mental health institute.
4. If a county fails to pay the billed charges within
forty-five days from the date the county auditor received the
certification statement from the superintendent, the department
of human services shall charge the delinquent county the
penalty of one percent per month on and after forty-five days
from the date the county received the certification statement
until paid. The penalties received shall be credited to the
general fund of the state.
Sec. 532. Section 229.43, Code 2023, is amended to read as
follows:
229.43 Nonresident patients — state mental health
institutes.
The administrator department may place patients of state
mental health institutes who are nonresidents on convalescent
leave to a private sponsor or in a health care facility
licensed under chapter 135C, when in the opinion of the
administrator director the placement is in the best interests
of the patient and the state of Iowa. If the patient was
involuntarily hospitalized, the district court which ordered
hospitalization of the patient must shall be informed when the
patient is placed on convalescent leave, as required by section
229.15, subsection 5.
Sec. 533. Section 229.45, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of human services, in consultation with
the office of attorney general, shall develop a summary of
the procedures involved in an involuntary commitment and
information concerning the participation of an applicant in the
proceedings. The summary shall be provided by the department,
at the department’s expense, to the clerks of the district
court who shall make the summary available to all applicants
prior to the filing of a verified application, or to any other
-351-person upon request, and who shall attach a copy of the summary
to the notice of hearing which is served upon the respondent
under section 125.77 or 229.7. The summary may include, but is
not limited to, the following:
Sec. 534. Section 229A.2, Code 2023, is amended to read as
follows:
229A.2 Definitions.
As used in this chapter:
1. “Agency with jurisdiction” means an agency which has
custody of or releases a person serving a sentence or term
of confinement or is otherwise in confinement based upon a
lawful order or authority, and includes but is not limited to
the department of corrections, the department of health and
human services, a judicial district department of correctional
services, and the Iowa board of parole.
2. “Appropriate secure facility” means a state facility that
is designed to confine but not necessarily to treat a sexually
violent predator.
3. “Convicted” means found guilty of, pleads guilty
to, or is sentenced or adjudicated delinquent for an act
which is an indictable offense in this state or in another
jurisdiction including in a federal, military, tribal, or
foreign court, including but not limited to a juvenile who has
been adjudicated delinquent, whether or not the juvenile court
records have been sealed under section 232.150, and a person
who has received a deferred sentence or a deferred judgment
or has been acquitted by reason of insanity. “Convicted”
includes the conviction of a juvenile prosecuted as an adult.
“Convicted” also includes a conviction for an attempt or
conspiracy to commit an offense. “Convicted” does not mean a
plea, sentence, adjudication, deferred sentence, or deferred
judgment which has been reversed or otherwise set aside.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
-352-services.
4. 6. “Discharge” means an unconditional discharge from the
sexually violent predator program. A person released from a
secure facility into a transitional release program or released
with supervision is not considered to be discharged.
5. 7. “Likely to engage in predatory acts of sexual
violence” means that the person more likely than not will
engage in acts of a sexually violent nature. If a person is
not confined at the time that a petition is filed, a person is
“likely to engage in predatory acts of sexual violence” only if
the person commits a recent overt act.
6. 8. “Mental abnormality” means a congenital or acquired
condition affecting the emotional or volitional capacity of a
person and predisposing that person to commit sexually violent
offenses to a degree which would constitute a menace to the
health and safety of others.
7. 9. “Predatory” means acts directed toward a person with
whom a relationship has been established or promoted for the
primary purpose of victimization.
8. 10. “Presently confined” means incarceration or
detention in a correctional facility, a rehabilitation camp,
a residential facility, a county jail, a halfway house, or
any other comparable facility, including but not limited to
placement at such a facility as a condition of probation,
parole, or special sentence following conviction for a sexually
violent offense.
9. 11. “Recent overt act” means any act that has either
caused harm of a sexually violent nature or creates a
reasonable apprehension of such harm.
10. 12. “Safekeeper” means a person who is confined in an
appropriate secure facility pursuant to this chapter but who is
not subject to an order of commitment pursuant to this chapter.
11. 13. “Sexually motivated” means that one of the
purposes for commission of a crime is the purpose of sexual
gratification of the perpetrator of the crime.
-353- 12. 14. “Sexually violent offense” means:
a. A violation of any provision of chapter 709.
b. A violation of any of the following if the offense
involves sexual abuse, attempted sexual abuse, or intent to
commit sexual abuse:
(1) Murder as defined in section 707.1.
(2) Kidnapping as defined in section 710.1.
(3) Burglary as defined in section 713.1.
(4) Child endangerment under section 726.6, subsection 1,
paragraph “e”.
c. Sexual exploitation of a minor in violation of section
728.12.
d. Pandering involving a minor in violation of section
725.3, subsection 2.
e. An offense involving an attempt or conspiracy to commit
any offense referred to in this subsection.
f. An offense under prior law of this state or an offense
committed in another jurisdiction which would constitute an
equivalent offense under paragraphs “a” through “e”.
g. Any act which, either at the time of sentencing for the
offense or subsequently during civil commitment proceedings
pursuant to this chapter, has been determined beyond a
reasonable doubt to have been sexually motivated.
13. 15. “Sexually violent predator” means a person who has
been convicted of or charged with a sexually violent offense
and who suffers from a mental abnormality which makes the
person likely to engage in predatory acts constituting sexually
violent offenses, if not confined in a secure facility.
14. 16. “Transitional release” means a conditional release
from a secure facility operated by the department of human
services with the conditions of such release set by the court
or the department of human services.
Sec. 535. Section 229A.5C, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. A person who is subject to an order of civil commitment
-354-under this chapter shall not be released from jail or paroled
or released to a facility or program located outside the
county jail or correctional institution other than to a secure
facility operated by the department of human services.
4. A person who committed a public offense while in a
transitional release program or on release with supervision may
be returned to a secure facility operated by the department of
human services upon completion of any term of confinement that
resulted from the commission of the public offense.
Sec. 536. Section 229A.6A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. To a medical facility for medical treatment, if necessary
medical treatment is not available at the facility where the
person is confined. A transport order is not required to
transport the person for medical treatment. However, the
person is not entitled to choose the medical facility where
treatment is to be obtained or the medical personnel to provide
the treatment. Transportation of a committed person shall be
provided by the sheriff of the county in which the person is
confined if requested by the department of human services.
Sec. 537. Section 229A.7, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. If the court or jury determines that the respondent is a
sexually violent predator, the respondent shall be committed
to the custody of the director of the department of human
services for control, care, and treatment until such time as
the person’s mental abnormality has so changed that the person
is safe to be placed in a transitional release program or
discharged. The determination may be appealed.
Sec. 538. Section 229A.7, subsection 7, Code 2023, is
amended to read as follows:
7. The control, care, and treatment of a person determined
to be a sexually violent predator shall be provided at a
facility operated by the department of human services. At all
times prior to placement in a transitional release program
-355-or release with supervision, persons committed for control,
care, and treatment by the department of human services
pursuant to this chapter shall be kept in a secure facility
and those patients shall be segregated at all times from any
other patient under the supervision of the department of human
services. A person committed pursuant to this chapter to
the custody of the department of human services may be kept
in a facility or building separate from any other patient
under the supervision of the department of human services.
The department of human services may enter into a chapter
28E agreement with the department of corrections or other
appropriate agency in this state or another state for the
confinement of patients who have been determined to be sexually
violent predators. Patients who are in the custody of the
director of the department of corrections pursuant to a chapter
28E agreement and who have not been placed in a transitional
release program or released with supervision shall be housed
and managed separately from criminal offenders in the custody
of the director of the department of corrections, and except
for occasional instances of supervised incidental contact,
shall be segregated from those offenders.
Sec. 539. Section 229A.8, subsection 4, Code 2023, is
amended to read as follows:
4. Nothing contained in this chapter shall prohibit the
person from otherwise petitioning the court for discharge or
placement in a transitional release program at the annual
review. The director of human services department shall
provide the committed person with an annual written notice
of the person’s right to petition the court for discharge
or placement in a transitional release program without
authorization from the director. The notice shall contain a
waiver of rights. The director department shall forward the
notice and waiver form to the court with the annual report.
Sec. 540. Section 229A.8, subsection 5, paragraphs f and g,
Code 2023, are amended to read as follows:
-356- f. If at the time for the annual review the committed
person has filed a petition for discharge or placement in
a transitional release program with authorization from the
director of human services, the court shall set a final hearing
within ninety days of the authorization by the director, and
no annual review shall be held.
g. If the committed person has not filed a petition, or
has filed a petition for discharge or for placement in a
transitional release program without authorization from the
director of human services, the court shall first conduct the
annual review as provided in this subsection.
Sec. 541. Section 229A.8, subsection 6, paragraph e, Code
2023, is amended to read as follows:
e. If the director of human services has authorized the
committed person to petition for discharge or for placement
in a transitional release program and the case is before a
jury, testimony by a victim of a prior sexually violent offense
committed by the person is not admissible. If the director has
not authorized the petition or the case is before the court,
testimony by a victim of a sexually violent offense committed
by the person may be admitted.
Sec. 542. Section 229A.8A, subsections 1, 6, and 7, Code
2023, are amended to read as follows:
1. The department of human services is authorized to may
establish a transitional release program and provide control,
care, and treatment, and supervision of committed persons
placed in such a program.
6. The department of human services shall be responsible
for establishing and implementing the rules and directives
regarding the location of the transitional release program,
staffing needs, restrictions on confinement and the movement of
committed persons, and for assessing the progress of committed
persons in the program. The court may also impose conditions
on a committed person placed in the program.
7. The department of human services may contract with
-357-other government or private agencies, including the department
of corrections, to implement and administer the transitional
release program.
Sec. 543. Section 229A.8B, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. If a committed person absconds from a transitional
release program in violation of the rules or directives, a
presumption arises that the person poses a risk to public
safety. The department of human services, in cooperation with
local law enforcement agencies, may make a public announcement
about the absconder. The public announcement may include
a description of the committed person, that the person is
in transitional release from the sexually violent predator
program, and any other information important to public safety.
3. Upon the return of the committed person to a secure
facility, the director of human services or the director’s
designee shall notify the court that issued the ex parte order
that the absconder has been returned to a secure facility,
and the court shall set a hearing to determine if a violation
occurred. If a court order was not issued, the director or
the director’s designee shall contact the nearest district
court with jurisdiction to set a hearing to determine whether a
violation of the rules or directives occurred. The court shall
schedule a hearing after receiving notice that the committed
person has been returned from the transitional release program
to a secure facility.
Sec. 544. Section 229A.9A, subsections 2, 3, and 8, Code
2023, are amended to read as follows:
2. If release with supervision is ordered, the department
of human services shall prepare within sixty days of the order
of the court a release plan addressing the person’s needs for
counseling, medication, community support services, residential
services, vocational services, alcohol or other drug abuse
substance use disorder treatment, sex offender treatment, or
any other treatment or supervision necessary.
-358- 3. The court shall set a hearing on the release plan
prepared by the department of human services before the
committed person is released from a secure facility or a
transitional release program.
8. The court shall retain jurisdiction over the committed
person who has been released with supervision until the person
is discharged from the program. The department of human
services or a judicial district department of correctional
services shall not be held liable for any acts committed
by a committed person who has been ordered released with
supervision.
Sec. 545. Section 229A.9B, subsections 2, 3, and 5, Code
2023, are amended to read as follows:
2. If a committed person has absconded in violation of the
conditions of the person’s release plan, a presumption arises
that the person poses a risk to public safety. The department
of human services or contracting agency, in cooperation with
local law enforcement agencies, may make a public announcement
about the absconder. The public announcement may include a
description of the committed person, that the committed person
is on release with supervision from the sexually violent
predator program, and any other information pertinent to public
safety.
3. Upon the return of the committed person to a secure
facility, the director of human services or the director’s
designee shall notify the court that issued the ex parte
order that the committed person has been returned to a secure
facility, and the court shall set hearing to determine if a
violation occurred. If a court order was not issued, the
director or the director’s designee shall contact the nearest
district court with jurisdiction to set a hearing to determine
whether a violation of the conditions of the release plan
occurred. The court shall schedule a hearing after receiving
notice that the committed person has been returned to a secure
facility.
-359- 5. If the court determines a violation occurred, the court
shall receive release recommendations from the department of
human services and either order that the committed person
be returned to release with supervision or placed in a
transitional release program, or be confined in a secure
facility. The court may impose further conditions upon the
committed person if returned to release with supervision or
placed in the transitional release program. If the court
determines no violation occurred, the committed person shall be
returned to release with supervision.
Sec. 546. Section 229A.10, subsection 1, Code 2023, is
amended to read as follows:
1. If the director of human services determines that the
person’s mental abnormality has so changed that the person is
not likely to engage in predatory acts that constitute sexually
violent offenses if discharged, the director shall authorize
the person to petition the court for discharge. The petition
shall be served upon the court and the attorney general. The
court, upon receipt of the petition for discharge, shall order
a hearing within thirty days. The attorney general shall
represent the state, and shall have the right to have the
petitioner examined by an expert or professional person of
the attorney general’s choice. The hearing shall be before
a jury if demanded by either the petitioner or the attorney
general. If the attorney general objects to the petition for
discharge, the burden of proof shall be upon the attorney
general to show beyond a reasonable doubt that the petitioner’s
mental abnormality or personality disorder remains such that
the petitioner is likely to engage in predatory acts that
constitute sexually violent offenses if discharged.
Sec. 547. Section 229A.11, Code 2023, is amended to read as
follows:
229A.11 Subsequent discharge or transitional release
petitions — limitations.
Nothing in this chapter shall prohibit a person from filing
-360-a petition for discharge or placement in a transitional release
program, pursuant to this chapter. However, if a person has
previously filed a petition for discharge or for placement
in a transitional release program without the authorization
of the director of human services, and the court determines
either upon review of the petition or following a hearing that
the petition was frivolous or that the petitioner’s condition
had not so changed that the person was not likely to engage
in predatory acts constituting sexually violent offenses
if discharged, or was not suitable for placement in the
transitional release program, then the court shall summarily
deny the subsequent petition unless the petition contains facts
upon which a court could find the condition of the petitioner
had so changed that a hearing was warranted. Upon receipt of a
first or subsequent petition from a committed person without
the director’s authorization, the court shall endeavor whenever
possible to review the petition and determine if the petition
is based upon frivolous grounds. If the court determines that
a petition is frivolous, the court shall dismiss the petition
without a hearing.
Sec. 548. Section 229A.12, Code 2023, is amended to read as
follows:
229A.12 Director of human services — responsibility for
costs — reimbursement.
The director of human services shall be responsible for
all costs relating to the evaluation, treatment, and services
provided to a person that are incurred after the person is
committed to the director’s custody after the court or jury
determines that the respondent is a sexually violent predator
and pursuant to commitment under any provision of this chapter.
If placement in a transitional release program or supervision
is ordered, the director shall also be responsible for all
costs related to the transitional release program or to the
supervision and treatment of any person. Reimbursement may
be obtained by the director from the patient and any person
-361-legally liable or bound by contract for the support of the
patient for the cost of confinement or of care and treatment
provided. To the extent allowed by the United States social
security administration, any benefit payments received by the
person pursuant to the federal Social Security Act shall be
used for the costs incurred. As used in this section, “any
person legally liable” does not include a political subdivision.
Sec. 549. Section 229A.15B, Code 2023, is amended to read
as follows:
229A.15B Rulemaking authority.
The department of human services shall adopt rules pursuant
to chapter 17A necessary to administer this chapter.
Sec. 550. Section 230.1, Code 2023, is amended to read as
follows:
230.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the department
of human services assigned, in accordance with section
218.1, to control the state mental health institutes, or that
administrator’s designee.
2. 1. “Book”, “list”, “record”, or “schedule” kept by a
county auditor, assessor, treasurer, recorder, sheriff, or
other county officer means the county system as defined in
section 445.1.
3. 2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
services.
4. “Region” means a mental health and disability services
region formed in accordance with section 331.389.
5. “Regional administrator” means the same as defined in
section 331.388.
6. “State mental health institute” or “mental health
institute” means a mental health institute designated in section
-362-226.1.
Sec. 551. Section 230.1A, Code 2023, is amended to read as
follows:
230.1A Liability of county and state.
1. The necessary and legal costs and expenses attending
for the taking into custody, care, investigation, admission,
commitment, and support of a person with mental illness
admitted or committed to a state hospital mental health
institute shall be paid by the regional administrator on behalf
of the person’s county of residence or by the state as follows:
a. If the person is eighteen years of age or older, as
follows:
(1) The costs attributed to mental illness shall be paid by
the regional administrator on behalf of the person’s county of
residence.
(2) The costs attributed to a substance-related substance
use disorder shall be paid by the person’s county of residence.
(3) The costs attributable to a dual diagnosis of mental
illness and a substance-related substance use disorder may be
split divided as provided in section 226.9C.
b. By the state if such person has no residence in this
state, if the person’s residence is unknown, or if the person
is under eighteen years of age.
2. The county of residence of any person with mental
illness who is a patient of any state institution mental health
institute shall be the person’s county of residence existing at
the time of admission to the institution institute.
3. A region or county of residence is not liable for
costs and expenses associated with a person with mental
illness unless the costs and expenses are for services and
other support authorized for the person through the regional
administrator for the county.
Sec. 552. Section 230.5, Code 2023, is amended to read as
follows:
230.5 Nonresidents.
-363- If a person’s residence is determined in accordance with
section 230.2 or 230.3 to be in a foreign state or country,
or is unknown, the court or the regional administrator of the
person’s county of residence shall immediately certify the
determination to the department’s administrator department.
The certification shall be accompanied by a copy of the
evidence supporting the determination. A court order issued
pursuant to section 229.13 shall direct that the patient be
hospitalized at the appropriate state hospital for persons with
mental illness health institute.
Sec. 553. Section 230.6, Code 2023, is amended to read as
follows:
230.6 Investigation by administrator department.
The administrator department shall immediately investigate
the residency of a patient and proceed as follows:
1. If the administrator department concurs with a certified
determination of residency concerning the patient, the
administrator department shall cause the patient either to
be transferred to a state hospital for persons with mental
illness health institute at the expense of the state, or to be
transferred, with approval of the court as required by chapter
229, to the place of foreign residence.
2. If the administrator department disputes a certified
legal residency determination, the administrator department
shall order the patient to be maintained at a state hospital
for persons with mental illness health institute at the expense
of the state until the dispute is resolved.
3. If the administrator department disputes a residency
determination, the administrator department shall utilize the
procedure provided in section 331.394 to resolve the dispute.
A determination of the person’s residency status made pursuant
to section 331.394 is conclusive.
Sec. 554. Section 230.7, Code 2023, is amended to read as
follows:
230.7 Transfer of nonresidents.
-364- Upon determining that a patient in a state hospital mental
health institute who has been involuntarily hospitalized under
chapter 229 or admitted voluntarily at public expense was
not a resident of this state at the time of the involuntary
hospitalization or admission, the administrator director or
director’s designee may cause that the patient to be conveyed
to the patient’s place of residence. However, a transfer
under this section may be made only if the patient’s condition
so permits and other reasons do not render the transfer
inadvisable. If the patient was involuntarily hospitalized,
prior approval of the transfer must shall be obtained from the
court which ordered the patient hospitalized.
Sec. 555. Section 230.8, Code 2023, is amended to read as
follows:
230.8 Transfers of persons with mental illness — expenses.
The transfer to any state hospitals mental health institute
or to the places of their residence of persons with mental
illness who have no residence in this state or whose residence
is unknown, shall be made according to the directions of the
administrator department, and when practicable by employees
of the state hospitals mental health institutes. The actual
and necessary expenses of such transfers shall be paid by the
department on itemized vouchers sworn to by the claimants and
approved by the administrator director.
Sec. 556. Section 230.9, Code 2023, is amended to read as
follows:
230.9 Subsequent discovery of residence.
If, after a person has been received by a state hospital for
persons with mental illness health institute whose residence is
supposed to be outside this state, the administrator department
determines that the residence of the person was, at the time
of admission or commitment, in a county of this state, the
administrator department shall certify the determination
and charge all legal costs and expenses pertaining to the
admission or commitment and support of the person to the
-365-regional administrator of the person’s county of residence.
The certification shall be sent to the regional administrator
of the person’s county of residence. The certification
shall be accompanied by a copy of the evidence supporting the
determination. The costs and expenses shall be collected as
provided by law in other cases. If the person’s residency
status has been determined in accordance with section 331.394,
the legal costs and expenses shall be charged in accordance
with that determination.
Sec. 557. Section 230.10, Code 2023, is amended to read as
follows:
230.10 Payment of costs.
All legal costs and expenses attending for the taking into
custody, care, investigation, and admission or commitment of
a person to a state hospital for persons with mental illness
health institute under a finding that the person has residency
in another county of this state shall be charged against the
regional administrator of the person’s county of residence.
Sec. 558. Section 230.11, Code 2023, is amended to read as
follows:
230.11 Recovery of costs from state.
Costs and expenses attending for the taking into custody,
care, and investigation of a person who has been admitted
or committed to a state hospital mental health institute,
United States department of veterans affairs hospital, or
other agency of the United States government, for persons with
mental illness and who has no residence in this state or whose
residence is unknown, including cost of commitment, if any,
shall be paid as approved by the administrator department. The
amount of the costs and expenses approved by the administrator
department is appropriated to the department from any moneys in
the state treasury not otherwise appropriated. Payment shall
be made by the department on itemized vouchers executed by the
regional administrator of the person’s county which has paid
them, and approved by the administrator department.
-366- Sec. 559. Section 230.12, Code 2023, is amended to read as
follows:
230.12 Residency disputes.
If a dispute arises between different counties or between
the administrator department and a regional administrator for a
county as to the residence of a person admitted or committed
to a state hospital for persons with mental illness health
institute, the dispute shall be resolved as provided in section
331.394.
Sec. 560. Section 230.15, Code 2023, is amended to read as
follows:
230.15 Personal liability.
1. A person with mental illness and a person legally liable
for the person’s support remain liable for the support of
the person with mental illness as provided in this section.
Persons legally liable for the support of a person with mental
illness include the spouse of the person, and any person
bound by contract for support of the person. The regional
administrator of the person’s county of residence, subject to
the direction of the region’s governing board, shall enforce
the obligation created in this section as to all sums advanced
by the regional administrator. The liability to the regional
administrator incurred by a person with mental illness or a
person legally liable for the person’s support under this
section is limited to an amount equal to one hundred percent
of the cost of care and treatment of the person with mental
illness at a state mental health institute for one hundred
twenty days of hospitalization. This limit of liability may
be reached by payment of the cost of care and treatment of the
person with mental illness subsequent to a single admission
or multiple admissions to a state mental health institute
or, if the person is not discharged as cured, subsequent to
a single transfer or multiple transfers to a county care
facility pursuant to section 227.11. After reaching this
limit of liability, a person with mental illness or a person
-367-legally liable for the person’s support is liable to the
regional administrator for the care and treatment of the person
with mental illness at a state mental health institute or,
if transferred but not discharged as cured, at a county care
facility in an amount not in excess of the average minimum
cost of the maintenance of an individual who is physically and
mentally healthy residing in the individual’s own home, which
standard shall be established and may from time to time be
revised by the department of human services. A lien imposed
by section 230.25 shall not exceed the amount of the liability
which may be incurred under this section on account of a person
with mental illness.
2. A person with a substance-related substance use
disorder is legally liable for the total amount of the cost of
providing care, maintenance, and treatment for the person with
a substance-related substance use disorder while a voluntary
or committed patient. When a portion of the cost is paid
by a county, the person with a substance-related substance
use disorder is legally liable to the county for the amount
paid. The person with a substance-related substance use
disorder shall assign any claim for reimbursement under any
contract of indemnity, by insurance or otherwise, providing
for the person’s care, maintenance, and treatment in a state
hospital mental health institute to the state. Any payments
received by the state from or on behalf of a person with a
substance-related substance use disorder shall be in part
credited to the county in proportion to the share of the costs
paid by the county.
3. Nothing in this section shall be construed to prevent
a relative or other person from voluntarily paying the full
actual cost or any portion of the care and treatment of any
person with mental illness or a substance-related substance use
disorder as established by the department of human services.
Sec. 561. Section 230.18, Code 2023, is amended to read as
follows:
-368- 230.18 Expense in county or private hospitals facility.
The estates of persons with mental illness who may be
treated or confined in any county hospital or home, or in any
private hospital or sanatorium facility, and the estates of
persons legally bound for their support, shall be liable to the
regional administrator of the person’s county of residence for
the reasonable cost of such support.
Sec. 562. Section 230.19, Code 2023, is amended to read as
follows:
230.19 Nonresidents liable to state — presumption.
The estates of all nonresident patients provided for and
treated in state hospitals for persons with mental illness
health institutes in this state, and all persons legally bound
for the support of such patients, shall be liable to the
state for the reasonable value of the care, maintenance, and
treatment of such patients while in such hospitals institutes.
The certificate of the superintendent of the state hospital
mental health institute in which any nonresident is or has been
a patient, showing the amounts drawn from the state treasury or
due therefrom as provided by law on account of such nonresident
patient, shall be presumptive evidence of the reasonable value
of the care, maintenance, and treatment furnished such patient.
Sec. 563. Section 230.20, subsection 1, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The costs of food, lodging, and other maintenance
provided to persons not patients of the hospital state mental
health institute.
Sec. 564. Section 230.20, subsection 7, Code 2023, is
amended to read as follows:
7. A superintendent of a mental health institute may request
that the director of human services enter into a contract
with a person for the mental health institute to provide
consultation or treatment services or for fulfilling other
purposes which are consistent with the purposes stated in
section 226.1. The contract provisions shall include charges
-369-which reflect the actual cost of providing the services or
fulfilling the other purposes. Any income from a contract
authorized under this subsection may be retained by the
mental health institute to defray the costs of providing the
services. Except for a contract voluntarily entered into by a
county under this subsection, the costs or income associated
with a contract authorized under this subsection shall not
be considered in computing charges and per diem costs in
accordance with the provisions of subsections 1 through 6.
Sec. 565. Section 230.26, Code 2023, is amended to read as
follows:
230.26 Regional administrator to keep record.
The regional administrator shall keep an accurate account
of the cost of the maintenance of any patient kept in any
institution facility as provided for in this chapter and keep
an index of the names of the persons admitted or committed from
each county in the region. The name of the spouse of the person
admitted or committed shall also be indexed in the same manner
as the names of the persons admitted or committed are indexed.
The book shall be designated as an account book or index, and
shall have no reference in any place to a lien.
Sec. 566. Section 230.31, Code 2023, is amended to read as
follows:
230.31 Departers from other states.
If a person with mental illness departs without proper
authority from an institution a facility in another state and
is found in this state, a peace officer in the county in which
the patient is found may take and detain the patient without
order and shall report the detention to the administrator
department who shall provide for the return of the patient
to the authorities of the state where the unauthorized leave
was made. Pending such return, the patient may be detained
temporarily at one of the institutions of this state under the
control of the administrator or any other administrator of the
department of human services. Expenses incurred under this
-370-section shall be paid in the same manner as is provided for
transfers in section 230.8.
Sec. 567. Section 230.32, Code 2023, is amended to read as
follows:
230.32 Support of nonresident patients on leave.
The cost of support of patients without residence in this
state, who are placed on convalescent leave or removed from
a state mental health institute to any health care facility
licensed under chapter 135C for rehabilitation purposes,
shall be paid from the hospital state mental health institute
support fund and shall be charged on abstract in the same
manner as state inpatients, until such time as the patient
becomes self-supporting or qualifies for support under existing
statutes.
Sec. 568. Section 230.33, Code 2023, is amended to read as
follows:
230.33 Reciprocal agreements.
1. The administrator department may enter into agreements
with other states, through their duly constituted authorities,
to effect the reciprocal return of persons with mental illness
and persons with an intellectual disability to the contracting
states, and to effect the reciprocal supervision of persons on
convalescent leave.
2. However, in the case of a proposed transfer of a person
with mental illness or an intellectual disability from this
state, final action shall not be taken without the approval of
the district court of the county of admission or commitment.
Sec. 569. Section 230A.101, Code 2023, is amended to read
as follows:
230A.101 Services system roles.
1. The role of the department of human services, through
the division of the department designated as the state
mental health authority with responsibility for state policy
concerning mental health and disability services, is to develop
and maintain policies for the mental health and disability
-371-services system. The policies shall address the service needs
of individuals of all ages with disabilities in this state,
regardless of the individuals’ places of residence or economic
circumstances, and shall be consistent with the requirements of
chapter 225C and other applicable law.
2. The role of community mental health centers in the
mental health and disability services system is to provide
an organized set of services in order to adequately meet the
mental health needs of this state’s citizens based on organized
catchment areas.
Sec. 570. Section 230A.102, Code 2023, is amended to read
as follows:
230A.102 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator”, “commission” “Commission”, “department”,
“director”, and “disability services”, and “division” mean the
same as defined in section 225C.2.
2. “Catchment area” means a community mental health center
catchment area identified in accordance with this chapter.
3. “Community mental health center” or “center” means a
community mental health center designated in accordance with
this chapter.
Sec. 571. Section 230A.103, Code 2023, is amended to read
as follows:
230A.103 Designation of community mental health centers.
1. The division department, subject to agreement by any
community mental health center that would provide services
for the catchment area and approval by the commission,
shall designate at least one community mental health center
under this chapter for addressing the mental health needs of
the county or counties comprising the catchment area. The
designation process shall provide for the input of potential
service providers regarding designation of the initial
catchment area or a change in the designation.
-372- 2. The division department shall utilize objective criteria
for designating a community mental health center to serve a
catchment area and for withdrawing such designation. The
commission shall adopt rules outlining the criteria. The
criteria shall include but are not limited to provisions for
meeting all of the following requirements:
a. An appropriate means shall be used for determining which
prospective designee is best able to serve all ages of the
targeted population within the catchment area with minimal or
no service denials.
b. An effective means shall be used for determining the
relative ability of a prospective designee to appropriately
provide mental health services and other support to consumers
residing within a catchment area as well as consumers residing
outside the catchment area. The criteria shall address the
duty for a prospective designee to arrange placements outside
the catchment area when such placements best meet consumer
needs and to provide services within the catchment area to
consumers who reside outside the catchment area when the
services are necessary and appropriate.
3. The board of directors for a designated community mental
health center shall enter into an agreement with the division
department. The terms of the agreement shall include but are
not limited to all of the following:
a. The period of time the agreement will be in force.
b. The services and other support the center will offer or
provide for the residents of the catchment area.
c. The standards to be followed by the center in determining
whether and to what extent the persons seeking services from
the center shall be considered to be able to pay the costs of
the services.
d. The policies regarding availability of the services
offered by the center to the residents of the catchment area as
well as consumers residing outside the catchment area.
e. The requirements for preparation and submission to the
-373-division department of annual audits, cost reports, program
reports, performance measures, and other financial and service
accountability information.
4. This section does not limit the authority of the board or
the boards of supervisors of any county or group of counties to
continue to expend money to support operation of a center.
Sec. 572. Section 230A.104, Code 2023, is amended to read
as follows:
230A.104 Catchment areas.
1. The division department shall collaborate with affected
counties in identifying community mental health center
catchment areas in accordance with this section.
2. a. Unless the division department has determined that
exceptional circumstances exist, a catchment area shall be
served by one community mental health center. The purpose of
this general limitation is to clearly designate the center
responsible and accountable for providing core mental health
services to the target population in the catchment area and to
protect the financial viability of the centers comprising the
mental health services system in the state.
b. A formal review process shall be used in determining
whether exceptional circumstances exist that justify
designating more than one center to serve a catchment area.
The criteria for the review process shall include but are not
limited to a means of determining whether the catchment area
can support more than one center.
c. Criteria shall be provided that would allow the
designation of more than one center for all or a portion of a
catchment area if designation or approval for more than one
center was provided by the division department as of October 1,
2010. The criteria shall require a determination that all such
centers would be financially viable if designation is provided
for all.
Sec. 573. Section 230A.105, subsection 1, paragraph e, Code
2023, is amended to read as follows:
-374- e. Individuals described in paragraph “a”, “b”, “c”, or “d”
who have a co-occurring disorder, including but not limited
to substance abuse use disorder, intellectual disability,
a developmental disability, brain injury, autism spectrum
disorder, or another disability or special health care need.
Sec. 574. Section 230A.108, Code 2023, is amended to read
as follows:
230A.108 Administrative, diagnostic, and demographic
information.
Release of administrative and diagnostic information, as
defined in section 228.1, and demographic information necessary
for aggregated reporting to meet the data requirements
established by the division department, relating to an
individual who receives services from a community mental health
center, may be made a condition of support of that center by
the division department.
Sec. 575. Section 230A.110, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The division department shall recommend and the
commission shall adopt standards for designated community
mental health centers and comprehensive community mental health
programs, with the overall objective of ensuring that each
center and each affiliate providing services under contract
with a center furnishes high-quality mental health services
within a framework of accountability to the community it
serves. The standards adopted shall conform with federal
standards applicable to community mental health centers
and shall be in substantial conformity with the applicable
behavioral health standards adopted by the joint commission,
formerly known as the joint commission on accreditation
of health care organizations, or other recognized national
standards for evaluation of psychiatric facilities unless in
the judgment of the division department, with approval of the
commission, there are sound reasons for departing from the
standards.
-375- 2. When recommending standards under this section, the
division department shall designate an advisory committee
representing boards of directors and professional staff
of designated community mental health centers to assist in
the formulation or revision of standards. The membership
of the advisory committee shall include representatives of
professional and nonprofessional staff and other appropriate
individuals.
Sec. 576. Section 230A.110, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. Arrange for the financial condition and transactions
of the community mental health center to be audited once
each year by the auditor of state. However, in lieu of an
audit by the auditor of state, the local governing body of a
community mental health center organized under this chapter
may contract with or employ certified public accountants
to conduct the audit, pursuant to the applicable terms and
conditions prescribed by sections 11.6 and 11.19 and audit
format prescribed by the auditor of state. Copies of each
audit shall be furnished by the auditor or accountant to the
administrator of the division of mental health and disability
services department.
Sec. 577. Section 230A.111, Code 2023, is amended to read
as follows:
230A.111 Review and evaluation.
1. The review and evaluation of designated centers shall
be performed through a formal accreditation review process as
recommended by the division department and approved by the
commission. The accreditation process shall include all of the
following:
a. Specific time intervals for full accreditation reviews
based upon levels of accreditation.
b. Use of random or complaint-specific, on-site limited
accreditation reviews in the interim between full accreditation
reviews, as a quality review approach. The results of such
-376-reviews shall be presented to the commission.
c. Use of center accreditation self-assessment tools to
gather data regarding quality of care and outcomes, whether
used during full or limited reviews or at other times.
2. The accreditation process shall include but is not
limited to addressing all of the following:
a. Measures to address centers that do not meet standards,
including authority to revoke accreditation.
b. Measures to address noncompliant centers that do not
develop a corrective action plan or fail to implement steps
included in a corrective action plan accepted by the division
department.
c. Measures to appropriately recognize centers that
successfully complete a corrective action plan.
d. Criteria to determine when a center’s accreditation
should be denied, revoked, suspended, or made provisional.
Sec. 578. Section 231.4, subsection 1, paragraphs e and f,
Code 2023, are amended to read as follows:
e. “Department” means the department on aging of health and
human services.
f. “Director” means the director of the department on aging
health and human services.
Sec. 579. Section 231.21, Code 2023, is amended to read as
follows:
231.21 Department on aging Administration of chapter —
department of health and human services.
An Iowa The department on aging is established which of
health and human services shall administer this chapter
under the policy direction of the commission on aging. The
department on aging shall be administered by a director.
Sec. 580. Section 231.23, Code 2023, is amended to read as
follows:
231.23 Department on aging — duties and authority.
The department on aging director shall:
1. Develop and administer a state plan on aging.
-377- 2. Assist the commission in the review and approval of area
plans.
3. Pursuant to commission policy, coordinate state
activities related to the purposes of this chapter and all
other chapters under the department’s jurisdiction.
4. Advocate for older individuals by reviewing and
commenting upon all state plans, budgets, laws, rules,
regulations, and policies which affect older individuals and
by providing technical assistance to any agency, organization,
association, or individual representing the needs of older
individuals.
5. Assist the commission in dividing the state into distinct
planning and service areas.
6. Assist the commission in designating for each area a
public or private nonprofit agency or organization as the area
agency on aging for that area.
7. Pursuant to commission policy, take into account the
views of older Iowans.
8. Assist the commission in adopting a method for the
distribution of funds available from the federal Act and state
appropriations and allocations.
9. Assist the commission in assuring that preference will
be given to providing services to older individuals with the
greatest economic or social needs, with particular attention to
low-income minority older individuals, older individuals with
limited English proficiency, and older individuals residing in
rural areas.
10. Assist the commission in developing, adopting, and
enforcing administrative rules, by issuing necessary forms and
procedures.
11. Apply for, receive, and administer grants, devises,
donations, gifts, or bequests of real or personal property from
any source to conduct projects consistent with the purposes of
the department. Notwithstanding section 8.33, moneys received
by the department pursuant to this section are not subject to
-378-reversion to the general fund of the state.
12. Administer state authorized programs.
13. Establish a procedure for an area agency on aging to
use in selection of members of the agency’s board of directors.
The selection procedure shall be incorporated into the bylaws
of the board of directors.
Sec. 581. Section 231.23A, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department on aging shall provide or administer, but is
not limited to providing or administering, all of the following
programs and services:
Sec. 582. Section 231.31, Code 2023, is amended to read as
follows:
231.31 State plan on aging.
The department on aging shall develop, and submit to the
commission on aging for approval, a multiyear state plan on
aging. The state plan on aging shall meet all applicable
federal requirements.
Sec. 583. Section 231.32, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. Any public or nonprofit private agency in a planning
and service area or any separate organizational unit within
such agency which is under the supervision or direction for
this purpose of the department on aging and which can and will
engage only in the planning or provision of a broad range of
long-term living and community support services or nutrition
services within the planning and service area.
Sec. 584. Section 231.42, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. If abuse, neglect, or exploitation of a resident or
tenant is suspected, the state or a local long-term care
ombudsman shall, with the permission of the resident or tenant
as applicable under federal law, make an immediate referral
to the department of inspections and appeals, the department
of health and human services, the department on aging, or the
-379-appropriate law enforcement agency, as applicable.
Sec. 585. Section 231.58, Code 2023, is amended to read as
follows:
231.58 Long-term living coordination.
The director may convene meetings, as necessary, of the
director and the directors of human services, public health,
and director of inspections and appeals, to assist in the
coordination of policy, service delivery, and long-range
planning relating to the long-term living system and older
Iowans in the state. The group may consult with individuals,
institutions and entities with expertise in the area of the
long-term living system and older Iowans, as necessary, to
facilitate the group’s efforts.
Sec. 586. Section 231C.5, subsection 2, paragraph b,
subparagraph (2), subparagraph division (c), Code 2023, is
amended to read as follows:
(c) Contact information for the department of health and
human services and the senior health insurance information
program to assist tenants in accessing third-party payment
sources.
Sec. 587. Section 231C.5A, Code 2023, is amended to read as
follows:
231C.5A Assessment of tenants — program eligibility.
An assisted living program receiving reimbursement through
the medical assistance program under chapter 249A shall
assist the department of veterans affairs in identifying, upon
admission of a tenant, the tenant’s eligibility for benefits
through the United States department of veterans affairs. The
assisted living program shall also assist the commission of
veterans affairs in determining such eligibility for tenants
residing in the program on July 1, 2009. The department of
inspections and appeals, in cooperation with the department of
health and human services, shall adopt rules to administer this
section, including a provision that ensures that if a tenant is
eligible for benefits through the United States department of
-380-veterans affairs or other third-party payor, the payor of last
resort for reimbursement to the assisted living program is the
medical assistance program. The rules shall also require the
assisted living program to request information from a tenant or
tenant’s personal representative regarding the tenant’s veteran
status and to report to the department of veterans affairs
only the names of tenants identified as potential veterans
along with the names of their spouses and any dependents.
Information reported by the assisted living program shall be
verified by the department of veterans affairs.
Sec. 588. Section 231E.3, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. “Department” means the department on aging established in
section 231.21 of health and human services.
6. “Director” means the director of the department on aging
health and human services.
Sec. 589. Section 231E.4, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Work with the department of human services, the
Iowa department of public health, the Iowa developmental
disabilities council, and other agencies to establish
a referral system for the provision of guardianship,
conservatorship, and representative payee services.
Sec. 590. Section 232.2, subsections 14 and 18, Code 2023,
are amended to read as follows:
14. “Department” means the department of health and human
services and includes the local, and county, and service area
officers of the department.
18. “Director” means the director of the department of
health and human services or that person’s the director’s
designee.
Sec. 591. Section 232.11, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. If the child is not represented by counsel as required
under subsection 1, counsel shall be provided as follows:
-381- a. If the court determines, after giving the child’s parent,
guardian, or custodian an opportunity to be heard, that such
person has the ability in whole or in part to pay for the
employment of counsel, it shall either order that person to
retain an attorney to represent the child or shall appoint
counsel for the child and order the parent, guardian, or
custodian to pay for that counsel as provided in subsection 5.
b. If the court determines that the parent, guardian,
or custodian cannot pay any part of the expenses of counsel
to represent the child, it shall appoint counsel, who shall
be reimbursed according to section 232.141, subsection 2,
paragraph “b”.
c. The court may appoint counsel to represent the child
and reserve the determination of payment until the parent,
guardian, or custodian has an opportunity to be heard.
4. If the child is represented by counsel and the court
determines that there is a conflict of interest between the
child and the child’s parent, guardian, or custodian and that
the retained counsel could not properly represent the child as
a result of the conflict, the court shall appoint other counsel
to represent the child and order the parent, guardian, or
custodian to pay for such counsel as provided in subsection 5.
5. If the court determines, after an inquiry which includes
notice and reasonable opportunity to be heard that the parent,
guardian, or custodian has the ability to pay in whole or
in part for the attorney appointed for the child, the court
may order that person to pay such sums as the court finds
appropriate in the manner and to whom the court directs. If
the person so ordered fails to comply with the order without
good reason, the court shall enter judgment against the person.
Sec. 592. Section 232.21, subsection 2, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) An institution or other facility operated by the
department of human services, or one which is licensed or
otherwise authorized by law to receive and provide care for the
-382-child.
Sec. 593. Section 232.22, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. The court determines that an acceptable alternative
placement does not exist pursuant to criteria developed by the
department of human services.
Sec. 594. Section 232.28, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. In the course of a preliminary inquiry, the intake
officer may:
a. Interview the complainant, victim, or witnesses of the
alleged delinquent act.
b. Check existing records of the court, law enforcement
agencies, public records of other agencies, and child abuse
records as provided in section 235A.15, subsection 2, paragraph
“e”.
c. Hold conferences with the child and the child’s parent or
parents, guardian, or custodian for the purpose of interviewing
them and discussing the disposition of the complaint in
accordance with the requirements set forth in subsection 8.
d. Examine any physical evidence pertinent to the complaint.
e. Interview such persons as are necessary to determine
whether the filing of a petition would be in the best interests
of the child and the community as provided in section 232.35,
subsections 2 and 3.
4. Any additional inquiries may be made only with the
consent of the child and the child’s parent or parents,
guardian, or custodian.
5. Participation of the child and the child’s parent or
parents, guardian, or custodian in a conference with an intake
officer shall be voluntary, and they shall have the right to
refuse to participate in such conference. At such conference
the child shall have the right to the assistance of counsel in
accordance with section 232.11 and the right to remain silent
when questioned by the intake officer.
-383- Sec. 595. Section 232.29, subsection 1, paragraphs b, d, and
g, Code 2023, are amended to read as follows:
b. The intake officer shall advise the child and the child’s
parent, guardian, or custodian that they have the right to
refuse an informal adjustment of the complaint and demand the
filing of a petition and a formal adjudication.
d. The terms of such agreement shall be clearly stated in
writing and signed by all parties to the agreement and a copy
of this agreement shall be given to the child; the counsel for
the child; the parent, guardian, or custodian; and the intake
officer, who shall retain the copy in the case file.
g. The child and the child’s parent, guardian, or custodian
shall have the right to terminate such agreement at any
time and to request the filing of a petition and a formal
adjudication.
Sec. 596. Section 232.38, Code 2023, is amended to read as
follows:
232.38 Presence of parents at hearings.
1. Any hearings or proceedings under this subchapter
subsequent to the filing of a petition shall not take place
without the presence of one or both of the child’s parents,
guardian, or custodian except that a hearing or proceeding may
take place without such presence if the parent, guardian, or
custodian fails to appear after reasonable notification, or if
the court finds that a reasonably diligent effort has been made
to notify the child’s parent, guardian, or custodian, and the
effort was unavailing.
2. In any such hearings or proceedings the court may
temporarily excuse the presence of the parent, guardian, or
custodian when the court deems it in the best interests of the
child. Counsel for the parent, guardian, or custodian shall
have the right to participate in a hearing or proceeding during
the absence of the parent, guardian, or custodian.
Sec. 597. Section 232.43, subsection 2, Code 2023, is
amended to read as follows:
-384- 2. The county attorney and the child’s counsel may mutually
consider a plea agreement which contemplates entry of a plea
admitting the allegations of the petition in the expectation
that other charges will be dismissed or not filed or that a
specific disposition will be recommended by the county attorney
and granted by the court. Any plea discussion shall be open to
the child and the child’s parent, guardian, or custodian.
Sec. 598. Section 232.44, subsection 5, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Place the child in the custody of a parent, guardian,
or custodian under that person’s supervision, or under the
supervision of an organization which agrees to supervise the
child.
Sec. 599. Section 232.44, subsection 7, Code 2023, is
amended to read as follows:
7. If a child held in shelter care or detention by court
order has not been released after a detention hearing or has
not appeared at an adjudicatory hearing before the expiration
of the order of detention, an additional hearing shall
automatically be scheduled for the next court day following the
expiration of the order. The child, the child’s counsel, the
child’s guardian ad litem, and the child’s parent, guardian,
or custodian shall be notified of this hearing not less than
twenty-four hours before the hearing is scheduled to take
place. The hearing required by this subsection may be held by
telephone conference call.
Sec. 600. Section 232.46, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. A child’s need for shelter placement or for inpatient
mental health or substance abuse use disorder treatment does
not preclude entry or continued execution of a consent decree.
Sec. 601. Section 232.46, subsection 3, Code 2023, is
amended to read as follows:
3. A consent decree shall not be entered unless the child
and the child’s parent, guardian, or custodian is informed
-385-of the consequences of the decree by the court and the court
determines that the child has voluntarily and intelligently
agreed to the terms and conditions of the decree. If the
county attorney objects to the entry of a consent decree,
the court shall proceed to determine the appropriateness of
entering a consent decree after consideration of any objections
or reasons for entering such a decree.
Sec. 602. Section 232.52, subsection 2, paragraph d,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The department of human services for purposes of
foster care and prescribing the type of placement which will
serve the best interests of the child and the means by which
the placement shall be monitored by the court. The court
shall consider ordering placement in family foster care as an
alternative to group foster care.
Sec. 603. Section 232.52, subsection 2, paragraph e,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
An order transferring the custody of the child, subject to
the continuing jurisdiction and custody of the court for the
purposes of section 232.54, to the director of the department
of human services for purposes of placement in the state
training school or other facility, provided that the child is
at least twelve years of age and the court finds the placement
to be in the best interests of the child or necessary for the
protection of the public, and that the child has been found to
have committed an act which is a forcible felony, as defined
in section 702.11, or a felony violation of section 124.401
or chapter 707, or the court finds any three of the following
conditions exist:
Sec. 604. Section 232.52, subsections 6, 8, and 9, Code
2023, are amended to read as follows:
6. If the court orders the transfer of custody of the
child to the department of human services or other agency
for placement, the department or agency responsible for the
-386-placement of the child shall submit a case permanency plan to
the court and shall make every effort to return the child to
the child’s home as quickly as possible.
8. If the court orders the transfer of the custody of the
child to the department of human services or to another agency
for placement in group foster care, the department or agency
shall make every reasonable effort to place the child in the
least restrictive, most family-like, and most appropriate
setting available and in close proximity to the parents’ home,
consistent with the child’s best interests and special needs,
and shall consider the placement’s proximity to the school in
which the child is enrolled at the time of placement.
9. If a child has previously been adjudicated as a child
in need of assistance, and a social worker or other caseworker
from the department of human services has been assigned to work
on the child’s case, the court may order the department of
human services to assign the same social worker or caseworker
to work on any matters related to the child arising under this
subchapter.
Sec. 605. Section 232.52, subsection 10, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Upon receipt of an application from the director of the
department of human services, the court shall enter an order
to temporarily transfer a child who has been placed in the
state training school pursuant to subsection 2, paragraph “e”,
to a facility which has been designated to be an alternative
placement site for the state training school, provided the
court finds that all of the following conditions exist:
Sec. 606. Section 232.68, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the state department of health and
human services and includes the local, and county, and service
area offices of the department.
Sec. 607. Section 232.69, subsection 1, paragraph b,
-387-subparagraphs (6) and (7), Code 2023, are amended to read as
follows:
(6) An employee or operator of a substance abuse use
disorder program or facility licensed under chapter 125.
(7) An employee of a department of human services
institution listed in section 218.1.
Sec. 608. Section 232.70, subsections 3, 5, and 6, Code
2023, are amended to read as follows:
3. The oral report shall be made by telephone or otherwise
to the department of human services. If the person making the
report has reason to believe that immediate protection for the
child is advisable, that person shall also make an oral report
to an appropriate law enforcement agency.
5. The oral and written reports shall contain the following
information, or as much thereof of the following information as
the person making the report is able to furnish:
a. The names and home address of the child and the child’s
parents or other persons believed to be responsible for the
child’s care;.
b. The child’s present whereabouts if not the same as the
parent’s or other person’s home address;.
c. The child’s age;.
d. The nature and extent of the child’s injuries, including
any evidence of previous injuries;.
e. The name, age and condition of other children in the same
home;.
f. Any other information which the person making the report
believes might be helpful in establishing the cause of the
injury to the child, the identity of the person or persons
responsible for the injury, or in providing assistance to the
child; and.
g. The name and address of the person making the report.
6. A report made by a permissive reporter, as defined in
section 232.69, subsection 2, shall be regarded as a report
pursuant to this chapter whether or not the report contains
-388-all of the information required by this section and may be
made to the department of human services, county attorney, or
law enforcement agency. If the report is made to any agency
other than the department of human services, such agency shall
promptly refer the report to the department of human services.
Sec. 609. Section 232.72, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. For the purposes of this subchapter, the terms
“department of health and human services”, “department”, or
“county attorney” ordinarily refer to the service area or local
office of the department of human services or of the county
attorney’s office serving the county in which the child’s home
is located.
2. If the person making a report of child abuse pursuant to
this chapter does not know where the child’s home is located,
or if the child’s home is not located in the service area where
the health practitioner examines, attends, or treats the child,
the report may be made to the department or to the local office
serving the county where the person making the report resides
or the county where the health practitioner examines, attends,
or treats the child. These agencies shall promptly proceed as
provided in section 232.71B, unless the matter is transferred
as provided in this section.
Sec. 610. Section 232.75, subsection 3, Code 2023, is
amended to read as follows:
3. A person who reports or causes to be reported to the
department of human services false information regarding an
alleged act of child abuse, knowing that the information
is false or that the act did not occur, commits a simple
misdemeanor.
Sec. 611. Section 232.78, subsection 4, Code 2023, is
amended to read as follows:
4. The juvenile court may enter an order authorizing
a physician or physician assistant or hospital to provide
emergency medical or surgical procedures before the filing of
-389-a petition under this chapter provided all of the following
conditions are met:
a. Such procedures are necessary to safeguard the life and
health of the child; and.
b. There is not enough time to file a petition under this
chapter and hold a hearing as provided in section 232.95.
Sec. 612. Section 232.79, subsection 4, paragraphs a and b,
Code 2023, are amended to read as follows:
a. When the court is informed that there has been an
emergency removal or keeping of a child without a court order,
the court shall direct the department of human services or
the juvenile probation department to make every reasonable
effort to communicate immediately with the child’s parent or
parents or other person legally responsible for the child’s
care. Upon locating the child’s parent or parents or other
person legally responsible for the child’s care, the department
of human services or the juvenile probation department shall,
in accordance with court-established procedures, immediately
orally inform the court. After orally informing the court,
the department of human services or the juvenile probation
department shall provide to the court written documentation of
the oral information.
b. The court shall authorize the department of human
services or the juvenile probation department to cause a
child thus removed or kept to be returned if it concludes
there is not an imminent risk to the child’s life and health
in so doing. If the department of human services or the
juvenile probation department receives information which could
affect the court’s decision regarding the child’s return,
the department of human services or the juvenile probation
department, in accordance with court established procedures,
shall immediately orally provide the information to the
court. After orally providing the information to the court,
the department of human services or the juvenile probation
department shall provide to the court written documentation
-390-of the oral information. If the child is not returned,
the department of human services or the juvenile probation
department shall forthwith cause a petition to be filed within
three days after the removal.
Sec. 613. Section 232.81, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of a complaint, the court may request the
department of human services, juvenile probation office, or
other authorized agency or individual to conduct a preliminary
investigation of the complaint to determine if further action
should be taken.
Sec. 614. Section 232.82, subsection 2, Code 2023, is
amended to read as follows:
2. If an order is entered under subsection 1 and a petition
has not yet been filed under this chapter, the petition shall
be filed under section 232.87 by the county attorney, the
department of human services, or a juvenile court officer
within three days of the entering of the order.
Sec. 615. Section 232.87, subsection 2, Code 2023, is
amended to read as follows:
2. A petition may be filed by the department of human
services, juvenile court officer, or county attorney.
Sec. 616. Section 232.89, subsection 3, Code 2023, is
amended to read as follows:
3. The court shall determine, after giving the parent,
guardian, or custodian an opportunity to be heard, whether
the person has the ability to pay in whole or in part for
counsel appointed for the child. If the court determines
that the person possesses sufficient financial ability,
the court shall then consult with the department of human
services, the juvenile probation office, or other authorized
agency or individual regarding the likelihood of impairment
of the relationship between the child and the child’s parent,
guardian, or custodian as a result of ordering the parent,
guardian, or custodian to pay for the child’s counsel. If
-391-impairment is deemed unlikely, the court shall order that
person to pay an amount the court finds appropriate in the
manner and to whom the court directs. If the person fails to
comply with the order without good reason, the court shall
enter judgment against the person. If impairment is deemed
likely or if the court determines that the parent, guardian,
or custodian cannot pay any part of the expenses of counsel
appointed to represent the child, counsel shall be reimbursed
pursuant to section 232.141, subsection 2, paragraph “b”.
Sec. 617. Section 232.96, subsections 4 and 6, Code 2023,
are amended to read as follows:
4. A report made to the department of human services
pursuant to chapter 235A shall be admissible in evidence,
but such a report shall not alone be sufficient to support a
finding that the child is a child in need of assistance unless
the attorneys for the child and the parents consent to such a
finding.
6. A report, study, record, or other writing or an
audiotape or videotape recording made by the department of
human services, a juvenile court officer, a peace officer, a
child protection center, or a hospital relating to a child in a
proceeding under this subchapter is admissible notwithstanding
any objection to hearsay statements contained in it provided
it is relevant and material and provided its probative value
substantially outweighs the danger of unfair prejudice to the
child’s parent, guardian, or custodian. The circumstances of
the making of the report, study, record or other writing or an
audiotape or videotape recording, including the maker’s lack of
personal knowledge, may be proved to affect its weight.
Sec. 618. Section 232.97, subsection 1, Code 2023, is
amended to read as follows:
1. The court shall not make a disposition of the petition
until five working days after a social report has been
submitted to the court and counsel for the child and has been
considered by the court. The court may waive the five-day
-392-requirement upon agreement by all the parties. The court may
direct either the juvenile court officer or the department
of human services or any other agency licensed by the state
to conduct a social investigation and to prepare a social
report which may include any evidence provided by an individual
providing foster care for the child. A report prepared shall
include any founded reports of child abuse.
Sec. 619. Section 232.98, subsection 2, Code 2023, is
amended to read as follows:
2. Following an adjudication that a child is a child in need
of assistance, the court may after a hearing order the physical
or mental examination of the parent, guardian, or custodian if
that person’s ability to care for the child is at issue.
Sec. 620. Section 232.100, Code 2023, is amended to read as
follows:
232.100 Suspended judgment.
After the dispositional hearing the court may enter an
order suspending judgment and continuing the proceedings
subject to terms and conditions imposed to assure the proper
care and protection of the child. Such terms and conditions
may include the supervision of the child and of the parent,
guardian, or custodian by the department of human services,
juvenile court office, or other appropriate agency designated
by the court. The maximum duration of any term or condition of
a suspended judgment shall be twelve months unless the court
finds at a hearing held during the last month of that period
that exceptional circumstances require an extension of the term
or condition for an additional six months.
Sec. 621. Section 232.101, subsection 1, Code 2023, is
amended to read as follows:
1. After the dispositional hearing, the court may enter an
order permitting the child’s parent, guardian, or custodian
at the time of the filing of the petition to retain custody
of the child subject to terms and conditions which the court
prescribes to assure the proper care and protection of the
-393-child. Such terms and conditions may include supervision
of the child and the parent, guardian, or custodian by the
department of human services, juvenile court office, or other
appropriate agency which the court designates. Such terms
and conditions may also include the provision or acceptance
by the parent, guardian, or custodian of special treatment or
care which the child needs for the child’s physical or mental
health. If the parent, guardian, or custodian fails to provide
the treatment or care, the court may order the department
of human services or some other appropriate state agency to
provide such care or treatment.
Sec. 622. Section 232.102, subsections 4 and 6, Code 2023,
are amended to read as follows:
4. a. Whenever possible the court should permit the
child to remain at home with the child’s parent, guardian, or
custodian. Custody of the child should not be transferred
unless the court finds there is clear and convincing evidence
that of any of the following:
(1) The child cannot be protected from physical abuse
without transfer of custody; or.
(2) The child cannot be protected from some harm which would
justify the adjudication of the child as a child in need of
assistance and an adequate placement is available.
b. In order to transfer custody of the child under
this subsection, the court must make a determination that
continuation of the child in the child’s home would be contrary
to the welfare of the child, and shall identify the reasonable
efforts that have been made. The court’s determination
regarding continuation of the child in the child’s home,
and regarding reasonable efforts, including those made to
prevent removal and those made to finalize any permanency
plan in effect, as well as any determination by the court
that reasonable efforts are not required, must be made on
a case-by-case basis. The grounds for each determination
must be explicitly documented and stated in the court order.
-394-However, preserving the safety of the child is the paramount
consideration. If imminent danger to the child’s life or
health exists at the time of the court’s consideration, the
determinations otherwise required under this paragraph shall
not be a prerequisite for an order for removal of the child.
If the court transfers custody of the child, unless the
court waives the requirement for making reasonable efforts or
otherwise makes a determination that reasonable efforts are not
required, reasonable efforts shall be made to make it possible
for the child to safely return to the family’s home.
6. In any order transferring custody to the department
or an agency, or in orders pursuant to a custody order, the
court shall specify the nature and category of disposition
which will serve the best interests of the child, and shall
prescribe the means by which the placement shall be monitored
by the court. If the court orders the transfer of the custody
of the child to the department of human services or other
agency for placement, the department or agency shall submit
a case permanency plan to the court and shall make every
reasonable effort to return the child to the child’s home as
quickly as possible consistent with the best interests of the
child. When the child is not returned to the child’s home and
if the child has been previously placed in a licensed foster
care facility, the department or agency shall consider placing
the child in the same licensed foster care facility. If the
court orders the transfer of custody to a parent who does not
have physical care of the child, other relative, or other
suitable person, the court may direct the department or other
agency to provide services to the child’s parent, guardian,
or custodian in order to enable them to resume custody of the
child. If the court orders the transfer of custody to the
department of human services or to another agency for placement
in group foster care, the department or agency shall make every
reasonable effort to place the child in the least restrictive,
most family-like, and most appropriate setting available, and
-395-in close proximity to the parents’ home, consistent with the
child’s best interests and special needs, and shall consider
the placement’s proximity to the school in which the child is
enrolled at the time of placement.
Sec. 623. Section 232.103A, subsections 3 and 5, Code 2023,
are amended to read as follows:
3. The juvenile court shall designate the petitioner and
respondent for the purposes of the bridge order. A bridge
order shall only address matters of custody, physical care, and
visitation. All other matters, including child support, shall
be filed by separate petition or by action of the child support
recovery unit services, and shall be subject to existing
applicable statutory provisions.
5. The district court shall take judicial notice of the
juvenile file in any hearing related to the case. Records
contained in the district court case file that were copied or
transferred from the juvenile court file concerning the case
shall be subject to section 232.147 and other confidentiality
provisions of this chapter for cases not involving juvenile
delinquency, and shall be disclosed, upon request, to the child
support recovery unit services without a court order.
Sec. 624. Section 232.111, subsection 1, Code 2023, is
amended to read as follows:
1. A child’s guardian, guardian ad litem, or custodian,
the department of human services, a juvenile court officer, or
the county attorney may file a petition for termination of the
parent-child relationship and parental rights with respect to a
child.
Sec. 625. Section 232.116, subsection 1, paragraph l, Code
2023, is amended to read as follows:
l. The court finds that all of the following have occurred:
(1) The child has been adjudicated a child in need of
assistance pursuant to section 232.96 and custody has been
transferred from the child’s parents for placement pursuant to
section 232.102.
-396- (2) The parent has a severe substance-related substance use
disorder as described by either of the following:
(a) The severe substance-related substance use disorder
meets the definition for that term as defined in the most
current edition of the diagnostic and statistical manual
prepared by the American psychiatric association, and the
parent presents a danger to self or others as evidenced by
prior acts.
(b) The disorder is evidenced by continued and repeated use
through the case, the parent’s refusal to obtain a substance
abuse use disorder evaluation or treatment after given the
opportunity to do so, and the parent presents a danger to self
or others as evidenced by prior acts.
(3) There is clear and convincing evidence that the parent’s
prognosis indicates that the child will not be able to be
returned to the custody of the parent within a reasonable
period of time considering the child’s age and need for a
permanent home.
Sec. 626. Section 232.142, Code 2023, is amended to read as
follows:
232.142 Maintenance and cost of juvenile homes — fund.
1. County boards of supervisors which singly or in
conjunction with one or more other counties provide and
maintain juvenile detention and juvenile shelter care homes are
subject to this section.
2. For the purpose of providing and maintaining a county
or multicounty home, the board of supervisors of any county
may issue general county purpose bonds in accordance with
sections 331.441 through 331.449. Expenses for providing and
maintaining a multicounty home shall be paid by the counties
participating in a manner to be determined by the boards of
supervisors.
3. A county or multicounty juvenile detention home approved
pursuant to this section shall receive financial aid from the
state in a manner approved by the director, the director of the
-397-department of human rights, or a designee of the director of
the department of human rights. Aid paid by the state shall
be at least ten percent and not more than fifty percent of the
total cost of the establishment, improvements, operation, and
maintenance of the home. This subsection is repealed July 1,
2023.
4. The director, the director of the department of human
rights, or a designee of the director of the department of
human rights shall adopt minimal rules and standards for the
establishment, maintenance, and operation of such homes as
shall be necessary to effect the purposes of this chapter. The
rules shall apply the requirements of section 237.8, concerning
employment and evaluation of persons with direct responsibility
for a child or with access to a child when the child is
alone and persons residing in a child foster care facility,
to persons employed by, residing in, or volunteering for a
home approved under this section. The director shall, upon
request, give guidance and consultation in the establishment
and administration of the homes and programs for the homes.
This subsection is repealed July 1, 2023.
5. The director, the director of the department of human
rights, or a designee of the director of the department of
human rights shall approve annually all such homes established
and maintained under the provisions of this chapter. A home
shall not be approved unless it complies with minimal rules and
standards adopted by the director and has been inspected by the
department of inspections and appeals. The statewide number
of beds in the homes approved by the director shall not exceed
two hundred seventy-two beds beginning July 1, 2017. This
subsection is repealed July 1, 2023.
6. A juvenile detention home fund is created in the
state treasury under the authority of the department or the
department of human rights as the department and the department
of human rights agree. The fund shall consist of moneys
deposited in the fund pursuant to section 602.8108. The moneys
-398-in the fund shall be used for the costs of the establishment,
improvement, operation, and maintenance of county or
multicounty juvenile detention homes in accordance with annual
appropriations made by the general assembly from the fund for
these purposes. This subsection is repealed July 1, 2023.
Sec. 627. Section 232.147, subsection 2, paragraphs c, e,
and j, Code 2023, are amended to read as follows:
c. The child’s parent, guardian, or custodian, court
appointed special advocate, and guardian ad litem, and
the members of the child advocacy board created in section
237.16 or a local citizen foster care review board created in
accordance with section 237.19 who are assigning or reviewing
the child’s case.
e. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile
officer, or intake officer.
j. The department of human services.
Sec. 628. Section 232.147, subsection 3, paragraphs c, e,
and h, Code 2023, are amended to read as follows:
c. The child’s parent, guardian, or custodian, court
appointed special advocate, guardian ad litem, and the members
of the child advocacy board created in section 237.16 or a
local citizen foster care review board created in accordance
with section 237.19 who are assigning or reviewing the child’s
case.
e. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile court
officer, or intake officer.
h. The department of human services.
Sec. 629. Section 232.147, subsection 4, paragraphs c, f,
and j, Code 2023, are amended to read as follows:
-399- c. The child’s parent, guardian, or custodian, court
appointed special advocate, guardian ad litem, and the members
of the child advocacy board created in section 237.16 or a
local citizen foster care review board created in accordance
with section 237.19 who are assigning or reviewing the child’s
case.
f. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile court
officer, or intake officer.
j. The department of human services.
Sec. 630. Section 232.147, subsection 7, Code 2023, is
amended to read as follows:
7. Official juvenile court records enumerated in section
232.2, subsection 43, paragraph “e”, relating to paternity,
support, or the termination of parental rights, shall be
disclosed, upon request, to the child support recovery unit
services without court order.
Sec. 631. Section 232.149, subsection 5, paragraph h, Code
2023, is amended to read as follows:
h. The department of human services.
Sec. 632. Section 232.149A, subsection 3, paragraphs c and
e, Code 2023, are amended to read as follows:
c. The child’s parent, guardian, or custodian, court
appointed special advocate, and guardian ad litem, and
the members of the child advocacy board created in section
237.16 or a local citizen foster care review board created in
accordance with section 237.19 who are assigning or reviewing
the child’s case.
e. An agency, association, facility, or institution which
has custody of the child, or is legally responsible for the
care, treatment, or supervision of the child, including but not
limited to the department of human services.
Sec. 633. Section 232.158A, subsection 1, unnumbered
-400-paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding any provision of the interstate compact
on the placement of children under section 232.158 to the
contrary, the department of human services shall permit the
legal risk placement of a child under the interstate compact on
the placement of children if the prospective adoptive parent
provides a legal risk statement, in writing, acknowledging all
of the following:
Sec. 634. Section 232.158A, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. That the prospective adoptive parent assumes full legal,
financial, and other risks associated with the legal risk
placement and that the prospective adoptive parent agrees
to hold the department of human services harmless for any
disruption or failure of the placement.
Sec. 635. Section 232.160, Code 2023, is amended to read as
follows:
232.160 Department of health and human services as public
authority.
The “appropriate public authorities” as used in article III
of the interstate compact on the placement of children under
section 232.158 shall, with reference to this state, mean the
state department of health and human services and said the
department shall receive and act with reference to notices
required by article III of that interstate compact.
Sec. 636. Section 232.161, Code 2023, is amended to read as
follows:
232.161 Department as authority in receiving state.
As used in paragraph “a” of article V of the interstate
compact on the placement of children under section 232.158,
the phrase “appropriate authority in the receiving state” with
reference to this state shall mean means the state department
of health and human services.
Sec. 637. Section 232.162, Code 2023, is amended to read as
follows:
-401- 232.162 Authority to enter agreements.
The officers and agencies of this state and its subdivisions
having authority to place children may enter into agreements
with appropriate officers or agencies of or in other party
states pursuant to paragraph “b” of article V of the interstate
compact on the placement of children under section 232.158.
Any such agreement which contains a financial commitment or
imposes a financial obligation on this state or a subdivision
or agency of this state shall not be binding unless it has the
approval in writing of the administrator of child and family
services director or the director’s designee in the case of the
state and the county general assistance director in the case
of a subdivision of the state.
Sec. 638. Section 232.168, Code 2023, is amended to read as
follows:
232.168 Attorney general to enforce.
The attorney general may, on the attorney general’s own
initiative, institute any criminal and civil actions and
proceedings under this subchapter, at whatever stage of
placement necessary, to enforce the interstate compact on
the placement of children, including, but not limited to,
seeking enforcement of the provisions of the compact through
the courts of a party state. The department of human services
shall cooperate with the attorney general and shall refer any
placement or proposed placement to the attorney general which
may require enforcement measures.
Sec. 639. Section 232.171, subsection 4, Code 2023, is
amended to read as follows:
4. Article IV — Return of runaways.
a. (1) That the parent, guardian, or person or agency
entitled to legal custody of a juvenile who has not been
adjudged delinquent but who has run away without the consent
of such parent, guardian, or person or agency may petition
the appropriate court in the demanding state for the issuance
of a requisition for the juvenile’s return. The petition
-402-shall state the name and age of the juvenile, the name of the
petitioner and the basis of entitlement to the juvenile’s
custody, the circumstances of the juvenile’s running away,
the juvenile’s location if known at the time application
is made, and such other facts as may tend to show that the
juvenile who has run away is endangering the juvenile’s own
welfare or the welfare of others and is not an emancipated
minor. The petition shall be verified by affidavit, shall
be executed in duplicate, and shall be accompanied by two
certified copies of the document or documents on which the
petitioner’s entitlement to the juvenile’s custody is based,
such as birth certificates, letters of guardianship, or custody
decrees. Such further affidavits and other documents as may
be deemed proper may be submitted with such petition. The
judge of the court to which this application is made may hold a
hearing thereon to determine whether for the purposes of this
compact the petitioner is entitled to the legal custody of the
juvenile, whether or not it appears that the juvenile has in
fact run away without consent, whether or not the juvenile is
an emancipated minor, and whether or not it is in the best
interest of the juvenile to compel the juvenile’s return to
the state. If the judge determines, either with or without a
hearing, that the juvenile should be returned, the judge shall
present to the appropriate court or to the executive authority
of the state where the juvenile is alleged to be located a
written requisition for the return of such juvenile. Such
requisition shall set forth the name and age of the juvenile,
the determination of the court that the juvenile has run away
without the consent of a parent, guardian, or person or agency
entitled to the juvenile’s legal custody, and that it is in
the best interest and for the protection of such juvenile that
the juvenile be returned. In the event that a proceeding for
the adjudication of the juvenile as a delinquent, neglected or
dependent juvenile is pending in the court at the time when
such juvenile runs away, the court may issue a requisition for
-403-the return of such juvenile upon its own motion, regardless
of the consent of the parent, guardian, or person or agency
entitled to legal custody, reciting therein the nature and
circumstances of the pending proceeding. The requisition shall
in every case be executed in duplicate and shall be signed by
the judge. One copy of the requisition shall be filed with the
compact administrator of the demanding state, there to remain
on file subject to the provisions of law governing records
of such court. Upon the receipt of a requisition demanding
the return of a juvenile who has run away, the court or the
executive authority to whom the requisition is addressed shall
issue an order to any peace officer or other appropriate person
directing the officer or person to take into custody and detain
such juvenile. Such detention order must substantially recite
the facts necessary to the validity of its issuance hereunder.
No juvenile detained upon such order shall be delivered over
to the officer whom the court demanding the juvenile shall
have appointed to receive the juvenile, unless the juvenile
shall first be taken forthwith before a judge of a court in the
state, who shall inform the juvenile of the demand made for
the juvenile’s return, and who may appoint counsel or guardian
ad litem for the juvenile. If the judge of such court shall
find that the requisition is in order, the judge shall deliver
such juvenile over to the officer whom the court demanding the
juvenile shall have appointed to receive the juvenile. The
judge, however, may fix a reasonable time to be allowed for the
purpose of testing the legality of the proceeding.
(2) Upon reasonable information that a person is a juvenile
who has run away from another state party to this compact
without the consent of a parent, guardian, or person or agency
entitled to the juvenile’s legal custody, such juvenile may be
taken into custody without a requisition and brought forthwith
before a judge of the appropriate court who may appoint counsel
or guardian ad litem for such juvenile and who shall determine
after a hearing whether sufficient cause exists to hold the
-404-person, subject to the order of the court, for the person’s own
protection and welfare, for such a time not exceeding ninety
days as will enable the person’s return to another state party
to this compact pursuant to a requisition for the person’s
return from a court of that state. If, at the time when a
state seeks the return of a juvenile who has run away, there is
pending in the state wherein the juvenile is found any criminal
charge, or any proceeding to have the juvenile adjudicated a
delinquent juvenile for an act committed in such state, or
if the juvenile is suspected of having committed within such
state a criminal offense or an act of juvenile delinquency,
the juvenile shall not be returned without the consent of
such state until discharged from prosecution or other form of
proceeding, imprisonment, detention or supervision for such
offense or juvenile delinquency. The duly accredited officers
of any state party to this compact, upon the establishment
of their authority and the identity of the juvenile being
returned, shall be permitted to transport such juvenile through
any and all states party to this compact, without interference.
Upon the juvenile’s return to the state from which the juvenile
ran away, the juvenile shall be subject to such further
proceedings as may be appropriate under the laws of that state.
b. That the state to which a juvenile is returned under this
article shall be responsible for payment of the transportation
costs of such return.
c. That “juvenile” as used in this article means any person
who is a minor under the law of the state of residence of the
parent, guardian, or person or agency entitled to the legal
custody of such minor.
Sec. 640. Section 232.171, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. That the duly constituted judicial and administrative
authorities of a state party to this compact, herein called
“sending state”, may permit any delinquent juvenile within
such state, placed on probation or parole, to reside in any
-405-other state party to this compact, herein called “receiving
state”, while on probation or parole, and the receiving
state shall accept such delinquent juvenile, if the parent,
guardian, or person entitled to the legal custody of such
delinquent juvenile is residing or undertakes to reside
within the receiving state. Before granting such permission,
opportunity shall be given to the receiving state to make such
investigations as it deems necessary. The authorities of the
sending state shall send to the authorities of the receiving
state copies of pertinent court orders, social case studies
and all other available information which may be of value to
and assist the receiving state in supervising a probationer
or parolee under this compact. A receiving state, in its
discretion, may agree to accept supervision of a probationer or
parolee in cases where the parent, guardian, or person entitled
to the legal custody of the delinquent juvenile is not a
resident of the receiving state, and if so accepted the sending
state may transfer supervision accordingly.
Sec. 641. Section 232.171, subsection 10, paragraph f, Code
2023, is amended to read as follows:
f. Provide that the consent of the parent, guardian, or
person or agency entitled to the legal custody of said the
delinquent juvenile shall be secured prior to the juvenile
being sent to another state; and
Sec. 642. Section 232.188, Code 2023, is amended to read as
follows:
232.188 Decategorization of child welfare and juvenile
justice funding initiative.
1. Definitions. For the purposes of this section, unless
the context otherwise requires:
a. “Decategorization governance board” or “governance
board” means the group that enters into and implements a
decategorization project agreement.
b. “Decategorization project” means the county or counties
that have entered into a decategorization agreement to
-406-implement the decategorization initiative in the county or
multicounty area covered by the agreement.
c. “Decategorization services funding pool” or “funding pool”
means the funding designated for a decategorization project
from all sources.
2. Purpose. The decategorization of the child welfare and
juvenile justice funding initiative is intended to establish
a system of delivering human services based upon client needs
to replace a system based upon a multitude of categorical
programs and funding sources, each with different service
definitions and eligibility requirements. The purposes of
the decategorization initiative include but are not limited
to redirecting child welfare and juvenile justice funding
to services which are more preventive, family-centered,
and community-based in order to reduce use of restrictive
approaches which rely upon institutional, out-of-home, and
out-of-community services.
3. Implementation.
a. Implementation of the initiative shall be through
creation of decategorization projects. A project shall consist
of either a single county or a group of counties interested
in jointly implementing the initiative. Representatives of
the department, juvenile court services, and county government
shall develop a project agreement to implement the initiative
within a project.
b. The initiative shall include community planning
activities in the area covered by a project. As part of
the community planning activities, the department shall
partner with other community stakeholders to develop service
alternatives that provide less restrictive levels of care for
children and families receiving services from the child welfare
and juvenile justice systems within the project area.
c. The decategorization initiative shall not be implemented
in a manner that limits the legal rights of children and
families to receive services.
-407- 4. Governance board.
a. In partnership with an interested county or group of
counties which has demonstrated the commitment and involvement
of the affected county department, or departments, of human
services, the juvenile justice system within the project
area, and board, or boards, of supervisors in order to form
a decategorization project, the department shall develop
a process for combining specific state and state-federal
funding categories into a decategorization services funding
pool for that project. A decategorization project shall be
implemented by a decategorization governance board. The
decategorization governance board shall develop specific,
quantifiable short-term and long-term plans for enhancing the
family-centered and community-based services and reducing
reliance upon out-of-community care in the project area.
b. The department shall work with the decategorization
governance boards to best coordinate planning activities and
most effectively target funding resources. A departmental
service area manager The department shall work with the
decategorization governance boards in that service area to
support board planning and service development activities and
to promote the most effective alignment of resources.
c. A decategorization governance board shall coordinate
the project’s planning and budgeting activities with the
departmental service area manager department’s designee for the
county or counties comprising the project area and the early
childhood Iowa area board or boards for the early childhood
Iowa area or areas within which the decategorization project
is located.
5. Funding pool.
a. The governance board for a decategorization project has
authority over the project’s decategorization services funding
pool and shall manage the pool to provide more flexible,
individualized, family-centered, preventive, community-based,
comprehensive, and coordinated service systems for children and
-408-families served in that project area. A funding pool shall
also be used for child welfare and juvenile justice systems
enhancements.
b. Notwithstanding section 8.33, moneys designated for a
project’s decategorization services funding pool that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure as
directed by the project’s governance board for child welfare
and juvenile justice systems enhancements and other purposes
of the project for the next three succeeding fiscal years.
Such moneys shall be known as “carryover funding”. Moneys may
be made available to a funding pool from one or more of the
following sources:
(1) Funds designated for the initiative in a state
appropriation.
(2) Child welfare and juvenile justice services funds
designated for the initiative by a departmental service area
manager the department.
(3) Juvenile justice program funds designated for the
initiative by a chief juvenile court officer.
(4) Carryover funding.
(5) Any other source designating moneys for the funding
pool.
c. The services and activities funded from a project’s
funding pool may vary depending upon the strategies selected
by the project’s governance board and shall be detailed in an
annual child welfare and juvenile justice decategorization
services plan developed by the governance board. A
decategorization governance board shall involve community
representatives and county organizations in the development of
the plan for that project’s funding pool. In addition, the
governance board shall coordinate efforts through communication
with the appropriate departmental service area manager
department regarding budget planning and decategorization
service decisions.
-409- d. A decategorization governance board is responsible for
ensuring that decategorization services expenditures from that
project’s funding pool do not exceed the amount of funding
available. If necessary, the governance board shall reduce
expenditures or discontinue specific services as necessary to
manage within the funding pool resources available for a fiscal
year.
e. The annual child welfare and juvenile justice
decategorization services plan developed for use of the funding
pool by a decategorization governance board shall be submitted
to the department administrator of child welfare services
and the early childhood Iowa state board. In addition, the
decategorization governance board shall submit an annual
progress report to the department administrator and the early
childhood Iowa state board which summarizes the progress made
toward attaining the objectives contained in the plan. The
progress report shall serve as an opportunity for information
sharing and feedback.
6. Departmental role. A The departmental service area’s
share of the child welfare appropriation that is not allocated
by law for the decategorization initiative shall be managed
by and is under the authority of the service area manager
department. A service area manager The department is
responsible for meeting the child welfare service needs in the
counties comprising the service area with the available funding
resources.
Sec. 643. Section 232.189, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Based upon a model reasonable efforts family court
initiative, the director of human services and the chief
justice of the supreme court or their designees shall jointly
establish and implement a statewide protocol for reasonable
efforts, as defined in section 232.102. In addition, the
director and the chief justice shall design and implement
a system for judicial and departmental reasonable efforts
-410-education for deployment throughout the state. The system for
reasonable efforts education shall be developed in a manner
which addresses the particular needs of rural areas and shall
include but is not limited to all of the following topics:
Sec. 644. Section 232B.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 3A. “Department” means the department of
health and human services.
NEW SUBSECTION. 3B. “Director” means the director of health
and human services.
Sec. 645. Section 232B.9, subsections 8 and 9, Code 2023,
are amended to read as follows:
8. A record of each foster care placement, emergency
removal, preadoptive placement, or adoptive placement of an
Indian child, under the laws of this state, shall be maintained
in perpetuity by the department of human services in accordance
with section 232B.13. The record shall document the active
efforts to comply with the applicable order of preference
specified in this section.
9. The state of Iowa recognizes the authority of Indian
tribes to license foster homes and to license agencies to
receive children for control, care, and maintenance outside
of the children’s own homes, or to place, receive, arrange
the placement of, or assist in the placement of children for
foster care or adoption. The department of human services and
child-placing agencies licensed under chapter 238 may place
children in foster homes and facilities licensed by an Indian
tribe.
Sec. 646. Section 232B.11, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The director of human services or the director’s designee
shall make a good faith effort to enter into agreements
with Indian tribes regarding jurisdiction over child custody
proceedings and the care and custody of Indian children whose
tribes have land within Iowa, including but not limited to
-411-the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
the Winnebago tribe, and whose tribes have an Indian child
who resides in the state of Iowa. An agreement shall seek to
promote the continued existence and integrity of the Indian
tribe as a political entity and the vital interest of Indian
children in securing and maintaining a political, cultural,
and social relationship with their tribes. An agreement
shall assure that tribal services and Indian organizations
or agencies are used to the greatest extent practicable in
planning and implementing any action pursuant to the agreement
concerning the care and custody of Indian children. If tribal
services are not available, an agreement shall assure that
community services and resources developed specifically for
Indian families will be used.
2. If an agreement entered into between the tribe and the
department of human services pertaining to the funding of
foster care placements for Indian children conflicts with any
federal or state law, the state in a timely, good faith manner
shall agree to amend the agreement in a way that prevents any
interruption of services to eligible Indian children.
Sec. 647. Section 232B.12, Code 2023, is amended to read as
follows:
232B.12 Payment of foster care expenses.
1. If the department of human services has legal custody
of an Indian child and that child is placed in foster care
according to the placement preferences under section 232B.9
the state shall pay, subject to any applicable federal funding
limitations and requirements, the cost of the foster care in
the manner and to the same extent the state pays for foster
care of non-Indian children, including the administrative and
training costs associated with the placement. In addition,
the state shall pay the other costs related to the foster care
placement of an Indian child as may be provided for in an
agreement entered into between a tribe and the state.
2. The department of human services may, subject to any
-412-applicable federal funding limitations and requirements and
within funds appropriated for foster care services, purchase
care for Indian children who are in the custody of a federally
recognized Indian tribe or tribally licensed child-placing
agency pursuant to parental consent, tribal court order, or
state court order; and the purchase of the care is subject to
the same eligibility standards and rates of support applicable
to other children for whom the department purchases care.
Sec. 648. Section 232B.13, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. The department of human services shall establish an
automated database where a permanent record shall be maintained
of every involuntary or voluntary foster care, preadoptive
placement, or adoptive placement of an Indian child that is
ordered by a court of this state and in which the department
was involved. The automated record shall document the active
efforts made to comply with the order of placement preference
specified in section 232B.9. An Indian child’s placement
record shall be maintained in perpetuity by the department
of human services and shall include but is not limited to
the name, birthdate, and gender of the Indian child, and the
location of the local department office that maintains the
original file and documents containing the information listed
in subsection 2.
3. If a court orders the foster care, preadoptive placement,
or adoptive placement of an Indian child, the court and any
state-licensed child-placing agency involved in the placement
shall provide the department of human services with the records
described in subsections 1 and 2.
4. A record maintained pursuant to this section by the
department of human services, a county department of human
services, state-licensed child-placing agency, private
attorney, or medical facility shall be made available within
seven days of a request for the record by the Indian child’s
tribe or the secretary of the interior.
-413- 5. Upon the request of an Indian individual who is eighteen
years of age or older, or upon the request of an Indian
child’s parent, Indian custodian, attorney, guardian ad litem,
guardian, legal custodian, or caseworker of the Indian child,
the department of human services, a county department of
human services, state-licensed child-placing agency, private
attorney, or medical facility shall provide access to the
records pertaining to the Indian individual or child maintained
pursuant to this section. The records shall also be made
available upon the request of the descendants of the Indian
individual or child. A record shall be made available within
seven days of a request for the record by any person authorized
by this subsection to make the request.
Sec. 649. Section 232B.14, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services, in consultation
with Indian tribes, shall establish standards and procedures
for the department’s review of cases subject to this chapter
and methods for monitoring the department’s compliance with
provisions of the federal Indian Child Welfare Act and this
chapter. These standards and procedures and the monitoring
methods shall be integrated into the department’s structure
and plan for the federal government’s child and family service
review process and any program improvement plan resulting from
that process.
Sec. 650. Section 232C.2, subsection 1, Code 2023, is
amended to read as follows:
1. Prior to an emancipation hearing held pursuant to
section 232C.1, the court, on its own motion, may stay the
proceedings, and refer the parties to mediation or request
that the department of health and human services investigate
any allegations of child abuse or neglect contained in the
petition, and order that a written report be prepared and filed
by the department.
Sec. 651. Section 232C.4, subsection 6, Code 2023, is
-414-amended to read as follows:
6. A parent who is absolved of child support obligations
pursuant to an emancipation order shall notify the child
support recovery unit services of the department of health and
human services of the emancipation.
Sec. 652. Section 232D.204, subsection 4, Code 2023, is
amended to read as follows:
4. A proceeding under this section shall not create a new
eligibility category for the department of health and human
services protective services.
Sec. 653. Section 232D.307, subsection 3, Code 2023, is
amended to read as follows:
3. The judicial branch in conjunction with the department
of public safety, the department of health and human services,
and the state chief information officer shall establish
procedures for electronic access to the single contact
repository necessary to conduct background checks requested
under subsection 1.
Sec. 654. Section 233.2, subsection 2, paragraphs c and d,
Code 2023, are amended to read as follows:
c. If the physical custody of the newborn infant is
relinquished at an institutional health facility, the state
shall reimburse the institutional health facility for the
institutional health facility’s actual expenses in providing
care to the newborn infant and in performing acts necessary to
protect the physical health or safety of the newborn infant.
The reimbursement shall be paid from moneys appropriated for
this purpose to the department of health and human services.
d. If the name of the parent is unknown to the institutional
health facility, the individual on duty or other person
designated by the institutional health facility at which
physical custody of the newborn infant was relinquished shall
submit the certificate of birth report as required pursuant to
section 144.14. If the name of the parent is disclosed to the
institutional health facility, the facility shall submit the
-415-certificate of birth report as required pursuant to section
144.13. The department of public health and human services
shall not file the certificate of birth with the county of
birth and shall otherwise maintain the confidentiality of the
birth certificate in accordance with section 144.43.
Sec. 655. Section 233.2, subsection 3, Code 2023, is amended
to read as follows:
3. As soon as possible after the individual on duty or first
responder assumes physical custody of a newborn infant released
under subsection 1, the individual or first responder shall
notify the department of health and human services and the
department shall take the actions necessary to assume the care,
control, and custody of the newborn infant. The department
shall immediately notify the juvenile court and the county
attorney of the department’s action and the circumstances
surrounding the action and request an ex parte order from the
juvenile court ordering, in accordance with the requirements of
section 232.78, the department to take custody of the newborn
infant. Upon receiving the order, the department shall take
custody of the newborn infant. Within twenty-four hours of
taking custody of the newborn infant, the department shall
notify the juvenile court and the county attorney in writing
of the department’s action and the circumstances surrounding
the action.
Sec. 656. Section 233.6, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The department of health and human services, in consultation
with the Iowa department of public health and the department of
justice, shall develop and distribute the following:
Sec. 657. Section 233A.1, Code 2023, is amended to read as
follows:
233A.1 State training school — Eldora.
1. Effective January 1, 1992, a diagnosis and evaluation
center and other units are established at the state training
school to provide court-committed male juvenile delinquents a
-416-program which focuses upon appropriate developmental skills,
treatment, placements, and rehabilitation.
2. The diagnosis and evaluation center which is used to
identify appropriate treatment and placement alternatives for
juveniles and any other units for juvenile delinquents which
are located at Eldora shall be known as the “state training
school”.
3. For the purposes of this chapter “director”:
a. “Department” means the department of health and human
services.
b. “Director”means the director of health and human
services and “superintendent”.
c. “State training school” means the diagnosis and
evaluation center which is used to identify appropriate
treatment and placement alternatives for juveniles and any
other units for juvenile delinquents which are located at
Eldora.
d. “Superintendent”means the administrator in charge of the
diagnosis and evaluation center for juvenile delinquents and
other units at the state training school.
3. 4. The number of children present at any one time at
the state training school shall not exceed the population
guidelines established under 1990 Iowa Acts, ch.1239, §21, as
adjusted for subsequent changes in the capacity at the training
school.
Sec. 658. Section 233A.3, Code 2023, is amended to read as
follows:
233A.3 Salary.
The salary of the superintendent of the state training
school shall be determined by the administrator director.
Sec. 659. Section 233A.6, Code 2023, is amended to read as
follows:
233A.6 Visits.
Members of the executive council, the attorney general,
the lieutenant governor, members of the general assembly,
-417-judges of the supreme and district court and court of appeals,
magistrates, county attorneys, and persons ordained or
designated as regular leaders of a religious community are
authorized to may visit the state training school at reasonable
times. No other person shall be granted admission except by
permission of the superintendent.
Sec. 660. Section 233A.7, Code 2023, is amended to read as
follows:
233A.7 Placing in families.
All children committed to and received in the state training
school may be placed by the department under foster care
arrangements, with any persons or in families of good standing
and character where they the children will be properly cared
for and educated. The cost of foster care provided under these
arrangements shall be paid as provided in section 234.35.
Sec. 661. Section 233A.8, Code 2023, is amended to read as
follows:
233A.8 Articles of agreement.
Such children shall be so A child placed in foster care as
provided in section 233A.7 shall be placed under articles of
agreement, approved by the administrator director and signed
by the person or persons taking them providing foster care and
by the superintendent. Said The articles of agreement shall
provide for the custody, care, education, maintenance, and
earnings of said children the child for a time to be fixed
specified in said the articles, which shall not extend beyond
the time when the persons bound shall attain the child attains
age of eighteen years of age.
Sec. 662. Section 233A.9, Code 2023, is amended to read as
follows:
233A.9 Resuming custody of child.
In case If a child so placed be in foster care as provided
in section 233A.7 is not given the care, education, treatment,
and maintenance required by such the articles of agreement, the
administrator director may cause the child to be taken from
-418-the person with whom placed and returned return the child to
the institution state training school, or may replace place
the child in a different foster care placement, or release, or
finally discharge the child as may seem best.
Sec. 663. Section 233A.10, Code 2023, is amended to read as
follows:
233A.10 Unlawful interference.
It shall be unlawful for any parent or other person not
a party to such the placing of a child in foster care to
interfere in any manner or assume or exercise any control over
such the child or the child’s earnings. Said The child’s
earnings shall be used, held, or otherwise applied for the
exclusive benefit of such the child, in accordance with section
234.37.
Sec. 664. Section 233A.11, Code 2023, is amended to read as
follows:
233A.11 County attorney to appear for child.
In case legal proceedings are necessary to enforce any
right conferred on any child by sections 233A.7 through
233A.10, the county attorney of the county in which such
proceedings should be instituted shall, on the request of the
superintendent, approved by subject to the approval of the
administrator director, institute and carry on, in the name of
the superintendent, out the proceedings in on behalf of the
superintendent.
Sec. 665. Section 233A.12, Code 2023, is amended to read as
follows:
233A.12 Discharge or parole.
The administrator director may at any time after one year’s
service order the discharge or parole of any inmate as a reward
for good conduct, and may, in exceptional cases, discharge or
parole inmates without regard to the length of their service
or conduct, when satisfied that the reasons therefor for the
discharge or parole are urgent and sufficient. If paroled upon
satisfactory evidence of reformation, the order may remain in
-419-effect or terminate under such rules as the administrator may
prescribe prescribed by the director.
Sec. 666. Section 233A.13, Code 2023, is amended to read as
follows:
233A.13 Binding out or discharge Discharge.
The binding out or the discharge of an inmate as reformed, or
having arrived at the age of eighteen years of age, shall be a
complete release from all penalties incurred by the conviction
for the offense upon which the child was committed to the
school.
Sec. 667. Section 233A.14, Code 2023, is amended to read as
follows:
233A.14 Transfers to other institutions.
The administrator director may transfer minor wards of
the state to the state training school minor wards of the
state from any institution under the administrator’s charge
director’s control, but no a person shall not be so transferred
who is mentally ill or has a mental illness or an intellectual
disability. Any child in the state training school who is
mentally ill has a mental illness or has an intellectual
disability may be transferred by the administrator director to
the proper state institution.
Sec. 668. Section 233A.15, Code 2023, is amended to read as
follows:
233A.15 Transfers to work in parks.
1. The administrator director may detail assign children,
classed as from the state training school deemed trustworthy,
from the state training school, to perform services for the
department of natural resources within the state parks, state
game and forest areas, and other lands under the jurisdiction
of the department of natural resources. The department of
natural resources shall provide permanent housing and work
guidance supervision, but the care and custody of the children
so detailed assigned shall remain under employees of the
division of child and family services of with the department of
-420-human services. All such programs shall have as their primary
purpose and shall provide for inculcation or the activation of
attitudes, skills, and habit patterns which will be conducive
to the habilitation of the youths children involved.
2. The administrator is hereby authorized to director
may use state-owned mobile housing equipment and facilities
in performing services at temporary locations in the areas
described in subsection 1.
Sec. 669. Section 234.1, Code 2023, is amended to read as
follows:
234.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the division.
2. 1. “Child” means either a person less than eighteen
years of age or a person eighteen, nineteen, or twenty years of
age who meets all of the following conditions:
a. The person was placed by court order issued pursuant
to chapter 232 in foster care or in an institution listed in
section 218.1 and either of the following situations apply to
the person:
(1) After reaching eighteen years of age, the person
has remained continuously and voluntarily under the care
of an individual, as defined in section 237.1, licensed to
provide foster care pursuant to chapter 237 or in a supervised
apartment living arrangement, in this state.
(2) The person aged out of foster care after reaching
eighteen years of age and subsequently voluntarily applied for
placement with an individual, as defined in section 237.1,
licensed to provide foster care pursuant to chapter 237 or for
placement in a supervised apartment living arrangement, in this
state.
b. The person has demonstrated a willingness to participate
in case planning and to complete the responsibilities
prescribed in the person’s case permanency plan.
-421- c. The department has made an application for the person
for adult services upon a determination that it is likely the
person will need or be eligible for services or other support
from the adult services system.
3. “Division” or “state division” means that division of the
department of human services to which the director has assigned
responsibility for income and service programs.
4. “Food assistance program” means the benefits provided
through the United States department of agriculture program
administered by the department of human services in accordance
with 7 C.F.R. pts.270 – 283.
2. “Council” means the council on health and human services.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
5. “Food programs” means the food stamp supplemental
nutrition assistance program and donated foods programs
authorized by federal law under the United States department
of agriculture.
6. “Supplemental nutrition assistance program” or “SNAP”
means benefits provided by the federal program administered
through 7 C.F.R.pts.270 – 280, as amended.
Sec. 670. Section 234.4, Code 2023, is amended to read as
follows:
234.4 Education of children in departmental programs.
If the department of human services has custody or has other
responsibility for a child based upon the child’s involvement
in a departmental program involving foster care, preadoption or
adoption, or subsidized guardianship placement and the child
is subject to the compulsory attendance law under chapter 299,
the department shall fulfill the responsibilities outlined in
section 299.1 and other responsibilities under federal and
state law regarding the child’s school attendance. As part
of fulfilling the responsibilities described in this section,
-422-if the department has custody or other responsibility for
placement and care of a child and the child transfers to a
different school during or immediately preceding the period of
custody or other responsibility, within the first six weeks of
the transfer date the department shall assess the student’s
degree of success in adjusting to the different school.
Sec. 671. Section 234.6, Code 2023, is amended to read as
follows:
234.6 Powers and duties of the administrator director.
1. The administrator shall be vested with the authority
to director shall administer the family investment program,
state supplementary assistance, food programs, child welfare,
and emergency relief, family and adult service programs, and
any other form of public welfare assistance and institutions
that are placed under the administrator’s director’s
administration. The administrator director shall perform
duties, shall formulate and adopt rules as may be necessary,
and shall outline policies, dictate procedure, and delegate
such powers as may be necessary for competent and efficient
administration. Subject to restrictions that may be imposed
by the director of human services and the council on human
services, the administrator director may abolish, alter,
consolidate, or establish subdivisions subunits and may abolish
or change offices previously created existing subunits. The
administrator director may employ necessary personnel and
fix determine their compensation; may allocate or reallocate
functions and duties among any subdivisions now existing or
later established subunits; and may adopt rules relating to the
employment of personnel and the allocation of their functions
and duties among the various subdivisions subunits as required
for competent and efficient administration may require. The
administrator director shall do all of the following:
a. Cooperate with the social security administration created
by the Social Security Act and codified at 42 U.S.C. §901,
or other agency of the federal government for public welfare
-423- assistance, in such reasonable manner as may be necessary to
qualify for federal aid, including the making of such reports
in such form and containing such information as the social
security administration, from time to time, may require,
and to comply with such regulations as such social security
administration, from time to time, may find necessary to assure
the correctness and verification of such reports.
b. Furnish information to acquaint the public generally
with the operation of the federal Acts under the director’s
jurisdiction of the administrator.
c. With the approval of the director of human services,
the governor, the director of the department of management,
and the director of the department of administrative services,
set up establish an administrative fund from the funds under
the administrator’s director’s control and management an
administrative fund and from the administrative fund pay the
expenses of operating the division department’s duties under
this chapter.
d. Notwithstanding any provisions to the contrary in chapter
239B relating to the consideration of income and resources
of claimants for assistance, the administrator, and with the
consent and approval of the director of human services and
the council on human services, shall make such adopt rules as
may be necessary to qualify for federal aid in the assistance
programs administered by the administrator director.
e. Have authority to use Use funds available to the
department, subject to any limitations placed on the use
thereof of the funds by the legislation appropriating the
funds, to provide to or purchase, for eligible families and
individuals eligible therefor, services including but not
limited to the following:
(1) Child care for children or adult day services, in
facilities which are licensed or are approved as meeting
standards for licensure.
(2) Foster care, including foster family care, group homes,
-424-and institutions.
(3) Family-centered services, as defined in section
232.102A, subsection 1, paragraph “b”.
(4) Family planning.
(5) Protective services.
(6) Services or support provided to a child with an
intellectual disability or other developmental disability or
to the child’s family.
(7) Transportation services.
(8) Any services, not otherwise enumerated in this
paragraph “e”, authorized by or pursuant to the United States
Social Security Act of 1934, as amended.
f. Administer the food programs authorized by federal law,
and recommend rules necessary in the administration of those
programs to the director for adoption pursuant to chapter 17A.
g. Provide consulting and technical services to the director
of the department of education, or the director’s designee,
upon request, relating to prekindergarten, kindergarten, and
before and after school programming and facilities.
h. Recommend rules for their adoption by the council on
human services for before and after school child care programs,
conducted within and by or contracted for by school districts,
that are appropriate for the ages of the children who receive
services under the programs.
2. The department of human services shall have the power
and authority to may use the funds available to it, to purchase
services of all kinds from public or private agencies to
provide for the needs of children, including but not limited to
psychiatric services, supervision, specialized group, foster
homes, and institutional care.
3. In determining the reimbursement rate for services
purchased by the department of human services from a person
or agency, the department shall not include private moneys
contributed to the person or agency unless the moneys are
contributed for services provided to a specific individual.
-425- Sec. 672. Section 234.7, Code 2023, is amended to read as
follows:
234.7 Department duties.
1. The department of human services shall comply with the
provision associated with child foster care licensees under
chapter 237 that requires that a child’s foster parent be
included in, and be provided timely notice of, planning and
review activities associated with the child, including but not
limited to permanency planning and placement review meetings,
which shall include discussion of the child’s rehabilitative
treatment needs.
2. a. The department of human services shall submit a
waiver request to the United States department of health and
human services as necessary to provide coverage under the
medical assistance program for children who are described by
both of the following:
(1) The child needs behavioral health care services and
qualifies for the care level provided by a psychiatric medical
institution for children licensed under chapter 135H.
(2) The child is in need of treatment to cure or alleviate
serious mental illness or disorder, or emotional damage
as evidenced by severe anxiety, depression, withdrawal, or
untoward aggressive behavior toward self or others and whose
parent, guardian, or custodian is unable to provide such
treatment.
b. The waiver request shall provide for appropriately
addressing the needs of children described in paragraph “a” by
implementing any of the following options: using a wraparound
services approach, renegotiating the medical assistance program
contract provisions for behavioral health services, or applying
another approach for appropriately meeting the children’s
needs.
c. If federal approval of the waiver request is not
received, the department shall submit options to the governor
and general assembly to meet the needs of such children through
-426-a state-funded program.
Sec. 673. Section 234.8, Code 2023, is amended to read as
follows:
234.8 Fees for child welfare services.
The department of human services may charge a fee for
child welfare services to a person liable for the cost of the
services. The fee shall not exceed the reasonable cost of the
services. The fee shall be based upon the person’s ability
to pay and consideration of the fee’s impact upon the liable
person’s family and the goals identified in the case permanency
plan. The department may assess the liable person for the fee
and the means of recovery shall include a setoff against an
amount owed by a state agency to the person assessed pursuant
to section 8A.504. In addition the department may establish
an administrative process to recover the assessment through
automatic income withholding. The department shall adopt
rules pursuant to chapter 17A to implement the provisions of
this section. This section does not apply to court-ordered
services provided to juveniles which are a charge upon the
state pursuant to section 232.141 and services for which the
department has established a support obligation pursuant to
section 234.39.
Sec. 674. Section 234.12, Code 2023, is amended to read as
follows:
234.12 Department to provide food programs.
1. The department of human services is authorized to
may enter into such agreements with agencies of the federal
government as are necessary in order to make available to the
people of this state any federal food programs which may, under
federal laws and regulations, be implemented in this state.
Each such program shall be implemented in every county in the
state, or in each county where implementation is permitted by
federal laws and regulations.
2. The provisions of the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Pub.L.
-427-No.104-193, §115, shall not apply to an applicant for or
recipient of food stamp supplemental nutrition assistance
program benefits in this state. However, the department of
human services may apply contingent eligibility requirements as
provided under state law and allowed under federal law.
3. Upon request by the department of human services,
the department of inspections and appeals shall conduct
investigations into possible fraudulent practices, as described
in section 234.13, relating to food programs administered by
the department of human services.
Sec. 675. Section 234.12A, Code 2023, is amended to read as
follows:
234.12A Electronic benefits transfer program.
1. The department of human services shall maintain an
electronic benefits transfer program utilizing electronic funds
transfer systems for the food supplemental nutrition assistance
program. The electronic benefits transfer program implemented
under this section shall not require a retailer to make cash
disbursements or to provide, purchase, or upgrade electronic
funds transfer system equipment as a condition of participation
in the program.
2. A point-of-sale terminal which is used only for purchases
from a retailer by electronic benefits transfer utilizing
electronic funds transfer systems is not a satellite terminal
as defined in section 527.2.
3. For the purposes of this section, “retailer” means
a business authorized by the United States department of
agriculture to accept food supplemental nutrition assistance
program benefits.
Sec. 676. Section 234.13, Code 2023, is amended to read as
follows:
234.13 Fraudulent practices relating to food programs.
For the purposes of this section, unless the context
otherwise requires, “benefit transfer instrument” means a
food stamp supplemental nutrition assistance program coupon,
-428-authorization-to-purchase card, or electronic benefits transfer
card. A person commits a fraudulent practice if that person
does any of the following:
1. With intent to gain financial assistance to which that
person is not entitled, knowingly makes or causes to be made a
false statement or representation or knowingly fails to report
to an employee of the department of human services any change
in income, resources or other circumstances affecting that
person’s entitlement to such financial assistance.
2. As a beneficiary of the food programs, transfers any
food stamp supplemental nutrition assistance program benefit
transfer instrument to any other individual with intent that
the benefit transfer instrument be used for the benefit of
someone other than persons within the beneficiary’s food
stamp supplemental nutrition assistance program household as
certified by the department of human services.
3. Knowingly acquires, uses or attempts to use any food
stamp supplemental nutrition assistance program benefit
transfer instrument which was not issued for the benefit of
that person’s food stamp supplemental nutrition assistance
program household by the department of human services, or by an
agency administering food programs in another state.
4. Acquires, alters, transfers, or redeems a food stamp
supplemental nutrition assistance benefit transfer instrument
or possesses a benefit transfer instrument, knowing that the
benefit transfer instrument has been received, transferred,
or used in violation of this section or the provisions of the
federal food stamp supplemental nutrition assistance program
under 7 U.S.C. ch.51 or the federal regulations issued
pursuant to that chapter.
Sec. 677. Section 234.14, Code 2023, is amended to read as
follows:
234.14 Federal grants.
The state treasurer is hereby authorized to may receive such
federal funds as may be made available for carrying out any of
-429-the activities and functions of the state division department
under this chapter, and all such funds are hereby appropriated
for expenditure upon authorization of the administrator
director.
Sec. 678. Section 234.21, Code 2023, is amended to read as
follows:
234.21 Services to be offered.
The state division department may offer, provide to,
or purchase family planning and birth control services to
for every person who is an eligible applicant or recipient
of service services or any financial assistance from the
department of human services, or who is receiving federal
supplementary security income as defined in section 249.1.
Sec. 679. Section 234.22, Code 2023, is amended to read as
follows:
234.22 Extent of services.
Such The family planning and birth control services
may include interview interviews with trained personnel;
distribution of literature; referral to a licensed physician
or physician assistant for consultation, examination, tests,
medical treatment, and prescription prescriptions; and, to
the extent so prescribed, the distribution of rhythm charts,
drugs, medical preparations, contraceptive devices, and similar
products.
Sec. 680. Section 234.23, Code 2023, is amended to read as
follows:
234.23 Charge for services.
In making provision for and offering such services, the
state division department may charge those persons to whom
family planning and birth control services are rendered a fee
sufficient to reimburse the state division department all or
any portion of the costs of the services rendered.
Sec. 681. Section 234.35, Code 2023, is amended to read as
follows:
234.35 When state to pay foster care costs.
-430- 1. The department of human services is responsible for
paying the cost of foster care for a child, according to rates
established pursuant to section 234.38, under any of the
following circumstances:
a. When a court has committed the child to the director of
human services or the director’s designee.
b. When a court has transferred legal custody of the child
to the department of human services.
c. When the department has agreed to provide foster care
services for the child for a period of not more than ninety
days on the basis of a signed placement agreement between the
department and the child’s parent or guardian.
d. When the child has been placed in emergency care for
a period of not more than thirty days upon approval of the
director or the director’s designee.
e. When a court has entered an order transferring the legal
custody of the child to a foster care placement pursuant to
section 232.46, section 232.52, subsection 2, paragraph “d”, or
section 232.102, subsection 1. However, payment shall not be
made for a group foster care placement unless the group foster
care meets requirements as established by the department by
rule.
f. When the department has agreed to provide foster care
services for a child who is eighteen years of age or older
on the basis of a signed placement agreement between the
department and the child or the person acting on behalf of the
child.
g. When the department has agreed to provide foster care
services for the child on the basis of a signed placement
agreement initiated before July 1, 1992, between the department
and the child’s parent or guardian.
h. When the child is placed in shelter care pursuant to
section 232.20, subsection 1, or section 232.21.
2. Except as provided under section 234.38 for direct
payment of foster parents, payment for foster care costs shall
-431-be limited to foster care providers with whom the department
has a contract in force.
3. Payment for foster care services provided to a child
who is eighteen years of age or older shall be limited to the
following:
a. Family foster care or supervised apartment living
arrangements.
b. For a child who is at imminent risk of becoming homeless
or failing to graduate from high school or to obtain a general
education development diploma, if the services are in the
child’s best interest, funding is available for the services,
and an appropriate alternative service is unavailable.
Sec. 682. Section 234.37, Code 2023, is amended to read as
follows:
234.37 Department may establish accounts for certain
children.
The department of human services is authorized to may
establish an account in the name of any child committed to
the director of human services or the director’s designee, or
whose legal custody has been transferred to the department, or
who is voluntarily placed in foster care pursuant to section
234.35. Any money which the child receives from the United
States government or any private source shall be placed in the
child’s account, unless a guardian of the child’s property has
been appointed and demands the money, in which case it shall
be paid to the guardian. The account shall be maintained by
the department as trustee for the child in an interest-bearing
account at a reputable bank or savings association, except
that if the child is residing at an institution administered
by the department a limited amount of the child’s funds may be
maintained in a separate account, which need not be interest
bearing, in the child’s name at the institution. Any money
held in an account in the child’s name or in trust for the
child under this section may be used, at the discretion of the
department and subject to restrictions lawfully imposed by the
-432-United States government or other source from which the child
receives the funds, for the purchase of personal incidentals,
desires and comforts of the child. All of the money held for
a child by the department under this section and not used
in the child’s behalf as authorized by law shall be promptly
paid to the child or the child’s parent or legal guardian upon
termination of the commitment of the child to the director or
the director’s designee, or upon transfer or cessation of legal
custody of the child by the department.
Sec. 683. Section 234.38, Code 2023, is amended to read as
follows:
234.38 Foster care reimbursement rates.
The department of human services shall make reimbursement
payments directly to foster parents for services provided to
children pursuant to section 234.6, subsection 1, paragraph
“e”, subparagraph (2), or section 234.35. In any fiscal
year, the reimbursement rate shall be based upon sixty-five
percent of the United States department of agriculture
estimate of the cost to raise a child in the calendar year
immediately preceding the fiscal year. The department may pay
an additional stipend for a child with special needs.
Sec. 684. Section 234.39, Code 2023, is amended to read as
follows:
234.39 Responsibility for cost of services.
1. It is the intent of this chapter that an individual
receiving foster care services and the individual’s parents or
guardians shall have primary responsibility for paying the cost
of the care and services. The support obligation established
and adopted under this section shall be consistent with the
limitations on legal liability established under sections
222.78 and 230.15, and by any other statute limiting legal
responsibility for support which may be imposed on a person for
the cost of care and services provided by the department. The
department shall notify an individual’s parents or guardians,
at the time of the placement of an individual in foster care,
-433-of the responsibility for paying the cost of care and services.
Support obligations shall be established as follows:
a. For an individual to whom section 234.35, subsection
1, is applicable, a dispositional order of the juvenile court
requiring the provision of foster care, or an administrative
order entered pursuant to chapter 252C, or any order
establishing paternity and support for a child in foster care,
shall establish, after notice and a reasonable opportunity to
be heard is provided to a parent or guardian, the amount of
the parent’s or guardian’s support obligation for the cost
of foster care provided by the department. The amount of
the parent’s or guardian’s support obligation and the amount
of support debt accrued and accruing shall be established in
accordance with the child support guidelines prescribed under
section 598.21B. However, the court, or the department of
human services in establishing support by administrative order,
may deviate from the prescribed obligation after considering
a recommendation by the department for expenses related to
goals and objectives of a case permanency plan as defined
under section 237.15, and upon written findings of fact which
specify the reason for deviation and the prescribed guidelines
amount. Any order for support shall direct the payment of the
support obligation to the collection services center for the
use of the department’s foster care recovery unit services.
The order shall be filed with the clerk of the district court
in which the responsible parent or guardian resides and has
the same force and effect as a judgment when entered in the
judgment docket and lien index. The collection services center
shall disburse the payments pursuant to the order and record
the disbursements. If payments are not made as ordered, the
child support recovery unit services may certify a default to
the court and the court may, on its own motion, proceed under
section 598.22 or 598.23 or the child support recovery unit
services may enforce the judgment as allowed by law. An order
entered under this paragraph may be modified only in accordance
-434-with the guidelines prescribed under section 598.21C, or under
chapter 252H.
b. For an individual who is served by the department of
human services under section 234.35, and is not subject to
a dispositional order of the juvenile court requiring the
provision of foster care, the department shall determine the
obligation of the individual’s parent or guardian pursuant
to chapter 252C and in accordance with the child support
guidelines prescribed under section 598.21B. However, the
department may adjust the prescribed obligation for expenses
related to goals and objectives of a case permanency plan
as defined under section 237.15. An obligation determined
under this paragraph may be modified only in accordance with
conditions under section 598.21C, or under chapter 252H.
2. A person entitled to periodic support payments pursuant
to an order or judgment entered in any action for support,
who also is or has a child receiving foster care services, is
deemed to have assigned to the department current and accruing
support payments attributable to the child effective as of the
date the child enters foster care placement, to the extent
of expenditure of foster care funds. The department shall
notify the clerk of the district court when a child entitled
to support payments is receiving foster care services pursuant
to chapter 234. Upon notification by the department that a
child entitled to periodic support payments is receiving foster
care services, the clerk of the district court shall make a
notation of the automatic assignment in the judgment docket and
lien index. The notation constitutes constructive notice of
assignment. The clerk of court shall furnish the department
with copies of all orders and decrees awarding support when
the child is receiving foster care services. At the time the
child ceases to receive foster care services, the assignment
of support shall be automatically terminated. Unpaid support
accrued under the assignment of support rights during the time
that the child was in foster care remains due to the department
-435-up to the amount of unreimbursed foster care funds expended.
The department shall notify the clerk of court of the automatic
termination of the assignment. Unless otherwise specified in
the support order, an equal and proportionate share of any
child support awarded shall be presumed to be payable on behalf
of each child subject to the order or judgment for purposes of
an assignment under this section.
3. The support debt for the costs of services, for which
a support obligation is established pursuant to this section,
which accrues prior to the establishment of the support debt,
shall be collected, at a maximum, in the amount which is the
amount of accrued support debt for the three months preceding
the earlier of the following:
a. The provision by the child support recovery unit services
of the initial notice to the parent or guardian of the amount
of the support obligation.
b. The date that the written request for a court hearing
is received by the child support recovery unit services as
provided in section 252C.3 or 252F.3.
4. If the department makes a subsidized guardianship
payment for a child, the payment shall be considered a foster
care payment for purposes of child support recovery services.
All provisions of this and other sections, and of rules and
orders adopted or entered pursuant to those sections, including
for the establishment of a paternity or support order, for
the amount of a support obligation, for the modification or
adjustment of a support obligation, for the assignment of
support, and for enforcement shall apply as if the child
were receiving foster care services, or were in foster care
placement, or as if foster care funds were being expended for
the child. This subsection shall apply regardless of the date
of placement in foster care or subsidized guardianship or the
date of entry of an order, and foster care and subsidized
guardianship shall be considered the same for purposes of child
support recovery services.
-436- Sec. 685. Section 234.40, Code 2023, is amended to read as
follows:
234.40 Corporal punishment.
The department of human services shall adopt rules
prohibiting corporal punishment of foster children by foster
parents licensed by the department. The rules shall allow
foster parents to use reasonable physical force to restrain a
foster child in order to prevent injury to the foster child,
injury to others, the destruction of property, or extremely
disruptive behavior. For the purposes of this section,
“corporal punishment” means the intentional physical punishment
of a foster child. A foster parent’s physical contact with
the body of a foster child shall not be considered corporal
punishment if the contact is reasonable and necessary under the
circumstances and is not designed or intended to cause pain or
if the foster parent uses reasonable force, as defined under
section 704.1.
Sec. 686. Section 234.41, Code 2023, is amended to read as
follows:
234.41 Tort actions.
A foster parent licensed by the department of human services
stands in the same relationship to the foster parent’s minor
foster child, for purposes of tort actions by or on behalf of
the foster child against the foster parent, as a biological
parent to the biological parent’s minor child who resides at
home. This section does not apply to a foster parent whose
malicious, willful and wanton conduct causes injury or damage
to a foster child or exposes the foster child to a danger
caused by violation of a statute or the rules of the department
of human services.
Sec. 687. Section 234.45, Code 2023, is amended to read as
follows:
234.45 Iowa marriage initiative grant fund.
1. An Iowa marriage initiative grant fund is established
in the state treasury under the authority of the department
-437-of human services. The grant fund shall consist of moneys
appropriated to the fund and notwithstanding section 8.33 such
moneys shall not revert to the fund from which appropriated
at the close of the fiscal year but shall remain in the Iowa
marriage initiative grant fund. Moneys credited to the fund
shall be used as directed in appropriations made by the general
assembly for funding of services to support marriage and to
encourage the formation and maintenance of two-parent families
that are secure and nurturing.
2. It is the intent of the general assembly to credit to the
Iowa marriage initiative grant fund, federal moneys provided
to the state for the express purpose of supporting marriage or
two-parent families.
Sec. 688. Section 234.46, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The division department shall establish a preparation for
adult living program directed to young adults. The purpose
of the program is to assist persons who are leaving foster
care and other court-ordered services at age eighteen or
older in making the transition to self-sufficiency. The
department shall adopt rules necessary for administration of
the program, including but not limited to eligibility criteria
for young adult participation and the services and other
support available under the program. The rules shall provide
for participation of each person who meets the definition of
young adult on the same basis, regardless of whether federal
financial participation is provided. The services and other
support available under the program may include but are not
limited to any of the following:
Sec. 689. Section 234.47, Code 2023, is amended to read as
follows:
234.47 State child care assistance and adoption subsidy
programs — expenditure projections.
The department of human services, the department of
management, and the legislative services agency shall utilize
-438-a joint process to arrive at consensus projections for
expenditures for the state child care assistance program under
section 237A.13 and adoption subsidy and other assistance
provided under section 600.17.
Sec. 690. Section 235.1, Code 2023, is amended to read as
follows:
235.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the same as defined in section
234.1.
2. 1. “Child” means the same as defined in section 234.1.
3. 2. “Child welfare services” means social welfare
services for the protection and care of children who are
homeless, dependent or neglected, or in danger of becoming
delinquent, or who have a mental illness or an intellectual
disability or other developmental disability, including, when
necessary, care and maintenance in a foster care facility.
Child welfare services are designed to serve a child in the
child’s home whenever possible. If not possible, and the child
is placed outside the child’s home, the placement should be in
the least restrictive setting available and in close proximity
to the child’s home.
4. “State division” means the same as defined in section
234.1.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
Sec. 691. Section 235.2, Code 2023, is amended to read as
follows:
235.2 Powers and duties of state division department.
The state division department, in addition to all other
powers and duties given it the department by law, shall:
1. Administer and enforce the provisions of this chapter.
-439- 2. Join and cooperate with the government of the United
States through its appropriate agency or instrumentality or
with any other officer or agency of the federal government in
planning, establishing, extending and strengthening public and
private child welfare services within the state.
3. Make such investigations Investigate and to obtain such
information as will to permit the administrator director to
determine the need for public child welfare services within the
state and within the several county departments thereof.
4. Apply for and receive any funds which are or may be
allotted to the state by the United States or any agency
thereof of the United States for the purpose of developing
child welfare services.
5. Make such reports and budget estimates to the governor
and to the general assembly as are required by law or such as
are necessary and proper to obtain the appropriation of state
funds for child welfare services within the state and for all
the purposes of this chapter.
6. Cooperate with the several county departments within the
state, and all county boards of supervisors and other public
or private agencies charged with the protection and care of
children, in the development of child welfare services.
7. Aid in the enforcement of all laws of the state for the
protection and care of children.
8. Cooperate with the juvenile courts of the state and with
the other administrators and divisions of the subunits within
the department of human services regarding the management and
control of state institutions and the inmates thereof of the
institutions.
Sec. 692. Section 235.3, Code 2023, is amended to read as
follows:
235.3 Powers and duties of administrator director.
The administrator director shall:
1. Plan and supervise all public child welfare services and
activities within the state as provided by this chapter.
-440- 2. Make such reports and obtain and furnish such information
from time to time as may be necessary to permit cooperation by
the state division director with the United States children’s
bureau, the social security administration, or any other
federal agency which is now or may hereafter be charged with
any duty regarding child care or child welfare services.
3. Adopt rules as necessary or advisable for the supervision
of the private child-caring agencies or their officers which
the administrator department is empowered to license and
supervise.
4. Supervise private institutions for the care of
dependent, neglected, and delinquent children, and make reports
regarding the institutions.
5. Designate and approve the private and county
institutions within the state to which neglected, dependent,
and delinquent children may be legally committed and to have
supervision of, supervise the care of children committed
thereto to these institutions, and have the right of visitation
to visit and inspection of said inspect these institutions at
all times.
6. Receive and keep on file annual reports from all
institutions to which children subject to the jurisdiction
of the juvenile court are committed, compile statistics
regarding juvenile delinquency, make reports regarding
juvenile delinquency, and study prevention and cure of juvenile
delinquency.
7. Require and receive from the clerks of the courts of
record within the state duplicates of the findings of the
courts upon petitions for adoption, and keep records and
compile statistics regarding adoptions.
8. License private child-placing agencies, make reports
regarding them the agencies, and revoke such licenses.
9. Make such rules and regulations as may be necessary
for the distribution and use of funds appropriated for child
welfare services.
-441- Sec. 693. Section 235.4, Code 2023, is amended to read as
follows:
235.4 Licenses.
Licenses issued to private boarding homes for children and
private child-placing agencies by the administrator department
shall remain in effect for the period for which issued, unless
sooner revoked according to law. Thereafter each of such the
agencies shall apply to the administrator department for a new
license, and shall submit to such rules regarding licensing as
the administrator prescribes prescribed by the department.
Sec. 694. Section 235.7, Code 2023, is amended to read as
follows:
235.7 Transition committees.
1. Committees established. The department of human services
shall establish and maintain local transition committees to
address the transition needs of those children receiving child
welfare services who are age sixteen or older and have a case
permanency plan as defined in section 232.2. The department
shall adopt rules establishing criteria for transition
committee membership, operating policies, and basic functions.
The rules shall provide flexibility for a committee to adopt
protocols and other procedures appropriate for the geographic
area addressed by the committee.
2. Membership. The department may authorize the governance
boards of decategorization of child welfare and juvenile
justice funding projects established under section 232.188 to
appoint the transition committee membership and may utilize
the boundaries of decategorization projects to establish
the service areas for transition committees. The committee
membership may include but is not limited to department of
human services staff involved with foster care, child welfare,
and adult services, juvenile court services staff, staff
involved with county general assistance or emergency relief
under chapter 251 or 252, or a regional administrator of the
county mental health and disability services region, as defined
-442-in section 331.388, in the area, school district and area
education agency staff involved with special education, and a
child’s court appointed special advocate, guardian ad litem,
service providers, and other persons knowledgeable about the
child.
3. Duties. A transition committee shall review and approve
the written plan of services required for the child’s case
permanency plan in accordance with section 232.2, subsection 4,
paragraph “g”, which, based upon an assessment of the child’s
needs, would assist the child in preparing for the transition
from foster care to adulthood. In addition, a transition
committee shall identify and act to address any gaps existing
in the services or other support available to meet the child
and adult needs of individuals for whom service plans are
approved.
Sec. 695. Section 235A.1, Code 2023, is amended to read as
follows:
235A.1 Child abuse prevention program.
1. a. A program for the prevention of child abuse is
established within the state department of health and human
services. Any moneys appropriated by the general assembly for
child abuse prevention shall be used by the department of human
services solely for the purposes of child abuse prevention and
shall not be expended for treatment or other service delivery
programs regularly maintained by the department. Moneys
appropriated for child abuse prevention shall be used by the
department through contract with an agency or organization
which shall administer the funds with maximum use of voluntary
administrative services for the following:
(1) Matching federal funds to purchase services relating to
community-based programs for the prevention of child abuse and
neglect.
(2) Funding the establishment or expansion of
community-based prevention projects or educational programs for
the prevention of child abuse and neglect.
-443- (3) To study and evaluate Studying and evaluating
community-based prevention projects and educational programs
for the problems of families and children.
b. Funds for the programs or projects shall be applied
for and received by a community-based volunteer coalition or
council.
2. The director of health and human services may accept
grants, gifts, and bequests from any source for the purposes
designated in subsection 1. The director shall remit funds so
received to the treasurer of state who shall deposit them the
funds in the general fund of the state for the use of the child
abuse prevention program.
Sec. 696. Section 235A.2, Code 2023, is amended to read as
follows:
235A.2 Child abuse prevention program fund.
1. A child abuse prevention program fund is created in
the state treasury under the control of the department of
health and human services. The fund is composed of moneys
appropriated or available to and obtained or accepted by the
treasurer of state for deposit in the fund. The fund shall
include moneys transferred to the fund pursuant to an income
tax checkoff provided in chapter 422, subchapter II, if
applicable. All interest earned on moneys in the fund shall
be credited to and remain in the fund. Section 8.33 does not
apply to moneys in the fund.
2. Moneys in the fund that are authorized by the department
for expenditure are appropriated, and shall be used, for the
purposes described in section 235A.1 of preventing child abuse
and neglect.
Sec. 697. NEW SECTION. 235A.3 Child abuse prevention
program advisory committee.
The council on health and human services shall establish a
child abuse prevention program advisory committee to support
the child abuse prevention program implemented in accordance
with section 235A.1. The duties of the advisory committee
-444-shall include all of the following:
1. Advise the director of health and human services
regarding expenditures of funds received for the child abuse
prevention program.
2. Review the implementation and effectiveness of
legislation and administrative rules concerning the child abuse
prevention program.
3. Recommend changes in legislation and administrative
rules to the general assembly and the appropriate department
officials.
4. Require reports from state agencies and other entities as
necessary to perform its duties.
5. Receive and review complaints from the public concerning
the operation and management of the child abuse prevention
program.
6. Approve grant proposals.
Sec. 698. Section 235A.13, Code 2023, is amended to read as
follows:
235A.13 Definitions.
The definitions in section 232.68 are applicable to this
subchapter unless the context otherwise requires.As used
in chapter 232, subchapter III, part 2, and this subchapter,
unless the context otherwise requires:
1. “Assessment data” means any of the following information
pertaining to the department’s evaluation of a family:
a. Identification of the strengths and needs of the child,
and of the child’s parent, home, and family.
b. Identification of services available from the department
and informal and formal services and other support available in
the community to meet identified strengths and needs.
2. “Child abuse information” means any or all of the
following data maintained by the department in a manual or
automated data storage system and individually identified:
a. Report data.
b. Assessment data.
-445- c. Disposition data.
3. “Confidentiality” means the withholding of information
from any manner of communication, public or private.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
6. “Disposition data” means information pertaining to
an opinion or decision as to the occurrence of child abuse,
including:
a. Any intermediate or ultimate opinion or decision reached
by assessment personnel.
b. Any opinion or decision reached in the course of judicial
proceedings.
c. The present status of any case.
6. 7. “Expungement” means the process of destroying child
abuse information.
7. 8. “Individually identified” means any report,
assessment, or disposition data which names the person or
persons responsible or believed responsible for the child
abuse.
8. 9. “Multidisciplinary team” means a group of individuals
who possess knowledge and skills related to the diagnosis,
assessment, and disposition of child abuse cases and who are
professionals practicing in the disciplines of medicine,
nursing, public health, substance abuse use disorder, domestic
violence, mental health, social work, child development,
education, law, juvenile probation, or law enforcement, or a
group established pursuant to section 235B.1, subsection 1.
9. 10. “Near fatality” means an injury to a child that,
as certified by a physician or physician assistant, placed the
child in serious or critical condition.
10. 11. “Report data” means any of the following
information pertaining to an assessment of an allegation of
child abuse in which the department has determined the alleged
-446-child abuse meets the definition of child abuse:
a. The name and address of the child and the child’s parents
or other persons responsible for the child’s care.
b. The age of the child.
c. The nature and extent of the injury, including evidence
of any previous injury.
d. Additional information as to the nature, extent, and
cause of the injury, and the identity of the person or persons
alleged to be responsible for the injury.
e. The names and conditions of other children in the child’s
home.
f. A recording made of an interview conducted under chapter
232 in association with a child abuse assessment.
g. Any other information believed to be helpful in
establishing the information in paragraph “d”.
11. 12. “Sealing” means the process of removing child abuse
information from authorized access as provided by this chapter.
Sec. 699. Section 235A.14, Code 2023, is amended to read as
follows:
235A.14 Creation and maintenance of a central registry.
1. There is created within the state department of
human services a central registry for certain child abuse
information. The department shall organize and staff the
registry and adopt rules for its operation.
2. The registry shall collect, maintain and disseminate
child abuse information as provided for by this chapter.
3. The department shall maintain a toll-free telephone
line, which shall be available on a twenty-four hour a day
twenty-four-hour-a-day, seven-day a week seven-day-a-week
basis and which the department of humanservices and all other
persons may use to report cases of suspected child abuse
and that all persons authorized by this chapter may use for
obtaining child abuse information.
4. An oral report of suspected child abuse initially made to
the central registry shall be immediately transmitted by the
-447-department to the appropriate county department of social human
services or law enforcement agency, or both.
5. The registry, upon receipt of a report of suspected
child abuse, shall search the records of the registry, and
if the records of the registry reveal any previous report of
child abuse involving the same child or any other child in
the same family, or if the records reveal any other pertinent
information with respect to the same child or any other child
in the same family, the appropriate office of the department of
human services or law enforcement agency shall be immediately
notified of that fact.
6. The central registry shall include report data and
disposition data which is subject to placement in the central
registry under section 232.71D. The central registry shall not
include assessment data.
Sec. 700. Section 235A.15, subsection 2, paragraph b,
subparagraphs (2) and (4), Code 2023, are amended to read as
follows:
(2) To an employee or agent of the department of human
services responsible for the assessment of a child abuse
report.
(4) To a multidisciplinary team, or to parties to an
interagency agreement entered into pursuant to section 280.25,
if the department of human services approves the composition of
the multidisciplinary team or the relevant provisions of the
interagency agreement and determines that access to the team
or to the parties to the interagency agreement is necessary
to assist the department in the diagnosis, assessment, and
disposition of a child abuse case.
Sec. 701. Section 235A.15, subsection 2, paragraph c,
subparagraph (8), Code 2023, is amended to read as follows:
(8) To an administrator of an agency certified by the
department of human services to provide services under a
medical assistance home and community-based services waiver,
if the data concerns a person employed by or being considered
-448-by the agency for employment.
Sec. 702. Section 235A.15, subsection 2, paragraph e,
subparagraphs (6), (8), and (12), Code 2023, are amended to
read as follows:
(6) To the attorney for the department of human services who
is responsible for representing the department.
(8) To an employee or agent of the department of human
services regarding a person who is providing child care if the
person is not registered or licensed to operate a child care
facility.
(12) To the department of human services for a record check
relating to employment or residence pursuant to section 218.13.
Sec. 703. Section 235A.15, subsection 7, Code 2023, is
amended to read as follows:
7. If the director of human services receives a written
request for information regarding a specific case of child
abuse involving a fatality or near fatality to a child from the
majority or minority leader of the senate or the speaker or the
minority leader of the house of representatives, the director
or the director’s designee shall arrange for a confidential
meeting with the requestor or the requestor’s designee. In the
confidential meeting the director or the director’s designee
shall share all pertinent information concerning the case,
including but not limited to child abuse information. Any
written document distributed by the director or the director’s
designee at the confidential meeting shall not be removed
from the meeting and a participant in the meeting shall be
subject to the restriction on redissemination of confidential
information applicable to a person under section 235A.17,
subsection 3, for confidential information disclosed to the
participant at the meeting. A participant in the meeting
may issue a report to the governor or make general public
statements concerning the department’s handling of the case of
child abuse.
Sec. 704. Section 235A.15, subsection 9, unnumbered
-449-paragraph 1, Code 2023, is amended to read as follows:
If, apart from a request made pursuant to subsection 7
or 8, the department receives from a member of the public a
request for information relating to a case of founded child
abuse involving a fatality or near fatality to a child, the
response to the request shall be made in accordance with this
subsection and subsections 10 and 11. If the request is
received before or during performance of an assessment of the
case in accordance with section 232.71B, the director of human
services or the director’s designee shall initially disclose
whether or not the assessment will be or is being performed.
Otherwise, within five business days of receiving the request
or completing the assessment, whichever is later, the director
of human services or the director’s designee shall consult
with the county attorney responsible for prosecution of any
alleged perpetrator of the fatality or near fatality and shall
disclose information, including but not limited to child abuse
information, relating to the case, except for the following:
Sec. 705. Section 235A.15, subsection 10, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The information released by the director of human services
or the director’s designee pursuant to a request made under
subsection 9 relating to a case of founded child abuse
involving a fatality or near fatality to a child shall include
all of the following, unless such information is excepted from
disclosure under subsection 9:
Sec. 706. Section 235A.15, subsection 11, paragraph b, Code
2023, is amended to read as follows:
b. If release of social services information in addition to
that released under subsection 10, paragraph “c”, is believed
to be in the public’s interest and right to know, the director
of human services or the director’s designee may apply to
the court under section 235A.24 requesting a review of the
information proposed for release and an order authorizing
release of the information. A release of information that
-450-would otherwise be confidential under section 217.30 concerning
social services provided to the child or the child’s family
shall not include information concerning financial or medical
assistance provided to the child or the child’s family.
Sec. 707. Section 235A.15, subsection 12, Code 2023, is
amended to read as follows:
12. If an individual who is the subject of a child abuse
report listed in subsection 2, paragraph “a”, or another party
involved in an assessment under section 232.71B releases
in a public forum or to the media information concerning a
case of child abuse including but not limited to child abuse
information which would otherwise be confidential, the director
of human services, or the director’s designee, may respond
with relevant information concerning the case of child abuse
that was the subject of the release. Prior to releasing the
response, the director or the director’s designee shall consult
with the child’s parent or guardian, or the child’s guardian ad
litem, and apply to the court under section 235A.24 requesting
a review of the information proposed for release and an order
authorizing release of the information.
Sec. 708. Section 235A.16, subsection 3, Code 2023, is
amended to read as follows:
3. Subsections 1 and 2 do not apply to child abuse
information that is disseminated to an employee of the
department of human services, to a juvenile court, or to the
attorney representing the department as authorized by section
235A.15.
Sec. 709. Section 235A.17, subsection 2, Code 2023, is
amended to read as follows:
2. The department of human services may notify orally the
mandatory reporter in an individual child abuse case of the
results of the case assessment and of the confidentiality
provisions of sections 235A.15 and 235A.21. The department
shall subsequently transmit a written notice to the mandatory
reporter of the results and confidentiality provisions. If
-451-the report data and disposition data have been placed in the
registry as founded child abuse pursuant to section 232.71D, a
copy of the written notice shall be transmitted to the registry
and shall be maintained by the registry as provided in section
235A.18. Otherwise, a copy of the written notice shall be
retained by the department with the case file.
Sec. 710. Section 235A.17, subsection 3, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Department of human services information described in
section 217.30, subsection 2.
Sec. 711. Section 235A.18, subsection 3, Code 2023, is
amended to read as follows:
3. The department of human services shall adopt rules
establishing the period of time child abuse information which
is not maintained in the central registry is retained by the
department.
Sec. 712. Section 235A.22, Code 2023, is amended to read as
follows:
235A.22 Education program.
The department of human services shall require an
educational program for employees of the department with access
to child abuse information on the proper use and control of
child abuse information.
Sec. 713. Section 235A.23, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services may compile statistics,
conduct research, and issue reports on child abuse, provided
identifying details of the subject of child abuse reports are
deleted from any report issued.
Sec. 714. Section 235A.24, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The director of human services or the director’s
designee may apply, if the conditions under section 235A.15,
subsection 11 or 12, are met, to the court requesting a
review of confidential information proposed for release and an
-452-order authorizing the release of information. A release of
information that would otherwise be confidential under section
217.30 concerning social services provided to the child or
the child’s family shall not include information concerning
financial or medical assistance provided to the child or the
child’s family.
Sec. 715. Section 235B.1, subsection 4, Code 2023, is
amended to read as follows:
4. a. The establishment of a dependent adult protective
advisory council. The advisory council shall do all of the
following:
(1) Advise the director of human services, the director
of the department on aging, the director of inspections and
appeals, and the director of public health, the director of the
department of corrections, and the director of human rights
regarding dependent adult abuse.
(2) Evaluate state law and rules and make recommendations
to the general assembly and to executive branch departments
regarding laws and rules concerning dependent adults.
(3) Receive and review recommendations and complaints from
the public, health care facilities, and health care programs
concerning the dependent adult abuse services program.
b. (1) The advisory council shall consist of twelve
members. Eight members shall be appointed by and serve at
the pleasure of the governor. Four of the members appointed
shall be appointed on the basis of knowledge and skill related
to expertise in the area of dependent adult abuse including
professionals practicing in the disciplines of medicine, public
health, mental health, long-term care, social work, law,
and law enforcement. Two of the members appointed shall be
members of the general public with an interest in the area of
dependent adult abuse and two of the members appointed shall
be members of the Iowa caregivers association. In addition,
the membership of the council shall include the director or the
director’s designee of the department of human services, the
-453-department on aging, the Iowa department of public health, and
the department of inspections and appeals.
(2) The members of the advisory council shall be appointed
to terms of four years beginning May 1. Appointments shall
comply with sections 69.16 and 69.16A. Vacancies shall be
filled in the same manner as the original appointment.
(3) Members shall receive actual expenses incurred while
serving in their official capacity.
(4) The advisory council shall select a chairperson,
annually, from its membership.
Sec. 716. Section 235B.2, Code 2023, is amended to read as
follows:
235B.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Caretaker” means a related or nonrelated person who
has the responsibility for the protection, care, or custody of
a dependent adult as a result of assuming the responsibility
voluntarily, by contract, through employment, or by order of
the court.
2. “Court” means the district court.
3. “Department” means the department of health and human
services.
4. “Dependent adult” means a person eighteen years of age or
older who is unable to protect the person’s own interests or
unable to adequately perform or obtain services necessary to
meet essential human needs, as a result of a physical or mental
condition which requires assistance from another, or as defined
by departmental rule.
5. a. “Dependent adult abuse” means:
(1) Any of the following as a result of the willful or
negligent acts or omissions of a caretaker:
(a) Physical injury to, or injury which is at a variance
with the history given of the injury, or unreasonable
confinement, unreasonable punishment, or assault of a dependent
-454-adult.
(b) The commission of a sexual offense under chapter 709 or
section 726.2 with or against a dependent adult.
(c) Exploitation of a dependent adult which means the act
or process of taking unfair advantage of a dependent adult
or the adult’s physical or financial resources, without the
informed consent of the dependent adult, including theft, by
the use of undue influence, harassment, duress, deception,
false representation, or false pretenses.
(d) The deprivation of the minimum food, shelter, clothing,
supervision, physical or mental health care, or other care
necessary to maintain a dependent adult’s life or health.
(2) The deprivation of the minimum food, shelter, clothing,
supervision, physical or mental health care, and other care
necessary to maintain a dependent adult’s life or health as a
result of the acts or omissions of the dependent adult.
(3) (a) Sexual exploitation of a dependent adult by a
caretaker.
(b) “Sexual exploitation” means any consensual or
nonconsensual sexual conduct with a dependent adult which
includes but is not limited to kissing; touching of the clothed
or unclothed inner thigh, breast, groin, buttock, anus, pubes,
or genitals; or a sex act, as defined in section 702.17.
“Sexual exploitation” includes the transmission, display, taking
of electronic images of the unclothed breast, groin, buttock,
anus, pubes, or genitals of a dependent adult by a caretaker
for a purpose not related to treatment or diagnosis or as
part of an ongoing assessment, evaluation, or investigation.
Sexual exploitation does not include touching which is part
of a necessary examination, treatment, or care by a caretaker
acting within the scope of the practice or employment of the
caretaker; the exchange of a brief touch or hug between the
dependent adult and a caretaker for the purpose of reassurance,
comfort, or casual friendship; or touching between spouses.
(4) (a) Personal degradation of a dependent adult by a
-455-caretaker.
(b) (i) “Personal degradation” means a willful act or
statement by a caretaker intended to shame, degrade, humiliate,
or otherwise harm the personal dignity of a dependent adult, or
where the caretaker knew or reasonably should have known the
act or statement would cause shame, degradation, humiliation,
or harm to the personal dignity of a reasonable person.
“Personal degradation” includes the taking, transmission,
or display of an electronic image of a dependent adult by a
caretaker, where the caretaker’s actions constitute a willful
act or statement intended to shame, degrade, humiliate, or
otherwise harm the personal dignity of the dependent adult, or
where the caretaker knew or reasonably should have known the
act would cause shame, degradation, humiliation, or harm to the
personal dignity of a reasonable person.
(ii) “Personal degradation” does not include any of the
following:
(A) The taking, transmission, or display of an electronic
image of a dependent adult for the purpose of reporting
dependent adult abuse to law enforcement, the department,
or any other regulatory agency that oversees caretakers or
enforces abuse or neglect provisions, or for the purpose of
treatment or diagnosis or as part of an ongoing investigation.
(B) The taking, transmission, or display of an electronic
image by a caretaker who takes, transmits, or displays the
electronic image in accordance with the confidentiality policy
and release of information or consent policies of a contractor,
employer, or facility or program not covered under section
235E.1, subsection 5, paragraph “a”, subparagraph (3).
(C) A statement by a caretaker who is the spouse of a
dependent adult that is not intended to shame, degrade,
humiliate, or otherwise harm the personal dignity of the
dependent adult spouse.
b. “Dependent adult abuse” does not include any of the
following:
-456- (1) Circumstances in which the dependent adult declines
medical treatment if the dependent adult holds a belief or is
an adherent of a religion whose tenets and practices call for
reliance on spiritual means in place of reliance on medical
treatment.
(2) Circumstances in which the dependent adult’s caretaker,
acting in accordance with the dependent adult’s stated or
implied consent, declines medical treatment if the dependent
adult holds a belief or is an adherent of a religion whose
tenets and practices call for reliance on spiritual means in
place of reliance on medical treatment.
(3) The withholding or withdrawing of health care from
a dependent adult who is terminally ill in the opinion of a
licensed physician, when the withholding or withdrawing of
health care is done at the request of the dependent adult or at
the request of the dependent adult’s next of kin, attorney in
fact, or guardian pursuant to the applicable procedures under
chapter 125, 144A, 144B, 222, 229, or 633.
6. “Director” means the director of health and human
services.
7. “Emergency shelter services” means and includes, but is
not limited to, secure crisis shelters or housing for victims
of dependent adult abuse.
7. 8. “Family or household member” means a spouse, a person
cohabiting with the dependent adult, a parent, or a person
related to the dependent adult by consanguinity or affinity,
but does not include children of the dependent adult who are
less than eighteen years of age.
8. 9. “Immediate danger to health or safety” means a
situation in which death or severe bodily injury could
reasonably be expected to occur without intervention.
9. 10. “Individual employed as an outreach person” means a
natural person who, in the course of employment, makes regular
contacts with dependent adults regarding available community
resources.
-457- 10. 11. “Legal holiday” means a legal public holiday as
defined in section 1C.1.
11. 12. “Person” means person as defined in section 4.1.
12. 13. “Recklessly” means that a person acts or fails to
act with respect to a material element of a public offense,
when the person is aware of and consciously disregards a
substantial and unjustifiable risk that the material element
exists or will result from the act or omission. The risk must
be of such a nature and degree that disregard of the risk
constitutes a gross deviation from the standard conduct that a
reasonable person would observe in the situation.
13. 14. “Serious injury” means the same as defined in
section 702.18.
14. 15. “Support services” includes but is not limited
to community-based services including area agency on aging
assistance, mental health services, fiscal management, home
health services, housing-related services, counseling services,
transportation services, adult day services, respite services,
legal services, and advocacy services.
Sec. 717. Section 235B.3, Code 2023, is amended to read as
follows:
235B.3 Dependent adult abuse reports.
1. a. (1) The department shall receive dependent adult
abuse reports and shall collect, maintain, and disseminate the
reports by establishing a central registry for dependent adult
abuse information. The department shall evaluate the reports
expeditiously.
(2) However, the department of inspections and appeals
is solely responsible for the evaluation and disposition of
dependent adult abuse cases within facilities and programs
pursuant to chapter 235E and shall inform the department of
human services of such evaluations and dispositions pursuant
to section 235E.2.
(3) If, in the course of an assessment or evaluation
of a report of dependent adult abuse, the department of
-458-human services or the department of inspections and appeals
determines the case involves wages, workplace safety, or other
labor and employment matters under the jurisdiction of the
division of labor services of the department of workforce
development, the relevant portions of the case shall be
referred to the division.
(4) If, in the course of an assessment or evaluation
of a report of dependent adult abuse, the department of
human services or the department of inspections and appeals
determines that the case involves discrimination under the
jurisdiction of the civil rights commission, the relevant
portions of the case shall be referred to the commission.
b. Reports of dependent adult abuse which is the result
of the acts or omissions of the dependent adult shall be
collected and maintained in the files of the dependent adult
as assessments only and shall not be included in the central
registry.
c. A report of dependent adult abuse that meets the
definition of dependent adult abuse under section 235B.2,
subsection 5, paragraph “a”, subparagraph (1), subparagraph
division (a) or (d), or section 235B.2, subsection 5, paragraph
“a”, subparagraph (4), which the department determines is
minor, isolated, and unlikely to reoccur shall be collected
and maintained by the department as an assessment only for
a five-year period and shall not be included in the central
registry and shall not be considered to be founded dependent
adult abuse. However, a subsequent report of dependent adult
abuse that meets the definition of dependent adult abuse under
section 235B.2, subsection 5, paragraph “a”, subparagraph
(1), subparagraph division (a) or (d), or section 235B.2,
subsection 5, paragraph “a”, subparagraph (4), that occurs
within the five-year period and that is committed by the
caretaker responsible for the act or omission which was the
subject of the previous report of dependent adult abuse which
the department determined was minor, isolated, and unlikely to
-459-reoccur shall not be considered minor, isolated, and unlikely
to reoccur.
2. A person who, in the course of employment, examines,
attends, counsels, or treats a dependent adult and reasonably
believes the dependent adult has suffered abuse, shall report
the suspected dependent adult abuse to the department. Persons
required to report include all of the following:
a. A member of the staff of a community mental health
center.
b. A peace officer.
c. An in-home homemaker-home health aide.
d. An individual employed as an outreach person.
e. A health practitioner, as defined in section 232.68.
f. A member of the staff or an employee of a supported
community living service, sheltered workshop, or work activity
center.
g. A social worker.
h. A certified psychologist.
i. A massage therapist licensed pursuant to chapter 152C.
3. a. If a staff member or employee is required to report
pursuant to this section, the person shall immediately notify
the department and shall also immediately notify the person in
charge or the person’s designated agent.
b. The employer or supervisor of a person who is required to
or may make a report pursuant to this section shall not apply a
policy, work rule, or other requirement that interferes with
the person making a report of dependent adult abuse or that
results in the failure of another person to make the report.
4. An employee of a financial institution may report
suspected financial exploitation of a dependent adult to the
department.
5. Any other person who believes that a dependent adult has
suffered abuse may report the suspected abuse to the department
of human services.
6. Following the reporting of suspected dependent adult
-460-abuse, the department of human services or an agency approved
by the department shall complete an assessment of necessary
services and shall make appropriate referrals for receipt of
these services. The assessment shall include interviews with
the dependent adult, and, if appropriate, with the alleged
perpetrator of the dependent adult abuse and with any person
believed to have knowledge of the circumstances of the case.
The department may provide necessary protective services and
may establish a sliding fee schedule for those persons able to
pay a portion of the protective services.
7. Upon a showing of probable cause that a dependent
adult has been abused, a court may authorize a person, also
authorized by the department, to make an evaluation, to enter
the residence of, and to examine the dependent adult. Upon
a showing of probable cause that a dependent adult has been
financially exploited, a court may authorize a person, also
authorized by the department, to make an evaluation, and to
gain access to the financial records of the dependent adult.
8. If the department determines that disclosure is
necessary for the protection of a dependent adult, the
department may disclose to a subject of a dependent adult abuse
report referred to in section 235B.6, subsection 2, paragraph
“a”, that an individual is listed in the child or dependent
adult abuse registry or is required to register with the sex
offender registry in accordance with chapter 692A.
9. If, in the course of assessment, evaluation, or
investigation of a report of dependent adult abuse, the
department determines that disclosure is necessary for the
protection of a dependent adult’s resources, the department
may disclose the initiation and status of the dependent
adult abuse evaluation to the dependent adult’s bank, savings
association, credit union, broker-dealer as defined in section
502.102, subsection 4, investment advisor as defined in section
502.102, subsection 15, financial advisor, or other financial
institution, or the administrator as defined in section
-461-502.102, subsection 1.
10. The department shall inform the appropriate county
attorneys of any reports of dependent adult abuse. The
department may request information from any person believed
to have knowledge of a case of dependent adult abuse. The
person, including but not limited to a county attorney, a law
enforcement agency, a multidisciplinary team, a social services
agency in the state, or any person who is required pursuant
to subsection 2 to report dependent adult abuse, whether or
not the person made the specific dependent adult abuse report,
shall cooperate and assist in the evaluation upon the request
of the department. If the department’s assessment reveals
that dependent adult abuse exists which might constitute a
criminal offense, a report shall be made to the appropriate
law enforcement agency. County attorneys and appropriate law
enforcement agencies shall also take any other lawful action
necessary or advisable for the protection of the dependent
adult.
a. If, upon completion of the evaluation or upon referral
from the department of inspections and appeals, the department
determines that the best interests of the dependent adult
require court action, the department shall initiate action for
the appointment of a guardian or conservator or for admission
or commitment to an appropriate institution or facility
pursuant to the applicable procedures under chapter 125, 222,
229, or 633, or shall pursue other remedies provided by law.
The appropriate county attorney shall assist the department in
the preparation of the necessary papers to initiate the action
and shall appear and represent the department at all district
court proceedings.
b. The department shall assist the court during all stages
of court proceedings involving a suspected case of dependent
adult abuse.
c. In every case involving abuse which is substantiated
by the department and which results in a judicial proceeding
-462-on behalf of the dependent adult, legal counsel shall be
appointed by the court to represent the dependent adult in
the proceedings. The court may also appoint a guardian ad
litem to represent the dependent adult if necessary to protect
the dependent adult’s best interests. The same attorney may
be appointed to serve both as legal counsel and as guardian
ad litem. Before legal counsel or a guardian ad litem is
appointed pursuant to this section, the court shall require
the dependent adult and any person legally responsible for
the support of the dependent adult to complete under oath
a detailed financial statement. If, on the basis of that
financial statement, the court deems that the dependent adult
or the legally responsible person is able to bear all or a
portion of the cost of the legal counsel or guardian ad litem,
the court shall so order. In cases where the dependent adult
or the legally responsible person is unable to bear the cost
of the legal counsel or guardian ad litem, the expense shall
be paid by the county.
11. A person participating in good faith in reporting or
cooperating with or assisting the department in evaluating a
case of dependent adult abuse has immunity from liability,
civil or criminal, which might otherwise be incurred or
imposed based upon the act of making the report or giving the
assistance. The person has the same immunity with respect to
participating in good faith in a judicial proceeding resulting
from the report or cooperation or assistance or relating to the
subject matter of the report, cooperation, or assistance.
12. It shall be unlawful for any person or employer
to discharge, suspend, or otherwise discipline a person
required to report or voluntarily reporting an instance of
suspected dependent adult abuse pursuant to subsection 2 or
5, or cooperating with, or assisting the department of human
services in evaluating a case of dependent adult abuse, or
participating in judicial proceedings relating to the reporting
or cooperation or assistance based solely upon the person’s
-463-reporting or assistance relative to the instance of dependent
adult abuse. A person or employer found in violation of this
subsection is guilty of a simple misdemeanor.
13. A person required by this section to report a suspected
case of dependent adult abuse who knowingly and willfully fails
to do so commits a simple misdemeanor. A person required by
this section to report a suspected case of dependent adult
abuse who knowingly fails to do so or who knowingly, in
violation of subsection 3, interferes with the making of such a
report or applies a requirement that results in such a failure
is civilly liable for the damages proximately caused by the
failure.
14. The department of inspections and appeals shall adopt
rules which require facilities or programs to separate an
alleged dependent adult abuser from a victim following an
allegation of perpetration of abuse and prior to the completion
of an investigation of the allegation.
Sec. 718. Section 235B.5, Code 2023, is amended to read as
follows:
235B.5 Creation and maintenance of a central registry.
1. There is created within the department a central registry
for dependent adult abuse information. The department shall
organize and staff the registry and adopt rules for its
operation.
2. The registry shall collect, maintain, and disseminate
dependent adult abuse information as provided in this chapter.
3. The department shall maintain a toll-free telephone
line, which shall be available on a twenty-four-hour-a-day,
seven-day-a-week basis and which the department and all other
persons may use to report cases of suspected dependent adult
abuse and that all persons authorized by this chapter may use
for obtaining dependent adult abuse information.
4. An oral report of suspected dependent adult abuse
initially made to the central registry shall be immediately
transmitted by the department to the appropriate county
-464-department of human services or law enforcement agency, or
both.
5. An oral report of suspected dependent adult abuse
initially made to the central registry regarding a facility or
program as defined in section 235E.1 shall be transmitted by
the department to the department of inspections and appeals on
the first working day following the submitting of the report.
6. The registry, upon receipt of a report of suspected
dependent adult abuse, shall search the records of the
registry, and if the records of the registry reveal any
previous report of dependent adult abuse involving the same
adult or if the records reveal any other pertinent information
with respect to the same adult, the appropriate office of the
department of human services or the appropriate law enforcement
agency shall be immediately notified of that fact.
7. The central registry shall include but not be limited to
report data, investigation data, and disposition data.
Sec. 719. Section 235B.6, Code 2023, is amended to read as
follows:
235B.6 Authorized access.
1. Notwithstanding chapter 22, the confidentiality of all
dependent adult abuse information shall be maintained, except
as specifically provided by subsections 2 and 3.
2. Access to dependent adult abuse information other than
unfounded dependent adult abuse information is authorized only
to the following persons:
a. A subject of a report including all of the following:
(1) To an adult named in a report as a victim of abuse or to
the adult’s attorney or guardian ad litem.
(2) To a guardian or legal custodian, or that person’s
attorney, of an adult named in a report as a victim of abuse.
(3) To the person or the attorney for the person named in a
report as having abused an adult.
b. A person involved in an investigation of dependent adult
abuse including all of the following:
-465- (1) A health practitioner or mental health professional
who is examining, attending, or treating an adult whom such
practitioner or professional believes or has reason to believe
has been the victim of abuse or to a health practitioner or
mental health professional whose consultation with respect to
an adult believed to have been the victim of abuse is requested
by the department.
(2) An employee or agent of the department responsible for
the investigation of a dependent adult abuse report or for the
purpose of performing record checks as required under section
135C.33.
(3) A representative of the department involved in the
certification or accreditation of an agency or program
providing care or services to a dependent adult believed to
have been a victim of abuse.
(4) A law enforcement officer responsible for assisting in
an investigation of a dependent adult abuse allegation.
(5) A multidisciplinary team, if the department of human
services approves the composition of the multidisciplinary team
and determines that access to the team is necessary to assist
the department in the investigation, diagnosis, assessment, and
disposition of a case of dependent adult abuse.
(6) The mandatory reporter who reported the dependent adult
abuse in an individual case.
(7) Each board specified under chapter 147 and the Iowa
department of public health for the purpose of licensure,
certification or registration, disciplinary investigation, or
the renewal of licensure, certification or registration, or
disciplinary proceedings of health care professionals.
c. A person providing care to an adult including all of the
following:
(1) A licensing authority for a facility, including a
facility or program defined in section 235E.1, providing care
to an adult named in a report.
(2) A person authorized as responsible for the care or
-466-supervision of an adult named in a report as a victim of abuse
or a person named in a report as having abused an adult if
the court or registry deems access to dependent adult abuse
information by such person to be necessary.
(3) An employee or agent of the department responsible
for registering or licensing or approving the registration or
licensing of a person, or to an individual providing care to an
adult and regulated by the department.
(4) The legally authorized protection and advocacy agency
recognized pursuant to section 135C.2 if a person identified in
the information as a victim or a perpetrator of abuse resided
in or receives services from a facility, including a facility
or program defined in section 235E.1, or agency because the
person is diagnosed as having a developmental disability or a
mental illness.
(5) To an administrator of an agency certified by the
department of human services to provide services under a
medical assistance home and community-based services waiver,
if the information concerns a person employed by or being
considered by the agency for employment.
(6) To the administrator of an agency providing mental
health, intellectual disability, or developmental disability
services under a regional service system management plan
implemented in accordance with section 331.393, if the
information concerns a person employed by or being considered
by the agency for employment.
(7) To an administrator of a hospital licensed under chapter
135B if the data concerns a person employed or being considered
for employment by the hospital.
(8) An employee of an agency requested by the department
to provide case management or other services to the dependent
adult.
d. Relating to judicial and administrative proceedings,
persons including all of the following:
(1) A court upon a finding that information is necessary
-467-for the resolution of an issue arising in any phase of a case
involving dependent adult abuse.
(2) A court or agency hearing an appeal for correction
of dependent adult abuse information as provided in section
235B.10.
(3) An expert witness or a witness who testifies at any
stage of an appeal necessary for correction of dependent adult
abuse information as provided in section 235B.10.
(4) A court or administrative agency making a determination
regarding an unemployment compensation claim pursuant to
section 96.6.
(5) To a juvenile court involved in an adjudication or
disposition of a child that is the subject of a guardianship
proceeding under chapter 232D.
(6) To a district court upon a finding that data is
necessary for the resolution of an issue arising in any phase
of a case involving proceedings for a child guardianship under
chapter 232D.
e. Other persons including all of the following:
(1) A person conducting bona fide research on dependent
adult abuse, but without information identifying individuals
named in a dependent adult abuse report, unless having that
information open to review is essential to the research or
evaluation and the authorized registry officials give prior
written approval and the adult, the adult’s guardian or
guardian ad litem, and the person named in a report as having
abused an adult give permission to release the information.
(2) Registry or department personnel when necessary to the
performance of their official duties or a person or agency
under contract with the department to carry out official duties
and functions of the registry.
(3) The department of justice for the sole purpose of the
filing of a claim for reparation pursuant to sections 915.21
and 915.84.
(4) A legally constituted adult protection agency of
-468-another state which is investigating or treating an adult named
in a report as having been abused.
(5) The office of the attorney general.
(6) A health care facility administrator or the
administrator’s designee, following the appeals process, for
the purpose of hiring staff or continued employment of staff.
(7) To the administrator of an agency providing care to a
dependent adult in another state, for the purpose of performing
an employment background check.
(8) To the superintendent, or the superintendent’s
designee, of a school district or to the authorities in charge
of an accredited nonpublic school for purposes of a volunteer
or employment record check.
(9) The department of inspections and appeals for purposes
of record checks of applicants for employment with the
department of inspections and appeals.
(10) The state or a local long-term care ombudsman if the
victim resides in or the alleged perpetrator is an employee of
a long-term care facility as defined in section 231.4.
(11) The state office or local office of public guardian as
defined in section 231E.3, if the information relates to the
provision of legal services for a client served by the state or
local office of public guardian.
(12) A nursing program that is approved by the state board
of nursing under section 152.5, if the information relates to a
record check performed pursuant to section 152.5A.
(13) To the board of educational examiners created under
chapter 272 for purposes of determining whether a license,
certificate, or authorization should be issued, denied, or
revoked.
(14) The department on aging for the purposes of conducting
background checks of applicants for employment with the
department on aging.
(15) To the Iowa veterans home for purposes of record checks
of potential volunteers and volunteers in the Iowa veterans
-469-home.
(16) To the administrator of a certified nurse aide program,
if the data relates to a record check of a student of the
program performed pursuant to section 135C.33.
(17) To the administrator of a juvenile detention or shelter
care home, if the data relates to a record check of an existing
or prospective employee, resident, or volunteer for or in the
home.
(18) To the employer or prospective employer of a school bus
driver for purposes of an employment record check.
(19) To a free clinic as defined in section 135.24A for
purposes of record checks of potential volunteers and existing
volunteers at the free clinic.
(20) To a bank, savings association, credit union,
broker-dealer as defined in section 502.102, subsection 4,
investment advisor as defined in section 502.102, subsection
15, financial advisor, or other financial institution as deemed
necessary by the department to protect the dependent adult’s
resources.
(21) To the social security administration.
(22) To the administrator as defined in section 502.102,
subsection 1.
f. To a person who submits written authorization from
an individual allowing the person access to information on
the determination only on whether or not the individual who
authorized the access is named in a founded dependent adult
abuse report as having abused a dependent adult.
3. Access to unfounded dependent adult abuse information is
authorized only to those persons identified in subsection 2,
paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
(22).
Sec. 720. Section 235B.16, Code 2023, is amended to read as
follows:
235B.16 Information, education, and training requirements.
-470- 1. The department on aging, in cooperation with the
department, shall conduct a public information and education
program. The elements and goals of the program include but are
not limited to:
a. Informing the public regarding the laws governing
dependent adult abuse and the reporting requirements for
dependent adult abuse.
b. Providing caretakers with information regarding services
to alleviate the emotional, psychological, physical, or
financial stress associated with the caretaker and dependent
adult relationship.
c. Affecting public attitudes regarding the role of a
dependent adult in society.
2. The department, in cooperation with the department on
aging and the department of inspections and appeals, shall
institute a program of education and training for persons,
including members of provider groups and family members, who
may come in contact with dependent adult abuse. The program
shall include but is not limited to instruction regarding
recognition of dependent adult abuse and the procedure for the
reporting of suspected abuse.
3. The content of the continuing education required
pursuant to chapter 272C for a licensed professional providing
care or service to a dependent adult shall include, but is
not limited to, the responsibilities, obligations, powers,
and duties of a person regarding the reporting of suspected
dependent adult abuse, and training to aid the professional in
identifying instances of dependent adult abuse.
4. The department of inspections and appeals shall provide
training to investigators regarding the collection and
preservation of evidence in the case of suspected dependent
adult abuse.
5. a. For the purposes of this subsection, “licensing
board” means a board designated in section 147.13, the board of
educational examiners created in section 272.2, or a licensing
-471-board as defined in section 272C.1.
b. A person required to report cases of dependent adult
abuse pursuant to sections 235B.3 and 235E.2, other than a
physician whose professional practice does not regularly
involve providing primary health care to adults, shall
complete two hours of training relating to the identification
and reporting of dependent adult abuse within six months of
initial employment or self-employment which involves the
examination, attending, counseling, or treatment of adults
on a regular basis. Within one month of initial employment
or self-employment, the person shall obtain a statement of
the abuse reporting requirements from the person’s employer
or, if self-employed, from the department. The person shall
complete at least two hours of additional dependent adult abuse
identification and reporting training every three years. If
the person completes at least one hour of additional dependent
adult abuse identification and reporting training prior to the
three-year expiration period, the person shall be deemed in
compliance with the training requirements of this section for
an additional three years.
c. The core training curriculum relating to the
identification and reporting of dependent adult abuse, as
provided in paragraph “b”, shall be developed by the department
pursuant to subsection 2 and provided by the department.
d. An employer of a person required to report cases
of dependent adult abuse pursuant to sections 235B.3 and
235E.2 may provide supplemental training, specific to the
identification and reporting of dependent adult abuse as it
relates to the person’s professional practice, in addition to
the core training provided by the department.
e. A licensing board with authority over the license of
a person required to report cases of dependent adult abuse
pursuant to sections 235B.3 and 235E.2 shall require as a
condition of licensure that the person is in compliance with
the requirements for abuse training under this subsection.
-472-The licensing board shall require the person upon licensure
renewal to accurately document for the licensing board the
person’s completion of the training requirements. However,
the licensing board may adopt rules providing for waiver or
suspension of the compliance requirements, if the waiver or
suspension is in the public interest, applicable to a person
who is engaged in active duty in the military service of this
state or of the United States, to a person for whom compliance
with the training requirements would impose a significant
hardship, or to a person who is practicing a licensed
profession outside this state or is otherwise subject to
circumstances that would preclude the person from encountering
dependent adult abuse in this state.
f. For persons required to report cases of dependent
adult abuse pursuant to sections 235B.3 and 235E.2, who are
not engaged in a licensed profession that is subject to the
authority of a licensing board but are employed by a facility
or program subject to licensure, registration, or approval by a
state agency, the agency shall require as a condition of the
renewal of the facility’s or program’s licensure, registration,
or approval, that such persons employed by the facility or
program are in compliance with the training requirements of
this subsection.
g. For peace officers, the elected or appointed official
designated as the head of the agency employing the peace
officer shall ensure compliance with the training requirements
of this subsection.
h. For persons required to report cases of dependent adult
abuse pursuant to sections 235B.3 and 235E.2 who are employees
of state departments and political subdivisions of the state,
the department director or the chief administrator of the
political subdivision shall ensure the persons’ compliance with
the training requirements of this subsection.
6. The department shall require an educational program for
employees of the registry on the proper use and control of
-473-dependent adult abuse information.
Sec. 721. Section 235B.16A, Code 2023, is amended to read
as follows:
235B.16A Dependent adults — dependency assessments —
interagency training.
1. The dependent adult protective advisory council
established pursuant to section 235B.1 shall recommend a
uniform assessment instrument and process for adoption and use
by the department of human services and other agencies involved
with assessing a dependent adult’s degree of dependency
and determining whether dependent adult abuse has occurred.
However, this section shall not apply to dependent adult abuse
assessments and determinations made under chapter 235E.
2. The instrument and process design under subsection 1
shall address but is not limited to all of the following:
a. Evaluation of conformity with applicable federal law and
regulations on the part of the persons employing, housing, or
providing services to the dependent adult.
b. Provision for the final step in the dependency assessment
of a dependent adult to be a formal assessment of the existence
of risk to the health or safety of the individual or of the
degree of the individual’s impairment in ability under the
definition of dependent adult in section 235B.2.
c. If the assessment under paragraph “b” determines that a
risk to the health or safety of the individual exists or the
individual has a significant impairment in ability, and the
individual being assessed agrees, provision for a case manager
to be assigned to assist in preparing and implementing a safety
plan which includes protective services for the individual.
d. If the assessment under paragraph “b” determines that
a risk to the health or safety of the individual exists or
the individual has a significant impairment in ability, the
individual being assessed does not agree to the safety plan
provisions under paragraph “c” or accept other services, and
the options available under sections 235B.17, 235B.18, and
-474-235B.19 are not utilized, provision for the department of human
services to maintain periodic contact with the individual in
accordance with rules adopted for this purpose. The purpose
of the contact is to assess any increased risk or impairment
and to monitor the individual’s goals, feelings, and concerns
so that the department can intervene when necessary or
offer services and other support to maintain or sustain the
individual’s safety and independence when the individual is
ready to agree to a safety plan or accept services.
3. The department of human services and other agencies
involved with assessing a dependent adult’s degree of
dependency and whether dependent adult abuse has occurred shall
adopt rules and take other steps necessary to implement the
uniform assessment instrument and process addressed by this
section on or before July 1, 2010.
4. The department of human services shall cooperate with
the department on aging, the departments of inspections
and appeals, public health, public safety, and workforce
development, the civil rights commission, and other state and
local agencies performing inspections or otherwise visiting
residential settings where dependent adults live, to regularly
provide training to the appropriate staff in the agencies
concerning each agency’s procedures involving dependent
adults, and to build awareness concerning dependent adults and
reporting of dependent adult abuse.
Sec. 722. Section 235E.2, subsection 1, paragraphs a and c,
Code 2023, are amended to read as follows:
a. The department shall receive and evaluate reports
of dependent adult abuse in facilities and programs. The
department shall inform the department of health and human
services of such evaluations and dispositions and those
individuals who should be placed on the central registry for
dependent adult abuse pursuant to section 235E.7. If the
department believes the situation involves an immediate danger
to the public health, safety, or welfare requiring immediate
-475-agency action to seek emergency placement on the central
registry, the department may utilize emergency adjudicative
proceedings pursuant to section 17A.18A.
c. A report of dependent adult abuse that meets the
definition of dependent adult abuse under section 235E.1,
subsection 5, paragraph “a”, subparagraph (1), subparagraph
division (a) or (d), or section 235E.1, subsection 5, paragraph
“a”, subparagraph (3), which the department determines is
minor, isolated, and unlikely to reoccur shall be collected
and maintained by the department of health and human services
as an assessment only for a five-year period and shall not be
included in the central registry and shall not be considered
to be founded dependent adult abuse. A subsequent report of
dependent adult abuse that meets the definition of dependent
adult abuse under section 235E.1, subsection 5, paragraph “a”,
subparagraph (1), subparagraph division (a) or (d), or section
235E.1, subsection 5, paragraph “a”, subparagraph (3), that
occurs within the five-year period, and that is committed by
the caretaker responsible for the act or omission which was the
subject of the previous report of dependent adult abuse which
the department determined was minor, isolated, and unlikely to
reoccur, may be considered minor, isolated, and unlikely to
reoccur depending on the circumstances of the report.
Sec. 723. Section 235E.2, subsection 5, Code 2023, is
amended to read as follows:
5. Any other person who believes that a dependent adult
has suffered dependent adult abuse may report the suspected
dependent adult abuse to the department of inspections and
appeals. The department of inspections and appeals shall
transfer any reports received of dependent adult abuse in the
community to the department of health and human services. The
department of health and human services shall transfer any
reports received of dependent adult abuse in facilities or
programs to the department of inspections and appeals.
Sec. 724. Section 235E.2, subsection 6, paragraph a, Code
-476-2023, is amended to read as follows:
a. If, upon completion of an investigation, the department
determines that the best interests of the dependent adult
require court action, the department shall notify the
department of health and human services of the potential need
for a guardian or conservator or for admission or commitment
to an appropriate institution or facility pursuant to the
applicable procedures under chapter 125, 222, 229, or 633, or
shall pursue other remedies provided by law. The appropriate
county attorney shall assist the department of health and human
services in the preparation of the necessary papers to initiate
the action and shall appear and represent the department of
health and human services at all district court proceedings.
Sec. 725. Section 235F.6, subsection 4, Code 2023, is
amended to read as follows:
4. The court may approve a consent agreement between the
parties entered into to bring about the cessation of elder
abuse. A consent agreement approved under this section shall
not contain any of the following:
a. A provision that prohibits any party to the action
from contacting or cooperating with any government agency
including the department of health and human services, the
department of inspections and appeals, the department on aging,
the department of justice, law enforcement, and the office of
long-term care ombudsman; a licensing or regulatory agency
that has jurisdiction over any license or certification held
by the defendant; a protection and advocacy agency recognized
in section 135C.2; or the defendant’s current employer if the
defendant’s professional responsibilities include contact with
vulnerable elders, dependent adults, or minors, if the party
contacting or cooperating has a good-faith belief that the
information is relevant to the duties or responsibilities of
the entity.
b. A provision that prohibits any party to the action from
filing a complaint with or reporting a violation of law to
-477-any government agency including the department of health and
human services, the department of inspections and appeals,
the department on aging, the department of justice, law
enforcement, and the office of long-term care ombudsman; a
licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
c. A provision that requires any party to the action to
withdraw a complaint filed with or a violation reported to
any government agency including the department of health and
human services, the department of inspections and appeals,
the department on aging, the department of justice, law
enforcement, and the office of long-term care ombudsman; a
licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
Sec. 726. Section 237.1, Code 2023, is amended to read as
follows:
237.1 Definitions.
As used in this chapter:
1. “Administrator” means the administrator of that division
of the department designated by the director of human services
to administer this chapter or the administrator’s designee.
2. 1. “Agency” means a person, as defined in section 4.1,
subsection 20, which provides child foster care and which does
not meet the definition of an individual in subsection 7 as
defined under this section.
3. 2. “Child” means child as defined in section 234.1,
subsection 2.
4. 3. “Child foster care” means the provision of parental
nurturing, including but not limited to the furnishing of
food, lodging, training, education, supervision, treatment,
or other care, to a child on a full-time basis by a person,
-478-including a relative of the child if the relative is licensed
under this chapter, but not including a guardian of the child.
“Child foster care” does not include any of the following care
situations:
a. Care furnished by an individual person who receives the
child of a personal friend as an occasional and personal guest
in the individual person’s home, free of charge and not as a
business.
b. Care furnished by an individual person with whom a child
has been placed for lawful adoption, unless that adoption is
not completed within two years after placement.
c. Care furnished by a private boarding school subject to
approval by the state board of education pursuant to section
256.11.
d. Child care furnished by a child care center, a child
development home, or a child care home as defined in section
237A.1.
e. Care furnished in a hospital licensed under chapter 135B
or care furnished in a nursing facility licensed under chapter
135C.
f. Care furnished by a relative of a child or an individual
person with a meaningful relationship with the child where the
child is not under the placement, care, or supervision of the
department.
4. “Council” means the council on health and human services.
5. “Department” means the department of health and human
services.
6. “Director” means the director of health and human
services.
7. “Facility” means the personnel, program, physical plant,
and equipment of a licensee.
7. 8. “Individual” means an individual person or a married
couple who provides child foster care in a single-family home
environment and which does not meet the definition of an agency
in subsection 2 under this section.
-479- 8. 9. “Licensee” means an individual or an agency licensed
by the administrator under this chapter.
9. 10. “Reasonable and prudent parent standard” means
the standard characterized by careful and sensible parenting
decisions that maintain the health, safety, and best interests
of a child, while at the same time encouraging the emotional
and developmental growth of a child, that a caregiver shall
use when determining whether to allow a child in foster care
under the placement, care, or supervision of the department to
participate in extracurricular, enrichment, cultural, or social
activities. For the purposes of this subsection, “caregiver”
means an individual or an agency licensed under this chapter
with which a child in foster care has been placed or a juvenile
shelter care home approved under chapter 232 in which a child
in foster care has been placed.
Sec. 727. Section 237.3, Code 2023, is amended to read as
follows:
237.3 Rules.
1. Except as otherwise provided by subsections 3 and 4,
the administrator department shall promulgate, after their
adoption by the council on human services, and enforce in
accordance with chapter 17A, administrative rules necessary
to implement this chapter. Formulation of the rules shall
include consultation with representatives of child foster care
providers, and other persons affected by this chapter. The
rules shall encourage the provision of child foster care in a
single-family, home environment, exempting the single-family,
home facility from inappropriate rules.
2. Rules applicable to licensees shall include but are not
limited to:
a. Types of facilities which include but are not limited to
group foster care facilities and family foster care homes.
b. The number, qualifications, character, and parenting
ability of personnel necessary to assure the health, safety and
welfare of children receiving child foster care.
-480- c. Programs for education and in-service training of
personnel.
d. The physical environment of a facility.
e. Policies for intake, assessment, admission and discharge.
f. Housing, health, safety, and medical care policies
for children receiving child foster care. The medical care
policies shall include but are not limited to all of the
following:
(1) Provision by the department to the foster care provider
at or before the time of a child’s placement of the child’s
health records and any other information possessed or known
about the health of the child or about a member of the child’s
family that pertains to the child’s health.
(2) If the health records supplied in accordance with
the child’s case permanency plan to the foster care provider
are incomplete or the provider requests specific health
information, provision for obtaining additional health
information from the child’s parent or other source and
supplying the additional information to the foster care
provider.
(3) Provision for emergency health coverage of the child
while the child is engaged in temporary out-of-state travel
with the child’s foster family.
g. (1) The adequacy of programs available to children
receiving child foster care provided by agencies, including but
not limited to:
(a) Dietary services.
(b) Social services.
(c) Activity programs.
(d) Behavior management procedures.
(e) Educational programs, including special education
as defined in section 256B.2, subsection 1, paragraph “b”,
where appropriate, which are approved by the state board of
education.
(2) The department shall not promulgate rules which
-481-regulate individual licensees in the subject areas enumerated
in this paragraph “g”.
h. Policies for involvement of biological parents.
i. Records a licensee is required to keep, and reports a
licensee is required to make to the administrator department.
j. Prior to the licensing of an individual as a foster
family home, a required, written social assessment of the
quality of the living situation in the home of the individual,
and a required compilation of personal references for the
individual other than those references given by the individual.
k. Elements of a foster care placement agreement outlining
rights and responsibilities associated with an individual
providing family foster care. The rights and responsibilities
shall include but are not limited to all of the following:
(1) Receiving information prior to the child’s placement
regarding risk factors concerning the child that are known to
the department, including but not limited to notice if the
child is required to register under chapter 692A.
(2) Having regularly scheduled meetings with each case
manager assigned to the child.
(3) Receiving access to any reports prepared by a service
provider who is working with the child unless the access is
prohibited by state or federal law.
3. Rules governing fire safety in facilities with child
foster care provided by agencies shall be promulgated by the
state fire marshal pursuant to section 100.1, subsection 5,
after consultation with the administrator director.
4. Rules governing sanitation, water and waste disposal
standards for facilities shall be promulgated by the Iowa
department of public health pursuant to section 135.11,
subsection 12, after consultation with the administrator
director.
5. In case of a conflict between rules promulgated pursuant
to subsections 3 and 4 and local rules, the more stringent
requirement applies.
-482- 6. Rules of the department shall not prohibit the licensing,
as foster family homes, of individuals who are departmental
employees not directly engaged in the administration of the
child foster care program pursuant to this chapter.
7. If an agency is accredited by the joint commission
on the accreditation of health care organizations under the
commission’s consolidated standards for residential settings
or by the council on accreditation of services for families
and children, the department shall modify facility licensure
standards applied to the agency in order to avoid duplicating
standards applied through accreditation.
8. The department, in consultation with the judicial
branch, the division of criminal and juvenile justice planning
of the department of human rights, residential treatment
providers, the foster care provider association, and other
parties which may be affected, shall review the licensing rules
pertaining to residential treatment facilities, and examine
whether the rules allow the facilities to accept and provide
effective treatment to juveniles with serious problems who
might not otherwise be placed in those facilities.
9. The department shall adopt rules specifying the elements
of a preadoptive care agreement outlining the rights and
responsibilities associated with a person providing preadoptive
care, as defined in section 232.2.
10. The department shall adopt rules to administer the
exception to the definition of child care in section 237A.1,
subsection 3, paragraph “l”, allowing a child care facility, for
purposes of providing respite care to a foster family home, to
provide care, supervision, or guidance of a child for a period
of twenty-four hours or more who is placed with the licensed
foster family home.
Sec. 728. Section 237.4, Code 2023, is amended to read as
follows:
237.4 License required — exceptions.
An individual or an agency, as defined in section 237.1,
-483-shall not provide child foster care unless the individual or
agency obtains a license issued by the administrator under this
chapter. However, a license is not required of the following:
1. An individual providing child foster care for a total of
not more than twenty days in one calendar year.
2. A residential care facility licensed under chapter 135C
which is approved for the care of children.
3. A hospital licensed under chapter 135B.
4. A health care facility licensed under chapter 135C.
5. A juvenile detention home or juvenile shelter care home
approved under section 232.142.
6. An institution listed in section 218.1.
7. A facility licensed under chapter 125.
8. An individual providing child care as a babysitter at the
request of a parent, guardian or relative having lawful custody
of the child.
Sec. 729. Section 237.5, Code 2023, is amended to read as
follows:
237.5 License application and issuance — denial, suspension,
or revocation — provisional licenses.
1. An individual or an agency shall apply for a license
by completing an application to the administrator department
upon forms furnished by the administrator department. The
administrator department shall issue or reissue a license if
the administrator department determines that the applicant or
licensee is or upon commencing operation will provide child
foster care in compliance with this chapter. An initial
license for an individual is valid for one year from the date
of issuance. After the first two years of licensure, a license
for an individual is valid for two years from the most recent
date of issuance except that the administrator department,
within the administrator’s director’s discretion and based upon
the performance of the licensee, may require annual renewal
of the license or may issue a provisional license pursuant to
subsection 3. A license for an agency is valid for up to three
-484-years from the date of issuance for the period determined by
the administrator department in accordance with administrative
rules providing criteria for making the determination. The
license shall state on its face the name of the licensee, the
type of facility, the particular premises for which the license
is issued, and the number of children who may be cared for by
the facility on the premises at one time. The license shall
be posted in a conspicuous place in the physical plant of the
facility, except that if the facility is in a single-family
home the license may be kept where it is readily available for
examination upon request.
2. The administrator department, after notice and
opportunity for an evidentiary hearing, may deny an application
for a license, and may suspend or revoke a license, if the
applicant or licensee violates this chapter or the rules
promulgated pursuant to this chapter, or knowingly makes
a false statement concerning a material fact or conceals
a material fact on the license application or in a report
regarding operation of the facility submitted to the
administrator department.
3. The administrator department may issue a provisional
license for not more than one year to a licensee whose
facility does not meet the requirements of this chapter, if
written plans to bring the facility into compliance with the
applicable requirements are submitted to and approved by the
administrator department. The plans shall state a specific
time when compliance will be achieved. Only one provisional
license shall be issued for a facility by reason of the same
deficiency.
Sec. 730. Section 237.6, Code 2023, is amended to read as
follows:
237.6 Restricted use of facility.
A licensee shall not furnish child foster care in a building
or on premises not designated in the license. A licensee
shall not furnish child foster care to a greater number of
-485-children than is designated in the license, unless authorized
by the administrator so authorizes department. Multiple
licenses authorizing separate and distinct parts of a facility
to provide different categories of child foster care may be
issued.
Sec. 731. Section 237.7, Code 2023, is amended to read as
follows:
237.7 Reports and inspections.
The administrator department may require submission of
reports by a licensee, and shall cause at least one annual
unannounced inspection of each facility to assess the quality
of the living situation and to determine compliance with
applicable requirements and standards. The inspections shall
be conducted by the department of inspections and appeals.
The director of the department of inspections and appeals
may examine records of a licensee, including but not limited
to corporate records and board minutes, and may inquire into
matters concerning a licensee and its employees relating to
requirements and standards for child foster care under this
chapter.
Sec. 732. Section 237.8, Code 2023, is amended to read as
follows:
237.8 Personnel.
1. A person shall not be allowed to provide services in a
facility if the person has a disease which is transmissible to
other persons through required contact in the workplace, which
presents a significant risk of infecting other persons, which
presents a substantial possibility of harming other persons, or
for which no reasonable accommodation can eliminate the risk of
infecting other persons.
2. a. (1) If a person is being considered for licensure
under this chapter, or for employment involving direct
responsibility for a child or in a facility where children
reside, by a licensee under this chapter, or if a person will
reside in a facility utilized by a licensee, and if the person
-486-has been convicted of a crime or has a record of founded child
abuse, the record check evaluation system of the department
and the licensee for an employee of the licensee shall perform
an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment,
or residence in the facility. The department record check
evaluation system shall conduct criminal and child abuse record
checks in this state and may conduct these checks in other
states. The evaluation shall be performed in accordance with
procedures adopted for this purpose by the department.
(2) If the criminal and child abuse record checks conducted
in this state under subparagraph (1) for an individual being
considered for licensure under this chapter, or for employment
involving direct responsibility for a child or in a facility
where children reside, by a licensee under this chapter, or
for an individual who will reside in a facility utilized by
a licensee, have been completed and the individual either
does not have a record of crime or founded child abuse or the
department’s record check evaluation system’s evaluation of
the record has determined that prohibition of the individual’s
licensure or employment is not warranted, the individual may
be provisionally approved for licensure or employment pending
the outcome of the fingerprint-based criminal history check
conducted pursuant to subparagraph (4).
(3) An individual being considered for licensure under this
chapter, or for employment involving direct responsibility for
a child or in a facility where children reside, by a licensee
under this chapter, or for an individual who will reside in a
facility utilized by a licensee, shall not be granted a license
or be employed and an evaluation shall not be performed under
this subsection if the individual has been convicted of any of
the following felony offenses:
(a) Within the five-year period preceding the application
date, a drug-related offense.
(b) Child endangerment or neglect or abandonment of a
-487-dependent person.
(c) Domestic abuse.
(d) A crime against a child, including but not limited to
sexual exploitation of a minor.
(e) A forcible felony.
(4) If an individual is being considered for licensure under
this chapter, or for employment involving direct responsibility
for a child or in a facility where children reside, by a
licensee under this chapter, or if an individual will reside
in a facility utilized by a licensee, or if an individual is
subject to licensure under this chapter as a foster parent,
in addition to the record checks conducted under subparagraph
(1), the individual’s fingerprints shall be provided to the
department of public safety for submission through the state
criminal history repository to the United States department
of justice, federal bureau of investigation for a national
criminal history check. The cost of the criminal history check
conducted under this subparagraph is the responsibility of the
department of human services.
(5) If the criminal and child abuse record checks conducted
in this state under subparagraph (1) for an individual being
considered for licensure as a foster parent have been completed
and the individual either does not have a record of crime
or founded abuse or the department’s record check evaluation
system’s evaluation of the record has determined that
prohibition of the individual’s licensure is not warranted, the
individual may be provisionally approved for licensure pending
the outcome of the fingerprint-based criminal history check
conducted pursuant to subparagraph (4).
(6) An individual applying to be a foster parent licensee
shall not be granted a license and an evaluation shall not be
performed under this subsection if the individual has been
convicted of any of the following felony offenses:
(a) Within the five-year period preceding the application
date, a drug-related offense.
-488- (b) Child endangerment or neglect or abandonment of a
dependent person.
(c) Domestic abuse.
(d) A crime against a child, including but not limited to
sexual exploitation of a minor.
(e) A forcible felony.
b. Except as otherwise provided in paragraph “a”, if the
department record check evaluation system determines that a
person has committed a crime or has a record of founded child
abuse and is licensed, employed by a licensee, or resides in a
licensed facility the department record check evaluation system
shall notify the licensee that an evaluation will be conducted
to determine whether prohibition of the person’s licensure,
employment, or residence is warranted.
c. In an evaluation, the department record check evaluation
system and the licensee for an employee of the licensee shall
consider the nature and seriousness of the crime or founded
child abuse in relation to the position sought or held, the
time elapsed since the commission of the crime or founded child
abuse, the circumstances under which the crime or founded
child abuse was committed, the degree of rehabilitation, the
likelihood that the person will commit the crime or founded
child abuse again, and the number of crimes or founded child
abuses committed by the person involved. The department record
check evaluation system may permit a person who is evaluated
to be licensed, employed, or to reside, or to continue to be
licensed, employed, or to reside in a licensed facility, if the
person complies with the department’s record check evaluation
system’s conditions relating to the person’s licensure,
employment, or residence, which may include completion of
additional training. For an employee of a licensee, these
conditional requirements shall be developed with the licensee.
The department record check evaluation system has final
authority in determining whether prohibition of the person’s
licensure, employment, or residence is warranted and in
-489-developing any conditional requirements under this paragraph.
d. If the department record check evaluation system
determines that the person has committed a crime or has a
record of founded child abuse which warrants prohibition of
licensure, employment, or residence, the person shall not be
licensed under this chapter and shall not be employed by a
licensee or reside in a licensed facility.
3. In addition to the record checks required under
subsection 2, the department of human services record check
evaluation system may conduct dependent adult abuse record
checks in this state and may conduct these checks in other
states, on a random basis. The provisions of subsection 2,
relative to an evaluation following a determination that a
person has been convicted of a crime or has a record of founded
child abuse, shall also apply to a random check conducted under
this subsection.
4. On or after July 1, 1994, a A licensee shall inform
all new applicants for employment of the possibility of the
performance of a record check and shall obtain, from the
applicant, a signed acknowledgment of the receipt of the
information.
5. On or after July 1, 1994, a A licensee shall include the
following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
Sec. 733. Section 237.13, Code 2023, is amended to read as
follows:
237.13 Foster home insurance fund.
1. For the purposes of this section, “foster home” means an
individual, as defined in section 237.1, subsection 7, who is
licensed to provide child foster care and shall also be known
as a “licensed foster home”.
2. The foster home insurance fund shall be administered by
the department of human services. The fund shall consist of
-490-all moneys appropriated by the general assembly for deposit
in the fund. The department shall use moneys in the fund to
provide home and property coverage for foster parents to cover
damages to property resulting from the actions of a foster
child residing in a foster home or to reimburse foster parents
for the cost of purchasing foster care liability insurance and
to perform the administrative functions necessary to carry out
this section. The department may establish limitations of
liability for individual claims as deemed reasonable by the
department.
3. The department of human services shall adopt rules,
pursuant to chapter 17A, to carry out the provisions of this
section.
Sec. 734. Section 237.15, subsection 7, Code 2023, is
amended to read as follows:
7. “Person or court responsible for the child” means the
department, including but not limited to the department of
health and human services, the agency, or the individual who is
the guardian of a child by court order issued by the juvenile
or district court and has the responsibility of the care of the
child, or the court having jurisdiction over the child.
Sec. 735. Section 237.16, Code 2023, is amended to read as
follows:
237.16 Child advocacy board — staff.
1. The child advocacy board is created within the department
of inspections and appeals. The state board consists of nine
members appointed by the governor, subject to confirmation
by the senate and directly responsible to the governor. One
member shall be an active court appointed special advocate
volunteer, one member shall be an active member of a local
citizen foster care review board, and one member shall be a
judicial branch employee or judicial officer appointed from
nominees submitted by the judicial branch. The appointment is
for a term of four years that begins and ends as provided in
section 69.19. Vacancies on the state board shall be filled in
-491-the same manner as original appointments are made.
2. The members of the state board shall annually select a
chairperson, vice chairperson, and other officers the members
deem necessary. The members may be entitled to receive
reimbursement for actual and necessary expenses incurred in
the performance of their duties, subject to available funding.
Each member of the board may also be eligible to receive
compensation as provided in section 7E.6. The state board
shall meet at least twice a year.
3. An employee of the department or of the department of
inspections and appeals, an employee of a child-placing agency,
an employee of an agency with which the department contracts
for services for children under foster care, a foster parent
providing foster care, or an employee of the district court
is not eligible to serve on the state board. However, the
judicial branch employee or judicial officer appointed from
nominees submitted by the judicial branch in accordance with
subsection 1 shall be eligible to serve on the state board.
4. The department and the department of inspections and
appeals shall jointly develop written protocols detailing the
responsibilities of each the department with regard to children
under the purview of the state board. The protocols shall be
reviewed by the departments department on an annual basis.
5. The director shall employ appropriate staff for the state
board in accordance with available funding.
Sec. 736. Section 237.18, subsection 4, Code 2023, is
amended by striking the subsection.
Sec. 737. Section 237.21, subsection 5, Code 2023, is
amended to read as follows:
5. Members of the state board and local boards, court
appointed special advocates, and the employees of the
department and the department of inspections and appeals are
subject to standards of confidentiality pursuant to sections
217.30, 228.6, subsection 1, sections 235A.15, 600.16,
and 600.16A. Members of the state and local boards, court
-492-appointed special advocates, and employees of the department
and the department of inspections and appeals who disclose
information or records of the board or department, other than
as provided in subsections 2, 3, and 4, section 232.126,
and section 237.20, subsection 2, are guilty of a simple
misdemeanor.
Sec. 738. Section 237A.1, Code 2023, is amended to read as
follows:
237A.1 Definitions.
As used in this chapter unless the context otherwise
requires:
1. “Administrator” means the administrator of the division
of the department designated by the director to administer this
chapter.
2. 1. “Child” means either of the following:
a. A person twelve years of age or younger.
b. A person thirteen years of age or older but younger than
nineteen years of age who has a developmental disability as
defined under the federal Developmental Disabilities Assistance
and Bill of Rights Act of 2000, Pub.L. No.106-402, as
codified in 42 U.S.C. §15002(8).
3. 2. “Child care” means the care, supervision, and
guidance of a child by a person other than the child’s parent,
guardian, or custodian for periods of less than twenty-four
hours per day per child on a regular basis, but does not
include care, supervision, and guidance of a child by any of
the following:
a. An instructional program for children who are attending
prekindergarten as defined by the state board of education
under section 256.11 or a higher grade level and are at least
four years of age, or are at least three years of age and
eligible for special education under chapter 256B, administered
by any of the following:
(1) A public or nonpublic school system accredited by the
department of education or the state board of regents.
-493- (2) A nonpublic school system which is not accredited by the
department of education or the state board of regents.
b. Any of the following church-related programs:
(1) An instructional program.
(2) A youth program other than a preschool, before or after
school child care program, or other child care program.
(3) A program providing care to children on church premises
while the children’s parents are attending church-related or
church-sponsored activities on the church premises.
c. Short-term classes of less than two weeks’ duration held
between school terms or during a break within a school term.
d. A child care center for sick children operated as part of
a pediatrics unit in a hospital licensed by the department of
inspections and appeals pursuant to chapter 135B.
e. A program operated not more than one day per week by
volunteers which meets all of the following conditions:
(1) Not more than eleven children are served per volunteer.
(2) The program operates for less than four hours during any
twenty-four-hour period.
(3) The program is provided at no cost to the children’s
parent, guardian, or custodian.
f. A program administered by a political subdivision of the
state which is primarily for recreational or social purposes
and is limited to children who are five years of age or older
and attending school.
g. An after school program continuously offered throughout
the school year calendar to children who are at least five
years of age and are enrolled in school, and attend the program
intermittently or a summer-only program for such children. The
program must be provided through a nominal membership fee or
at no cost.
h. A special activity program which meets less than four
hours per day for the sole purpose of the special activity.
Special activity programs include but are not limited to music
or dance classes, organized athletic or sports programs,
-494-recreational classes, scouting programs, and hobby or craft
clubs or classes.
i. A nationally accredited camp.
j. A structured program for the purpose of providing
therapeutic, rehabilitative, or supervisory services to
children under any of the following:
(1) A purchase of service or managed care contract with the
department.
(2) A contract approved by a governance board of a
decategorization of child welfare and juvenile justice funding
project created under section 232.188.
(3) An arrangement approved by a juvenile court order.
k. Care provided on-site to children of parents residing in
an emergency, homeless, or domestic violence shelter.
l. A child care facility providing respite care to a
licensed foster family home for a period of twenty-four hours
or more to a child who is placed with that licensed foster
family home.
m. A program offered to a child whose parent, guardian,
or custodian is engaged solely in a recreational or social
activity, remains immediately available and accessible on the
physical premises on which the child’s care is provided, and
does not engage in employment while the care is provided.
However, if the recreational or social activity is provided
in a fitness center or on the premises of a nonprofit
organization, the parent, guardian, or custodian of the child
may be employed to teach or lead the activity.
4. 3. “Child care center” or “center” means a facility
providing child care or preschool services for seven or more
children, except when the facility is registered as a child
development home.
5. 4. “Child care facility” or “facility” means a child
care center, preschool, or a registered child development home.
6. 5. “Child care home” means a person or program providing
child care to any of the following children at any one time
-495-that is not registered to provide child care under this
chapter, as authorized under section 237A.3:
a. Five or fewer children.
b. Six or fewer children, if at least one of the children
is school-aged.
7. 6. “Child development home” means a person or program
registered under section 237A.3A that may provide child care to
seven or more children at any one time.
7. “Council” means the council on health and human services.
8. “Department” means the department of health and human
services.
9. “Director” means the director of health and human
services.
10. “Infant” means a child who is less than twenty-four
months of age.
11. “Involvement with child care” means licensed or
registered under this chapter, employed in a child care
facility, residing in a child care facility, receiving public
funding for providing child care, or providing child care as a
child care home provider, or residing in a child care home.
12. “Licensed center” means a center issued a full or
provisional license by the department under the provisions
of this chapter or a center for which a license is being
processed.
13. “Poverty level” means the poverty level defined by the
most recently revised poverty income guidelines published by
the United States department of health and human services.
14. “Preschool” means a child care facility which provides
to children ages three through five, for periods of time not
exceeding three hours per day, programs designed to help the
children to develop intellectual skills, social skills, and
motor skills, and to extend their interest and understanding
of the world about them.
15. “School” means kindergarten or a higher grade level.
16. “State child care advisory committee” means the state
-496-child care advisory committee established pursuant to section
135.173A.
Sec. 739. Section 237A.2, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An application for a license or a renewal has been filed
with the administrator department on forms provided by the
department.
Sec. 740. Section 237A.2, subsection 3, Code 2023, is
amended to read as follows:
3. The administrator department may reduce a previously
issued license to a provisional license or issue a provisional
license for a period of time not to exceed one year if the
center does not meet standards required under this section.
A provisional license shall not be renewable in regard to
the same standards for more than two consecutive years. A
provisional license shall be posted in a conspicuous place
in the center as provided in this section. If written plans
to bring the center up to standards, giving specific dates
for completion of work, are submitted to and approved by the
department, the provisional license shall be renewable as
provided in this subsection.
Sec. 741. Section 237A.3A, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. Three categories of standards shall be applicable to
child development homes. The initial designations of the
categories, which may be revised by the department, shall be
“A”, “B”, and “C”, as ranked from less stringent standards and
capacity to more stringent standards and capacity. The “C”
registration category standards shall require the highest level
of provider qualifications and allow the greatest capacity of
the three categories. The department of human services, in
consultation with the Iowa department of public health, shall
adopt rules applying standards to each category specifying
provider qualifications and training, health and safety
requirements, capacity, amount of space available per child,
-497-and other minimum requirements. The capacity requirements
shall take into consideration the provider’s own children,
children who have a mild illness, children receiving part-time
child care, and children served as a sibling group in overnight
care.
Sec. 742. Section 237A.5, Code 2023, is amended to read as
follows:
237A.5 Personnel.
1. All personnel in licensed or registered facilities
shall have good health as evidenced by a report following a
preemployment physical examination taken within six months
prior to beginning employment. The examination shall include
communicable disease tests by a licensed physician as defined
in section 135C.1 or a licensed physician assistant as defined
in section 148C.1 and shall be repeated every three years after
initial employment. Controlled medical conditions which would
not affect the performance of the employee in the capacity
employed shall not prohibit employment.
2. a. For the purposes of this section, unless the context
otherwise requires:
(1) “Person subject to a record check” means a person who is
described by any of the following:
(a) The person is being considered for licensure or
registration or is registered or licensed under this chapter.
(b) The person is being considered by a child care facility
for employment involving direct responsibility for a child or
with access to a child when the child is alone or is employed
with such responsibilities.
(c) The person will reside or resides in a child care
facility.
(d) The person has applied for or receives public funding
for providing child care.
(e) The person will reside or resides in a child care home
that is not registered under this chapter but that receives
public funding for providing child care.
-498- (2) “Person subject to an evaluation” means a person subject
to a record check whose record indicates that the person has
committed a transgression.
(3) “Transgression” means the existence of any of the
following in a person’s record:
(a) Conviction of a crime.
(b) A record of having committed founded child or dependent
adult abuse.
(c) Listing in the sex offender registry under chapter 692A.
(d) A record of having committed a public or civil offense.
(e) The department has revoked a child care facility
registration or license due to the person’s continued or
repeated failure to operate the child care facility in
compliance with this chapter and rules adopted pursuant to this
chapter.
b. If an individual person subject to a record check is
being considered for employment by a child care facility or
child care home provider, in lieu of requesting a record check
in this state to be conducted by the department record check
evaluation system under paragraph “c”, the child care facility
or child care home may access the single contact repository
established pursuant to section 135C.33 as necessary to conduct
a criminal and child abuse record check of the individual
in this state. A copy of the results of the record check
conducted through the single contact repository shall also be
provided to the department record check evaluation system.
If the record check indicates the individual is a person
subject to an evaluation, the child care facility or child care
home may request that the department record check evaluation
system perform an evaluation as provided in this subsection.
Otherwise, the individual shall not be employed by the child
care facility or child care home.
c. Unless a record check has already been conducted in
accordance with paragraph “b”, the department record check
evaluation system shall conduct a criminal and child abuse
-499-record check in this state for a person who is subject to a
record check and may conduct such a check in other states. In
addition, the department record check evaluation system may
conduct a dependent adult abuse, sex offender registry, or
other public or civil offense record check in this state or in
other states for a person who is subject to a record check.
d. (1) For a person subject to a record check, in
addition to any other record check conducted pursuant to this
subsection, the person’s fingerprints shall be provided to the
department of public safety for submission through the state
criminal history repository to the United States department
of justice, federal bureau of investigation for a national
criminal history check. The department may adopt rules
specifying criteria in the public interest for requiring the
national criminal history check of a person to be repeated.
(2) Except as otherwise provided by law, the cost of a
national criminal history check conducted in accordance with
subparagraph (1) and the state record checks conducted in
accordance with paragraph “c” that are conducted in connection
with a person’s involvement with a child care center are not
the responsibility of the department. The department is
responsible for the cost of such checks conducted in connection
with a person’s involvement with a child development home or
child care home.
(3) If record checks under paragraph “b” or “c” have been
conducted on a person subject to a record check and the results
do not warrant prohibition of the person’s involvement with
child care or otherwise present protective concerns, the person
may be involved with child care on a provisional basis until
the record check under subparagraph (1) has been completed.
(4) If a person subject to a record check refuses to consent
to a record check or if the person makes what the person knows
to be a false statement of material fact in connection with a
record check, the person shall be prohibited from involvement
with child care.
-500- e. (1) If a record check performed pursuant to this
subsection identifies an individual as a person subject to
an evaluation, an evaluation shall be performed to determine
whether prohibition of the person’s involvement with child care
is warranted. The evaluation shall be performed in accordance
with procedures adopted for this purpose by the department.
(2) Prior to performing an evaluation, the department
record check evaluation system shall notify the affected
person, licensee, registrant, or child care home applying for
or receiving public funding for providing child care, that an
evaluation will be conducted to determine whether prohibition
of the person’s involvement with child care is warranted.
f. If a record check performed in accordance with paragraph
“b” or “c” identifies that an individual is a person subject
to an evaluation, the department record check evaluation
system shall perform the evaluation in accordance with this
subsection, even if the application which made the person
subject to the record check is withdrawn or the circumstances
which made the person subject to the record check are no longer
applicable. If the department’s record check evaluation
system’s evaluation determines that prohibition of the person’s
involvement with child care is warranted, the provisions of
this subsection regarding such a prohibition shall apply.
g. A person subject to a record check who is or was employed
by a child care facility or child care home provider and
is hired by another child care facility or child care home
provider shall be subject to a record check in accordance
with this subsection. However, if the person was subject
to an evaluation because of a transgression in the person’s
record and the evaluation determined that the transgression
did not warrant prohibition of the person’s involvement
with child care and the latest record checks do not indicate
there is a transgression that was committed subsequent to
that evaluation, the person may commence employment with the
other child care facility or provider in accordance with the
-501-department’s evaluation and an exemption from any requirements
for reevaluation of the latest record checks is authorized.
Authorization of an exemption under this paragraph “g” from
requirements for reevaluation of the latest record checks by
the department record check evaluation system is subject to all
of the following provisions:
(1) The position with the subsequent employer is
substantially the same or has the same job responsibilities as
the position for which the previous evaluation was performed.
(2) Any restrictions placed on the person’s employment
in the previous evaluation by the department record check
evaluation system shall remain applicable in the person’s
subsequent employment.
(3) The person subject to the record checks has maintained a
copy of the previous evaluation and provides the evaluation to
the subsequent employer or the previous employer provides the
previous evaluation from the person’s personnel file pursuant
to the person’s authorization. If a physical copy of the
previous evaluation is not provided to the subsequent employer,
the record checks shall be reevaluated.
(4) Although an exemption under this paragraph “g” may
be authorized, the subsequent employer may instead request a
reevaluation of the record checks and may employ the person
while the reevaluation is being performed.
h. In an evaluation, the department record check evaluation
system shall consider the nature and seriousness of the
transgression in relation to the position sought or held, the
time elapsed since the commission of the transgression, the
circumstances under which the transgression was committed,
the degree of rehabilitation, the likelihood that the person
will commit the transgression again, and the number of
transgressions committed by the person involved. In addition
to record check information, the department record check
evaluation system may utilize information from the department’s
record check evaluation system’s case records in performing the
-502-evaluation. The department record check evaluation system may
permit a person who is evaluated to maintain involvement with
child care, if the person complies with the department’s record
check evaluation system’s conditions and corrective action plan
relating to the person’s involvement with child care. The
department record check evaluation system has final authority
in determining whether prohibition of the person’s involvement
with child care is warranted and in developing any conditional
requirements and corrective action plan under this paragraph.
i. (1) A person subject to an evaluation shall be
prohibited from involvement with child care under any of the
following circumstances:
(a) The person has a record of founded child abuse or
dependent adult abuse that was determined to be sexual abuse.
(b) The person is listed or is required to be listed on
any state sex offender registry or the national sex offender
registry.
(c) The person has committed any of the following
felony-level offenses:
(i) Child endangerment or neglect or abandonment of a
dependent person.
(ii) Domestic abuse.
(iii) A crime against a child including but not limited to
sexual exploitation of a minor.
(iv) A forcible felony.
(v) Arson.
(d) The person has a record of a misdemeanor conviction
against a child that constitutes one of the following offenses:
(i) Child abuse.
(ii) Child endangerment.
(iii) Sexual assault.
(iv) Child pornography.
(2) If, within five years prior to the date of application
for registration or licensure under this chapter, for
employment or residence in a child care facility or child care
-503-home, or for receipt of public funding for providing child
care, a person subject to an evaluation has been convicted
of a controlled substance offense or has been found to have
committed physical abuse, the person shall be prohibited from
involvement with child care for a period of five years from
the date of conviction or founded abuse. After the five-year
prohibition period, the person may submit an application for
registration or licensure under this chapter, or to receive
public funding for providing child care, or may request an
evaluation, and the department record check evaluation system
shall perform an evaluation and, based upon the criteria in
paragraph “h”, shall determine whether prohibition of the
person’s involvement with child care continues to be warranted.
j. If the department record check evaluation system
determines, through an evaluation of a person’s transgression,
that the person’s prohibition of involvement with child care is
warranted, the person shall be prohibited from involvement with
child care. The department record check evaluation system may
identify a period of time after which the person may request
that another record check and evaluation be performed. A
person who continues involvement with child care in violation
of this subsection is subject to penalty under section 237A.19
or injunction under section 237A.20.
k. If it has been determined that a child receiving child
care from a child care facility or a child care home is the
victim of founded child abuse committed by an employee,
license or registration holder, child care home provider, or
resident of the child care facility or child care home for
which a report is placed in the central registry pursuant to
section 232.71D, the administrator department shall provide
notification at the time of the determination to the parents,
guardians, and custodians of children receiving care from the
child care facility or child care home. A notification made
under this paragraph shall identify the type of abuse but shall
not identify the victim or perpetrator or circumstances of the
-504-founded abuse.
3. On or after July 1, 1994, a A licensee or registrant
shall inform all new applicants for employment of the
possibility of the performance of a record check and shall
obtain, from the applicant, a signed acknowledgment of the
receipt of the information.
4. On or after July 1, 1994, a A licensee or registrant
shall include the following inquiry in an application for
employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
5. A person who serves as an unpaid volunteer in a child
care facility shall not be required to complete training as a
mandatory reporter of child abuse under section 232.69 or under
any other requirement.
Sec. 743. Section 237A.6, Code 2023, is amended to read as
follows:
237A.6 Consultative services.
The department shall, and the director of public health
may provide consultative services to a person applying for
a license or registration, or licensed or registered by the
administrator under this chapter.
Sec. 744. Section 237A.8, Code 2023, is amended to read as
follows:
237A.8 Violations — actions against license or registration.
The administrator department, after notice and opportunity
for an evidentiary hearing before the department of inspections
and appeals, may suspend or revoke a license or certificate of
registration issued under this chapter or may reduce a license
to a provisional license if the person to whom a license or
certificate is issued violates a provision of this chapter or
if the person makes false reports regarding the operation of
the child care facility to the administrator or a designee of
the administrator department. The administrator department
-505- shall notify the parent, guardian, or legal custodian of each
child for whom the person provides child care at the time
of action to suspend or revoke a license or certificate of
registration.
Sec. 745. Section 237A.12, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. Rules relating to fire safety for child care centers
shall be adopted under this chapter by the state fire marshal
in consultation with the department. Rules adopted by the
state fire marshal for a building which is owned or leased by a
school district or accredited nonpublic school and used as a
child care facility shall not differ from standards adopted by
the state fire marshal for school buildings under chapter 100.
Rules relating to sanitation shall be adopted by the department
in consultation with the director of public health. All rules
shall be developed in consultation with the state child care
advisory committee. The state fire marshal shall inspect the
facilities.
4. If a building is owned or leased by a school district
or accredited nonpublic school and complies with standards
adopted by the state fire marshal for school buildings under
chapter 100, the building is considered appropriate for use by
a child care facility. The rules adopted by the administrator
department under this section shall not require the facility
to comply with building requirements which differ from
requirements for use of the building as a school.
Sec. 746. Section 237A.14, subsection 4, Code 2023, is
amended to read as follows:
4. The department of human services shall adopt rules
pursuant to chapter 17A in accordance with this section.
Sec. 747. Section 237A.23, subsection 1, Code 2023, is
amended to read as follows:
1. The departments department and the department of
education, public health, and human services shall jointly
establish a leadership council for child care training and
-506-development in this state. In addition to representatives of
the three departments, the leadership council shall include
but is not limited to representatives of community colleges,
institutions of higher learning under the state board of
regents and private institutions of higher education, the
Iowa cooperative extension service in agriculture and home
economics, and child care resource and referral service
agencies.
Sec. 748. Section 237A.25, subsection 1, Code 2023, is
amended to read as follows:
1. The department shall develop consumer information
material to assist parents in selecting a child care provider.
In developing the material, the department shall consult with
department of human services staff, department of education
staff, the state child care advisory committee, the early
childhood Iowa state board, and child care resource and
referral services. In addition, the department may consult
with other entities at the local, state, and national level.
Sec. 749. Section 237A.29, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A child care provider that has been found by the department
of inspections and appeals in an administrative proceeding
or in a judicial proceeding to have obtained, or has agreed
to entry of a civil judgment or judgment by confession that
includes a conclusion of law that the child care provider has
obtained, by fraudulent means, public funding for provision of
child care in an amount equal to or in excess of the minimum
amount for a fraudulent practice in the second degree under
section 714.10, subsection 1, paragraph “a”, shall be subject
to sanction in accordance with this subsection. Such child
care provider shall be subject to a period during which receipt
of public funding for provision of child care is conditioned
upon no further violations and to one or more of the following
sanctions as determined by the department of human services:
-507- Sec. 750. Section 237A.30, subsection 1, Code 2023, is
amended to read as follows:
1. The department shall work with the early childhood Iowa
office in the department of management program established in
section 256I.5 and the state child care advisory committee in
designing and implementing a voluntary quality rating system
for each provider type of child care facility.
Sec. 751. Section 237C.1, Code 2023, is amended to read as
follows:
237C.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of that division
of the department designated by the director of human services
to administer this chapter or the administrator’s designee.
2. 1. “Child” or “children” means an individual or
individuals under eighteen years of age.
3. 2. “Children’s residential facility” means a private
facility designed to serve children who have been voluntarily
placed for reasons other than an exclusively recreational
activity outside of their home by a parent or legal guardian
and who are not under the custody or authority of the
department of human services, juvenile court, or another
governmental agency, that provides twenty-four-hour care,
including food, lodging, supervision, education, or other care
on a full-time basis by a person other than a relative or
guardian of the child, but does not include an entity providing
any of the following:
a. Care furnished by an individual who receives the child of
a personal friend as an occasional and personal guest in the
individual’s home, free of charge and not as a business.
b. Care furnished by an individual with whom a child has
been placed for lawful adoption, unless that adoption is not
completed within two years after placement.
c. Child care furnished by a child care facility as defined
-508-in section 237A.1.
d. Care furnished in a hospital licensed under chapter
135B or care furnished in a health care facility as defined in
section 135C.1.
e. Care furnished by a juvenile detention home or juvenile
shelter care home approved under section 232.142.
f. Care furnished by a child foster care facility licensed
under chapter 237.
g. Care furnished by an institution listed in section 218.1.
h. Care furnished by a facility licensed under chapter 125.
i. Care furnished by a psychiatric medical institution for
children licensed under chapter 135H.
4. 3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
Sec. 752. Section 237C.3, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services shall consult with the
department of education, and the department of inspections
and appeals, the department of public health, the state fire
marshal, and other agencies as determined by the department
of human services to establish certification standards for
children’s residential facilities in accordance with this
chapter.
Sec. 753. Section 237C.4, subsection 3, Code 2023, is
amended to read as follows:
3. Rules governing sanitation, water, and waste disposal
standards for children’s residential facilities shall be
adopted by the department of human services in consultation
with the director of public health.
Sec. 754. Section 237C.4, subsection 7, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Prior to establishing, proposing, adopting, or modifying a
standard or rule under section 237C.3, this section, or section
-509-282.34, the department of human services or the department of
education, as applicable, shall, at a minimum, do all of the
following:
Sec. 755. Section 237C.5, Code 2023, is amended to read as
follows:
237C.5 Certificate of approval — certification required.
A person shall not operate a children’s residential facility
without a certificate of approval to operate issued by the
administrator department under this chapter.
Sec. 756. Section 237C.6, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A person shall apply for a certificate to operate a
children’s residential facility by completing and submitting
to the administrator department an application in a form
and format approved by the administrator department. The
administrator department shall issue or reissue a certificate
of approval if the administrator department determines that
the applicant is or upon commencing operation will provide
children’s residential facility services in compliance with
this chapter. A certificate of approval is valid for up to one
year from the date of issuance for the period determined by
the administrator department in accordance with administrative
rules providing criteria for making the determination.
3. The administrator department may deny an application
for issuance or reissuance of a certificate of approval or
suspend or revoke a certificate of approval if the applicant
or certificate holder, as applicable, fails to comply with
this chapter or the rules adopted pursuant to this chapter or
knowingly makes a false statement concerning a material fact or
conceals a material fact on the application for the issuance
or reissuance of a certificate of approval or in a report
regarding operation of the children’s residential facility
submitted to the administrator department. All operations of a
children’s residential facility shall cease during a period of
suspension or revocation. The administrator department shall
-510-suspend or revoke a certificate of approval of a children’s
residential facility that fails to comply with section 282.34.
Sec. 757. Section 237C.8, Code 2023, is amended to read as
follows:
237C.8 Reports and inspections.
The administrator department may require submission of
reports by a certificate of approval holder and shall cause
at least one annual unannounced inspection of a children’s
residential facility to assess compliance with applicable
requirements and standards. The inspections shall be conducted
by the department of inspections and appeals in addition to
initial, renewal, and other inspections that result from
complaints or self-reported incidents. The department of
inspections and appeals and the department of human services
may examine records of a children’s residential facility and
may inquire into matters concerning the children’s residential
facility and its employees, volunteers, and subcontractors
relating to requirements and standards for children’s
residential facilities under this chapter.
Sec. 758. Section 238.1, Code 2023, is amended to read as
follows:
238.1 Definitions.
For the purpose of this chapter unless the context otherwise
requires:
1. “Administrator” means the administrator of the division
of child and family services of the department of human
services.
2. 1. “Child” means the same as defined in section 234.1.
3. 2. “Child-placing agency” or “agency” means any agency,
whether public, semipublic, or private, which represents that
the agency places children permanently or temporarily in
private family homes or receives children for placement in
private family homes, or which actually engages for gain or
otherwise in the placement of children in private family homes.
“Agency” includes individuals, institutions, partnerships,
-511-voluntary associations, and corporations, other than
institutions under the management or control of the department.
3. “Council” means the council on health and human services.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
4. “Person” or “agency” shall include individuals,
institutions, partnerships, voluntary associations, and
corporations, other than institutions under the management or
control of any division or any administrator of the department
of human services.
5. “State division” means the same as defined in section
234.1.
Sec. 759. Section 238.3, Code 2023, is amended to read as
follows:
238.3 Authority to license.
The administrator department may grant a license under this
chapter for the period specified in section 238.9 for the
conduct operation of any a child-placing agency in this state.
Sec. 760. Section 238.4, Code 2023, is amended to read as
follows:
238.4 Granting of license conditional.
No such A license shall not be issued under this chapter
unless the person applying shall have shown applicant shows
that the person applicant and the person’s applicant’s agents
are properly equipped by training and experience to find and
select suitable temporary or permanent homes for children and
to supervise such the homes when in which the children are
placed in them, to the end that safeguard the health, morality,
and general well-being of the children placed by them shall be
properly safeguarded.
Sec. 761. Section 238.5, Code 2023, is amended to read as
follows:
238.5 License required.
-512- No A person shall conduct not operate a child-placing
agency or solicit or receive funds for its the support of a
child-placing agency without an unrevoked license issued by the
administrator department within the preceding twelve months
preceding to conduct such agency.
Sec. 762. Section 238.6, Code 2023, is amended to read as
follows:
238.6 Form of license.
The license shall state the name of the licensee and the
particular premises in which the business agency may be carried
on operated.
Sec. 763. Section 238.7, Code 2023, is amended to read as
follows:
238.7 Posting of license.
Such A license shall be kept posted in a conspicuous place on
the licensed premises.
Sec. 764. Section 238.8, Code 2023, is amended to read as
follows:
238.8 Record of license.
A record of the licenses so issued by the department under
this chapter shall be kept maintained by the administrator
department.
Sec. 765. Section 238.10, Code 2023, is amended to read as
follows:
238.10 Revocation of license.
The administrator department may, after due notice and
hearing, revoke the license if any of the following applies:
1. In case the person to whom the same is issued The
licensee violates any provision of this chapter.
2. When in the opinion of the administrator such the
agency is maintained in such a way as to waste or misuse funds
contributed by the public or without due regard to sanitation
or hygiene or to the health, comfort, or well-being of the
child cared for or placed by the agency.
3. In case of violation by the The licensee or the
-513-licensee’s agents of violate any law of the state in a manner
disclosing moral turpitude or unfitness to maintain such the
agency.
4. In case any such The agency is conducted operated by a
person of ill repute or bad moral character.
5. In case said The agency operates in persistent violation
of the reasonable regulations of the administrator governing
such agencies.
Sec. 766. Section 238.11, Code 2023, is amended to read as
follows:
238.11 Written charges — findings — notice.
Written charges against the licensee shall be served upon
the licensee at least ten days before a hearing shall be had
thereon on the charges and a written copy of the findings
and decisions of the administrator upon department following
the hearing shall be served upon the licensee in the manner
prescribed for the service of original notice in civil actions.
Sec. 767. Section 238.12, Code 2023, is amended to read as
follows:
238.12 Appeal — judicial review.
1. Any A licensee feeling aggrieved by any a decision of
the administrator department revoking the licensee’s license
may appeal to the council on human services in the manner of
form prescribed by such the council. The council shall, upon
receipt of such an appeal, give the licensee reasonable notice
and opportunity for a fair hearing before such the council
or its duly authorized representative or representatives.
Following such the hearing the council on human services shall
take its final action and notify the licensee in writing.
2. Judicial review of the actions of the council may be
sought in accordance with the terms of the Iowa administrative
procedure Act, chapter 17A.
Sec. 768. Section 238.16, Code 2023, is amended to read as
follows:
238.16 Rules and regulations.
-514- It shall be the duty of the administrator to provide such
The department shall prescribe general regulations and rules
for the conduct of all such child-placing agencies as shall be
necessary to effect the purposes of this chapter and of all
other applicable laws of the state relating to children so far
as the same are applicable, and to safeguard the well-being of
children placed or cared for by such agencies.
Sec. 769. Section 238.17, Code 2023, is amended to read as
follows:
238.17 Forms for registration and record — preservation and
maintenance.
1. The administrator department shall prescribe forms for
the registration and record of persons children cared for by
any child-placing agency licensed under this chapter and for
reports required by said administrator the department from the
agencies.
2. If, for any reason, a child-placing agency as defined
by section 238.1 shall cease ceases to exist, all records of
registration and placement and all other records of any kind
and character kept maintained by such the child-placing agency
shall be turned over to the administrator department, for
preservation, to be kept preserved and maintained by the said
administrator department as a permanent record.
Sec. 770. Section 238.18, Code 2023, is amended to read as
follows:
238.18 Duty of licensee.
1. A child-placing agency licensed under this chapter shall
keep maintain a record and make reports in the form to be
prescribed by the administrator department.
2. For a child being placed by the agency, the agency’s
duties shall include compliance with the requirements of
section 232.108 relating to visitation or ongoing interaction
between the child and the child’s siblings.
Sec. 771. Section 238.19, Code 2023, is amended to read as
follows:
-515- 238.19 Inspection generally.
Authorized employees of the department of inspections and
appeals may inspect the premises and conditions of the agency
at any time, and examine every part of the agency;, and may
inquire into all matters concerning the agency and the children
in the care of the agency.
Sec. 772. Section 238.22, Code 2023, is amended to read as
follows:
238.22 Licensee to aid inspection.
The licensees A licensee shall give provide all reasonable
information to such inspectors authorized under this chapter
and afford them the inspectors every reasonable facility means
for obtaining pertinent information.
Sec. 773. Section 238.24, Code 2023, is amended to read as
follows:
238.24 Information confidential — exceptions.
1. Except as authorized by this section, a person who
acquires under this chapter or from the records provided for in
this chapter, information relative to any agency, or relative
to any individual cared for by the agency, or relative to any
relative of the individual, shall not directly or indirectly
disclose the information.
2. Disclosure of information acquired under this chapter
or from the records provided for in this chapter is authorized
under any of the following circumstances:
a. Disclosure made upon inquiry before a court of law,
or before some other tribunal, or for the information of the
governor, general assembly, medical examiners, administrator,
Iowa department of public health director, or the local board
of health in the jurisdiction where the agency is located.
b. Disclosure may be made by the administrator director to
proper persons as may be in the interest of a child cared for by
the agency or in the interest of the child’s parents or foster
parents and not inimical to the child, or as may be necessary
to protect the interests of the child’s prospective foster
-516-parents. However, disclosure of termination and adoption
records shall be governed by the provisions of sections 600.16
and 600.16A.
c. Disclosure for purposes of statistical analysis performed
by duly authorized persons of data collected under this chapter
or the publication of the results of such analysis in such
manner as will not disclose confidential information.
Sec. 774. Section 238.31, Code 2023, is amended to read as
follows:
238.31 Inspection of foster homes.
The administrator department shall be satisfied ensure that
each licensed child-placing agency is maintaining maintains
proper standards in its work, and said administrator may at
any time cause the child and home in which the child has been
placed to be visited by the administrator’s director’s agents
for the purpose of ascertaining whether the home is a suitable
one for the child, and may continue to visit and inspect the
foster home and the conditions therein in the foster home as
they affect said the child.
Sec. 775. Section 238.32, Code 2023, is amended to read as
follows:
238.32 Authority to agencies.
Any institution incorporated under the laws of this state
or maintained for the purpose of caring for, placing out for
adoption, or otherwise improving the condition of unfortunate
children may, under the conditions An agency as specified
in this chapter and when licensed in accordance with the
provisions of this chapter may do any of the following:
1. Receive children in need of assistance, or delinquent
children who are under eighteen years of age, under commitment
from found to have committed a delinquent act by the juvenile
court, and control and dispose of them provide for the
disposition of the children subject to the provisions of
chapter 232 and chapter 600A.
2. Receive, control, and dispose and provide for the
-517-disposition of all minor children voluntarily surrendered to
such institutions the agency.
Sec. 776. Section 238.42, Code 2023, is amended to read as
follows:
238.42 Agreement in child placements.
Every An agency placing a child in a foster home shall enter
into a written agreement with the person taking the child,
which. The agreement shall provide that the agency placing the
child shall have access at all reasonable times to such the
child and to the home in which the child is living, and for the
return of the child by the person taking may remove the child
from the home whenever, in the opinion of the agency placing
such child, or in the opinion of the administrator department,
removal is in the best interests of the child shall require it.
Sec. 777. Section 238.45, Code 2023, is amended to read as
follows:
238.45 Penalty.
Every A person who violates any of the provisions provision
of this chapter or who intentionally shall make makes any false
statements or reports to the administrator with reference to
the matters contained herein department relative to a provision
of this chapter, shall be is guilty of a fraudulent practice.
Sec. 778. Section 239A.2, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of workforce development, in consultation
with the director of health and human services, shall establish
a procedure for assignment of persons referred under section
239A.1 to positions available in public works projects. The
department of workforce development shall arrange with units of
local government for establishment of such projects, which may
include any type of work or endeavor that is within the scope
of authority of the unit of local government involved so long
as the project meets the following requirements:
Sec. 779. Section 239B.1, subsection 4, Code 2023, is
amended to read as follows:
-518- 4. “Department” means the department of health and human
services.
Sec. 780. Section 239B.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 4A. “Director” means the director of health
and human services.
Sec. 781. Section 239B.2, subsection 6, Code 2023, is
amended to read as follows:
6. Cooperation with child support requirements. The
department shall provide for prompt notification of the
department’s child support recovery unit services if assistance
is provided to a child whose parent is absent from the home.
An applicant or participant shall cooperate with the child
support recovery unit services and the department as provided
in 42 U.S.C. §608(a)(2) unless the applicant or participant
qualifies for good cause or other exception as determined
by the department in accordance with the best interest of
the child, parent, or specified relative, and with standards
prescribed by rule. The authorized good cause or other
exceptions shall include participation in a family investment
agreement safety plan option to address or prevent family or
domestic violence and other consideration given to the presence
of family or domestic violence. If a specified relative with
whom a child is residing fails to comply with these cooperation
requirements, a sanction shall be imposed as defined by rule in
accordance with state and federal law.
Sec. 782. Section 239B.8, subsection 6, Code 2023, is
amended to read as follows:
6. Confidential information disclosure. If approved by
the director of human services or the director’s designee
pursuant to a written request, the department shall disclose
confidential information described in section 217.30,
subsection 2, to other state agencies or to any other entity
which is not subject to the provisions of chapter 17A and is
providing services to a participant family who is subject to
-519-a family investment agreement, if necessary in order for the
participant family to receive the services. The department
shall adopt rules establishing standards for disclosure of
confidential information if disclosure is necessary in order
for a participant to receive services.
Sec. 783. Section 239B.9, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. If a participant responsible for signing and fulfilling
the terms of a family investment agreement, as defined by the
director of human services in accordance with section 239B.8,
chooses not to sign or fulfill the terms of the agreement, the
participant’s family, or the individual participant shall enter
into a limited benefit plan. Initial actions in a written
statement under section 239B.2, subsection 4, which were
committed to by a participant during the application period
and which commitment remains in effect, shall be considered to
be a term of the participant’s family investment agreement.
A limited benefit plan shall apply for the period of time
specified in this section. The first month of the limited
benefit plan is the first month after the month in which timely
and adequate notice of the limited benefit plan is given to the
participant as defined by the director of human services. The
elements of a limited benefit plan shall be specified in the
department’s rules.
Sec. 784. Section 239B.9, subsection 3, paragraphs a and c,
Code 2023, are amended to read as follows:
a. A participant who does not establish an orientation
appointment with the JOBS program or who fails to keep or
reschedule an orientation appointment shall receive a reminder
letter which informs the participant that those who do not
attend orientation have elected to choose a limited benefit
plan. A participant who chooses not to respond to the reminder
letter within ten calendar days from the mailing date shall
receive notice establishing the effective date of the limited
benefit plan. If a participant is deemed to have chosen a
-520-limited benefit plan, timely and adequate notice provisions, as
determined by the director of human services, shall apply.
c. A participant who has signed a family investment
agreement but then chooses a limited benefit plan under
circumstances defined by the director of human services.
Sec. 785. Section 239B.12, Code 2023, is amended to read as
follows:
239B.12 Immunization.
1. To the extent feasible, the department shall determine
the immunization status of children receiving assistance under
this chapter. The status shall be determined in accordance
with the immunization recommendations adopted by the Iowa
department of public health under section 139A.8, including the
exemption provisions in section 139A.8, subsection 4. If the
department determines a child is not in compliance with the
immunization recommendations, the department shall refer the
child’s parent or guardian to a local public health agency for
immunization services for the child and other members of the
child’s family.
2. The department of human services shall cooperate with the
Iowa department of public health to establish an interagency
agreement allowing the sharing of pertinent client data, as
permitted under federal law and regulation, for the purposes
of determining determine immunization rates of participants,
evaluating evaluate family investment program efforts to
encourage immunizations, and developing develop strategies to
further encourage immunization of participants.
Sec. 786. Section 239B.16, Code 2023, is amended to read as
follows:
239B.16 Appeal — judicial review.
If an applicant’s application is not acted upon within
a reasonable time, if it is denied in whole or in part, or
if a participant’s assistance or other benefits under this
chapter are modified, suspended, or canceled under a provision
of this chapter, the applicant or participant may appeal to
-521-the department of human services which shall request the
department of inspections and appeals to conduct a hearing.
Upon completion of a hearing, the department of inspections
and appeals shall issue a decision which is subject to review
by the department of human services. Judicial review of the
actions of the department of human services may be sought in
accordance with chapter 17A. Upon receipt of a notice of
the filing of a petition for judicial review, the department
of human services shall furnish the petitioner with a copy
of any papers filed in support of the petitioner’s position,
a transcript of any testimony taken, and a copy of the
department’s decision.
Sec. 787. Section 239B.17, subsection 1, Code 2023, is
amended to read as follows:
1. Program established. The promoting independence and
self-sufficiency through employment job opportunities and basic
skills program is established for applicants and participants
of the family investment program. The requirements of the
JOBS program shall vary as provided in the family investment
agreement applicable to a family. The department of workforce
development, economic development authority, department of
education, and all other state, county, and public educational
agencies and institutions providing vocational rehabilitation,
adult education, or vocational or technical training shall
assist and cooperate in the JOBS program. The departments,
agencies, and institutions shall make agreements and
arrangements for maximum cooperation and use of all available
resources in the program. The department of human services
may contract with the department of workforce development, the
economic development authority, or another appropriate entity
to provide JOBS program services.
Sec. 788. Section 241.1, Code 2023, is amended to read as
follows:
241.1 Definitions.
As used in this chapter, unless the context otherwise
-522-requires:
1. “Department” means the department of health and human
services.
2. “Director” means the director of health and human
services.
1. 3. “Displaced homemaker” means an individual who meets
all of the following criteria:
a. Has worked principally in the home providing unpaid
household services for family members.
b. Is not gainfully employed.
c. Has had, or would apparently have, difficulty finding
appropriate paid employment.
d. Has been dependent on the income of another family
member but is no longer supported by that income, is or has
been dependent on government assistance, or is supported as the
parent of a child who is sixteen or seventeen years of age.
2. “Department” means the department of human services.
3. “Director” means the director of the department of human
services.
Sec. 789. Section 241.3, subsection 2, Code 2023, is amended
to read as follows:
2. The department shall consult and cooperate with the
department of workforce development, the United States
commissioner of social security administration, the office on
the status of women of the department of human rights, the
department of education, and other persons in the executive
branch of the state government as the department considers
appropriate to facilitate the coordination of multipurpose
service programs established under this chapter with existing
programs of a similar nature.
Sec. 790. Section 249.1, Code 2023, is amended to read as
follows:
249.1 Definitions.
As used in this chapter:
1. “Council” means the council on health and human services.
-523- 1. 2. “Department” means the department of health and human
services.
2. 3. “Director” means the director of health and human
services.
3. 4. “Federal supplemental security income” means cash
payments made to individuals by the United States government
under Tit.XVI of the Social Security Act as amended by Pub.L.
No.92-603, or any other amendments thereto.
4. 5. “Previous categorical assistance programs” means the
aid to the blind program authorized by chapter 241, the aid to
the disabled program authorized by chapter 241A and the old-age
assistance program authorized by chapter 249, Code 1973.
5. 6. “State supplementary assistance” means cash payments
made to individuals:
a. By the United States government on behalf of the state of
Iowa pursuant to section 249.2.
b. By the state of Iowa directly pursuant to sections 249.3
through 249.5.
Sec. 791. Section 249.4, subsection 1, Code 2023, is amended
to read as follows:
1. Applications for state supplementary assistance shall be
made in the form and manner prescribed by the director or the
director’s designee, with the approval of the council on human
services, pursuant to chapter 17A. Each person who so applies
and is found eligible under section 249.3 shall, so long as the
person’s eligibility continues, receive state supplementary
assistance on a monthly basis, from funds appropriated to the
department for the purpose.
Sec. 792. Section 249.5, Code 2023, is amended to read as
follows:
249.5 Judicial review.
If an application is not acted upon within a reasonable
time, if it is denied in whole or in part, or if an award
of assistance is modified, suspended, or canceled under a
provision of this chapter, the applicant or recipient may
-524-appeal to the department of human services, which shall
request the department of inspections and appeals to conduct
a hearing. Upon completion of a hearing, the department of
inspections and appeals shall issue a decision which is subject
to review by the department of human services. Judicial
review of the actions of the department of human services
may be sought in accordance with chapter 17A. Upon receipt
of the petition for judicial review, the department of human
services shall furnish the petitioner with a copy of any
papers filed by the petitioner in support of the petitioner’s
position, a transcript of any testimony taken, and a copy of
the department’s decision.
Sec. 793. Section 249.8, Code 2023, is amended to read as
follows:
249.8 Cancellation of warrants.
The director of the department of administrative services,
as of January, April, July, and October 1 of each year, shall
stop payment on and issue duplicates of all state supplementary
assistance warrants which have been outstanding and unredeemed
by the treasurer of state for six months or longer. No A bond
of indemnity shall not be required for the issuance of such
the duplicate warrants which shall be canceled immediately by
the director of the department of administrative services. If
the original warrants are subsequently presented for payment,
warrants in lieu thereof of the original warrants shall be
issued by the director of the department of administrative
services at the discretion of and upon certification by the
director of human services or the director’s designee.
Sec. 794. Section 249.11, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections and appeals shall conduct
investigations and audits as deemed necessary to ensure
compliance with state supplementary assistance programs
administered under this chapter. The department of inspections
and appeals shall cooperate with the department of human
-525-services on the development of procedures relating to such
investigations and audits to ensure compliance with federal and
state single state agency requirements.
Sec. 795. Section 249.12, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. In order to assure that the necessary data is available
to aid the general assembly to determine appropriate funding
for the custodial care program, the department of human
services shall develop a cost-related system for financial
supplementation to individuals who need custodial care and who
have insufficient resources to purchase the care needed.
2. All privately operated licensed custodial facilities in
Iowa shall cooperate with the department of human services to
develop the cost-related plan.
Sec. 796. Section 249A.2, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the department of health and human
services.
2. “Director” means the director of health and human
services.
Sec. 797. Section 249A.4, subsection 10, paragraph c,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
A nursing facility that utilizes the supplementation option
and receives supplementation under this subsection during any
calendar year shall report to the department of human services
annually, by January 15, the following information for the
preceding calendar year:
Sec. 798. Section 249A.4, subsection 11, Code 2023, is
amended to read as follows:
11. Shall provide an opportunity for a fair hearing before
the department of inspections and appeals to an individual
whose claim for medical assistance under this chapter is
denied or is not acted upon with reasonable promptness. Upon
completion of a hearing, the department of inspections and
-526-appeals shall issue a decision which is subject to review by
the department of human services. Judicial review of the
decisions of the department of human services may be sought in
accordance with chapter 17A. If a petition for judicial review
is filed, the department of human services shall furnish the
petitioner with a copy of the application and all supporting
papers, a transcript of the testimony taken at the hearing, if
any, and a copy of its decision.
Sec. 799. Section 249A.4B, Code 2023, is amended to read as
follows:
249A.4B Medical assistance advisory council.
1. A medical assistance advisory council is created to
comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
the federal Social Security Act and to advise the director
about health and medical care services under the medical
assistance program. The council shall meet no more than
quarterly. The director of director’s designee responsible
for public health or their designee and a public member of the
council selected by the public members of the council shall
serve as co-chairpersons of the council.
2. a. The council shall consist of the following voting
members:
(1) Five professional or business entity members selected
by the entities specified pursuant to subsection 3, paragraph
“a”.
(2) Five public members appointed pursuant to subsection 3,
paragraph “b”. Of the five public members, at least one member
shall be a recipient of medical assistance.
b. The council shall include all of the following nonvoting
members:
(1) The director of public health, or the director’s
designee responsible for public health or their designee.
(2) The director of the department on aging, or the
director’s designee.
(3) (2) The long-term care ombudsman, or the long-term care
-527-ombudsman’s designee.
(4) (3) The dean of Des Moines university — college of
osteopathic medical center medicine, or the dean’s designee.
(5) (4) The dean of the university of Iowa college of
medicine, or the dean’s designee.
(6) (5) A member of the hawk-i Hawki board created in
section 514I.5, selected by the members of the hawk-i Hawki
board.
(7) (6) The following members of the general assembly, each
for a term of two years as provided in section 69.16B:
(a) Two members of the house of representatives, one
appointed by the speaker of the house of representatives
and one appointed by the minority leader of the house of
representatives from their respective parties.
(b) Two members of the senate, one appointed by the
president of the senate after consultation with the majority
leader of the senate and one appointed by the minority leader
of the senate.
3. The voting membership of the council shall be selected
or appointed as follows:
a. The five professional or business entity members shall
be selected by the entities specified under this paragraph
“a”. The five professional or business entity members selected
shall be the president, or the president’s representative,
of the professional or business entity, or a member of the
professional or business entity, designated by the entity.
(1) The Iowa medical society.
(2) The Iowa osteopathic medical association.
(3) The Iowa academy of family physicians.
(4) The Iowa chapter of the American academy of pediatrics.
(5) The Iowa physical therapy association.
(6) The Iowa dental association.
(7) The Iowa nurses association.
(8) The Iowa pharmacy association.
(9) The Iowa podiatric medical society.
-528- (10) The Iowa optometric association.
(11) The Iowa association of community providers.
(12) The Iowa psychological association.
(13) The Iowa psychiatric society.
(14) The Iowa chapter of the national association of social
workers.
(15) The coalition for family and children’s services in
Iowa.
(16) The Iowa hospital association.
(17) The Iowa association of rural health clinics.
(18) The Iowa primary care association.
(19) Free clinics of Iowa.
(20) The opticians’ association of Iowa, inc.
(21) The Iowa association of hearing health professionals.
(22) The Iowa speech and hearing association.
(23) The Iowa health care association.
(24) The Iowa association of area agencies on aging.
(25) AARP.
(26) The Iowa caregivers association.
(27) Leading age Iowa.
(28) The Iowa association for home care.
(29) The Iowa council of health care centers.
(30) The Iowa physician assistant society.
(31) The Iowa association of nurse practitioners.
(32) The Iowa nurse practitioner society.
(33) The Iowa occupational therapy association.
(34) The ARC of Iowa, formerly known as the association for
retarded citizens of Iowa.
(35) The national alliance on mental illness.
(36) The Iowa state association of counties.
(37) The Iowa developmental disabilities council.
(38) The Iowa chiropractic society.
(39) The Iowa academy of nutrition and dietetics.
(40) The Iowa behavioral health association.
(41) The midwest association for medical equipment services
-529-or an affiliated Iowa organization.
b. The five public members shall be public representatives
which may include members of consumer groups, including
recipients of medical assistance or their families, consumer
organizations, and others, appointed by the governor for
staggered terms of two years each, none of whom shall be
members of, or practitioners of, or have a pecuniary interest
in any of the professional or business entities specifically
represented under paragraph “a”.
4. Based upon the deliberations of the council, the council
shall make recommendations to the director regarding the
budget, policy, and administration of the medical assistance
program.
5. For each council meeting, other than those held during
the time the general assembly is in session, each legislative
member of the council shall be reimbursed for actual travel
and other necessary expenses and shall receive a per diem as
specified in section 7E.6 for each day in attendance, as shall
the members of the council who are recipients or the family
members of recipients of medical assistance, regardless of
whether the general assembly is in session.
6. The department shall provide staff support and
independent technical assistance to the council.
7. The director shall consider the recommendations offered
by the council in the director’s preparation of medical
assistance budget recommendations to the council on health and
human services pursuant to section 217.3 and in implementation
of medical assistance program policies.
Sec. 800. Section 249A.11, Code 2023, is amended to read as
follows:
249A.11 Payment for patient care segregated.
A state resource center or mental health institute, upon
receipt of any payment made under this chapter for the care of
any patient, shall segregate an amount equal to that portion of
the payment which is required by law to be made from nonfederal
-530-funds. The money segregated shall be deposited in the medical
assistance fund of the department of human services.
Sec. 801. Section 249A.12, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. The department of human services shall seek federal
approval to amend the home and community-based services waiver
for persons with an intellectual disability to include day
habilitation services. Inclusion of day habilitation services
in the waiver shall take effect upon receipt of federal
approval.
Sec. 802. Section 249A.15A, subsection 4, Code 2023, is
amended to read as follows:
4. The department shall adopt rules pursuant to chapter 17A
entitling alcohol and drug counselors who are certified by the
nongovernmental Iowa board of substance abuse certification to
payment for behavioral health services provided to recipients
of medical assistance, subject to limitations and exclusions
the department finds necessary on the basis of federal laws and
regulations.
Sec. 803. Section 249A.21, subsection 9, Code 2023, is
amended to read as follows:
9. The department of human services may procure a sole
source contract to implement the provisions of this section.
Sec. 804. Section 249A.24, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In addition to any other duties prescribed, the commission
shall make recommendations to the council on health and human
services regarding strategies to reduce state expenditures
for prescription drugs under the medical assistance program
excluding provider reimbursement rates. The commission shall
make initial recommendations to the council by October 1, 2002.
Following approval of any recommendation by the council on
health and human services, the department shall include the
approved recommendation in a notice of intended action under
chapter 17A and shall comply with chapter 17A in adopting
-531-any rules to implement the recommendation. The department
shall seek any federal waiver necessary to implement any
approved recommendation. The strategies to be considered for
recommendation by the commission shall include at a minimum all
of the following:
Sec. 805. Section 249A.26, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Except as provided for disallowed costs in section
249A.27, the state shall pay one hundred percent of the
nonfederal share of the cost of case management provided to
adults, day treatment, and partial hospitalization provided
under the medical assistance program for persons with an
intellectual disability, a developmental disability, or
chronic mental illness. For purposes of this section, persons
with mental disorders resulting from Alzheimer’s disease
or a substance-related substance use disorder shall not be
considered to be persons with chronic mental illness.
Sec. 806. Section 249A.29, Code 2023, is amended to read as
follows:
249A.29 Home and community-based services waiver providers
— records checks.
1. For purposes of this section and section 249A.30 unless
the context otherwise requires:
a. “Consumer” means an individual approved by the department
to receive services under a waiver.
b. “Provider” means an agency certified by the department to
provide services under a waiver.
c. “Waiver” means a home and community-based services waiver
approved by the federal government and implemented under the
medical assistance program.
2. If a person is being considered by a provider for
employment involving direct responsibility for a consumer or
with access to a consumer when the consumer is alone, and
if the person has been convicted of a crime or has a record
of founded child or dependent adult abuse, the record check
-532-evaluation system of the department shall perform an evaluation
to determine whether the crime or founded abuse warrants
prohibition of employment by the provider. The department
record check evaluation system shall conduct criminal and child
and dependent adult abuse records checks of the person in
this state and may conduct these checks in other states. The
records checks and evaluations required by this section shall
be performed in accordance with procedures adopted for this
purpose by the department.
3. If the department record check evaluation system
determines that a person employed by a provider has committed
a crime or has a record of founded abuse, the department
record check evaluation system shall perform an evaluation to
determine whether prohibition of the person’s employment is
warranted.
4. In an evaluation, the department record check evaluation
system shall consider the nature and seriousness of the crime
or founded abuse in relation to the position sought or held,
the time elapsed since the commission of the crime or founded
abuse, the circumstances under which the crime or founded abuse
was committed, the degree of rehabilitation, the likelihood
that the person will commit the crime or founded abuse again,
and the number of crimes or founded abuses committed by the
person involved. The department record check evaluation
system may permit a person who is evaluated to be employed
or to continue to be employed by the provider if the person
complies with the department’s record check evaluation system’s
conditions relating to the employment, which may include
completion of additional training.
5. If the department record check evaluation system
determines that the person has committed a crime or has
a record of founded abuse which warrants prohibition of
employment, the person shall not be employed by a provider.
Sec. 807. Section 249A.32B, Code 2023, is amended to read
as follows:
-533- 249A.32B Early and periodic screening, diagnosis, and
treatment funding.
The department of human services, in consultation with
the Iowa department of public health and the department of
education, shall continue the program to utilize the early and
periodic screening, diagnosis, and treatment program funding
under the medical assistance program, to the extent possible,
to implement the screening component of the early and periodic
screening, diagnosis, and treatment program through the
schools. The department may enter into contracts to utilize
maternal and child health centers, the public health nursing
program, or school nurses in implementing this section.
Sec. 808. Section 249A.33, subsection 1, Code 2023, is
amended to read as follows:
1. A pharmaceutical settlement account is created in
the state treasury under the authority of the department of
human services. Moneys received from settlements relating
to provision of pharmaceuticals under the medical assistance
program shall be deposited in the account.
Sec. 809. Section 249A.37, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Provide, with respect to individuals who are eligible
for or are provided medical assistance under the state’s
medical assistance state plan, upon the request of the state,
information to determine during what period the individual or
the individual’s spouse or dependents may be or may have been
covered by a health insurer and the nature of the coverage that
is or was provided by the health insurer, including the name,
address, and identifying number of the plan, in accordance
with section 505.25, in a manner prescribed by the department
of human services or as agreed upon by the department and the
entity specified in this section.
Sec. 810. Section 249A.37, subsection 2, Code 2023, is
amended to read as follows:
2. The department of human services may adopt rules pursuant
-534-to chapter 17A as necessary to implement this section. Rules
governing the exchange of information under this section shall
be consistent with all laws, regulations, and rules relating
to the confidentiality or privacy of personal information or
medical records, including but not limited to the federal
Health Insurance Portability and Accountability Act of 1996,
Pub.L. No.104-191, and regulations promulgated in accordance
with that Act and published in 45 C.F.R. pts.160 – 164.
Sec. 811. Section 249A.48, Code 2023, is amended to read as
follows:
249A.48 Temporary moratoria.
1. The Iowa Medicaid enterprise program shall impose a
temporary moratorium on the enrollment of new providers or
provider types identified by the centers for Medicare and
Medicaid services of the United States department of health
and human services as posing an increased risk to the medical
assistance Medicaid program.
a. This section shall not be interpreted to require the
Iowa Medicaid enterprise program to impose a moratorium if the
Iowa Medicaid enterprise program determines that imposition
of a temporary moratorium would adversely affect access of
recipients to medical assistance services.
b. If the Iowa Medicaid enterprise program makes a
determination as specified in paragraph “a”, the Iowa Medicaid
enterprise program shall notify the centers for Medicare and
Medicaid services of the United States department of health and
human services in writing.
2. The Iowa Medicaid enterprise program may impose a
temporary moratorium on the enrollment of new providers, or
impose numerical caps or other limits that the Iowa Medicaid
enterprise program and the centers for Medicare and Medicaid
services identify as having a significant potential for fraud,
waste, or abuse.
a. Before implementing the moratorium, caps, or other
limits, the Iowa Medicaid enterprise program shall determine
-535-that its action would not adversely impact access by recipients
to medical assistance Medicaid services.
b. The Iowa Medicaid enterprise program shall notify, in
writing, the centers for Medicare and Medicaid services, if the
Iowa Medicaid enterprise program seeks to impose a moratorium
under this subsection, including all of the details of the
moratorium. The Iowa Medicaid enterprise program shall receive
approval from the centers for Medicare and Medicaid services
prior to imposing a moratorium under this subsection.
3. a. The Iowa Medicaid enterprise program shall impose any
moratorium for an initial period of six months.
b. If the Iowa Medicaid enterprise program determines that
it is necessary, the Iowa Medicaid enterprise program may
extend the moratorium in six-month increments. Each time a
moratorium is extended, the Iowa Medicaid enterprise program
shall document, in writing, the necessity for extending the
moratorium.
Sec. 812. Section 249A.50, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections and appeals shall conduct
investigations and audits as deemed necessary to ensure
compliance with the medical assistance program administered
under this chapter. The department of inspections and appeals
shall cooperate with the department of human services on the
development of procedures relating to such investigations and
audits to ensure compliance with federal and state single state
agency requirements.
Sec. 813. Section 249B.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of health and human
services.
Sec. 814. Section 249F.1, Code 2023, is amended to read as
follows:
249F.1 Definitions.
As used in this chapter, unless the context otherwise
-536-requires:
1. “Department” means the department of health and human
services.
1. 2. “Medical assistance” means “mandatory medical
assistance”, “optional medical assistance”, “discretionary
medical assistance”, or “Medicare cost sharing” as each is
defined in section 249A.2 which is provided to an individual
pursuant to chapter 249A and Tit.XIX of the federal Social
Security Act.
2. 3. a. “Transfer of assets” means any transfer or
assignment of a legal or equitable interest in property, as
defined in section 702.14, from a transferor to a transferee
for less than fair consideration, made while the transferor
is receiving medical assistance or within five years prior to
application for medical assistance by the transferor. Any
such transfer or assignment is presumed to be made with the
intent, on the part of the transferee; transferor; or another
person acting on behalf of a transferor who is an actual or
implied agent, guardian, attorney-in-fact, or person acting as
a fiduciary, of enabling the transferor to obtain or maintain
eligibility for medical assistance or of impacting the recovery
or payment of a medical assistance debt. This presumption
is rebuttable only by clear and convincing evidence that
the transferor’s eligibility or potential eligibility for
medical assistance or the impact on the recovery or payment
of a medical assistance debt was no part of the reason of
the transferee; transferor; or other person acting on behalf
of a transferor who is an actual or implied agent, guardian,
attorney-in-fact, or person acting as a fiduciary for making
or accepting the transfer or assignment. A transfer of assets
includes a transfer of an interest in the transferor’s home,
domicile, or land appertaining to such home or domicile
while the transferor is receiving medical assistance, unless
otherwise exempt under paragraph “b”.
b. However, transfer of assets does not include the
-537-following:
(1) Transfers to or for the sole benefit of the
transferor’s spouse, including a transfer to a spouse by an
institutionalized spouse pursuant to section 1924(f)(1) of the
federal Social Security Act.
(2) Transfers to or for the sole benefit of the transferor’s
child who is blind or has a disability as defined in section
1614 of the federal Social Security Act.
(3) Transfer of a dwelling, which serves as the transferor’s
home as defined in 20 C.F.R. §416.1212, to a child of the
transferor under twenty-one years of age.
(4) Transfer of a dwelling, which serves as the transferor’s
home as defined in 20 C.F.R. §416.1212, after the transferor is
institutionalized, to either of the following:
(a) A sibling of the transferor who has an equity interest
in the dwelling and who was residing in the dwelling for a
period of at least one year immediately prior to the date the
transferor became institutionalized.
(b) A child of the transferor who was residing in the
dwelling for a period of at least two years immediately prior
to the date the transferor became institutionalized and who
provided care to the transferor which permitted the transferor
to reside at the dwelling rather than in an institution or
facility.
(5) Transfers of less than two thousand dollars. However,
all transfers by the same transferor during the five-year
period prior to application for medical assistance by the
transferor shall be aggregated. If a transferor transfers
property to more than one transferee during the five-year
period prior to application for medical assistance by the
transferor, the two thousand dollar exemption shall be divided
equally between the transferees.
(6) Transfers of assets that would, at the time of the
transferor’s application for medical assistance, have been
exempt from consideration as a resource if retained by the
-538-transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
by regulations adopted by the secretary of the United States
department of health and human services, excluding the home and
land appertaining to the home.
(7) Transfers to a trust established solely for the benefit
of the transferor’s child who is blind or permanently and
totally disabled as defined in the federal Social Security Act,
section 1614, as codified in 42 U.S.C. §1382c.
(8) Transfers to a trust established solely for the benefit
of an individual under sixty-five years of age who is disabled,
as defined in the federal Social Security Act, section 1614, as
codified in 42 U.S.C. §1382c.
3. 4. “Transferee” means the person who receives a transfer
of assets.
4. 5. “Transferor” means the person who makes a transfer
of assets.
Sec. 815. Section 249F.2, Code 2023, is amended to read as
follows:
249F.2 Creation of debt.
A transfer of assets creates a debt due and owing to the
department of human services from the transferee in an amount
equal to medical assistance provided to or on behalf of the
transferor, on or after the date of the transfer of assets, but
not exceeding the fair market value of the assets at the time
of the transfer.
Sec. 816. Section 249F.3, Code 2023, is amended to read as
follows:
249F.3 Notice of debt — failure to respond — hearing —
order.
1. The department of human services may issue a notice
establishing and demanding payment of an accrued or accruing
debt due and owing to the department of human services as
provided in section 249F.2. The notice shall be sent by
restricted certified mail as defined in section 618.15, to
the transferee at the transferee’s last known address. If
-539-service of the notice is unable to be completed by restricted
certified mail, the notice shall be served upon the transferee
in accordance with the rules of civil procedure. The notice
shall include all of the following:
a. The amount of medical assistance provided to the
transferor to date which creates the debt.
b. A computation of the debt due and owing.
c. A demand for immediate payment of the debt.
d. (1) A statement that if the transferee desires to
discuss the notice, the transferee, within ten days after
being served, may contact the department of human services and
request an informal conference.
(2) A statement that if a conference is requested, the
transferee has until ten days after the date set for the
conference or until twenty days after the date of service of
the original notice, whichever is later, to send a request for
a hearing to the department of human services.
(3) A statement that after the holding of the conference,
the department of human services may issue a new notice to
be sent to the transferee by first-class mail addressed to
the transferee at the transferee’s last known address, or if
applicable, to the transferee’s attorney at the last known
address of the transferee’s attorney.
(4) A statement that if the department of human services
issues a new notice, the transferee has until ten days after
the date of mailing of the new notice or until twenty days
after the date of service of the original notice, whichever is
later, to send a request for a hearing to the department of
human services.
e. A statement that if the transferee objects to all or any
part of the original notice and no conference is requested, the
transferee has until twenty days after the date of service of
the original notice to send a written response setting forth
any objections and requesting a hearing to the department of
human services.
-540- f. A statement that if a timely written request for a
hearing is received by the department of human services, the
transferee has the right to a hearing to be held in district
court as provided in section 249F.4; and that if no timely
written request for hearing is received, the department of
human services will enter an order in accordance with the
latest notice.
g. A statement that as soon as the order is entered, the
property of the transferee is subject to collection action,
including but not limited to wage withholding, garnishment,
attachment of a lien, or execution.
h. A statement that the transferee must notify the
department of human services of any change of address or
employment.
i. A statement that if the transferee has any questions
concerning the transfer of assets, the transferee should
contact the department of human services or consult an
attorney.
j. Other information as the department of human services
finds appropriate.
2. If a timely written request for hearing is received by
the department of human services, a hearing shall be held in
district court.
3. If a timely written request for hearing is not received
by the department of human services, the department may enter
an order in accordance with the latest notice, and the order
shall specify all of the following:
a. The amount to be paid with directions as to the manner
of payment.
b. The amount of the debt accrued and accruing in favor of
the department of human services.
c. Notice that the property of the transferee is subject
to collection action, including but not limited to wage
withholding, garnishment, attachment of a lien, and execution.
4. The transferee shall be sent a copy of the order
-541-by first-class mail addressed to the transferee at the
transferee’s last known address, or if applicable, to the
transferee’s attorney at the last known address of the
transferee’s attorney. The order is final, and action by the
department of human services to enforce and collect upon the
order may be taken from the date of the issuance of the order.
Sec. 817. Section 249F.4, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If a timely written request for a hearing is received,
the department of human services shall certify the matter to
the district court in the county where the transferee resides.
3. The department of human services may also request a
hearing on its own motion regarding the determination of a
debt, at any time prior to entry of an administrative order.
Sec. 818. Section 249F.5, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. A true copy of an order entered by the department of
human services pursuant to this chapter, along with a true
copy of the return of service, if applicable, may be filed in
the office of the clerk of the district court in the county
in which the transferee resides or, if the transferee resides
in another state, in the office of the district court in the
county in which the transferor resides.
2. The department of human services order shall be
presented, ex parte, to the district court for review and
approval. Unless defects appear on the face of the order or on
the attachments, the district court shall approve the order.
The approved order shall have all force, effect, and attributes
of a docketed order or decree of the district court.
Sec. 819. Section 249F.7, Code 2023, is amended to read as
follows:
249F.7 Administration.
As provided in this chapter, the establishment of a debt
for medical assistance due to transfer of assets shall
be administered by the department of human services. All
-542-administrative discretion in the administration of this chapter
shall be exercised by the department of human services, and any
state administrative rules implementing or interpreting this
chapter shall be adopted by the department of human services.
Sec. 820. Section 249K.2, Code 2023, is amended to read as
follows:
249K.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Complete replacement” means completed construction on
a new nursing facility to replace an existing licensed and
certified facility. The replacement facility shall be located
in the same geographical service area as the facility that is
replaced and shall have the same number or fewer licensed beds
than the original facility.
2. “Department” means the department of health and human
services.
3. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
as defined in section 135D.2.
4. 3. “Major renovations” means construction or facility
improvements to a nursing facility in which the total amount
expended exceeds seven hundred fifty thousand dollars.
5. 4. “Medical assistance”, or “medical assistance program”,
or “Medicaid program” means the medical assistance program
created pursuant to chapter 249A.
6. 5. “New construction” means the construction of a new
nursing facility which does not replace an existing licensed
and certified facility and requires the provider to obtain a
certificate of need pursuant to chapter 135, subchapter VI.
7. 6. “Nondirect care component” means the portion of
the reimbursement rate under the medical assistance program
attributable to administrative, environmental, property, and
support care costs reported on the provider’s financial and
statistical report.
8. 7. “Nursing facility” means a nursing facility as
-543-defined in section 135C.1.
9. 8. “Provider” means a current or future owner or
operator of a nursing facility that provides medical assistance
program services.
10. 9. “Rate determination letter” means the letter that
is distributed quarterly by the Iowa Medicaid enterprise
program to each nursing facility, which is based on previously
submitted financial and statistical reports from each nursing
facility.
Sec. 821. Section 249K.3, subsection 2, paragraphs a and e,
Code 2023, are amended to read as follows:
a. The provider shall submit a written request for instant
relief to the Iowa Medicaid enterprise program explaining the
nature, timing, and goals of the project and the time period
during which the relief is requested. The written request
shall clearly state if the provider is also requesting the
nondirect care limit exception. The written request for
instant relief shall be submitted no earlier than thirty days
prior to the placement of the provider’s assets in service.
The written request for relief shall provide adequate details
to calculate the estimated value of relief including but not
limited to the total cost of the project, the estimated annual
depreciation expenses using generally accepted accounting
principles, the estimated useful life based upon existing
medical assistance and Medicare provisions, and a copy of the
most current depreciation schedule. If interest expenses are
included, a copy of the general terms of the debt service and
the estimated annual amount of the interest expenses shall be
submitted with the written request for relief.
e. During the period in which instant relief is granted, the
Iowa Medicaid enterprise program shall recalculate the value of
the instant relief based on allowable costs and patient days
reported on the annual financial and statistical report. For
purposes of calculating the per diem relief, total patient
days shall be the greater of actual annual patient days or
-544-eighty-five percent of the facility’s licensed capacity. The
actual value of relief shall be added to the nondirect care
component for the relevant period, not to exceed one hundred
ten percent of the nondirect care median for the relevant
period or not to exceed one hundred twenty percent of the
nondirect care median for the relevant period if the nondirect
care limit exception is requested and granted. The provider’s
quarterly rates for the relevant period shall be retroactively
adjusted to reflect the revised nondirect care rate. All
claims with dates of service from the date that instant relief
is granted to the date that the instant relief is terminated
shall be repriced to reflect the actual value of the instant
relief per diem utilizing a mass adjustment.
Sec. 822. Section 249K.5, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. The Iowa Medicaid enterprise program shall administer
this chapter. The department of human services shall adopt
rules, pursuant to chapter 17A, to administer this chapter.
3. In addition to any other factors to be considered in
determining if a provider is eligible to participate under this
chapter, the Iowa Medicaid enterprise program shall consider
all of the following:
a. The history of the provider’s regulatory compliance.
b. The historical access to nursing facility services for
medical assistance program beneficiaries.
c. The provider’s dedication to and participation in quality
of care, considering all quality programs in which the provider
has participated.
d. The provider’s plans to facilitate person-directed care.
e. The provider’s plans to facilitate dementia units and
specialty post-acute services.
Sec. 823. Section 249L.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of health and human
services.
-545- Sec. 824. Section 249M.2, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the department of health and human
services.
Sec. 825. Section 249M.4, subsection 5, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The projected expenditures for participating hospitals
for the fiscal year beginning July 1, 2010, as determined by
the fiscal management division of the department, plus the
amount calculated under subparagraph (1).
Sec. 826. Section 249N.2, subsections 4, 5, and 14, Code
2023, are amended to read as follows:
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
14. “Medical assistance program”, “Medicaid program”, or
“Medicaid” means the program paying all or part of the costs of
care and services provided to an individual pursuant to chapter
249A and Tit.XIX of the federal Social Security Act.
Sec. 827. Section 249N.5, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. For members whose household income is at or below one
hundred percent of the federal poverty level, the plan shall be
administered by the Iowa Medicaid enterprise program consistent
with program administration applicable to individuals under
section 249A.3, subsection 1.
Sec. 828. Section 251.1, Code 2023, is amended to read as
follows:
251.1 Definitions.
As used in this chapter:
1. “Administrator” means the administrator of the division
of adult, children, and family services of the department of
human services.
2. 1. “Division” or “state division” “Department” means
-546-the division of adult, children, and family services of the
department of health and human services.
2. “Director” means the director of health and human
services.
Sec. 829. Section 251.2, Code 2023, is amended to read as
follows:
251.2 Administration of emergency relief.
The state division department, in addition to all other
powers and duties given it the department by law, shall be is
charged with the supervision and administration of all funds
coming into the hands of received by the state now or hereafter
provided for emergency relief.
Sec. 830. Section 251.3, Code 2023, is amended to read as
follows:
251.3 Powers and duties.
The administrator director shall have the power to do all of
the following:
1. Appoint such personnel as may be necessary for the
efficient discharge of the duties imposed upon on the
administrator in the administration of emergency relief,
director and to make such rules and regulations as the
administrator deems necessary or advisable covering relating
to the administrator’s director’s activities and those of the
service area advisory boards created under section 217.43,
concerning emergency relief.
2. Join and cooperate with the government of the
United States, or any of its appropriate agencies or
instrumentalities, in any proper emergency relief activity.
3. Make such reports of budget estimates to the governor
and to the general assembly as are required by law, or are
as necessary and proper to obtain appropriations of funds
necessary for emergency relief purposes and for all the
purposes of this chapter.
4. Determine the need for funds in the various counties of
the state basing such determination upon the amount of money
-547-needed in the various counties to provide adequate emergency
relief, and upon the counties’ financial inability to provide
such relief from county funds. The administrator director may
administer said state funds belonging to the state within the
various counties of the state to supplement local funds as
needed.
5. Make such reports, obtain and furnish such information
from time to time as may be required by the governor, by the
general assembly, or by any other proper appropriate state or
federal office or agency, state or federal, and make an annual
report of its the department’s emergency relief activities.
Sec. 831. Section 251.4, Code 2023, is amended to read as
follows:
251.4 Grants from state funds to counties.
The state division department may require as a condition
of making available state assistance available to counties
for emergency relief purposes, that the county boards of
supervisors shall establish budgets as needed in respect to the
relief situation in the counties.
Sec. 832. Section 251.5, Code 2023, is amended to read as
follows:
251.5 Duties of the service area advisory board.
A service area The advisory board created in section 217.43
shall perform the following activities for any county in
the board’s service area counties represented on the board
concerning emergency relief:
1. Cooperate with a county’s board of supervisors in all
matters pertaining to administration of relief.
2. At the request of a county’s board of supervisors,
prepare requests for grants of state funds.
3. At the request of a county’s board of supervisors,
administer county relief funds.
4. In a county receiving grants of state funds upon approval
of the director of the department of administrative services
and the county’s board of supervisors, administer both state
-548-and county relief funds.
5. Perform other duties as may be prescribed by the
administrator department and a county’s board of supervisors.
Sec. 833. Section 251.6, Code 2023, is amended to read as
follows:
251.6 County supervisors to determine emergency relief and
work projects.
The county board of supervisors shall supervise
administration of emergency relief, and shall determine the
minimum amount of relief required for each person or family,
which persons are employable, and whether and under what
conditions persons receiving emergency relief may be employed
by the county.
Sec. 834. Section 251.7, Code 2023, is amended to read as
follows:
251.7 County appointees to act as executive officers.
The county board of supervisors may appoint an individual a
person to serve as the executive officer of the service area
advisory board in all matters pertaining to relief for that
county.
Sec. 835. Section 252.26, Code 2023, is amended to read as
follows:
252.26 General assistance director.
The board of supervisors in each county shall appoint or
designate a general assistance director for the county, who
shall have the powers and duties conferred by this chapter.
In counties of one hundred thousand or less population, the
county board may designate as general assistance director an
employee of the state department of health and human services
who is assigned to work in that county and is directed by the
director of health and human services, pursuant to an agreement
with the county board, to exercise the functions and duties
of general assistance director in that county. The general
assistance director shall receive as compensation an amount to
be determined by the county board.
-549- Sec. 836. Section 252.33, Code 2023, is amended to read as
follows:
252.33 Application for assistance.
A person may make application for assistance to a member
of the board of supervisors, or to the general assistance
director of the county where the person is. If application
is made to the general assistance director and that officer
is satisfied that the applicant is in a state of want which
requires assistance at the public expense, the general
assistance director may afford temporary assistance, subject to
the approval of the board of supervisors, as the necessities
of the person require and shall immediately report the case to
the board of supervisors, who may continue or deny assistance,
as they find cause.
Sec. 837. Section 252.37, Code 2023, is amended to read as
follows:
252.37 Appeal to supervisors.
If a poor person, on application to the general assistance
director, is refused the required assistance, the applicant
may appeal to the board of supervisors, who, upon examination
into the matter, may order the general assistance director to
provide assistance, or who may direct specific assistance.
Sec. 838. Section 252A.2, subsections 7 and 8, Code 2023,
are amended to read as follows:
7. “Petitioner” includes each dependent person for whom
support is sought in a proceeding instituted pursuant to
this chapter or a mother or putative father of a dependent.
However, in an action brought by the child support recovery
unit services, the state is the petitioner.
8. “Petitioner’s representative” includes counsel of a
dependent person for whom support is sought and counsel for a
mother or putative father of a dependent. In an action brought
by the child support recovery unit services, “petitioner’s
representative” includes a county attorney, state’s attorney
and any other public officer, by whatever title the officer’s
-550-public office may be known, charged by law with the duty of
instituting, maintaining, or prosecuting a proceeding under
this chapter or under the laws of the state.
Sec. 839. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
13, Code 2023, are amended to read as follows:
3. a. Prior to or at the time of completion of an affidavit
of paternity, written and oral information about paternity
establishment, developed by the child support recovery unit
services created in section 252B.2, shall be provided to the
mother and putative father. Video or audio equipment may be
used to provide oral information.
b. The information provided shall include a description
of parental rights and responsibilities, including the duty
to provide financial support for the child, the benefits of
establishing paternity, and the alternatives to and legal
consequences of signing an affidavit of paternity, including
the rights available if a parent is a minor.
c. Copies of the written information shall be made
available by the child support recovery unit services or the
Iowa department of public health and human services to those
entities where an affidavit of paternity may be obtained as
provided under subsection 4.
4. a. The affidavit of paternity form developed and used by
the Iowa department of public health and human services is the
only affidavit of paternity form recognized for the purpose of
establishing paternity under this section. It shall include
the minimum requirements specified by the secretary of the
United States department of health and human services pursuant
to 42 U.S.C. §652(a)(7). A properly completed affidavit of
paternity form developed by the Iowa department of public
health and human services and existing on or after July 1,
1993, but which is superseded by a later affidavit of paternity
form developed by the Iowa department of public health and
human services, shall have the same legal effect as a paternity
affidavit form used by the Iowa department of public health and
-551-human services on or after July 1, 1997, regardless of the date
of the filing and registration of the affidavit of paternity,
unless otherwise required under federal law.
b. The form shall be available from the state registrar,
each county registrar, the child support recovery unit
services, and any institution in the state.
c. The Iowa department of public health and human services
shall make copies of the form available to the entities
identified in paragraph “b” for distribution.
7. The state registrar shall make copies of affidavits
of paternity and identifying information from the affidavits
filed and registered pursuant to this section available to the
child support recovery unit services created under section
252B.2 in accordance with section 144.13, subsection 4, and any
subsequent rescission form which rescinds the affidavit.
10. a. An institution may be reimbursed by the child
support recovery unit services created in section 252B.2 for
providing the services described under subsection 9, or may
provide the services at no cost.
b. An institution electing reimbursement shall enter into a
written agreement with the child support recovery unit services
for this purpose.
c. An institution entering into an agreement for
reimbursement shall assist the parents of a child born out of
wedlock in completing and filing an affidavit of paternity.
d. Reimbursement shall be based only on the number of
affidavits completed in compliance with this section and
submitted to the state registrar during the duration of
the written agreement with the child support recovery unit
services.
e. The reimbursement rate is twenty dollars for each
completed affidavit filed with the state registrar.
12. a. A completed affidavit of paternity may be rescinded
by registration by the state registrar of a completed and
notarized rescission form signed by either the mother or
-552-putative father who signed the affidavit of paternity that the
putative father is not the father of the child. The completed
and notarized rescission form shall be filed with the state
registrar for the purpose of registration prior to the earlier
of the following:
(1) Sixty days after the latest notarized signature of the
mother or putative father on the affidavit of paternity.
(2) Entry of a court order pursuant to a proceeding in this
state to which the signatory is a party relating to the child,
including a proceeding to establish a support order under this
chapter, chapter 252C, 252F, 598, or 600B or other law of this
state.
b. Unless the state registrar has received and registered an
order as provided in section 252A.3, subsection 10, paragraph
“a”, which legally establishes paternity, upon registration
of a timely rescission form the state registrar shall remove
the father’s information from the certificate of birth, and
shall send a written notice of the rescission to the last known
address of the signatory of the affidavit of paternity who did
not sign the rescission form.
c. The Iowa department of public health and human services
shall develop a rescission form and an administrative process
for rescission. The form shall be the only rescission form
recognized for the purpose of rescinding a completed affidavit
of paternity. A completed rescission form shall include the
signature of a notary public attesting to the identity of
the party signing the rescission form. The Iowa department
of public health and human services shall adopt rules which
establish a fee, based upon the average administrative cost, to
be collected for the registration of a rescission.
d. If an affidavit of paternity has been rescinded under
this subsection, the state registrar shall not register any
subsequent affidavit of paternity signed by the same mother and
putative father relating to the same child.
13. The child Child support recovery unit services may
-553-enter into a written agreement with an entity designated by the
secretary of the United States department of health and human
services to offer voluntary paternity establishment services.
a. The agreement shall comply with federal requirements
pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
notice, materials, training, and evaluations.
b. The agreement may provide for reimbursement of the entity
by the state if reimbursement is permitted by federal law.
Sec. 840. Section 252A.5, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Whenever the state or a political subdivision thereof of
the state furnishes support to a dependent, it the political
subdivision of the state has the same right through proceedings
instituted by the petitioner’s representative to invoke
the provisions hereof of this section as the dependent to
whom the support was furnished, for the purpose of securing
reimbursement of expenditures so made and of obtaining
continuing support; the petition in such case may be verified
by any official having knowledge of such expenditures without
further verification of any person and consent of the dependent
shall not be required in order to institute proceedings under
this chapter. The child Child support recovery unit services
may bring the action based upon a statement of a witness,
regardless of age, with knowledge of the circumstances,
including, but not limited to, statements by the mother of the
dependent or a relative of the mother or the putative father.
3. If the child support recovery unit services is providing
services, the unit child support services has the same right
to invoke the provisions of this section as the dependent for
which support is owed for the purpose of securing support. The
petition in such case may be verified by any official having
knowledge of the request for services by the unit child support
services, without further verification by any other person,
and consent of the dependent shall not be required in order
to institute proceedings under this chapter. The child Child
-554- support recovery unit services may bring the action based upon
the statement of a witness, regardless of age, with knowledge
of the circumstances, including, but not limited to, statements
by the mother of the dependent or a relative of the mother or
the putative father.
Sec. 841. Section 252A.13, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If public assistance is provided by the department of
health and human services to or on behalf of a dependent child
or a dependent child’s caretaker, there is an assignment by
operation of law to the department of any and all rights in,
title to, and interest in any support obligation, payment, and
arrearages owed to or on behalf of the child or caretaker not
to exceed the amount of public assistance paid for or on behalf
of the child or caretaker as follows:
a. For family investment program assistance, section 239B.6
shall apply.
b. For foster care services, section 234.39 shall apply.
c. For medical assistance, section 252E.11 shall apply.
3. The clerk shall furnish the department with copies of
all orders or decrees awarding and temporary domestic abuse
orders addressing support when the parties are receiving public
assistance or services are otherwise provided by the child
support recovery unit services. Unless otherwise specified
in the order, an equal and proportionate share of any child
support awarded is presumed to be payable on behalf of each
child, subject to the order or judgment, for purposes of an
assignment under this section.
Sec. 842. Section 252A.18, Code 2023, is amended to read as
follows:
252A.18 Registration of support order — notice.
Registration of a support order of another state or foreign
country shall be in accordance with chapter 252K except that,
with regard to service, promptly upon registration, the clerk
of the court shall, by restricted certified mail, or the child
-555-support recovery unit services shall, as provided in section
252B.26, send to the respondent notice of the registration with
a copy of the registered support order or the respondent may
be personally served with the notice and the copy of the order
in the same manner as original notices are personally served.
The clerk shall also docket the case and notify the prosecuting
attorney of the action. The clerk shall maintain a registry of
all support orders registered pursuant to this section. The
filing is in equity.
Sec. 843. Section 252B.1, Code 2023, is amended to read as
follows:
252B.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Absent parent” means the parent who either cannot be
located or who is located and is not residing with the child
at the time the support collection or paternity determination
services provided in sections 252B.5 and 252B.6 are requested
or commenced.
2. “Child” includes but shall not be limited to a stepchild,
foster child, or legally adopted child and means a child
actually or apparently under eighteen years of age or a
dependent person eighteen years of age or over who is unable
to maintain the person’s self and is likely to become a public
charge. “Child” includes “child” as defined in section 239B.1.
3. “Child support agency” means child support agency as
defined in section 252H.2.
4. “Child support services” means child support services
created in section 252B.2.
4. 5. “Department” means the department of health and human
services.
5. 6. “Director” means the director of health and human
services.
6. 7. “Obligor” means the person legally responsible for
the support of a child as defined in section 252D.16 or 598.1
-556-under a support order issued in this state or pursuant to the
laws of another state or foreign country.
7. 8. “Resident parent” means the parent with whom the
child is residing at the time the support collection or
paternity determination services provided in sections 252B.5
and 252B.6 are requested or commenced.
8. “Unit” means the child support recovery unit created in
section 252B.2.
Sec. 844. Section 252B.2, Code 2023, is amended to read as
follows:
252B.2 Unit Child support services established —
intervention.
There is created within the department of human services
a child support recovery unit services for the purpose of
providing the services required in sections 252B.3 through
252B.6. The unit Child support services is not required to
intervene in actions to provide such services.
Sec. 845. Section 252B.3, Code 2023, is amended to read as
follows:
252B.3 Duty of department to enforce child support —
cooperation — rules.
1. Upon receipt by the department of an application for
public assistance on behalf of a child and determination by the
department that the child is eligible for public assistance and
that provision of child support services is appropriate, the
department shall take appropriate action under the provisions
of this chapter or under other appropriate statutes of this
state including but not limited to chapters 239B, 252A, 252C,
252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
ensure that the parent or other person responsible for the
support of the child fulfills the support obligation. The
department shall also take appropriate action as required by
federal law upon receiving a request from a child support
agency for a child receiving public assistance in another
state.
-557- 2. The department of human services may negotiate a partial
payment of a support obligation with a parent or other person
responsible for the support of the child, provided that the
negotiation and partial payment are consistent with applicable
federal law and regulation.
3. The department shall adopt rules pursuant to chapter
17A regarding cases in which, under federal law, it is a
condition of eligibility for an individual who is an applicant
for or recipient of public assistance to cooperate in good
faith with the department in establishing the paternity of, or
in establishing, modifying, or enforcing a support order by
identifying and locating the parent of the child or enforcing
rights to support payments. The rules shall include all of the
following provisions:
a. As required by the unit child support services, the
individual shall provide the name of the noncustodial parent
and additional necessary information, and shall appear at
interviews, hearings, and legal proceedings.
b. If paternity is an issue, the individual and child shall
submit to blood or genetic tests pursuant to a judicial or
administrative order.
c. The individual may be requested to sign a voluntary
affidavit of paternity, after notice of the rights and
consequences of such an acknowledgment, but shall not be
required to sign an affidavit or otherwise relinquish the right
to blood or genetic tests.
d. The unit Child support services shall promptly notify
the individual and the appropriate division of the department
administering the department’s public assistance program
programs of each determination by the unit child support
services of noncooperation of the individual and the reason for
such determination.
e. A procedure under which the individual may claim that,
and the department shall determine whether, the individual has
sufficient good cause or other exception for not cooperating,
-558-taking into consideration the best interest of the child.
4. Without need for a court order and notwithstanding
the requirements of section 598.22A, the support payment
ordered pursuant to any chapter shall be satisfied as to the
department, the child, and either parent for the period during
which the parents are reconciled and are cohabiting, the child
for whom support is ordered is living in the same residence
as the parents, and the obligor receives public assistance on
the obligor’s own behalf for the benefit of the child. The
department shall implement this subsection as follows:
a. The unit Child support services shall file a notice of
satisfaction with the clerk of court.
b. This subsection shall not apply unless all the children
for whom support is ordered reside with both parents, except
that a child may be absent from the home due to a foster care
placement pursuant to chapter 234 or a comparable law of
another state or foreign country.
c. The unit Child support services shall send notice
by regular mail to the obligor when the provisions of this
subsection no longer apply. A copy of the notice shall be
filed with the clerk of court.
d. This section shall not limit the rights of the parents or
the department to proceed by other means to suspend, terminate,
modify, reinstate, or establish support.
5. On or after July 1, 1999, the department shall implement
a program for the satisfaction of accrued support debts, based
upon timely payment by the obligor of both current support due
and any payments due for accrued support debt under a periodic
payment plan. The unit Child support services shall adopt
rules pursuant to chapter 17A to establish the criteria and
procedures for obtaining satisfaction under the program. The
rules adopted under this subsection shall specify the cases and
amounts to which the program is applicable, and may provide for
the establishment of the program as a pilot program.
Sec. 846. Section 252B.4, Code 2023, is amended to read as
-559-follows:
252B.4 Nonassistance cases.
1. The child support and paternity determination services
established by the department pursuant to this chapter and
other appropriate services provided by law including but not
limited to the provisions of chapters 239B, 252A, 252C, 252D,
252E, 252F, 598, and 600B shall be made available by the
unit child support services to an individual not otherwise
eligible as a public assistance recipient upon application by
the individual for the services or upon referral as described
in subsection 4. The application shall be filed with the
department.
2. The director may collect a fee to cover the costs
incurred by the department for service of process, genetic
testing and court costs if the entity providing the service
charges a fee for the services.
3. Fees collected pursuant to this section shall be
considered repayment receipts, as defined in section 8.2,
and shall be used for the purposes of the unit child support
services. The director or a designee shall keep an accurate
record of the fees collected and expended.
4. The unit Child support services shall also provide child
support and paternity determination services and shall respond
as provided in federal law for an individual not otherwise
eligible as a public assistance recipient if the unit child
support services receives a request from any of the following:
a. A child support agency.
b. A foreign country as defined in chapter 252K.
Sec. 847. Section 252B.5, Code 2023, is amended to read as
follows:
252B.5 Services of unit Child support services.
The child Child support recovery unit services shall provide
the following services:
1. Assistance in the location of an absent parent or any
other person who has an obligation to support the child of the
-560-resident parent.
2. Aid in establishing paternity and securing a court or
administrative order for support pursuant to chapter 252A,
252C, 252F, or 600B, or any other chapter providing for
the establishment of paternity or support. In an action to
establish support, the resident parent may be a proper party
defendant for purposes of determining medical support as
provided in section 252E.1A upon service of notice as provided
in this chapter and without a court order as provided in the
rules of civil procedure. The unit’s Child support services’
independent cause of action shall not bar a party from seeking
support in a subsequent proceeding.
3. Aid in enforcing through court or administrative
proceedings an existing court order for support issued pursuant
to chapter 252A, 252C, 252F, 598, or 600B, or any other
chapter under which child or medical support is granted. The
director may enter into a contract with a private collection
agency to collect support payments for cases which have been
identified by the department as difficult collection cases
if the department determines that this form of collection is
more cost-effective than departmental collection methods. The
department shall utilize, to the maximum extent possible,
every available automated process to collect support payments
prior to referral of a case to a private collection agency.
A private collection agency with whom the department enters
a contract under this subsection shall comply with state and
federal confidentiality requirements and debt collection laws.
The director may use a portion of the state share of funds
collected through this means to pay the costs of any contract
authorized under this subsection.
4. Assistance to set off against a debtor’s income tax
refund or rebate any support debt, which is assigned to
the department of human services or which the child support
recovery unit services is attempting to collect on behalf of
any individual not eligible as a public assistance recipient,
-561-which has accrued through written contract, subrogation, or
court judgment, and which is in the form of a liquidated sum
due and owing for the care, support, or maintenance of a child.
Unless the periodic payment plan provisions for a retroactive
modification pursuant to section 598.21C apply, the entire
amount of a judgment for accrued support, notwithstanding
compliance with a periodic payment plan or regardless of the
date of entry of the judgment, is due and owing as of the date
of entry of the judgment and is delinquent for the purposes of
setoff, including for setoff against a debtor’s federal income
tax refund or other federal nontax payment. The department
of human services shall adopt rules pursuant to chapter
17A necessary to assist the department of administrative
services in the implementation of the child support setoff as
established under section 8A.504.
5. a. In order to maximize the amount of any tax refund
to which an obligor may be entitled and which may be applied
to child support and medical support obligations, cooperate
with any volunteer or free income tax assistance programs in
the state in informing obligors of the availability of the
programs.
b. The child Child support recovery unit services shall
publicize the services of the volunteer or free income tax
assistance programs by distributing printed materials regarding
the programs.
6. Determine periodically whether an individual receiving
unemployment compensation benefits under chapter 96 owes a
support obligation which is being enforced by the unit child
support services, and enforce the support obligation through
court or administrative proceedings to have specified amounts
withheld from the individual’s unemployment compensation
benefits.
7. Assistance in obtaining medical support as defined in
chapter 252E.
8. a. At the request of either parent who is subject to
-562-the order of support or upon its own initiation, review the
amount of the support award in accordance with the guidelines
established pursuant to section 598.21B, and Tit.IV-D of the
federal Social Security Act, as amended, and take action to
initiate modification proceedings if the criteria established
pursuant to this section are met. However, a review of a
support award is not required if the child support recovery
unit services determines that such a review would not be in the
best interest of the child and neither parent has requested
such review.
b. The department shall adopt rules setting forth the
process for review of requests for modification of support
obligations and the criteria and process for taking action to
initiate modification proceedings.
9. a. Assistance, in consultation with the department
of administrative services, in identifying and taking action
against self-employed individuals as identified by the
following conditions:
(1) The individual owes support pursuant to a court or
administrative order being enforced by the unit child support
services and is delinquent in an amount equal to or greater
than the support obligation amount assessed for one month.
(2) The individual has filed a state income tax return in
the preceding twelve months.
(3) The individual has no reported tax withholding amount on
the most recent state income tax return.
(4) The individual has failed to enter into or comply with a
formalized repayment plan with the unit child support services.
(5) The individual has failed to make either all current
support payments in accordance with the court or administrative
order or to make payments against any delinquency in each of
the preceding twelve months.
b. The unit Child support services may forward information
to the department of administrative services as necessary to
implement this subsection, including but not limited to both
-563-of the following:
(1) The name and social security number of the individual.
(2) Support obligation information in the specific case,
including the amount of the delinquency.
10. The review and adjustment, modification, or alteration
of a support order pursuant to chapter 252H upon adoption of
rules pursuant to chapter 17A and periodic notification, at
a minimum of once every three years, to parents subject to a
support order of their rights to these services.
11. The unit Child support services shall not establish
orders for spousal support. The unit Child support services
shall enforce orders for spousal support only if the spouse is
the custodial parent of a child for whom the unit child support
services is also enforcing a child support or medical support
order.
12. a. In compliance with federal procedures, periodically
certify to the secretary of the United States department of
health and human services, a list of the names of obligors
determined by the unit child support services to owe delinquent
support, under a support order as defined in section 252J.1, in
excess of two thousand five hundred dollars. The certification
of the delinquent amount owed may be based upon one or more
support orders being enforced by the unit child support
services if the delinquent support owed exceeds two thousand
five hundred dollars. The certification shall include any
amounts which are delinquent pursuant to the periodic payment
plan when a modified order has been retroactively applied.
The certification shall be in a format and shall include any
supporting documentation required by the secretary.
b. All of the following shall apply to an action initiated
by the unit child support services under this subsection:
(1) The obligor shall be sent a notice by regular mail in
accordance with federal law and regulations and the notice
shall remain in effect until support delinquencies have been
paid in full.
-564- (2) The notice shall include all of the following:
(a) A statement regarding the amount of delinquent support
owed by the obligor.
(b) A statement providing information that if the
delinquency is in excess of two thousand five hundred dollars,
the United States secretary of state may apply a passport
sanction by revoking, restricting, limiting, or refusing to
issue a passport as provided in 42 U.S.C. §652(k).
(c) Information regarding the procedures for challenging
the certification by the unit child support services.
(3) (a) If the obligor chooses to challenge the
certification, the obligor shall notify the unit child support
services within the time period specified in the notice to the
obligor. The obligor shall include any relevant information
with the challenge.
(b) A challenge shall be based upon mistake of fact. For
the purposes of this subsection, “mistake of fact” means a
mistake in the identity of the obligor or a mistake in the
amount of the delinquent child support owed if the amount did
not exceed two thousand five hundred dollars on the date of the
unit’s child support services’ decision on the challenge.
(4) Upon timely receipt of the challenge, the unit child
support services shall review the certification for a mistake
of fact, or refer the challenge for review to the child support
agency in the state chosen by the obligor as provided by
federal law.
(5) Following the unit’s child support services’ review of
the certification, the unit child support services shall send
a written decision to the obligor within ten days of timely
receipt of the challenge.
(a) If the unit child support services determines that
a mistake of fact exists, the unit child support services
shall send notification in accordance with federal procedures
withdrawing the certification for passport sanction.
(b) If the unit child support services determines that a
-565-mistake of fact does not exist, the obligor may contest the
determination within ten days following the issuance of the
decision by submitting a written request for a contested case
proceeding pursuant to chapter 17A.
(6) Following issuance of a final decision under chapter
17A that no mistake of fact exists, the obligor may request a
hearing before the district court pursuant to chapter 17A. The
department shall transmit a copy of its record to the district
court pursuant to chapter 17A. The scope of the review by the
district court shall be limited to demonstration of a mistake
of fact. Issues related to visitation, custody, or other
provisions not related to the support provisions of a support
order are not grounds for a hearing under this subsection.
c. Following certification to the secretary, if the
unit child support services determines that an obligor no
longer owes delinquent support in excess of two thousand five
hundred dollars, the unit child support services shall provide
information and notice as the secretary requires to withdraw
the certification for passport sanction.
13. a. Impose an annual fee, which shall be retained from
support collected on behalf of the obligee, in accordance with
42 U.S.C.§654(6)(B)(ii). The unit Child support services
shall send information regarding the requirements of this
subsection by regular mail to the last known address of an
affected obligee, or may include the information for an obligee
in an application for services signed by the obligee. In
addition, the unit child support services shall take steps
necessary regarding the fee to qualify for federal funds in
conformity with the provisions of Tit.IV-D of the federal
Social Security Act, including receiving and accounting for
fee payments, as appropriate, through the collection services
center created in section 252B.13A.
b. Fees collected pursuant to this subsection shall be
considered repayment receipts as defined in section 8.2, and
shall be used for the purposes of the unit child support
-566-services. The director shall maintain an accurate record of
the fees collected and expended under this subsection.
c. Until such time as a methodology to secure payment of
the collections fee from the obligor is provided by law, an
obligee may act pursuant to this paragraph to recover the
collections fee from the obligor. If the unit child support
services retains all or a portion of the collections fee
imposed pursuant to paragraph “a” in a federal fiscal year,
there is an automatic nonsupport judgment, in an amount equal
to the amount retained, against the obligor payable to the
obligee. This paragraph shall serve as constructive notice
that the fee amount, once retained, is an automatic nonsupport
judgment against the obligor. The obligee may use any legal
means, including the lien created by the nonsupport judgment,
to collect the nonsupport judgment.
Sec. 848. Section 252B.6, unnumbered paragraph 1, Code
2023, is amended to read as follows:
In addition to the services enumerated in section 252B.5,
the unit child support services may provide the following
services in the case of a dependent child for whom public
assistance is being provided:
Sec. 849. Section 252B.6, subsection 3, Code 2023, is
amended to read as follows:
3. Appear on behalf of the state for the purpose of
facilitating the modification of support awards consistent
with guidelines established pursuant to section 598.21B,
and Tit.IV-D of the federal Social Security Act. The unit
Child support services shall not otherwise participate in the
proceeding.
Sec. 850. Section 252B.6A, Code 2023, is amended to read as
follows:
252B.6A External services.
1. Provided that the action is consistent with applicable
federal law and regulation, an attorney licensed in this state
shall receive compensation as provided in this section for
-567-support collected as the direct result of a judicial proceeding
maintained by the attorney, if all of the following apply to
the case:
a. The unit Child support services is providing services
under this chapter.
b. The current support obligation is terminated and only
arrearages are due under an administrative or court order and
there has been no payment under the order for at least the
twelve-month period prior to the provision of notice to the
unit child support services by the attorney under this section.
c. Support is assigned to the state based upon cash
assistance paid under chapter 239B, or its successor.
d. The attorney has provided written notice to the central
office of the unit child support services and to the obligee at
the last known address of the obligee of the intent to initiate
a specified judicial proceeding, at least thirty days prior to
initiating the proceeding.
e. The attorney has provided documentation to the unit child
support services that the attorney is insured against loss
caused by the attorney’s legal malpractice or acts or omissions
of the attorney which result in loss to the state or other
person.
f. The collection is received by the collection services
center within ninety days of provision of the notice to
the unit child support services. An attorney may provide
subsequent notices to the unit child support services to extend
the time for receipt of the collection by subsequent ninety-day
periods.
2. a. If, prior to February 15, 1998, notice is provided
pursuant to subsection 1 to initiate a specific judicial
proceeding, this section shall not apply to the proceeding
unless the unit child support services consents to the
proceeding.
b. (1) If, on or after February 15, 1998, notice is
provided pursuant to subsection 1 to initiate a specific
-568-judicial proceeding, this section shall apply to the proceeding
only if the case is exempt from application of rules adopted
by the department pursuant to subparagraph (2) which limit
application of this section.
(2) The department shall adopt rules which include, but
are not limited to, exemption from application of this section
to proceedings based upon, but not limited to, any of the
following:
(a) A finding of good cause pursuant to section 252B.3.
(b) The existence of a support obligation due another state
based upon public assistance provided by that state.
(c) The maintaining of another proceeding by an attorney
under this section for which the unit child support services
has not received notice that the proceeding has concluded or
the ninety-day period during which a collection may be received
pertaining to the same case has not yet expired.
(d) The initiation of a seek employment action under section
252B.21, and the notice from the attorney indicates that the
attorney intends to pursue a contempt action.
(e) Any other basis for exemption of a specified proceeding
designated by rule which relates to collection and enforcement
actions provided by the unit child support services.
3. The unit Child support services shall issue a response
to the attorney providing notice within ten days of receipt of
the notice. The response shall advise the attorney whether the
case to which the specified judicial proceeding applies meets
the requirements of this section.
4. For the purposes of this section, a “judicial proceeding”
means an action to enforce support filed with a court of
competent jurisdiction in which the court issues an order which
identifies the amount of the support collection which is a
direct result of the court proceeding. “Judicial proceedings”
include but are not limited to those pursuant to chapters
598, 626, 633, 642, 654, or 684 and also include contempt
proceedings if the collection payment is identified in the
-569-court order as the result of such a proceeding. “Judicial
proceedings” do not include enforcement actions which the unit
child support services is required to implement under federal
law including, but not limited to, income withholding.
5. All of the following are applicable to a collection
which is the result of a judicial proceeding which meets the
requirements of this section:
a. All payments made as the result of a judicial proceeding
under this section shall be made to the clerk of the district
court or to the collection services center and shall not be
made to the attorney. Payments received by the clerk of the
district court shall be forwarded to the collection services
center as provided in section 252B.15.
b. The attorney shall be entitled to receive an amount
which is equal to twenty-five percent of the support collected
as the result of the specified judicial proceeding not to
exceed the amount of the nonfederal share of assigned support
collected as the result of that proceeding. The amount paid
under this paragraph is the full amount of compensation due the
attorney for a proceeding under this section and is in lieu
of any attorney fees. The court shall not order the obligor
to pay additional attorney fees. The amount of compensation
calculated by the unit child support services is subject, upon
application of the attorney, to judicial review.
c. Any support collected shall be disbursed in accordance
with federal requirements and any support due the obligee
shall be disbursed to the obligee prior to disbursement to the
attorney as compensation.
d. The collection services center shall disburse
compensation due the attorney only from the nonfederal share of
assigned collections. The collection services center shall not
disburse any compensation for court costs.
e. The unit Child support services may delay disbursement
to the attorney pending the resolution of any timely appeal by
the obligor or obligee.
-570- f. Negotiation of a partial payment or settlement for
support shall not be made without the approval of the unit
child support services and the obligee, as applicable.
6. The attorney initiating a judicial proceeding under this
section shall notify the unit child support services when the
judicial proceeding is completed.
7. a. An attorney who initiates a judicial proceeding under
this section represents the state for the sole and limited
purpose of collecting support to the extent provided in this
section.
b. The attorney is not an employee of the state and has no
right to any benefit or compensation other than as specified in
this section.
c. The state is not liable or subject to suit for any acts
or omissions resulting in any damages as a consequence of the
attorney’s acts or omissions under this section.
d. The attorney shall hold the state harmless from any act
or omissions of the attorney which may result in any penalties
or sanctions, including those imposed under federal bankruptcy
laws, and the state may recover any penalty or sanction imposed
by offsetting any compensation due the attorney under this
section for collections received as a result of any judicial
proceeding initiated under this section.
e. The attorney initiating a proceeding under this section
does not represent the obligor.
8. The unit Child support services shall comply with all
state and federal laws regarding confidentiality. The unit
Child support services may release to an attorney who has
provided notice under this section, information regarding child
support balances due, to the extent provided under such laws.
9. This section shall not be interpreted to prohibit
the unit child support services from providing services or
taking other actions to enforce support as provided under this
chapter.
Sec. 851. Section 252B.7, Code 2023, is amended to read as
-571-follows:
252B.7 Legal services.
1. The attorney general may perform the legal services for
the child support recovery program services and may enforce
all laws for the recovery of child support from responsible
relatives. The attorney general may file and prosecute:
a. Contempt of court proceedings to enforce any order of
court pertaining to child support.
b. Cases under chapter 252A, the support of dependents law.
c. An information charging a violation of section 726.3,
726.5 or 726.6.
d. Any other lawful action which will secure collection of
support for minor children.
2. For the purposes of subsection 1, the attorney general
has the same power to commence, file and prosecute any action
or information in the proper jurisdiction, which the county
attorney could file or prosecute in that jurisdiction. This
section does not relieve a county attorney from the county
attorney’s duties, or the attorney general from the supervisory
power of the attorney general, in the recovery of child
support.
3. The unit Child support services may contract with
a county attorney, the attorney general, a clerk of the
district court, or another person or agency to collect support
obligations and to administer the child support program
established services required pursuant to this chapter.
Notwithstanding section 13.7, the unit child support services
may contract with private attorneys for the prosecution of
civil collection and recovery cases and may pay reasonable
compensation and expenses to private attorneys for the
prosecution services provided.
4. An attorney employed by or under contract with the child
support recovery unit services represents and acts exclusively
on behalf of the state when providing child support enforcement
services. An attorney-client relationship does not exist
-572-between the attorney and an individual party, witness, or
person other than the state, regardless of the name in which
the action is brought.
Sec. 852. Section 252B.7A, Code 2023, is amended to read as
follows:
252B.7A Determining parent’s income.
1. The unit Child support services shall use any of the
following in determining the amount of the net monthly income
of a parent for purposes of establishing or modifying a support
obligation:
a. Income as identified in a signed statement of the
parent pursuant to section 252B.9, subsection 1, paragraph
“b”. If evidence suggests that the statement is incomplete
or inaccurate, the unit child support services may present
the evidence to the court in a judicial proceeding or to the
administrator director in a proceeding under chapter 252C or
a comparable chapter, and the court or administrator director
shall weigh the evidence in setting the support obligation.
Evidence includes but is not limited to income as established
under paragraph “c”.
b. If a sworn statement is not provided by the parent, the
unit child support services may determine income as established
under paragraph “c” or “d”.
c. Income established by any of the following:
(1) Income verified by an employer or payor of income.
(2) Income reported to the department of workforce
development.
(3) For a public assistance recipient, income as reported to
the department case worker assigned to the public assistance
case.
(4) Other written documentation which identifies income.
d. By July 1, 1999, the department shall adopt rules for
imputing income, whenever possible, based on the earning
capacity of a parent who does not provide income information
or for whom income information is not available. Until such
-573-time as the department adopts rules establishing a different
standard for determining the income of a parent who does not
provide income information or for whom income information
is not available, the estimated state median income for a
one-person family as published annually in the federal register
for use by the federal office of community services, office of
energy assistance, for the subsequent federal fiscal year.
(1) This provision is effective beginning July 1, 1992,
based upon the information published in the federal register
dated March 8, 1991.
(2) The unit Child support services may revise the estimated
income each October 1. If the estimate is not available or has
not been published, the unit child support services may revise
the estimate when it becomes available.
e. When the income information obtained pursuant to this
subsection does not include the information necessary to
determine the net monthly income of the parent, the unit child
support services may deduct twenty percent from the parent’s
gross monthly income to arrive at the net monthly income
figure.
2. The amount of the income determined may be challenged any
time prior to the entry of a new or modified order for support.
3. If the child support recovery unit services is providing
services pursuant to this chapter, the court shall use the
income figure determined pursuant to this section when applying
the guidelines to determine the amount of support.
4. The department may develop rules as necessary to further
implement disclosure of financial information of the parties.
Sec. 853. Section 252B.7B, Code 2023, is amended to read as
follows:
252B.7B Informational materials provided by the unit child
support services.
1. The unit Child support services shall prepare and make
available to the public, informational materials which explain
the unit’s child support services’ procedures including, but
-574-not limited to, procedures with regard to all of the following:
a. Accepting applications for services.
b. Locating individuals.
c. Establishing paternity.
d. Establishing support.
e. Enforcing support.
f. Modifying, suspending, or reinstating support.
g. Terminating services.
2. The informational materials shall include general
information about and descriptions of the processes involved
relating to the services provided by the unit child support
services including application for services, fees for services,
the responsibilities of the recipient of services, resolution
of disagreements with the unit child support services, rights
to challenge the actions of the unit child support services,
and obtaining additional information.
Sec. 854. Section 252B.8, Code 2023, is amended to read as
follows:
252B.8 Central information center.
The department shall establish within the unit child support
services an information and administration coordinating center
which shall serve as a registry for the receipt of information
and for answering interstate inquiries concerning absent
parents and shall coordinate and supervise unit child support
services’ activities. The information and administration
coordinating center shall promote cooperation between the
unit child support services and law enforcement agencies to
facilitate the effective operation of the unit child support
services.
Sec. 855. Section 252B.9, Code 2023, is amended to read as
follows:
252B.9 Information and assistance from others — availability
of records.
1. a. The director may request from state, county, and
local agencies information and assistance deemed necessary to
-575-carry out the provisions of this chapter. State, county, and
local agencies, officers, and employees shall cooperate with
the unit child support services and shall on request supply the
department with available information relative to the absent
parent, the custodial parent, and any other necessary party,
notwithstanding any provisions of law making this information
confidential. The cooperation and information required by this
subsection shall also be provided when it is requested by a
child support agency. Information required by this subsection
includes, but is not limited to, information relative to
location, income, property holdings, records of licenses as
defined in section 252J.1, and records concerning the ownership
and control of corporations, partnerships, and other business
entities. If the information is maintained in an automated
database, the unit child support services shall be provided
automated access.
b. Parents of a child on whose behalf support enforcement
services are provided shall provide information regarding
income, resources, financial circumstances, and property
holdings to the department for the purpose of establishment,
modification, or enforcement of a support obligation. The
department may provide the information to parents of a child
as needed to implement the requirements of section 598.21B,
notwithstanding any provisions of law making this information
confidential.
c. Notwithstanding any provisions of law making this
information confidential, all persons, including for-profit,
nonprofit, and governmental employers, shall, on request,
promptly supply the unit child support services or a child
support agency information on the employment, compensation,
and benefits of any individual employed by such person as
an employee or contractor with relation to whom the unit
child support services or a child support agency is providing
services.
d. Notwithstanding any provisions of law making this
-576-information confidential, the unit child support services may
subpoena or a child support agency may use the administrative
subpoena form promulgated by the secretary of the United
States department of health and human services under 42 U.S.C.
§652(a)(11)(C), to obtain any of the following:
(1) Books, papers, records, or information regarding any
financial or other information relating to a paternity or
support proceeding.
(2) Certain records held by public utilities, cable or
other television companies, cellular telephone companies, and
internet service providers with respect to individuals who
owe or are owed support, or against or with respect to whom
a support obligation is sought, consisting of the names and
addresses of such individuals and the names and addresses of
the employers of such individuals, as appearing in customer
records, and including the cellular telephone numbers of such
individuals appearing in the customer records of cellular
telephone companies. If the records are maintained in
automated databases, the unit child support services shall be
provided with automated access.
e. The unit Child support services or a child support agency
may subpoena information for one or more individuals.
f. If the unit child support services or a child support
agency issues a request under paragraph “c”, or a subpoena under
paragraph “d”, all of the following shall apply:
(1) The unit Child support services or a child support
agency may issue a request or subpoena to a person by sending
it by regular mail. Proof of service may be completed
according to rule of civil procedure 1.442.
(2) A person who is not a parent or putative father in a
paternity or support proceeding, who is issued a request or
subpoena, shall be provided an opportunity to refuse to comply
for good cause by filing a request for a conference with the
unit child support services or a child support agency in the
manner and within the time specified in rules adopted pursuant
-577-to subparagraph (7).
(3) Good cause shall be limited to mistake in the identity
of the person, or prohibition under federal law to release such
information.
(4) After the conference the unit child support services
shall issue a notice finding that the person has good cause
for refusing to comply, or a notice finding that the person
does not have good cause for failing to comply. If the person
refuses to comply after issuance of notice finding lack of good
cause, or refuses to comply and does not request a conference,
the person is subject to a penalty of one hundred dollars per
refusal.
(5) If the person fails to comply with the request or
subpoena, fails to request a conference, and fails to pay a
penalty imposed under subparagraph (4), the unit child support
services may petition the district court to compel the person
to comply with this paragraph. If the person objects to
imposition of the penalty, the person may seek judicial review
by the district court.
(6) If a parent or putative father fails to comply with a
subpoena or request for information, the provisions of chapter
252J shall apply.
(7) The unit Child support services may adopt rules pursuant
to chapter 17A to implement this section.
g. Notwithstanding any provisions of law making this
information confidential, the unit child support services
or a child support agency shall have access to records and
information held by financial institutions with respect to
individuals who owe or are owed support, or with respect to
whom a support obligation is sought including information on
assets and liabilities. If the records are maintained in
automated databases, the unit child support services shall
be provided with automated access. For the purposes of this
section, “financial institution” means financial institution as
defined in section 252I.1.
-578- h. Notwithstanding any law to the contrary, the unit
child support services and a child support agency shall have
access to any data maintained by the state of Iowa which
contains information that would aid the agency in locating
individuals. Such information shall include, but is not
limited to, driver’s license, motor vehicle, and criminal
justice information. However, the information does not include
criminal investigative reports or intelligence files maintained
by law enforcement. The unit Child support services and a
child support agency shall use or disclose the information
obtained pursuant to this paragraph only in accordance with
subsection 3. Criminal history records maintained by the
department of public safety shall be disclosed in accordance
with chapter 692. The unit Child support services shall also
have access to the protective order file maintained by the
department of public safety.
i. Liability shall not arise under this subsection with
respect to any disclosure by a person as required by this
subsection, and no advance notice from the unit child support
services or a child support agency is required prior to
requesting information or assistance or issuing a subpoena
under this subsection.
j. Notwithstanding any provision of law making this
information confidential, data provided to the department by an
insurance carrier under section 505.25 shall also be provided
to the unit child support services. Provision of data to the
unit child support services under this paragraph shall not
require an agreement or modification of an agreement between
the department and an insurance carrier, but the provisions
of this section applicable to information received by the
unit child support services shall apply to the data received
pursuant to section 505.25 in lieu of any confidentiality,
privacy, disclosure, use, or other provisions of an agreement
between the department and an insurance carrier.
2. Notwithstanding other statutory provisions to the
-579-contrary, including but not limited to chapters 22 and 217, as
the chapters relate to confidentiality of records maintained by
the department, the payment records of the collection services
center maintained under section 252B.13A may be released,
except when prohibited by federal law or regulation, only as
follows:
a. Payment records of the collection services center may
be released upon request for the administration of a plan or
program approved for the supplemental nutrition assistance
program or under Tit.IV, XIX, or XXI of the federal Social
Security Act, as amended, and as otherwise permitted under Tit.
IV-D of the federal Social Security Act, as amended. A payment
record shall not include address or location information.
b. The department may release details related to payment
records or provide alternative formats for release of the
information for the administration of a plan or program under
Tit.IV-D of the federal Social Security Act, as amended,
including as follows:
(1) The unit Child support services or the collection
services center may provide detail or present the information
in an alternative format to an individual or to the
individual’s legal representative if the individual owes or is
owed a support obligation, to an agency assigned the obligation
as the result of receipt by a party of public assistance, to an
agency charged with enforcing child support pursuant to Tit.
IV-D of the federal Social Security Act, as amended, or to the
court.
(2) For support orders entered in Iowa which are being
enforced by the unit child support services, the unit child
support services may compile and make available for publication
a listing of cases in which no payment has been credited to
an accrued or accruing support obligation during a previous
three-month period. Each case on the list shall be identified
only by the name of the support obligor, the address, if known,
of the support obligor, unless the information pertaining
-580-to the address of the support obligor is protected through
confidentiality requirements established by law and has not
otherwise been verified with the unit child support services,
the support obligor’s court order docket or case number, the
county in which the obligor’s support order is filed, the
collection services center case numbers, and the range within
which the balance of the support obligor’s delinquency is
established. The department shall determine dates for the
release of information, the specific format of the information
released, and the three-month period used as a basis for
identifying cases. The department may not release the
information more than twice annually. In compiling the listing
of cases, no prior public notice to the obligor is required,
but the unit child support services may send notice annually
by mail to the current known address of any individual owing a
support obligation which is being enforced by the unit child
support services. The notice shall inform the individual of
the provisions of this subparagraph. Actions taken pursuant to
this subparagraph are not subject to review under chapter 17A,
and the lack of receipt of a notice does not prevent the unit
child support services from proceeding in implementing this
subparagraph.
(3) The provisions of subparagraph (2) may be applied to
support obligations entered in another state, at the request
of a child support agency if the child support agency has
demonstrated that the provisions of subparagraph (2) are not
in conflict with the laws of the state where the support
obligation is entered and the unit child support services is
enforcing the support obligation.
(4) Records relating to the administration, collection, and
enforcement of surcharges pursuant to section 252B.23 which are
recorded by the unit child support services or a collection
entity shall be confidential records except that information,
as necessary for support collection and enforcement, may be
provided to other governmental agencies, the obligor or the
-581-resident parent, or a collection entity under contract with
the unit child support services unless otherwise prohibited
by the federal law. A collection entity under contract with
the unit child support services shall use information obtained
for the sole purpose of fulfilling the duties required under
the contract, and shall disclose any records obtained by the
collection entity to the unit child support services for use in
support establishment and enforcement.
3. Notwithstanding other statutory provisions to the
contrary, including but not limited to chapters 22 and 217,
as the chapters relate to the confidentiality of records
maintained by the department, information recorded by the
department pursuant to this section or obtained by the unit
child support services is confidential and, except when
prohibited by federal law or regulation, may be used or
disclosed as provided in subsection 1, paragraphs “b” and “h”,
and subsection 2, and as follows:
a. The attorney general may utilize the information
to secure, modify, or enforce a support obligation of an
individual.
b. This subsection shall not permit or require the release
of information, except to the extent provided in this section.
c. The unit Child support services may release or disclose
information as necessary to provide services under section
252B.5, as provided by chapter 252G, as provided by Tit.IV-D
of the federal Social Security Act, as amended, or as required
by federal law.
d. The unit Child support services may release information
under section 252B.9A to meet the requirements of Tit.IV-D of
the federal Social Security Act for parent locator services.
e. Information may be released if directly connected with
any of the following:
(1) The administration of a plan or program approved for
the supplemental nutrition assistance program or under Tit.IV,
XIX, or XXI of the federal Social Security Act, as amended.
-582- (2) Any investigations, prosecutions, or criminal or civil
proceeding conducted in connection with the administration of
any such plan or program.
(3) Reporting to an appropriate agency or official of
any such plan or program, information on known or suspected
instances of physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a child
who is the subject of a child support enforcement action under
circumstances which indicate that the child’s health or welfare
is threatened.
f. Information may be released to courts having jurisdiction
in support proceedings. If a court issues an order, which is
not entered under section 252B.9A, directing the unit child
support services to disclose confidential information, the unit
child support services may file a motion to quash pursuant to
this chapter, Tit.IV-D of the federal Social Security Act, or
other applicable law.
g. The child Child support recovery unit services may
release information for the administration of a plan or program
approved for the supplemental nutrition assistance program or
under Tit.IV, XIX, or XXI of the federal Social Security Act,
as amended, specified under subsection 2 or this subsection, to
the extent the release of information does not interfere with
the unit child support services meeting its own obligations
under Tit.IV-D of the federal Social Security Act, as amended,
and subject to requirements prescribed by the federal office
of child support enforcement of the United States department
of health and human services.
h. For purposes of this subsection, “party” means an absent
parent, obligor, resident parent, or other necessary party.
i. If the unit child support services receives notification
under this paragraph, the unit child support services shall
notify the federal parent locator service as required by
federal law that there is reasonable evidence of domestic
violence or child abuse against a party or a child and that the
-583-disclosure of information could be harmful to the party or the
child. The notification to the federal parent locator service
shall be known as notification of a disclosure risk indicator.
For purposes of this paragraph, the unit child support services
shall notify the federal parent locator service of a disclosure
risk indicator only if at least one of the following applies:
(1) The unit Child support services receives notification
that the department, or comparable agency of another state, has
made a finding of good cause or other exception as provided in
section 252B.3, or comparable law of another state.
(2) The unit Child support services receives and, through
automation, matches notification from the department of public
safety or the unit child support services receives notification
from a court of this or another state, that a court has issued
a protective order or no-contact order against a party with
respect to another party or child.
(3) The unit Child support services receives notification
that a court has dismissed a petition for specified
confidential information pursuant to section 252B.9A.
(4) The unit Child support services receives a copy, regular
on its face, of a notarized affidavit or a pleading, which was
signed by and made under oath by a party, under chapter 252K,
the uniform interstate family support Act, or the comparable
law of another state, alleging the health, safety, or liberty
of the party or child would be jeopardized by the disclosure
of specific identifying information unless a tribunal under
chapter 252K, the uniform interstate family support Act, or
the comparable law of another state, ordered the identifying
information of a party or child be disclosed.
(5) The unit Child support services receives and, through
automation, matches notification from the division of child and
family services of the department, or the unit child support
services receives notification from a comparable agency of
another state, of a founded allegation of child abuse, or a
comparable finding under the law of the other state.
-584- (6) The unit Child support services receives notification
that an individual has an exemption from cooperation with child
support enforcement under a family investment program safety
plan which addresses family or domestic violence.
(7) The unit Child support services receives notification
that an individual is a certified program participant as
provided in chapter 9E.
(8) The unit Child support services receives notification,
as the result of a request under section 252B.9A, of the
existence of any finding, order, affidavit, pleading, safety
plan, certification, or founded allegation referred to in
subparagraphs (1) through (7) of this paragraph.
j. The unit Child support services may provide information
regarding delinquent obligors as provided in 42 U.S.C.
§666(a)(7) to a consumer reporting agency if all the following
apply:
(1) The agency provides the unit child support services with
satisfactory evidence that it is a consumer reporting agency
as defined in 15 U.S.C. §1681a(f) and meets all the following
requirements:
(a) Compiles and maintains files on consumers on a
nationwide basis as provided in 15 U.S.C. §1681a(p).
(b) Participates jointly with other nationwide consumer
reporting agencies in providing annual free credit reports to
consumers upon request through a centralized source as required
by the federal trade commission in 16 C.F.R. §610.2.
(2) The agency has entered into an agreement with the
unit child support services regarding receipt and use of the
information.
4. Nothing in this chapter, chapter 252A, 252C, 252D,
252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
comparable chapter or law shall preclude the unit child support
services from exchanging any information, notice, document, or
certification with any government or private entity, if the
exchange is not otherwise prohibited by law, through mutually
-585-agreed upon electronic data transfer rather than through other
means.
Sec. 856. Section 252B.9A, Code 2023, is amended to read as
follows:
252B.9A Disclosure of confidential information — authorized
person — court.
1. A person, except a court or government agency, who
is an authorized person to receive specified confidential
information under 42 U.S.C. §653, may submit a written request
to the unit child support services for disclosure of specified
confidential information regarding a nonrequesting party. The
written request shall comply with federal law and regulations,
including any attestation and any payment to the federal office
of child support enforcement of the United States department
of health and human services required by federal law or
regulation, and shall include a sworn statement attesting to
the reason why the requester is an authorized person under
42 U.S.C. §653, including that the requester would use the
confidential information only for purposes permitted in that
section.
2. Upon receipt of a request from an authorized person
which meets all of the requirements under subsection 1, the
unit child support services shall search available records as
permitted by law or shall request the information from the
federal parent locator service as provided in 42 U.S.C. §653.
a. If the unit child support services locates the specified
confidential information, the unit child support services shall
disclose the information to the extent permitted under federal
law, unless one of the following applies:
(1) There is a notice from the federal parent locator
service that there is reasonable evidence of domestic violence
or child abuse pursuant to 42 U.S.C. §653(b)(2).
(2) The unit Child support services has notified the federal
parent locator service of a disclosure risk indicator as
provided in section 252B.9, subsection 3, paragraph “i”, and has
-586-not removed that notification.
(3) The unit Child support services receives notice of a
basis for a disclosure risk indicator listed in section 252B.9,
subsection 3, paragraph “i”, within twenty days of sending a
notice of the request to the subject of the request by regular
mail.
b. If the unit child support services locates the specified
confidential information, but the unit child support services
is prohibited from disclosing confidential information under
paragraph “a”, the unit child support services shall deny the
request and notify the requester of the denial in writing.
Upon receipt of a written notice from the unit child support
services denying the request, the requester may file a petition
in district court for an order directing the unit child support
services to release the requested information to the court as
provided in subsection 3.
3. A person may file a petition in district court for
disclosure of specified confidential information. The petition
shall request that the court direct the unit child support
services to release specified confidential information to
the court, that the court make a determination of harm if
appropriate, and that the court release specified confidential
information to the petitioner.
a. The petition shall include a sworn statement attesting
to the intended use of the information by the petitioner as
allowed by federal law. Such statement may specify any of the
following intended uses:
(1) To establish parentage, or to establish, set the amount
of, modify, or enforce a child support obligation.
(2) To make or enforce a child custody or visitation
determination or order.
(3) To carry out the duty or authority of the petitioner to
investigate, enforce, or bring a prosecution with respect to
the unlawful taking or restraint of a child.
b. Upon the filing of a petition, the court shall enter an
-587-order directing the unit child support services to release to
the court within thirty days specified confidential information
which the unit child support services would be permitted to
release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
the following applies:
(1) There is a notice from the federal parent locator
service that there is reasonable evidence of domestic violence
or child abuse pursuant to 42 U.S.C. §653(b)(2).
(2) The unit Child support services has notified the federal
parent locator service of a disclosure risk indicator as
provided in section 252B.9, subsection 3, paragraph “i”, and has
not removed that notification.
(3) The unit Child support services receives notice of a
basis for a disclosure risk indicator listed in section 252B.9,
subsection 3, paragraph “i”, within twenty days of sending
notice of the order to the subject of the request by regular
mail. The unit Child support services shall include in the
notice to the subject of the request a copy of the court order
issued under this paragraph.
c. Upon receipt of the order, the unit child support
services shall comply as follows:
(1) If the unit child support services has the specified
confidential information, and none of the domestic violence,
child abuse, or disclosure risk indicator provisions of
paragraph “b” applies, the unit child support services shall
file the confidential information with the court along with
a statement that the unit child support services has not
received any notice that the domestic violence, child abuse, or
disclosure risk indicator provisions of paragraph “b” apply.
The unit Child support services shall be granted at least
thirty days to respond to the order. The court may extend
the time for the unit child support services to comply. Upon
receipt by the court of the confidential information under
this subparagraph, the court may order the release of the
information to the petitioner.
-588- (2) If the unit child support services has the specified
confidential information, and the domestic violence, child
abuse, or disclosure risk indicator provision of paragraph “b”
applies, the unit child support services shall file with the
court a statement that the domestic violence, child abuse,
or disclosure risk indicator provision of paragraph “b”
applies, along with any information the unit child support
services has received related to the domestic violence, child
abuse, or disclosure risk indicator. The unit Child support
services shall be granted at least thirty days to respond to
the order. The court may extend the time for the unit child
support services to comply. Upon receipt by the court of
information from the unit child support services under this
subparagraph, the court shall make a finding whether disclosure
of confidential information to any other person could be
harmful to the nonrequesting party or child. In making the
finding, the court shall consider any relevant information
provided by the parent or child, any information provided by
the unit child support services or by a child support agency,
any information provided by the petitioner, and any other
relevant evidence. The unit Child support services or unit’s
a child support services’ attorney does not represent any
individual person in this proceeding.
(a) If the court finds that disclosure of confidential
information to any other person could be harmful to the
nonrequesting party or child, the court shall dismiss the
petition for disclosure and notify the unit child support
services to notify the federal parent locator service of a
disclosure risk indicator.
(b) If the court does not find that disclosure of specified
confidential information to any other person could be harmful
to the nonrequesting party or child, the court shall notify the
unit child support services to file the specified confidential
information with the court. Upon receipt by the court of the
specified confidential information, the court may release the
-589-information to the petitioner and inform the unit child support
services to remove the disclosure risk indicator.
(3) If the unit child support services does not have the
specified confidential information and cannot obtain the
information from the federal parent locator service, the unit
child support services shall comply with the order by notifying
the court of the lack of information.
4. The confidential information which may be released by
the unit child support services to a party under subsection
2, or by the unit child support services to the court under
subsection 3, shall be limited by the federal Social Security
Act and other applicable federal law, and the unit child
support services may use the sworn statement filed pursuant to
subsection 1 or 3 in applying federal law. Any information
filed with the court by the unit child support services, when
certified over the signature of a designated employee, shall
be considered to be satisfactorily identified and shall be
admitted as evidence, without requiring third-party foundation
testimony. Additional proof of the official character of the
person certifying the document or the authenticity of the
person’s signature shall not be required.
5. When making a request for confidential information under
this section, a party or petitioner shall indicate the specific
information requested.
6. For purposes of this section, “party” means party as
defined in section 252B.9, subsection 3.
7. The unit Child support services may adopt rules pursuant
to chapter 17A to prescribe provisions in addition to or in
lieu of the provisions of this section to comply with federal
requirements for parent locator services or the safeguarding
of information.
Sec. 857. Section 252B.11, Code 2023, is amended to read as
follows:
252B.11 Recovery of costs of collection services.
The unit Child support services may initiate necessary civil
-590-proceedings to recover the unit’s child support services’ costs
of support collection services provided to an individual,
whether or not the individual is a public assistance recipient,
from an individual who owes and is able to pay a support
obligation but willfully fails to pay the obligation. The unit
Child support services may seek a lump sum recovery of the
unit’s child support services’ costs or may seek to recover the
unit’s child support services’ costs through periodic payments
which are in addition to periodic support payments. If the
unit’s child support services’ costs are recovered from an
individual owing a support obligation, the costs shall not be
deducted from the amount of support money received from the
individual. The costs collected pursuant to this section shall
be retained by the department for use by the unit child support
services. The director or a designee shall keep an accurate
record of funds so retained.
Sec. 858. Section 252B.13A, Code 2023, is amended to read
as follows:
252B.13A Collection services center.
1. The department shall establish within the unit child
support services a collection services center for the receipt
and disbursement of support payments as defined in section
252D.16 or 598.1 as required for orders by section 252B.14.
For purposes of this section, support payments do not include
attorney fees, court costs, or property settlements. The
center may also receive and disburse surcharges as provided in
section 252B.23.
2. a. The collection services center shall meet the
requirements for a state disbursement unit pursuant to 42
U.S.C. §654b, section 252B.14, and this section by October 1,
1999.
b. Prior to October 1, 1999, the department and the
judicial branch shall enter into a cooperative agreement for
implementation of the state disbursement unit requirement. The
agreement shall include, but is not limited to, provisions for
-591-all of the following:
(1) Coordination with the state case registry created in
section 252B.24.
(2) The receipt and disbursement of income withholding
payments for orders not receiving services from the unit child
support services pursuant to section 252B.14, subsection 4.
(3) The transmission of information, orders, and documents,
and access to information.
(4) Furnishing, upon request, timely information on the
current status of support payments as provided in 42 U.S.C.
§654b(b)(4), in a manner consistent with state law.
(5) The notification of payors of income to direct income
withholding payments to the collection services center as
provided in section 252B.14, subsection 4.
Sec. 859. Section 252B.14, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. For support orders being enforced by the child support
recovery unit services, support payments made pursuant to the
order shall be directed to and disbursed by the collection
services center or, as appropriate, a comparable government
entity in another state as provided in chapter 252K.
5. If the collection services center is receiving and
disbursing payments pursuant to a support order, but the unit
child support services is not providing other services under
Tit.IV-D of the federal Social Security Act, or if the order
is not being enforced by the unit child support services,
the parties to that order are not considered to be receiving
services under this chapter.
Sec. 860. Section 252B.15, subsection 1, Code 2023, is
amended to read as follows:
1. The collection services center shall notify the clerk
of the district court of any order for which the child support
recovery unit services is providing enforcement services. The
clerk of the district court shall forward any support payment
made pursuant to the order, along with any support payment
-592-information, to the collection services center. Unless the
agreement developed pursuant to section 252B.13A otherwise
provides, the clerk of the district court shall forward any
support payment made and any support payment information
provided through income withholding pursuant to chapter 252D,
to the collection services center. The collection services
center shall process and disburse the payment in accordance
with federal requirements.
Sec. 861. Section 252B.16, Code 2023, is amended to read as
follows:
252B.16 Transfer of support order processing responsibilities
— ongoing procedures.
1. For a support order being processed by the clerk of
the district court, upon notification that the unit child
support services is providing enforcement services related to
the order, the clerk of the district court shall immediately
transfer the responsibility for the disbursement of support
payments received pursuant to the order to the collection
services center.
2. The department shall adopt rules pursuant to chapter
17A to ensure that the affected parties are notified that
the support payment disbursement responsibilities have been
transferred to the collection services center from the clerk
of the district court. The rules shall include a provision
requiring that a notice shall be sent by regular mail to the
last known addresses of the obligee and the obligor. The
issuance of notice to the obligor is the equivalent of a court
order requiring the obligor to direct payment to the collection
services center for disbursement.
3. Once the responsibility for receiving and disbursing
support payments has been transferred from a clerk of the
district court to the collection services center, the
responsibility shall remain with the collection services
center even if the child support recovery unit services is no
longer providing enforcement services, unless redirected by
-593-court order. However, the responsibility for receiving and
disbursing income withholding payments shall not be redirected
to a clerk of the district court.
4. As provided in sections 252K.307 and 252K.319, the unit
child support services may issue and file with the clerk of
the district court, a notice redirecting support payments to
a comparable government entity responsible for the processing
and disbursement of support payments in another state. The
unit Child support services shall send a copy of the notice by
regular mail to the last known addresses of the obligor and
obligee and, where applicable, shall notify the payor of income
to make payments as specified in the notice. The issuance
and filing of the notice is the equivalent of a court order
redirecting support.
Sec. 862. Section 252B.17A, Code 2023, is amended to read
as follows:
252B.17A Imaging or photographic copies — originals
destroyed.
1. If the unit child support services, in the regular
course of business or activity, has recorded or received any
memorandum, writing, entry, print, document, representation,
or combination thereof, of any act, transaction, occurrence,
event, or communication from any source, and in the regular
course of business has caused any or all of the same to
be recorded, copied, or reproduced by any photographic,
photostatic, microfilm, microcard, miniature photographic,
electronic imaging, electronic data processing, or other
process which accurately reproduces or forms a durable
medium for accurately and legibly reproducing an unaltered
image or reproduction of the original, the original may be
destroyed. Such reproduction, when satisfactorily identified,
is as admissible in evidence as the original itself in any
judicial or administrative proceeding whether the original is
in existence or not and an enlargement or facsimile of such
reproduction is likewise admissible in evidence if the original
-594-recording, copy, or reproduction is in existence and available
for inspection. The introduction of a reproduced record,
enlargement, or facsimile, does not preclude admission of the
original.
2. The electronically imaged, copied, or otherwise
reproduced record or document maintained or received by the
unit child support services, when certified over the signature
of a designated employee of the unit child support services,
shall be considered to be satisfactorily identified. Certified
documents are deemed to have been imaged or copied or otherwise
reproduced accurately and unaltered in the regular course of
business, and such documents are admissible in any judicial or
administrative proceeding as evidence. Additional proof of
the official character of the person certifying the record or
authenticity of the person’s signature shall not be required.
Whenever the unit child support services or an employee of the
unit child support services is served with a summons, subpoena,
subpoena duces tecum, or order directing production of such
records, the unit child support services or the employee may
comply by transmitting a copy of the record certified as
described above to the district court.
Sec. 863. Section 252B.20, Code 2023, is amended to read as
follows:
252B.20 Suspension of support — request by mutual consent.
1. If the unit child support services is providing child
support enforcement services pursuant to this chapter, the
parents of a dependent child for whom support has been ordered
pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
chapter, may jointly request the assistance of the unit child
support services in suspending the obligation for support if
all of the following conditions exist:
a. The parents have reconciled and are cohabiting, and
the child for whom support is ordered is living in the same
residence as the parents, or the child is currently residing
with the parent who is ordered to pay support. If the basis for
-595-suspension under this paragraph applies to at least one but not
all of the children for whom support is ordered, the condition
of this paragraph is met only if the support order includes a
step change.
b. The child for whom support is ordered is not receiving
public assistance pursuant to chapter 239B, 249A, or a
comparable law of another state or foreign country, unless the
person against whom support is ordered is considered to be a
member of the same household as the child for the purposes of
public assistance eligibility.
c. The parents have signed a notarized affidavit attesting
to the conditions under paragraphs “a” and “b”, have consented
to suspension of the support order or obligation, and have
submitted the affidavit to the unit child support services.
d. No prior request for suspension has been filed with
the unit child support services under this section and no
prior request for suspension has been served by the unit child
support services under section 252B.20A during the two-year
period preceding the request.
e. Any other criteria established by rule of the department.
2. Upon receipt of the application for suspension and
properly executed and notarized affidavit, the unit child
support services shall review the application and affidavit to
determine that the necessary criteria have been met. The unit
Child support services shall then do one of the following:
a. Deny the request and notify the parents in writing
that the application is being denied, providing reasons for
the denial and notifying the parents of the right to proceed
through private counsel. Denial of the application is not
subject to contested case proceedings or further review
pursuant to chapter 17A.
b. Approve the request and prepare an order which shall be
submitted, along with the affidavit, to a judge of a district
court for approval, suspending the accruing support obligation
and, if requested by the obligee, and if not prohibited by
-596-chapter 252K, satisfying the obligation of support due the
obligee. If the basis for suspension applies to at least one
but not all of the children for whom support is ordered and the
support order includes a step change, the unit child support
services shall prepare an order suspending the accruing support
obligation for each child to whom the basis for suspension
applies.
3. An order approved by the court for suspension of an
accruing support obligation is effective upon the date of
filing of the suspension order. The satisfaction of an
obligation of support due the obligee shall be final upon the
filing of the suspension order. A support obligation which is
satisfied is not subject to the reinstatement provisions of
this section.
4. An order suspending an accruing support obligation
entered by the court pursuant to this section shall be
considered a temporary order for the period of six months from
the date of filing of the suspension order. However, the
six-month period shall not include any time during which an
application for reinstatement is pending before the court.
5. During the six-month period the unit child support
services may request that the court reinstate the accruing
support order or obligation if any of the following conditions
exist:
a. Upon application to the unit child support services by
either parent or other person who has physical custody of the
child.
b. Upon the receipt of public assistance benefits, pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, by the person entitled to receive support
and the child on whose behalf support is paid, provided that
the person owing the support is not considered to be a member
of the same household as the child for the purposes of public
assistance eligibility.
6. If a condition under subsection 5 exists, the unit
-597- child support services may request that the court reinstate an
accruing support obligation as follows:
a. If the basis for the suspension no longer applies to any
of the children for whom an accruing support obligation was
suspended, the unit child support services shall request that
the court reinstate the accruing support obligations for all of
the children.
b. If the basis for the suspension continues to apply to
at least one but not all of the children for whom an accruing
support obligation was suspended and if the support order
includes a step change, the unit child support services
shall request that the court reinstate the accruing support
obligation for each child for whom the basis for the suspension
no longer applies.
7. Upon filing of an application for reinstatement, service
of the application shall be made either in person or by first
class mail upon both parents. Within ten days following the
date of service, the parents may file a written objection with
the clerk of the district court to the entry of an order for
reinstatement.
a. If no objection is filed, the court may enter an order
reinstating the accruing support obligation without additional
notice.
b. If an objection is filed, the clerk of court shall set
the matter for hearing and send notice of the hearing to both
parents and the unit child support services.
8. The reinstatement is effective as follows:
a. For reinstatements initiated under subsection 5,
paragraph “a”, the date the notices were served on both parents
pursuant to subsection 7.
b. For reinstatements initiated under subsection 5,
paragraph “b”, the date the child began receiving public
assistance benefits during the suspension of the obligation.
c. Support which became due during the period of suspension
but prior to the reinstatement is waived and not due and owing
-598-unless the parties requested and agreed to the suspension under
false pretenses.
9. If the order suspending a support obligation has been
on file with the court for a period exceeding six months as
computed pursuant to subsection 4, the order becomes final by
operation of law and terminates the support obligation, and
thereafter, a party seeking to establish a support obligation
against either party shall bring a new action for support as
provided by law.
10. This section shall not limit the rights of the parents
or the unit child support services to proceed by other means to
suspend, terminate, modify, reinstate, or establish support.
11. This section does not provide for the suspension or
retroactive modification of support obligations which accrued
prior to the entry of an order suspending enforcement and
collection of support pursuant to this section. However, if in
the application for suspension, an obligee elects to satisfy an
obligation of accrued support due the obligee, the suspension
order may satisfy the obligation of accrued support due the
obligee.
12. Nothing in this section shall prohibit or limit the
unit child support services or a party entitled to receive
support from enforcing and collecting any unpaid or unsatisfied
support that accrued prior to the suspension of the accruing
obligation.
13. For the purposes of chapter 252H, subchapter II,
regarding the criteria for a review or for a cost-of-living
alteration under chapter 252H, subchapter IV, if a support
obligation is terminated or reinstated under this section,
such termination or reinstatement shall not be considered a
modification of the support order.
14. As used in this section, unless the context otherwise
requires, “step change” means a change designated in a support
order specifying the amount of the child support obligation
as the number of children entitled to support under the order
-599-changes.
15. As specified in this section, if the child for whom
support is ordered is not receiving public assistance pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, upon agreement of the parents, the unit
child support services may facilitate the suspension of the
child support order or obligation if the child is residing
with a caretaker, who is a natural person, and who has not
requested the unit child support services to provide services
under this chapter. The parents and the caretaker shall sign
a notarized affidavit attesting to the conditions under this
section, consent to the suspension of the support order or
obligation, and submit the affidavit to the unit child support
services. Upon the receipt of public assistance benefits
pursuant to chapter 239B, 249A, or a comparable law of another
state or foreign country, by the child on whose behalf support
is ordered, or upon application to the unit child support
services by either parent or the caretaker, the unit child
support services may, within the time periods specified in this
section, request the reinstatement of the accruing support
order or obligation pursuant to this section.
16. The department may adopt all necessary and proper rules
to administer and interpret this section.
Sec. 864. Section 252B.20A, Code 2023, is amended to read
as follows:
252B.20A Suspension of support — request by one party.
1. If the unit child support services is providing child
support enforcement services pursuant to this chapter, the
obligor who is ordered to pay support for the dependent child
pursuant to chapter 252A, 252C, or 252F, may request the
assistance of the unit child support services in suspending
the obligation for support if all of the following conditions
exist:
a. The child is currently residing with the obligor and has
been for more than sixty consecutive days. If the basis for
-600-suspension under this paragraph applies to at least one but not
all of the children for whom support is ordered, the condition
of this paragraph is met only if the support order includes a
step change.
b. There is no order in effect regarding legal custody,
physical care, visitation, or other parenting time for the
child.
c. It is reasonably expected that the basis for suspension
under this section will continue for not less than six months.
d. The child for whom support is ordered is not receiving
public assistance pursuant to chapter 239B, 249A, or a
comparable law of another state or foreign country, unless the
obligor is considered to be a member of the same household as
the child for the purposes of public assistance eligibility.
e. The obligor has signed a notarized affidavit, provided
by the unit child support services, attesting to the existence
of the conditions under paragraphs “a” through “d”, has
requested suspension of the support order or obligation, and
has submitted the affidavit to the unit child support services.
f. No prior request for suspension has been served under
this section, and no prior request for suspension has been
filed with the unit child support services pursuant to section
252B.20, during the two-year period preceding the request.
g. Any other criteria established by rule of the department.
2. Upon receipt of the application for suspension and
properly executed and notarized affidavit, the unit child
support services shall review the application and affidavit
to determine that the criteria have been met. The unit Child
support services shall then do one of the following:
a. If the unit child support services determines the
criteria have not been met, deny the request and notify the
obligor in writing that the application is being denied,
providing reasons for the denial and notifying the obligor of
the right to proceed through private counsel. Denial of the
application is not subject to contested case proceedings or
-601-further review pursuant to chapter 17A.
b. If the unit child support services determines the
criteria have been met, serve a copy of the notice and
supporting documents on the obligee by any means provided in
section 252B.26. The notice to the obligee shall include all
of the following:
(1) Information sufficient to identify the parties and the
support order affected.
(2) An explanation of the procedure for suspension and
reinstatement of support under this section.
(3) An explanation of the rights and responsibilities of the
obligee, including the applicable procedural time frames.
(4) A statement that within twenty days of service, the
obligee must submit a signed and notarized response to the
unit child support services objecting to at least one of the
assertions in subsection 1, paragraphs “a” through “d”. The
statement shall inform the obligee that if, within twenty days
of service, the obligee fails to submit a response as specified
in this subparagraph, notwithstanding rules of civil procedure
1.972(2) and 1.972(3), the unit child support services will
prepare and submit an order as provided in subsection 3,
paragraph “b”.
3. No sooner than thirty days after service on the obligee
under subsection 2, paragraph “b”, the unit child support
services shall do one of the following:
a. If the obligee submits a signed and notarized objection
to any assertion in subsection 1, paragraphs “a” through “d”,
deny the request and notify the parties in writing that the
application is denied, providing reasons for the denial, and
notifying the parties of the right to proceed through private
counsel. Denial of the application is not subject to contested
case proceedings or further review pursuant to chapter 17A.
b. If the obligee does not timely submit a signed and
notarized objection to the unit child support services, prepare
an order which shall be submitted, along with supporting
-602-documents, to a judge of a district court for approval,
suspending the accruing support obligation. If the basis for
suspension applies to at least one but not all of the children
for whom support is ordered and the support order includes a
step change, the unit child support services shall prepare an
order suspending the accruing support obligation for each child
to whom the basis for suspension applies.
4. An order approved by the court for suspension of an
accruing support obligation is effective upon the date of
filing of the suspension order.
5. An order suspending an accruing support obligation
entered by the court pursuant to this section shall be
considered a temporary order for the period of six months from
the date of filing of the suspension order. However, the
six-month period shall not include any time during which an
application for reinstatement is pending before the court.
6. During the six-month period, the unit child support
services may request that the court reinstate the accruing
support order or obligation if any of the following conditions
exist:
a. Upon application to the unit child support services by
either party or other person who has physical custody of the
child.
b. Upon the receipt of public assistance benefits pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, by the person entitled to receive support
and the child on whose behalf support is paid, provided that
the person owing the support is not considered to be a member
of the same household as the child for the purposes of public
assistance eligibility.
7. If a condition under subsection 6 exists, the unit
child support services may request that the court reinstate an
accruing support obligation as follows:
a. If the basis for the suspension no longer applies to any
of the children for whom an accruing support obligation was
-603-suspended, the unit child support services shall request that
the court reinstate the accruing support obligations for all of
the children.
b. If the basis for the suspension continues to apply to
at least one but not all of the children for whom an accruing
support obligation was suspended and if the support order
includes a step change, the unit child support services
shall request that the court reinstate the accruing support
obligation for each child for whom the basis for the suspension
no longer applies.
8. Upon filing of an application for reinstatement, service
of the application shall be made either in person or by first
class mail upon the parties. Within ten days following the
date of service, a party may file a written objection with
the clerk of the district court to the entry of an order for
reinstatement.
a. If no objection is filed, the court may enter an order
reinstating the accruing support obligation without additional
notice.
b. If an objection is filed, the clerk of court shall set
the matter for hearing and send notice of the hearing to the
parties and the unit child support services.
9. a. The reinstatement is effective as follows:
(1) For reinstatements initiated under subsection 6,
paragraph “a”, the date the notices were served on the parties
pursuant to subsection 8.
(2) For reinstatements initiated under subsection 6,
paragraph “b”, the date the child began receiving public
assistance benefits during the suspension of the obligation.
b. Support which became due during the period of suspension
but prior to the reinstatement is waived and not due and owing
unless the suspension was made under false pretenses.
10. If the order suspending a support obligation has been
on file with the court for a period exceeding six months as
computed pursuant to subsection 5, the order becomes final by
-604-operation of law and terminates the support obligation, and
thereafter, a party seeking to establish a support obligation
against either party shall bring a new action for support as
provided by law.
11. Legal representation of the unit child support services
shall be provided pursuant to section 252B.7, subsection 4.
12. This section shall not limit the rights of a party or
the unit child support services to proceed by other means to
suspend, terminate, modify, reinstate, or establish support.
13. This section does not provide for the suspension or
retroactive modification of support obligations which accrued
prior to the entry of an order suspending enforcement and
collection of support pursuant to this section.
14. Nothing in this section shall prohibit or limit the
unit child support services or a party entitled to receive
support from enforcing and collecting any unpaid or unsatisfied
support that accrued prior to the suspension of the accruing
obligation.
15. For the purposes of chapter 252H regarding the criteria
for a review under subchapter II of that chapter or for a
cost-of-living alteration under subchapter IV of that chapter,
if a support obligation is terminated or reinstated under
this section, such termination or reinstatement shall not be
considered a modification of the support order.
16. As used in this section, unless the context otherwise
requires, “step change” means a change designated in a support
order specifying the amount of the child support obligation
as the number of children entitled to support under the order
changes.
17. As specified in this section, if the child for whom
support is ordered is not receiving public assistance pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, upon request by the obligor, the unit
child support services may facilitate the suspension of the
child support order or obligation if the child is residing
-605-with a caretaker, who is a natural person, and who has not
requested the unit child support services to provide services
under this chapter. The obligor and the caretaker shall sign
a notarized affidavit attesting to the conditions under this
section, consent to the suspension of the support order or
obligation, and submit the affidavit to the unit child support
services. Upon the receipt of public assistance benefits
pursuant to chapter 239B, 249A, or a comparable law of another
state or foreign country, by the child on whose behalf support
is ordered, or upon application to the unit child support
services by either party or the caretaker, the unit child
support services may, within the time periods specified in this
section, request the reinstatement of the accruing support
order or obligation pursuant to this section.
18. The department may adopt all necessary and proper rules
to administer and interpret this section.
Sec. 865. Section 252B.21, Code 2023, is amended to read as
follows:
252B.21 Administrative seek employment orders.
1. For any support order being enforced by the unit child
support services, the unit child support services may enter
an ex parte order requiring the obligor to seek employment
if employment of the obligor cannot be verified and if the
obligor has failed to make support payments. Advance notice is
not required prior to entering the ex parte order. The order
shall be served upon the obligor by regular mail, with proof of
service completed as provided in rule of civil procedure 1.442.
The unit Child support services shall file a copy of the order
with the clerk of the district court.
2. The order to seek employment shall contain directives,
including all of the following:
a. That the obligor seek employment within a determinate
amount of time.
b. That the obligor file with the unit child support
services on a weekly basis a report of at least five new
-606-attempts to find employment or of having found employment. The
report shall include the names, addresses, and the telephone
numbers of any employers or businesses with whom the obligor
attempted to seek employment and the name of the individual
contact to whom the obligor made application for employment or
to whom an inquiry was directed.
c. That failure to comply with the notice is evidence of a
willful failure to pay support under section 598.23A.
d. That the obligor shall provide the child support recovery
unit services with verification of any reason for noncompliance
with the order.
e. The duration of the order, not to exceed three months.
3. The department may establish additional criteria or
requirements relating to seek employment orders by rule as
necessary to implement this section.
Sec. 866. Section 252B.22, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The child Child support recovery unit services created in
this chapter shall establish a task force to assist in the
development and implementation of all of the following:
Sec. 867. Section 252B.23, Code 2023, is amended to read as
follows:
252B.23 Surcharge.
1. A surcharge shall be due and payable by the obligor on
a support arrearage identified as difficult to collect and
referred by the unit child support services on or after January
1, 1998, to a collection entity under contract with the unit
child support services or other state entity. The amount of
the surcharge shall be a percent of the amount of the support
arrearage referred to the collection entity and shall be
specified in the contract with the collection entity. For the
purpose of this chapter, a “collection entity” includes but is
not limited to a state agency, including the central collection
unit of the department of revenue, or a private collection
agency. Use of a collection entity is in addition to any
-607-other legal means by which support payments may be collected.
The unit Child support services shall continue to use other
enforcement actions, as appropriate.
2. a. Notice that a surcharge may be assessed on a support
arrearage referred to a collection entity pursuant to this
section shall be provided to an obligor in accordance with one
of the following as applicable:
(1) In the order establishing or modifying the support
obligation. The unit Child support services or the district
court shall include notice in any new or modified support order
issued on or after July 1, 1997.
(2) Through notice sent by the unit child support services
by regular mail to the last known address of the support
obligor.
b. The notice shall also advise that any appropriate
information may be provided to a collection entity for purposes
of administering and enforcing the surcharge.
3. Arrearages submitted for referral and surcharge pursuant
to this section shall meet all of the following criteria:
a. The arrearages owed shall be based on a court or
administrative order which establishes the support obligation.
b. The arrearage is due for a case in which the unit
child support services is providing services pursuant to this
chapter and one for which the arrearage has been identified as
difficult to collect by the unit child support services.
c. The obligor was provided notice pursuant to subsection 2
at least fifteen days prior to sending the notice of referral
pursuant to subsection 4.
4. The unit Child support services shall send notice of
referral to the obligor by regular mail to the obligor’s last
known address, with proof of service completed according to
rule of civil procedure 1.442, at least thirty days prior to
the date the arrearage is referred to the collection entity.
The notice shall inform the obligor of all of the following:
a. The arrearage will be referred to a collection entity.
-608- b. Upon referral, a surcharge is due and payable by the
obligor.
c. The amount of the surcharge.
d. That the obligor may avoid referral by paying the amount
of the arrearage to the collection services center within
twenty days of the date of notice of referral.
e. That the obligor may contest the referral by submitting a
written request for review of the unit child support services.
The request shall be received by the unit child support
services within twenty days of the date of the notice of
referral.
f. The right to contest the referral is limited to a mistake
of fact, which includes a mistake in the identity of the
obligor, a mistake as to fulfillment of the requirements for
referral under this subsection, or a mistake in the amount of
the arrearages.
g. The unit Child support services shall issue a written
decision following a requested review.
h. Following the issuance of a written decision by the unit
child support services denying that a mistake of fact exists,
the obligor may request a hearing to challenge the surcharge
by sending a written request for a hearing to the office of
the unit which issued the decision child support services.
The request shall be received by the office of the unit which
issued the decision child support services within ten days of
the unit’s child support services’ written decision. The only
grounds for a hearing shall be mistake of fact. Following
receipt of the written request, the unit which receives the
request child support services shall certify the matter for
hearing in the district court in the county in which the
underlying support order is filed.
i. The address of the collection services center for payment
of the arrearages.
5. If the obligor pays the amount of arrearage within twenty
days of the date of the notice of referral, referral of the
-609-arrearage to a collection entity shall not be made.
6. If the obligor requests a review or court hearing
pursuant to this section, referral of the arrearages shall be
stayed pending the decision of the unit child support services
or the court.
7. Actions of the unit child support services under this
section shall not be subject to contested case proceedings or
further review pursuant to chapter 17A and any resulting court
hearing shall be an original hearing before the district court.
However, the department shall establish, by rule pursuant to
chapter 17A, an internal process to provide an additional
review by the administrator of the child support recovery unit
director or the administrator’s director’s designee.
8. If an obligor does not pay the amount of the arrearage,
does not contest the referral, or if following the unit’s
child support services’ review and any court hearing the unit
child support services or the court does not find a mistake
of fact, the arrearages shall be referred to a collection
entity. Following the review or hearing, if the unit child
support services or the court finds a mistake in the amount
of the arrearage, the arrearages shall be referred to the
collection entity in the appropriate arrearage amount. For
arrearages referred to a collection entity, the obligor shall
pay a surcharge equal to a percent of the amount of the support
arrearage due as of the date of the referral. The surcharge
is in addition to the arrearages and any other fees or charges
owed, and shall be enforced by the collection entity as
provided under section 252B.5. Upon referral to the collection
entity, the surcharge is an automatic judgment against the
obligor.
9. The director or the director’s designee may file a notice
of the surcharge with the clerk of the district court in the
county in which the underlying support order is filed. Upon
filing, the clerk shall enter the amount of the surcharge on
the lien index and judgment docket.
-610- 10. Following referral of a support arrearage to a
collection entity, the surcharge shall be due and owing and
enforceable by a collection entity or the unit child support
services notwithstanding satisfaction of the support obligation
or whether the collection entity is enforcing a support
arrearage. However, the unit child support services may waive
payment of all or a portion of the surcharge if waiver will
facilitate the collection of the support arrearage.
11. All surcharge payments shall be received and disbursed
by the collection services center. The surcharge payments
received by the collection services center shall be considered
repayment receipts as defined in section 8.2 and shall be used
to pay the costs of any contracts with a collection entity.
12. a. A payment received by the collection services center
which meets all the following conditions shall be allocated as
specified in paragraph “b”:
(1) The payment is for a case in which arrearages have been
referred to a collection entity.
(2) A surcharge is assessed on the arrearages.
(3) The payment is collected under the provisions of the
contract with the collection entity.
b. A payment meeting all of the conditions in paragraph “a”
shall be allocated between support and costs and fees, and the
surcharge according to the following formula:
(1) The payment shall be divided by the sum of one hundred
percent plus the percent specified in the contract.
(2) The quotient shall be the amount allocated to the
support arrearage and other fees and costs.
(3) The difference between the dividend and the quotient
shall be the amount allocated to the surcharge.
13. Any computer or software programs developed and any
records used in relation to a contract with a collection entity
remain the property of the department.
Sec. 868. Section 252B.24, Code 2023, is amended to read as
follows:
-611- 252B.24 State case registry.
1. Beginning October 1, 1998, the unit Child support
services shall operate a state case registry to the extent
determined by applicable time frames and other provisions of
42 U.S.C. §654a(e) and this section. The unit Child support
services and the judicial branch shall enter into a cooperative
agreement for the establishment and operation of the registry
by the unit child support services. The state case registry
shall include records with respect to all of the following:
a. Unless prohibited by federal law, each case for which
services are provided under this chapter.
b. Each order for support, as defined in section 252D.16 or
598.1, which meets at least one of the following criteria:
(1) The support order is established or modified in this
state on or after October 1, 1998.
(2) The income of the obligor is subject to income
withholding under chapter 252D, including any support order for
which the district court enters an ex parte order under chapter
252D on or after October 1, 1998.
2. The clerk of the district court shall provide the
unit child support services with any information, orders,
or documents requested by the unit child support services
to establish or operate the state case registry, which are
specified in the agreement described in subsection 1, within
the time frames specified in that agreement. The agreement
shall include but is not limited to provisions to provide for
all of the following:
a. Provision to the unit child support services of
information, orders, and documents necessary for the unit child
support services to meet requirements described in 42 U.S.C.
§654a(e) and this section.
b. Provision to the unit child support services of
information filed with the clerk of the district court by a
party under section 598.22B, and the social security number
of a child filed with the clerk of the district court under
-612-section 602.6111.
c. Use of automation, as appropriate, to meet the
requirements described in 42 U.S.C. §654a(e) and this section.
3. The records of the state case registry are confidential
records pursuant to chapter 22 and may only be disclosed or
used as provided in section 252B.9.
Sec. 869. Section 252B.25, Code 2023, is amended to read as
follows:
252B.25 Contempt — combining actions.
Notwithstanding any provision of law to the contrary, if
an obligor has been ordered to provide support in more than
one order, the unit child support services may bring a single
action for contempt to enforce the multiple orders. However,
if the obligor objects to the consolidation of the actions
regarding multiple orders into a single action for contempt,
and the court determines that severance of the single action
into multiple actions is in the interest of justice, the
unit child support services shall bring multiple actions for
contempt to enforce the multiple orders. If the single action
is brought and the obligor does not object, the unit child
support services shall file the action in the district court of
a county where the obligor resides, or if the obligor does not
reside in the state, in the district court of the county where
at least one of the support orders was entered or registered.
For the purposes of this section, the district court where
the unit child support services files the action shall have
jurisdiction and authority over all other support orders for
the obligor entered or registered by a court of this state and
affected under this section. In such case, the unit child
support services shall also file a document with the clerk of
court in each county affected specifying the county where the
action under this section was filed and the disposition of the
action.
Sec. 870. Section 252B.26, Code 2023, is amended to read as
follows:
-613- 252B.26 Service of process.
Notwithstanding any provision of law to the contrary, the
unit child support services may serve a petition, notice, or
rule to show cause under this chapter or chapter 252A, 252C,
252F, 252H, 252K, 598, or 665 as specified in each chapter, or
as follows:
1. The unit Child support services may serve a petition,
notice, or rule to show cause by certified mail. Return
acknowledgment is required to prove service by certified mail,
rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
and the return acknowledgment shall be filed with the clerk of
court.
2. The unit Child support services may serve a notice
of intent under chapter 252H, or a notice of decision under
section 252H.14A, upon any party or parent who is receiving
family investment program assistance for the parent or child by
sending the notice by regular mail to the address maintained by
the department. Rules of civil procedure 1.303(5) and 1.308(5)
shall not apply and the unit child support services shall file
proof of service as provided in chapter 252H. If the notice is
determined to be undeliverable, the unit child support services
shall serve the notice as otherwise provided in this section
or by personal service.
Sec. 871. Section 252B.27, Code 2023, is amended to read as
follows:
252B.27 Use of funding for additional positions.
1. The director, within the limitations of the amount
appropriated for the unit child support services, or moneys
transferred for this purpose from the family investment program
account created in section 239B.11, may establish new positions
and add employees to the unit child support services if the
director determines that both the current and additional
employees together can reasonably be expected to maintain or
increase net state revenue at or beyond the budgeted level for
the fiscal year.
-614- 2. a. The director may establish new positions and add
state employees to the unit child support services or contract
for delivery of services if the director determines the
employees are necessary to replace county-funded positions
eliminated due to termination, reduction, or nonrenewal of
a chapter 28E contract. However, the director must also
determine that the resulting increase in the state share of
child support recovery services incentives exceeds the cost
of the positions or contract, the positions or contract are
necessary to ensure continued federal funding of the unit
child support services, or the new positions or contract can
reasonably be expected to recover at least twice the amount of
money necessary to pay the salaries and support for the new
positions or the contract will generate at least two hundred
percent of the cost of the contract.
b. Employees in full-time positions that transition
from county government to state government employment under
this subsection are exempt from testing, selection, and
appointment provisions of chapter 8A, subchapter IV, and from
the provisions of collective bargaining agreements relating to
the filling of vacant positions.
Sec. 872. Section 252C.1, Code 2023, is amended to read as
follows:
252C.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the child
support recovery unit of the department of human services, or
the administrator’s designee.
2. 1. “Caretaker” means a parent, relative, guardian,
or another person who is responsible for paying foster care
costs pursuant to chapter 234 or whose needs are included in an
assistance payment made pursuant to chapter 239B.
2. “Child support services” means child support services
created in section 252B.2.
-615- 3. “Court order” means a judgment or order requiring the
payment of a set or determinable amount of monetary support.
For orders entered on or after July 1, 1990, unless the court
specifically orders otherwise, medical support, as defined
in section 252E.1, is not included in the amount of monetary
support.
4. “Department” means the department of health and human
services.
5. “Dependent child” means a person who meets the
eligibility criteria established in chapter 234 or 239B and
whose support is required by chapter 234, 239B, 252A, 252F,
598, or 600B.
6. “Director” means the director of health and human
services.
6. 7. “Medical support” means medical support as defined
in section 252E.1.
7. 8. “Public assistance” means foster care costs paid by
the department pursuant to chapter 234 or assistance provided
pursuant to chapter 239B.
8. 9. “Responsible person” means a parent, relative,
guardian, or another person legally liable for the support of a
child or a child’s caretaker.
Sec. 873. Section 252C.2, Code 2023, is amended to read as
follows:
252C.2 Assignment — creation of support debt — subrogation.
1. If public assistance is provided by the department
to or on behalf of a dependent child or a dependent child’s
caretaker, there is an assignment by operation of law to the
department of any and all right in, title to, and interest in
any support obligation, payment, and arrearages owed to or for
the child or caretaker up to the amount of public assistance
paid for or on behalf of the child or caretaker. Unless
otherwise specified in the order, an equal and proportionate
share of any child support awarded is presumed to be payable
on behalf of each child subject to the order or judgment for
-616-purposes of an assignment under this section. For family
investment program assistance, section 239B.6 shall apply.
2. The payment of public assistance to or for the benefit of
a dependent child or a dependent child’s caretaker creates a
support debt due and owing to the department by the responsible
person in an amount equal to the public assistance payment,
except that the support debt is limited to the amount of
a support obligation established by court order or by the
administrator department. The administrator department may
establish a support debt as to amounts accrued and accruing
pursuant to section 598.21B. However, when establishing a
support obligation against a responsible person, no debt shall
be created for the period during which the responsible person
is a recipient on the person’s own behalf of public assistance
for the benefit of the dependent child or the dependent child’s
caretaker, if any of the following conditions exist:
a. The parents have reconciled and are cohabiting, and the
child for whom support would otherwise be sought is living in
the same residence as the parents.
b. The child is living with the parent from whom support
would otherwise be sought.
3. The provision of child support collection or paternity
determination services under chapter 252B to an individual,
even though the individual is ineligible for public assistance,
creates a support debt due and owing to the individual or the
individual’s child or ward by the responsible person in the
amount of a support obligation established by court order or
by the administrator department. The administrator department
may establish a support debt in favor of the individual or the
individual’s child or ward and against the responsible person,
both as to amounts accrued and accruing, pursuant to section
598.21B.
4. The payment of medical assistance pursuant to chapter
249A for the benefit of a dependent child or a dependent
child’s caretaker creates a support debt due and owing to the
-617-department. The administrator department may establish an
order for medical support.
5. The department is subrogated to the rights of a dependent
child or a dependent child’s caretaker to bring a court action
or to execute an administrative remedy for the collection
of support. The administrator department may petition an
appropriate court for modification of a court order on the same
grounds as a party to the court order can petition the court
for modification.
Sec. 874. Section 252C.3, Code 2023, is amended to read as
follows:
252C.3 Notice of support debt — failure to respond —
hearing — order.
1. The administrator department may issue a notice stating
the intent to secure an order for either medical support as
provided in chapter 252E or payment of an accrued or accruing
support debt due and owed to the department or an individual
under section 252C.2, or both. The notice shall be served upon
the responsible person in accordance with the rules of civil
procedure. The notice shall include all of the following:
a. A statement that the support obligation will be set
pursuant to the child support guidelines established pursuant
to section 598.21B, and the criteria established pursuant to
section 252B.7A, and that the responsible person is required to
provide medical support in accordance with chapter 252E.
b. The name of a public assistance recipient and the name of
the dependent child or caretaker for whom the public assistance
is paid.
c. (1) A statement that if the responsible person desires
to discuss the amount of support that a responsible person
should be required to pay, the responsible person may, within
ten days after being served, contact the office of the child
support recovery unit which sent the notice services and
request a negotiation conference.
(2) A statement that if a negotiation conference is
-618-requested, then the responsible person shall have ten days from
the date set for the negotiation conference or thirty days from
the date of service of the original notice, whichever is later,
to send a request for a hearing to the office of the child
support recovery unit which issued the notice services.
(3) A statement that after the holding of the negotiation
conference, the administrator department may issue a new notice
and finding of financial responsibility for child support or
medical support, or both, to be sent to the responsible person
by regular mail addressed to the responsible person’s last
known address, or if applicable, to the last known address of
the responsible person’s attorney.
(4) A statement that if the administrator department issues
a new notice and finding of financial responsibility for child
support or medical support, or both, then the responsible
person shall have thirty days from the date of issuance of the
new notice to send a request for a hearing to the office of the
child support recovery unit which issued the notice services.
If the administrator department does not issue a new notice
and finding of financial responsibility for child support or
medical support, or both, the responsible party shall have ten
days from the date of issuance of the conference report to send
a request for a hearing to the office of the child support
recovery unit which issued the conference report services.
d. A statement that if the responsible person objects
to all or any part of the notice or finding of financial
responsibility for child support or medical support, or both,
and a negotiation conference is not requested, the responsible
person shall, within thirty days of the date of service send to
the office of the child support recovery unit which issued the
notice services a written response setting forth any objections
and requesting a hearing.
e. A statement that if a timely written request for a
hearing is received by the office of the child support recovery
unit which issued the notice services, the responsible person
-619-shall have the right to a hearing to be held in district
court; and that if no timely written response is received, the
administrator department may enter an order in accordance with
the notice and finding of financial responsibility for child
support or medical support, or both.
f. A statement that, as soon as the order is entered, the
property of the responsible person is subject to collection
action, including but not limited to wage withholding,
garnishment, attachment of a lien, and execution.
g. A statement that the responsible person shall notify the
administrator department of any change of address, employment,
or medical coverage as required by chapter 252E.
h. A statement that if the responsible person has any
questions, the responsible person should telephone or visit an
office of the child support recovery unit services or consult
an attorney.
i. Such other information as the administrator department
finds appropriate.
2. The time limitations for requesting a hearing in
subsection 1 may be extended by the administrator department.
3. If a timely written response setting forth objections and
requesting a hearing is received by the appropriate office of
the child support recovery unit services, a hearing shall be
held in district court.
4. If timely written response and request for hearing is
not received by the appropriate office of the child support
recovery unit services, the administrator department may enter
an order in accordance with the notice, and shall specify all
of the following:
a. The amount of monthly support to be paid, with directions
as to the manner of payment.
b. The amount of the support debt accrued and accruing in
favor of the department.
c. The name of the custodial parent or agency having custody
of the dependent child and the name and birth date of the
-620-dependent child for whom support is to be paid.
d. That the property of the responsible person is subject
to collection action, including but not limited to wage
withholding, garnishment, attachment of a lien, and execution.
e. The medical support required pursuant to chapter 598 and
rules adopted pursuant to chapter 252E.
5. The responsible person shall be sent a copy of the order
by regular mail addressed to the responsible person’s last
known address, or if applicable, to the last known address of
the responsible person’s attorney. The order is final, and
action by the administrator department to enforce and collect
upon the order, including arrearages and medical support, or
both, may be taken from the date of approval of the order by the
court pursuant to section 252C.5.
Sec. 875. Section 252C.4, Code 2023, is amended to read as
follows:
252C.4 Certification to court — hearing — default.
1. A responsible person or the child support recovery
unit services may request a hearing regarding a determination
of support. If a timely written request for a hearing is
received, the administrator department shall certify the matter
to the district court as follows:
a. If the child or children reside in Iowa, and the unit
child support services is seeking an accruing obligation, in
the county in which the dependent child or children reside.
b. If the child or children received public assistance in
Iowa, and the unit child support services is seeking only an
accrued obligation, in the county in which the dependent child
or children last received public assistance.
c. If the action is the result of a request from another
state or foreign country to establish support by a responsible
person located in Iowa, in the county in which the responsible
person resides.
2. The certification shall include true copies of the
notice and finding of financial responsibility or notice of the
-621-support debt accrued and accruing, the return of service, the
written objections and request for hearing, and true copies of
any administrative orders previously entered.
3. The court shall set the matter for hearing and notify the
parties of the time and place of hearing.
4. The court shall establish the monthly child support
payment and the amount of the support debt accrued and accruing
pursuant to section 598.21B, or medical support pursuant to
chapter 252E, or both.
5. If a party fails to appear at the hearing, upon a showing
of proper notice to that party, the court shall find that party
in default and enter an appropriate order.
6. Actions initiated by the administrator department under
this chapter are not subject to chapter 17A and resulting court
hearings following certification shall be an original hearing
before the district court.
7. If a responsible person contests an action initiated
under this chapter by denying paternity, the following shall
apply, as necessary:
a. (1) If the prior determination of paternity is based on
an affidavit of paternity filed pursuant to section 252A.3A, or
an administrative order entered pursuant to chapter 252F, or an
order by the courts of this state, or by operation of law when
the mother and established father are or were married to each
other, the provisions of section 600B.41A are applicable.
(2) If the court determines that the prior determination of
paternity should not be overcome pursuant to section 600B.41A,
and that the responsible person has a duty to provide support,
the court shall enter an order establishing the monthly child
support payment and the amount of the support debt accrued
and accruing pursuant to section 598.21B, or medical support
pursuant to chapter 252E, or both.
b. If the prior determination of paternity is based on an
administrative or court order or other means, pursuant to the
laws of another state or foreign country, an action to overcome
-622-the prior determination of paternity shall be filed in that
jurisdiction. Unless the responsible person requests and is
granted a stay of an action initiated under this chapter to
establish child or medical support, the action shall proceed as
otherwise provided by this chapter.
Sec. 876. Section 252C.5, Code 2023, is amended to read as
follows:
252C.5 Filing and docketing of financial responsibility order
— order effective as district court decree.
1. A true copy of any order entered by the administrator
department pursuant to this chapter, along with a true copy
of the return of service, if applicable, may be filed in
the office of the clerk of the district court in the manner
established pursuant to section 252C.4, subsection 1.
2. The administrator’s department’s order shall be
presented, ex parte, to the district court for review and
approval. Unless defects appear on the face of the order or on
the attachments, the district court shall approve the order.
The approved order shall have all the force, effect, and
attributes of a docketed order or decree of the district court.
3. Upon filing, the clerk shall enter the order in the
judgment docket.
4. If the responsible party appeals the order approved
by the court under this section, and the court on appeal
establishes an amount of support which is less than the amount
of support established under the approved order, the court, in
the order issued on appeal, shall reconcile the amounts due
and shall provide that any amount which represents the unpaid
difference between the amount under the approved order and the
amount under the order of the court on appeal is satisfied.
Sec. 877. Section 252C.6, Code 2023, is amended to read as
follows:
252C.6 Interest on support debts.
Interest accrues on support debts at the rate provided
in section 535.3 for court judgments. The administrator
-623- department may collect the accrued interest but is not required
to maintain interest balance accounts. The department Child
support services may waive payment of the interest if the
waiver will facilitate the collection of the support debt.
Sec. 878. Section 252C.8, Code 2023, is amended to read as
follows:
252C.8 Temporary restraining order or bond.
If the administrator department reasonably believes that the
responsible person is not a resident of this state, is about to
move from this state, or is concealing the responsible person’s
whereabouts, or that the responsible person has removed or
is about to remove, secrete, waste, or otherwise dispose of
property which could be made subject to collection procedures
to satisfy the support debt, the administrator department may
petition the district court for a temporary restraining order
barring the removal, secretion, waste, or disposal. However,
if the responsible person furnishes a bond satisfactory to the
court, the temporary restraining order shall be vacated.
Sec. 879. Section 252C.12, Code 2023, is amended to read as
follows:
252C.12 Waiver of time limitations by responsible person.
1. A responsible person may waive the time limitations
established in section 252C.3.
2. Upon receipt of a signed statement from each responsible
person waiving the time limitations established in section
252C.3, the administrator department may proceed to enter an
order for support and the court may approve the order, whether
or not the time limitations have expired.
3. If a responsible person waives the time limitations
established in section 252C.3 and an order for support is
entered under this chapter, the signed statement of the
responsible person waiving the time limitations shall be filed
with the order for support.
Sec. 880. Section 252D.1, Code 2023, is amended to read as
follows:
-624- 252D.1 Delinquent support payments.
If support payments ordered under this chapter or chapter
232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
applicable chapter, or under a comparable statute of another
state or foreign country, as certified to the child support
recovery unit established in section 252B.2 services, are not
paid to the clerk of the district court or the collection
services center pursuant to section 598.22 or, as appropriate,
a comparable government entity in another state as provided
in chapter 252K, and become delinquent in an amount equal to
the payment for one month, the child support recovery unit
services may enter an ex parte order or, upon application of a
person entitled to receive the support payments, the district
court may enter an ex parte order, notifying the person whose
income is to be withheld, of the delinquent amount, of the
amount of income to be withheld, and of the procedure to
file a motion to quash the order for income withholding, and
ordering the withholding of specified sums to be deducted
from the delinquent person’s income as defined in section
252D.16 sufficient to pay the support obligation and, except as
provided in section 598.22, requiring the payment of such sums
to the clerk of the district court or the collection services
center or, as appropriate, a comparable government entity
in another state as provided in chapter 252K. All income
withholding payments shall be paid to the collection services
center or, as appropriate, a comparable government entity in
another state as provided in chapter 252K. Notification of
income withholding shall be provided to the obligor and to the
payor of income pursuant to section 252D.17.
Sec. 881. Section 252D.8, Code 2023, is amended to read as
follows:
252D.8 Persons subject to immediate income withholding.
1. In a support order issued or modified on or after
November 1, 1990, for which services are being provided by the
child support recovery unit services, and in any support orders
-625-issued or modified after January 1, 1994, for which services
are not provided by the child support recovery unit services,
the income of a support obligor is subject to withholding, on
the effective date of the order, regardless of whether support
payments by the obligor are in arrears. If services are being
provided pursuant to chapter 252B, the child support recovery
unit services may enter an ex parte order for an immediate
withholding of income. The district court may enter an ex
parte order for immediate income withholding for cases in which
the child support recovery unit services is not providing
services. The income of the obligor is subject to immediate
withholding unless one of the following occurs:
a. One of the parties demonstrates and the court or child
support recovery unit services finds there is good cause not to
require immediate withholding. A finding of good cause shall
be based on, at a minimum, written findings and conclusions by
the court or administrative authority as to why implementing
immediate withholding would not be in the best interests of the
child. In cases involving modifications, the findings shall
also include proof of timely payment of previously ordered
support.
b. A written agreement is reached between both parties
which provides for an alternative arrangement. If the support
payments have been assigned to the department of human services
pursuant to chapter 234 or 239B, or a comparable statute of
another jurisdiction, the department shall be considered a
party to the support order, and a written agreement pursuant
to this section to waive immediate withholding is void unless
approved by the child support recovery unit services. Any
agreement existing at the time an assignment of support is made
pursuant to chapter 234 or 239B or pursuant to a comparable
statute of another jurisdiction shall not prevent the child
support recovery unit services from implementing immediate
withholding.
2. For an order not requiring immediate withholding, income
-626-of an obligor is subject to immediate withholding, without
regard to whether there is an arrearage, on the earliest of the
following:
a. The date the obligor requests that the withholding begin.
b. The date the custodial parent or party to the proceeding
requests that the withholding begin, if the request is approved
by the district court or, in cases in which services are
being provided pursuant to chapter 252B, if the child support
recovery unit services approves the request.
Sec. 882. Section 252D.16, Code 2023, is amended to read as
follows:
252D.16 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Child support services” means the same as child
supported services created in section 252B.2.
2. “Department” means the department of health and human
services.
1. 3. “Income” means all of the following:
a. Any periodic form of payment due an individual,
regardless of source, including but not limited to wages,
salaries, commissions, bonuses, workers’ compensation,
disability payments, payments pursuant to a pension or
retirement program, and interest.
b. A sole payment or lump sum as provided in section
252D.18C, including but not limited to payment from an estate
including inheritance, or payment for personal injury or
property damage.
c. Irregular income as defined in section 252D.18B.
2. 4. “Payor of income” or “payor” means and includes, but
is not limited to, an obligor’s employer, trustee, the state
of Iowa and all governmental subdivisions and agencies and any
other person from whom an obligor receives income.
3. 5. “Support” or “support payments” means any amount
which the court or administrative agency may require a person
-627-to pay for the benefit of a child under a temporary order or a
final judgment or decree entered under chapter 232, 234, 252A,
252C, 252F, 252H, 598, 600B, or any other comparable chapter,
and may include child support, maintenance, medical support as
defined in chapter 252E, spousal support, and any other term
used to describe these obligations. These obligations may
include support for a child of any age who is dependent on the
parties to the dissolution proceedings because of physical or
mental disability. The obligations may include support for
a child eighteen or more years of age with respect to whom a
child support order has been issued pursuant to the laws of
another state or foreign country. These obligations shall
not include amounts for a postsecondary education subsidy as
defined in section 598.1.
Sec. 883. Section 252D.16A, Code 2023, is amended to read
as follows:
252D.16A Income withholding order — child support recovery
unit services.
If support payments are ordered under this chapter, chapter
232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
applicable chapter, or under a comparable statute of another
state or foreign country, and if income withholding relative
to such support payments is allowed under this chapter, the
child support recovery unit services may enter an ex parte
order notifying the person whose income is to be withheld
of the procedure to file a motion to quash the order for
income withholding, and ordering the withholding of sums to
be deducted from the delinquent person’s income as defined in
section 252D.16 sufficient to pay the support obligation and
requiring the payment of such sums to the collection services
center or, as appropriate, a comparable government entity in
another state as provided in chapter 252K. The child Child
support recovery unit services shall include the amount of
any delinquency and the amount to be withheld in the notice
provided to the obligor pursuant to section 252D.17A. Notice
-628-of income withholding shall be provided to the obligor and to
the payor of income pursuant to sections 252D.17 and 252D.17A.
Sec. 884. Section 252D.17, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The district court shall provide notice by sending a copy
of the order for income withholding or a notice of the order
for income withholding to the obligor and the obligor’s payor
of income by regular mail, with proof of service completed
according to rule of civil procedure 1.442. The child Child
support recovery unit services shall provide notice of the
income withholding order by sending a notice of the order to
the obligor’s payor of income by regular mail or by electronic
means. Proof of service may be completed according to rule
of civil procedure 1.442. The child Child support recovery
unit’s services’ notice of the order may be sent to the payor
of income on the same date that the order is sent to the clerk
of court for filing. In all other instances, the income
withholding order shall be filed with the clerk of court prior
to sending the notice of the order to the payor of income. In
addition to the amount to be withheld for payment of support,
the order or the notice of the order shall be in a standard
format as prescribed by the unit child support services and
shall include all of the following information regarding the
duties of the payor in implementing the withholding order:
Sec. 885. Section 252D.17, subsection 1, paragraphs g and i,
Code 2023, are amended to read as follows:
g. The withholding is binding on the payor until further
notice by the court or the child support recovery unit
services.
i. The payor shall promptly notify the court or the child
support recovery unit services when the obligor’s employment or
other income terminates, and provide the obligor’s last known
address and the name and address of the obligor’s new employer,
if known.
Sec. 886. Section 252D.17A, Code 2023, is amended to read
-629-as follows:
252D.17A Notice to obligor of implementation of income
withholding order.
The child Child support recovery unit services or the
district court shall send a notice of the income withholding
order to the obligor at the time the notice is sent to the payor
of income.
Sec. 887. Section 252D.18, Code 2023, is amended to read as
follows:
252D.18 Modification or termination of withholding.
1. The court or the child support recovery unit services
may, by ex parte order, modify a previously entered income
withholding order if the court or the unit child support
services determines any of the following:
a. There has been a change in the amount of the current
support obligation.
b. The amount required to be withheld under the income
withholding order is in error.
c. Any past due support debt has been paid in full. Should
a delinquency later accrue, the withholding order may be
modified to secure payment toward the delinquency.
d. There has been a change in the rules adopted by the
department pursuant to chapter 17A regarding the amount of
income to be withheld to pay a delinquency.
2. The child Child support recovery unit services may modify
an amount specified in an income withholding order or notice of
income withholding by providing notice to the payor of income
and the obligor pursuant to sections 252D.17 and 252D.17A.
3. The court or the child support recovery unit services
may, by ex parte order, terminate an income withholding order
when the current support obligation has terminated and when
the delinquent support obligation has been fully satisfied
as applicable to all of the children covered by the income
withholding order. The unit Child support services may, by
ex parte order, terminate an income withholding order when
-630-the unit child support services will no longer be providing
services under chapter 252B, or when another state or foreign
country will be providing services under Tit.IV-D of the
federal Social Security Act or a comparable law in a foreign
country.
4. In no case shall payment of overdue support be the sole
basis for termination of withholding.
Sec. 888. Section 252D.18A, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. The total of all amounts withheld shall not exceed the
amounts specified in 15 U.S.C. §1673(b). For orders or notices
issued by the child support recovery unit services, the limit
for the amount to be withheld shall be specified in the order
or notice.
4. The payor shall identify and report payments by the
obligor’s name, account number, amount, and date withheld
pursuant to section 252D.17. If payments for multiple obligees
are combined, the portion of the payment attributable to each
obligee shall be specifically identified only if the payor is
directed to do so by the child support recovery unit services.
Sec. 889. Section 252D.18B, Code 2023, is amended to read
as follows:
252D.18B Irregular income.
When payment of income is irregular, and an order for
immediate or mandatory income withholding has been entered by
the child support recovery unit services or the district court,
the income payor shall withhold income equal to the total that
would have been withheld had there been regular monthly income.
The amounts withheld shall not exceed the amounts specified
in 15 U.S.C. §1673(b). For the purposes of this section, an
income source is irregular when there are periods in excess of
one month during which the income payor makes no payment to the
obligor and the periods are not the result of termination or
suspension of employment.
Sec. 890. Section 252D.18C, Code 2023, is amended to read
-631-as follows:
252D.18C Withholding from lump sum payments.
The child Child support recovery unit services or the
district court may enter an ex parte order for income
withholding when the obligor is paid by a lump sum income
source. When a sole payment is made or payment occurs at
two-month or greater intervals, the withholding order may
include all current and delinquent support due through the
current month, but shall not exceed the amounts specified in
15 U.S.C. §1673(b).
Sec. 891. Section 252D.19A, subsection 2, Code 2023, is
amended to read as follows:
2. If the unit child support services takes an enforcement
action during a calendar year against an obligor and the
obligor is not delinquent or in arrears solely due to the
applicability of this section to the obligor, upon discovering
the circumstances, the unit child support services shall
promptly discontinue the enforcement action.
Sec. 892. Section 252D.20, Code 2023, is amended to read as
follows:
252D.20 Administration of income withholding procedures.
The child Child support recovery unit services is designated
as the entity of the state to administer income withholding in
accordance with the procedures specified for keeping adequate
records to document, track, and monitor support payments on
cases subject to Tit.IV-D of the federal Social Security
Act. The collection services center is designated as the
entity for administering income withholding for cases which are
not subject to Tit.IV-D. The collection services center’s
responsibilities for administering income withholding in cases
not subject to Tit.IV-D are limited to the receipt, recording,
and disbursement of income withholding payments and to
responding to requests for information on the current status of
support payments pursuant to section 252B.13A. Notwithstanding
section 622.53, in cases where the court or the child support
-632-recovery unit services is enforcing an order of another state
or foreign country through income withholding, a certified copy
of the underlying judgment is sufficient proof of authenticity.
Sec. 893. Section 252D.22, Code 2023, is amended to read as
follows:
252D.22 Rules.
The department shall adopt the administrative rules
necessary to implement the provisions of this chapter as they
pertain to the operations of the child support recovery unit
services.
Sec. 894. Section 252D.23, Code 2023, is amended to read as
follows:
252D.23 Filing of withholding order — order effective as
district court order.
An income withholding order entered by the child support
recovery unit services pursuant to this chapter shall be
filed with the clerk of the district court. In lieu of any
signature on the order which may otherwise be required by law
or rule, the order shall have affixed the name and address
of the appropriate child support office services. For the
purposes of demonstrating compliance by the payor of income,
the copy of the withholding order or the notice of the order
received, whether or not the copy of the order is file-stamped,
shall have all the force, effect, and attributes of a docketed
order of the district court including, but not limited to,
availability of contempt of court proceedings against a
payor of income for noncompliance. However, any information
contained in the income withholding order or the notice of the
order related to the amount of the accruing or accrued support
obligation which does not reflect the correct amount of support
due does not modify the underlying support judgment.
Sec. 895. Section 252E.1, Code 2023, is amended to read as
follows:
252E.1 Definitions.
As used in this chapter, unless the context otherwise
-633-requires:
1. “Accessible” means any of the following, unless otherwise
provided in the support order:
a. The health benefit plan does not have service area
limitations or provides an option not subject to service area
limitations.
b. The health benefit plan has service area limitations and
the dependent lives within thirty miles or thirty minutes of a
network primary care provider.
2. “Basic coverage” means health care coverage that at a
minimum provides coverage for emergency care, inpatient and
outpatient hospital care, physician services whether provided
within or outside a hospital setting, and laboratory and x-ray
services.
3. “Cash medical support” means a monetary amount that
a parent is ordered to pay to the obligee in lieu of that
parent providing health care coverage, which amount is five
percent of the gross income of the parent ordered to pay the
monetary amount or, if the child support guidelines established
pursuant to section 598.21B specifically provide an alternative
income-based numeric standard for determining the amount,
the amount determined by the standard specified by the child
support guidelines. “Cash medical support” is an obligation
separate from any monetary amount a parent is ordered to pay
for uncovered medical expenses pursuant to the guidelines
established pursuant to section 598.21B.
4. “Child” means a person for whom child or medical support
may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
252H, 252K, 598, 600B, or any other chapter of the Code or
pursuant to a comparable statute of another state or foreign
country.
5. “Child support services” means child support services
created in section 252B.1.
5. 6. “Department” means the department of health and
human services, which includes but is not limited to the child
-634-support recovery unit services, or any comparable support
enforcement agency of another state.
6. 7. “Dependent” means a child, or an obligee for whom
a court may order health care coverage pursuant to section
252E.3.
7. 8. “Enroll” means to be eligible for and covered by a
health benefit plan.
8. 9. “Health benefit plan” means any policy or contract
of insurance, indemnity, subscription, or membership issued
by an insurer, health service corporation, health maintenance
organization, or any similar corporation or organization, any
public coverage, or any self-insured employee benefit plan,
for the purpose of covering medical expenses. These expenses
may include but are not limited to hospital, surgical, major
medical insurance, dental, optical, prescription drugs, office
visits, or any combination of these or any other comparable
health care expenses.
9. 10. “Health care coverage” or “coverage” means providing
and paying for the medical needs of a dependent through a
health benefit plan.
10. 11. “Insurer” means any entity, including a health
service corporation, health maintenance organization, or any
similar corporation or organization, or an employer offering
self-insurance, that provides a health benefit plan, but does
not include an entity that provides public coverage.
11. 12. “Medical support” means either the provision of
health care coverage or the payment of cash medical support.
“Medical support” is not alimony.
12. 13. “National medical support notice” means a notice
as prescribed under 42 U.S.C. §666(a)(19) or a substantially
similar notice, that is issued and forwarded by the department
in accordance with section 252E.4 to enforce the health care
coverage provisions of a support order. The national medical
support notice is not applicable to a provider of public
coverage.
-635- 13. 14. “Obligee” means a parent or another natural person
legally entitled to receive a support payment on behalf of a
child.
14. 15. “Obligor” means a parent or another natural person
legally responsible for the support of a dependent.
15. 16. “Order” means a support order entered pursuant to
chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
other support chapter, or pursuant to a comparable statute of
another state or foreign country, or an ex parte order entered
pursuant to section 252E.4. “Order” also includes a notice of
such an order issued by the department.
16. 17. “Plan administrator” means the employer or sponsor
that offers the health benefit plan or the person to whom the
duty of plan administrator is delegated by the employer or
sponsor offering the health benefit plan, by written agreement
of the parties. “Plan administrator” does not include a
provider of public coverage.
17. 18. “Primary care provider” means a physician who
provides primary care who is a family or general practitioner,
a pediatrician, an internist, an obstetrician, or a
gynecologist; an advanced registered nurse practitioner; or a
physician assistant.
18. 19. “Public coverage” means health care benefits
provided by any form of federal or state medical assistance,
including but not limited to benefits provided under chapter
249A or 514I, or under comparable laws of another state,
foreign country, or Indian nation or tribe.
19. “Unit” or “child support recovery unit” means unit as
defined in section 252B.1.
Sec. 896. Section 252E.1A, subsection 1, Code 2023, is
amended to read as follows:
1. This section shall apply to all initial or modified
orders for support entered under chapter 234, 252A, 252C, 252F,
252H, 598, 600B, or any other applicable chapter. If an action
to establish or modify an order for support is initiated by the
-636- child support recovery unit services, section 252E.1B shall
also apply.
Sec. 897. Section 252E.1B, Code 2023, is amended to read as
follows:
252E.1B Establishing and modifying orders for medical support
— actions initiated by child support recovery unit services.
1. If the child support recovery unit services is initiating
an action to establish or modify support, this section shall
apply in addition to the provisions of section 252E.1A.
2. The unit Child support services shall apply the following
order of priority when the unit child support services enters
or seeks an order for medical support:
a. If the custodial parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and the plan is available as described in section
252E.1A, subsection 3, the unit child support services shall
enter or seek an order for the custodial parent to provide
coverage.
b. If the noncustodial parent is currently providing
coverage for the child under a health benefit plan other than
public coverage, and the plan is available as described in
section 252E.1A, subsection 3, the unit child support services
shall enter or seek an order for the noncustodial parent to
provide coverage.
c. If a health benefit plan other than public coverage is
available as described in section 252E.1A, subsection 3, to the
custodial parent, the unit child support services shall enter
or seek an order for the custodial parent to provide coverage.
d. If a health benefit plan other than public coverage is
available as described in section 252E.1A, subsection 3, to
the noncustodial parent, the unit child support services shall
enter or seek an order for the noncustodial parent to provide
coverage.
e. If a health benefit plan other than public coverage
is not available to either parent, and the custodial parent
-637-has public coverage for the child, the unit child support
services shall enter or seek an order for the custodial parent
to provide health care coverage and shall enter or seek an
order for the noncustodial parent to pay cash medical support.
However, if any of the circumstances described in section
252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
unit child support services shall enter or seek an order as
specified by the applicable paragraph.
3. Notwithstanding subsection 2, if there is an order for
joint physical care for the child and the parties subject to
the support order, the unit child support services shall apply
the following order of priority when the unit child support
services enters or seeks an order for medical support:
a. If only one parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and the plan is available as described in section
252E.1A, subsection 3, the unit child support services shall
enter or seek an order for that parent to provide coverage.
b. If both parents are currently providing coverage for the
child under a health benefit plan other than public coverage,
and both plans are available as described in section 252E.1A,
subsection 3, the unit child support services shall enter or
seek an order for both parents to provide coverage.
c. If neither parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and a health benefit plan other than public coverage
is available as described in section 252E.1A, subsection 3, to
one parent, the unit child support services shall enter or seek
an order for that parent to provide coverage.
d. If neither parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and a health benefit plan other than public coverage
is available as described in section 252E.1A, subsection 3, to
both parents, the unit child support services shall enter or
seek an order for both parents to provide coverage.
-638- e. If a health benefit plan other than public coverage
is not available to either parent and one parent has public
coverage for the child, the unit child support services shall
enter or seek an order for that parent to provide health care
coverage.
4. The child Child support recovery unit services or the
court shall not order any modification to an existing medical
support order in a proceeding conducted solely pursuant to
chapter 252H, subchapter IV.
Sec. 898. Section 252E.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The name and the last known mailing address of the
participant and the name and mailing address of each child
covered by the order except that, to the extent provided in
the order, the name and mailing address of an official of the
department may be substituted for the mailing address of the
child.
Sec. 899. Section 252E.2A, Code 2023, is amended to read as
follows:
252E.2A Satisfaction of medical support order.
This section shall apply if the child support recovery unit
services is providing services under chapter 252B.
1. Notwithstanding any law to the contrary and without
a court order, a medical support order for a child shall be
deemed satisfied with regard to the department, the child, the
obligor, and the obligee for the period during which all of the
following conditions are met:
a. The order is issued under any applicable chapter of the
Code.
b. The unit Child support services is notified that the
conditions of paragraph “c” are met and the parent ordered to
provide medical support submits a written statement to the unit
child support services that the requirements of paragraph “c”
are met.
c. The parent ordered to provide medical support meets at
-639-least one of the following conditions:
(1) The parent is an inmate of an institution under the
control of the department of corrections or a comparable
institution in another state.
(2) The parent’s monthly child support obligation under
the guidelines established pursuant to section 598.21B is the
minimum obligation amount.
(3) The parent is a recipient of assistance under chapter
239B or 249A, or under comparable laws of another state.
(4) The parent is residing with any child for whom the
parent is legally responsible and that child is a recipient
of assistance under chapter 239B, 249A, or 514I, or under
comparable laws of another state. For purposes of this
subparagraph, “legally responsible” means the parent has a legal
obligation to the child as specified in Iowa court rule 9.7 of
the child support guidelines.
d. The unit Child support services files a notice of
satisfaction with the clerk of the district court. The
effective date of the satisfaction shall be stated in the
notice and the effective date shall be no later than forty-five
days after the unit child support services issues the notice of
satisfaction.
2. If a medical support order is satisfied under subsection
1, the satisfaction shall continue until all of the following
apply:
a. The unit Child support services is notified that none of
the conditions specified in subsection 1, paragraph “c”, still
applies.
b. The unit Child support services files a satisfaction
termination notice that the requirements for a satisfaction
under this section no longer apply. The effective date shall
be stated in the satisfaction termination notice and the
effective date shall be no later than forty-five days after the
unit child support services issues the satisfaction termination
notice.
-640- 3. The unit Child support services shall mail a copy of the
notice of satisfaction and the satisfaction termination notice
to the last known address of the obligor and obligee.
4. The department of human services may match data for
enrollees of the hawk-i Hawki program created pursuant to
chapter 514I with data of the unit child support services to
assist the unit child support services in implementing this
section.
5. An order, decree, or judgment entered or pending on or
before July 1, 2009, that provides for the support of a child
may be satisfied as provided in this section.
Sec. 900. Section 252E.4, subsection 1, Code 2023, is
amended to read as follows:
1. When a support order requires an obligor to provide
coverage under a health benefit plan other than public
coverage, the district court or the department may enter an
ex parte order directing an employer to take all actions
necessary to enroll an obligor’s dependent for coverage under
a health benefit plan or may include the provisions in an ex
parte income withholding order or notice of income withholding
pursuant to chapter 252D. The child Child support recovery
unit services, where appropriate, shall issue a national
medical support notice to an employer within two business days
after the date information regarding a newly hired employee is
entered into the centralized employee registry and matched with
a noncustodial parent in the case being enforced by the unit
child support services, or upon receipt of other employment
information for such parent. The department may amend the
information in the ex parte order or may amend or terminate
the national medical support notice regarding health insurance
provisions if necessary to comply with health insurance
requirements including but not limited to the provisions of
section 252E.2, subsection 2, or to correct a mistake of fact.
Sec. 901. Section 252E.5, subsection 8, paragraph g,
subparagraph (3), Code 2023, is amended to read as follows:
-641- (3) If the obligor is not enrolled in a health benefit
plan or is not enrolled in a health benefit plan that offers
dependent coverage, if more than one plan with dependent
coverage is offered by the employer, and if the notice is
issued by the child support recovery unit services, all of the
following shall apply:
(a) If only one of the plans is accessible to the dependent,
that plan shall be selected. If none of the plans with
dependent coverage is accessible to the dependent, the unit
child support services shall amend or terminate the notice.
(b) If more than one of the plans is accessible to the
dependent, the plan selected shall be the plan that provides
basic coverage for which the employee’s share of the premium
is lowest.
(c) If more than one of the plans is accessible to the
dependent but none of the accessible plans provides basic
coverage, the plan selected shall be a plan that is accessible
and for which the employee’s share of the premium is lowest.
(d) If the employee’s share of the premiums is the same
under all plans described in subparagraph (b) or (c), the
unit child support services shall attempt to consult with the
obligee when selecting the plan. If the obligee does not
respond within ten days of the unit’s child support services’
attempt, the unit child support services shall select a plan
which shall be the plan’s default option, if any, or the plan
with the lowest deductibles and copayment requirements.
Sec. 902. Section 252E.5, subsection 8, paragraph h,
subparagraph (2), Code 2023, is amended to read as follows:
(2) If the dependent is or is to be enrolled, notify the
obligor, the obligee, and the child and furnish the obligee
with necessary information. Provide the child support recovery
unit services with the type of health benefit plan under which
the dependent has been enrolled, including whether dental,
optical, office visits, and prescription drugs are covered
services.
-642- Sec. 903. Section 252E.6A, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An obligor may move to quash the order to the employer
under section 252E.4 by following the same procedures and
alleging a mistake of a fact as provided in section 252D.31
or as provided in subsection 2. If the unit child support
services is enforcing an income withholding order and a medical
support order simultaneously, any challenge to the income
withholding order and medical support enforcement shall be
filed and heard simultaneously.
3. The employer shall comply with the requirements of this
chapter until the employer receives notice that a motion to
quash has been granted, or that the unit child support services
has amended or terminated the national medical support notice.
Sec. 904. Section 252F.1, Code 2023, is amended to read as
follows:
252F.1 Definitions.
As used in this chapter unless the context otherwise
requires:
1. “Administrator” means the administrator of the child
support recovery unit of the department of human services or
the administrator’s designee.
2. 1. “Child” means a person who is less than age eighteen
or a person who is age eighteen but less than age nineteen
and is engaged full-time in completing high school graduation
or equivalency requirements in a manner which is reasonably
expected to result in completion of the requirements prior to
the person reaching age nineteen.
2. “Child support services” means the same as child support
services created in section 252B.2.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
3. 5. “Mother” means a mother of the child for whom
-643-paternity is being established.
4. 6. “Party” means a putative father or a mother, as named
in an action.
5. 7. “Paternity is at issue” means any of the following
conditions:
a. A child was not born or conceived within marriage.
b. A child was born or conceived within marriage but a court
has declared that the child is not the issue of the marriage.
6. 8. “Paternity test” means and includes any form of
blood, tissue, or genetic testing administered to determine the
biological father of a child.
7. 9. “Putative father” means a person alleged to be the
biological father of a child.
8. “Unit” means the child support recovery unit created in
section 252B.2.
Sec. 905. Section 252F.2, Code 2023, is amended to read as
follows:
252F.2 Jurisdiction.
1. In any case in which the unit child support services
is providing services pursuant to chapter 252B and paternity
is at issue, proceedings may be initiated by the unit child
support services pursuant to this chapter for the sole purpose
of establishing paternity and any accrued or accruing child
support or medical support obligations. Proceedings under
this chapter are in addition to other means of establishing
paternity or support. Issues in addition to establishment of
paternity or support obligations shall not be addressed in
proceedings initiated under this chapter.
2. An action to establish paternity and support under this
chapter may be brought within the time limitations set forth
in section 614.8.
Sec. 906. Section 252F.3, Code 2023, is amended to read as
follows:
252F.3 Notice of alleged paternity and support debt —
conference — request for hearing.
-644- 1. The unit Child support services may prepare a notice
of alleged paternity and support debt to be served on a
party if the mother of the child or a government official
with knowledge of the circumstances of possible paternity
relying on government records provides a written statement
to the department of human services certifying in accordance
with section 622.1 that the putative father is or may be the
biological father of the child or children involved. The
notice shall be accompanied by a copy of the statement and
served on the putative father in accordance with rule of civil
procedure 1.305. Service upon the mother shall not constitute
valid service upon the putative father. The notice shall
include or be accompanied by all of the following:
a. The name of the recipient of services under chapter 252B
and the name and birth date of the child or children involved.
b. A statement that the putative father has been named as
the biological father of the child or children named.
c. A statement that if paternity is established, the
amount of the putative father’s monthly support obligation
and the amount of the support debt accrued and accruing will
be established in accordance with the guidelines established
in section 598.21B, and the criteria established pursuant to
section 252B.7A.
d. A statement that if paternity is established, a party has
a duty to provide accrued and accruing medical support to the
child or children in accordance with chapter 252E.
e. A written explanation of the procedures for determining
the child support obligation and a request for financial or
income information as necessary for application of the child
support guidelines established pursuant to section 598.21B.
f. (1) The right of a party to request a conference
with the unit child support services to discuss paternity
establishment and the amount of support that a party may be
required to provide, within ten days of the date of service of
the original notice or, if paternity is contested and paternity
-645-testing is conducted, within ten days of the date the paternity
test results are issued or mailed to a party by the unit child
support services.
(2) A statement that if a conference is requested, a party
shall have one of the following time frames, whichever is the
latest, to send a written request for a court hearing on the
issue of support to the unit child support services:
(a) Ten days from the date set for the conference.
(b) Twenty days from the date of service of the original
notice.
(c) If paternity was contested and paternity testing
was conducted, and a party does not deny paternity after the
testing or challenge the paternity test results, twenty days
from the date paternity test results are issued or mailed by
the unit child support services to the party.
(3) A statement that after the holding of the conference,
the unit child support services shall issue a new notice of
alleged paternity and finding of financial responsibility for
child support or medical support, or both, to be provided in
person to each party or sent to each party by regular mail
addressed to the party’s last known address or, if applicable,
to the last known address of the party’s attorney.
(4) A statement that if the unit child support services
issues a new notice of alleged paternity and finding of
financial responsibility for child support or medical support,
or both, a party shall have one of the following time frames,
whichever is the latest, to send a written request for a court
hearing on the issue of support to the unit child support
services:
(a) Ten days from the date of issuance of the new notice.
(b) Twenty days from the date of service of the original
notice.
(c) If paternity was contested and paternity testing
conducted, and a party does not deny paternity after the
testing or challenge the paternity test results, twenty days
-646-from the date the paternity test results are issued or mailed
to the party by the unit child support services.
g. A statement that if a conference is not requested, and
a party does not deny paternity or challenge the results of
any paternity testing conducted but objects to the finding
of financial responsibility or the amount of child support
or medical support, or both, the party shall send a written
request for a court hearing on the issue of support to the
unit child support services within twenty days of the date of
service of the original notice, or, if paternity was contested
and paternity testing conducted, and a party does not deny
paternity after the testing or challenge the paternity test
results, within twenty days from the date the paternity test
results are issued or mailed to the party by the unit child
support services, whichever is later.
h. A statement that if a timely written request for a
hearing on the issue of support is received by the unit
child support services, the party shall have the right to a
hearing to be held in district court and that if no timely
written request is received and paternity is not contested,
the administrator department shall enter an order establishing
the putative father as the father of the child or children and
establishing child support or medical support, or both, in
accordance with the notice of alleged paternity and support
debt.
i. A written explanation of the rights and responsibilities
associated with the establishment of paternity.
j. A written explanation of a party’s right to deny
paternity, the procedures for denying paternity, and the
consequences of the denial.
k. A statement that if a party contests paternity, the party
shall have twenty days from the date of service of the original
notice to submit a written denial of paternity to the unit
child support services.
l. A statement that if paternity is contested, the unit
-647- child support services shall, at the request of the party
contesting paternity or on its own initiative, enter an
administrative order requiring the putative father, mother, and
child or children involved, to submit to paternity testing.
m. A statement that if paternity tests are conducted, the
unit child support services shall provide a copy of the test
results to each party in person or send a copy to each party
by regular mail, addressed to the party’s last known address,
or, if applicable, to the last known address of the party’s
attorney.
n. A statement setting forth the time frames for contesting
paternity after paternity tests are conducted.
o. Other information as the unit child support services
finds appropriate.
2. The time limitations established for the notice
provisions under subsection 1 are binding unless otherwise
specified in this chapter or waived pursuant to section 252F.8.
3. a. If notice is served on a party, the unit child
support services shall file a true copy of the notice and the
original return of service with the appropriate clerk of the
district court as follows:
(1) In the county in which the child or children reside if
the action is for purposes of establishing paternity and future
child or medical support, or both.
(2) In the county in which the child or children involved
last received public assistance benefits in the state, if
the action is for purposes of establishing paternity and
child or medical support, or both, only for prior periods of
time when the child or children received public assistance,
and no ongoing child or medical support obligation is to be
established by this action.
(3) If the action is the result of a request from another
state or foreign country to establish paternity of a putative
father located in Iowa, in the county in which the putative
father resides.
-648- b. All subsequent documents filed or court hearings held
related to the action shall be in the district court in the
county in which notice was filed pursuant to this subsection.
The clerk shall file and docket the action.
4. A party or the child support recovery unit services may
request a court hearing regarding establishment of paternity or
a determination of support, or both.
a. Upon receipt of a timely written response requesting
a hearing or on its own initiative, the unit child support
services shall certify the matter for hearing in the district
court in the county where the original notice of alleged
paternity and support debt is filed, in accordance with section
252F.5.
b. If paternity establishment was contested and paternity
tests conducted, a court hearing on the issue of paternity
shall be held no earlier than thirty days from the date
paternity test results are issued to all parties by the unit
child support services, unless the parties mutually agree to
waive the time frame pursuant to section 252F.8.
c. Any objection to the results of paternity tests shall be
filed no later than twenty days after the date paternity test
results are issued or mailed to each party by the unit child
support services. Any objection to paternity test results
filed by a party more than twenty days after the date paternity
tests are issued or mailed to the party by the unit child
support services shall not be accepted or considered by the
court.
5. If a timely written response and request for a court
hearing is not received by the unit child support services and
a party does not deny paternity, the administrator department
shall enter an order in accordance with section 252F.4.
6. a. If a party contests the establishment of paternity,
the party shall submit, within twenty days of service of the
notice on the party under subsection 1, a written statement
contesting paternity establishment to the unit child support
-649-services. Upon receipt of a written challenge of paternity
establishment, or upon initiation by the unit child support
services, the administrator department shall enter ex parte
administrative orders requiring the mother, child or children
involved, and the putative father to submit to paternity
testing, except that if the mother and child or children
previously submitted blood or genetic specimens in a prior
action to establish paternity against a different putative
father, the previously submitted specimens and prior results,
if available, may be utilized for testing in this action.
Either the mother or putative father may contest paternity
under this chapter.
b. The orders shall be filed with the clerk of the district
court in the county where the notice was filed and have the
same force and effect as a court order for paternity testing.
c. The unit Child support services shall issue copies of the
respective administrative orders for paternity testing to the
mother and putative father in person, or by regular mail to the
last known address of each, or if applicable, to the last known
address of the attorney for each.
d. If a paternity test is ordered under this section,
the administrator department shall direct that inherited
characteristics be analyzed and interpreted, and shall appoint
an expert qualified as an examiner of genetic markers to
analyze and interpret the results. The test shall be of a type
generally acknowledged as reliable by accreditation entities
designated by the secretary of the United States department
of health and human services and shall be performed by a
laboratory approved by an accreditation entity.
e. The party contesting paternity shall be provided one
opportunity to reschedule the paternity testing appointment if
the testing is rescheduled prior to the date of the originally
scheduled appointment.
f. An original copy of the test results shall be filed with
the clerk of the district court in the county where the notice
-650-was filed. The child Child support recovery unit services
shall issue a copy of the filed test results to each party in
person, or by regular mail to the last known address of each,
or if applicable, to the last known address of the attorney
for each. However, if the action is the result of a request
from another state or foreign country, the unit child support
services shall issue a copy of the results to the initiating
agency in that jurisdiction.
g. Verified documentation of the chain of custody of the
blood or genetic specimens is competent evidence to establish
the chain of custody. The testimony of the appointed expert is
not required. A verified expert’s report of test results which
indicate a statistical probability of paternity is sufficient
authenticity of the expert’s conclusion.
h. A verified expert’s report shall be admitted as evidence
to establish administrative paternity, and, if a court hearing
is scheduled to resolve the issue of paternity, shall be
admitted as evidence and is admissible at trial.
i. If the verified expert concludes that the test results
show that the putative father is not excluded and that the
probability of the putative father’s paternity is ninety-five
percent or higher, there shall be a rebuttable presumption that
the putative father is the biological father, and the evidence
shall be sufficient as a basis for administrative establishment
of paternity.
(1) In order to challenge the presumption of paternity, a
party shall file a written notice of the challenge with the
district court within twenty days from the date the paternity
test results are issued or mailed to all parties by the unit
child support services. Any challenge to a presumption of
paternity resulting from paternity tests, or to paternity test
results filed after the lapse of the twenty-day time frame
shall not be accepted or admissible by the unit child support
services or the court.
(2) A copy of the notice challenging the presumption of
-651-paternity shall be provided to any other party in person, or
by mailing the notice to the last known address of each party,
or if applicable, to the last known address of each party’s
attorney.
(3) The party challenging the presumption of paternity
has the burden of proving that the putative father is not the
father of the child.
(4) The presumption of paternity may be rebutted only by
clear and convincing evidence.
j. If the verified expert concludes that the test results
indicate that the putative father is not excluded and that
the probability of the putative father’s paternity is less
than ninety-five percent, the administrator department shall
order a subsequent administrative paternity test or certify the
case to the district court for resolution in accordance with
the procedures and time frames specified in paragraph “i” and
section 252F.5.
k. If the results of the test or the verified expert’s
analysis are timely challenged as provided in this subsection,
the administrator department, upon the request of a party
and advance payment by the contestant or upon the unit’s own
initiative of child support services, shall order that an
additional test be performed by the same laboratory or an
independent laboratory. If the party requesting additional
testing does not advance payment, the administrator department
shall certify the case to the district court in accordance with
paragraph “i” and section 252F.5.
l. When a subsequent paternity test is conducted, the time
frames in this chapter associated with paternity tests shall
apply to the most recently completed test.
m. If the paternity test results exclude the putative father
as a potential biological father of the child or children,
and additional tests are not requested by either party or
conducted on the unit’s initiative of child support services,
or if additional tests exclude the putative father as a
-652-potential biological father, the unit child support services
shall withdraw its action against the putative father and
shall file a notice of the withdrawal with the clerk of the
district court, and shall provide a copy of the notice to each
party in person, or by regular mail sent to each party’s last
known address, or if applicable, the last known address of the
party’s attorney.
n. Except as provided in paragraph “k”, the unit child
support services shall advance the costs of genetic testing.
If paternity is established and paternity testing was
conducted, the unit child support services shall enter an order
or, if the action proceeded to a court hearing, request that
the court enter a judgment for the costs of the paternity tests
consistent with applicable federal law. In a proceeding under
this chapter, a copy of a bill for genetic testing shall be
admitted as evidence without requiring third-party foundation
testimony and shall constitute prima facie evidence of the
amount incurred for genetic testing.
Sec. 907. Section 252F.4, Code 2023, is amended to read as
follows:
252F.4 Entry of order.
1. If each party fails to respond to the initial notice
within twenty days after the date of service of the notice or
fails to appear at a conference pursuant to section 252F.3 on
the scheduled date of the conference, and paternity has not
been contested and each party fails to timely request a court
hearing on the issue of support, the administrator department
shall enter an order against the parties, declaring the
putative father to be the legal father of the child or children
involved and assessing any accrued and accruing child support
obligation pursuant to the guidelines established under section
598.21B, and medical support pursuant to chapter 252E.
2. If paternity is contested pursuant to section 252F.3,
subsection 6, and the party contesting paternity fails to
appear for a paternity test and fails to request a rescheduling
-653-pursuant to section 252F.3, or fails to appear for both the
initial and the rescheduled paternity tests and each party
fails to timely request a court hearing on the issue of
support, the administrator department shall enter an order
against the parties declaring the putative father to be the
legal father of the child or children involved and assessing
any accrued and accruing child support obligation pursuant to
the guidelines established under section 598.21B, and medical
support pursuant to chapter 252E.
3. If a conference pursuant to section 252F.3 is held,
and paternity is not contested, and each party fails to
timely request a court hearing on the issue of support, the
administrator department shall enter an order against the
parties after the second notice has been sent declaring the
putative father to be the legal father of the child or children
involved and assessing any accrued and accruing child support
obligation pursuant to the guidelines established under section
598.21B, and medical support pursuant to chapter 252E.
4. If paternity was contested and paternity testing was
performed and the putative father was not excluded, if the
test results indicate that the probability of the putative
father’s paternity is ninety-five percent or greater, if the
test results are not timely challenged, and if each party fails
to timely request a court hearing on the issue of support,
the administrator department shall enter an order against the
parties declaring the putative father to be the legal father of
the child or children involved and assessing any accrued and
accruing child support obligation pursuant to the guidelines
established under section 598.21B, and medical support pursuant
to chapter 252E.
5. The administrator department shall establish a support
obligation under this section based upon the best information
available to the unit child support services and pursuant to
section 252B.7A.
6. The order shall contain all of the following:
-654- a. A declaration of paternity.
b. The amount of monthly support to be paid, with direction
as to the manner of payment.
c. The amount of accrued support.
d. The name of the custodial parent or caretaker.
e. The name and birth date of the child or children to whom
the order applies.
f. A statement that property of a party ordered to provide
support is subject to income withholding, liens, garnishment,
tax offset, and other collection actions.
g. The medical support required pursuant to chapter 598 and
chapter 252E.
h. A statement that a party who is ordered to provide
support is required to inform the child support recovery unit
services, on a continuing basis, of the name and address of
the party’s current employer, whether the party has access to
health insurance coverage as required in the order, and if so,
the health insurance policy information.
i. If paternity was contested by the putative father, the
amount of any judgment assessed to the father for costs of
paternity tests conducted pursuant to this chapter.
j. Statements as required pursuant to section 598.22B.
7. If paternity is not contested but a party does wish
to challenge the issues of child or medical support, the
administrator department shall enter an order establishing
paternity and reserving the issues of child or medical support
for determination by the district court.
Sec. 908. Section 252F.5, Code 2023, is amended to read as
follows:
252F.5 Certification to district court.
1. Actions initiated under this chapter are not subject
to contested case proceedings or further review pursuant to
chapter 17A.
2. An action under this chapter may be certified to
the district court if a party timely contests paternity
-655-establishment or paternity test results, or if a party requests
a court hearing on the issues of child or medical support, or
both, or upon the initiation of the unit child support services
as provided in this chapter. Review by the district court
shall be an original hearing before the court.
3. In any action brought under this chapter, the action
shall not be certified to the district court in a contested
paternity action unless all of the following have occurred:
a. Paternity testing has been completed.
b. The results of the paternity test have been issued to all
parties.
c. A timely written objection to paternity establishment
or paternity test results has been received from a party, or
a timely written request for a court hearing on the issue
of support has been received from a party by the unit child
support services, or the unit child support services has
requested a court hearing on the unit’s child support services’
own initiative.
4. A matter shall be certified to the district court in
the county in which the notice was filed pursuant to section
252F.3, subsection 3.
5. The court shall set the matter for hearing and notify the
parties of the time of and place for hearing.
6. If the court determines that the putative father is
the legal father, the court shall establish the amount of the
accrued and accruing child support pursuant to the guidelines
established under section 598.21B, and shall establish medical
support pursuant to chapter 252E.
7. If the putative father or another party contesting
paternity fails to appear at the hearing, upon a showing
that proper notice has been provided to the party, the court
shall find the party in default and enter an appropriate order
establishing paternity and support.
Sec. 909. Section 252F.6, Code 2023, is amended to read as
follows:
-656- 252F.6 Filing with the district court.
Following issuance of an order by the administrator
department, the order shall be presented to an appropriate
district court judge for review and approval. Unless a defect
appears on the face of the order, the district court shall
approve the order. Upon approval by the district court judge,
the order shall be filed in the district court in the county
in which the notice was filed pursuant to section 252F.3,
subsection 3. Upon filing, the order has the same force and
effect as a district court order.
Sec. 910. Section 252F.7, Code 2023, is amended to read as
follows:
252F.7 Report to state registrar of vital records statistics.
Upon the filing of an order with the district court pursuant
to this chapter, the clerk of the district court shall report
the information from the order to the bureau of state registrar
of vital records statistics in the manner provided in section
600B.36.
Sec. 911. Section 252F.8, Code 2023, is amended to read as
follows:
252F.8 Waiver of time limitations.
1. A putative father or other party may waive the time
limitations established in this chapter.
2. If a party does not contest paternity or wish to request
a conference or court hearing on the issue of support, upon
receipt of a signed statement from the putative father and
any other party that may contest establishment of paternity,
waiving the time limitations, the administrator department
shall enter an order establishing paternity and support and the
court may approve the order, notwithstanding the expiration of
the period of the time limitations if paternity is established.
3. If a putative father or other party waives the time
limitations and an order establishing paternity or determining
support, or both, is entered under this chapter, the signed
statement of the putative father and other party waiving the
-657-time limitations shall be filed with the order.
Sec. 912. Section 252G.1, Code 2023, is amended to read as
follows:
252G.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Business day” means a day on which state offices are
open for regular business.
2. “Child support services” means child support services
created in section 252B.2.
2. 3. “Compensation” means payment owed by the payor of
income for:
a. Labor or services rendered by an employee or contractor
to the payor of income.
b. Benefits including, but not limited to, vacation,
holiday, and sick leave, and severance payments which are due
an employee under an agreement with the employer or under a
policy of the employer.
3. 4. “Contractor” means a natural person who is eighteen
years of age or older, who performs labor in this state to
whom a payor of income makes payments which are not subject to
withholding and for whom the payor of income is required by the
internal revenue service to complete a 1099-MISC form.
4. 5. “Date of hire” means either of the following:
a. The first day for which an employee is owed compensation
by the payor of income.
b. The first day that a contractor performs labor or
services for the payor of income.
5. 6. “Days” means calendar days.
6. 7. “Department” means the department of health and human
services.
7. 8. “Dependent” includes a spouse or child or any other
person who is in need of and entitled to support from a person
who is declared to be legally liable for the support of that
dependent.
-658- 8. 9. “Employee” means a natural person who performs labor
in this state and is employed by an employer in this state for
compensation and for whom the employer withholds federal or
state tax liabilities from the employee’s compensation.
9. 10. “Employer” means a person doing business in this
state who engages an employee for compensation and for whom the
employer withholds federal or state tax liabilities from the
employee’s compensation. “Employer” includes any governmental
entity and any labor organization.
10. 11. “Labor organization” means any organization of
any kind, or any agency, or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
11. 12. “Natural person” means an individual and not a
corporation, government, business trust, estate, partnership,
proprietorship, or other legal entity, however organized.
12. 13. “Payor of income” includes both an employer and a
person engaged in a trade or business in this state who engages
a contractor for compensation.
13. 14. “Registry” means the central employee registry
created in section 252G.2.
14. 15. “Rehire” means the first day for which an employee
is owed compensation by the payor of income following a
termination of employment lasting a minimum of six consecutive
weeks. Termination of employment does not include temporary
separations from employment such as unpaid medical leave, an
unpaid leave of absence, or a temporary layoff.
15. “Unit” means the child support recovery unit created in
section 252B.2.
Sec. 913. Section 252G.2, Code 2023, is amended to read as
follows:
252G.2 Establishment of central employee registry.
By January 1, 1994, the unit Child support services shall
-659-establish a centralized employee registry database for the
purpose of receiving and maintaining information on newly hired
or rehired employees from employers. The unit Child support
services shall establish the database and the department may
adopt rules in conjunction with the department of revenue and
the department of workforce development to identify appropriate
uses of the registry and to implement this chapter, including
implementation through the entering of agreements pursuant to
chapter 28E.
Sec. 914. Section 252G.3, subsection 3, paragraphs b and d,
Code 2023, are amended to read as follows:
b. By submitting electronic media in a format approved by
the unit child support services in advance.
d. By any other means authorized by the unit child support
services in advance if the means will result in timely
reporting.
Sec. 915. Section 252G.4, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Beginning January 1, 1994, a A payor of income to whom
section 252G.3 is inapplicable, who enters into an agreement
for the performance of services with a contractor, shall report
the contractor to the registry. Payors of income shall report
contractors performing labor under an agreement within fifteen
days of the date on which all of the following conditions are
met:
Sec. 916. Section 252G.4, subsection 3, Code 2023, is
amended to read as follows:
3. A payor of income required to report under this section
may report the information required under subsection 1 by any
written means authorized by the unit child support services
which results in timely reporting.
Sec. 917. Section 252G.5, subsection 1, Code 2023, is
amended to read as follows:
1. The unit Child support services for program
-660- administration of the child support enforcement program,
including but not limited to activities related to
establishment and enforcement of child and medical support
obligations through administrative or judicial processes, and
other services authorized pursuant to chapter 252B.
Sec. 918. Section 252G.7, Code 2023, is amended to read as
follows:
252G.7 Data entry and transmitting centralized employee
registry records to the national new hire registry.
The unit Child support services shall enter new hire data
into the centralized employee directory database within five
business days of receipt from employers and shall transmit the
records of the centralized employee registry to the national
directory of new hires within three business days after the
date information regarding a newly hired employee is entered
into the centralized employee registry.
Sec. 919. Section 252G.8, Code 2023, is amended to read as
follows:
252G.8 Income withholding requirements.
Within two business days after the date information
regarding a newly hired employee is entered into the
centralized employee registry and matched with obligors in
cases being enforced by the unit child support services, the
unit child support services shall transmit a notice to the
employer or payor of income of the employee directing the
employer or payor of income to withhold from the income of the
employee in accordance with chapter 252D.
Sec. 920. Section 252H.1, Code 2023, is amended to read as
follows:
252H.1 Purpose and intent.
This chapter is intended to provide a means for state
compliance with Tit.IV-D of the federal Social Security
Act, as amended, requiring states to provide procedures for
the review and adjustment of support orders being enforced
under Tit.IV-D of the federal Social Security Act, and also
-661-to provide an expedited modification process when review
and adjustment procedures are not required, appropriate, or
applicable. Actions under this chapter shall be initiated only
by the child support recovery unit services.
Sec. 921. Section 252H.2, Code 2023, is amended to read as
follows:
252H.2 Definitions.
1. As used in this chapter, unless the context otherwise
requires, “administrator”, “caretaker”, “court order”,
“department”, “dependent child”, “medical support”, and
“responsible person” mean the same as defined in section 252C.1.
2. As used in this chapter, unless the context otherwise
requires:
a. “Act” means the federal Social Security Act.
b. “Adjustment” applies only to the child support provisions
of a support order and means either of the following:
(1) A change in the amount of child support based upon
an application of the child support guidelines established
pursuant to section 598.21B.
(2) An addition of or change to provisions for medical
support as provided in chapter 252E.
c. “Child” means a child as defined in section 252B.1.
d. “Child support agency” means any state, county, or local
office or entity of another state that has the responsibility
for providing child support enforcement services under Tit.
IV-D of the Act.
e. “Child support recovery unit” or “unit” “Child support
services” means the child support recovery unit services created
pursuant to in section 252B.2.
f. “Cost-of-living alteration” means a change in an existing
child support order which equals an amount which is the
amount of the support obligation following application of the
percentage change of the consumer price index for all urban
consumers, United States city average, as published in the
federal register by the federal department of labor, bureau of
-662-labor statistics.
g. “Determination of controlling order” means the process
of identifying a child support order which must be recognized
pursuant to section 252K.207 and 28 U.S.C. §1738B, when
more than one state has issued a support order for the same
child and the same obligor, and may include a reconciliation
of arrearages with information related to the calculation.
Registration of an order of another state or foreign country is
not necessary for a court or the unit child support services to
make a determination of controlling order.
h. “Modification” means either of the following:
(1) A change, correction, or termination of an existing
support order.
(2) The establishment of a child or medical support
obligation in a previously established order entered
pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
support proceeding, in which such support was not previously
established, or in which support was previously established
and subsequently terminated prior to the emancipation of the
children affected.
i. “Parent” means, for the purposes of requesting a review
of a support order and for being entitled to notice under this
chapter:
(1) The individual ordered to pay support pursuant to the
order.
(2) An individual or entity entitled to receive current or
future support payments pursuant to the order, or pursuant to a
current assignment of support including but not limited to an
agency of this or any other state that is currently providing
public assistance benefits to the child for whom support is
ordered and any child support agency. Service of notice of
an action initiated under this chapter on an agency is not
required, but the agency may be advised of the action by other
means.
j. “Public assistance” means benefits received in this state
-663-or any other state, under Tit.IV-A (temporary assistance to
needy families), IV-E (foster care), or XIX (Medicaid) of the
Act.
k. “Review” means an objective evaluation conducted through
a proceeding before a court, administrative body, or an agency,
of information necessary for the application of a state’s
mandatory child support guidelines to determine:
(1) The appropriate monetary amount of support.
(2) Provisions for medical support.
l. “State” means “state” as defined in chapter 252K.
m. “Support order” means an order for support issued
pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
252F, 598, 600B, or any other applicable chapter, or under
a comparable statute of another state or foreign country as
registered with the clerk of court or certified to the child
support recovery unit services.
Sec. 922. Section 252H.3, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Nonsupport issues shall not be considered by the unit
child support services or the court in any action resulting
under this chapter.
3. Actions initiated by the unit child support services
under this chapter shall not be subject to contested case
proceedings or further review pursuant to chapter 17A and
resulting court hearings following certification shall be an
original hearing before the district court.
Sec. 923. Section 252H.4, Code 2023, is amended to read as
follows:
252H.4 Role of the child support recovery unit services.
1. The unit Child support services may administratively
adjust or modify or may provide for an administrative
cost-of-living alteration of a support order entered under
chapter 234, 252A, 252C, 598, or 600B, or any other support
chapter if the unit child support services is providing
enforcement services pursuant to chapter 252B.The unit
-664- Child support services is not required to intervene to
administratively adjust or modify or provide for an
administrative cost-of-living alteration of a support order
under this chapter.
2. The unit Child support services is a party to an action
initiated pursuant to this chapter.
3. The unit Child support services shall conduct a review
to determine whether an adjustment is appropriate or, upon
the request of a parent or upon the unit’s child support
services’ own initiative, determine whether a modification is
appropriate.
4. The unit Child support services shall adopt rules
pursuant to chapter 17A to establish the process for the review
of requests for adjustment, the criteria and procedures for
conducting a review and determining when an adjustment is
appropriate, the procedure and criteria for a cost-of-living
alteration, the criteria and procedure for a request for review
pursuant to section 252H.18A, and other rules necessary to
implement this chapter.
5. Legal representation of the unit child support services
shall be provided pursuant to section 252B.7, subsection 4.
Sec. 924. Section 252H.5, Code 2023, is amended to read as
follows:
252H.5 Fees and cost recovery for review — adjustment —
modification.
1. Unless the unit child support services is already
providing support enforcement service pursuant to chapter 252B,
a parent ordered to provide support, who requests a review of a
support order under subchapter II, shall file an application
for services pursuant to section 252B.4.
2. A parent requesting a service shall pay the fee
established for that service as established under this
subsection. The fees established are not applicable to a
parent who as a condition of eligibility for receiving public
assistance benefits has assigned the rights to child or medical
-665-support for the order to be reviewed. The following fees shall
be paid for the following services:
a. A fee for conducting the review, to be paid at the time
the request for review is submitted to the unit child support
services. If the request for review is denied for any reason,
the fee shall be refunded to the parent making the request.
Any request submitted without full payment of the fee shall be
denied.
b. A fee for a second review requested pursuant to section
252H.17, to be paid at the time the request for the second
review is submitted to the unit child support services. Any
request submitted without full payment of the fee shall be
denied.
c. A fee for activities performed by the unit child support
services in association with a court hearing requested pursuant
to section 252H.8.
d. A fee for activities performed by the unit child support
services in entering an administrative order to adjust support
when neither parent requests a court hearing pursuant to
section 252H.8. The fee shall be paid during the postreview
waiting period under section 252H.17. If the fee is not paid
in full during the postreview notice period, further action
shall not be taken by the unit child support services to adjust
the order unless the parent not requesting the adjustment
pays the fee in full during the postreview waiting period,
or unless the children affected by the order reviewed are
currently receiving public assistance benefits and the proposed
adjustment would result in either an increase in the amount of
support or in provisions for medical support for the children.
e. A fee for conducting a conference requested pursuant to
section 252H.20.
3. A parent who requests a review of a support order
pursuant to section 252H.13, shall pay any service of process
fees for service or attempted service of the notice required
in section 252H.15. The unit Child support services shall not
-666-proceed to conduct a review pursuant to section 252H.16 until
service of process fees have been paid in full. The service of
process fee requirement of this subsection is not applicable
to a parent who as a condition of eligibility for public
assistance benefits has assigned the rights to child or medical
support for the order to be reviewed. Service of process fees
charged by a person other than the unit child support services
are distinct from any other fees and recovery of costs provided
for in this section.
4. The unit Child support services shall, consistent with
applicable federal law, recover administrative costs in excess
of any fees collected pursuant to subsections 2 and 3 for
providing services under this chapter and shall adopt rules
providing for collection of fees for administrative costs.
5. The unit Child support services shall adopt rules
pursuant to chapter 17A to establish procedures and criteria to
determine the amount of any fees specified in this section and
the administrative costs in excess of these fees.
Sec. 925. Section 252H.6, Code 2023, is amended to read as
follows:
252H.6 Collection of information.
The unit Child support services may request, obtain, and
validate information concerning the financial circumstances
of the parents of a child as necessary to determine the
appropriate amount of support pursuant to the guidelines
established in section 598.21B, including but not limited to
those sources and procedures described in sections 252B.7A and
252B.9. The collection of information does not constitute a
review conducted pursuant to section 252H.16.
Sec. 926. Section 252H.7, Code 2023, is amended to read as
follows:
252H.7 Waiver of notice periods and time limitations.
1. A parent may waive the fifteen-day prereview waiting
period provided for in section 252H.16.
a. Upon receipt of signed requests from both parents
-667-waiving the prereview waiting period, the unit child support
services may conduct a review of the support order prior to
the expiration of the fifteen-day period provided in section
252H.16.
b. If the parents jointly waive the prereview waiting period
and the order under review is subsequently adjusted, the signed
statements of both parents waiving the waiting period shall be
filed in the court record with the order adjusting the support
obligation.
2. A parent may waive the postreview waiting period provided
for in section 252H.8, subsection 2 or 7, for a court hearing
or in section 252H.17 for requesting of a second review.
a. Upon receipt of signed requests from both parents subject
to the order reviewed, waiving the postreview waiting period,
the unit child support services may enter an administrative
order adjusting the support order, if appropriate, prior to the
expiration of the postreview waiting period.
b. If the parents jointly waive the postreview waiting
period and an administrative order to adjust the support order
is entered, the signed statements of both parents waiving the
waiting period shall be filed in the court record with the
administrative order adjusting the support obligation.
3. A parent may waive the time limitations established in
section 252H.8, subsection 3, for requesting a court hearing,
or in section 252H.20 for requesting a conference.
a. Upon receipt of signed requests from both parents who
are subject to the order to be modified, waiving the time
limitations, the unit child support services may proceed to
enter an administrative modification order.
b. If the parents jointly waive the time limitations and
an administrative modification order is entered under this
chapter, the signed statements of both parents waiving the
time limitations shall be filed in the court record with the
administrative modification order.
Sec. 927. Section 252H.8, Code 2023, is amended to read as
-668-follows:
252H.8 Certification to court — hearing — default.
1. For actions initiated under section 252H.15, either
parent or the unit child support services may request a court
hearing within fifteen days from the date of issuance of the
notice of decision under section 252H.16, or within ten days
of the date of issuance of the second notice of decision under
section 252H.17, whichever is later.
2. For actions initiated under section 252H.14A, either
parent or the unit child support services may request a court
hearing within ten days of the issuance of the second notice of
decision under section 252H.17.
3. For actions initiated under subchapter III, either
parent or the unit child support services may request a court
hearing within the latest of any of the following time periods:
a. Twenty days from the date of successful service of the
notice of intent to modify required under section 252H.19.
b. Ten days from the date scheduled for a conference to
discuss the modification action.
c. Ten days from the date of issuance of a second notice of
a proposed modification action.
4. The time limitations for requesting a court hearing
under this section may be extended by the unit child support
services.
5. If a timely written request for a hearing is received
by the unit child support services, a hearing shall be held
in district court, and the unit child support services shall
certify the matter to the district court in the county in which
the order subject to adjustment or modification is filed. The
certification shall include the following, as applicable:
a. Copies of the notice of intent to review or notice of
intent to modify.
b. The return of service, proof of service, acceptance of
service, or signed statement by the parent requesting review
and adjustment or requesting modification, waiving service of
-669-the notice.
c. Copies of the notice of decision and any revised notice
as provided in section 252H.16.
d. Copies of any written objections to and request for a
second review or conference or hearing.
e. Copies of any second notice of decision issued pursuant
to section 252H.17, or second notice of proposed modification
action issued pursuant to section 252H.20.
f. Copies of any financial statements and supporting
documentation provided by the parents including proof of
a substantial change in circumstances for a request filed
pursuant to section 252H.18A.
g. Copies of any computation worksheet prepared by the
unit child support services to determine the amount of support
calculated using the mandatory child support guidelines
established under section 598.21B, and, if appropriate and the
social security disability provisions of sections 598.22 and
598.22C apply, a determination of the amount of delinquent
support due.
h. A certified copy of each order, issued by another state
or foreign country, considered in determining the controlling
order.
6. The court shall set the matter for hearing and notify the
parties of the time and place of the hearing.
7. For actions initiated under section 252H.15, a hearing
shall not be held for at least sixteen days following the date
of issuance of the notice of decision unless the parents have
jointly waived, in writing, the fifteen-day postreview period.
8. Pursuant to section 252H.3, the district court shall
review the matter as an original hearing before the court.
9. Issues subject to review by the court in any hearing
resulting from an action initiated under this chapter shall be
limited to the issues identified in section 252H.3.
10. Notwithstanding any other law to the contrary, if more
than one support order exists involving children with the same
-670-legally established parents, one hearing on all of the affected
support orders shall be held in the district court in the
county where the unit child support services files the action.
For the purposes of this subsection, the district court hearing
the matter shall have jurisdiction over all other support
orders entered by a court of this state and affected under this
subsection.
11. The court shall establish the amount of child support
pursuant to section 598.21B, or medical support pursuant to
chapter 252E, or both.
12. If a party fails to appear at the hearing, upon a
showing of proper notice to the party, the court may find the
party in default and enter an appropriate order.
Sec. 928. Section 252H.9, Code 2023, is amended to read as
follows:
252H.9 Filing and docketing of administrative adjustment or
modification order — order effective as district court order.
1. If timely request for a court hearing is not made
pursuant to section 252H.8, the unit child support services
shall prepare and present an administrative order for
adjustment or modification, as applicable, for review and
approval, ex parte, to the district court where the order to
be adjusted or modified is filed. Notwithstanding any other
law to the contrary, if more than one support order exists
involving children with the same legally established parents,
for the purposes of this subsection, the district court
reviewing and approving the matter shall have jurisdiction over
all other support orders entered by a court of this state and
affected under this subsection.
2. For orders to which subchapter II or III is applicable,
the unit child support services shall determine the appropriate
amount of the child support obligation using the current child
support guidelines established pursuant to section 598.21B
and the criteria established pursuant to section 252B.7A and
shall determine the provisions for medical support pursuant to
-671-chapter 252E.
3. The administrative order prepared by the unit child
support services shall specify all of the following:
a. The amount of support to be paid and the manner of
payment.
b. The name of the custodian of any child for whom support
is to be paid.
c. The name of the parent ordered to pay support.
d. The name and birth date of any child for whom support is
to be paid.
e. That the property of the responsible person is subject
to collection action, including but not limited to wage
withholding, garnishment, attachment of a lien, and other
methods of execution.
f. Provisions for medical support.
g. If applicable, the order determined to be the controlling
order.
h. If applicable, the amount of delinquent support due based
upon the receipt of social security disability payments as
provided in sections 598.22 and 598.22C.
4. Supporting documents as described in section 252H.8,
subsection 5, may be presented to the court with the
administrative order, as applicable.
5. Unless defects appear on the face of the order or on the
attachments, the district court shall approve the order. Upon
filing, the approved order shall have the same force, effect,
and attributes of an order of the district court.
6. Upon filing, the clerk of the district court shall enter
the order in the judgment docket and judgment lien index.
7. A copy of the order shall be sent by regular mail within
fourteen days after filing to each parent’s last known address,
or if applicable, to the last known address of the parent’s
attorney.
8. The order is final, and action by the unit child support
services to enforce and collect upon the order, including
-672-arrearages and medical support, or both, may be taken from the
date of the entry of the order by the district court.
Sec. 929. Section 252H.10, subsection 2, Code 2023, is
amended to read as follows:
2. The periodic due date established under a prior order
for payment of child support shall not be changed in any
order modified as a result of an action initiated under this
chapter, unless the child support recovery unit services or
the court determines that good cause exists to change the
periodic due date. If the unit child support services or the
court determines that good cause exists, the unit child support
services or the court shall include the rationale for the
change in the modified order and shall address the issue of
reconciliation of any payments due or made under a prior order
which would result in payment of the child support obligation
under both the prior and the modified orders.
Sec. 930. Section 252H.11, Code 2023, is amended to read as
follows:
252H.11 Concurrent actions.
This chapter does not prohibit or affect the ability or right
of a parent or the parent’s attorney to file a modification
action at the parent’s own initiative. If a modification
action is filed by a parent concerning an order for which an
action has been initiated but has not yet been completed by the
unit child support services under this chapter, the unit child
support services shall terminate any action initiated under
this chapter, subject to the following:
1. The modification action filed by the parent must address
the same issues as the action initiated under this chapter.
2. If the modification action filed by the parent is
subsequently dismissed before being heard by the court,
the unit child support services shall continue the action
previously initiated under subchapter II or III, or initiate a
new action as follows:
a. If the unit child support services previously initiated
-673-an action under subchapter II, and had not issued a notice of
decision as required under section 252H.14A or 252H.16, the
unit child support services shall proceed as follows:
(1) If notice of intent to review was served ninety days
or less prior to the date the modification action filed by the
parent is dismissed, the unit child support services shall
complete the review and issue the notice of decision.
(2) If the modification action filed by the parent is
dismissed more than ninety days after the original notice of
intent to review was served, the unit child support services
shall serve or issue a new notice of intent to review and
conduct the review.
(3) If the unit child support services initiated a review
under section 252H.14A, the unit child support services may
issue the notice of decision.
b. If the unit child support services previously initiated
an action under subchapter II and had issued the notice of
decision as required under section 252H.14A or 252H.16, the
unit child support services shall proceed as follows:
(1) If the notice of decision was issued ninety days or less
prior to the date the modification action filed by the parent
is dismissed, the unit child support services shall request,
obtain, and verify any new or different information concerning
the financial circumstances of the parents and issue a revised
notice of decision to each parent, or if applicable, to the
parent’s attorney.
(2) If the modification action filed by the parent is
dismissed more than ninety days after the date of issuance
of the notice of decision, the unit child support services
shall serve or issue a new notice of intent to review pursuant
to section 252H.15 and conduct a review pursuant to section
252H.16, or conduct a review and serve a new notice of decision
under section 252H.14A.
c. If the unit child support services previously initiated
an action under subchapter III, the unit child support services
-674- shall proceed as follows:
(1) If the modification action filed by the parent is
dismissed more than ninety days after the original notice of
intent to modify was served, the unit child support services
shall serve a new notice of intent to modify pursuant to
section 252H.19.
(2) If the modification action filed by the parent is
dismissed ninety days or less after the original notice of
intent to modify was served, the unit child support services
shall complete the original modification action initiated by
the unit child support services under this subchapter.
(3) Each parent shall be allowed at least twenty days from
the date the administrative modification action is reinstated
to request a court hearing as provided for in section 252H.8.
3. If an action initiated under this chapter is terminated
as the result of a concurrent modification action filed by
one of the parents or the parent’s attorney, the unit child
support services shall advise each parent, or if applicable,
the parent’s attorney, in writing, that the action has been
terminated and the provisions of subsection 2 of this section
for continuing or initiating a new action under this chapter.
The notice shall be issued by regular mail to the last known
mailing address of each parent, or if applicable, each parent’s
attorney.
4. If an action initiated under this chapter by the
unit child support services is terminated as the result
of a concurrent action filed by one of the parents and is
subsequently reinstated because the modification action filed
by the parent is dismissed, the unit child support services
shall advise each parent, or if applicable, each parent’s
attorney, in writing, that the unit child support services is
continuing the prior administrative adjustment or modification
action. The notice shall be issued by regular mail to the last
known mailing address of each parent, or if applicable, each
parent’s attorney.
-675- Sec. 931. Section 252H.12, subsection 3, Code 2023, is
amended to read as follows:
3. The unit Child support services is providing enforcement
services for the ongoing support obligation pursuant to chapter
252B.
Sec. 932. Section 252H.13, Code 2023, is amended to read as
follows:
252H.13 Right to request review.
A parent shall have the right to request the review of a
support order for which the unit child support services is
currently providing enforcement services of an ongoing child
support obligation pursuant to chapter 252B including by
objecting to a cost-of-living alteration pursuant to section
252H.24, subsections 1 and 2.
Sec. 933. Section 252H.14, Code 2023, is amended to read as
follows:
252H.14 Reviews initiated by the child support recovery unit
services.
1. The unit Child support services may periodically
initiate a review of support orders meeting the conditions in
section 252H.12 in accordance with the following:
a. The right to any ongoing child support obligation is
currently assigned to the state due to the receipt of public
assistance.
b. The support order does not already include provisions for
medical support.
c. The review is otherwise necessary to comply with the Act.
2. The unit Child support services may periodically
initiate a request to a child support agency of another state
or to a foreign country to conduct a review of a support
order when the right to any ongoing child or medical support
obligation due under the order is currently assigned to the
state of Iowa or if the order does not include provisions for
medical support.
3. The unit Child support services shall adopt rules
-676-establishing criteria to determine the appropriateness of
initiating a review.
4. The unit Child support services shall initiate reviews
under this section in accordance with the Act.
Sec. 934. Section 252H.14A, Code 2023, is amended to read
as follows:
252H.14A Reviews initiated by the child support recovery unit
services — abbreviated method.
1. Notwithstanding section 252H.15, the unit child support
services may use procedures under this section to review a
support order if all the following apply:
a. One of the following applies:
(1) The right to ongoing child support is assigned to the
state of Iowa due to the receipt of family investment program
assistance, and a review of the support order is required under
section 7302 of the federal Deficit Reduction Act of 2005, Pub.
L. No.109-171.
(2) A parent requests a review, provides the unit child
support services with financial information as part of that
request, and the order meets the criteria for review under this
subchapter.
b. The unit Child support services has access to information
concerning the financial circumstances of each parent and one
of the following applies:
(1) The parent is a recipient of family investment program
assistance, medical assistance, or food supplemental nutrition
assistance program assistance from the department.
(2) The parent’s income is from supplemental security
income paid pursuant to 42 U.S.C. §1381a.
(3) The parent is a recipient of disability benefits under
the Act because of the parent’s disability.
(4) The parent is an inmate of an institution under the
control of the department of corrections.
(5) The unit Child support services has access to
information described in section 252B.7A, subsection 1,
-677-paragraph “c”.
2. If the conditions of subsection 1 are met, the unit child
support services may conduct a review and determine whether
an adjustment is appropriate using information accessible by
the unit child support services without issuing a notice under
section 252H.15 or requesting additional information from the
parent.
3. Upon completion of the review, the unit child support
services shall issue a notice of decision to each parent, or
if applicable, to each parent’s attorney. The notice shall be
served in accordance with the rules of civil procedure or as
provided in section 252B.26, except that a parent requesting
a review pursuant to section 252H.13 shall waive the right to
personal service of the notice in writing and accept service
by regular mail. If the service by regular mail does not occur
within ninety days of the written waiver of personal service,
personal service of the notice is required unless a new waiver
of personal service is obtained.
4. All of the following shall be included in the notice of
decision:
a. The legal basis and purpose of the action, including
an explanation of the procedures for determining child
support, the criteria for determining the appropriateness of
an adjustment, and a statement that the unit child support
services used the child support guidelines established pursuant
to section 598.21B and the provisions for medical support
pursuant to chapter 252E.
b. Information sufficient to identify the affected parties
and the support order or orders affected.
c. An explanation of the legal rights and responsibilities
of the affected parties, including time frames in which the
parties must act.
d. A statement indicating whether the unit child support
services finds that an adjustment is appropriate and the basis
for the determination.
-678- e. Procedures for contesting the action, including that if a
parent requests a second review both parents will be requested
to submit financial or income information as necessary for
application of the child support guidelines established
pursuant to section 598.21B.
f. Other information as appropriate.
5. Section 252H.16, subsection 5, regarding a revised
notice of decision shall apply to a notice of decision issued
under this section.
6. Each parent shall have the right to challenge the notice
of decision issued under this section by requesting a second
review by the unit child support services as provided in
section 252H.17. If there is no new or different information
to consider for the second review, the unit child support
services shall issue a second notice of decision based on prior
information. Each parent shall have the right to challenge
the second notice of decision by requesting a court hearing as
provided in section 252H.8.
Sec. 935. Section 252H.15, subsection 1, Code 2023, is
amended to read as follows:
1. Unless an action is initiated under section 252H.14A,
prior to conducting a review of a support order, the unit child
support services shall issue a notice of intent to review and
adjust to each parent, or if applicable, to each parent’s
attorney. However, notice to a child support agency or an
agency entitled to receive child or medical support payments as
the result of an assignment of support rights is not required.
Sec. 936. Section 252H.15, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The unit Child support services shall adopt rules pursuant
to chapter 17A to ensure that all of the following are included
in the notice:
Sec. 937. Section 252H.15, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Criteria for determining appropriateness of an adjustment
-679-and a statement that the unit child support services will use
the child support guidelines established pursuant to section
598.21B and the provisions for medical support pursuant to
chapter 252E to adjust the order.
Sec. 938. Section 252H.16, Code 2023, is amended to read as
follows:
252H.16 Conducting the review — notice of decision.
1. For actions initiated under section 252H.15, the unit
child support services shall conduct the review and determine
whether an adjustment is appropriate. As necessary, the unit
child support services shall make a determination of the
controlling order or the amount of delinquent support due based
upon the receipt of social security disability payments as
provided in sections 598.22 and 598.22C.
2. Unless both parents have waived the prereview notice
period as provided for in section 252H.7, the review shall
not be conducted for at least fifteen days from the date both
parents were successfully served with the notice required in
section 252H.15.
3. Upon completion of the review, the unit child support
services shall issue a notice of decision by regular mail to
the last known address of each parent, or if applicable, each
parent’s attorney.
4. The unit Child support services shall adopt rules
pursuant to chapter 17A to ensure that all of the following are
included in the notice:
a. Information sufficient to identify the affected parties
and the support order or orders affected.
b. A statement indicating whether the unit child support
services finds that an adjustment is appropriate and the basis
for the determination.
c. Other information, as appropriate.
5. A revised notice of decision shall be issued when the
unit child support services receives or becomes aware of new or
different information affecting the results of the review after
-680-the notice of decision has been issued and before the entry of
an administrative order adjusting the support order, when new
or different information is not received in conjunction with
a request for a second review, or subsequent to a request for
a court hearing. If a revised notice of decision is issued,
the time frames for requesting a second review or court hearing
shall apply from the date of issuance of the revised notice.
Sec. 939. Section 252H.17, Code 2023, is amended to read as
follows:
252H.17 Challenging the notice of decision — second review
— notice.
1. Each parent shall have the right to challenge the notice
of decision issued under section 252H.14A or 252H.16, by
requesting a second review by the unit child support services.
2. A challenge shall be submitted, in writing, to the
local child support office that issued the notice of decision
services, within thirty days of service of the notice of
decision under section 252H.14A or within ten days of the
issuance of the notice of decision under section 252H.16.
3. A parent challenging the notice of decision shall submit
any new or different information, not previously considered by
the unit child support services in conducting the review, with
the challenge and request for second review.
4. A parent challenging the notice of decision shall submit
any required fees with the challenge. Any request submitted
without full payment of the required fee shall be denied.
5. If a timely challenge along with any necessary fee
is received, the unit child support services shall issue by
regular mail to the last known address of each parent, or if
applicable, to each parent’s attorney, a notice that a second
review will be conducted. The unit Child support services
shall adopt rules pursuant to chapter 17A to ensure that all of
the following are included in the notice:
a. A statement of purpose of the second review.
b. Information sufficient to identify the affected parties
-681-and the support order or orders affected.
c. A statement of the information that is eligible for
consideration at the second review.
d. The procedures and time frames in conducting and
completing a second review, including a statement that only one
second review shall be conducted as the result of a challenge
received from either or both parents.
e. An explanation of the right to request a court hearing,
and the applicable time frames and procedures to follow in
requesting a court hearing.
f. Other information, as appropriate.
6. The unit Child support services shall conduct a second
review, utilizing any new or additional information provided
or available since issuance of the notice of decision under
section 252H.14A or under section 252H.16, to determine whether
an adjustment is appropriate.
7. Upon completion of the review, the unit child
support services shall issue a second notice of decision by
regular mail to the last known address of each parent, or if
applicable, to each parent’s attorney. The unit Child support
services shall adopt rules pursuant to chapter 17A to ensure
that all of the following are included in the notice:
a. Information sufficient to identify the affected parties
and the support order or orders affected.
b. The unit’s Child support services’ finding resulting from
the second review indicating whether the unit child support
services finds that an adjustment is appropriate, the basis for
the determination, and the impact on the first review.
c. An explanation of the right to request a court hearing,
and the applicable time frames and procedures to follow in
requesting a court hearing.
d. Other information, as appropriate.
8. If the determination resulting from the first review
is revised or reversed by the second review, the following
shall be issued to each parent along with the second notice of
-682-decision and the amount of any proposed adjustment:
a. Any updated or revised financial statements provided by
either parent.
b. A computation prepared by the local child support office
issuing the notice services, demonstrating how the amount of
support due under the child support guidelines was calculated,
and a comparison of the newly computed amount with the current
support obligation amount.
Sec. 940. Section 252H.18, subsection 2, Code 2023, is
amended to read as follows:
2. The unit Child support services is providing services
pursuant to chapter 252B.
Sec. 941. Section 252H.18A, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If a support order is not eligible for review and adjustment
because the support order is outside of the minimum time frames
specified by rule of the department, a parent may request a
review and administrative modification by submitting all of the
following to the unit child support services:
Sec. 942. Section 252H.18A, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of the request and all documentation
required in subsection 1, the unit child support services shall
review the request and documentation and if appropriate shall
issue a notice of intent to modify as provided in section
252H.19.
Sec. 943. Section 252H.19, subsection 1, Code 2023, is
amended to read as follows:
1. The unit Child support services shall issue a notice of
intent to modify to each parent. Notice to a child support
agency or an agency entitled to receive child or medical
support payments as the result of an assignment of support
rights is not required.
Sec. 944. Section 252H.19, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
-683- The notice shall be served upon each parent in accordance
with the rules of civil procedure, except that a parent
requesting modification shall, at the time of the request,
waive the right to personal service of the notice in writing
and accept service by regular mail. The unit Child support
services shall adopt rules pursuant to chapter 17A to ensure
that all of the following are included in the notice:
Sec. 945. Section 252H.20, Code 2023, is amended to read as
follows:
252H.20 Conference — second notice and finding of financial
responsibility.
1. Each parent shall have the right to request a conference
with the office of the unit that issued the notice of intent
to modify child support services. The request may be made in
person, in writing, or by telephone, and shall be made within
ten days of the date of successful service of the notice of
intent to modify.
2. A parent requesting a conference shall submit
any required fee no later than the date of the scheduled
conference. A conference shall not be held unless the required
fee is paid in full.
3. Upon a request and full payment of any required fee,
the office of the unit that issued the notice of intent to
modify child support services shall schedule a conference with
the parent and advise the parent of the date, time, place, and
procedural aspects of the conference. The unit Child support
services shall adopt rules pursuant to chapter 17A to specify
the manner in which a conference is conducted and the purpose
of the conference.
4. Following the conference, the office of the unit that
conducted the review child support services shall issue a
second notice of proposed modification and finding of financial
responsibility to the parent requesting the conference. The
unit Child support services shall adopt rules pursuant to
chapter 17A to ensure that all of the following are included
-684-in the notice:
a. Information sufficient to identify the affected parties
and the support order or orders affected.
b. If the unit child support services will continue or
terminate the action.
c. Procedures for contesting the action and the applicable
time frames for actions by the parents.
d. Other information, as appropriate.
Sec. 946. Section 252H.21, subsection 2, paragraph c,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Increase or decrease the amount of the child support
order calculated in subparagraph (1) for each subsequent year
by applying the appropriate consumer price index for each
subsequent year to the result of the calculation for the
previous year. The final year in the calculation shall be the
year immediately preceding the year the unit child support
services received the completed request for the cost-of-living
alteration.
Sec. 947. Section 252H.22, subsection 3, Code 2023, is
amended to read as follows:
3. The unit Child support services is providing enforcement
services for the ongoing support obligation pursuant to chapter
252B.
Sec. 948. Section 252H.23, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A parent may request a cost-of-living alteration by
submitting all of the following to the unit child support
services:
Sec. 949. Section 252H.24, Code 2023, is amended to read as
follows:
252H.24 Role of the child support recovery unit services —
filing and docketing of cost-of-living alteration order — order
effective as district court order.
1. Upon receipt of a request and required documentation for
a cost-of-living alteration, the unit child support services
-685- shall issue a notice of the amount of cost-of-living alteration
by regular mail to the last known address of each parent,
or, if applicable, each parent’s attorney. The notice shall
include all of the following:
a. A statement that either parent may contest the
cost-of-living alteration within thirty days of the date of
the notice by making a request for a review of a support order
as provided in section 252H.13, and if either parent does not
make a request for a review within thirty days, the unit child
support services shall prepare an administrative order as
provided in subsection 4.
b. A statement that the parent may waive the thirty-day
notice waiting period provided for in this section.
2. Upon timely receipt of a request and required
documentation for a review of a support order as provided
in subsection 1 from either parent, the unit child support
services shall terminate the cost-of-living alteration process
and apply the provisions of subchapters I and II of this
chapter relating to review and adjustment.
3. Upon receipt of signed requests from both parents subject
to the support order, waiving the notice waiting period, the
unit child support services may prepare an administrative order
pursuant to subsection 4 altering the support obligation.
4. If timely request for a review pursuant to section
252H.13 is not made, and if the thirty-day notice waiting
period has expired, or if both parents have waived the notice
waiting period, the unit child support services shall prepare
and present an administrative order for a cost-of-living
alteration, ex parte, to the district court where the order to
be altered is filed.
5. Unless defects appear on the face of the administrative
order or on the attachments, the district court shall approve
the order. Upon filing, the approved order shall have the
same force, effect, and attributes of an order of the district
court.
-686- 6. Upon filing, the clerk of the district court shall enter
the order in the judgment docket and judgment lien index.
7. If the parents jointly waive the thirty-day notice
waiting period, the signed statements of both parents waiving
the notice period shall be filed in the court record with the
administrative order altering the support obligation.
8. The unit Child support services shall send a copy of
the order by regular mail to each parent’s last known address,
or, if applicable, to the last known address of the parent’s
attorney.
9. An administrative order approved by the district court is
final, and action by the unit child support services to enforce
and collect upon the order may be taken from the date of the
entry of the order by the district court.
Sec. 950. Section 252I.1, Code 2023, is amended to read as
follows:
252I.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Account” means “account” as defined in section 524.103,
the savings or deposits of a member received or being held
by a credit union, or certificates of deposit. “Account”
also includes deposits held by an agent, a broker-dealer,
or an issuer as defined in section 502.102 and money-market
mutual fund accounts and “account” as defined in 42 U.S.C.
§666(a)(17). However, “account” does not include amounts held
by a financial institution as collateral for loans extended by
the financial institution.
2. “Bank” means “bank”, “insured bank”, and “state bank” as
defined in section 524.103.
3. “Child support services” means child support services
created in section 252B.2.
3. 4. “Court order” means “support order” as defined in
section 252J.1.
4. 5. “Credit union” means “credit union” as defined in
-687-section 533.102.
5. 6. “Financial institution” means “financial institution”
as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
also includes an institution which holds deposits for an agent,
broker-dealer, or an issuer as defined in section 502.102.
6. 7. “Obligor” means a person who has been ordered by a
court or administrative authority to pay support.
7. 8. “Support” or “support payments” means “support” or
“support payments” as defined in section 252D.16.
8. “Unit” or “child support recovery unit” means the child
support recovery unit created in section 252B.2.
9. “Working days” means only Monday, Tuesday, Wednesday,
Thursday, and Friday, but excluding the holidays specified in
section 1C.2, subsection 1.
Sec. 951. Section 252I.2, Code 2023, is amended to read as
follows:
252I.2 Purpose and use.
1. Notwithstanding other statutory provisions which provide
for the execution, attachment, or levy against accounts, the
unit child support services may utilize the process established
in this chapter to collect delinquent support payments provided
that any exemptions or exceptions which specifically apply to
enforcement of support obligations pursuant to other statutory
provisions also apply to this chapter.
2. An obligor is subject to the provisions of this chapter
if the obligor’s support obligation is being enforced by the
child support recovery unit services, and if the support
payments ordered under chapter 232, 234, 252A, 252C, 252D,
252E, 252F, 598, 600B, or any other applicable chapter,
or under a comparable statute of another state or foreign
country, as certified to the child support recovery unit
services, are not paid to the clerk of the district court or
the collection services center pursuant to section 598.22 and
become delinquent in an amount equal to the support payment for
one month.
-688- 3. Any amount forwarded by a financial institution under
this chapter shall not exceed the amounts specified in 15
U.S.C. §1673(b) and shall not exceed the delinquent or accrued
amount of support owed by the obligor.
Sec. 952. Section 252I.3, Code 2023, is amended to read as
follows:
252I.3 Initial notice to obligor.
The unit Child support services or the district court
may include language in any new or modified support order
issued on or after July 1, 1994, notifying the obligor that
the obligor is subject to the provisions of this chapter.
However, this chapter is sufficient notice for implementation
of administrative levy provisions without further notice of the
provisions of this chapter.
Sec. 953. Section 252I.4, Code 2023, is amended to read as
follows:
252I.4 Verification of accounts and immunity from liability.
1. The unit Child support services may contact a financial
institution to obtain verification of the account number, the
names and social security numbers listed for the account, and
the account balance of any account held by an obligor. Contact
with a financial institution may be by telephone or by written
communication. The financial institution may require positive
voice recognition and may require the telephone number of the
authorized person from the unit child support services before
releasing an obligor’s account information by telephone.
2. The unit Child support services and financial
institutions doing business in Iowa shall enter into agreements
to develop and operate a data match system, using automated
data exchanges to the maximum extent feasible. The data
match system shall allow a means by which each financial
institution shall provide to the unit child support services
for each calendar quarter the name, record address, social
security number or other taxpayer identification number, and
other identifying information for each obligor who maintains
-689-an account at the institution and who owes past-due support,
as identified by the unit child support services by name and
social security number or other taxpayer identification number.
The unit Child support services shall work with representatives
of financial institutions to develop a system to assist
nonautomated financial institutions in complying with the
provisions of this section.
3. The unit Child support services may pay a reasonable
fee to a financial institution for conducting the data match
required in subsection 2, not to exceed the lower of either
one hundred fifty dollars for each quarterly data match or the
actual costs incurred by the financial institution for each
quarterly data match. However, the unit child support services
may also adopt rules pursuant to chapter 17A to specify a fee
amount for each quarterly data match based upon the estimated
state share of funds collected under this chapter, which,
when adopted, shall be applied in lieu of the one hundred
fifty dollar fee under this subsection. In addition, the unit
child support services may pay a reasonable fee to a financial
institution for automation programming development performed
in order to conduct the data match required in subsection 2,
not to exceed the lower of either five hundred dollars or
the actual costs incurred by the financial institution. The
unit Child support services may use the state share of funds
collected under this chapter to pay the fees to financial
institutions under this subsection. For state fiscal years
beginning July 1, 1999, and July 1, 2000, the unit child
support services may use up to one hundred percent of the
state share of such funds. For state fiscal years beginning
on or after July 1, 2001, the unit child support services may
use up to fifty percent of the state share of such funds.
Notwithstanding any other provision of law to the contrary,
a financial institution shall have until a date provided in
the agreement in subsection 2 to submit its claim for a fee
under this subsection. If the unit child support services
-690- does not have sufficient funds available under this subsection
for payment of fees under this subsection for conducting data
matches or for automation program development performed in the
fiscal year beginning July 1, 1999, the cost may be carried
forward to the fiscal year beginning July 1, 2000. The unit
Child support services may also use funds from an amount
assessed a child support agency of another state, as defined in
section 252H.2, to conduct a data match requested by that child
support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
to financial institutions under this subsection.
4. a. A financial institution is immune from any liability
in any action or proceeding, whether civil or criminal, for any
of the following:
(1) The disclosure of any information by a financial
institution to the unit child support services pursuant to
this chapter or the rules or procedures adopted by the unit
child support services to implement this chapter, including
disclosure of information relating to an obligor who maintains
an account with the financial institution or disclosure of
information relating to any other person who maintains an
account with the financial institution that is provided for
the purpose of complying with the data match requirements of
this section and with the agreement entered into between the
financial institution and the unit child support services
pursuant to subsection 2.
(2) Any encumbrance or surrender of any assets held by a
financial institution in response to a notice of lien or levy
issued by the unit child support services.
(3) Any action or omission in connection with good faith
efforts to comply with this chapter or any rules or procedures
that are adopted by the unit child support services to
implement this chapter.
(4) The disclosure, use, or misuse by the unit child
support services or by any other person of information provided
or assets delivered to the unit child support services by a
-691-financial institution.
b. For the purposes of this section, “financial institution”
includes officers, directors, employees, contractors, and
agents of the financial institution.
5. The financial institution or the unit child support
services is not liable for the cost of any early withdrawal
penalty of an obligor’s certificate of deposit.
Sec. 954. Section 252I.5, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. If an obligor is subject to this chapter under section
252I.2, the unit child support services may initiate an
administrative action to levy against the accounts of the
obligor.
2. The unit Child support services may send a notice to
the financial institution with which the account is placed,
directing that the financial institution forward all or a
portion of the moneys in the obligor’s account or accounts to
the collection services center established pursuant to chapter
252B. The notice shall be sent by regular mail, with proof of
service completed according to rule of civil procedure 1.442.
Sec. 955. Section 252I.5, subsection 3, paragraph g, Code
2023, is amended to read as follows:
g. A telephone number, and address, and contact name of the
for child support recovery unit contact initiating the action
services.
Sec. 956. Section 252I.6, Code 2023, is amended to read as
follows:
252I.6 Administrative levy — notice to support obligor.
1. The unit Child support services may administratively
initiate an action to seize accounts of an obligor who is
subject to this chapter under section 252I.2.
2. The unit Child support services shall notify an obligor
subject to this chapter, and any other party known to have
an interest in the account, of the action. The notice shall
contain all of the following:
-692- a. The name of the obligor.
b. A statement that the obligor is believed to have one or
more accounts at the financial institution.
c. A statement that pursuant to the provisions of this
chapter, the obligor’s accounts are subject to seizure and the
financial institution is authorized and required to forward
moneys to the collection services center.
d. The maximum amount to be forwarded by the financial
institution, which shall not exceed the delinquent or accrued
amount of support owed by the obligor.
e. The prescribed time frames within which the financial
institution must comply.
f. A statement that any challenge to the action shall be
in writing and shall be received by the child support recovery
unit services within ten days of the date of the notice to the
obligor.
g. The address of the collection services center and the
collection services center account number.
h. A telephone number, and address, and contact name for
the child support recovery unit contact initiating the action
services.
3. The unit Child support services shall forward the notice
to the obligor by regular mail within two working days of
sending the notice to the financial institution pursuant to
section 252I.5. Proof of service shall be completed according
to rule of civil procedure 1.442.
Sec. 957. Section 252I.7, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Immediately encumber funds in all accounts in which the
obligor has an interest to the extent of the debt indicated in
the notice from the unit child support services.
2. No sooner than fifteen days, and no later than twenty
days from the date the financial institution receives the
notice under section 252I.5, unless notified by the unit child
support services of a challenge by the obligor or an account
-693-holder of interest, the financial institution shall forward the
moneys encumbered to the collection services center with the
obligor’s name and social security number, collection services
center account number, and any other information required in
the notice.
Sec. 958. Section 252I.8, Code 2023, is amended to read as
follows:
252I.8 Challenges to action.
1. Challenges under this chapter may be initiated only by an
obligor or by an account holder of interest. Actions initiated
by the unit child support services under this chapter are not
subject to chapter 17A, and resulting court hearings following
certification shall be an original hearing before the district
court.
2. The person challenging the action shall submit a written
challenge to the person identified as the contact for the unit
in the notice child support services, within ten working days
of the date of the notice.
3. The unit Child support services shall, upon receipt of
a written challenge, review the facts of the case with the
challenging party. Only a mistake of fact, including but
not limited to, a mistake in the identity of the obligor or
a mistake in the amount of delinquent support due shall be
considered as a reason to dismiss or modify the proceeding.
4. If the unit child support services determines that a
mistake of fact has occurred the unit, child support services
shall proceed as follows:
a. If a mistake in identity has occurred or the obligor is
not delinquent in an amount equal to the payment for one month,
the unit child support services shall notify the financial
institution that the administrative levy has been released.
The unit Child support services shall provide a copy of the
notice to the support obligor by regular mail.
b. If the obligor is delinquent, but the amount of the
delinquency is less than the amount indicated in the notice,
-694-the unit child support services shall notify the financial
institution of the revised amount with a copy of the notice and
issue a copy to the obligor or forward a copy to the obligor
by regular mail. Upon written receipt of instructions from
the unit child support services, the financial institution
shall release the funds in excess of the revised amount to
the obligor and the moneys in the amount of the debt shall be
processed according to section 252I.7.
5. If the unit child support services finds no mistake of
fact, the unit child support services shall provide a notice
to that effect to the challenging party by regular mail. Upon
written request of the challenging party, the unit child
support services shall request a hearing before the district
court in the county in which the underlying support order is
filed.
a. The financial institution shall encumber moneys if the
child support recovery unit services notifies the financial
institution to do so.
b. The clerk of the district court shall schedule a hearing
upon the request by the unit child support services for a
time not later than ten calendar days after the filing of
the request for hearing. The clerk shall mail copies of the
request for hearing and the order scheduling the hearing to
the unit child support services and to all account holders of
interest.
c. If the court finds that there is a mistake of identity or
that the obligor does not owe the delinquent support, the unit
child support services shall notify the financial institution
that the administrative levy has been released.
d. If the court finds that the obligor has an interest in
the account, and the amount of support due was incorrectly
overstated, the unit child support services shall notify the
financial institution to release the excess moneys to the
obligor and remit the remaining moneys in the amount of the
debt to the collection services center for disbursement to the
-695-appropriate recipient.
e. If the court finds that the obligor has an interest
in the account, and the amount of support due is correct,
the financial institution shall forward the moneys to the
collection services center for disbursement to the appropriate
recipient.
f. If the obligor or any other party known to have an
interest in the account fails to appear at the hearing, the
court may find the challenging party in default, shall ratify
the administrative levy, if valid upon its face, and shall
enter an order directing the financial institution to release
the moneys to the unit child support services.
g. Issues related to visitation, custody, or other
provisions not related to levies against accounts are not
grounds for a hearing under this chapter.
h. Support orders shall not be modified under a challenge
pursuant to this section.
i. Any findings in the challenge of an administrative
levy related to the amount of the accruing or accrued support
obligation do not modify the underlying support order.
j. An order entered under this chapter for a levy against
an account of a support obligor has priority over a levy for a
purpose other than the support of the dependents in the court
order being enforced.
6. The support obligor may withdraw the request for
challenge by submitting a written withdrawal to the person
identified as the contact for the unit child support services
in the notice or the unit child support services may withdraw
the administrative levy at any time prior to the court hearing
and provide notice of the withdrawal to the obligor and any
account holder of interest and to the financial institution, by
regular mail.
7. If the financial institution has forwarded moneys to
the collection services center and has deducted a fee from the
moneys of the account, or if any additional fees or costs are
-696-levied against the account, and all funds are subsequently
refunded to the account due to a mistake of fact or ruling
of the court, the child support recovery unit services shall
reimburse the account for any fees assessed by the financial
institution. If the mistake of fact is a mistake in the amount
of support due and any portion of the moneys is retained as
support payments, however, the unit child support services is
not required to reimburse the account for any fees or costs
levied against the account. Additionally, for the purposes
of reimbursement to the account for any fees or costs, each
certificate of deposit is considered a separate account.
Sec. 959. Section 252J.1, Code 2023, is amended to read as
follows:
252J.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Certificate of noncompliance” means a document provided
by the child support recovery unit services certifying that
the named individual is not in compliance with any of the
following:
a. A support order.
b. A written agreement for payment of support entered into
by the unit child support services and the obligor.
c. A subpoena or warrant relating to a paternity or support
proceeding.
2. “Child support services” means child support services
created in section 252B.2.
3. “Department” means the department of health and human
services.
2. 4. “Individual” means a parent, an obligor, or a
putative father in a paternity or support proceeding.
3. 5. “License” means a license, certification,
registration, permit, approval, renewal, or other similar
authorization issued to an individual by a licensing authority
which evidences the admission to, or granting of authority to
-697-engage in, a profession, occupation, business, industry, or
recreation or to operate or register a motor vehicle. “License”
includes licenses for hunting, fishing, boating, or other
recreational activity.
4. 6. “Licensee” means an individual to whom a license has
been issued, or who is seeking the issuance of a license.
5. 7. “Licensing authority” means a county treasurer,
county recorder or designated depositary, the supreme court,
or an instrumentality, agency, board, commission, department,
officer, organization, or any other entity of the state, which
has authority within this state to suspend or revoke a license
or to deny the renewal or issuance of a license authorizing an
individual to register or operate a motor vehicle or to engage
in a business, occupation, profession, recreation, or industry.
6. 8. “Obligor” means a natural person as defined
in section 252G.1 who has been ordered by a court or
administrative authority to pay support.
7. 9. “Subpoena or warrant” means a subpoena or warrant
relating to a paternity or support proceeding initiated or
obtained by the unit child support services or a child support
agency as defined in section 252H.2.
8. 10. “Support” means support or support payments as
defined in section 252D.16, whether established through court
or administrative order.
9. 11. “Support order” means an order for support issued
pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
252H, 598, 600B, or any other applicable chapter, or under
a comparable statute of another state or foreign country as
registered with the clerk of the district court or certified to
the child support recovery unit services.
10. “Unit” means the child support recovery unit created in
section 252B.2.
11. 12. “Withdrawal of a certificate of noncompliance”
means a document provided by the unit child support services
certifying that the certificate of noncompliance is withdrawn
-698-and that the licensing authority may proceed with issuance,
reinstatement, or renewal of an individual’s license.
Sec. 960. Section 252J.2, Code 2023, is amended to read as
follows:
252J.2 Purpose and use.
1. Notwithstanding other statutory provisions to the
contrary, and if an individual has not been cited for contempt
and enjoined from engaging in the activity governed by a
license pursuant to section 598.23A, the unit child support
services may utilize the process established in this chapter
to collect support.
2. For cases in which services are provided by the unit
child support services all of the following apply:
a. An obligor is subject to the provisions of this chapter
if the obligor’s support obligation is being enforced by the
unit child support services, if the support payments required
by a support order to be paid to the clerk of the district
court or the collection services center pursuant to section
598.22 are not paid and become delinquent in an amount equal
to the support payment for three months, and if the obligor’s
situation meets other criteria specified under rules adopted by
the department pursuant to chapter 17A.The criteria specified
by rule shall include consideration of the length of time since
the obligor’s last support payment and the total amount of
support owed by the obligor.
b. An individual is subject to the provisions of this
chapter if the individual has failed, after receiving
appropriate notice, to comply with a subpoena or warrant.
3. Actions initiated by the unit child support services
under this chapter shall not be subject to contested case
proceedings or further review pursuant to chapter 17A and any
resulting court hearing shall be an original hearing before the
district court.
4. Notwithstanding chapter 22, all of the following apply:
a. Information obtained by the unit child support services
-699- under this chapter shall be used solely for the purposes of
this chapter or chapter 252B.
b. Information obtained by a licensing authority shall be
used solely for the purposes of this chapter.
Sec. 961. Section 252J.3, Code 2023, is amended to read as
follows:
252J.3 Notice to individual of potential sanction of license.
The unit Child support services shall proceed in accordance
with this chapter only if the unit child support services sends
a notice to the individual by regular mail to the last known
address of the individual. The notice shall include all of the
following:
1. The address and telephone number of the unit child
support services and the unit the child support services’ case
number.
2. A statement that the obligor is not in compliance with
a support order or the individual has not complied with a
subpoena or warrant.
3. A statement that the individual may request a conference
with the unit child support services to contest the action.
4. A statement that if, within twenty days of mailing of
the notice to the individual, the individual fails to contact
the unit child support services to schedule a conference,
the unit child support services shall issue a certificate of
noncompliance, bearing the individual’s name, social security
number and unit the child support services’ case number, to any
appropriate licensing authority, certifying that the obligor is
not in compliance with a support order or an individual has not
complied with a subpoena or warrant.
5. A statement that in order to stay the issuance of a
certificate of noncompliance the request for a conference shall
be in writing and shall be received by the unit child support
services within twenty days of mailing of the notice to the
individual.
6. The names of the licensing authorities to which the
-700-unit child support services intends to issue a certificate of
noncompliance.
7. A statement that if the unit child support services
issues a certificate of noncompliance to an appropriate
licensing authority, the licensing authority shall initiate
proceedings to refuse to issue or renew, or to suspend or
revoke the individual’s license, unless the unit child support
services provides the licensing authority with a withdrawal of
a certificate of noncompliance.
Sec. 962. Section 252J.4, Code 2023, is amended to read as
follows:
252J.4 Conference.
1. The individual may schedule a conference with the unit
child support services following mailing of the notice pursuant
to section 252J.3, or at any time after service of notice of
suspension, revocation, denial of issuance, or nonrenewal of
a license from a licensing authority, to challenge the unit’s
child support services’ actions under this chapter.
2. The request for a conference shall be made to the unit
child support services, in writing, and, if requested after
mailing of the notice pursuant to section 252J.3, shall be
received by the unit child support services within twenty days
following mailing of the notice.
3. The unit Child support services shall notify the
individual of the date, time, and location of the conference by
regular mail, with the date of the conference to be no earlier
than ten days following issuance of notice of the conference
by the unit child support services, unless the individual and
the unit child support services agree to an earlier date which
may be the same date the individual requests the conference.
If the individual fails to appear at the conference, the
unit child support services shall issue a certificate of
noncompliance.
4. Following the conference, the unit child support
services shall issue a certificate of noncompliance unless any
-701-of the following applies:
a. The unit Child support services finds a mistake in the
identity of the individual.
b. The unit Child support services finds a mistake in
determining that the amount of delinquent support is equal to
or greater than three months.
c. The obligor enters a written agreement with the unit
child support services to comply with a support order, the
obligor complies with an existing written agreement to comply
with a support order, or the obligor pays the total amount of
delinquent support due.
d. Issuance of a certificate of noncompliance is not
appropriate under other criteria established in accordance with
rules adopted by the department pursuant to chapter 17A.
e. The unit Child support services finds a mistake in
determining the compliance of the individual with a subpoena
or warrant.
f. The individual complies with a subpoena or warrant.
5. The unit Child support services shall grant the
individual a stay of the issuance of a certificate of
noncompliance upon receiving a timely written request
for a conference, and if a certificate of noncompliance
has previously been issued, shall issue a withdrawal of a
certificate of noncompliance if the obligor enters into a
written agreement with the unit child support services to
comply with a support order or if the individual complies with
a subpoena or warrant.
6. If the individual does not timely request a conference
or does not comply with a subpoena or warrant or if the
obligor does not pay the total amount of delinquent support
owed within twenty days of mailing of the notice pursuant to
section 252J.3, the unit child support services shall issue a
certificate of noncompliance.
Sec. 963. Section 252J.5, Code 2023, is amended to read as
follows:
-702- 252J.5 Written agreement.
1. If an obligor is subject to this chapter as established
in section 252J.2, subsection 2, paragraph “a”, the obligor
and the unit child support services may enter into a written
agreement for payment of support and compliance which takes
into consideration the obligor’s ability to pay and other
criteria established by rule of the department. The written
agreement shall include all of the following:
a. The method, amount, and dates of support payments by the
obligor.
b. A statement that upon breach of the written agreement
by the obligor, the unit child support services shall issue
a certificate of noncompliance to any appropriate licensing
authority.
2. A written agreement entered into pursuant to this section
does not preclude any other remedy provided by law and shall
not modify or affect an existing support order.
3. Following issuance of a certificate of noncompliance,
if the obligor enters into a written agreement with the unit
child support services, the unit child support services shall
issue a withdrawal of the certificate of noncompliance to any
appropriate licensing authority and shall forward a copy of the
withdrawal by regular mail to the obligor.
Sec. 964. Section 252J.6, Code 2023, is amended to read as
follows:
252J.6 Decision of the unit child support services.
1. If an obligor is not in compliance with a support order
or the individual is not in compliance with a subpoena or
warrant pursuant to section 252J.2, the unit child support
services mails a notice to the individual pursuant to section
252J.3, and the individual requests a conference pursuant to
section 252J.4, the unit child support services shall issue a
written decision if any of the following conditions exists:
a. The individual fails to appear at a scheduled conference
under section 252J.4.
-703- b. A conference is held under section 252J.4.
c. The obligor fails to comply with a written agreement
entered into by the obligor and the unit child support services
under section 252J.5.
2. The unit Child support services shall send a copy of
the written decision to the individual by regular mail at the
individual’s most recent address of record. If the decision
is made to issue a certificate of noncompliance or to withdraw
the certificate of noncompliance, a copy of the certificate
of noncompliance or of the withdrawal of the certificate of
noncompliance shall be attached to the written decision. The
written decision shall state all of the following:
a. That the certificate of noncompliance or withdrawal
of the certificate of noncompliance has been provided to the
licensing authorities named in the notice provided pursuant to
section 252J.3.
b. That upon receipt of a certificate of noncompliance,
the licensing authority shall initiate proceedings to suspend,
revoke, deny issuance, or deny renewal of a license, unless
the licensing authority is provided with a withdrawal of a
certificate of noncompliance from the unit child support
services.
c. That in order to obtain a withdrawal of a certificate of
noncompliance from the unit child support services, the obligor
shall enter into a written agreement with the unit child
support services, comply with an existing written agreement
with the unit child support services, or pay the total amount
of delinquent support owed or the individual shall comply with
a subpoena or warrant.
d. That if the unit child support services issues a written
decision which includes a certificate of noncompliance, that
all of the following apply:
(1) The individual may request a hearing as provided in
section 252J.9, before the district court as follows:
(a) If the action is a result of section 252J.2, subsection
-704-2, paragraph “a”, in the county in which the underlying support
order is filed, by filing a written application to the court
challenging the issuance of the certificate of noncompliance
by the unit child support services and sending a copy of the
application to the unit child support services within the time
period specified in section 252J.9.
(b) If the action is a result of section 252J.2, subsection
2, paragraph “b”, and the individual is not an obligor, in the
county in which the dependent child or children reside if the
child or children reside in Iowa; in the county in which the
dependent child or children last received public assistance if
the child or children received public assistance in Iowa; or
in the county in which the individual resides if the action is
the result of a request from a child support agency in another
state or foreign country.
(2) The individual may retain an attorney at the
individual’s own expense to represent the individual at the
hearing.
(3) The scope of review of the district court shall be
limited to demonstration of a mistake of fact related to the
delinquency of the obligor or the compliance of the individual
with a subpoena or warrant.
3. If the unit child support services issues a certificate
of noncompliance, the unit child support services shall only
issue a withdrawal of the certificate of noncompliance if any
of the following applies:
a. The unit Child support services or the court finds a
mistake in the identity of the individual.
b. The unit Child support services finds a mistake in
determining compliance with a subpoena or warrant.
c. The unit Child support services or the court finds a
mistake in determining that the amount of delinquent support
due is equal to or greater than three months.
d. The obligor enters a written agreement with the unit
child support services to comply with a support order, the
-705-obligor complies with an existing written agreement to comply
with a support order, or the obligor pays the total amount of
delinquent support owed.
e. The individual complies with the subpoena or warrant.
f. Issuance of a withdrawal of the certificate of
noncompliance is appropriate under other criteria in accordance
with rules adopted by the department pursuant to chapter 17A.
Sec. 965. Section 252J.7, subsection 1, Code 2023, is
amended to read as follows:
1. If the individual fails to respond to the notice of
potential license sanction provided pursuant to section 252J.3
or the unit child support services issues a written decision
under section 252J.6 which states that the individual is not
in compliance, the unit child support services shall issue
a certificate of noncompliance to any appropriate licensing
authority.
Sec. 966. Section 252J.8, subsection 2, Code 2023, is
amended to read as follows:
2. In addition to other grounds for suspension, revocation,
or denial of issuance or renewal of a license, a licensing
authority shall include in rules adopted by the licensing
authority as grounds for suspension, revocation, or denial of
issuance or renewal of a license, the receipt of a certificate
of noncompliance from the unit child support services.
Sec. 967. Section 252J.8, subsection 4, paragraph c,
subparagraphs (1), (2), and (3), Code 2023, are amended to read
as follows:
(1) The licensing authority intends to suspend, revoke, or
deny issuance or renewal of an individual’s license due to the
receipt of a certificate of noncompliance from the unit child
support services.
(2) The individual must contact the unit child support
services to schedule a conference or to otherwise obtain a
withdrawal of a certificate of noncompliance.
(3) Unless the unit child support services furnishes a
-706-withdrawal of a certificate of noncompliance to the licensing
authority within thirty days of the issuance of the notice
under this section, the individual’s license will be revoked,
suspended, or denied.
Sec. 968. Section 252J.8, subsection 5, Code 2023, is
amended to read as follows:
5. If the licensing authority receives a withdrawal of
a certificate of noncompliance from the unit child support
services, the licensing authority shall immediately reinstate,
renew, or issue a license if the individual is otherwise in
compliance with licensing requirements established by the
licensing authority.
Sec. 969. Section 252J.9, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Following the issuance of a written decision by the unit
child support services under section 252J.6 which includes
the issuance of a certificate of noncompliance, or following
provision of notice to the individual by a licensing authority
pursuant to section 252J.8, an individual may seek review of
the decision and request a hearing before the district court
as follows:
Sec. 970. Section 252J.9, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. If the action is a result of section 252J.2, subsection
2, paragraph “a”, in the county in which the underlying support
order is filed, by filing an application with the district
court, and sending a copy of the application to the unit by
regular mail child support services.
Sec. 971. Section 252J.9, subsections 2 and 6, Code 2023,
are amended to read as follows:
2. An application shall be filed to seek review of the
decision by the unit child support services or following
issuance of notice by the licensing authority no later than
within thirty days after the issuance of the notice pursuant to
section 252J.8. The clerk of the district court shall schedule
-707-a hearing and mail a copy of the order scheduling the hearing
to the individual and the unit child support services and shall
also mail a copy of the order to the licensing authority, if
applicable. The unit Child support services shall certify a
copy of its written decision and certificate of noncompliance,
indicating the date of issuance, and the licensing authority
shall certify a copy of a notice issued pursuant to section
252J.8, to the court prior to the hearing.
6. If the court finds that the unit child support services
was in error in issuing a certificate of noncompliance,
or in failing to issue a withdrawal of a certificate of
noncompliance, the unit child support services shall issue a
withdrawal of a certificate of noncompliance to the appropriate
licensing authority.
Sec. 972. Section 252K.103, Code 2023, is amended to read
as follows:
252K.103 State tribunal and support enforcement agency.
1. The child Child support recovery unit services when
the unit child support services establishes or modifies an
order, upon ratification by the court, and the court, are the
tribunals of this state.
2. The child Child support recovery unit services created in
section 252B.2 is the support enforcement agency of this state.
Sec. 973. Section 252K.201, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. The individual asserted parentage of a child in the
declaration of paternity registry maintained in this state
by the Iowa department of public health and human services
pursuant to section 144.12A or established paternity by
affidavit under section 252A.3A.
Sec. 974. Section 252K.310, subsection 1, Code 2023, is
amended to read as follows:
1. The child Child support recovery unit services is the
state information agency under this chapter.
Sec. 975. Section 252K.319, subsection 2, unnumbered
-708-paragraph 1, Code 2023, is amended to read as follows:
If neither the obligor, nor the obligee who is an individual,
nor the child resides in this state, upon request from the
support enforcement agency of this state or another state, the
child support recovery unit services or a tribunal of this
state shall:
Sec. 976. Section 252K.703, Code 2023, is amended to read
as follows:
252K.703 Relationship of child support recovery unit services
to United States central authority.
The child Child support recovery unit services of this state
is recognized as the agency designated by the United States
central authority to perform specific functions under the
convention.
Sec. 977. Section 252K.704, Code 2023, is amended to read
as follows:
252K.704 Initiation by child support recovery unit services
of support proceeding under convention.
1. In a support proceeding under this article, the child
support recovery unit services of this state shall:
a. Transmit and receive applications.
b. Initiate or facilitate the institution of a proceeding
regarding an application in a tribunal of this state.
2. The following support proceedings are available to an
obligee under the convention:
a. Recognition or recognition and enforcement of a foreign
support order.
b. Enforcement of a support order issued or recognized in
this state.
c. Establishment of a support order if there is no existing
order, including, if necessary, determination of parentage of a
child.
d. Establishment of a support order if recognition of
a foreign support order is refused under section 252K.708,
subsection 2, paragraph “b”, “d”, or “i”.
-709- e. Modification of a support order of a tribunal of this
state.
f. Modification of a support order of a tribunal of another
state or a foreign country.
3. The following support proceedings are available under
the convention to an obligor against which there is an existing
support order:
a. Recognition of an order suspending or limiting
enforcement of an existing support order of a tribunal of this
state.
b. Modification of a support order of a tribunal of this
state.
c. Modification of a support order of a tribunal of another
state or a foreign country.
4. A tribunal of this state may not require security, bond,
or deposit, however described, to guarantee the payment of
costs and expenses in proceedings under the convention.
Sec. 978. Section 252K.705, subsection 4, Code 2023, is
amended to read as follows:
4. A petitioner filing a direct request is not entitled to
assistance from the child support recovery unit services.
Sec. 979. Section 252K.708, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The child Child support recovery unit services shall take
all appropriate measures to request a child support order for
the obligee if the application for recognition and enforcement
was received under section 252K.704.
Sec. 980. Section 256.1, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Educational supervision over the elementary and secondary
schools under the control of an administrator of a division of
the department of health and human services.
Sec. 981. Section 256.9, subsection 15, Code 2023, is
amended to read as follows:
15. Provide the same educational supervision for the
-710-schools maintained by the director of health and human services
as is provided for the public schools of the state and make
recommendations to the director of health and human services
for the improvement of the educational program in those
institutions.
Sec. 982. Section 256.9, subsection 31, paragraph b, Code
2023, is amended to read as follows:
b. Standards and materials developed shall include materials
which employ developmentally appropriate practices and
incorporate substantial parental involvement. The materials
and standards shall include alternative teaching approaches
including collaborative teaching and alternative dispute
resolution training. The department shall consult with the
child development coordinating council, the state child care
advisory committee established pursuant to section 135.173A,
the department of health and human services, the state board
of regents center for early developmental education, the
area education agencies, the department of human development
and family studies in the college of human sciences at
Iowa state university of science and technology, the early
childhood elementary division of the college of education at
the university of Iowa, and the college of education at the
university of northern Iowa, in developing these standards and
materials.
Sec. 983. Section 256.9, subsection 46, paragraph a, Code
2023, is amended to read as follows:
a. Develop and make available to school districts, examples
of age-appropriate and research-based materials and lists
of resources which parents may use to teach their children
to recognize unwanted physical and verbal sexual advances,
to not make unwanted physical and verbal sexual advances,
to effectively reject unwanted sexual advances, that it is
wrong to take advantage of or exploit another person, about
the dangers of sexual exploitation by means of the internet
including specific strategies to help students protect
-711-themselves and their personally identifiable information
from such exploitation, and about counseling, medical, and
legal resources available to survivors of sexual abuse and
sexual assault, including resources for escaping violent
relationships. The materials and resources shall cover verbal,
physical, and visual sexual harassment, including nonconsensual
sexual advances, and nonconsensual physical sexual contact. In
developing the materials and resource list, the director shall
consult with entities that shall include but not be limited to
the departments of health and human services, public health,
and public safety, education stakeholders, and parent-teacher
organizations. School districts shall provide age-appropriate
and research-based materials and a list of available community
and internet-based resources to parents at registration and
shall also include the age-appropriate and research-based
materials and resource list in the student handbook. School
districts are encouraged to work with their communities to
provide voluntary parent education sessions to provide parents
with the skills and appropriate strategies to teach their
children as described in this subsection. School districts
shall incorporate the age-appropriate and research-based
materials into relevant curricula and shall reinforce the
importance of preventive measures when reasonable with parents
and students.
Sec. 984. Section 256.9, subsection 50, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Convene, in collaboration with the department of public
health and human services, a nutrition advisory panel to
review research in pediatric nutrition conducted in compliance
with accepted scientific methods by recognized professional
organizations and agencies including but not limited to the
institute of medicine. The advisory panel shall submit its
findings and recommendations, which shall be consistent with
the dietary guidelines for Americans published jointly by the
United States department of health and human services and
-712-department of agriculture if in the judgment of the advisory
panel the guidelines are supported by the research findings, in
a report to the state board. The advisory panel may submit to
the state board recommendations on standards related to federal
school food programs if the recommendations are intended to
exceed the existing federal guidelines. The state board
shall consider the advisory panel report when establishing or
amending the nutritional content standards required pursuant
to section 256.7, subsection 29. The director shall convene
the advisory panel by July 1, 2008, and every five years
thereafter to review the report and make recommendations for
changes as appropriate. The advisory panel shall include
but is not limited to at least one Iowa state university
extension nutrition and health field specialist and at least
one representative from each of the following:
Sec. 985. Section 256.11, subsection 5, paragraph j,
subparagraph (1), Code 2023, is amended to read as follows:
(1) One unit of health education which shall include
personal health; food and nutrition; environmental health;
safety and survival skills; consumer health; family life;
age-appropriate and research-based human growth and
development; substance abuse use disorder and nonuse; emotional
and social health; health resources; and prevention and control
of disease, including age-appropriate and research-based
information regarding sexually transmitted diseases, including
HPV and the availability of a vaccine to prevent HPV, and
acquired immune deficiency syndrome.
Sec. 986. Section 256.16, subsection 1, paragraphs b and l,
Code 2023, are amended to read as follows:
b. Include in the professional education program,
preparation that contributes to the education of students
with disabilities and students who are gifted and talented,
preparation in developing and implementing individualized
education programs and behavioral intervention plans,
preparation for educating individuals in the least restrictive
-713-environment and identifying that environment, strategies that
address difficult and violent student behavior and improve
academic engagement and achievement, and preparation in
classroom management addressing high-risk behaviors including
but not limited to behaviors related to substance abuse use
disorder. Preparation required under this paragraph must be
successfully completed before graduation from the practitioner
preparation program.
l. If the rules adopted by the board of educational
examiners for issuance of any type or class of license require
an applicant to complete work in student teaching, pre-student
teaching experiences, field experiences, practicums, clinicals,
or internships, enter into a written contract with any school
district, accredited nonpublic school, preschool registered or
licensed by the department of health and human services, or
area education agency in Iowa, to provide for such work under
terms and conditions as agreed upon by the contracting parties.
The terms and conditions of a written contract entered into
with a preschool pursuant to this paragraph shall require
that a student teacher be under the direct supervision of an
appropriately licensed cooperating teacher who is employed
to teach at the preschool. Students actually teaching or
engaged in preservice licensure activities in a school district
under the terms of such a contract are entitled to the same
protection under section 670.8 as is afforded by that section
to officers and employees of the school district, during the
time such students are so assigned.
Sec. 987. Section 256.35A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. In addition, representatives of the department of
education, the division of vocational rehabilitation of the
department of education workforce development, the department
of public health, the department of health and human services,
the Iowa developmental disabilities council, the division
of insurance of the department of commerce, and the state
-714-board of regents shall serve as ex officio members of the
advisory council. Ex officio members shall work together in
a collaborative manner to serve as a resource to the advisory
council. The council may also form workgroups as necessary
to address specific issues within the technical purview of
individual members.
Sec. 988. Section 256.39, subsection 5, Code 2023, is
amended to read as follows:
5. In developing career pathways program efforts, each
consortium shall make every effort to cooperate with the
juvenile courts, the economic development authority, the
department of workforce development, the department of health
and human services, and the new Iowa schools development
corporation.
Sec. 989. Section 256.46, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. The child is a participant in a substance abuse use
disorder or mental health program.
Sec. 990. Section 256A.2, Code 2023, is amended to read as
follows:
256A.2 Child development coordinating council established.
1. A child development coordinating council is established
to promote the provision of child development services to
at-risk three-year-old and four-year-old children. The council
shall consist of the following members:
a. The administrator of the division of adult, children
and family services of the department of human services or the
administrator’s designee.
b. a. The director of the department of education or the
director’s designee.
c. b. The director of health and human services or the
director’s designee.
d. The director of the department of public health or the
director’s designee.
e. c. An early childhood specialist of an area education
-715-agency selected by the area education agency administrators.
f. d. The dean of the college of human sciences at Iowa
state university of science and technology or the dean’s
designee.
g. e. The dean of the college of education from the
university of northern Iowa or the dean’s designee.
h. f. The professor and head of the department of
pediatrics at the university of Iowa or the professor’s
designee.
i. g. A resident of this state who is a parent of a child
who is or has been served by a federal head start program.
2. Staff assistance for the council shall be provided by
the department of education. Members of the council shall be
reimbursed for actual and necessary expenses incurred while
engaged in their official duties and shall receive per diem
compensation at the level authorized under section 7E.6,
subsection 1, paragraph “a”.
Sec. 991. Section 256B.2, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. For those children who cannot adapt to the regular
educational or home living conditions, and who are attending
facilities under chapters 263, 269, and 270, upon the request
of the board of directors of an area education agency,
the department of health and human services shall provide
residential or detention facilities and the area education
agency shall provide special education programs and services.
The area education agencies shall cooperate with the board of
regents to provide the services required by this chapter.
Sec. 992. Section 256B.3, subsection 9, Code 2023, is
amended to read as follows:
9. To cooperate with existing agencies such as the
department of health and human services, the Iowa department of
public health, the Iowa school for the deaf, the Iowa braille
and sight saving school, the children’s hospitals, or other
agencies concerned with the welfare and health of children
-716-requiring special education in the coordination of their
educational activities for such children.
Sec. 993. Section 256B.5, Code 2023, is amended to read as
follows:
256B.5 Information available upon request by bureau.
The Iowa department of public health and human services
shall furnish to the state bureau of special education
upon request information obtained from birth certificates
relative to the name, address, and disability of any case of
developmental disability. The state child health specialty
clinics of the university of Iowa shall upon request furnish to
the state bureau of special education the name, address, and
disability of all children of their register.
Sec. 994. Section 256B.10, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of education shall work with the state
school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health and human
services for purposes of coordinating, developing, and
disseminating resources for use by parents or guardians, early
hearing detection and intervention programs, the state school
for the deaf, area education agencies, school districts, and
accredited nonpublic schools to inform deaf and hard-of-hearing
children’s expressive and receptive language acquisition or
development.
Sec. 995. Section 256B.10, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of education, in consultation with the state
school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health and human
services, shall select existing tools or assessments that may
be used by qualified educators to assess American sign language
and English language and literacy development of deaf and
-717-hard-of-hearing children from birth through age eight.
Sec. 996. Section 256B.10, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. The department of education shall work with the early
hearing detection and intervention program in the Iowa
department of public health and human services, the state
school for the deaf, and the area education agencies when
developing the guidelines. The department of education,
in consultation with the Iowa school for the deaf, shall
administer the family support mentoring program for deaf or
hard-of-hearing children.
Sec. 997. Section 256B.10, subsection 5, paragraph d,
subparagraph (5), Code 2023, is amended to read as follows:
(5) Reach out to parents of children identified through
the early hearing detection and intervention program in the
Iowa department of public health and human services and share
information about the family support mentoring program services
available to such parents.
Sec. 998. Section 256B.10, subsection 5, paragraph e, Code
2023, is amended to read as follows:
e. The department of education shall coordinate family
support mentoring activities with the early hearing detection
and intervention program in the Iowa department of public
health and human services, the state school for the deaf, the
area education agencies, and nonprofit organizations that
provide family support mentoring to parents with deaf or
hard-of-hearing children.
Sec. 999. Section 256B.15, subsections 7, 9, and 10, Code
2023, are amended to read as follows:
7. The area education agencies shall transfer to the
department of health and human services an amount equal to
the nonfederal share of the payments to be received from the
medical assistance program pursuant to chapter 249A. The
nonfederal share amount shall be transferred to the medical
assistance account prior to claims payment. This requirement
-718-does not apply to medical assistance reimbursement for
services provided by an area education agency under part C
of the federal Individuals With Disabilities Education Act.
Funds received under this section shall not be considered or
included as part of the area education agencies’ budgets when
calculating funds that are to be received by area education
agencies during a fiscal year.
9. The department of education and the department of health
and human services shall adopt rules to implement this section.
10. The department of health and human services shall offer
assistance to the area education agencies in the identification
of children eligible for reimbursement for services under this
section.
Sec. 1000. Section 256I.1, Code 2023, is amended to read as
follows:
256I.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Department” means the department of management health
and human services.
2. “Desired results” means the set of desired results for
improving the quality of life in this state for young children
and their families identified in section 256I.2.
3. “Early care”, “early care services”, or “early care
system” means the programs, services, support, or other
assistance made available to a parent or other person who is
involved with addressing the health and education needs of a
child from zero through age five. “Early care”, “early care
services”, or “early care system” includes but is not limited to
public and private efforts and formal and informal settings.
4. “Early childhood Iowa area” means a geographic area
designated in accordance with this chapter.
5. “Early childhood Iowa area board” or “area board”
means the board for an early childhood Iowa area created in
accordance with this chapter.
-719- 6. “Early childhood Iowa program” or “program” means the
early childhood Iowa program established in section 256I.5.
6. 7. “Early childhood Iowa state board” or “state board”
means the early childhood Iowa state board created in section
256I.3.
Sec. 1001. Section 256I.3, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The board shall consist of twenty-one nineteen voting
members with fifteen citizen members and six four state agency
members. The six state agency members shall be the directors
or their designees of the following agencies: economic
development authority, education, human rights, health and
human services, public health, and workforce development.
The designees of state agency directors shall be selected on
an annual basis. The citizen members shall be appointed by
the governor, subject to confirmation by the senate. The
governor’s appointments of citizen members shall be made in
a manner so that each of the state’s congressional districts
is represented by at least two citizen members and so that
all the appointments as a whole reflect the ethnic, cultural,
social, and economic diversity of the state. A member of the
state board shall not be a provider of services or other entity
receiving funding through the early childhood Iowa initiative
or be employed by such a provider or other entity.
Sec. 1002. Section 256I.4, subsection 15, Code 2023, is
amended to read as follows:
15. Work with the early childhood Iowa office program
in building public-private partnerships for promoting the
collaborative early care, education, health, and human services
system.
Sec. 1003. Section 256I.5, subsection 2, Code 2023, is
amended to read as follows:
2. An early childhood Iowa office program is established
in the department to provide leadership for facilitation,
communication, and coordination for the early childhood Iowa
-720-initiative activities and funding and for improvement of the
early care, education, health, and human services systems. An
administrator for the early childhood Iowa office program shall
be appointed by the director of the department. Other staff
may also be designated, subject to appropriation made for this
purpose.
Sec. 1004. Section 256I.5, subsection 4, Code 2023, is
amended to read as follows:
4. The office program shall work with the state and
area boards to provide leadership for comprehensive system
development. The office program shall also do all of the
following:
a. Enter into memoranda of agreement with the departments
of education, human rights, human services, public health, and
workforce development and the economic development authority to
formalize the commitments of the respective departments and the
authority to collaborating with and integrating a comprehensive
early care, education, health, and human services system.
Items addressed in the memoranda shall include but are not
limited to data sharing and providing staffing to the technical
assistance team.
b. Work with private businesses, foundations, and nonprofit
organizations to develop sustained funding.
c. Maintain the internet site in accordance with section
256I.10.
d. Propose any needed revisions to administrative rules
based on stakeholder input.
e. Provide technical support to the state and area boards
and to the early childhood Iowa areas through staffing services
made available through the state agencies that serve on the
state board.
f. Develop, collect, disseminate, and provide guidance for
common performance measures for the programs receiving funding
under the auspices of the area boards.
g. If a disagreement arises within an early childhood Iowa
-721-area regarding the interests represented on the area’s board,
board decisions, or other disputes that cannot be locally
resolved, upon request, provide state or regional technical
assistance as deemed appropriate by the office program to
assist the area in resolving the disagreement.
Sec. 1005. Section 256I.11, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A school ready children grants account is created in the
fund under the authority of the director of the department of
education. Moneys credited to the account are appropriated
to and shall be distributed by the department of education in
the form of grants to early childhood Iowa areas pursuant to
criteria established by the state board in accordance with law.
Sec. 1006. Section 256I.11, subsection 4, paragraphs a, b,
and c, Code 2023, are amended to read as follows:
a. An early childhood programs grant account is created in
the fund under the authority of the director of the department
of human services. Moneys credited to the account are
appropriated to and shall be distributed by the department of
human services in the form of grants to early childhood Iowa
areas pursuant to criteria established by the state board in
accordance with law. The criteria shall include but are not
limited to a requirement that an early childhood Iowa area must
be designated by the state board in order to be eligible to
receive an early childhood programs grant.
b. An early childhood Iowa area receiving funding from
the early childhood programs grant account shall comply with
any federal reporting requirements associated with the use
of that funding and other results and reporting requirements
established by the state board. The department of human
services shall provide technical assistance in identifying and
meeting the federal requirements. The availability of funding
provided from the account is subject to changes in federal
requirements and amendments to Iowa law.
c. The moneys distributed from the early childhood programs
-722-grant account shall be used by early childhood Iowa areas
for the purposes of enhancing quality child care capacity in
support of parent capability to obtain or retain employment.
The moneys shall be used with a primary emphasis on low-income
families and children from zero to age five. Moneys shall be
provided in a flexible manner and shall be used to implement
strategies identified by the early childhood Iowa area to
achieve such purposes. The department of human services may
use a portion of the funding appropriated to the department
under this subsection for provision of technical assistance and
other support to the early childhood Iowa areas developing and
implementing strategies with grant moneys distributed from the
account.
Sec. 1007. Section 256I.11, subsection 5, Code 2023, is
amended to read as follows:
5. A first years first account is created in the fund under
the authority of the department of management. The account
shall consist of gift or grant moneys obtained from any source,
including but not limited to the federal government. Moneys
credited to the account are appropriated to the department to
be used for the early childhood-related purposes for which the
moneys were received.
Sec. 1008. Section 256I.12, subsections 6 and 7, Code 2023,
are amended to read as follows:
6. Steering committee. The early childhood stakeholders
alliance shall operate with a steering committee to organize,
manage, and coordinate the activities of the alliance and its
component groups. The steering committee may act on behalf of
the alliance as necessary. The steering committee membership
shall consist of the co-chairpersons of the alliance’s
component groups, the administrator of the early childhood Iowa
office program, and other leaders designated by the alliance.
7. Component groups. The early childhood stakeholders
alliance shall maintain component groups to address the
key components of the Iowa early childhood system. Each
-723-component group shall have one private and one public agency
co-chairperson. The alliance may change the component groups
as deemed necessary by the alliance. Initially, there shall
be a component group for each of the following: The component
groups shall implement the strategic plan created pursuant to
section 256I.4.
a. Governance planning and administration.
b. Professional development.
c. Public engagement.
d. Quality services and programs.
e. Resources and funding.
f. Results accountability.
Sec. 1009. Section 256I.13, subsection 1, Code 2023, is
amended to read as follows:
1. In order to implement the legislative intent stated in
sections 135.106 and 256I.9, that priority for family support
program funding be given to programs using evidence-based or
promising models for family support, it is the intent of the
general assembly that by July 1, 2016, ninety percent of state
funds expended for family support programs shall be used for
evidence-based or promising program models. The remaining ten
percent of funds may be used for innovative program models that
do not yet meet the definition of evidence-based or promising
programs.
Sec. 1010. Section 256I.13, subsection 3, paragraphs b and
e, Code 2023, are amended to read as follows:
b. The data on families served that is collected by the
family support programs funded through the early childhood
Iowa initiative shall include but is not limited to basic
demographic information, services received, funding utilized,
and program outcomes for the children and families served. The
state board shall adopt performance benchmarks for the family
support programs and shall revise the Iowa family support
credential to incorporate the performance benchmarks on or
before January 1, 2014.
-724- e. The state board shall develop a plan to implement a
coordinated intake and referral process for publicly funded
family support programs in order to engage the families
expecting a child or with newborn and infant children through
age five in all communities in the state by July 1, 2015.
Sec. 1011. Section 257.11, subsection 4, paragraph e,
subparagraphs (2) and (3), Code 2023, are amended to read as
follows:
(2) The pupil is not in a court-ordered placement under
chapter 232 under the care and custody of the department of
health and human services or juvenile court services.
(3) The pupil is not in the state training school pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services.
Sec. 1012. Section 257.41, subsection 4, paragraphs b and c,
Code 2023, are amended to read as follows:
b. The student is not in a court-ordered placement under
chapter 232 under the care and custody of the department of
health and human services or juvenile court services.
c. The student is not in the state training school pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services.
Sec. 1013. Section 260C.40, Code 2023, is amended to read
as follows:
260C.40 Prohibition of controlled substances.
Each community college shall adopt a policy that prohibits
unlawful possession, use, or distribution of controlled
substances by students and employees on property owned
or leased by the community college or in conjunction with
activities sponsored by a community college. Each community
college shall provide information about the policy to all
students and employees. The policy shall include a clear
statement of sanctions for violation of the policy and
information about available drug or alcohol counseling and
rehabilitation programs. In carrying out this policy, the
-725-community college shall provide substance abuse use disorder
prevention programs for students and employees.
Sec. 1014. Section 261.2, subsection 6, Code 2023, is
amended to read as follows:
6. Develop and implement, in cooperation with the
department of health and human services and the judicial
branch, a program to assist juveniles who are sixteen years of
age or older and who have a case permanency plan under chapter
232 or 237 or are otherwise under the jurisdiction of chapter
232 in applying for federal and state aid available for higher
education.
Sec. 1015. Section 261.9, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Adopts a policy that prohibits unlawful possession,
use, or distribution of controlled substances by students and
employees on property owned or leased by the institution or
in conjunction with activities sponsored by the institution.
Each institution shall provide information about the policy
to all students and employees. The policy shall include a
clear statement of sanctions for violation of the policy
and information about available drug or alcohol counseling
and rehabilitation programs. In carrying out this policy,
an institution shall provide substance abuse use disorder
prevention programs for students and employees.
Sec. 1016. Section 261.71, subsection 3, Code 2023, is
amended to read as follows:
3. For purposes of this section “graduate student” means
a student who has completed at least ninety semester hours,
or the trimester or quarter equivalent, of postsecondary
course work at a public higher education institution or at an
accredited private institution, as defined under section 261.9.
“Underserved area” means a geographical area included on the
Iowa governor’s health practitioner shortage area list, which
is compiled by the center for rural health and primary care
of the Iowa department of public health and human services.
-726-The commission shall adopt rules, consistent with rules used
for students enrolled in higher education institutions under
the control of the state board of regents, for purposes of
determining Iowa residency status of graduate students under
this section. The commission shall also adopt rules which
provide standards, guidelines, and procedures for the receipt,
processing, and administration of student applications and
loans under this section.
Sec. 1017. Section 261.87, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. “Eligible foster care student” means a person who has a
high school diploma or a high school equivalency diploma under
chapter 259A and is described by any of the following:
(1) Is age seventeen and is in a court-ordered placement
under chapter 232 under the care and custody of the department
of health and human services or juvenile court services.
(2) Is age seventeen and has been placed in a state juvenile
institution pursuant to a court order entered under chapter
232 under the care and custody of the department of health and
human services.
(3) Is described by any of the following:
(a) On the date the person reached age eighteen or during
the thirty calendar days preceding or succeeding that date,
the person was in a licensed foster care placement pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services or
juvenile court services.
(b) On the date the person reached age eighteen or during
the thirty calendar days preceding or succeeding that date, the
person was under a court order under chapter 232 to live with a
relative or other suitable person.
(c) The person was in a licensed foster care placement
pursuant to an order entered under chapter 232 prior to being
legally adopted after reaching age sixteen.
(d) On the date the person reached age eighteen or during
-727-the thirty calendar days preceding or succeeding that date,
the person was placed in a state juvenile institution pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services.
Sec. 1018. Section 262.9A, Code 2023, is amended to read as
follows:
262.9A Prohibition of controlled substances.
The state board of regents shall adopt a policy that
prohibits unlawful possession, use, or distribution of
controlled substances by students and employees on property
owned or leased by an institution or in conjunction with
activities sponsored by an institution governed by the board.
Each institution shall provide information about the policy
to all students and employees. The policy shall include a
clear statement of sanctions for violation of the policy
and information about available drug or alcohol counseling
and rehabilitation programs. In carrying out this policy,
the institutions shall provide substance abuse use disorder
prevention programs for students and employees.
Sec. 1019. Section 262.70, Code 2023, is amended to read as
follows:
262.70 Education, prevention, and research programs in mental
health and disability services.
The division of mental health and disability services of
the department of health and human services may contract with
the board of regents or any institution under the board’s
jurisdiction to establish and maintain programs of education,
prevention, and research in the fields of mental health,
intellectual disability, developmental disabilities, and
brain injury. The board may delegate responsibility for these
programs to the state psychiatric hospital, the university
hospital, or any other appropriate entity under the board’s
jurisdiction.
Sec. 1020. Section 262.71, Code 2023, is amended to read as
follows:
-728- 262.71 Center for early development education.
The board of regents shall develop a center for early
development education at one of the regents institutions
specified in section 262.7, subsections 1 through 3. The
center’s programs shall be conducted in a laboratory school
setting to serve as a model for early childhood education.
The programs shall include, but not be limited to, programs
designed to accommodate the needs of at-risk children. The
teacher education programs at all three state universities
shall cooperate in developing the center and its programs. The
center’s programs shall take a holistic approach and the center
shall, in developing its programs, consult with representatives
from each of the following agencies, institutions, or groups:
1. The university of northern Iowa.
2. Iowa state university.
3. The university of Iowa.
4. The division of child and family services of the
department of human services.
5. The department of public health.
6. 4. The department of health and human services.
7. 5. An early childhood development specialist from an
area education agency.
8. 6. A parent of a child in a head start program.
9. 7. The department of education.
10. 8. The child development coordinating council.
Sec. 1021. Section 262.78, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The center shall cooperate with the center for rural
health and primary care, established under department of health
and human services pursuant to section 135.107, the center
for health effects of environmental contamination established
pursuant to section 263.17, and the department of agriculture
and land stewardship. The agencies shall coordinate programs
to the extent practicable.
3. The president of the university of Iowa, in consultation
-729-with the president of Iowa state university of science and
technology, shall employ a full-time director of the center.
The center may employ staff to carry out the center’s purpose.
The director shall coordinate the agricultural health and
safety programs of the center. The director shall regularly
meet and consult with the center for rural health and primary
care department of health and human services pursuant to
section 135.107. The director shall provide the board of
regents with relevant information regarding the center.
Sec. 1022. Section 263.8, subsection 2, Code 2023, is
amended to read as follows:
2. In addition to its regular work, the state hygienic
laboratory shall perform without charge all bacteriological,
serological, and epidemiological examinations and
investigations which may be required by the Iowa department of
public health and human services and the department shall adopt
rules pursuant to chapter 17A therefor for the examinations
and investigations. The laboratory shall also provide, those
laboratory, scientific field measurement, and environmental
quality services which, by contract, are requested by the other
agencies of government.
Sec. 1023. Section 263.10, Code 2023, is amended to read as
follows:
263.10 Persons admitted.
Every resident of the state who is not more than twenty-one
years of age, who has such severe disabilities as to be unable
to acquire an education in the public or accredited nonpublic
schools, and every such person who is twenty-one and under
thirty-five years of age who has the consent of the state board
of regents, shall be entitled to receive an education, care,
and training in the university of Iowa hospitals and clinics
center for disabilities and development, and nonresidents
similarly situated may be entitled to an education and care at
the center upon such terms as may be fixed by the state board
of regents. The fee for nonresidents shall be not less than
-730-the average expense of resident pupils and shall be paid in
advance. Residents and persons under the care and control of a
director of a division of the department of health and human
services who have severe disabilities may be transferred to the
center upon such terms as may be agreed upon by the state board
of regents and the director of health and human services.
Sec. 1024. Section 263.17, subsection 2, paragraph a,
subparagraph (10), Code 2023, is amended to read as follows:
(10) The Iowa department of public health and human
services.
Sec. 1025. Section 263.17, subsection 7, Code 2023, is
amended to read as follows:
7. The center shall cooperate with the center for rural
health and primary care, established under department of
health and human services pursuant to section 135.107, the
center for agricultural safety and health established under
section 262.78, and the department of agriculture and land
stewardship. The agencies shall coordinate programs to the
extent practicable.
Sec. 1026. Section 263.21, Code 2023, is amended to read as
follows:
263.21 Transfer of patients from state institutions.
The director of the department of health and human services,
in respect to institutions under the director’s control, the
administrator of any of the divisions of the department, in
respect to the institutions under the administrator’s control,
the director of the department of corrections, in respect to
the institutions under the department’s control, and the state
board of regents, in respect to the Iowa braille and sight
saving school and the Iowa school for the deaf, may send any
inmate, student, or patient of an institution, or any person
committed or applying for admission to an institution, to
the university of Iowa hospitals and clinics for treatment
and care. The department of health and human services, the
department of corrections, and the state board of regents shall
-731-respectively pay the traveling expenses of such patient, and
when necessary the traveling expenses of an attendant for
the patient, out of funds appropriated for the use of the
institution from which the patient is sent.
Sec. 1027. Section 263B.7, Code 2023, is amended to read as
follows:
263B.7 Ancient remains.
The state archaeologist has the primary responsibility
for investigating, preserving, and reinterring discoveries
of ancient human remains. For the purposes of this section,
ancient human remains are those remains found within the state
which are more than one hundred fifty years old. The state
archaeologist shall make arrangements for the services of a
forensic osteologist in studying and interpreting ancient
burials and may designate other qualified archaeologists to
assist the state archaeologist in recovering physical and
cultural information about the ancient burials. The state
archaeologist shall file with the Iowa department of public
health and human services a written report containing both
physical and cultural information regarding the remains at the
conclusion of each investigation.
Sec. 1028. Section 272C.1, subsection 6, paragraph ad, Code
2023, is amended to read as follows:
ad. The director of public health and human services in
certifying emergency medical care providers and emergency
medical care services pursuant to chapter 147A.
Sec. 1029. Section 272C.3, subsection 1, paragraph k, Code
2023, is amended to read as follows:
k. Establish a licensee review committee for the purpose
of evaluating and monitoring licensees who are impaired as
a result of alcohol or drug abuse substance use disorder,
dependency, or addiction, or by any mental or physical disorder
or disability, and who self-report the impairment to the
committee, or who are referred by the board to the committee.
Members of the committee shall receive actual expenses for the
-732-performance of their duties and shall be eligible to receive
per diem compensation pursuant to section 7E.6. The board
shall adopt rules for the establishment and administration of
the committee, including but not limited to establishment of
the criteria for eligibility for referral to the committee and
the grounds for disciplinary action for noncompliance with
committee decisions. Information in the possession of the
board or the licensee review committee, under this paragraph,
shall be subject to the confidentiality requirements of section
272C.6. Referral of a licensee by the board to a licensee
review committee shall not relieve the board of any duties
of the board and shall not divest the board of any authority
or jurisdiction otherwise provided. A licensee who violates
section 272C.10 or the rules of the board while under review by
the licensee review committee shall be referred to the board
for appropriate action.
Sec. 1030. Section 272C.6, subsection 6, paragraph b, Code
2023, is amended to read as follows:
b. The department of agriculture and land stewardship, the
department of commerce insurance and financial services, the
department of inspections, appeals, and licensing, and the Iowa
department of public health and human services shall each adopt
rules pursuant to chapter 17A which provide for the allocation
of fees and costs collected pursuant to this section to the
board under its jurisdiction collecting the fees and costs.
The fees and costs shall be considered repayment receipts as
defined in section 8.2.
Sec. 1031. Section 279.49, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. The board of directors of a school corporation may
operate or contract for the operation of a program to provide
child care to children not enrolled in school or to students
enrolled in kindergarten through grade six before and after
school, or to both. Programs operated or contracted by a
board shall be licensed by the department of health and human
-733-services under chapter 237A as a child care center unless
the program is exempt from licensure under chapter 237A.
Notwithstanding requirements of the department of health and
human services regarding space allocated to child care centers
licensed under chapter 237A, a program operated or contracted
by a board which is located on school grounds may define
alternative spaces, in policy and procedures, appropriate to
meet the needs of children in the program if the primary space
is required for another use.
3. The facilities housing a program operated under this
section shall comply with standards adopted by the state fire
marshal for school buildings under chapter 100. In addition,
if a program involves children who are younger than school
age, the facilities housing those children shall meet the fire
safety standards which would apply to that age of child in a
child care facility licensed by the department of health and
human services.
Sec. 1032. Section 279.50, subsection 8, Code 2023, is
amended to read as follows:
8. The department of education shall identify and
disseminate information about early intervention programs
for students who are at the greatest risk of suffering from
the problem of dropping out of school, substance abuse use
disorder, adolescent pregnancy, or suicide.
Sec. 1033. Section 279.60, subsection 2, Code 2023, is
amended to read as follows:
2. The school district shall also collect information from
each parent, guardian, or legal custodian of a kindergarten
student enrolled in the district on whether the student
attended preschool. Each school district shall report the
preschool information collected to the department of education
in the manner prescribed by the department not later than
January 1 of that school year. The early childhood Iowa office
program in the department of management health and human
services shall have access to the raw data. The department of
-734-education shall review the information submitted pursuant to
this section and shall submit its findings and recommendations
annually in a report to the governor, the general assembly, the
early childhood Iowa state board, and the early childhood Iowa
area boards.
Sec. 1034. Section 279.76, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. “Emergent care situation” means a sudden or unforeseen
occurrence or onset of a medical or behavioral condition that
could result in serious injury or harm to a student or others
in the event immediate medical attention is not provided.
“Emergent care situation” includes the need to screen a student
or others for symptoms or exposures during an outbreak or
public health event of concern as designated by the department
of public health and human services.
Sec. 1035. Section 280.13C, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The department of public health and human services, the
Iowa high school athletic association, and the Iowa girls high
school athletic union shall work together to develop training
materials and courses regarding concussions and brain injuries,
including training regarding evaluation, prevention, symptoms,
risks, and long-term effects of concussions and brain injuries.
Each coach or contest official shall complete such training at
least every two years.
Sec. 1036. Section 280.13C, subsection 4, Code 2023, is
amended to read as follows:
4. Guidelines and information sheet.
a. The department of public health and human services, the
Iowa high school athletic association, and the Iowa girls high
school athletic union shall work together to distribute the
guidelines of the centers for disease control and prevention
of the United States department of health and human services
and other pertinent information to inform and educate coaches,
students, and the parents and guardians of students of the
-735-risks, signs, symptoms, and behaviors consistent with a
concussion or brain injury, including the danger of continuing
to participate in extracurricular interscholastic activities
after suffering a concussion or brain injury and their
responsibility to report such signs, symptoms, and behaviors
if they occur.
b. For school years beginning on or after July 1, 2018,
each school district and nonpublic school shall provide to the
parent or guardian of each student in grades seven through
twelve a concussion and brain injury information sheet,
as provided by the department of public health and human
services, the Iowa high school athletic association, and the
Iowa girls high school athletic union. The student and the
student’s parent or guardian shall sign and return a copy
of the concussion and brain injury information sheet to the
student’s school prior to the student’s participation in any
extracurricular interscholastic activity.
Sec. 1037. Section 280.13C, subsection 6, paragraph a, Code
2023, is amended to read as follows:
a. The department of public health and human services, in
cooperation with the Iowa high school athletic association
and the Iowa girls high school athletic union, shall develop
a return-to-play protocol based on peer-reviewed scientific
evidence consistent with the guidelines of the centers for
disease control and prevention of the United States department
of health and human services, for a student’s return to
participation in any extracurricular interscholastic activity
after showing signs, symptoms, or behaviors consistent with a
concussion or brain injury. The department of public health
and human services shall adopt the return-to-play protocol
by rule pursuant to chapter 17A. The board of directors
of each school district and the authorities in charge of
each accredited nonpublic school with enrolled students who
participate in an extracurricular interscholastic activity
which is a contest in grades seven through twelve shall adopt
-736-such protocol by July 1, 2019.
Sec. 1038. Section 280.16, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. “Bronchodilator” means a bronchodilator as recommended
by the department of public health and human services for
treatment of a student’s respiratory distress, asthma, or other
airway constricting disease.
Sec. 1039. Section 280.16, subsection 7, Code 2023, is
amended to read as follows:
7. The Iowa braille and sight saving school, the Iowa school
for the deaf, and the institutions under the control of the
department of health and human services as provided in section
218.1 are exempt from the provisions of this section.
Sec. 1040. Section 280.17, subsection 1, Code 2023, is
amended to read as follows:
1. The board of directors of a school district and the
authorities in charge of a nonpublic school shall prescribe
procedures, in accordance with the guidelines contained in
the model policy developed by the department of education in
consultation with the department of health and human services,
and adopted by the department of education pursuant to chapter
17A, for the handling of reports of child abuse, as defined in
section 232.68, subsection 2, paragraph “a”, subparagraph (1),
(3), or (5), alleged to have been committed by an employee or
agent of the public or nonpublic school.
Sec. 1041. Section 280.25, subsection 1, Code 2023, is
amended to read as follows:
1. The board of directors of each public school and the
authorities in charge of each accredited nonpublic school
shall adopt a policy and the superintendent of each public
school shall adopt rules which provide that the school
district or school may share information contained within a
student’s permanent record pursuant to an interagency agreement
with state and local agencies that are part of the juvenile
justice system. These agencies include, but are not limited
-737-to, juvenile court services, the department of health and
human services, and local law enforcement authorities. The
disclosure of information shall be directly related to the
juvenile justice system’s ability to effectively serve, prior
to adjudication, the student whose records are being released.
Sec. 1042. Section 280.29, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Enter into a memorandum of understanding with the
department of health and human services regarding the exchange
of information as appropriate to facilitate the enrollment
transition of children adjudicated under chapter 232 or
receiving foster care services from one school to another
school.
Sec. 1043. Section 280.32, subsections 3 and 6, Code 2023,
are amended to read as follows:
3. Radon testing pursuant to this section conducted on and
after July 1, 2022, shall be conducted by a person certified
to conduct such testing pursuant to section 136B.1 or by
district employees that have completed a school radon testing
training program approved by the department of education and
the department of public health and human services. District
employees that have completed training shall not perform
testing services in locations other than the employee’s
employing district. The department of public health and human
services shall maintain and make available to school districts
a list of such approved school radon testing training programs.
Testing shall be based on recognized national standards that
outline school radon testing practices.
6. In consultation with appropriate stakeholders and the
department of education, the department of public health and
human services shall adopt rules to administer this section.
Sec. 1044. Section 280A.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Behavioral health screening” or “screening” means a
screening and assessment performed using a universal behavioral
-738-health screening and assessment tool, approved for use by the
department of education in consultation with the department of
public health and the department of human services, to identify
factors that place children at higher risk for behavioral
health conditions, to determine appropriate treatment or
intervention, and to identify the need for referral for
appropriate services.
Sec. 1045. Section 282.18, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. If a request to transfer is due to a change in family
residence, a change in a child’s residence from the residence
of one parent or guardian to the residence of a different
parent or guardian, a change in the state in which the family
residence is located, a change in a child’s parents’ marital
status, a guardianship proceeding, placement in foster care,
adoption, participation in a foreign exchange program, or
participation in a substance abuse use disorder or mental
health treatment program, and the child who is the subject of
the request is enrolled in any grade from kindergarten through
grade twelve or who is a prekindergarten student enrolled in a
special education program at the time of the request and is not
currently using any provision of open enrollment, the parent or
guardian of the child shall have the option to have the child
remain in the child’s original district of residence under open
enrollment with no interruption in the child’s educational
program. If a parent or guardian exercises this option, the
child’s new district of residence is not required to pay the
amount calculated in subsection 5 or 6, as applicable, until
the start of the first full year of enrollment of the child.
Sec. 1046. Section 282.18, subsection 9, paragraph a,
subparagraph (8), Code 2023, is amended to read as follows:
(8) If the pupil participates in open enrollment because
of circumstances that meet the definition of good cause. For
purposes of this subparagraph, “good cause” means a change in a
child’s residence due to a change in family residence, a change
-739-in a child’s residence from the residence of one parent or
guardian to the residence of a different parent or guardian, a
change in the state in which the family residence is located,
a change in a child’s parents’ marital status, a guardianship
or custody proceeding, placement in foster care, adoption,
participation in a foreign exchange program, initial placement
of a prekindergarten student in a special education program
requiring specially designed instruction, or participation
in a substance abuse use disorder or mental health treatment
program, a change in the status of a child’s resident district
such as removal of accreditation by the state board, surrender
of accreditation, or permanent closure of a nonpublic school,
revocation of a charter school contract as provided in section
256E.10 or 256F.8, the failure of negotiations for a whole
grade sharing, reorganization, dissolution agreement, or the
rejection of a current whole grade sharing agreement, or
reorganization plan.
Sec. 1047. Section 282.19, Code 2023, is amended to read as
follows:
282.19 Child living in substance abuse use disorder or foster
care placement.
1. A child who is living in a facility that provides
residential treatment as “facility” is defined in section
125.2, which is located in a school district other than the
school district in which the child resided before entering the
facility may enroll in and attend an accredited school in the
school district in which the child is living.
2. A child who is living in a licensed individual or agency
child foster care facility, as defined in section 237.1, or
in an unlicensed relative foster care placement, shall remain
enrolled in and attend an accredited school in the school
district in which the child resided and is enrolled at the
time of placement, unless it is determined by the juvenile
court or the public or private agency of this state that has
responsibility for the child’s placement that remaining in such
-740-school is not in the best interests of the child. If such
a determination is made, the child may attend an accredited
school located in the school district in which the child is
living and not in the school district in which the child
resided prior to receiving foster care.
3. The instructional costs for students who do not require
special education shall be paid as provided in section 282.31,
subsection 1, paragraph “b”, or for students who require
special education shall be paid as provided in section 282.31,
subsection 2 or 3.
Sec. 1048. Section 282.27, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The child is not placed by the department of health and
human services or a court in a day program treatment program in
such psychiatric unit or institution.
Sec. 1049. Section 282.27, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The child is not placed by the department of health and
human services or a court in a day program treatment program in
such psychiatric unit or institution.
Sec. 1050. Section 282.33, subsection 1, Code 2023, is
amended to read as follows:
1. A child who resides in an institution for children
under the jurisdiction of the director of health and human
services referred to in section 218.1, subsection 3, 4, or
5, or 6, and who is not enrolled in the educational program
of the district of residence of the child, shall receive
appropriate educational services. The institution in which
the child resides shall submit a proposed program and budget
based on the average daily attendance of the children residing
in the institution to the department of education and the
department of health and human services by January 1 for the
next succeeding school year. The department of education shall
review and approve or modify the proposed program and budget
and shall notify the department of administrative services of
-741-its action by February 1. The department of administrative
services shall pay the approved budget amount to the department
of health and human services in monthly installments beginning
September 15 and ending June 15 of the next succeeding school
year. The installments shall be as nearly equal as possible as
determined by the department of administrative services, taking
into consideration the relative budget and cash position of the
state’s resources. The department of administrative services
shall pay the approved budget amount for the department
of health and human services from the moneys appropriated
under section 257.16 and the department of health and human
services shall distribute the payment to the institution. The
institution shall submit an accounting for the actual cost of
the program to the department of education by August 1 of the
following school year. The department shall review and approve
or modify all expenditures incurred in compliance with the
guidelines adopted pursuant to section 256.7, subsection 10,
and shall notify the department of administrative services of
the approved accounting amount. The approved accounting amount
shall be compared with any amounts paid by the department of
administrative services to the department of health and human
services and any differences added to or subtracted from the
October payment made under this subsection for the next school
year. Any amount paid by the department of administrative
services shall be deducted monthly from the state foundation
aid paid under section 257.16 to all school districts in the
state during the subsequent fiscal year. The portion of the
total amount of the approved budget that shall be deducted from
the state aid of a school district shall be the same as the
ratio that the budget enrollment for the budget year of the
school district bears to the total budget enrollment in the
state for that budget year in which the deduction is made.
Sec. 1051. Section 283A.2, subsection 3, Code 2023, is
amended to read as follows:
3. Each school district that operates or provides for
-742-a school breakfast or lunch program shall provide for the
forwarding of information from the applications for the school
breakfast or lunch program, for which federal funding is
provided, to identify children for enrollment in the medical
assistance program pursuant to chapter 249A or the healthy
and well kids in Iowa program pursuant to chapter 514I to the
department of health and human services.
Sec. 1052. Section 285.1, subsection 1, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Children attending prekindergarten programs offered or
sponsored by the district or nonpublic school and approved by
the department of education or department of health and human
services or children participating in preschool in an approved
local program under chapter 256C may be provided transportation
services. However, transportation services provided to
nonpublic school children are not eligible for reimbursement
under this chapter.
Sec. 1053. Section 303.3C, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of cultural affairs shall establish
and administer an Iowa great places program for purposes
of combining resources of state government in an effort to
showcase the unique and authentic qualities of communities,
regions, neighborhoods, and districts that make such places
exceptional places to work and live. The department of
cultural affairs shall provide administrative assistance to
the Iowa great places board. The department of cultural
affairs shall coordinate the efforts of the Iowa great places
board with the efforts of state agencies participating in
the program which shall include, but not be limited to, the
economic development authority, the Iowa finance authority, the
department of health and human rights services, the department
of natural resources, the state department of transportation,
and the department of workforce development.
Sec. 1054. Section 307.24, subsection 5, paragraph b, Code
-743-2023, is amended to read as follows:
b. For department of health and human services facility
roads, six and one-half percent.
Sec. 1055. Section 321.1, subsection 8, paragraph g, Code
2023, is amended to read as follows:
g. If authorized to transport patients or clients by the
director of the department of health and human services or the
director’s designee, an employee of the department of health
and human services is not a chauffeur when transporting the
patients or clients in an automobile.
Sec. 1056. Section 321.19, subsection 1, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health and human
services, the department of inspections and appeals, and the
department of revenue, who are regularly assigned to conduct
investigations which cannot reasonably be conducted with a
vehicle displaying “official” state registration plates.
Sec. 1057. Section 321.34, subsection 11A, paragraphs b and
c, Code 2023, are amended to read as follows:
b. Love our kids plates shall be designed by the department
in cooperation with the Iowa department of public health and
human services.
c. The special fee for letter-number designated love our
kids plates is thirty-five dollars. The fee for personalized
love our kids plates is twenty-five dollars, which shall
be paid in addition to the special love our kids fee of
thirty-five dollars. The fees collected by the director under
this subsection shall be paid monthly to the treasurer of
state and deposited in the road use tax fund. The treasurer
of state shall transfer monthly from the statutory allocations
fund created under section 321.145, subsection 2, to the Iowa
department of public health and human services the amount
of the special fees collected in the previous month for the
-744-love our kids plates. Notwithstanding section 8.33, moneys
transferred under this subsection shall not revert to the
general fund of the state.
Sec. 1058. Section 321.34, subsection 23, paragraph c, Code
2023, is amended to read as follows:
c. The special fee for letter-number designated breast
cancer awareness plates is thirty-five dollars. The fee for
personalized breast cancer awareness plates is twenty-five
dollars, which shall be paid in addition to the special
breast cancer awareness fee of thirty-five dollars. The fees
collected by the director under this subsection shall be paid
monthly to the treasurer of state and deposited in the road
use tax fund. The treasurer of state shall transfer monthly
from the statutory allocations fund created under section
321.145, subsection 2, to the Iowa department of public health
and human services the amount of the special fees collected
in the previous month for the breast cancer awareness plates
and such funds are appropriated to the Iowa department of
public health and human services. The Iowa department of
public health and human services shall distribute one hundred
percent of the funds received monthly in the form of grants to
support breast cancer screenings for both men and women who
meet eligibility requirements like those established by the
Susan G. Komen foundation. In the awarding of grants, the Iowa
department of public health and human services shall give first
consideration to affiliates of the Susan G. Komen foundation
and similar nonprofit organizations providing for breast cancer
screenings at no cost in Iowa. Notwithstanding section 8.33,
moneys transferred under this subsection shall not revert to
the general fund of the state.
Sec. 1059. Section 321.178, subsection 1, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) A minimum of four hours of instruction concerning
substance abuse use disorder and distracted driving.
Sec. 1060. Section 321.178A, subsection 3, paragraph a,
-745-subparagraph (2), Code 2023, is amended to read as follows:
(2) Instruction concerning substance abuse use disorder and
distracted driving.
Sec. 1061. Section 321.215, subsection 1, paragraph a,
subparagraph (4), Code 2023, is amended to read as follows:
(4) The person’s substance abuse use disorder treatment.
Sec. 1062. Section 321.231B, subsection 1, paragraph b,
Code 2023, is amended to read as follows:
b. An emergency medical care provider, as defined in
section 147A.1, operating the authorized emergency vehicle who
has completed an emergency vehicle operations course and any
applicable continuing education requirements established or
approved by the department of public health and human services.
Sec. 1063. Section 321.423, subsection 7, paragraph a,
subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
On a vehicle authorized by the director of public health and
human services when all of the following apply:
Sec. 1064. Section 321.423, subsection 7, paragraph a,
subparagraph (2), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) The request for authorization is made by the member
on forms provided by the Iowa department of public health and
human services.
Sec. 1065. Section 321.423, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. The Iowa department of public health and human services
shall adopt rules to establish issuance standards, including
allowing local emergency medical service providers to issue
certificates of authorization, and shall adopt rules to
establish certificate of authorization revocation procedures.
Sec. 1066. Section 321.451, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. A vehicle owned by a chief, medical director, or
certified medical provider of an authorized emergency medical
-746-service, if the application for a certificate of designation is
requested by the chief, medical officer, or medical director
of the authorized emergency medical service. However, the
department shall not approve an application received pursuant
to this paragraph unless the owner of the vehicle has completed
an emergency vehicle operations course approved by the
department of public health and human services, and provided
proof of financial liability coverage or risk pool coverage.
Sec. 1067. Section 321J.2, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Assignment to substance abuse use disorder evaluation and
treatment, a course for drinking drivers, and, if available and
appropriate, a reality education substance abuse use disorder
prevention program pursuant to section 321J.24.
Sec. 1068. Section 321J.2, subsection 4, paragraph d, Code
2023, is amended to read as follows:
d. Assignment to substance abuse use disorder evaluation and
treatment, a course for drinking drivers, and, if available and
appropriate, a reality education substance abuse use disorder
prevention program pursuant to section 321J.24.
Sec. 1069. Section 321J.2, subsection 5, paragraph d, Code
2023, is amended to read as follows:
d. Assignment to substance abuse use disorder evaluation and
treatment, a course for drinking drivers, and, if available and
appropriate, a reality education substance abuse use disorder
prevention program pursuant to section 321J.24.
Sec. 1070. Section 321J.2, subsection 7, paragraphs a and b,
Code 2023, are amended to read as follows:
a. All persons convicted of an offense under subsection 2
shall be ordered, at the person’s expense, to undergo, prior
to sentencing, a substance abuse use disorder evaluation. The
court shall order the person to follow the recommendations
proposed in the substance abuse use disorder evaluation as
provided in section 321J.3.
b. Where the program is available and is appropriate for
-747-the convicted person, a person convicted of an offense under
subsection 2 shall be ordered to participate in a reality
education substance abuse use disorder prevention program as
provided in section 321J.24.
Sec. 1071. Section 321J.3, Code 2023, is amended to read as
follows:
321J.3 Substance abuse use disorder evaluation or treatment
— rules.
1. a. In addition to orders issued pursuant to section
321J.2, subsections 3, 4, and 5, and section 321J.17, the court
shall order any defendant convicted under section 321J.2 to
follow the recommendations proposed in the substance abuse
use disorder evaluation for appropriate substance abuse use
disorder treatment for the defendant. Court-ordered substance
abuse use disorder treatment is subject to the periodic
reporting requirements of section 125.86.
b. If a defendant is committed by the court to a substance
abuse use disorder treatment facility, the administrator of the
facility shall report to the court when it is determined that
the defendant has received the maximum benefit of treatment
at the facility and the defendant shall be released from the
facility. The time for which the defendant is committed for
treatment shall be credited against the defendant’s sentence.
c. The court may prescribe the length of time for the
evaluation and treatment or it may request that the community
college or other approved provider conducting the course
for drinking drivers which the person is ordered to attend
or the treatment program to which the person is committed
immediately report to the court when the person has received
maximum benefit from the course for drinking drivers or
treatment program or has recovered from the person’s addiction,
dependency, or tendency to chronically abuse use alcohol or
drugs.
d. Upon successfully completing a course for drinking
drivers or an ordered substance abuse use disorder treatment
-748-program, a court may place the person on probation for six
months and as a condition of probation, the person shall
attend a program providing posttreatment services relating to
substance abuse use disorder as approved by the court.
e. A person committed under this section who does not
possess sufficient income or estate to make payment of the
costs of the treatment in whole or in part shall be considered
a state patient and the costs of treatment shall be paid as
provided in section 125.44.
f. A defendant who fails to carry out the order of the
court shall be confined in the county jail for twenty days in
addition to any other imprisonment ordered by the court or may
be ordered to perform unpaid community service work, and shall
be placed on probation for one year with a violation of this
probation punishable as contempt of court.
g. In addition to any other condition of probation, the
person shall attend a program providing substance abuse use
disorder prevention services or posttreatment services related
to substance abuse use disorder as ordered by the court. The
person shall report to the person’s probation officer as
ordered concerning proof of attendance at the treatment program
or posttreatment program ordered by the court. Failure to
attend or complete the program shall be considered a violation
of probation and is punishable as contempt of court.
2. a. Upon a second or subsequent offense in violation of
section 321J.2, the court upon hearing may commit the defendant
for inpatient treatment of alcoholism or drug addiction
or dependency to any hospital, institution, or community
correctional facility in Iowa providing such treatment. The
time for which the defendant is committed for treatment shall
be credited against the defendant’s sentence.
b. The court may prescribe the length of time for the
evaluation and treatment or it may request that the hospital
to which the person is committed immediately report to the
court when the person has received maximum benefit from the
-749-program of the hospital or institution or has recovered from
the person’s addiction, dependency, or tendency to chronically
abuse use alcohol or drugs.
c. A person committed under this section who does not
possess sufficient income or estate to make payment of the
costs of the treatment in whole or in part shall be considered
a state patient and the costs of treatment shall be paid as
provided in section 125.44.
3. The state department of transportation, in cooperation
with the judicial branch, shall adopt rules, pursuant to the
procedure in section 125.33, regarding the assignment of
persons ordered under section 321J.17 to submit to substance
abuse use disorder evaluation and treatment. The rules shall
be applicable only to persons other than those committed to
the custody of the director of the department of corrections
under section 321J.2. The rules shall be consistent with the
practices and procedures of the judicial branch in sentencing
persons to substance abuse use disorder evaluation and
treatment under section 321J.2. The rules shall include the
requirement that the treatment programs utilized by a person
pursuant to an order of the department of transportation meet
the licensure standards of the department of public health
and human services for substance abuse use disorder treatment
programs under chapter 125. The rules shall also include
provisions for payment of costs by the offenders, including
insurance reimbursement on behalf of offenders, or other forms
of funding, and shall also address reporting requirements of
the facility, consistent with the provisions of sections 125.84
and 125.86. The department of transportation shall be entitled
to treatment information contained in reports to the department
of transportation, notwithstanding any provision of chapter 125
that would restrict department access to treatment information
and records.
Sec. 1072. Section 321J.17, subsection 2, paragraph b, Code
2023, is amended to read as follows:
-750- b. The court or department may request that the community
college or substance abuse use disorder treatment providers
licensed under chapter 125 or other approved provider
conducting the course for drinking drivers that the person is
ordered to attend immediately report to the court or department
that the person has successfully completed the course for
drinking drivers. The court or department may request that the
treatment program which the person attends periodically report
on the defendant’s attendance and participation in the program,
as well as the status of treatment or rehabilitation.
Sec. 1073. Section 321J.22, subsections 2, 4, and 5, Code
2023, are amended to read as follows:
2. a. The course provided according to this section shall
be offered on a regular basis at each community college as
defined in section 260C.2, or by substance abuse use disorder
treatment programs licensed under chapter 125, or may be
offered at a state correctional facility listed in section
904.102. However, a community college shall not be required to
offer the course if a substance abuse use disorder treatment
program licensed under chapter 125 offers the course within the
merged area served by the community college.
b. Enrollment in the courses is not limited to persons
ordered to enroll, attend, and successfully complete the
course required under sections 321J.2 and 321J.17, subsection
2. However, any person under age eighteen who is required to
attend the courses for violation of section 321J.2 or 321J.17
must attend a course offered by a substance abuse use disorder
treatment program licensed under chapter 125.
c. The course required by this section shall be:
(1) Taught by a community college under the supervision
of the department of education or by a substance abuse use
disorder treatment program licensed under chapter 125, and may
be offered at a state correctional facility.
(2) Approved by the department of education, in
consultation with the community colleges, substance abuse
-751- use disorder treatment programs licensed under chapter 125,
the department of public health and human services, and the
department of corrections.
d. The department of education may approve a provider of
a course for drinking drivers offered outside this state upon
proof to the department’s satisfaction that the course is
comparable to those offered by community colleges, substance
abuse use disorder treatment programs licensed under chapter
125, and state correctional facilities as provided in this
section. The department shall comply with the requirements of
subsection 5 regarding such approved providers.
e. The department of education shall establish reasonable
fees to defray the expense of obtaining classroom space,
instructor salaries, and class materials for courses offered
both by community colleges and by substance abuse use
disorder treatment programs licensed under chapter 125, or
for classes offered at a state correctional facility, and
for administrative expenses incurred by the department of
education in implementing subsection 5 on behalf of in-state
and out-of-state offenders.
f. A person shall not be denied enrollment in a course by
reason of the person’s indigency.
4. The department of education, substance abuse use
disorder treatment programs licensed under chapter 125,
and state correctional facilities shall prepare for their
respective courses a list of the locations of the courses
taught under this section, the dates and times taught, the
procedure for enrollment, and the schedule of course fees. The
list shall be kept current and a copy of the list shall be sent
to each court having jurisdiction over offenses provided in
this chapter.
5. The department of education, substance abuse use
disorder treatment programs licensed under chapter 125, and
state correctional facilities shall maintain enrollment,
attendance, successful and nonsuccessful completion data for
-752-their respective courses on the persons ordered to enroll,
attend, and successfully complete a course for drinking
drivers. This data shall be forwarded to the court by the
department of education, substance abuse use disorder treatment
programs licensed under chapter 125, and the department of
corrections.
Sec. 1074. Section 321J.23, subsection 5, Code 2023, is
amended to read as follows:
5. The reality education substance abuse use disorder
prevention program provides guidelines for the operation of an
intensive program to discourage recidivism.
Sec. 1075. Section 321J.24, subsection 1, paragraphs b and
c, Code 2023, are amended to read as follows:
b. “Participant” means a person who is ordered by the court
to participate in the reality education substance abuse use
disorder prevention program.
c. “Program” means the reality education substance abuse use
disorder prevention program.
Sec. 1076. Section 321J.24, subsection 2, Code 2023, is
amended to read as follows:
2. A reality education substance abuse use disorder
prevention program is established in those judicial
districts where the chief judge of the judicial district
authorizes participation in the program. Upon a conviction
or adjudication for a violation of section 321J.2, or the
entry of a deferred judgment concerning a violation of section
321J.2, the court or juvenile court may order participation in
the reality education substance abuse use disorder prevention
program as a term and condition of probation or disposition
in addition to any other term or condition of probation or
disposition required or authorized by law. The court or
juvenile court shall require the defendant or delinquent child
to abstain from consuming any controlled substance, alcoholic
liquor, wine, or beer while participating in the program.
Sec. 1077. Section 321J.24, subsection 5, paragraph a,
-753-subparagraph (2), Code 2023, is amended to read as follows:
(2) A facility for the treatment of persons with
substance-related disorders a substance use disorder as defined
in section 125.2, under the supervision of appropriately
licensed medical personnel.
Sec. 1078. Section 321J.25, Code 2023, is amended to read
as follows:
321J.25 Youthful offender substance abuse use disorder
awareness program.
1. As used in this section, unless the context otherwise
requires:
a. “Participant” means a person whose driver’s license or
operating privilege has been revoked for a violation of section
321J.2A.
b. “Program” means a substance abuse use disorder awareness
program provided under a contract entered into between the
provider and the Iowa department of public health and human
services under chapter 125.
c. “Program coordinator” means a person assigned the duty
to coordinate a participant’s activities in a program by the
program provider.
2. A substance abuse use disorder awareness program is
established in each of the regions established by the director
of public health and human services pursuant to section
125.12. The program shall consist of an insight class and
a substance abuse use disorder evaluation, which shall be
attended by the participant, to discuss issues related to the
potential consequences of substance abuse use disorder. The
parent or parents of the participant shall also be encouraged
to participate in the program. The program provider shall
consult with the participant or the parents of the participant
in the program to determine the timing and appropriate level
of participation for the participant and any participation by
the participant’s parents. The program may also include a
supervised educational tour by the participant to any or all
-754-of the following:
a. A hospital or other emergency medical care facility
which regularly receives victims of motor vehicle accidents,
to observe treatment of appropriate victims of motor vehicle
accidents involving intoxicated drivers, under the supervision
of a registered nurse, physician, paramedic, or emergency
medical technician.
b. A facility for the treatment of persons with
substance-related disorders a substance use disorder as defined
in section 125.2, under the supervision of appropriately
licensed medical personnel.
c. If approved by the state or county medical examiner, a
morgue or a similar facility to receive appropriate educational
material and instruction concerning damage caused by the
consumption of alcohol or other drugs, under the supervision of
the county medical examiner or deputy medical examiner.
3. If the program includes a tour, the program coordinator
shall explain and discuss the experiences which may be
encountered during the tour to the participant. If the program
coordinator determines at any time before or during a tour that
the tour may be traumatic or otherwise inappropriate for the
participant, the program coordinator shall terminate the tour
without prejudice to the participant.
4. Upon the revocation of the driver’s license or operating
privileges of a person who is fourteen years of age or older
for a violation of section 321J.2A, if the person has had no
previous revocations under either section 321J.2 or section
321J.2A, a person may participate in the substance abuse
use disorder awareness program. The state department of
transportation shall notify a potential program participant
of the possibility and potential benefits of attending a
program and shall notify a potential program participant of the
availability of programs which exist in the area in which the
person resides. The state department of transportation shall
consult with the Iowa department of public health and human
-755-services to determine what programs are available in various
areas of the state.
5. Program providers and facilities toured during the
program are not liable for any civil damages resulting from
injury to the participant, or civil damages caused by the
participant during or from any activities related to a tour,
except for willful or grossly negligent acts intended to, or
reasonably expected to result in, such injury or damage.
6. The program provider shall determine fees to be paid by
participants in the program. The program fees shall be paid on
a sliding scale, based upon the ability of a participant and a
participant’s family to pay the fees, and shall not exceed one
hundred dollars per participant. The program provider shall
use the fees to pay all costs associated with the program.
Sec. 1079. Section 324A.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Transportation” means the movement of individuals
in a four or more wheeled motorized vehicle designed to
carry passengers, including a car, van, or bus, between one
geographic point and another geographic point. “Transportation”
does not include emergency or incidental transportation or
transportation conducted by the department of health and human
services at its institutions.
Sec. 1080. Section 324A.4, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Upon request, the department shall provide assistance
to political subdivisions, state agencies, and organizations
affected by this chapter for federal aid applications for urban
and rural transit system program aid. The department, in
cooperation with the regional planning agencies, shall maintain
current information reflecting the amount of federal, state,
and local aid received by the public and private nonprofit
organizations providing public transit services and the purpose
for which the aid is received. The department shall biennially
prepare a report to be submitted to the general assembly and
-756-the governor prior to December 15 of even-numbered years. The
report shall recommend methods to increase transportation
coordination and improve the efficiency of federal, state,
and local government programs used to finance public transit
services and may address other topics as appropriate. The
department of health and human services, the department on
aging, and the officers and agents of the other affected state
and local government units shall provide input as requested by
the department.
Sec. 1081. Section 324A.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of health and human services, department on
aging, and the officers and agents of other state and local
governmental units shall assist the department in carrying out
section 324A.4, subsections 1 and 2, insofar as the functions
of these respective officers and departments are concerned
with the health, welfare and safety of any recipient of
transportation services.
Sec. 1082. Section 331.304, subsection 9, Code 2023, is
amended to read as follows:
9. A county shall not adopt or enforce any ordinance
imposing any registration or licensing system or registration
or license fees for or relating to owner-occupied manufactured
or mobile homes including the lots, lands, or manufactured
home community or mobile home park upon or in which they are
located. A county shall not adopt or enforce any ordinance
imposing any registration or licensing system, or registration
or license fees, or safety or sanitary standards for rental
manufactured or mobile homes unless similar registration or
licensing system, or registration or license fees, or safety
or sanitary standards are required for other rental properties
intended for human habitation. This subsection does not
preclude the investigation and abatement of a nuisance or the
enforcement of a tiedown system, or the enforcement of any
regulations of the state council on health and human services
-757- or local board of health if those regulations apply to other
rental properties or to owner-occupied housing intended for
human habitation.
Sec. 1083. Section 331.321, subsection 1, paragraph f, Code
2023, is amended to read as follows:
f. The members of the service area advisory board in
accordance with section 217.43.
Sec. 1084. Section 331.323, subsection 1, paragraph a,
subparagraph (9), Code 2023, is amended to read as follows:
(9) Executive officer of the service area advisory board in
accordance with section 217.43.
Sec. 1085. Section 331.382, subsections 3 and 6, Code 2023,
are amended to read as follows:
3. The power to legislate in regard to chemical substance
abuse use is subject to section 125.40.
6. The power to operate juvenile detention and shelter care
homes is subject to approval of the homes by the director of
the department of health and human services or the director’s
designee, as provided in section 232.142.
Sec. 1086. Section 331.388, Code 2023, is amended to read
as follows:
331.388 Definitions.
As used in this part, unless the context otherwise requires:
1. “Children’s behavioral health services” means the same as
defined in section 225C.2.
2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
services.
3. 4. “Disability services” means the same as defined in
section 225C.2.
4. 5. “Population” means, as of July 1 of the fiscal year
preceding the fiscal year in which the population figure is
applied, the population shown by the latest preceding certified
federal census or the latest applicable population estimate
-758-issued by the United States census bureau, whichever is most
recent.
5. 6. “Regional administrator” means the administrative
office, organization, or entity formed by agreement of the
counties participating in a region to function on behalf of
those counties in accordance with this part.
6. 7. “Serious emotional disturbance” means the same as
defined in section 225C.2.
7. 8. “State board” means the children’s system state board
created in section 225C.51.
8. 9. “State commission” means the mental health and
disability services commission created in section 225C.5.
Sec. 1087. Section 331.389, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Local access to mental health and disability services
shall be provided by a regional service system comprised of
mental health and disability services regions approved by the
director of the department. It is the intent of the general
assembly that the residents of this state should have access to
needed mental health and disability services regardless of the
location of their residence.
2. The director of human services shall approve a region
meeting the requirements of subsection 3.
Sec. 1088. Section 331.390, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The membership of the governing board shall not include
employees of the department of human services or a nonelected
employee of a county.
Sec. 1089. Section 331.391, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. Each region shall certify to the department of human
services on or before December 1, 2021, and each December 1
thereafter, the amount of the region’s cash flow amount in
the combined account at the conclusion of the most recently
completed fiscal year.
-759- Sec. 1090. Section 331.393, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Each region shall submit to the department an annual
service and budget plan approved by the region’s governing
board and subject to approval by the director of human
services. Provisions for approval by the director of human
services’ approval of the annual service and budget plan,
and any amendments to the plan, and other requirements shall
be specified in rule adopted by the state commission. The
provisions addressed in the annual plan shall include but are
not limited to all of the following:
Sec. 1091. Section 331.393, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The region shall have in effect a policies and procedures
manual for the regional service system. The manual shall be
approved by the region’s governing board and is subject to
approval by the director of human services. An approved manual
shall remain in effect subject to amendment. An amendment
to the manual shall be submitted to the department at least
forty-five days prior to the date of implementation of the
amendment. Prior to implementation of an amendment to the
manual, the amendment must be approved by the director of human
services in consultation with the state commission. The manual
shall include but is not limited to all of the following:
Sec. 1092. Section 331.393, subsections 5 and 8, Code 2023,
are amended to read as follows:
5. The provisions of a regional service system management
plan shall include measures to address the needs of persons
who have two or more co-occurring mental health, intellectual
or other developmental disability, brain injury, or
substance-related substance use disorders and individuals with
specialized needs. Implementation of measures to meet the
needs of persons with a developmental disability other than
intellectual disability, brain injury, or substance-related
disorders a substance use disorder is contingent upon
-760-identification of a funding source to meet those needs and
implementation of provisions to engage the entity under
contract with the state to provide services to address
substance-related substance use disorders within the regional
service system.
8. If a region determines that the region cannot provide
services for the fiscal year in accordance with the regional
plan and remain in compliance with applicable budgeting
requirements, the region may implement a waiting list for
the services. The procedures for establishing and applying
a waiting list shall be specified in the regional plan. If
a region implements a waiting list for services, the region
shall notify the department of human services. The department
shall maintain on the department’s internet site an up-to-date
listing of the regions that have implemented a waiting list and
the services affected by each waiting list.
Sec. 1093. Section 331.394, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. “County of residence” means the county in this state in
which, at the time a person applies for or receives services,
the person is living and has established an ongoing presence
with the declared, good faith intention of living in the
county for a permanent or indefinite period of time. The
county of residence of a person who is a homeless person is
the county where the homeless person usually sleeps. A person
maintains residency in the county or state in which the person
last resided while the person is present in another county or
this state receiving services in a hospital, a correctional
facility, a halfway house for community-based corrections or
substance-related substance use disorder treatment, a nursing
facility, an intermediate care facility for persons with an
intellectual disability, or a residential care facility, or for
the purpose of attending a college or university.
Sec. 1094. Section 331.394, subsection 3, Code 2023, is
amended to read as follows:
-761- 3. If a service authorization or other services-related
decision made by a regional administrator concerning a person
varies from the type and amount of service identified to be
necessary for the person in a clinical determination made by a
mental health professional and the mental health professional
believes that failure to provide the type and amount of service
identified could cause an immediate danger to the person’s
health or safety, the person may request an expedited review
of the regional administrator’s decision to be made by the
department of human services. An expedited review held in
accordance with this subsection is subject to the following
procedures:
a. The request for the expedited review shall be filed
within five business days of receiving the notice of decision
by the regional administrator. The request must be in writing,
plainly state the request for an expedited review in the
caption and body of the request, and be supported by written
documentation from the mental health professional who made the
clinical determination stating how the notice of decision on
services could cause an immediate danger to the person’s health
or safety.
b. The expedited review shall be performed by a designee
of the director who is a mental health professional, who is
either the administrator of the division of mental health and
disability services of the department of human services or the
administrator’s designee. If the administrator is not a mental
health professional, the expedited review shall be performed
by a designee of the administrator who is a mental health
professional and is free of any conflict of interest to perform
the expedited review. The expedited review shall be performed
within two business days of the time the request is filed. If
the reviewer determines the information submitted in connection
with the request is inadequate to perform the review, the
reviewer shall request the submission of additional information
and the review shall be performed within two business days of
-762-the time that adequate information is submitted. The regional
administrator and the person, with the assistance of the mental
health professional who made the clinical determination, shall
each provide a brief statement of facts, conclusions, and
reasons for the decision made. Supporting clinical information
shall also be attached. All information related to the
proceedings and any related filings shall be considered to be
mental health information subject to chapter 228.
c. The administrator or director’s designee shall issue
an order, including a brief statement of findings of fact,
conclusions of law, and policy reasons for the order, to
justify the decision made concerning the expedited review.
If the decision concurs with the contention that there is an
immediate danger to the person’s health or safety, the order
shall identify the type and amount of service which shall be
provided for the person. The administrator or director’s
designee shall give such notice as is practicable to persons
who are required to comply with the order. The order is
effective when issued.
d. The decision of the administrator or director’s designee
shall be considered a final agency action and is subject to
judicial review in accordance with section 17A.19. The record
for judicial review consists of any documents regarding the
matter that were considered or prepared by the administrator or
director’s designee. The administrator or director’s designee
shall maintain these documents as the official record of the
decision. If the matter is appealed to the district court, the
record shall be filed as confidential.
Sec. 1095. Section 331.396, subsection 1, paragraphs c and
d, Code 2023, are amended to read as follows:
c. The person has had at any time during the preceding
twelve-month period a mental health, behavioral, or emotional
disorder or, in the opinion of a mental health professional,
may now have such a diagnosable disorder. The diagnosis
shall be made in accordance with the criteria provided in
-763-the diagnostic and statistical manual of mental disorders,
fourth edition, text revision, published by the American
psychiatric association, and shall not include the manual’s
“V” codes identifying conditions other than a disease or
injury. The diagnosis shall also not include substance-related
substance use disorders, dementia, antisocial personality, or
developmental disabilities, unless co-occurring with another
diagnosable mental illness.
d. The person’s eligibility for individualized services
shall be determined in accordance with the standardized
functional assessment methodology approved for mental health
services by the director of human services in consultation with
the state commission.
Sec. 1096. Section 331.396, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. The person’s eligibility for individualized services
shall be determined in accordance with the standardized
functional assessment methodology approved for intellectual
disability and developmental disability services by the
director of human services.
Sec. 1097. Section 331.396, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. The person’s eligibility for individualized services
shall be determined in accordance with a standardized
functional assessment methodology approved for this purpose by
the director of human services.
Sec. 1098. Section 331.397, subsection 2, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Subject to the available appropriations, the director
of human services shall ensure the core service domains listed
in subsections 4 and 5 are covered services for the medical
assistance program under chapter 249A to the greatest extent
allowable under federal regulations. The medical assistance
program shall reimburse Medicaid enrolled providers for
Medicaid covered services under subsections 4 and 5 when
-764-the services are medically necessary, the Medicaid enrolled
provider submits an appropriate claim for such services, and
no other third-party payer is responsible for reimbursement of
such services. Within funds available, the region shall pay
for such services for eligible persons when payment through the
medical assistance program or another third-party payment is
not available, unless the person is on a waiting list for such
payment or it has been determined that the person does not meet
the eligibility criteria for any such service.
Sec. 1099. Section 331.397, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Pursuant to recommendations made by the director of human
services, the state commission shall adopt rules as required
by section 225C.6 to define the services included in the core
service domains listed in this section. The rules shall
provide service definitions, service provider standards,
service access standards, and service implementation dates, and
shall provide consistency, to the extent possible, with similar
service definitions under the medical assistance program.
Sec. 1100. Section 331.397A, subsection 2, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Subject to the available appropriations, the director
of human services shall ensure the behavioral health core
service domains listed in subsection 4 are covered services
for the medical assistance program under chapter 249A to the
greatest extent allowable under federal regulations. The
medical assistance program shall reimburse Medicaid enrolled
providers for Medicaid covered services under subsection 4 when
the services are medically necessary, the Medicaid enrolled
provider submits an appropriate claim for such services, and
no other third-party payor is responsible for reimbursement
of such services. Within the funds available, the region
shall pay for such services for eligible children when payment
through the medical assistance program or another third-party
payment is not available, unless the child is on a waiting list
-765-for such payment or it has been determined that the child does
not meet the eligibility criteria for any such service.
Sec. 1101. Section 331.397A, subsection 3, Code 2023, is
amended to read as follows:
3. Pursuant to recommendations made by the state board, the
department of human services shall adopt rules to define the
services included in the core domains listed in this section.
The rules shall provide service definitions, service provider
standards, service access standards, and service implementation
dates, and shall provide consistency, to the extent possible,
with similar service definitions under the medical assistance
program.
Sec. 1102. Section 331.398, subsection 1, Code 2023, is
amended to read as follows:
1. The financing of a regional mental health and disability
services regional service system is limited to a fixed budget
amount. The fixed budget amount shall be the amount identified
in a regional service system management plan and budget for the
fiscal year.
Sec. 1103. Section 331.402, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Enter into an agreement with the state department of
health and human services for assistance in accordance with
section 249A.12.
Sec. 1104. Section 331.424, subsection 1, paragraph
a, subparagraph (1), subparagraph division (a), unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The costs of inpatient or outpatient substance abuse use
disorder admission, commitment, transportation, care, and
treatment at any of the following:
Sec. 1105. Section 331.756, subsections 26 and 39, Code
2023, are amended to read as follows:
26. At the request of the director of public health and
human services, commence legal action to enjoin the unlawful
use of radiation-emitting equipment as provided in section
-766-136C.5.
39. Appear on behalf of the administrator of the division
of mental health and disability services director of the
department of health and human services in support of an
application to transfer a person with mental illness who
becomes incorrigible and dangerous from a state hospital for
persons with mental illness mental health institute to the
Iowa medical and classification center as provided in section
226.30.
Sec. 1106. Section 331.910, Code 2023, is amended to read
as follows:
331.910 Interstate contracts for mental health and
substance-related substance use disorder treatment.
1. Purpose. The purpose of this section is to enable
appropriate care and treatment to be provided to a person with
a substance-related substance use disorder or a mental illness,
across state lines from the person’s state of residence, in
qualified hospitals, centers, and facilities.
2. Definitions. For the purposes of this section:
a. “Bordering state” means Illinois, Minnesota, Missouri,
Nebraska, South Dakota, or Wisconsin.
b. “Receiving agency” means a public or private hospital,
mental health center, substance abuse use disorder treatment
and rehabilitation facility, or detoxification center, which
provides substance abuse use disorder or mental health care
and treatment to a person from a state other than the state in
which a hospital, center, or facility is located.
c. “Receiving state” means the state in which a receiving
agency is located.
d. “Region” means a mental health and disability services
region formed in accordance with section 331.389.
e. “Sending agency” means a state or regional agency
located in a state which sends a person to a receiving state
for substance abuse use disorder or mental health care and
treatment under this section.
-767- f. “Sending state” means the state in which a sending agency
is located.
3. Voluntary civil commitments.
a. A region may contract with a receiving agency in a
bordering state to secure substance abuse use disorder or
mental health care and treatment under this subsection for
persons who receive substance abuse use disorder or mental
health care and treatment pursuant to section 125.33, 125.91,
229.2, or 229.22 through a region.
b. This subsection shall not apply to a person who is any
of the following:
(1) Serving a criminal sentence.
(2) On probation or parole.
(3) The subject of a presentence investigation.
c. A region may contract with a sending agency in a
bordering state to provide care and treatment under this
subsection for residents of the bordering state in approved
substance abuse use disorder and mental health care and
treatment hospitals, centers, and facilities in this state,
except that care and treatment shall not be provided for
residents of the bordering state who are involved in criminal
proceedings substantially similar to the involvement described
in paragraph “b”.
4. Involuntary civil commitments.
a. A person who is detained, committed, or placed on an
involuntary basis under section 125.75, 125.91, 229.6, or
229.22 may be civilly committed and treated in another state
pursuant to a contract under this subsection.
b. A person who is detained, committed, or placed on
an involuntary basis under the civil commitment laws of a
bordering state substantially similar to section 125.75,
125.91, 229.6, or 229.22 may be civilly committed and treated
in this state pursuant to a contract under this subsection.
c. A law enforcement officer acting under the authority of a
sending state may transport a person to a receiving agency that
-768-provides substance abuse use disorder or mental health care and
treatment pursuant to a contract under this subsection and may
transport the person back to the sending state under the laws
of the sending state.
d. Court orders valid under the law of the sending state
are granted recognition and reciprocity in the receiving state
for a person covered by a contract under this subsection to
the extent that the court orders relate to civil commitment
for substance abuse use disorder or mental health care and
treatment. Such care and treatment may include care and
treatment for co-occurring substance-related substance use and
mental health disorders. Such court orders are not subject to
legal challenge in the courts of the receiving state.
e. A person who is detained, committed, or placed under the
laws of a sending state and who is transferred to a receiving
state under this subsection shall be considered to be in the
legal custody of the authority responsible for the person under
the laws of the sending state with respect to the involuntary
civil commitment of the person due to a mental illness or a
substance-related substance use disorder.
f. While in the receiving state pursuant to a contract
under this subsection, a person detained, committed, or placed
under the laws of a sending state shall be subject to all laws
and regulations of the receiving state, except those laws and
regulations with respect to the involuntary civil commitment
of the person due to a mental illness or substance-related
substance use disorder. A person shall not be sent to a
receiving state pursuant to a contract under this subsection
until the receiving state has enacted a law recognizing the
validity and applicability of this subsection.
g. If a person receiving care and treatment pursuant to
a contract under this subsection escapes from the receiving
agency and the person at the time of the escape is subject to
involuntary civil commitment under the laws of the sending
state, the receiving agency shall use all reasonable means to
-769-recapture the escapee. The receiving agency shall immediately
report the escape of the person to the sending agency. The
receiving state has the primary responsibility for, and the
authority to direct, the pursuit, retaking, and prosecution of
escaped persons within its borders and is liable for the cost
of such action to the extent that it would be liable for costs
if its own resident escaped.
h. Responsibility for payment for the cost of care and
treatment under this subsection shall remain with the sending
agency.
5. A contract entered into under this section shall, at a
minimum, meet all of the following requirements:
a. Describe the care and treatment to be provided.
b. Establish responsibility for the costs of the care and
treatment, except as otherwise provided in subsection 4.
c. Establish responsibility for the costs of transporting
individuals receiving care and treatment under this section.
d. Specify the duration of the contract.
e. Specify the means of terminating the contract.
f. Identify the goals to be accomplished by the placement
of a person under this section.
6. This section shall apply to all of the following:
a. Detoxification services that are unrelated to substance
abuse use disorder or mental health care and treatment
regardless of whether the care and treatment are provided on a
voluntary or involuntary basis.
b. Substance abuse use disorder and mental health care and
treatment contracts that include emergency care and treatment
provided to a resident of this state in a bordering state.
Sec. 1107. Section 347.7, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. The tax levy authorized by this section for operation
and maintenance of the hospital may be available in whole or in
part to any county with or without a county hospital organized
under this chapter, to be used to enhance rural health services
-770-in the county. However, the tax levied may be expended for
enhancement of rural health care services only following a
local planning process. The Iowa department of public health
and human services shall establish guidelines to be followed
by counties in implementing the local planning process which
shall require legal notice, public hearings, and a referendum
in accordance with this subsection prior to the authorization
of any new levy or a change in the use of a levy. The notice
shall describe the new levy or the change in the use of the
levy, indicate the date and location of the hearing, and shall
be published at least once each week for two consecutive weeks
in a newspaper having general circulation in the county. The
hearing shall not take place prior to two weeks after the
second publication.
Sec. 1108. Section 347.16, subsection 2, Code 2023, is
amended to read as follows:
2. Free care and treatment shall be furnished in a county
public hospital to any sick or injured person who fulfills
the residency requirements under section 47.4, subsection
1, paragraph “d”, Code 1993, in the county maintaining the
hospital, and who is indigent. The board of hospital trustees
shall determine whether a person is indigent and entitled
to free care under this subsection, or may delegate that
determination to the general assistance director or the office
of the department of health and human services in that county,
subject to guidelines the board may adopt in conformity with
applicable statutes.
Sec. 1109. Section 347B.14, Code 2023, is amended to read
as follows:
347B.14 Effect of approval of plans.
When plans for construction or modification of a county care
facility have been properly approved by the Iowa department of
public health and human services or other appropriate state
agency, the facility constructed in accord with the plans so
approved shall not for a period of at least ten years from
-771-completion of the construction or modification be considered
deficient or ineligible for licensing by reason of failure
to meet any regulation or standard established subsequent to
approval of the construction and modification plans, unless a
clear and present danger exists that would adversely affect the
residents of the facility.
Sec. 1110. Section 351.40, Code 2023, is amended to read as
follows:
351.40 Quarantine.
If a local board of health believes rabies to be epidemic, or
believes there is a threat of epidemic, in its jurisdiction,
it may declare a quarantine in all or part of the area under
its jurisdiction and such declaration shall be reported to the
Iowa department of public health and human services. During
the period of quarantine, any person owning or having a dog in
the person’s possession in the quarantined area shall keep such
animal securely enclosed or on a leash for the duration of the
quarantine period.
Sec. 1111. Section 356.37, Code 2023, is amended to read as
follows:
356.37 Confinement and detention report — design proposals.
The division of subunit of the department of health and
human services responsible for criminal and juvenile justice
planning of the department of human rights, in consultation
with the department of corrections, the Iowa county attorneys
association, the Iowa state sheriff’s association, the
Iowa peace officers association, a statewide organization
representing rural property taxpayers, the Iowa league of
cities, and the Iowa board of supervisors association, shall
prepare a report analyzing the confinement and detention
needs of jails and facilities established pursuant to this
chapter and chapter 356A. The report for each type of jail or
facility shall include but is not limited to an inventory of
prisoner space, daily prisoner counts, options for detention
of prisoners with mental illness or substance abuse use
-772-disorder service needs, and the compliance status under section
356.36 for each jail or facility. The report shall contain an
inventory of recent jail or facility construction projects in
which voters have approved the issuance of general obligation
bonds, essential county purpose bonds, revenue bonds, or bonds
issued pursuant to chapter 423B. The report shall be revised
periodically as directed by the administrator of the division
of criminal and juvenile justice planning director of health
and human services. The first submission of the report shall
include recommendations on offender data needed to estimate
jail space needs in the next two, three, and five years, on a
county, geographic region, and statewide basis, which may be
based upon information submitted pursuant to section 356.49.
Sec. 1112. Section 356.48, subsection 1, Code 2023, is
amended to read as follows:
1. A person confined to a jail or in the custody of a peace
officer, who bites another person, who causes an exchange of
bodily fluids with another person, or who causes any bodily
secretion to be cast upon another person, shall submit to the
withdrawal of a bodily specimen for testing to determine if
the person is infected with a contagious or infectious disease
as defined in section 141A.2. The bodily specimen to be taken
shall be determined by the attending physician of the jail
or the county medical examiner. The specimen taken shall be
sent to the state hygienic laboratory at the state university
at Iowa City or some other laboratory approved by the Iowa
department of public health and human services. If a person
to be tested pursuant to this section refuses to submit to the
withdrawal of a bodily specimen, the sheriff, person in charge
of the jail, or any potentially infected person may file an
application with the district court for an order compelling
the person that may have caused an infection to submit to the
withdrawal and, if infected, to receive available treatment.
An order authorizing the withdrawal of a specimen for testing
may be issued only by a district judge or district associate
-773-judge upon application by the sheriff, person in charge of the
jail, or any other potentially infected person.
Sec. 1113. Section 358.24, subsection 3, Code 2023, is
amended to read as follows:
3. A sanitary district adjoining a border of the state and
owning and operating a sewage disposal plant, may contract with
the governing body of any legal entity in an adjacent area
in another state, to process the sewage from the area. The
contract shall be subject to approval of the Iowa department of
public health and human services.
Sec. 1114. Section 364.3, subsection 5, Code 2023, is
amended to read as follows:
5. A city shall not adopt or enforce any ordinance imposing
any registration or licensing system or registration or license
fees for or relating to owner-occupied manufactured or mobile
homes including the lots, lands, or manufactured home community
or mobile home park upon or in which they are located. A
city shall not adopt or enforce any ordinance imposing any
registration or licensing system, or registration or license
fees, or safety or sanitary standards for rental manufactured
or mobile homes unless a similar registration or licensing
system, or registration or license fees, or safety or sanitary
standards are required for other rental properties intended
for human habitation. This subsection does not preclude the
investigation and abatement of a nuisance or the enforcement of
a tiedown system, or the enforcement of any regulations of the
state council on health and human services or local board of
health if those regulations apply to other rental properties or
to owner-occupied housing intended for human habitation.
Sec. 1115. Section 403A.23, Code 2023, is amended to read
as follows:
403A.23 Eligibility of persons receiving public assistance.
Any statute to the contrary notwithstanding, no person
otherwise eligible to be a tenant in a municipal housing
project, shall be declared ineligible therefor or denied
-774-occupancy therein in the municipal housing project merely
because the person is receiving in some form public assistance
such as including but not limited to federal supplemental
security income or state supplementary payments, assistance as
defined by section 249.1, or welfare assistance, unemployment
compensation, or social security payments, etc.
Sec. 1116. Section 411.6, subsection 16, paragraph c, Code
2023, is amended to read as follows:
c. A member eligible to commence receiving a disability
benefit on or after July 1, 2000, may be ineligible to receive
a disability retirement benefit if the system determines that
the member’s alcoholism or drug addiction was a contributing
factor material to the determination of the member’s
disability. Upon a determination that the member’s alcoholism
or drug addiction was a contributing factor in the member’s
disability, the system shall direct the member to undergo
substance abuse use disorder treatment that the medical board
determines is appropriate to treat the member’s alcoholism
or drug addiction. After the end of a twenty-four-month
period following the member’s first month of entitlement to a
disability benefit, the system shall reevaluate the member’s
disability. If the system determines that the member failed to
comply with the treatment program prescribed by this paragraph
and that the member would not be disabled but for the member’s
alcoholism or drug addiction, the member’s entitlement to a
disability benefit under this chapter shall terminate effective
the first day of the first month following the month the member
is notified of the system’s determination.
Sec. 1117. Section 421.17, subsections 20 and 21, Code 2023,
are amended to read as follows:
20. To cooperate with the child support recovery unit
services created in chapter 252B to establish and maintain
a process to implement the provisions of section 252B.5,
subsection 9. The department of revenue shall forward to
individuals meeting the criteria under section 252B.5,
-775-subsection 9, paragraph “a”, a notice by first class mail that
the individual is obligated to file a state estimated tax form
and to remit a separate child support payment.
a. Individuals notified shall submit a state estimated tax
form on a quarterly basis.
b. The individual shall pay monthly, the lesser of the total
delinquency or one hundred fifty percent of the current or most
recent monthly obligation.
c. The individual shall remit the payment to the department
of revenue separate from any tax liability payments, identify
the payment as a support payment, and make the payment payable
to the collection services center. The department shall
forward all payments received pursuant to this section to the
collection services center established pursuant to chapter
252B, for processing and disbursement. The department of
revenue may establish a process for the child support recovery
unit services or the collection services center to directly
receive the payments. For purposes of crediting the support
payments pursuant to sections 252B.14 and 598.22, payments
received by the department of revenue and forwarded to the
collection services center shall be credited as if received
directly by the collection services center.
d. The notice shall provide that, as an alternative to the
provisions of paragraph “b”, the individual may contact the
child support recovery unit services to formalize a repayment
plan and obtain an exemption from the quarterly filing
requirement when payments are made pursuant to the repayment
plan or to contest the balance due listed in the notice.
e. The department of revenue, in cooperation with the child
support recovery unit services, may adopt rules, if necessary,
to implement this subsection.
21. To provide information contained in state individual
tax returns to the child support recovery unit services
for the purposes of establishment or enforcement of support
obligations. The department of revenue and child support
-776-recovery unit services may exchange information in a manual or
automated fashion. The department of revenue, in cooperation
with the child support recovery unit services, may adopt rules,
if necessary, to implement this subsection.
Sec. 1118. Section 422.7, subsection 42, paragraph a,
subparagraph (6), Code 2023, is amended to read as follows:
(6) Subtract to the extent included the amount of a
recruitment and retention bonus, not to exceed one thousand
dollars, received by a child care worker through the
recruitment and retention bonus program administered by the
department of health and human services.
Sec. 1119. Section 422.12A, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. “Adoption” means the permanent placement in this state of
a child by the department of health and human services, by an
adoption service provider as defined in section 600A.2, or by
an agency that meets the provisions of the interstate compact
in section 232.158.
Sec. 1120. Section 422.12A, subsection 5, Code 2023, is
amended to read as follows:
5. The department of revenue and the department of health
and human services shall each adopt rules to jointly administer
this section.
Sec. 1121. Section 422.12K, subsection 3, Code 2023, is
amended to read as follows:
3. The department of health and human services may authorize
payment of moneys from the child abuse prevention program fund
in accordance with section 235A.2.
Sec. 1122. Section 422D.6, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Nondisposable essential ambulance equipment, as defined
by rule by the Iowa department of public health and human
services.
Sec. 1123. Section 423.3, subsection 18, paragraphs b, c, d,
and g, Code 2023, are amended to read as follows:
-777- b. Residential facilities licensed by the department of
health and human services pursuant to chapter 237, other than
those maintained by individuals as defined in section 237.1,
subsection 7.
c. Rehabilitation facilities that provide accredited
rehabilitation services to persons with disabilities which are
accredited by the commission on accreditation of rehabilitation
facilities or the council on quality and leadership and adult
day care services approved for reimbursement by the state
department of health and human services.
d. Community mental health centers accredited by the
department of health and human services pursuant to chapter
225C.
g. Substance abuse use disorder treatment or prevention
programs that receive block grant funding from the Iowa
department of public health and human services.
Sec. 1124. Section 423.3, subsection 18, paragraph f,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Home and community-based services providers certified to
offer Medicaid waiver services by the department of health and
human services that are any of the following:
Sec. 1125. Section 423.3, subsections 31 and 58, Code 2023,
are amended to read as follows:
31. a. The sales price of tangible personal property or
specified digital products sold to and of services furnished
to a tribal government as defined in section 216A.161, or the
sales price of tangible personal property or specified digital
products sold to and of services furnished, and used for public
purposes sold to a tax-certifying or tax-levying body of the
state or a governmental subdivision of the state, including the
following: regional transit systems, as defined in section
324A.1; the state board of regents; department of health
and human services; state department of transportation; any
municipally owned solid waste facility which sells all or part
-778-of its processed waste as fuel to a municipally owned public
utility; and all divisions, boards, commissions, agencies,
or instrumentalities of state, federal, county, municipal,
or tribal government which have no earnings going to the
benefit of an equity investor or stockholder, except any of the
following:
a. (1) The sales price of tangible personal property or
specified digital products sold to, or of services furnished,
and used by or in connection with the operation of any
municipally owned public utility engaged in selling gas,
electricity, heat, pay television service, or communication
service to the general public.
b. (2) The sales price of furnishing of sewage services to
a county or municipality on behalf of nonresidential commercial
operations.
c. (3) The furnishing of solid waste collection and
disposal service to a county or municipality on behalf of
nonresidential commercial operations located within the county
or municipality.
b. For the purposes of this subsection, “tribal government”
means the governing body of a federally recognized Indian
tribe.
58. The sales price from the sale of items purchased with
coupons, food stamps, electronic benefits transfer cards a
supplemental nutrition assistance program benefit transfer
instrument as defined in section 234.13, or other methods
method of payment authorized by the United States department
of agriculture, and issued under the federal Food Stamp Act of
1977, 7 U.S.C. §2011 et seq.or under the federal supplemental
nutritional assistance program established in 7 U.S.C. §2013.
Sec. 1126. Section 423.4, subsection 1, paragraph a,
subparagraphs (4) and (9), Code 2023, are amended to read as
follows:
(4) A tax-certifying or tax-levying body or governmental
subdivision of the state, including the state board of regents,
-779-state the department of health and human services, and the
state department of transportation.
(9) A tribal government as defined in section 216A.161,
and any instrumentalities of the tribal government which do
not have earnings going to the benefit of an equity investor
or stockholder. For the purposes of this subparagraph, “tribal
government” means the governing body of a federally recognized
Indian tribe.
Sec. 1127. Section 425.2, subsection 3, Code 2023, is
amended to read as follows:
3. In case the owner of the homestead is in active service
in the armed forces of this state or of the United States,
or is sixty-five years of age or older, or is disabled, the
statement and designation may be signed and delivered by any
member of the owner’s family, by the owner’s guardian or
conservator, or by any other person who may represent the owner
under power of attorney. If the owner of the homestead is
married, the spouse may sign and deliver the statement and
designation. The director of health and human services or
the director’s designee may make application for the benefits
of this subchapter as the agent for and on behalf of persons
receiving assistance under chapter 249.
Sec. 1128. Section 425.16, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The reimbursement of rent constituting property taxes
paid under this subchapter shall be administered by the
department of health and human services as provided in this
subchapter.
Sec. 1129. Section 425.17, subsection 3, Code 2023, is
amended to read as follows:
3. “Gross rent” means rental paid at arm’s length for the
right of occupancy of a homestead or manufactured or mobile
home, including rent for space occupied by a manufactured or
mobile home not to exceed one acre. If the department of
health and human services determines that the landlord and
-780-tenant have not dealt with each other at arm’s length, and the
department of health and human services is satisfied that the
gross rent charged was excessive, the department of health and
human services shall adjust the gross rent to a reasonable
amount as determined by the department of health and human
services.
Sec. 1130. Section 425.18, Code 2023, is amended to read as
follows:
425.18 Right to file a claim.
The right to file a claim for reimbursement or credit under
this subchapter may be exercised by the claimant or on behalf
of a claimant by the claimant’s legal guardian, spouse, or
attorney, or by the executor or administrator of the claimant’s
estate. If a claimant dies after having filed a claim for
reimbursement for rent constituting property taxes paid, the
amount of the reimbursement may be paid to another member of
the household as determined by the department of health and
human services. If the claimant was the only member of the
household, the reimbursement may be paid to the claimant’s
executor or administrator, but if neither is appointed and
qualified within one year from the date of the filing of
the claim, the reimbursement shall escheat to the state. If
a claimant dies after having filed a claim for credit for
property taxes due, the amount of credit shall be paid as if
the claimant had not died.
Sec. 1131. Section 425.19, Code 2023, is amended to read as
follows:
425.19 Claim and credit or reimbursement.
Subject to the limitations provided in this subchapter, a
claimant may annually claim a credit for property taxes due
during the fiscal year next following the base year or claim
a reimbursement for rent constituting property taxes paid in
the base year. The amount of the credit for property taxes
due for a homestead shall be paid on June 15 of each year
from the elderly and disabled property tax credit fund under
-781-section 425.39, subsection 1, by the director of revenue to
the county treasurer who shall credit the money received
against the amount of the property taxes due and payable on the
homestead of the claimant and the amount of the reimbursement
for rent constituting property taxes paid shall be paid by the
director of health and human services to the claimant from the
reimbursement fund under section 425.39, subsection 2, on or
before December 31 of each year.
Sec. 1132. Section 425.20, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A claim for reimbursement for rent constituting property
taxes paid shall not be paid or allowed, unless the claim is
filed with and in the possession of the department of health
and human services on or before June 1 of the year following
the base year.
3. In case of sickness, absence, or other disability of
the claimant or if, in the judgment of the director of revenue
or the director of health and human services, as applicable,
good cause exists and the claimant requests an extension, the
director of health and human services may extend the time for
filing a claim for reimbursement and the director of revenue
may extend the time for filing a claim for credit. However,
any further time granted shall not extend beyond December 31
of the year following the year in which the claim was required
to be filed. Claims filed as a result of this subsection shall
be filed with the director of health and human services or the
director of revenue, as applicable, who shall provide for the
reimbursement of the claim to the claimant.
Sec. 1133. Section 425.25, subsection 2, Code 2023, is
amended to read as follows:
2. The director of health and human services shall make
available suitable forms with instructions for claimants of the
reimbursement for rent constituting property taxes paid. The
claim shall be in a form as the director of health and human
services may prescribe. The director of revenue shall devise a
-782-reimbursement table with amounts rounded to the nearest even
whole dollar and provide such table to the director of health
and human services. Reimbursements in the amount of less than
one dollar shall not be paid.
Sec. 1134. Section 425.26, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Every claimant for reimbursement of rent constituting
property taxes paid shall give the department of health and
human services, in support of the claim, reasonable proof of:
Sec. 1135. Section 425.26, subsection 3, Code 2023, is
amended to read as follows:
3. The department of revenue or the department of health and
human services may require any additional proof necessary to
support a claim.
Sec. 1136. Section 425.27, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The department of health and human services is
responsible for the audit of claims for reimbursement for rent
constituting property taxes paid under this subchapter.
Sec. 1137. Section 425.27, subsection 3, Code 2023, is
amended to read as follows:
3. If on the audit of a claim for reimbursement for rent
constituting property taxes paid under this subchapter, the
department of health and human services determines the amount
of the claim to have been incorrectly calculated or that the
claim is not allowable, the department of health and human
services shall recalculate the claim and notify the claimant
of the recalculation or denial and the reasons for it. The
recalculation of the claim shall be final unless appealed
to the director of health and human services within thirty
days from the date of notice of recalculation or denial. The
director of health and human services shall grant a hearing,
and upon hearing determine the correct claim, if any, and
notify the claimant of the decision by mail. The department of
health and human services shall not adjust a claim after three
-783-years from October 31 of the year in which the claim was filed.
If the claim for reimbursement has been paid, the amount may be
recovered by the department of health and human services. The
decision of the director of health and human services shall be
final unless appealed as provided in section 425.31.
Sec. 1138. Section 425.27, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. For the purpose of administering the reimbursement for
rent constituting property taxes paid, including the duties of
the director of health and human services and the department of
health and human services under this subchapter, the director
of health and human services shall have the same powers as
those described in section 422.70.
Sec. 1139. Section 425.28, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. A claimant for reimbursement of rent constituting
property taxes paid shall expressly waive any right to
confidentiality relating to all income tax information
obtainable by the department of health and human services.
3. For the effective administration of this subchapter, the
department of revenue and the department of health and human
services shall share information obtained by each department
from claimants under this subchapter.
4. In addition to the sharing of information under
subsection 3, the department of health and human services may
release information pertaining to a person’s eligibility or
claim for or receipt of rent reimbursement to an employee of
the department of inspections and appeals in the employee’s
official conduct of an audit or investigation.
Sec. 1140. Section 425.29, subsection 3, Code 2023, is
amended to read as follows:
3. In the case of a claim for reimbursement disallowed by
the department of health and human services, the department of
health and human services may impose penalties described in
section 421.27. The department of health and human services
-784-shall send a notice of disallowance of the claim.
Sec. 1141. Section 425.31, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. Judicial review of the actions of the director of health
and human services or the department of health and human
services under this subchapter may be sought in accordance with
the terms of chapter 17A and the rules of the department of
health and human services.
3. For cause and upon a showing by the director of revenue
or the director of health and human services, as applicable,
that collection of the amount in dispute is in doubt, the
court may order the petitioner to file with the clerk a bond
for the use of the respondent, with sureties approved by the
clerk, equal to the amount appealed from, conditioned that the
petitioner shall perform the orders of the court.
4. An appeal may be taken by the claimant or the director
of revenue or the director of health and human services, as
applicable, to the supreme court of this state irrespective of
the amount involved.
Sec. 1142. Section 425.33, subsection 1, Code 2023, is
amended to read as follows:
1. If upon petition by a claimant the department of health
and human services determines that a landlord has increased the
claimant’s rent primarily because the claimant is eligible for
reimbursement under this subchapter, the department of health
and human services shall request the landlord by mail to reduce
the rent appropriately.
Sec. 1143. Section 425.33, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In determining whether a landlord has increased a
claimant’s rent primarily because the claimant is eligible for
reimbursement under this subchapter, the department of health
and human services shall consider the following factors:
Sec. 1144. Section 425.33, subsection 3, Code 2023, is
amended to read as follows:
-785- 3. If the landlord fails to comply with the request of the
department of health and human services within fifteen days
after the request is mailed, the department of health and human
services shall order the rent reduced by an appropriate amount.
Sec. 1145. Section 425.34, subsection 1, Code 2023, is
amended to read as follows:
1. If the department of health and human services orders a
landlord to reduce rent to a claimant, then upon the request
of the landlord the department of health and human services
shall hold a prompt hearing of the matter, to be conducted in
accordance with the rules of the department. The department of
health and human services shall give notice of the decision by
mail to the claimant and to the landlord.
Sec. 1146. Section 425.37, Code 2023, is amended to read as
follows:
425.37 Rules.
The director of revenue and the director of health and human
services shall each adopt rules in accordance with chapter
17A for the interpretation and proper administration of this
subchapter and each department’s applicable powers and duties
under this subchapter, including rules to prevent and disallow
duplication of benefits and to prevent any unreasonable
hardship or advantage to any person.
Sec. 1147. Section 425.39, subsection 2, Code 2023, is
amended to read as follows:
2. The elderly and disabled rent reimbursement fund is
created. There is appropriated annually from the general fund
of the state to the department of health and human services
to be credited to the elderly and disabled rent reimbursement
fund, from funds not otherwise appropriated, an amount
sufficient to implement this subchapter for reimbursement for
rent constituting property taxes paid for claimants described
in section 425.17, subsection 2, paragraph “a”, subparagraph
(1).
Sec. 1148. Section 425.40, Code 2023, is amended to read as
-786-follows:
425.40 Low-income fund created.
1. A low-income tax credit and reimbursement fund is
created. Within the low-income tax credit and reimbursement
fund, a rent reimbursement account is created under the control
of the department of health and human services and a tax
credit account is created under the control of the department
of revenue. Amounts appropriated to the fund shall first be
credited to the rent reimbursement account.
2. a. The director of health and human services shall use
amounts credited to the rent reimbursement account for a fiscal
year to pay all claims for reimbursement of rent constituting
property taxes paid for claimants described in section 425.17,
subsection 2, paragraph “a”, subparagraph (2). If the amount
appropriated for purposes of this section for a fiscal year
and credited to the rent reimbursement account is insufficient
to pay all claims in full, the director of health and human
services shall pay all such claims on a pro rata basis.
b. If the amount appropriated for purposes of this section
for a fiscal year and credited to the rent reimbursement
account exceeds the amount necessary to pay in full all
reimbursement claims for the fiscal year, the department of
health and human services shall transfer such excess amount
to the department of revenue for deposit in the tax credit
account. The department of revenue shall use any amounts
credited to the tax credit account for a fiscal year to pay to
the counties all claims for credit for property taxes due for
the fiscal year, or if such amount is insufficient, to pay to
the counties all such claims on a pro rata basis.
3. In order for the director of revenue or the director
of health and human services to carry out the requirements of
subsection 2, notwithstanding any provision to the contrary in
this subchapter, claims for reimbursement for rent constituting
property taxes paid filed before May 1 of the fiscal year
shall be eligible to be paid in full during the fiscal year
-787-and those claims filed on or after May 1 of the fiscal year
shall be eligible to be paid during the following fiscal year
and the director of revenue is not required to make payments
to counties for the property tax credit before June 15 of the
fiscal year.
Sec. 1149. Section 426B.1, Code 2023, is amended to read as
follows:
426B.1 Appropriations — property tax relief fund.
1. A property tax relief fund is created in the state
treasury under the authority of the department of health
and human services. The fund shall be separate from the
general fund of the state and shall not be considered part
of the general fund of the state except in determining the
cash position of the state for payment of state obligations.
The moneys in the fund are not subject to the provisions of
section 8.33 and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this chapter. Moneys in the fund may be used for cash flow
purposes, provided that any moneys so allocated are returned
to the fund by the end of each fiscal year. However, the
fund shall be considered a special account for the purposes
of section 8.53, relating to elimination of any GAAP deficit.
For the purposes of this chapter, unless the context otherwise
requires, “property tax relief fund” means the property tax
relief fund created in this section.
2. Moneys shall be distributed from the property tax relief
fund to the mental health and disability services regional
service system for mental health and disabilities disability
services, in accordance with the appropriations made to the
fund and other statutory requirements.
Sec. 1150. Section 426B.2, Code 2023, is amended to read as
follows:
426B.2 Property tax relief fund payments.
The director of health and human services shall draw
warrants on the property tax relief fund, payable to
-788-the regional administrator in the amount due to a mental
health and disability services region in accordance with
statutory requirements, and mail the warrants to the regional
administrator in July and January of each year.
Sec. 1151. Section 426B.4, Code 2023, is amended to read as
follows:
426B.4 Rules.
The mental health and disability services commission shall
consult with regional administrators and the director of health
and human services in prescribing forms and adopting rules
pursuant to chapter 17A to administer this chapter.
Sec. 1152. Section 427.9, Code 2023, is amended to read as
follows:
427.9 Suspension of taxes, assessments, and rates or charges,
including interest, fees, and costs.
If a person is a recipient of federal supplementary security
income or state supplementary assistance, as defined in
section 249.1, or is a resident of a health care facility, as
defined by section 135C.1, which is receiving payment from
the department of health and human services for the person’s
care, the person shall be deemed to be unable to contribute to
the public revenue. The director of health and human services
shall notify a person receiving such assistance of the tax
suspension provision and shall provide the person with evidence
to present to the appropriate county board of supervisors which
shows the person’s eligibility for tax suspension on parcels
owned, possessed, or upon which the person is paying taxes
as a purchaser under contract. The board of supervisors so
notified, without the filing of a petition and statement as
specified in section 427.8, shall order the county treasurer to
suspend the collection of all the taxes, special assessments,
and rates or charges, including interest, fees, and costs,
assessed against the parcels and remaining unpaid by the person
or contractually payable by the person, for such time as the
person remains the owner or contractually prospective owner
-789-of the parcels, and during the period the person receives
assistance as described in this section. The county board of
supervisors shall annually send to the department of health
and human services the names and social security numbers of
persons receiving a tax suspension pursuant to this section.
The department shall verify the continued eligibility for tax
suspension of each name on the list and shall return the list
to the board of supervisors. The director of health and human
services shall advise the person that the person may apply for
an additional property tax credit pursuant to sections 425.16
through 425.37 which shall be credited against the amount of
the taxes suspended.
Sec. 1153. Section 432.13, Code 2023, is amended to read as
follows:
432.13 Premium tax exemption — hawk-i Hawki program — state
employee benefits.
1. Premiums collected by participating insurers under
chapter 514I are exempt from premium tax.
2. Premiums received for benefits acquired on behalf of
state employees by the department of administrative services
pursuant to section 8A.402, subsection 1, and by the state
board of regents pursuant to chapter 262, are exempt from
premium tax.
Sec. 1154. Section 453A.13, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The department, or a city or county, shall submit
a duplicate of any application for a retail permit to the
alcoholic beverages division of the department of commerce
within thirty days of the issuance. The alcoholic beverages
division of the department of commerce shall submit the current
list of all retail permits issued to the Iowa department of
public health and human services by the last day of each
quarter of a state fiscal year.
Sec. 1155. Section 453A.35A, subsection 2, Code 2023, is
amended to read as follows:
-790- 2. Moneys in the fund shall be used only for purposes
related to health care, substance abuse use disorder treatment
and prevention, and tobacco use prevention, cessation, and
control.
Sec. 1156. Section 453A.47A, subsection 6, Code 2023, is
amended to read as follows:
6. Issuance. Cities may issue retail permits to retailers
located within their respective limits. County boards of
supervisors may issue retail permits to retailers located in
their respective counties, outside of the corporate limits of
cities. The city or county shall submit a duplicate of any
application for a retail permit to the alcoholic beverages
division of the department of commerce within thirty days of
issuance of a permit. The alcoholic beverages division of the
department of commerce shall submit the current list of all
retail permits issued to the Iowa department of public health
and human services by the last day of each quarter of a state
fiscal year.
Sec. 1157. Section 455B.190A, subsection 3, paragraph b,
subparagraph (5), Code 2023, is amended to read as follows:
(5) The director of public health and human services or the
director’s designee.
Sec. 1158. Section 455B.335A, subsection 1, Code 2023, is
amended to read as follows:
1. The director shall require that a person who operates
or proposes to operate a waste incinerator which provides for
the incineration of pathological radioactive materials conduct
dispersion modeling, under the direction of the Iowa department
of public health and human services, for radiological isotopes
to measure the emission levels of alpha and gamma rays. The
director shall allow a three-month period during which time the
operator or person proposing operation of such an incinerator
shall conduct the required dispersion modeling. In order to
initiate or continue such incineration, the results of the
modeling shall provide that the existing incinerator meets
-791-or the proposed incinerator will meet the emission standards
established by the United States environmental protection
agency for a selected isotope.
Sec. 1159. Section 455B.427, subsection 2, paragraph c,
Code 2023, is amended to read as follows:
c. A summary of serious health problems in the immediate
vicinity of the site and health problems deemed by the director
in cooperation with the Iowa department of public health and
human services to be related to conditions at the site.
Sec. 1160. Section 455B.427, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In developing and maintaining the annual report, the
director shall assess the relative priority of the need for
action at each site to remedy environmental and health problems
resulting from the presence of hazardous wastes or hazardous
substances at the sites. In making assessments of relative
priority, the director, in cooperation with the Iowa department
of public health and human services on matters relating to
public health, shall place every site in one of the following
classifications:
Sec. 1161. Section 455B.427, subsection 5, Code 2023, is
amended to read as follows:
5. The director shall work with the Iowa department of
public health and human services when assessing the effects of
a hazardous waste or hazardous substance disposal site on human
health.
Sec. 1162. Section 455E.11, subsection 2, paragraph a,
subparagraph (2), subparagraph division (a), subparagraph
subdivision (i), Code 2023, is amended to read as follows:
(i) Eight thousand dollars shall be transferred to the Iowa
department of public health and human services for departmental
duties required under section sections 135.11, subsections 18
and 19, and section 139A.21.
Sec. 1163. Section 455E.11, subsection 2, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
-792- (1) Nine thousand dollars of the account is appropriated
to the Iowa department of public health and human services for
carrying out the departmental duties under section sections
135.11, subsections 18 and 19, and section 139A.21.
Sec. 1164. Section 455E.11, subsection 2, paragraph
b, subparagraph (2), subparagraph division (b), unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Two percent is appropriated annually to the department and,
except for administrative expenses, is transferred to the Iowa
department of public health and human services for the purpose
of administering grants to counties and conducting oversight of
county-based programs for the testing of private rural water
supply wells, private rural water supply well sealing, and the
proper closure of private rural abandoned wells and cisterns.
Not more than thirty-five percent of the moneys is appropriated
annually for grants to counties for the purpose of conducting
programs of private rural water supply testing, private rural
water supply well sealing, the proper closure of private rural
abandoned wells and cisterns, or any combination thereof.
An amount agreed to by the department of natural resources
and the Iowa department of public health and human services
shall be retained by the department of natural resources for
administrative expenses.
Sec. 1165. Section 455E.11, subsection 2, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The moneys collected pursuant to section 455F.7
and moneys collected pursuant to section 29C.8A which are
designated for deposit shall be deposited in the household
hazardous waste account. Two thousand dollars is appropriated
annually to the Iowa department of public health and human
services to carry out departmental duties under section
sections 135.11, subsections 18 and 19, and section 139A.21.
The remainder of the account shall be used to fund the efforts
of the department to support a collection system for household
hazardous materials, including public education programs,
-793-training, and consultation of local governments in the
establishment and operation of permanent collection systems,
and the management of collection sites, education programs,
and other activities pursuant to chapter 455F, including the
administration of the household hazardous materials retailer
permit program by the department of revenue.
Sec. 1166. Section 455E.11, subsection 2, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) One thousand dollars is appropriated annually to
the Iowa department of public health and human services to
carry out departmental duties under section sections 135.11,
subsections 18 and 19, and section 139A.21.
Sec. 1167. Section 462A.14, subsection 2, paragraph a,
subparagraph (4), Code 2023, is amended to read as follows:
(4) Assignment to substance abuse use disorder evaluation
and treatment, pursuant to subsection 12, and a course for
drinking drivers.
Sec. 1168. Section 462A.14, subsection 2, paragraph b,
subparagraph (4), Code 2023, is amended to read as follows:
(4) Assignment to substance abuse use disorder evaluation
and treatment, pursuant to subsections 12 and 13, and a course
for drinking drivers.
Sec. 1169. Section 462A.14, subsection 2, paragraph c,
subparagraph (4), Code 2023, is amended to read as follows:
(4) Assignment to substance abuse use disorder evaluation
and treatment, pursuant to subsections 12 and 13, and a course
for drinking drivers.
Sec. 1170. Section 462A.14, subsection 2, paragraphs d and
e, Code 2023, are amended to read as follows:
d. A class “D” felony for any offense under this
section resulting in serious injury to persons other than
the defendant, if the court determines that the person who
committed the offense caused the serious injury, and shall
be imprisoned for a determinate sentence of not more than
five years but not less than thirty days, or committed to the
-794-custody of the director of the department of corrections, and
assessed a fine of not less than two thousand five hundred
dollars nor more than seven thousand five hundred dollars. A
person convicted of a felony offense may be committed to the
custody of the director of the department of corrections, who
shall assign the person to a facility pursuant to section
904.513. The court shall also order that the person not
operate a motorboat or sailboat for one year in addition to
any other period of time the defendant would have been ordered
not to operate if no injury had occurred in connection with
the violation. The court shall also assign the defendant to
substance abuse use disorder evaluation and treatment pursuant
to subsections 12 and 13, and a course for drinking drivers.
e. A class “B” felony for any offense under this section
resulting in the death of persons other than the defendant, if
the court determines that the person who committed the offense
caused the death, and shall be imprisoned for a determinate
sentence of not more than twenty-five years, or committed to
the custody of the director of the department of corrections.
A person convicted of a felony offense may be committed to
the custody of the director of the department of corrections,
who shall assign the person to a facility pursuant to section
904.513. The court shall also order that the person not
operate a motorboat or sailboat for six years. The court shall
also assign the defendant to substance abuse use disorder
evaluation and treatment pursuant to subsections 12 and 13, and
a course for drinking drivers.
Sec. 1171. Section 462A.14, subsection 12, Code 2023, is
amended to read as follows:
12. a. All substance abuse use disorder evaluations
required under this section shall be completed at the
defendant’s expense.
b. In addition to assignment to substance abuse use disorder
evaluation and treatment under this section, the court shall
order any defendant convicted under this section to follow the
-795-recommendations proposed in the substance abuse use disorder
evaluation for appropriate substance abuse use disorder
treatment for the defendant. Court-ordered substance abuse
use disorder treatment is subject to the periodic reporting
requirements of section 125.86.
c. If a defendant is committed by the court to a substance
abuse use disorder treatment facility, the administrator of the
facility shall report to the court when it is determined that
the defendant has received the maximum benefit of treatment
at the facility and the defendant shall be released from the
facility. The time for which the defendant is committed for
treatment shall be credited against the defendant’s sentence.
d. The court may prescribe the length of time for the
evaluation and treatment or the court may request that the
community college or licensed substance abuse use disorder
program conducting the course for drinking drivers which the
defendant is ordered to attend or the treatment program to
which the defendant is committed immediately report to the
court when the defendant has received maximum benefit from
the course for drinking drivers or treatment program or has
recovered from the defendant’s addiction, dependency, or
tendency to chronically abuse use alcohol or drugs.
e. Upon successfully completing a course for drinking
drivers or an ordered substance abuse use disorder treatment
program, a court may place the defendant on probation for six
months and as a condition of probation, the defendant shall
attend a program providing posttreatment services relating to
substance abuse use disorder as approved by the court.
f. A defendant committed under this section who does not
possess sufficient income or estate to make payment of the
costs of the treatment in whole or in part shall be considered
a state patient and the costs of treatment shall be paid as
provided in section 125.44.
g. A defendant who fails to carry out the order of the
court shall be confined in the county jail for twenty days in
-796-addition to any other imprisonment ordered by the court or may
be ordered to perform unpaid community service work, and shall
be placed on probation for one year with a violation of this
probation punishable as contempt of court.
h. In addition to any other condition of probation, the
defendant shall attend a program providing substance abuse use
disorder prevention services or posttreatment services related
to substance abuse use disorder as ordered by the court. The
defendant shall report to the defendant’s probation officer as
ordered concerning proof of attendance at the treatment program
or posttreatment program ordered by the court. Failure to
attend or complete the program shall be considered a violation
of probation and is punishable as contempt of court.
Sec. 1172. Section 466B.3, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. The director of the department of public health and human
services or the director’s designee.
Sec. 1173. Section 470.5, Code 2023, is amended to read as
follows:
470.5 Exceptions.
This chapter does not apply to buildings used on January 1,
1980, by the division of adult corrections of the department
of health and human services as maximum security detention
facilities or to the renovation of property nominated to, or
entered in the national register of historic places, designated
by statute, or included in an established list of historic
places compiled by the historical division of the department of
cultural affairs.
Sec. 1174. Section 476.20, subsection 2, Code 2023, is
amended to read as follows:
2. The board shall establish rules requiring a regulated
public utility furnishing gas or electricity to include in
the utility’s notice of pending disconnection of service a
written statement advising the customer that the customer
may be eligible to participate in the low income home energy
-797-assistance program or weatherization assistance program
administered by the division of community action agencies
of the department of health and human rights services. The
written statement shall list the address and telephone number
of the local agency which is administering the customer’s low
income home energy assistance program and the weatherization
assistance program. The written statement shall also state
that the customer is advised to contact the public utility
to settle any of the customer’s complaints with the public
utility, but if a complaint is not settled to the customer’s
satisfaction, the customer may file the complaint with the
board. The written statement shall include the address
and phone number of the board. If the notice of pending
disconnection of service applies to a residence, the written
statement shall advise that the disconnection does not apply
from November 1 through April 1 for a resident who is a “head
of household”, as defined in section 422.4, and who has been
certified to the public utility by the local agency which is
administering the low income home energy assistance program and
weatherization assistance program as being eligible for either
the low income home energy assistance program or weatherization
assistance program, and that if such a resident resides within
the serviced residence, the customer should promptly have
the qualifying resident notify the local agency which is
administering the low income home energy assistance program and
weatherization assistance program. The board shall establish
rules requiring that the written notice contain additional
information as it deems necessary and appropriate.
Sec. 1175. Section 476.51, subsection 5, Code 2023, is
amended to read as follows:
5. Civil penalties collected pursuant to this section from
utilities providing water, electric, or gas service shall
be forwarded by the chief operating officer of the board to
the treasurer of state to be credited to the general fund of
the state and to be used only for the low income home energy
-798-assistance program and the weatherization assistance program
administered by the division of community action agencies of
the department of health and human rights services. Civil
penalties collected pursuant to this section from utilities
providing telecommunications service shall be forwarded to
the treasurer of state to be credited to the department of
commerce revolving fund created in section 546.12 to be used
only for consumer education programs administered by the board.
Penalties paid by a rate-regulated public utility pursuant to
this section shall be excluded from the utility’s costs when
determining the utility’s revenue requirement, and shall not be
included either directly or indirectly in the utility’s rates
or charges to customers.
Sec. 1176. Section 476.66, subsection 6, Code 2023, is
amended to read as follows:
6. The rules established by the utilities board shall
require an annual report to be filed for each fund. The
utilities board shall compile an annual statewide report of the
fund results. The division of community action agencies of the
department of health and human rights services shall prepare
an annual report of the unmet need for energy assistance
and weatherization. Both reports shall be submitted to the
appropriations committees of the general assembly on the first
day of the following session.
Sec. 1177. Section 477C.5, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. One representative from the office of deaf services of
the department of health and human rights services.
Sec. 1178. Section 478.29, subsection 1, Code 2023, is
amended to read as follows:
1. A person who violates a provision of this chapter is
subject to a civil penalty, which may be levied by the board,
of not more than one hundred dollars per violation or one
thousand dollars per day of a continuing violation, whichever
is greater. Civil penalties collected pursuant to this section
-799-shall be forwarded by the chief operating officer of the board
to the treasurer of state to be credited to the general fund of
the state and appropriated to the division of community action
agencies of the department of health and human rights services
for purposes of the low income home energy assistance program
and the weatherization assistance program.
Sec. 1179. Section 479.31, subsection 1, Code 2023, is
amended to read as follows:
1. A person who violates this chapter or any rule or
order issued pursuant to this chapter shall be subject to
a civil penalty levied by the board in accordance with 49
C.F.R. §190.223. Each day that the violation continues shall
constitute a separate offense. Civil penalties collected
pursuant to this section shall be forwarded by the chief
operating officer of the board to the treasurer of state to be
credited to the general fund of the state and appropriated to
the division of community action agencies of the department
of health and human rights services for purposes of the low
income home energy assistance program and the weatherization
assistance program.
Sec. 1180. Section 479B.21, subsection 1, Code 2023, is
amended to read as follows:
1. A person who violates this chapter or any rule or
order issued pursuant to this chapter shall be subject to a
civil penalty levied by the board in an amount not to exceed
one thousand dollars for each violation. Each day that the
violation continues shall constitute a separate offense.
However, the maximum civil penalty shall not exceed two hundred
thousand dollars for any related series of violations. Civil
penalties collected pursuant to this section shall be forwarded
by the chief operating officer of the board to the treasurer
of state to be credited to the general fund of the state and
appropriated to the division of community action agencies of
the department of health and human rights services for purposes
of the low income home energy assistance program and the
-800-weatherization assistance program.
Sec. 1181. Section 483A.24, subsections 7 and 15, Code 2023,
are amended to read as follows:
7. A license shall not be required of minor pupils of the
Iowa braille and sight saving school, Iowa school for the deaf,
or of minor residents of other state institutions under the
control of an administrator of a division of the department
of health and human services. In addition, a person who is
on active duty with the armed forces of the United States,
on authorized leave from a duty station located outside of
this state, and a resident of the state of Iowa shall not be
required to have a license to hunt or fish in this state. The
military person shall carry the person’s leave papers and a
copy of the person’s current earnings statement showing a
deduction for Iowa income taxes while hunting or fishing. In
lieu of carrying the person’s earnings statement, the military
person may also claim residency if the person is registered to
vote in this state. If a deer or wild turkey is taken, the
military person shall immediately contact a state conservation
officer to obtain an appropriate tag to transport the animal.
A license shall not be required of residents of county care
facilities or any person who is receiving supplementary
assistance under chapter 249.
15. The department may issue a permit, subject to conditions
established by the department, which authorizes patients of a
substance abuse use disorder facility, residents of health care
facilities licensed under chapter 135C, tenants of elder group
homes licensed under chapter 231B, tenants of assisted living
program facilities licensed under chapter 231C, participants
who attend adult day services programs licensed under chapter
231D, participants in services funded under a federal home and
community-based services waiver implemented under the medical
assistance program as defined in chapter 249A, and persons
cared for in juvenile shelter care homes as provided for in
chapter 232 to fish without a license as a supervised group.
-801-A person supervising a group pursuant to this subsection may
fish with the group pursuant to the permit and is not required
to obtain a fishing license.
Sec. 1182. Section 505.16, subsection 2, Code 2023, is
amended to read as follows:
2. The insurance commissioner shall approve rules for
carrying out this section including rules relating to the
preparation of information to be provided before and after a
test and the protection of confidentiality of personal and
medical records of insurance applicants and policyholders.
The rules shall require a person engaged in the business
of insurance who receives results of a positive human
immunodeficiency virus test of an insurance applicant or
policyholder to report those results to a physician or
alternative testing site of the applicant’s or policyholder’s
choice, or if the applicant or policyholder does not choose a
physician or alternative testing site to receive the results,
to the Iowa department of public health and human services.
Sec. 1183. Section 505.25, Code 2023, is amended to read as
follows:
505.25 Information provided to medical assistance program,
hawk-i Hawki program, and child support recovery unit services.
A carrier, as defined in section 514C.13, shall enter into
a health insurance data match program with the department of
health and human services for the sole purpose of comparing the
names of the carrier’s insureds with the names of recipients of
the medical assistance program under chapter 249A, individuals
under the purview of the child support recovery unit services
pursuant to chapter 252B, or enrollees of the hawk-i Hawki
program under chapter 514I.
Sec. 1184. Section 505.34, Code 2023, is amended to read as
follows:
505.34 Medical assistance and hawk-i Hawki programs —
applicability of subtitle.
1. The medical assistance program under chapter 249A and
-802-the healthy and well kids in Iowa (hawk-i) (Hawki) program
under chapter 514I shall not be subject to this subtitle unless
otherwise provided by law.
2. A managed care organization acting pursuant to a contract
with the department of health and human services to administer
the medical assistance program under chapter 249A, or the
healthy and well kids in the Iowa (hawk-i) (Hawki) program
under chapter 514I, shall not be subject to this subtitle
unless otherwise provided by law.
Sec. 1185. Section 508C.5, subsection 13, paragraph f, Code
2023, is amended to read as follows:
f. An entity whose only business in this state is operating
as a managed care organization. For purposes of this
paragraph, “managed care organization” means an entity that is
under contract with the Iowa department of health and human
services to provide services to Medicaid recipients and that
also meets the definition of “health maintenance organization”
in section 514B.1.
Sec. 1186. Section 509.1, subsection 7, Code 2023, is
amended to read as follows:
7. A policy issued to the department of health and human
services, which shall be deemed the policyholder, to insure
eligible persons for medical assistance, or for both mandatory
medical assistance and optional medical assistance, as defined
by chapter 249A as hereafter amended.
Sec. 1187. Section 509.3A, subsection 12, Code 2023, is
amended to read as follows:
12. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1188. Section 510B.1, subsections 9 and 22, Code 2023,
are amended to read as follows:
9. “Health carrier” means an entity subject to the
insurance laws and regulations of this state, or subject
to the jurisdiction of the commissioner, including an
insurance company offering sickness and accident plans, a
health maintenance organization, a nonprofit health service
-803-corporation, or a plan established pursuant to chapter 509A for
public employees. “Health carrier” does not include any of the
following:
a. The department of health and human services.
b. A managed care organization acting pursuant to a contract
with the department of health and human services to administer
the medical assistance program under chapter 249A or the
healthy and well kids in Iowa (hawk-i) (Hawki) program under
chapter 514I.
c. A policy or contract providing a prescription drug
benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
d. A plan offered or maintained by a multiple employer
welfare arrangement established under chapter 513D before
January 1, 2022.
22. “Third-party payor” means any entity other than a
covered person or a health care provider that is responsible
for any amount of reimbursement for a prescription drug
benefit. “Third-party payor” includes health carriers and other
entities that provide a plan of health insurance or health
care benefits. “Third-party payor” does not include any of the
following:
a. The department of health and human services.
b. A managed care organization acting pursuant to a contract
with the department of health and human services to administer
the medical assistance program under chapter 249A or the
healthy and well kids in Iowa (hawk-i) (Hawki) program under
chapter 514I.
c. A policy or contract providing a prescription drug
benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
Sec. 1189. Section 513B.2, subsection 8, paragraph l, Code
2023, is amended to read as follows:
l. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1190. Section 513C.3, subsection 12, paragraph d, Code
2023, is amended to read as follows:
d. Loss of eligibility for the hawk-i Hawki program
-804-authorized in chapter 514I.
Sec. 1191. Section 514.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Subscriber” means an individual who enters into a
contract for health care services with a corporation subject
to this chapter and includes a person eligible for mandatory
medical assistance or optional medical assistance as defined
under chapter 249A, with respect to whom the department of
health and human services has entered into a contract with a
firm operating under this chapter.
Sec. 1192. Section 514A.3B, subsection 3, paragraph l, Code
2023, is amended to read as follows:
l. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1193. Section 514B.3, subsection 1, paragraph m, Code
2023, is amended to read as follows:
m. A description of the procedures and programs to be
implemented to meet the requirements for quality of health
care as determined by the director of public health and human
services under section 514B.4.
Sec. 1194. Section 514B.3, subsection 3, Code 2023, is
amended to read as follows:
3. Upon receipt of an application for a certificate of
authority, the commissioner shall immediately transmit copies
of the application and accompanying documents to the director
of public health and human services and the affected regional
health planning council, as authorized by Pub.L. No.89-749,
42 U.S.C. §246(b)2b, for their nonbinding consultation and
advice.
Sec. 1195. Section 514B.4A, Code 2023, is amended to read
as follows:
514B.4A Direct provision of health care services.
1. An application for a certificate of authority to
provide health care services, directly, shall be forwarded
by the commissioner to the director of public health and
human services for review, comment, and recommendation, with
-805-respect to the health care services to be provided directly, to
assure that the applicant has demonstrated the willingness and
potential ability to provide the health care services through
adequate personnel and facilities.
2. Rules proposed by the commissioner for adoption
for the direct provision of health care services by a
health maintenance organization, shall be forwarded by the
commissioner to the director of public health and human
services for review, comment, and recommendation, prior to
submission to the administrative rules coordinator pursuant to
section 17A.4.
3. The director of public health and human services shall
respond to the commissioner, with respect to an application
or proposed rule, with any comments or recommendations within
thirty days of the forwarding of the application or proposed
rules to the director of public health and human services.
Sec. 1196. Section 514B.32, subsection 5, Code 2023, is
amended to read as follows:
5. The provisions of this chapter shall be applicable to a
managed care organization acting pursuant to a contract with
the department of health and human services to administer the
medical assistance program under chapter 249A, or the healthy
and well kids in Iowa (hawk-i) (Hawki) program under chapter
514I, only with respect to licensure and solvency standards
as evidenced by the managed care organization obtaining
and maintaining a certificate of authority, and maintaining
compliance with the solvency standards set forth in this
chapter.
Sec. 1197. Section 514B.33, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. For purposes of this section, “limited service
organization” means an organization providing dental care
services, vision care services, mental health services,
substance abuse use disorder services, pharmaceutical services,
podiatric care services, or such other services as may be
-806-determined by the commissioner.
Sec. 1198. Section 514C.9, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Enroll a child who is eligible for coverage under the
applicable terms and conditions of the health benefit plan and
the standard enrollment guidelines of the insurer, without
regard to any time of enrollment restriction, under dependent
coverage upon application by the obligee or other legal
custodian of the child or by the department of health and human
services in the event an obligor required by a court order or
administrative order fails to apply for coverage for the child.
Sec. 1199. Section 514C.9, subsection 4, Code 2023, is
amended to read as follows:
4. A group health plan shall establish reasonable
procedures to determine whether a child is covered under a
qualified medical child support order issued pursuant to
chapter 252E.The procedures shall be in writing, provide for
prompt notice of each person specified in the medical child
support order as eligible to receive benefits under the group
health plan upon receipt by the plan of the medical child
support order, and allow an obligee or other legal custodian
of the child under chapter 252E to designate a representative
for receipt of copies of notices in regard to the medical child
support order that are sent to the obligee or other legal
custodian of the child and the department of health and human
services’ child support recovery unit services.
Sec. 1200. Section 514C.18, subsection 1, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The diabetes self-management training and education
program is certified by the Iowa department of public health
and human services. The department shall consult with the
American diabetes association, Iowa affiliate, in developing
the standards for certification of diabetes education programs
that cover at least ten hours of initial outpatient diabetes
self-management training within a continuous twelve-month
-807-period and up to two hours of follow-up training for each
subsequent year for each individual diagnosed by a physician or
physician assistant with any type of diabetes mellitus.
Sec. 1201. Section 514C.27, Code 2023, is amended to read
as follows:
514C.27 Mental illness and substance abuse use disorder
treatment coverage for veterans.
1. Notwithstanding the uniformity of treatment requirements
of section 514C.6, a group policy or contract providing for
third-party payment or prepayment of health or medical expenses
issued by a carrier, as defined in section 513B.2, shall
provide coverage benefits to an insured who is a veteran for
treatment of mental illness and substance abuse use disorder if
either of the following is satisfied:
a. The policy or contract is issued to an employer who
on at least fifty percent of the employer’s working days
during the preceding calendar year employed more than fifty
full-time equivalent employees. In determining the number
of full-time equivalent employees of an employer, employers
who are affiliated or who are able to file a consolidated tax
return for purposes of state taxation shall be considered one
employer.
b. The policy or contract is issued to a small employer as
defined in section 513B.2, and such policy or contract provides
coverage benefits for the treatment of mental illness and
substance abuse use disorder.
2. Notwithstanding the uniformity of treatment requirements
of section 514C.6, a plan established pursuant to chapter 509A
for public employees shall provide coverage benefits to an
insured who is a veteran for treatment of mental illness and
substance abuse use disorder as defined in subsection 3.
3. For purposes of this section:
a. “Mental illness” means mental disorders as defined by the
commissioner by rule.
b. “Substance abuse use disorder” means a pattern of
-808-pathological use of alcohol or a drug that causes impairment
in social or occupational functioning, or that produces
physiological dependency evidenced by physical tolerance or by
physical symptoms when the alcohol or drug is withdrawn.
c. “Veteran” means the same as defined in section 35.1.
4. The commissioner, by rule, shall define “mental illness”
consistent with definitions provided in the most recent edition
of the American psychiatric association’s diagnostic and
statistical manual of mental disorders, as the definitions may
be amended from time to time. The commissioner may adopt the
definitions provided in such manual by reference.
5. This section shall not apply to accident-only,
specified disease, short-term hospital or medical, hospital
confinement indemnity, credit, dental, vision, Medicare
supplement, long-term care, basic hospital and medical-surgical
expense coverage as defined by the commissioner, disability
income insurance coverage, coverage issued as a supplement
to liability insurance, workers’ compensation or similar
insurance, or automobile medical payment insurance, or
individual accident and sickness policies issued to individuals
or to individual members of a member association.
6. A carrier or plan established pursuant to chapter 509A
may manage the benefits provided through common methods,
including but not limited to providing payment of benefits or
providing care and treatment under a capitated payment system,
prospective reimbursement rate system, utilization control
system, incentive system for the use of least restrictive and
least costly levels of care, a preferred provider contract
limiting choice of specific providers, or any other system,
method, or organization designed to assure services are
medically necessary and clinically appropriate.
7. a. A group policy or contract or plan covered under this
section shall not impose an aggregate annual or lifetime limit
on mental illness or substance abuse use disorder coverage
benefits unless the policy or contract or plan imposes an
-809-aggregate annual or lifetime limit on substantially all medical
and surgical coverage benefits.
b. A group policy or contract or plan covered under this
section that imposes an aggregate annual or lifetime limit on
substantially all medical and surgical coverage benefits shall
not impose an aggregate annual or lifetime limit on mental
illness or substance abuse use disorder coverage benefits which
is less than the aggregate annual or lifetime limit imposed on
substantially all medical and surgical coverage benefits.
8. A group policy or contract or plan covered under this
section shall at a minimum allow for thirty inpatient days
and fifty-two outpatient visits annually. The policy or
contract or plan may also include deductibles, coinsurance,
or copayments, provided the amounts and extent of such
deductibles, coinsurance, or copayments applicable to other
medical or surgical services coverage under the policy or
contract or plan are the same. It is not a violation of this
section if the policy or contract or plan excludes entirely
from coverage benefits for the cost of providing the following:
a. Care that is substantially custodial in nature.
b. Services and supplies that are not medically necessary or
clinically appropriate.
c. Experimental treatments.
9. This section applies to third-party payment provider
policies or contracts and plans established pursuant to chapter
509A delivered, issued for delivery, continued, or renewed in
this state on or after January 1, 2011.
Sec. 1202. Section 514E.1, subsection 6, paragraph k, Code
2023, is amended to read as follows:
k. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1203. Section 514F.7, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. “Health carrier” means an entity subject to the
insurance laws and regulations of this state, or subject
to the jurisdiction of the commissioner, including an
-810-insurance company offering sickness and accident plans, a
health maintenance organization, a nonprofit health service
corporation, a plan established pursuant to chapter 509A
for public employees, or any other entity providing a plan
of health insurance, health care benefits, or health care
services. “Health carrier” does not include a managed care
organization as defined in 441 IAC 73.1 when the managed care
organization is acting pursuant to a contract with the Iowa
department of health and human services to provide services to
Medicaid recipients.
Sec. 1204. Section 514F.8, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. “Health carrier” means an entity subject to the
insurance laws and regulations of this state, or subject
to the jurisdiction of the commissioner, including an
insurance company offering sickness and accident plans, a
health maintenance organization, a nonprofit health service
corporation, a plan established pursuant to chapter 509A
for public employees, or any other entity providing a plan
of health insurance, health care benefits, or health care
services. “Health carrier” does not include the department
of health and human services, or a managed care organization
acting pursuant to a contract with the department of health
and human services to administer the medical assistance
program under chapter 249A or the healthy and well kids in Iowa
(hawk-i) (Hawki) program under chapter 514I.
Sec. 1205. Section 514H.2, subsection 2, Code 2023, is
amended to read as follows:
2. The insurance division of the department of commerce
shall administer the program in cooperation with the division
responsible for medical services within the department
of health and human services. Each agency shall take all
necessary actions, including filing an appropriate medical
assistance state plan amendment to the state Medicaid plan to
take full advantage of the benefits and features of the Deficit
-811-Reduction Act of 2005.
Sec. 1206. Section 514H.5, subsection 2, Code 2023, is
amended to read as follows:
2. When the division responsible for medical services
within the department of health and human services determines
whether an individual is eligible for medical assistance
under chapter 249A, the division department shall make an
asset disregard adjustment for any individual who meets the
requirements of section 514H.3. The asset disregard shall
be available after benefits of the qualified long-term care
insurance policy have been applied to the cost of qualified
long-term care services as required under this chapter.
Sec. 1207. Section 514H.7, subsection 3, Code 2023, is
amended to read as follows:
3. The insurance division, in cooperation with the
department of health and human services, shall adopt rules
to provide an asset disregard to individuals who are covered
by a long-term care insurance policy prior to November 17,
2005, consistent with the Iowa long-term care asset disregard
incentive program.
Sec. 1208. Section 514H.8, Code 2023, is amended to read as
follows:
514H.8 Reciprocal agreements to extend asset disregard.
The division responsible for medical services within
the department of health and human services may enter into
reciprocal agreements with other states to extend the asset
disregard under section 514H.5 to Iowa residents who had
purchased or were covered by qualified long-term care insurance
policies in other states.
Sec. 1209. Section 514H.9, Code 2023, is amended to read as
follows:
514H.9 Rules.
The insurance division of the department of commerce in
cooperation with the department of health and human services
shall adopt rules pursuant to chapter 17A as necessary to
-812-administer this chapter.
Sec. 1210. Section 514I.1, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. It is the intent of the general assembly that the program
be implemented and administered in compliance with Tit.XXI
of the federal Social Security Act. If, as a condition of
receiving federal funds for the program, federal law requires
implementation and administration of the program in a manner
not provided in this chapter, during a period when the general
assembly is not in session, the department, with the approval
of the hawk-i Hawki board, shall proceed to implement and
administer those provisions, subject to review by the next
regular session of the general assembly.
4. It is the intent of the general assembly that the
hawk-i Hawki program be an integral part of the continuum of
health insurance coverage and that the program be developed
and implemented in such a manner as to facilitate movement of
families between health insurance providers and to facilitate
the transition of families to private sector health insurance
coverage.
Sec. 1211. Section 514I.2, Code 2023, is amended to read as
follows:
514I.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Benchmark benefit package” means any of the following:
a. The standard blue cross/blue shield preferred provider
option service benefit plan, described in and offered under 5
U.S.C. §8903(1).
b. A health benefits coverage plan that is offered and
generally available to state employees in this state.
c. The plan of a health maintenance organization as defined
in 42 U.S.C. §300e, with the largest insured commercial,
nonmedical assistance enrollment of covered lives in the state.
2. “Cost sharing” means the payment of a premium or
-813-copayment as provided for by Tit.XXI of the federal Social
Security Act and section 514I.10.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
5. “Eligible child” means an individual who meets the
criteria for participation in the program under section 514I.8.
6. “Hawk-i Hawki board” or “board” means the entity which
adopts rules and establishes policy for, and directs the
department regarding, the hawk-i Hawki program.
7. “Hawk-i Hawki program” or “program” means the healthy and
well kids in Iowa program created in this chapter to provide
health insurance coverage to eligible children.
8. “Health insurance coverage” means health insurance
coverage as defined in 42 U.S.C. §300gg-91.
9. “Participating insurer” means any of the following:
a. An entity licensed by the division of insurance of the
department of commerce to provide health insurance in Iowa that
has contracted with the department to provide health insurance
coverage to eligible children under this chapter.
b. A managed care organization acting pursuant to a contract
with the department of human services to administer the hawk-i
Hawki program.
10. “Qualified child health plan” or “plan” means health
insurance coverage provided by a participating insurer under
this chapter.
Sec. 1212. Section 514I.3, Code 2023, is amended to read as
follows:
514I.3 Hawk-i Hawki program — established.
1. The hawk-i Hawki program, a statewide program designed to
improve the health of children and to provide health insurance
coverage to eligible children on a regional basis which
complies with Tit.XXI of the federal Social Security Act, is
established and shall be implemented January 1, 1999.
-814- 2. Health insurance coverage under the program shall be
provided by participating insurers and through qualified child
health plans.
3. The department of human services is designated to receive
the state and federal funds appropriated or provided for the
program, and to submit and maintain the state plan for the
program, which is approved by the centers for Medicare and
Medicaid services of the United States department of health and
human services.
4. Nothing in this chapter shall be construed or is intended
as, or shall imply, a grant of entitlement for services to
persons who are eligible for participation in the program based
upon eligibility consistent with the requirements of this
chapter. Any state obligation to provide services pursuant to
this chapter is limited to the extent of the funds appropriated
or provided for this chapter.
5. Participating insurers under this chapter are not
subject to the requirements of chapters 513B and 513C.
6. Health care coverage provided under this chapter in
accordance with Tit.XXI of the federal Social Security Act
shall be recognized as prior creditable coverage for the
purposes of private individual and group health insurance
coverage.
Sec. 1213. Section 514I.4, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The director, with the approval of the hawk-i Hawki board,
shall implement this chapter. The director shall do all of the
following:
Sec. 1214. Section 514I.5, Code 2023, is amended to read as
follows:
514I.5 Hawk-i Hawki board.
1. A hawk-i Hawki board for the hawk-i Hawki program is
established. The board shall meet not less than six and
not more than twelve times annually, for the purposes of
establishing policy for, directing the department on, and
-815-adopting rules for the program. The board shall consist of
seven voting members and four ex officio, nonvoting members,
including all of the following:
a. The commissioner of insurance, or the commissioner’s
designee.
b. The director of the department of education, or the
director’s designee.
c. The director of public health and human services, or the
director’s designee.
d. Four public members appointed by the governor and
subject to confirmation by the senate. The public members
shall be members of the general public who have experience,
knowledge, or expertise in the subject matter embraced within
this chapter.
e. Two members of the senate and two members of the house of
representatives, serving as ex officio, nonvoting members. The
legislative members of the board shall be appointed one each
by the majority leader of the senate, after consultation with
the president of the senate, and by the minority leader of the
senate, and by the speaker of the house of representatives,
after consultation with the majority leader of the house of
representatives, and by the minority leader of the house
of representatives. Legislative members shall receive
compensation pursuant to section 2.12.
2. Members appointed by the governor shall serve two-year
staggered terms as designated by the governor, and legislative
members of the board shall serve two-year terms. The filling
of positions reserved for the public representatives,
vacancies, membership terms, payment of compensation and
expenses, and removal of the members are governed by chapter
69. Members of the board are entitled to receive reimbursement
of actual expenses incurred in the discharge of their duties.
Public members of the board are also eligible to receive
compensation as provided in section 7E.6. A majority of the
voting members constitutes a quorum and the affirmative vote
-816-of a majority of the voting members is necessary for any
substantive action to be taken by the board. The members
shall select a chairperson on an annual basis from among the
membership of the board.
3. The board shall approve any contract entered into
pursuant to this chapter. All contracts entered into pursuant
to this chapter shall be made available to the public.
4. The department of human services shall act as support
staff to the board.
5. The board may receive and accept grants, loans, or
advances of funds from any person and may receive and accept
from any source contributions of money, property, labor, or any
other thing of value, to be held, used, and applied for the
purposes of the program.
6. The hawk-i Hawki board shall do all of the following:
a. Define, in consultation with the department, the regions
of the state for which plans are offered in a manner as to
ensure access to services for all children participating in the
program.
b. Approve the benefit package design, review the benefit
package design on a periodic basis, and make necessary changes
in the benefit design to reflect the results of the periodic
reviews.
c. Develop, with the assistance of the department, an
outreach plan, and provide for periodic assessment of the
effectiveness of the outreach plan. The plan shall provide
outreach to families of children likely to be eligible
for assistance under the program, to inform them of the
availability of and to assist the families in enrolling
children in the program. The outreach efforts may include, but
are not limited to, solicitation of cooperation from programs,
agencies, and other persons who are likely to have contact
with eligible children, including but not limited to those
associated with the educational system, and the development
of community plans for outreach and marketing. Other state
-817-agencies shall assist the department in data collection related
to outreach efforts to potentially eligible children and their
families.
d. In consultation with the clinical advisory committee,
assess the initial health status of children participating in
the program, establish a baseline for comparison purposes, and
develop appropriate indicators to measure the subsequent health
status of children participating in the program.
e. Review, in consultation with the department, and take
necessary steps to improve interaction between the program and
other public and private programs which provide services to the
population of eligible children.
f. By January 1, annually, prepare, with the assistance
of the department, and submit a report to the governor,
the general assembly, and the council on health and human
services, concerning the board’s activities, findings, and
recommendations.
g. Solicit input from the public regarding the program and
related issues and services.
h. Establish and consult with a clinical advisory committee
to make recommendations to the board regarding the clinical
aspects of the hawk-i Hawki program.
i. Prescribe the elements to be included in a health
improvement program plan required to be developed by a
participating insurer. The elements shall include but are not
limited to health maintenance and prevention and health risk
assessment.
j. Establish an advisory committee to make recommendations
to the board and to the general assembly by January 1 annually
concerning the provision of health insurance coverage to
children with special health care needs. The committee shall
include individuals with experience in, knowledge of, or
expertise in this area. The recommendations shall address, but
are not limited to, all of the following:
(1) The definition of the target population of children
-818-with special health care needs for the purposes of determining
eligibility under the program.
(2) Eligibility options for and assessment of children with
special health care needs for eligibility.
(3) Benefit options for children with special health care
needs.
(4) Options for enrollment of children with special health
care needs in and disenrollment of children with special health
care needs from qualified child health plans utilizing a
capitated fee form of payment.
(5) The appropriateness and quality of care for children
with special health care needs.
(6) The coordination of health services provided for
children with special health care needs under the program with
services provided by other publicly funded programs.
k. Develop options and recommendations to allow children
eligible for the hawk-i Hawki program to participate in
qualified employer-sponsored health plans through a premium
assistance program. The options and recommendations shall
ensure reasonable alignment between the benefits and costs
of the hawk-i Hawki program and the employer-sponsored
health plans consistent with federal law. In addition, the
board shall implement the premium assistance program options
described under the federal Children’s Health Insurance Program
Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
Hawki program.
7. The hawk-i Hawki board, in consultation with the
department of human services, shall adopt rules which address,
but are not limited to addressing, all of the following:
a. Implementation and administration of the program.
b. Qualifying standards for selecting participating insurers
for the program.
c. The benefits to be included in a qualified child health
plan which are those included in a benchmark or benchmark
equivalent plan and which comply with Tit.XXI of the federal
-819-Social Security Act. Benefits covered shall include but are
not limited to all of the following:
(1) Inpatient hospital services including medical,
surgical, intensive care unit, mental health, and substance
abuse use disorder services.
(2) Nursing care services including skilled nursing
facility services.
(3) Outpatient hospital services including emergency room,
surgery, lab, and x-ray services and other services.
(4) Physician services, including surgical and medical, and
including office visits, newborn care, well-baby and well-child
care, immunizations, urgent care, specialist care, allergy
testing and treatment, mental health visits, and substance
abuse use disorder visits.
(5) Ambulance services.
(6) Physical therapy.
(7) Speech therapy.
(8) Durable medical equipment.
(9) Home health care.
(10) Hospice services.
(11) Prescription drugs.
(12) Dental services including preventive services.
(13) Medically necessary hearing services.
(14) Vision services including corrective lenses.
(15) Translation and interpreter services as specified
pursuant to the federal Children’s Health Insurance Program
Reauthorization Act of 2009, Pub.L. No.111-3.
(16) Chiropractic services.
(17) Occupational therapy.
d. Presumptive eligibility criteria for the program.
Beginning January 1, 2010, presumptive eligibility shall be
provided for eligible children.
e. The amount of any cost sharing under the program which
shall be assessed based on family income and which complies
with federal law.
-820- f. The reasons for disenrollment including, but not limited
to, nonpayment of premiums, eligibility for medical assistance
or other insurance coverage, admission to a public institution,
relocation from the area, and change in income.
g. Conflict of interest provisions applicable to
participating insurers and between public members of the board
and participating insurers.
h. Penalties for breach of contract or other violations of
requirements or provisions under the program.
i. A mechanism for participating insurers to report any
rebates received to the department.
j. The data to be maintained by the department including
data to be collected for the purposes of quality assurance
reports.
k. The use of provider guidelines in assessing the
well-being of children, which may include the use of the bright
futures for infants, children, and adolescents program as
developed by the federal maternal and child health bureau and
the American academy of pediatrics guidelines for well-child
care.
8. a. The hawk-i Hawki board may provide approval to the
director to contract with participating insurers to provide
dental-only services. In determining whether to provide
such approval to the director, the board shall take into
consideration the impact on the overall program of single
source contracting for dental services.
b. The hawk-i Hawki board may provide approval to the
director to contract with participating insurers to provide
the supplemental dental-only coverage to otherwise eligible
children who have private health care coverage as specified in
the federal Children’s Health Insurance Program Reauthorization
Act of 2009, Pub.L. No.111-3.
9. The hawk-i Hawki board shall monitor the capacity of
Medicaid managed care organizations acting pursuant to a
contract with the department to administer the hawk-i Hawki
-821- program to specifically and appropriately address the unique
needs of children and children’s health delivery.
Sec. 1215. Section 514I.8, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A child may participate in the hawk-i Hawki program if the
child meets all of the following criteria:
Sec. 1216. Section 514I.8A, Code 2023, is amended to read
as follows:
514I.8A Hawk-i Hawki — all income-eligible children.
The department shall provide coverage to individuals
under nineteen years of age who meet the income eligibility
requirements for the hawk-i Hawki program and for whom federal
financial participation is or becomes available for the cost
of such coverage.
Sec. 1217. Section 514I.9, subsection 1, Code 2023, is
amended to read as follows:
1. The hawk-i Hawki board shall review the benefits package
annually and shall determine additions to or deletions from the
benefits package offered. The hawk-i Hawki board shall submit
the recommendations to the general assembly for any amendment
to the benefits package.
Sec. 1218. Section 514I.11, Code 2023, is amended to read
as follows:
514I.11 Hawk-i Hawki trust fund.
1. A hawk-i Hawki trust fund is created in the state
treasury under the authority of the department of human
services, in which all appropriations and other revenues of the
program such as grants, contributions, and participant payments
shall be deposited and used for the purposes of the program.
The moneys in the fund shall not be considered revenue of the
state, but rather shall be funds of the program.
2. The trust fund shall be separate from the general fund
of the state and shall not be considered part of the general
fund of the state. The moneys in the trust fund are not
subject to section 8.33 and shall not be transferred, used,
-822-obligated, appropriated, or otherwise encumbered, except to
provide for the purposes of this chapter and except as provided
in subsection 4. Notwithstanding section 12C.7, subsection
2, interest or earnings on moneys deposited in the trust fund
shall be credited to the trust fund.
3. Moneys in the fund are appropriated to the department and
shall be used to offset any program costs.
4. The department may transfer moneys appropriated from
the fund to be used for the purpose of expanding health care
coverage to children under the medical assistance program.
5. The department shall provide periodic updates to the
general assembly regarding expenditures from the fund.
Sec. 1219. Section 523A.301, Code 2023, is amended to read
as follows:
523A.301 Definition.
As used in sections 523A.302 and 523A.303, “director” means
the director of health and human services.
Sec. 1220. Section 523A.303, subsection 2, paragraph e,
Code 2023, is amended to read as follows:
e. A notice in substantially the following form complies
with this subsection:
TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
You are hereby notified that (name of deceased), who had an
irrevocable burial trust fund, has died, that final payment
for cemetery merchandise, funeral merchandise, and funeral
services has been made, and that (remaining amount) remains in
the irrevocable burial trust fund.
The above-named seller must receive a written response
regarding any claim by the director within sixty days after the
mailing of this notice to the director.
If the above-named seller does not receive a written response
regarding a claim by the director within sixty days after the
mailing of this notice, the seller may dispose of the remaining
funds in accordance with section 523A.303, Code of Iowa.
-823- Sec. 1221. Section 523A.303, subsection 3, Code 2023, is
amended to read as follows:
3. Upon receipt of the seller’s written notice, the director
shall determine if a debt is due the department of health and
human services pursuant to section 249A.53. If the director
determines that a debt is owing, the director shall provide
a written response to the seller within sixty days after the
mailing of the seller’s notice. If the director does not
respond with a claim within the sixty-day period, any claim
made by the director shall not be enforceable against the
seller, the trust, or a trustee.
Sec. 1222. Section 523I.214, Code 2023, is amended to read
as follows:
523I.214 Violations of law — referrals to the Iowa
department of public health and human services.
If the commissioner discovers a violation of a provision
of this chapter or any other state law or rule concerning the
disposal or transportation of human remains, the commissioner
shall forward all evidence in the possession of the
commissioner concerning such a violation to the Iowa department
of public health and human services for such proceedings as
the Iowa department of public health and human services deems
appropriate.
Sec. 1223. Section 523I.701, subsection 6, Code 2023, is
amended to read as follows:
6. The lawn crypt shall be installed in compliance with any
applicable law or rule adopted by the Iowa department of public
health and human services.
Sec. 1224. Section 541A.1, Code 2023, is amended to read as
follows:
541A.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Account holder” means an individual who is the owner of
an individual development account.
-824- 2. “Administrator” means the division of community action
agencies of the department of human rights.
3. 2. “Charitable contributor” means a nonprofit
association described in section 501(c)(3) of the Internal
Revenue Code which makes a deposit to an individual development
account and which is exempt from taxation under section 501(a)
of the Internal Revenue Code.
3. “Commission” means the commission on community action
agencies created in section 216A.92A.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
4. 6. “Federal poverty level” means the first poverty
income guidelines published in the calendar year by the United
States department of health and human services.
5. 7. “Financial institution” means a financial institution
approved by the administrator director as an investment
mechanism for individual development accounts.
6. 8. “Household income” means the annual household
income of an account holder or prospective account holder,
as determined in accordance with rules adopted by the
administrator director.
7. 9. “Individual contributor” means an individual who
makes a deposit to an individual development account and is not
the account holder or a charitable contributor.
8. 10. “Individual development account” means either of the
following:
a. A financial instrument that is certified to have the
characteristics described in section 541A.2 by the operating
organization.
b. A financial instrument that is certified by the
operating organization to have the characteristics described
in and funded by a federal individual development account
program under which federal and state funding contributed to
-825-match account holder deposits is deposited by an operating
organization in accordance with federal law and regulations,
and which includes but is not limited to any of the programs
implemented under the following federal laws:
(1) The federal Personal Responsibility and Work
Opportunity Act of 1996, 42 U.S.C. §604(h).
(2) The federal Assets for Independence Act, Pub.L. No.
105-285, Tit.IV.
9. 11. “Operating organization” means an agency selected
by the administrator department for involvement in operating
individual development accounts directed to a specific target
population.
10. 12. “Source of principal” means any of the sources of
a deposit to an individual development account under section
541A.2, subsection 2.
Sec. 1225. Section 541A.2, subsection 7, Code 2023, is
amended to read as follows:
7. Subject to obtaining any necessary federal waivers, the
department of human services shall not consider moneys in an
individual development account and any earnings on the moneys
in determining the eligibility or need of an individual for
benefits or assistance or the amount of benefits or assistance
under the family investment program under chapter 239B, the
promoting independence and self-sufficiency through employment
job opportunities and basic skills program, or any other
program administered by the department of human services.
Sec. 1226. Section 541A.3, Code 2023, is amended to read as
follows:
541A.3 Individual development accounts — state savings match
and tax provisions.
All of the following state savings match and tax provisions
shall apply to an individual development account:
1. a. Payment by the state of a state savings match on
amounts of up to two thousand dollars that an account holder
deposits in the account holder’s account.
-826- b. Moneys transferred to an individual development account
from another individual development account and a state savings
match received by the account holder in accordance with this
section shall not be considered an account holder deposit for
purposes of determining a state savings match.
c. Payment of a state savings match either shall be
made directly to the account holder or to an operating
organization’s central reserve account for later distribution
to the account holder in the most appropriate manner as
determined by the administrator department.
d. Subject to the limitation in paragraph “a”, the state
savings match shall be equal to one hundred percent of
the amount deposited by the account holder. However, the
administrator department may limit, reduce, delay, or otherwise
revise state savings match payment provisions as necessary to
restrict the payments to the funding available.
2. Income earned by an individual development account is
not subject to state tax, in accordance with the provisions of
section 422.7, subsection 17.
3. Amounts transferred between individual development
accounts are not subject to state tax.
4. The administrator department shall coordinate the filing
of claims for a state savings match authorized under subsection
1, between account holders and operating organizations. Claims
approved by the administrator department may be paid to each
account holder, for an aggregate amount for distribution to the
holders of the accounts in a particular financial institution,
or to an operating organization’s central reserve account
for later distribution to the account holders depending on
the efficiency for issuing the state savings match payments.
Claims shall be initially filed with the administrator
department on or before a date established by the administrator
department. Claims approved by the administrator department
shall be paid from the individual development account state
savings match fund.
-827- Sec. 1227. Section 541A.5, Code 2023, is amended to read as
follows:
541A.5 Rules.
1. The commission on community action agencies created
in section 216A.92A, in consultation with the department of
administrative services, shall adopt administrative rules to
administer this chapter.
2. a. The rules adopted by the commission shall include
but are not limited to provision for transfer of an individual
development account to a different financial institution than
originally approved by the administrator department, if the
different financial institution has an agreement with the
account’s operating organization.
b. The rules for determining household income may provide
categorical eligibility for prospective account holders who are
enrolled in programs with income eligibility restrictions that
are equal to or less than the maximum household income allowed
for payment of a state match under section 541A.3.
c. Subject to the availability of funding, the commission
may adopt rules implementing an individual development account
program for refugees. Rules shall identify purposes authorized
for withdrawals to meet the special needs of refugee families.
3. The administrator department shall utilize a request for
proposals process for selection of operating organizations and
approval of financial institutions.
Sec. 1228. Section 541A.6, Code 2023, is amended to read as
follows:
541A.6 Compliance with federal requirements.
The commission on community action agencies shall adopt
rules for compliance with federal individual development
account requirements under the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, §103, as
codified in 42 U.S.C. §604(h), under the federal Assets
for Independence Act, Pub.L. No.105-285, Tit.IV, or with
any other federal individual development account program
-828-requirements for drawing federal funding. Any rules adopted
under this section shall not apply the federal individual
development account program requirements to an operating
organization which does not utilize federal funding for the
accounts with which it is connected or to an account holder who
does not receive temporary assistance for needy families block
grant or other federal funding.
Sec. 1229. Section 541A.7, Code 2023, is amended to read as
follows:
541A.7 Individual development account state match fund.
1. An individual development account state match fund
is created in the state treasury under the authority of the
administrator department. Notwithstanding section 8.33,
moneys appropriated to the fund shall not revert to any other
fund. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys deposited in the fund shall be credited
to the fund.
2. Moneys available in the fund for a fiscal year are
appropriated to the administrator department to be used
to provide the state match for account holder deposits in
accordance with section 541A.3. At least eighty-five percent
of the amount appropriated shall be used for state match
payments and the remainder may be used for the administrative
costs of the operating organization. Administrative costs
include but are not limited to accounting services, curriculum
costs for financial education or asset-specific training, and
costs for technical assistance contractors.
Sec. 1230. Section 589.26, Code 2023, is amended to read as
follows:
589.26 Land transfers by the department of health and human
services legalized.
Every deed, release or other instrument in writing
purporting to transfer any interest in land held or claimed by
the department of health and human services or a predecessor
agency, which is signed by a departmental official, and which
-829-was filed of record more than ten years earlier, in the office
of the auditor or recorder or clerk of the district court of
any county is legalized and shall be good and valid in law
and in equity as fully as if the record expressly showed that
it in all respects complied with and was fully authorized as
provided in any statute pertaining to such instrument, any
other provision of law to the contrary notwithstanding.
Sec. 1231. Section 595.4, subsection 1, Code 2023, is
amended to read as follows:
1. Previous to the issuance of any license to marry, the
parties desiring the license shall sign and file a verified
application with the county registrar which application
either may be mailed to the parties at their request or
may be signed by them at the office of the county registrar
in the county in which the license is to be issued. The
application shall include the social security number of each
applicant and shall set forth at least one affidavit of some
competent and disinterested person stating the facts as to
age and qualification of the parties. Upon the filing of the
application for a license to marry, the county registrar shall
file the application in a record kept for that purpose and
shall take all necessary steps to ensure the confidentiality of
the social security number of each applicant. All information
included on an application may be provided as mutually agreed
upon by the division of records and state registrar of vital
statistics and the child support recovery unit services,
including by automated exchange.
Sec. 1232. Section 598.7, subsection 1, Code 2023, is
amended to read as follows:
1. The district court may, on its own motion or on the
motion of any party, order the parties to participate in
mediation in any dissolution of marriage action or other
domestic relations action. Mediation performed under this
section shall comply with the provisions of chapter 679C.
The provisions of this section shall not apply if the action
-830-involves a child support or medical support obligation enforced
by the child support recovery unit services. The provisions
of this section shall not apply to actions which involve elder
abuse pursuant to chapter 235F or domestic abuse pursuant
to chapter 236. The provisions of this section shall not
affect a judicial district’s or court’s authority to order
settlement conferences pursuant to rules of civil procedure.
The court shall, on application of a party, grant a waiver
from any court-ordered mediation under this section if the
party demonstrates that a history of domestic abuse exists as
specified in section 598.41, subsection 3, paragraph “j”.
Sec. 1233. Section 598.21B, subsection 1, paragraphs c and
d, Code 2023, are amended to read as follows:
c. It is the intent of the general assembly that, to the
extent possible within the requirements of federal law, the
court and the child support recovery unit services consider the
individual facts of each judgment or case in the application
of the guidelines and determine the support obligation
accordingly. It is also the intent of the general assembly
that in the supreme court’s review of the guidelines, the
supreme court shall do both of the following:
(1) Emphasize the ability of a court to apply the guidelines
in a just and appropriate manner based upon the individual
facts of a judgment or case.
(2) In determining monthly child support payments, consider
other children for whom either parent is legally responsible
for support and other child support obligations actually paid
by either party pursuant to a court or administrative order.
d. The guidelines prescribed by the supreme court shall
be used by the department of health and human services in
determining child support payments under sections 252C.2
and 252C.4. A variation from the guidelines shall not be
considered by the department without a record or written
finding, based on stated reasons, that the guidelines would be
unjust or inappropriate as determined under criteria prescribed
-831-by the supreme court.
Sec. 1234. Section 598.21B, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. Special circumstances justifying variation from
guidelines. Unless the special circumstances of the case
justify a deviation, the court or the child support recovery
unit services shall establish a monthly child support payment
in accordance with the guidelines for a parent who is nineteen
years of age or younger, who has not received a high school
or high school equivalency diploma, and to whom each of the
following apply:
(1) The parent is attending a school or program described as
follows or has been identified as one of the following:
(a) The parent is in full-time attendance at an accredited
school and is pursuing a course of study leading to a high
school diploma.
(b) The parent is attending an instructional program
leading to a high school equivalency diploma.
(c) The parent is attending a career and technical education
program approved pursuant to chapter 258.
(d) The parent has been identified by the director of
special education of the area education agency as a child
requiring special education as defined in section 256B.2.
(2) The parent provides proof of compliance with the
requirements of subparagraph (1) to the child support recovery
unit services, if the unit child support services is providing
services under chapter 252B, or if the unit child support
services is not providing services pursuant to chapter 252B, to
the court as the court may direct. Failure to provide proof of
compliance under this subparagraph or proof of compliance under
section 598.21G is grounds for modification of the support
order using the uniform child support guidelines and imputing
an income to the parent equal to a forty-hour workweek at the
state minimum wage, unless the parent’s education, experience,
or actual earnings justify a higher income.
-832- Sec. 1235. Section 598.21C, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. This basis for modification is applicable to petitions
filed on or after July 1, 1992, notwithstanding whether
the guidelines prescribed by section 598.21B were used in
establishing the current amount of support. Upon application
for a modification of an order for child support for which
services are being received pursuant to chapter 252B, the
court shall set the amount of child support based upon the
most current child support guidelines established pursuant
to section 598.21B, including provisions for medical support
pursuant to chapter 252E.The child Child support recovery
unit services shall, in submitting an application for
modification, adjustment, or alteration of an order for
support, employ additional criteria and procedures as provided
in chapter 252H and as established by rule.
Sec. 1236. Section 598.21C, subsections 3, 5, and 7, Code
2023, are amended to read as follows:
3. Applicable law. Unless otherwise provided pursuant to
28 U.S.C. §1738B, a modification of a support order entered
under chapter 234, 252A, 252C, 600B, this chapter, or any
other support chapter or proceeding between parties to the
order is void unless the modification is approved by the
court, after proper notice and opportunity to be heard is
given to all parties to the order, and entered as an order
of the court. If support payments have been assigned to the
department of health and human services pursuant to section
234.39, 239B.6, or 252E.11, or if services are being provided
pursuant to chapter 252B, the department is a party to the
support order. Modifications of orders pertaining to child
custody shall be made pursuant to chapter 598B. If the petition
for a modification of an order pertaining to child custody asks
either for joint custody or that joint custody be modified to
an award of sole custody, the modification, if any, shall be
made pursuant to section 598.41.
-833- 5. Retroactivity of modification. Judgments for child
support or child support awards entered pursuant to this
chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
chapter of the Code which are subject to a modification
proceeding may be retroactively modified only from three
months after the date the notice of the pending petition for
modification is served on the opposing party. The three-month
limitation applies to a modification action pending on or after
July 1, 1997. The prohibition of retroactive modification does
not bar the child support recovery unit services from obtaining
orders for accrued support for previous time periods. Any
retroactive modification which increases the amount of child
support or any order for accrued support under this subsection
shall include a periodic payment plan. A retroactive
modification shall not be regarded as a delinquency unless
there are subsequent failures to make payments in accordance
with the periodic payment plan.
7. Modification by child support recovery unit
services. Notwithstanding any other provision of law to the
contrary, when an application for modification or adjustment
of support is submitted by the child support recovery unit
services, the sole issues which may be considered by the
court in that action are the application of the guidelines
in establishing the amount of support pursuant to section
598.21B, and provision for medical support under chapter
252E. When an application for a cost-of-living alteration
of support is submitted by the child support recovery unit
services pursuant to section 252H.24, the sole issue which may
be considered by the court in the action is the application of
the cost-of-living alteration in establishing the amount of
child support. Issues related to custody, visitation, or other
provisions unrelated to support shall be considered only under
a separate application for modification.
Sec. 1237. Section 598.21G, Code 2023, is amended to read
as follows:
-834- 598.21G Minor parent — parenting classes.
In any order or judgment entered under this chapter or
chapter 234, 252A, 252C, 252F, or 600B, or under any other
chapter which provides for temporary or permanent support
payments, if the parent ordered to pay support is less than
eighteen years of age, one of the following shall apply:
1. If the child support recovery unit services is
providing services pursuant to chapter 252B, the court, or
the administrator as defined in section 252C.1, department of
health and human services shall order the parent ordered to pay
support to attend parenting classes which are approved by the
department of health and human services.
2. If the child support recovery unit services is not
providing services pursuant to chapter 252B, the court may
order the parent ordered to pay support to attend parenting
classes which are approved by the court.
Sec. 1238. Section 598.22A, subsection 4, Code 2023, is
amended to read as follows:
4. Payment of accrued support debt due the department of
health and human services shall be credited pursuant to section
252B.3, subsection 5.
Sec. 1239. Section 598.22B, Code 2023, is amended to read
as follows:
598.22B Information required in order or judgment.
This section applies to all initial or modified orders
for paternity or support entered under this chapter, chapter
234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
chapter, and any subsequent order to enforce such support
orders.
1. All such orders or judgments shall direct each party
to file with the clerk of court or the child support recovery
unit services, as appropriate, upon entry of the order, and to
update as appropriate, information on location and identity of
the party, including social security number, residential and
mailing addresses, electronic mail address, telephone number,
-835-driver’s license number, and name, address, and telephone
number of the party’s employer. The order shall also include a
provision that the information filed will be disclosed and used
pursuant to this section. The party shall file the information
with the clerk of court, or, if all support payments are to
be directed to the collection services center as provided in
section 252B.14, subsection 2, and section 252B.16, with the
child support recovery unit services.
2. All such orders or judgments shall include a statement
that in any subsequent child support action initiated by the
child support recovery unit services or between the parties,
upon sufficient showing that diligent effort has been made to
ascertain the location of such a party, the unit child support
services or the court shall deem due process requirements for
notice and service of process to be met with respect to the
party, upon delivery of written notice to the most recent
residential or employer address filed with the clerk of court
or unit child support services pursuant to subsection 1.
3. a. Information filed pursuant to subsection 1 shall not
be a public record.
b. Information filed with the clerk of court pursuant
to subsection 1 shall be available to the child support
recovery unit services, upon request. Beginning October 1,
1998, information filed with the clerk of court pursuant to
subsection 1 shall be provided by the clerk of court to the
child support recovery unit services pursuant to section
252B.24.
c. Information filed with the clerk of court shall be
available, upon request, to a party unless the party filing
the information also files an affidavit alleging the party has
reason to believe that release of the information may result in
physical or emotional harm to the affiant or child. However,
even if an affidavit has been filed, any information provided
by the clerk of court to the child support recovery unit
services shall be disclosed by the unit child support services
-836- as provided in section 252B.9.
d. Information provided to the unit child support services
shall only be disclosed as provided in section 252B.9.
Sec. 1240. Section 598.23A, subsection 2, paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The contemnor shall keep a record of and provide the
following information to the court at the court’s request, or
to the child support recovery unit established pursuant to
chapter 252B services created in section 252B.2, at the unit’s
request of child support services, when the unit child support
services is providing enforcement services pursuant to chapter
252B:
Sec. 1241. Section 598.23A, subsection 2, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The court order under this paragraph shall be vacated
only after verification is provided to the court that the
contemnor has satisfied all accrued obligations owing and that
the contemnor has satisfied all terms established by the court
and when the person entitled to receive support payments, or
the child support recovery unit services when the unit child
support services is providing enforcement services pursuant
to chapter 252B, has been provided ten days’ notice and an
opportunity to object.
Sec. 1242. Section 598.26, subsection 1, Code 2023, is
amended to read as follows:
1. Until a decree of dissolution has been entered, the
record and evidence shall be closed to all but the court,
its officers, and the child support recovery unit services
of the department of health and human services pursuant to
section 252B.9. However, the payment records of a temporary
support order maintained by the clerk of the district court
are public records and may be released upon request. Payment
records shall not include address or location information. No
other person shall permit a copy of any of the testimony, or
-837-pleading, or the substance of any testimony or pleading, to be
made available to any person other than a party to the action
or a party’s attorney. Nothing in this subsection shall be
construed to prohibit publication of the original notice as
provided by the rules of civil procedure.
Sec. 1243. Section 598.34, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If public assistance is provided by the department of
health and human services to or on behalf of a dependent child
or a dependent child’s caretaker, there is an assignment by
operation of law to the department of any and all rights in,
title to, and interest in any support obligation, payment, and
arrearages owed to or for the child or caretaker not to exceed
the amount of public assistance paid for or on behalf of the
child or caretaker as follows:
Sec. 1244. Section 598.34, subsection 3, Code 2023, is
amended to read as follows:
3. The clerk shall furnish the department with copies
of all orders or decrees and temporary or domestic abuse
orders addressing support when the parties are receiving
public assistance or services are otherwise provided by the
child support recovery unit services pursuant to chapter
252B.Unless otherwise specified in the order, an equal and
proportionate share of any child support awarded shall be
presumed to be payable on behalf of each child subject to the
order or judgment for purposes of an assignment under this
section.
Sec. 1245. Section 600.2, Code 2023, is amended to read as
follows:
600.2 Definitions.
1. “Child”, “parent”, “parent-child relationship”,
“termination of parental rights”, “biological parent”,
“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
“minor”, “adoption service provider”, “certified adoption
investigator”, “adult”, “agency”, “department”, “court”, and
-838-“juvenile court” “Adoption service provider”, “adult”, “agency”,
“biological parent”, “certified adoption investigator”, “child”,
“court”, “custodian”, “department”, “guardian”, “guardian ad
litem”, “juvenile court”, “minor”, “parent”, “parent-child
relationship”, “stepparent”, and “termination of parental rights”
mean the same as defined in section 600A.2.
2. “Investigator” means a natural person who is certified or
approved by the department of human services, after inspection
by the department of inspections and appeals, as being capable
of conducting an investigation under section 600.8.
Sec. 1246. Section 600.7A, Code 2023, is amended to read as
follows:
600.7A Adoption services provided by or through the
department of human services — selection of adoptive parent
criteria.
The department of human services shall adopt rules which
provide that if adoption services are provided by or through
the department, notwithstanding any other selection of
adoptive parent criteria, the overriding criterion shall be a
preference for placing a child in a stable home environment as
expeditiously as possible.
Sec. 1247. Section 600.8, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. If the person making the investigation does not approve
a prospective adoption petitioner under paragraph “a” of this
subsection, the person investigated may appeal the disapproval
as a contested case to the director of health and human
services. Judicial review of any adverse decision by the
director may be sought pursuant to chapter 17A.
Sec. 1248. Section 600.16A, subsection 5, Code 2023, is
amended to read as follows:
5. Notwithstanding subsection 2, a termination of parental
rights order issued pursuant to this chapter, section 600A.9,
or any other chapter shall be disclosed to the child support
recovery unit services, upon request, without court order.
-839- Sec. 1249. Section 600.16B, Code 2023, is amended to read
as follows:
600.16B Fees.
The supreme court shall prescribe and the department of
human services shall adopt rules, to defray the actual cost of
the provision of information or the opening of records pursuant
to section 600.16 or 600.16A.
Sec. 1250. Section 600.17, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of human services shall, within the limits of
funds appropriated to the department of human services and any
gifts or grants received by the department for this purpose,
provide financial assistance to any person who adopts a child
with physical or mental disabilities or an older or otherwise
hard-to-place child, if the adoptive parent has the capability
of providing a suitable home for the child but the need for
special services or the costs of maintenance are beyond the
economic resources of the adoptive parent.
Sec. 1251. Section 600.17, subsection 3, Code 2023, is
amended to read as follows:
3. The department of human services shall make adoption
presubsidy and adoption subsidy payments to adoptive parents at
the beginning of the month for the current month.
Sec. 1252. Section 600.18, Code 2023, is amended to read as
follows:
600.18 Determination of assistance.
1. Any prospective adoptive parent desiring financial
assistance shall state this fact in the petition for adoption.
The department of human services shall investigate the person
petitioning for adoption and the child and shall file with the
juvenile court or court a statement of whether the department
will provide assistance as provided in section 600.17, this
section, and sections 600.19 through 600.22, the estimated
amount, extent, and duration of assistance, and any other
information the juvenile court or court may order.
-840- 2. If the department of human services is unable to
determine that an insurance policy will cover the costs of
special services, it shall proceed as if no policy existed, for
the purpose of determining eligibility to receive assistance.
The department shall, to the amount of financial assistance
given, be subrogated to the rights of the adoptive parent in
the insurance contract.
Sec. 1253. Section 600.22, Code 2023, is amended to read as
follows:
600.22 Rules.
The department of human services shall adopt rules in
accordance with the provisions of chapter 17A, which are
necessary for the administration of sections 600.17 through
600.21 and 600.23.
Sec. 1254. Section 600.23, subsection 1, Code 2023, is
amended to read as follows:
1. Purpose. The department of human services may enter
into interstate agreements with state agencies of other states
for the protection of children on behalf of whom adoption
subsidy is being provided by the department of human services
and to provide procedures for interstate children’s adoption
assistance payments, including medical payments.
Sec. 1255. Section 600.23, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. The Iowa department of human services may enter into
interstate agreements with state agencies of other states for
the provision of medical services to adoptive families who
participate in the subsidized adoption or adoption assistance
program.
b. The Iowa department of human services may develop,
participate in the development of, negotiate, and enter into
one or more interstate compacts on behalf of this state with
other states to implement one or more of the purposes set forth
in this section. When so entered into, and for so long as it
shall remain in force, such a compact shall have the force and
-841-effect of law.
Sec. 1256. Section 600.23, subsection 4, paragraphs a, b,
and c, Code 2023, are amended to read as follows:
a. A child with special needs residing in this state who is
the subject of an adoption assistance agreement with another
state shall be entitled to receive a medical assistance card
from this state upon the filing of a certified copy of the
adoption assistance agreement obtained from the adoption
assistance state. In accordance with regulations of the Iowa
department of human services, the adoptive parents shall be
required at least annually to show that the agreement is still
in force or has been renewed.
b. The Iowa department of human services shall consider the
holder of a medical assistance card pursuant to this section as
any other holder of a medical assistance card under the laws
of this state and shall process and make payment on claims
on account of such holder in the same manner and pursuant to
the same conditions and procedures as for other recipients of
medical assistance.
c. The Iowa department of human services shall provide
coverage and benefits for a child who is in another state and
who is covered by an adoption subsidy agreement made prior
to July 1, 1987, by the Iowa department of human services
for the coverage or benefits, if any, not provided by the
residence state. The adoptive parents acting for the child may
submit evidence of payment for services or benefit amounts not
payable in the residence state and shall be reimbursed for such
expense. However, reimbursement shall not be made for services
or benefit amounts covered under any insurance or other third
party medical contract or arrangement held by the child or the
adoptive parents. The additional coverages and benefit amounts
provided pursuant to this subsection shall be for services to
the cost of which there is no federal contribution, or which,
if federally aided, are not provided by the residence state.
Such regulations shall include procedures to be followed in
-842-obtaining prior approvals for services in those instances where
required for the assistance.
Sec. 1257. Section 600A.2, subsections 5 and 9, Code 2023,
are amended to read as follows:
5. “Certified adoption investigator” means a person who is
certified and approved by the department of human services,
after inspection by the department of inspections and appeals,
as being capable of conducting an investigation under section
600.8.
9. “Department” means the state department of health and
human services or its subdivisions.
Sec. 1258. Section 600A.4, subsection 2, paragraph d,
subparagraph (2), Code 2023, is amended to read as follows:
(2) If accepted, the counseling shall be provided after
the birth of the child and prior to the signing of a release
of custody or the filing of a petition for termination of
parental rights as applicable. Counseling shall be provided
only by a person who is qualified under rules adopted by the
department of human services which shall include a requirement
that the person complete a minimum number of hours of training
in the area of adoption-related counseling approved by the
department. If counseling is accepted, the counselor shall
provide an affidavit, which shall be attached to the release of
custody, when practicable, certifying that the counselor has
provided the biological parent with the requested counseling
and documentation that the person is qualified to provide the
requested counseling as prescribed by this paragraph “d”. The
requirements of this paragraph “d” do not apply to a release
of custody which is executed for the purposes of a stepparent
adoption.
Sec. 1259. Section 600A.8, subsection 8, paragraph a, Code
2023, is amended to read as follows:
a. The parent has been determined to be a person with a
substance-related substance use disorder as defined in section
125.2 and the parent has committed a second or subsequent
-843-domestic abuse assault pursuant to section 708.2A.
Sec. 1260. Section 600B.38, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If public assistance is provided by the department of
health and human services to or on behalf of a dependent child
or a dependent child’s caretaker, there is an assignment by
operation of law to the department of any and all rights in,
title to, and interest in any support obligation, payment, and
arrearages owed to or on behalf of the child or caretaker, not
to exceed the amount of public assistance paid for or on behalf
of the child or caretaker as follows:
a. For family investment program assistance, section 239B.6
shall apply.
b. For foster care services, section 234.39 shall apply.
c. For medical assistance, section 252E.11 shall apply.
3. The clerk shall furnish the department with copies of
all orders or decrees and temporary or domestic abuse orders
addressing support when the parties are receiving public
assistance or services are otherwise provided by the child
support recovery unit services. Unless otherwise specified
in the order, an equal and proportionate share of any child
support awarded shall be presumed to be payable on behalf of
each child subject to the order or judgment for purposes of an
assignment under this section.
Sec. 1261. Section 600B.41A, subsection 3, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) If enforcement services are being provided by the
child support recovery unit services pursuant to chapter 252B,
notice shall also be served on the child support recovery unit
services.
Sec. 1262. Section 600B.41A, subsection 11, Code 2023, is
amended to read as follows:
11. Participation of the child support recovery unit
services created in section 252B.2 in an action brought under
this section shall be limited as follows:
-844- a. The unit Child support services shall only participate
in actions if services are being provided by the unit child
support services pursuant to chapter 252B.
b. When services are being provided by the unit child
support services under chapter 252B, the unit child support
services may enter an administrative order for blood and
genetic tests pursuant to chapter 252F.
c. The unit Child support services is not responsible for or
required to provide for or assist in obtaining blood or genetic
tests in any case in which services are not being provided by
the unit child support services.
d. The unit Child support services is not responsible for
the costs of blood or genetic testing conducted pursuant to an
action brought under this section.
e. Pursuant to section 252B.7, subsection 4, an attorney
employed by the unit child support services represents the
state in any action under this section. The unit’s Child
support services’ attorney is not the legal representative of
the mother, the established father, or the child in any action
brought under this section.
Sec. 1263. Section 600C.1, subsection 3, paragraph c,
subparagraph (2), subparagraph division (f), Code 2023, is
amended to read as follows:
(f) Drug abuse Substance use disorder.
Sec. 1264. Section 602.4201, subsection 3, paragraph h,
Code 2023, is amended to read as follows:
h. Involuntary commitment or treatment of persons with
substance-related disorders a substance use disorder.
Sec. 1265. Section 602.6111, subsection 2, Code 2023, is
amended to read as follows:
2. Any party, except the child support recovery unit
services, filing a petition, complaint, answer, appearance,
first motion, or any document with the clerk of the district
court to establish or modify an order for child support
under chapter 236, 252A, 252K, 598, or 600B shall provide the
-845-clerk of the district court with the date of birth and social
security number of the child.
Sec. 1266. Section 602.6405, subsection 2, paragraph b,
Code 2023, is amended to read as follows:
b. Magistrates shall forward copies of citations issued
for violations of section 453A.2, subsection 2, and of their
dispositions to the clerk of the district court. The clerk of
the district court shall maintain records of citations issued
and the dispositions of citations, and shall forward a copy of
the records to the Iowa department of public health and human
services.
Sec. 1267. Section 602.8102, subsections 33, 43, and 47,
Code 2023, are amended to read as follows:
33. Furnish to the Iowa department of public health and
human services a certified copy of a judgment relating to the
suspension or revocation of a professional license.
43. Submit to the director of the division of child and
family services of the department of health and human services
a duplicate of the findings of the court related to adoptions
as provided in section 235.3, subsection 7.
47. Record support payments made pursuant to an order
entered under chapter 252A, 252F, 598, or 600B, or under a
comparable statute of another state or foreign country as
defined in chapter 252K, and through setoff of a state or
federal income tax refund or rebate, as if the payments were
received and disbursed by the clerk; forward support payments
received under section 252A.6 to the department of health
and human services and furnish copies of orders and decrees
awarding support to parties receiving welfare public assistance
as provided in section 252A.13.
Sec. 1268. Section 602.8103, subsection 4, paragraph j,
Code 2023, is amended to read as follows:
j. Court reporters’ notes and certified transcripts of
those notes in mental health hearings under section 229.12 and
substance abuse use disorder hearings under section 125.82,
-846-ninety days after the respondent has been discharged from
involuntary custody.
Sec. 1269. Section 613.17, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. A person or entity that owns, manages, or is otherwise
responsible for the premises on which an automated external
defibrillator is located if the person or entity maintains the
automated external defibrillator in a condition for immediate
and effective use at all times, subject to standards developed
by the department of public health and human services by rule.
Sec. 1270. Section 622.10, subsection 6, paragraph a, Code
2023, is amended to read as follows:
a. The fee charged for the cost of producing the requested
records or images shall be based upon the actual cost
of production. If the written request and accompanying
patient’s waiver, if required, authorizes the release of
all of the patient’s records for the requested time period,
including records relating to the patient’s mental health,
substance abuse use disorder, and acquired immune deficiency
syndrome-related conditions, the amount charged shall not
exceed the rates established by the workers’ compensation
commissioner for copies of records in workers’ compensation
cases. If requested, the provider shall include an affidavit
certifying that the records or images produced are true and
accurate copies of the originals for an additional fee not to
exceed ten dollars.
Sec. 1271. Section 622A.7, Code 2023, is amended to read as
follows:
622A.7 Rules.
The supreme court, after consultation with the department
of health and human rights services and other appropriate
departments, shall adopt rules governing the qualifications and
compensation of interpreters or translators appearing in legal
proceedings under this chapter. However, an administrative
agency which is subject to chapter 17A may adopt rules
-847-differing from those of the supreme court governing the
qualifications and compensation of interpreters or translators
appearing in proceedings before that agency.
Sec. 1272. Section 622B.1, subsection 2, Code 2023, is
amended to read as follows:
2. The supreme court, after consultation with the
department of health and human rights services, shall adopt
rules governing the qualifications and compensation of sign
language interpreters appearing in a legal proceeding or before
an administrative agency under this chapter. However, an
administrative agency which is subject to chapter 17A may adopt
rules differing from those of the supreme court governing the
qualifications and compensation of sign language interpreters
appearing in proceedings before that agency.
Sec. 1273. Section 622B.4, Code 2023, is amended to read as
follows:
622B.4 List.
The office of deaf services of the department of health
and human rights services shall prepare and continually
update a listing of qualified and available sign language
interpreters. The courts and administrative agencies shall
maintain a directory of qualified interpreters for deaf and
hard-of-hearing persons as furnished by the department of
health and human rights services. The office of deaf services
of the department of health and human services shall maintain
a list of sign language interpreters which shall be made
available to a court, administrative agency, or interested
parties to an action using the services of a sign language
interpreter.
Sec. 1274. Section 626.29, Code 2023, is amended to read as
follows:
626.29 Distress warrant by director of revenue, director of
inspections and appeals, or director of workforce development.
In the service of a distress warrant issued by the director
of revenue for the collection of taxes administered by or debts
-848-to be collected by the department of revenue, in the service of
a distress warrant issued by the director of inspections and
appeals for the collection of overpayment debts owed to the
department of health and human services, or in the service of a
distress warrant issued by the director of the department of
workforce development for the collection of employment security
contributions, the property of the taxpayer or the employer in
the possession of another, or debts due the taxpayer or the
employer, may be reached by garnishment.
Sec. 1275. Section 633.231, Code 2023, is amended to read
as follows:
633.231 Notice in intestate estates — medical assistance
claims.
1. Upon opening administration of an intestate estate,
the administrator shall, in accordance with section 633.410,
provide by electronic transmission on a form approved by
the department of health and human services to the entity
designated by the department of health and human services,
a notice of opening administration of the estate and of
the appointment of the administrator, which shall include a
notice to file claims with the clerk or to provide electronic
notification to the administrator that the department has no
claim within six months from the date of sending this notice,
or thereafter be forever barred.
2. The notice shall be in substantially the following form:
In the District Court of Iowa
in and for ..... County.
In the Estate ofProbate No.....
....., Deceased
NOTICE OF OPENING
ADMINISTRATION OF
ESTATE, OF APPOINTMENT OF
ADMINISTRATOR, AND
NOTICE TO CREDITOR
To the Department of Health and Human Services Who May Be
-849-Interested in the Estate of ....., Deceased, who died on or
about ...... (date):
You are hereby notified that on the .. day of ... (month),
... (year), an intestate estate was opened in the above-named
court and that ..... was appointed administrator of the
estate.
You are further notified that the birthdate of the
deceased is ... and the deceased’s social security number
is ...-...-.... The name of the spouse is ......... The
birthdate of the spouse is ... and the spouse’s social
security number is ...-...-...., and that the spouse of the
deceased is alive as of the date of this notice, or deceased as
of ...... (date).
You are further notified that the deceased was/was not a
disabled or a blind child of the medical assistance recipient
by the name of ....., who had a birthdate of ... and a social
security number of ...-...-...., and the medical assistance
debt of that medical assistance recipient was waived pursuant
to section 249A.53, subsection 2, paragraph “a”, subparagraph
(1), and is now collectible from this estate pursuant to
section 249A.53, subsection 2, paragraph “b”.
Notice is hereby given that if the department of health
and human services has a claim against the estate for the
deceased person or persons named in this notice, the claim
shall be filed with the clerk of the above-named district
court, as provided by law, duly authenticated, for allowance,
within six months from the date of sending this notice and,
unless otherwise allowed or paid, the claim is thereafter
forever barred. If the department does not have a claim, the
department shall return the notice to the administrator with
notification stating the department does not have a claim
within six months from the date of sending this notice.
Dated this .. day of ... (month), ... (year)
....................
Administrator of the estate
-850-....................
Address
....................
Attorney for the administrator
....................
Address
Sec. 1276. Section 633.304A, Code 2023, is amended to read
as follows:
633.304A Notice of probate of will — medical assistance
claims.
1. On admission of a will to probate, the executor shall,
in accordance with section 633.410, provide by electronic
transmission on a form approved by the department of health and
human services to the entity designated by the department of
health and human services, a notice of admission of the will
to probate and of the appointment of the executor, which shall
include a notice to file claims with the clerk or to provide
electronic notification to the executor that the department
has no claim within six months of sending this notice, or
thereafter be forever barred.
2. The notice shall be in substantially the following form:
In the District Court of Iowa
in and for ..... County.
Probate No. ....
In the Estate ofNOTICE OF PROBATE OF WILL,
....., DeceasedOF APPOINTMENT OF
EXECUTOR, AND
NOTICE TO CREDITORS
To the Department of Health and Human Services, Who May Be
Interested in the Estate of ....., Deceased, who died on or
about ...... (date):
You are hereby notified that on the .. day of ...(month),
...(year), the last will and testament of ......, deceased,
bearing date of the .. day of ... (month), ... (year) was
admitted to probate in the above-named court and that ......
-851-was appointed executor of the estate.
You are further notified that the birthdate of the
deceased is ... and the deceased’s social security number is
...-...-.... The name of the spouse is ...... The birthdate
of the spouse is ... and the spouse’s social security number
is ...-...-...., and that the spouse of the deceased is alive
as of the date of this notice, or deceased as of ..... (date).
You are further notified that the deceased was/was not a
disabled or a blind child of the medical assistance recipient
by the name of ......, who had a birthdate of .... and a social
security number of ...-...-...., and the medical assistance
debt of that medical assistance recipient was waived pursuant
to section 249A.53, subsection 2, paragraph “a”, subparagraph
(1), and is now collectible from this estate pursuant to
section 249A.53, subsection 2, paragraph “b”.
Notice is hereby given that if the department of health
and human services has a claim against the estate for the
deceased person or persons named in this notice, the claim
shall be filed with the clerk of the above-named district
court, as provided by law, duly authenticated, for allowance
within six months from the date of sending this notice and,
unless otherwise allowed or paid, the claim is thereafter
forever barred. If the department does not have a claim,
the department shall return the notice to the executor with
notification that the department does not have a claim within
six months from the date of sending this notice.
Dated this .. day of ... (month), ... (year)
......
Executor of estate
........
Address
......
Attorney for executor
........
Address
-852- Sec. 1277. Section 633.336, Code 2023, is amended to read
as follows:
633.336 Damages for wrongful death.
When a wrongful act produces death, damages recovered as a
result of the wrongful act shall be disposed of as personal
property belonging to the estate of the deceased; however, if
the damages include damages for loss of services and support
of a deceased spouse, parent, or child, the damages shall be
apportioned by the court among the surviving spouse, children,
and parents of the decedent in a manner as the court may deem
equitable consistent with the loss of services and support
sustained by the surviving spouse, children, and parents
respectively. Any recovery by a parent for the death of a
child shall be subordinate to the recovery, if any, of the
spouse or a child of the decedent. If the decedent leaves
a spouse, child, or parent, damages for wrongful death shall
not be subject to debts and charges of the decedent’s estate,
except for amounts to be paid to the department of health
and human services for payments made for medical assistance
pursuant to chapter 249A, paid on behalf of the decedent from
the time of the injury which gives rise to the decedent’s death
up until the date of the decedent’s death.
Sec. 1278. Section 633.356, subsection 3, paragraph a,
subparagraph (9), Code 2023, is amended to read as follows:
(9) That no debt is owed to the department of health and
human services for reimbursement of Medicaid benefits; or if
debt is owed, that the debt will be paid to the extent of funds
received pursuant to the affidavit.
Sec. 1279. Section 633.356, subsection 8, paragraph b, Code
2023, is amended to read as follows:
b. When the department of health and human services is
entitled to money or property of a decedent pursuant to section
249A.53, subsection 2, and no affidavit has been presented by
a successor as defined in subsection 2, paragraph “a” or “b”,
within ninety days of the date of the decedent’s death, the
-853-funds in the account or other property, up to the amount of
the claim of the department, shall be paid to the department
upon presentation by the department or an entity designated by
the department of an affidavit to the holder of the decedent’s
property. Such affidavit shall include the information
specified in subsection 3, except that the department may
submit proof of payment of funeral expenses as verification
of the decedent’s death instead of a certified copy of the
decedent’s death certificate. The amount of the department’s
claim shall also be included in the affidavit, which shall
entitle the department to receive the funds as a successor.
The department shall issue a refund within sixty days to any
claimant with a superior priority pursuant to section 633.425,
if notice of such claim is given to the department, or to the
entity designated by the department to receive notice, within
one year of the department’s receipt of funds. This paragraph
shall apply to funds or property of the decedent transferred
to the custody of the treasurer of state as unclaimed property
pursuant to chapter 556.
Sec. 1280. Section 633.410, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding subsection 1, claims for debts created
under section 249A.53, subsection 2, relating to the recovery
of medical assistance payments shall be barred under this
section unless filed with the clerk within six months after
sending notice by electronic transmission, on the form
prescribed in section 633.231 for intestate estates or on the
form prescribed in section 633.304A for testate estates, to
the entity designated by the department of health and human
services to receive notice.
Sec. 1281. Section 633.564, subsection 3, Code 2023, is
amended to read as follows:
3. The judicial branch, in conjunction with the department
of public safety, the department of health and human services,
and the state chief information officer, shall establish
-854-procedures for electronic access to the single contact
repository established pursuant to section 135C.33 necessary to
conduct background checks requested under subsection 1.
Sec. 1282. Section 633.641, subsection 4, Code 2023, is
amended to read as follows:
4. The conservator shall report to the department of health
and human services the protected person’s assets and income,
if the protected person is receiving medical assistance under
chapter 249A. Such reports shall be made upon establishment of
a conservatorship for an individual applying for or receiving
medical assistance, upon application for benefits on behalf
of the protected person, upon annual or semiannual review of
continued medical assistance eligibility, when any significant
change in the protected person’s assets or income occurs, or
as otherwise requested by the department of health and human
services. Written reports shall be provided to the department
of health and human services office for the county in which the
protected person resides or the office in which the protected
person’s medical assistance is administered.
Sec. 1283. Section 633B.120, subsection 2, paragraph f,
Code 2023, is amended to read as follows:
f. The person makes, or has actual knowledge that another
person has made, a report to the department of health and human
services stating a good-faith belief that the principal may be
subject to physical or financial abuse, neglect, exploitation,
or abandonment by the agent or a person acting for or with the
agent.
Sec. 1284. Section 633C.1, Code 2023, is amended to read as
follows:
633C.1 Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Available monthly income” means in reference to a
medical assistance income trust beneficiary, any income
received directly by the beneficiary, not from the trust,
-855-that counts as income in determining eligibility for medical
assistance and any amounts paid to or otherwise made available
to the beneficiary by the trustee pursuant to section 633C.3,
subsection 1, paragraph “b”, or section 633C.3, subsection 2,
paragraph “b”.
2. “Beneficiary” means the original beneficiary of a medical
assistance special needs trust or medical assistance income
trust, whose assets funded the trust.
3. “Department” means the department of health and human
services.
3. 4. “Institutionalized individual” means an individual
receiving nursing facility services, a level of care in any
institution equivalent to nursing facility services, or home
and community-based services under the medical assistance home
and community-based services waiver program.
4. 5. “Maximum monthly medical assistance payment rate for
services in an intermediate care facility for persons with an
intellectual disability” means the allowable rate established by
the department of human services and as published in the Iowa
administrative bulletin.
5. 6. “Medical assistance” means medical assistance as
defined in section 249A.2.
6. 7. “Medical assistance income trust” means a trust or
similar legal instrument or device that meets the criteria of
42 U.S.C. §1396p(d)(4)(B)(i)-(ii).
7. 8. “Medical assistance special needs trust” means a trust
or similar legal instrument or device that meets the criteria
of 42 U.S.C. §1396p(d)(4)(A) or (C).
8. 9. “Statewide average charge for state mental health
institute care” means the statewide average charge for such
care as calculated by the department of human services and as
published in the Iowa administrative bulletin.
9. 10. “Statewide average charge for nursing facility
services” means the statewide average charge for such care,
excluding charges by Medicare-certified, skilled nursing
-856-facilities, as calculated by the department of human services
and as published in the Iowa administrative bulletin.
10. 11. “Statewide average charge to private-pay patients
for psychiatric medical institutions for children care” means
the statewide average charge for such care as calculated by
the department of human services and as published in the Iowa
administrative bulletin.
11. 12. “Total monthly income” means in reference to a
medical assistance income trust beneficiary, income received
directly by the beneficiary, not from the trust, that counts
as income in determining eligibility for medical assistance,
income of the beneficiary received by the trust that would
otherwise count as income in determining the beneficiary’s
eligibility for medical assistance, and income or earnings of
the trust received by the trust.
Sec. 1285. Section 633C.5, Code 2023, is amended to read as
follows:
633C.5 Cooperation.
1. The department of human services shall cooperate with
the trustee of a medical assistance special needs trust or a
medical assistance income trust in determining the appropriate
disposition of the trust under sections 633C.2 and 633C.3.
2. The trustee of a medical assistance special needs trust
or medical assistance income trust shall cooperate with the
department of human services in supplying information regarding
a trust established under this chapter.
Sec. 1286. Section 642.2, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding subsections 2, 3, 6, and 7, any moneys
owed to the child support obligor by the state, with the
exception of unclaimed property held by the treasurer of
state pursuant to chapter 556, and payments owed to the child
support obligor through the Iowa public employees’ retirement
system are subject to garnishment, attachment, execution, or
assignment by the child support recovery unit services if the
-857- child support recovery unit services is providing enforcement
services pursuant to chapter 252B. Any moneys that are
determined payable by the treasurer pursuant to section 556.20,
subsection 2, to the child support obligor shall be subject
to setoff pursuant to section 8A.504, notwithstanding any
administrative rule pertaining to the child support recovery
unit services limiting the amount of the offset.
Sec. 1287. Section 669.2, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. “Employee of the state” includes any one or more
officers, agents, or employees of the state or any state
agency, including members of the general assembly, and persons
acting on behalf of the state or any state agency in any
official capacity, temporarily or permanently in the service of
the state of Iowa, whether with or without compensation, but
does not include a contractor doing business with the state.
Professional personnel, including physicians, osteopathic
physicians and surgeons, osteopathic physicians, optometrists,
dentists, nurses, physician assistants, and other medical
personnel, who render services to patients or inmates of state
institutions under the jurisdiction of the department of health
and human services or the Iowa department of corrections,
and employees of the department of veterans affairs, are to
be considered employees of the state, whether the personnel
are employed on a full-time basis or render services on
a part-time basis on a fee schedule or other arrangement.
Criminal defendants while performing unpaid community service
ordered by the district court, board of parole, or judicial
district department of correctional services, or an inmate
providing services pursuant to a chapter 28E agreement entered
into pursuant to section 904.703, and persons supervising
those inmates under and according to the terms of the chapter
28E agreement, are to be considered employees of the state.
Members of the Iowa national guard performing duties in
a requesting state pursuant to section 29C.21 are to be
-858-considered employees of the state solely for the purpose of
claims arising out of those duties in the event that the
requesting state’s tort claims coverage does not extend to
such members of the Iowa national guard or is less than that
provided under Iowa law.
Sec. 1288. Section 674.3, Code 2023, is amended to read as
follows:
674.3 Petition copy.
A copy of the petition shall be filed by the clerk of court
with the division for records and state registrar of vital
statistics of the Iowa department of public health and human
services.
Sec. 1289. Section 674.7, Code 2023, is amended to read as
follows:
674.7 Copy to Iowa department of public health and human
services.
When the court grants a decree of change of name, the clerk
of the court shall furnish the petitioner with a certified copy
of the decree and mail an abstract of a decree requiring a name
change to be reflected on a birth certificate to the state
registrar of vital statistics of the Iowa department of public
health and human services on a form provided by the state
registrar.
Sec. 1290. Section 686D.2, subsection 11, paragraph e, Code
2023, is amended to read as follows:
e. Any state agency, including the department of public
health and human services.
Sec. 1291. Section 691.5, Code 2023, is amended to read as
follows:
691.5 State medical examiner.
The office and position of state medical examiner is
established for administrative purposes within the Iowa
department of public health and human services. Other state
agencies shall cooperate with the state medical examiner in
the use of state-owned facilities when appropriate for the
-859-performance of nonadministrative duties of the state medical
examiner. The state medical examiner shall be a physician
and surgeon or osteopathic physician and surgeon, be licensed
to practice medicine in the state of Iowa, and be board
certified or eligible to be board certified in anatomic and
forensic pathology by the American board of pathology. The
state medical examiner shall be appointed by and serve at the
pleasure of the director of public health and human services
upon the advice of and in consultation with the director of
public safety and the governor. The state medical examiner,
in consultation with the director of public health and human
services, shall be responsible for developing and administering
the medical examiner’s budget and for employment of medical
examiner staff and assistants. The state medical examiner
may be a faculty member of the university of Iowa college of
medicine or the college of law at the university of Iowa, and
any of the examiner’s assistants or staff may be members of the
faculty or staff of the university of Iowa college of medicine
or the college of law at the university of Iowa.
Sec. 1292. Section 691.6, subsection 3, Code 2023, is
amended to read as follows:
3. To adopt rules pursuant to chapter 17A and subject to the
approval of the director of public health and human services.
Sec. 1293. Section 691.6, subsection 10, Code 2023, is
amended by striking the subsection.
Sec. 1294. Section 691.6A, Code 2023, is amended to read as
follows:
691.6A Deputy state medical examiner — creation and duties.
The position of deputy state medical examiner is created
within the office of the state medical examiner. The deputy
state medical examiner shall report to and be responsible to
the state medical examiner. The deputy state medical examiner
shall meet the qualification criteria established in section
691.5 for the state medical examiner and shall be subject to
rules adopted by the state medical examiner as provided in
-860-section 691.6, subsection 3. The state medical examiner and
the deputy state medical examiner shall function as a team,
providing peer review as necessary, fulfilling each other’s job
responsibilities during times of absence, and working jointly
to provide services and education to county medical examiners,
law enforcement officials, hospital pathologists, and other
individuals and entities. The deputy medical examiner may
be, but is not required to be, a full-time salaried faculty
member of the department of pathology of the university of Iowa
college of medicine. If the medical examiner is a full-time
salaried faculty member of the department of pathology of the
university of Iowa college of medicine, the Iowa department
of public health and human services and the state board of
regents shall enter into a chapter 28E agreement to define the
activities and functions of the deputy medical examiner, and
to allocate deputy medical examiner costs, consistent with the
requirements of this section.
Sec. 1295. Section 691.6B, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Advise the state medical examiner concerning the
assurance of effective coordination of the functions and
operations of the office of the state medical examiner with the
needs and interests of the departments of public safety and
public health and human services.
Sec. 1296. Section 691.6B, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The director of public health and human services or the
director’s designee.
Sec. 1297. Section 691.7, Code 2023, is amended to read as
follows:
691.7 Commissioner to accept federal or private grants.
The commissioner of public safety may accept federal
or private funds or grants to aid in the establishment or
operation of the state criminalistics laboratory, and the
director of public health and human services or the state board
-861-of regents may accept federal or private funds or grants to
aid in the establishment or operation of the position of state
medical examiner.
Sec. 1298. Section 692.15, subsection 1, Code 2023, is
amended to read as follows:
1. If it comes to the attention of a sheriff, police
department, or other law enforcement agency that a public
offense or delinquent act has been committed in its
jurisdiction, the law enforcement agency shall report
information concerning the public offense or delinquent act to
the department on a form to be furnished by the department not
more than thirty-five days from the time the public offense
or delinquent act first comes to the attention of the law
enforcement agency. The reports shall be used to generate
crime statistics. The department shall submit statistics to
the governor, the general assembly, and the division of subunit
of the department of health and human services responsible for
criminal and juvenile justice planning of the department of
human rights on a quarterly and yearly basis.
Sec. 1299. Section 707.6A, subsection 1D, Code 2023, is
amended to read as follows:
1D. Where the program is available and appropriate for
the defendant, the court shall also order the defendant to
participate in a reality education substance abuse use disorder
prevention program as provided in section 321J.24.
Sec. 1300. Section 708.3A, subsections 1, 2, 3, and 4, Code
2023, are amended to read as follows:
1. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, whether paid
-862-or volunteer, with the knowledge that the person against
whom the assault is committed is a peace officer, jailer,
correctional staff, member or employee of the board of parole,
health care provider, employee of the department of health and
human services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter and with the
intent to inflict a serious injury upon the peace officer,
jailer, correctional staff, member or employee of the board
of parole, health care provider, employee of the department
of health and human services, employee of the department of
revenue, national guard member engaged in national guard duty
or state active duty, civilian employee of a law enforcement
agency, civilian employee of a fire department, or fire
fighter, is guilty of a class “D” felony.
2. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, whether paid
or volunteer, who knows that the person against whom the
assault is committed is a peace officer, jailer, correctional
staff, member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter and who uses or
displays a dangerous weapon in connection with the assault, is
guilty of a class “D” felony.
3. A person who commits an assault, as defined in section
-863-708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, whether paid
or volunteer, who knows that the person against whom the
assault is committed is a peace officer, jailer, correctional
staff, member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, and who causes
bodily injury or mental illness, is guilty of an aggravated
misdemeanor.
4. Any other assault, as defined in section 708.1, committed
against a peace officer, jailer, correctional staff, member
or employee of the board of parole, health care provider,
employee of the department of health and human services,
employee of the department of revenue, national guard member
engaged in national guard duty or state active duty, civilian
employee of a law enforcement agency, civilian employee of a
fire department, or fire fighter, whether paid or volunteer,
by a person who knows that the person against whom the assault
is committed is a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, is a serious
misdemeanor.
Sec. 1301. Section 708.3A, subsection 5, paragraph b, Code
-864-2023, is amended to read as follows:
b. “Employee of the department of health and human services”
means a person who is an employee of an institution controlled
by the director of health and human services that is listed in
section 218.1, or who is an employee of the civil commitment
unit for sex offenders operated by the department of health and
human services. A person who commits an assault under this
section against an employee of the department of health and
human services at a department of health and human services
institution or unit is presumed to know that the person against
whom the assault is committed is an employee of the department
of health and human services.
Sec. 1302. Section 709.16, subsection 2, paragraph b,
subparagraphs (2) and (5), Code 2023, are amended to read as
follows:
(2) Institutions controlled by the department of health and
human services listed in section 218.1.
(5) Facilities for the treatment of persons with
substance-related disorders a substance use disorder as defined
in section 125.2.
Sec. 1303. Section 710.8, subsection 3, Code 2023, is
amended to read as follows:
3. A person shall not harbor a runaway child with the intent
of allowing the runaway child to remain away from home against
the wishes of the child’s parent, guardian, or custodian.
However, the provisions of this subsection do not apply to
a shelter care home which is licensed or approved by the
department of health and human services.
Sec. 1304. Section 714G.8, subsection 5, Code 2023, is
amended to read as follows:
5. The department of health and human services or its agents
or assignees acting to investigate fraud under the medical
assistance program.
Sec. 1305. Section 715A.11, subsection 5, Code 2023, is
amended to read as follows:
-865- 5. A person who violates this section is guilty of a simple
misdemeanor for a first offense and a serious misdemeanor for
each subsequent offense. The court may require a substance
abuse use disorder evaluation and treatment through a program
licensed by the Iowa department of public health and human
services in lieu of or in addition to other penalties. Any
substance abuse use disorder evaluation required under this
subsection shall be completed at the expense of the defendant.
Sec. 1306. Section 724.31, subsection 2, Code 2023, is
amended to read as follows:
2. A person who is subject to the disabilities imposed
by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
judgment that occurred under the laws of this state may
petition the court that issued the order or judgment or the
court in the county where the person resides for relief from
the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
A copy of the petition shall also be served on the director of
health and human services and the county attorney at the county
attorney’s office of the county in which the original order
occurred, and the director or the county attorney may appear,
support, object to, and present evidence relevant to the relief
sought by the petitioner.
Sec. 1307. Section 725.1, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If the person who sells or offers for sale the person’s
services as a partner in a sex act is under the age of eighteen,
the county attorney may elect, in lieu of filing a petition
alleging that the person has committed a delinquent act,
to refer that person to the department of health and human
services for the possible filing of a petition alleging that
the person is a child in need of assistance.
Sec. 1308. Section 730.5, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. “Medical review officer” means a licensed physician,
osteopathic physician, chiropractor, nurse practitioner, or
-866-physician assistant authorized to practice in any state of the
United States, who is responsible for receiving laboratory
results generated by an employer’s drug or alcohol testing
program, and who has knowledge of substance abuse use disorders
and has appropriate medical training to interpret and evaluate
an individual’s confirmed positive test result together
with the individual’s medical history and any other relevant
biomedical information.
Sec. 1309. Section 730.5, subsection 3, Code 2023, is
amended to read as follows:
3. Testing optional. This section does not require or
create a legal duty on an employer to conduct drug or alcohol
testing and the requirements of this section shall not be
construed to encourage, discourage, restrict, limit, prohibit,
or require such testing. In addition, an employer may
implement and require drug or alcohol testing at some but not
all of the work sites of the employer and the requirements of
this section shall only apply to the employer and employees who
are at the work sites where drug or alcohol testing pursuant to
this section has been implemented. A cause of action shall not
arise in favor of any person against an employer or agent of an
employer based on the failure of the employer to establish a
program or policy on substance abuse use disorder prevention
or to implement any component of testing as permitted by this
section.
Sec. 1310. Section 730.5, subsection 7, paragraph f, Code
2023, is amended to read as follows:
f. All confirmatory drug testing shall be conducted at a
laboratory certified by the United States department of health
and human services’ substance abuse and mental health services
administration or approved under rules adopted by the Iowa
department of public health and human services.
Sec. 1311. Section 730.5, subsection 9, paragraph c,
subparagraph (2), Code 2023, is amended to read as follows:
(2) If an employer does not have an employee assistance
-867-program, the employer must maintain a resource file of alcohol
and other drug abuse substance use disorder programs certified
by the Iowa department of public health and human services,
mental health providers, and other persons, entities, or
organizations available to assist employees with personal or
behavioral problems. The employer shall provide all employees
information about the existence of the resource file and a
summary of the information contained within the resource file.
The summary should contain, but need not be limited to, all
information necessary to access the services listed in the
resource file.
Sec. 1312. Section 730.5, subsection 9, paragraph g,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
Upon receipt of a confirmed positive alcohol test
which indicates an alcohol concentration greater than the
concentration level established by the employer pursuant to
this section, and if the employer has at least fifty employees,
and if the employee has been employed by the employer for
at least twelve of the preceding eighteen months, and if
rehabilitation is agreed upon by the employee, and if the
employee has not previously violated the employer’s substance
abuse use disorder prevention policy pursuant to this section,
the written policy shall provide for the rehabilitation of the
employee pursuant to subsection 10, paragraph “a”, subparagraph
(1), and the apportionment of the costs of rehabilitation as
provided by this paragraph “g”.
Sec. 1313. Section 730.5, subsection 9, paragraph h, Code
2023, is amended to read as follows:
h. In order to conduct drug or alcohol testing under this
section, an employer shall require supervisory personnel of
the employer involved with drug or alcohol testing under this
section to attend a minimum of two hours of initial training
and to attend, on an annual basis thereafter, a minimum of one
hour of subsequent training. The training shall include, but
-868-is not limited to, information concerning the recognition of
evidence of employee alcohol and other drug abuse substance
use disorder, the documentation and corroboration of employee
alcohol and other drug abuse substance use disorder, and the
referral of employees who abuse alcohol or other drugs with a
substance use disorder to the employee assistance program or
to the resource file maintained by the employer pursuant to
paragraph “c”, subparagraph (2).
Sec. 1314. Section 730.5, subsection 11, paragraph d, Code
2023, is amended to read as follows:
d. Termination or suspension of any substance abuse use
disorder prevention or testing program or policy.
Sec. 1315. Section 730.5, subsection 12, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The employer discloses the test results to a person
other than the employer, an authorized employee, agent, or
representative of the employer, the tested employee or the
tested applicant for employment, an authorized substance abuse
use disorder treatment program or employee assistance program,
or an authorized agent or representative of the tested employee
or applicant.
Sec. 1316. Section 730.5, subsection 13, paragraph d,
subparagraph (1), subparagraph division (e), Code 2023, is
amended to read as follows:
(e) To a substance abuse use disorder evaluation or
treatment facility or professional for the purpose of
evaluation or treatment of the employee.
Sec. 1317. Section 730.5, subsection 16, Code 2023, is
amended to read as follows:
16. Reports. A laboratory doing business for an employer
who conducts drug or alcohol tests pursuant to this section
shall file an annual report with the Iowa department of public
health and human services by March 1 of each year concerning
the number of drug or alcohol tests conducted on employees who
work in this state pursuant to this section, and the number
-869-of positive and negative results of the tests, during the
previous calendar year. In addition, the laboratory shall
include in its annual report the specific basis for each test
as authorized in subsection 8, the type of drug or drugs which
were found in the positive drug tests, and all significant
available demographic factors relating to the positive test
pool.
Sec. 1318. Section 804.31, subsection 1, Code 2023, is
amended to read as follows:
1. When a person is detained for questioning or arrested
for an alleged violation of a law or ordinance and there is
reason to believe that the person is deaf or hard-of-hearing,
the peace officer making the arrest or taking the person
into custody or any other officer detaining the person shall
determine if the person is a deaf or hard-of-hearing person as
defined in section 622B.1. If the officer so determines, the
officer, at the earliest possible time and prior to commencing
any custodial interrogation of the person, shall procure a
qualified interpreter in accordance with section 622B.2 and the
rules adopted by the supreme court under section 622B.1 unless
the deaf or hard-of-hearing person knowingly, voluntarily,
and intelligently waives the right to an interpreter in
writing by executing a form prescribed by the department of
health and human rights services and the Iowa county attorneys
association. The interpreter shall interpret the officer’s
warnings of constitutional rights and protections and all other
warnings, statements, and questions spoken or written by any
officer, attorney, or other person present and all statements
and questions communicated in sign language by the deaf or
hard-of-hearing person.
Sec. 1319. Section 811.2, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Any bailable defendant who is charged with unlawful
possession, manufacture, delivery, or distribution of a
controlled substance or other drug under chapter 124 and is
-870-ordered released shall be required, as a condition of that
release, to submit to a substance abuse use disorder evaluation
and follow any recommendations proposed in the evaluation for
appropriate substance abuse use disorder treatment. However,
if a bailable defendant is charged with manufacture, delivery,
possession with the intent to manufacture or deliver, or
distribution of methamphetamine, its salts, optical isomers,
and salts of its optical isomers, the defendant shall, in
addition to a substance abuse use disorder evaluation, remain
under supervision and be required to undergo random drug tests
as a condition of release.
Sec. 1320. Section 812.6, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. A defendant who does not pose a danger to the public
peace or safety, but is otherwise being held in custody, or
who refuses to cooperate with treatment, shall be committed to
the custody of the director of health and human services at a
department of health and human services facility for treatment
designed to restore the defendant to competency. The costs of
the treatment pursuant to this paragraph shall be borne by the
department of health and human services.
Sec. 1321. Section 901.3, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. Whether the defendant has a history of mental health
issues or a substance abuse problems use disorder. If so, the
investigator shall inquire into the treatment options available
in both the community of the defendant and the correctional
system.
Sec. 1322. Section 901.3, subsection 2, Code 2023, is
amended to read as follows:
2. All local and state mental and correctional
institutions, courts, and police agencies shall furnish to the
investigator on request the defendant’s criminal record and
other relevant information. The originating source of specific
mental health or substance abuse use disorder information
-871-including the histories, treatment, and use of medications
shall not be released to the presentence investigator unless
the defendant authorizes the release of such information.
If the defendant refuses to release the information, the
presentence investigator may note the defendant’s refusal
to release mental health or substance abuse use disorder
information in the presentence investigation report and rely
upon other mental health or substance abuse use disorder
information available to the presentence investigator.
With the approval of the court, a physical examination or
psychiatric evaluation of the defendant may be ordered, or
the defendant may be committed to an inpatient or outpatient
psychiatric facility for an evaluation of the defendant’s
personality and mental health. The results of any such
examination or evaluation shall be included in the report of
the investigator.
Sec. 1323. Section 901.4, Code 2023, is amended to read as
follows:
901.4 Presentence investigation report confidential —
access.
The presentence investigation report is confidential and the
court shall provide safeguards to ensure its confidentiality,
including but not limited to sealing the report, which may
be opened only by further court order. The defendant’s
attorney and the attorney for the state shall have access to
the presentence investigation report at least three days prior
to the date set for sentencing. The defendant’s appellate
attorney and the appellate attorney for the state shall have
access to the presentence investigation report upon request
and without the necessity of a court order. The report shall
remain confidential except upon court order. However, the
court may conceal the identity of the person who provided
confidential information. The report of a medical examination
or psychological or psychiatric evaluation shall be made
available to the attorney for the state and to the defendant
-872-upon request. The reports are part of the record but shall
be sealed and opened only on order of the court. If the
defendant is committed to the custody of the Iowa department
of corrections and is not a class “A” felon, an employee
of the department, if authorized by the director of the
department, an employee of a judicial district department
of correctional services, if authorized by the director of
the judicial district department of correctional services,
and an employee of the board of parole, if authorized by the
chairperson or a member of the board of parole, shall have
access to the presentence investigation report. Pursuant to
section 904.602, the presentence investigation report may also
be released by ordinary or electronic mail by the department of
corrections or a judicial district department of correctional
services to another jurisdiction for the purpose of providing
interstate probation and parole compact or interstate compact
for adult offender supervision services or evaluations, or
to a substance abuse use disorder or mental health services
provider when referring a defendant for services. The
defendant or the defendant’s attorney may file with the
presentence investigation report, a denial or refutation of the
allegations, or both, contained in the report. The denial or
refutation shall be included in the report.
Sec. 1324. Section 901.4A, Code 2023, is amended to read as
follows:
901.4A Substance abuse use disorder evaluation.
Upon a plea of guilty, a verdict of guilty, or a special
verdict upon which a judgment of conviction may be rendered,
the court may order the defendant to submit to and complete
a substance abuse use disorder evaluation, if the court
determines that there is reason to believe that the defendant
regularly abuses uses alcohol or other controlled substances
and may be in need of treatment. An order made pursuant to this
section may be made in addition to any other sentence or order
of the court.
-873- Sec. 1325. Section 901.5, subsection 8, Code 2023, is
amended to read as follows:
8. The court may order the defendant to complete any
treatment indicated by a substance abuse use disorder
evaluation ordered pursuant to section 901.4A or any other
section.
Sec. 1326. Section 901B.1, subsection 1, paragraph c,
subparagraph (5), Code 2023, is amended to read as follows:
(5) A substance abuse use disorder treatment facility
as established and operated by the Iowa department of public
health and human services or the department of corrections.
Sec. 1327. Section 901B.1, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. A copy of the program and plan shall be filed with
the chief judge of the judicial district, the department of
corrections, and the division of subunit of the department of
health and human services responsible for criminal and juvenile
justice planning of the department of human rights.
Sec. 1328. Section 904.108, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Establish and maintain acceptable standards of treatment,
training, education, and rehabilitation in the various
state penal and corrective institutions which shall include
habilitative services and treatment for offenders with an
intellectual disability. For the purposes of this paragraph,
“habilitative services and treatment” means medical, mental
health, social, educational, counseling, and other services
which will assist a person with an intellectual disability
to become self-reliant. However, the director may also
provide rehabilitative treatment and services to other persons
who require the services. The director shall identify all
individuals entering the correctional system who are persons
with an intellectual disability, as defined in section 4.1.
Identification shall be made by a qualified professional in the
area of intellectual disability. In assigning an offender with
-874-an intellectual disability, or an offender with an inadequately
developed intelligence or with impaired mental abilities, to
a correctional facility, the director shall consider both
the program needs and the security needs of the offender.
The director shall consult with the department of health
and human services in providing habilitative services and
treatment to offenders with mental illness or an intellectual
disability. The director may enter into agreements with the
department of health and human services to utilize mental
health institutions and share staff and resources for purposes
of providing habilitative services and treatment, as well as
providing other special needs programming. Any agreement to
utilize mental health institutions and to share staff and
resources shall provide that the costs of the habilitative
services and treatment shall be paid from state funds. Not
later than twenty days prior to entering into any agreement
to utilize mental health institution staff and resources,
other than the use of a building or facility, for purposes of
providing habilitative services and treatment, as well as other
special needs programming, the directors of the departments of
corrections and health and human services shall each notify the
chairpersons and ranking members of the joint appropriations
subcommittees that last handled the appropriation for their
respective departments of the pending agreement. Use of a
building or facility shall require approval of the general
assembly if the general assembly is in session or, if the
general assembly is not in session, the legislative council
may grant temporary authority, which shall be subject to final
approval of the general assembly during the next succeeding
legislative session.
Sec. 1329. Section 904.108, subsection 5, Code 2023, is
amended to read as follows:
5. The director may obtain assistance for the department
for construction, facility planning, and project accomplishment
with the department of administrative services and by
-875-contracting under chapter 28E for data processing with the
department of health and human services or the department of
administrative services.
Sec. 1330. Section 904.201, subsection 3, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Residents transferred from an institution under the
jurisdiction of the department of health and human services or
the Iowa department of corrections.
Sec. 1331. Section 904.302, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The director may appoint a farm operations administrator
for institutions under the control of the departments of
corrections and health and human services. If appointed, the
farm operations administrator, subject to the direction of the
director shall do all of the following:
Sec. 1332. Section 904.302, subsections 1, 3, and 8, Code
2023, are amended to read as follows:
1. Manage and supervise all farming and nursery operations
at institutions, farms and gardens of the departments of
corrections and health and human services.
3. Develop an annual operations plan for crop and
livestock production and utilization that will provide work
experience and contribute to developing vocational skills of
the institutions’ inmates and residents. The department of
health and human services must approve the parts of the plan
that affect farm operations on property of institutions having
programs of the department of health and human services.
8. Pay property taxes levied against land leased by the
department of corrections or department of health and human
services as provided in section 427.1, subsection 1.
Sec. 1333. Section 904.503, Code 2023, is amended to read
as follows:
904.503 Transfers — persons with mental illness.
1. a. The director may transfer at the expense of the
department an inmate of one institution to another institution
-876-under the director’s control if the director is satisfied that
the transfer is in the best interests of the institutions or
inmates.
b. The director may transfer at the expense of the
department an inmate under the director’s jurisdiction from any
institution supervised by the director to another institution
under the control of an administrator of a division of the
department director of health and human services with the
consent and approval of the administrator director of health
and human services and may transfer an inmate to any other
institution for mental or physical examination or treatment
retaining jurisdiction over the inmate when so transferred.
c. If the juvenile court waives its jurisdiction over a
child over thirteen and under eighteen years of age pursuant
to section 232.45 so that the child may be prosecuted as an
adult and if the child is convicted of a public offense in the
district court and committed to the custody of the director
under section 901.7, the director may request transfer of the
child to the state training school under this section. If
the administrator of a division of the department director of
health and human services consents and approves the transfer,
the child may be retained in temporary custody by the state
training school until attaining the age of eighteen, at which
time the child shall be returned to the custody of the director
of the department of corrections to serve the remainder of
the sentence imposed by the district court. If the child
becomes a security risk or becomes a danger to other residents
of the state training school at any time before reaching
eighteen years of age, the administrator of the division of
the department director of health and human services may
immediately return the child to the custody of the director of
the department of corrections to serve the remainder of the
sentence.
2. When the director has cause to believe that an inmate
in a state correctional institution is mentally ill, the
-877-Iowa department of corrections may cause the inmate to be
transferred to the Iowa medical and classification center,
or to another appropriate facility within the department,
for examination, diagnosis, or treatment. The inmate shall
be confined at that center or facility or a state hospital
for persons with mental illness health institute until the
expiration of the inmate’s sentence or until the inmate
is pronounced in good mental health. If the inmate is
pronounced in good mental health before the expiration of the
inmate’s sentence, the inmate shall be returned to the state
correctional institution until the expiration of the inmate’s
sentence.
3. When the director has reason to believe that a prisoner
in a state correctional institution, whose sentence has
expired, is mentally ill, the director shall cause examination
to be made of the prisoner by competent physicians who shall
certify to the director whether the prisoner is in good
mental health or mentally ill. The director may make further
investigation and if satisfied that the prisoner is mentally
ill, the director may cause the prisoner to be transferred
to one of the hospitals for persons with mental illness, or
may order the prisoner to be confined in the Iowa medical and
classification center.
Sec. 1334. Section 904.513, subsection 1, paragraph b,
subparagraphs (2) and (3), Code 2023, are amended to read as
follows:
(2) Offenders convicted of violating chapter 321J,
sentenced to the custody of the director, and awaiting
placement in a community residential substance abuse use
disorder treatment program for such offenders shall be placed
in an institutional substance abuse use disorder program
for such offenders within sixty days of admission to the
institution or as soon as practical. When placing offenders
convicted of violating chapter 321J in community residential
substance abuse use disorder treatment programs for such
-878-offenders, the department shall give priority as appropriate
to the placement of those offenders currently in institutional
substance abuse use disorder programs for such offenders. The
department shall work with each judicial district to enable
such offenders to enter community residential substance abuse
use disorder treatment programs at a level comparable to their
prior institutional program participation.
(3) Assignment shall be for the purposes of risk
management and substance abuse use disorder treatment and may
include education or work programs when the offender is not
participating in other program components.
Sec. 1335. Section 904.513, subsection 3, Code 2023, is
amended to read as follows:
3. The department shall adopt rules for the implementation
of this section. The rules shall include the requirement
that the treatment programs established pursuant to this
chapter meet the licensure standards of the department of
public health and human services under chapter 125. The rules
shall also include provisions for the funding of the program
by means of self-contribution by the offenders, insurance
reimbursement on behalf of offenders, or other forms of
funding, program structure, criteria for the evaluation of
offenders and programs, and all other issues the director shall
deem appropriate.
Sec. 1336. Section 904.514, subsection 1, Code 2023, is
amended to read as follows:
1. A person committed to an institution under the control of
the department who bites another person, who causes an exchange
of bodily fluids with another person, or who causes any bodily
secretion to be cast upon another person, shall submit to the
withdrawal of a bodily specimen for testing to determine if the
person is infected with a contagious infectious disease. The
bodily specimen to be taken shall be determined by the staff
physician of the institution. The specimen taken shall be
sent to the state hygienic laboratory at the state university
-879-at Iowa City or some other laboratory approved by the Iowa
department of public health and human services. If a person
to be tested pursuant to this section refuses to submit to the
withdrawal of a bodily specimen, application may be made by the
superintendent of the institution to the district court for an
order compelling the person to submit to the withdrawal and,
if infected, to available treatment. An order authorizing the
withdrawal of a specimen for testing may be issued only by a
district judge or district associate judge upon application by
the superintendent of the institution.
Sec. 1337. Section 904.706, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. As used in this section, “department” means the Iowa
department of corrections and the Iowa department of health and
human services.
4. The farm operations administrator appointed under
section 904.302 shall perform the functions described under
section 904.302 for agricultural operations on property of the
Iowa department of health and human services.
5. The Iowa department of health and human services shall
enter into an agreement under chapter 28D with the Iowa
department of corrections to implement this section.
Sec. 1338. Section 904.809, subsection 5, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) An amount which the inmate may be legally obligated to
pay for the support of the inmate’s dependents, which shall
be paid through the department of health and human services
collection services center, and which shall include an amount
for delinquent child support not to exceed fifty percent of net
earnings.
Sec. 1339. Section 904.905, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An amount the inmate may be legally obligated to pay for
the support of the inmate’s dependents, the amount of which
shall be paid to the dependents through the department of
-880- health and human services office or unit serving the county or
city in which the dependents reside.
Sec. 1340. Section 905.12, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An amount the resident may be legally obligated to pay
for the support of dependents, which shall be paid to the
dependents directly or through the department of health and
human services office or unit serving the county in which the
dependents reside. For the purpose of this paragraph, “legally
obligated” means under a court order.
Sec. 1341. Section 905.15, subsection 2, Code 2023, is
amended to read as follows:
2. A person under supervision of a district department, who
assaults another person as defined in section 708.1, by biting,
casting bodily fluids, or acting in a manner that results in
the exchange of bodily fluids, shall submit to the withdrawal
of a bodily specimen for testing to determine if the person
is infected with a contagious infectious disease. The bodily
specimen to be taken shall be determined by a physician. The
specimen taken shall be sent to the state hygienic laboratory
at the state university at Iowa City or some other laboratory
approved by the department of public health and human services.
If a person to be tested pursuant to this section refuses to
submit to the withdrawal of a bodily specimen, application may
be made by the director to the district court for an order
compelling the person to submit to the withdrawal and, if
infected, to available treatment. An order authorizing the
withdrawal of a specimen for testing may be issued only by a
district judge or district associate judge upon application by
the director.
Sec. 1342. Section 907.5, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. The defendant’s mental health and substance abuse
use disorder history and treatment options available in the
community and the correctional system.
-881- Sec. 1343. Section 915.29, Code 2023, is amended to read as
follows:
915.29 Notification of victim of juvenile by department of
health and human services.
1. The department of health and human services shall notify
a registered victim regarding a juvenile adjudicated delinquent
for a violent crime, committed to the custody of the department
of health and human services, and placed at the state training
school, of the following:
a. The date on which the juvenile is expected to be
temporarily released from the custody of the department of
health and human services, and whether the juvenile is expected
to return to the community where the registered victim resides.
b. The juvenile’s escape from custody.
c. The recommendation by the department to consider the
juvenile for release or placement.
d. The date on which the juvenile is expected to be released
from a facility pursuant to a plan of placement.
2. The notification required pursuant to this section
may occur through the automated victim notification system
referred to in section 915.10A to the extent such information
is available for dissemination through the system.
Sec. 1344. Section 915.35, subsection 4, Code 2023, is
amended to read as follows:
4. a. A child protection assistance team involving the
county attorney, law enforcement personnel, and personnel
of the department of health and human services shall be
established for each county by the county attorney. However,
by mutual agreement, two or more county attorneys may
establish a single child protection assistance team to cover a
multicounty area. A child protection assistance team, to the
greatest extent possible, may be consulted in cases involving a
forcible felony against a child who is less than age fourteen
in which the suspected offender is the person responsible
for the care of a child, as defined in section 232.68. A
-882-child protection assistance team may also be utilized in cases
involving a violation of chapter 709 or 726 or other crime
committed upon a victim as defined in subsection 1.
b. A child protection assistance team may also consult
with or include juvenile court officers, medical and mental
health professionals, physicians or other hospital-based health
professionals, court-appointed special advocates, guardians
ad litem, and members of a multidisciplinary team created by
the department of health and human services for child abuse
investigations assessments. A child protection assistance
team may work cooperatively with the early childhood Iowa area
board established under chapter 256I. The child protection
assistance team shall work with the department of health and
human services in accordance with section 232.71B, subsection
3, in developing the protocols for prioritizing the actions
taken in response to child abuse assessments and for law
enforcement agencies working jointly with the department at
the local level in processes for child abuse assessments. The
department of justice may provide training and other assistance
to support the activities of a child protection assistance
team.
Sec. 1345. Section 915.37, subsection 2, Code 2023, is
amended to read as follows:
2. References in this section to a guardian ad litem shall
be interpreted to include references to a court appointed
special advocate as defined in section 232.2, subsection 10.
Sec. 1346. Section 915.40, subsection 5, Code 2023, is
amended to read as follows:
5. “Department” means the Iowa department of public health
and human services.
Sec. 1347. Section 915.45, subsection 1, Code 2023, is
amended to read as follows:
1. In addition to any other information required to be
released under chapter 229A, prior to the discharge of a person
committed under chapter 229A, the director of health and human
-883-services shall give written notice of the person’s discharge
to any living victim of the person’s activities or crime whose
address is known to the director or, if the victim is deceased,
to the victim’s family, if the family’s address is known.
Failure to notify shall not be a reason for postponement of
discharge. Nothing in this section shall create a cause of
action against the state or an employee of the state acting
within the scope of the employee’s employment as a result of
the failure to notify pursuant to this action.
Sec. 1348. Section 915.46, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The sexual assault forensic examiner program shall
provide didactic and clinical training opportunities consistent
with the sexual assault forensic examiner education guidelines
established by the international association of forensic
nurses, in collaboration with the Iowa department of public
health and human services and the Iowa coalition against sexual
assault, in sufficient numbers and geographical locations
across the state to assist treatment facilities with training
sexual assault examiners and sexual assault nurse examiners.
Sec. 1349. Section 915.46, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. The sexual assault forensic examiner program, in
collaboration with qualified medical providers, the Iowa
department of public health and human services, and the
Iowa coalition against sexual assault, shall create uniform
materials that all treatment facilities and federally
qualified health centers are required to provide to patients
and non-offending parents or legal guardians, if applicable,
regarding medical forensic examination procedures, laws
regarding consent relating to medical forensic services, and
the benefits and risks of evidence collection, including
recommended time frames for evidence collection pursuant
to evidence-based research. These materials shall be made
available on the department of justice’s internet site to all
-884-treatment facilities and federally qualified health centers.
6. The sexual assault forensic examiner program, in
collaboration with qualified medical providers, the Iowa
department of public health and human services, and the Iowa
coalition against sexual assault, shall create and update
statewide sexual assault examiner and sexual assault nurse
examiner protocols, shall provide technical assistance upon
request to health care professionals, and shall provide
expertise on best practices to health care professionals
relating to sexual assault forensic examinations.
Sec. 1350. Section 915.46, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. Members of the advisory committee shall include staff
members of the department of justice managing the sexual
assault forensic examiner program; representatives from the
department of public health and human services as determined
by the director to be appropriate, the Iowa coalition against
sexual assault, the board of nursing, and other constituencies
as determined by the department of justice with an interest in
sexual assault forensic examinations; and the hospital medical
staff person involved with emergency services pursuant to
section 915.82.
Sec. 1351. Section 915.83, subsection 4, Code 2023, is
amended to read as follows:
4. Request from the department of health and human services,
the department of workforce development and its division of
workers’ compensation, the department of public safety, the
county sheriff departments, the municipal police departments,
the county attorneys, or other public authorities or agencies
reasonable assistance or data necessary to administer the crime
victim compensation program.
Sec. 1352. Section 915.84, subsections 4, 5, and 6, Code
2023, are amended to read as follows:
4. Notwithstanding subsection 3, a victim under the age of
eighteen or dependent adult as defined in section 235B.2 who
-885-has been sexually abused or subjected to any other unlawful
sexual conduct under chapter 709 or 726 or who has been
the subject of a forcible felony is not required to report
the crime to the local police department or county sheriff
department to be eligible for compensation if the crime was
allegedly committed upon a child by a person responsible for
the care of a child, as defined in section 232.68, subsection
8, or upon a dependent adult by a caretaker as defined
in section 235B.2, and was reported to an employee of the
department of health and human services and the employee
verifies the report to the department.
5. When immediate or short-term medical services or mental
health services are provided to a victim under section 915.35,
the department of health and human services shall file the
claim for compensation as provided in subsection 4 for the
victim.
6. When immediate or short-term medical services to a victim
are provided pursuant to section 915.35 by a professional
licensed or certified by the state to provide such services,
the professional shall file the claim for compensation,
unless the department of health and human services is required
to file the claim under this section. The requirement to
report the crime to the local police department or county
sheriff department under subsection 3 does not apply to this
subsection.
Sec. 1353. 2020 Iowa Acts, chapter 1064, section 16,
subsection 1, paragraph d, subparagraph (1), is amended to read
as follows:
(1) Any debt, which is assigned to the department of health
and human services, or which is owed to the department of
health and human services for unpaid premiums under section
249A.3, subsection 2, paragraph “a”, subparagraph (1), or
which the child support recovery unit services is otherwise
attempting to collect, or which the foster care recovery unit
services of the department of health and human services is
-886-attempting to collect on behalf of a child receiving foster
care provided by the department of health and human services.
Sec. 1354. 2022 Iowa Acts, chapter 1098, section 92,
subsection 1, is amended by striking the subsection.
Sec. 1355. REPEAL. Chapter 136, Code 2023, is repealed.
Sec. 1356. REPEAL. 2022 Iowa Acts, chapter 1098, section
68, is repealed.
Sec. 1357. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
227.19, 231.22, and 234.2, Code 2023, are repealed.
Sec. 1358. CODE EDITOR DIRECTIVE. The Code editor is
directed to do all of the following:
1. Make changes in the structure of any Code chapter
including but not limited to chapter titles and subtitles to
correspond with the changes made in this division of this
Act in consultation with the department of health and human
services.
2. Make changes in any Code sections amended or enacted
by any other Act to correspond with the changes made in this
division of this Act if there appears to be no doubt as to
the proper method of making the changes and the changes would
not be contrary to or inconsistent with the purposes of this
division of this Act or any other Act.
3. Correct internal references in the Code and in enacted
legislation as necessary due to the enactment of this division
of this Act.
Sec. 1359. CONTINGENT EFFECTIVE DATE. The following takes
effect on the effective date of the rules adopted by the
department of revenue pursuant to chapter 17A implementing 2020
Iowa Acts, chapter 1064, other than transitional rules:
The section of this division of this Act amending 2020 Iowa
Acts, chapter 1064.
DIVISION II
DEPARTMENT OF ADMINISTRATIVE SERVICES
-887-LIBRARY SERVICES
Sec. 1360. NEW SECTION. 8A.204 State librarian.
1. The director shall appoint the state librarian who
shall administer the duties of the department as it relates to
library services.
2. The state librarian shall do all of the following:
a. Organize, staff, and administer the department as it
relates to library services so as to render the greatest
benefit to libraries in the state.
b. Submit a biennial report to the governor on the
activities and an evaluation of the department as it relates to
library services and its programs and policies.
c. Control all library services-related property of the
department. The state librarian may dispose of, through
sale, conveyance, or exchange, any library materials that
may be obsolete or worn out or that may no longer be needed
or appropriate to the mission of the state library of Iowa.
These materials may be sold by the state library directly or
the library may sell the materials by consignment with an
outside entity. A state library fund is created in the state
treasury. Proceeds from the sale of the library materials
shall be remitted to the treasurer of state and credited to the
state library fund and shall be used for the purchase of books
and other library materials. Notwithstanding section 8.33, any
balance in the fund on June 30 of any fiscal year shall not
revert to the general fund of the state.
d. Perform other duties as assigned by the director or as
imposed by law.
Sec. 1361. Section 256.1, subsection 4, Code 2023, is
amended by striking the subsection.
Sec. 1362. Section 256.7, subsection 17, Code 2023, is
amended by striking the subsection.
Sec. 1363. Section 256.50, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 1364. Section 256.51, subsection 1, unnumbered
-888-paragraph 1, Code 2023, is amended to read as follows:
The division of library services is attached to the
department of education for administrative purposes. The state
librarian shall be responsible for the division’s budgeting
and related management functions in accordance with section
256.52, subsection 3. The division department, as it relates
to library services, shall do all of the following:
Sec. 1365. Section 256.51, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Develop and approve, in consultation with the area
education agency media centers and the commission, a biennial
unified plan of service and service delivery for the division
of library services department.
Sec. 1366. Section 256.51, subsection 1, Code 2023, is
amended by adding the following new paragraph:
NEW PARAGRAPH. m. Provide for the improvement of library
services to all Iowa citizens and foster development and
cooperation among libraries.
Sec. 1367. Section 256.51, subsection 2, Code 2023, is
amended to read as follows:
2. The division department, as it relates to library
services, may do all of the following:
a. Enter into interstate library compacts on behalf of
the state of Iowa with any state which legally joins in the
compacts as provided in section 256.70.
b. Receive and expend money for providing programs and
services. The division department may receive, accept, and
administer any moneys appropriated or granted to it, separate
from the general library fund, by the federal government or by
any other public or private agency.
c. Accept gifts, contributions, bequests, endowments,
or other moneys, including but not limited to the Westgate
endowment fund, for any or all purposes of the division
department as it relates to library services. Interest earned
on moneys accepted under this paragraph shall be credited to
-889-the fund or funds to which the gifts, contributions, bequests,
endowments, or other moneys have been deposited, and is
available for any or all purposes of the division department as
it relates to library services. The division department shall
report annually to the commission and the general assembly
regarding the gifts, contributions, bequests, endowments,
or other moneys accepted pursuant to this paragraph and the
interest earned on them.
Sec. 1368. Section 256.52, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The state commission of libraries consists of one member
appointed by the supreme court, the director of the department
of education, or the director’s designee, and the following
seven members who shall be appointed by the governor to serve
four-year terms beginning and ending as provided in section
69.19.
Sec. 1369. Section 256.52, subsection 3, Code 2023, is
amended by striking the subsection.
Sec. 1370. Section 256.52, subsection 4, Code 2023, is
amended to read as follows:
4. The commission shall adopt rules under chapter 17A for
carrying out the responsibilities of the division department as
it relates to library services duties of the department.
Sec. 1371. Section 256.52, subsection 5, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
5. Advise the department and the state librarian concerning
the library services duties of the department.
Sec. 1372. Section 256.53, Code 2023, is amended to read as
follows:
256.53 State publications.
Upon issuance of a state publication in any format, a
state agency shall provide the division department with
an electronic version of the publication at no cost to the
-890-division department.
Sec. 1373. Section 256.54, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The law library shall be administered by a law librarian
appointed by the state librarian subject to chapter 8A,
subchapter IV, who shall do all of the following:
Sec. 1374. Section 256.55, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A state data center is established in the division
department. The state data center shall be administered by
the state data center coordinator, who shall do all of the
following:
Sec. 1375. Section 256.55, subsection 3, Code 2023, is
amended to read as follows:
3. Perform other duties imposed by law or prescribed by the
commission department.
Sec. 1376. Section 256.57, Code 2023, is amended to read as
follows:
256.57 Enrich Iowa program.
1. An enrich Iowa program is established in the division
department to provide direct state assistance to public
libraries, to support the open access and access plus programs,
to provide public libraries with an incentive to improve
library services that are in compliance with performance
measures, and to reduce inequities among communities in the
delivery of library services based on performance measures
adopted by rule by the commission. The commission shall
adopt rules governing the allocation of funds appropriated by
the general assembly for purposes of this section to provide
direct state assistance to eligible public libraries. A public
library is eligible for funds under this chapter subchapter if
it is in compliance with the commission’s performance measures.
2. The amount of direct state assistance distributed to each
eligible public library shall be based on the following:
a. The level of compliance by the eligible public library
-891-with the performance measures adopted by the commission as
provided in this section.
b. The number of people residing within an eligible
library’s geographic service area for whom the library provides
services.
c. The amount of other funding the eligible public library
received in the previous fiscal year for providing services to
rural residents and to contracting communities.
3. Moneys received by a public library pursuant to this
section shall supplement, not supplant, any other funding
received by the library.
4. For purposes of this section, “eligible public library”
means a public library that meets all of the following
requirements:
a. Submits to the division department all of the following:
(1) The report provided for under section 256.51,
subsection 1, paragraph “h”.
(2) An application and accreditation report, in a format
approved by the commission department, that provides evidence
of the library’s compliance with at least one level of the
standards established in accordance with section 256.51,
subsection 1, paragraph “k”.
(3) Any other application or report the division department
deems necessary for the implementation of the enrich Iowa
program.
b. Participates in the library resource and information
sharing programs established by the state library.
c. Is a public library established by city ordinance or a
library district as provided in chapter 336.
5. Each eligible public library shall maintain a
separate listing within its budget for payments received and
expenditures made pursuant to this section, and shall annually
submit this listing to the division department.
6. By January 15, annually, the division department shall
submit a program evaluation report to the general assembly
-892-and the governor detailing the uses and the impacts of funds
allocated under this section.
7. A public library that receives funds in accordance with
this section shall have an internet use policy in place, which
may or may not include internet filtering. The library shall
submit a report describing the library’s internet use efforts
to the division department.
8. A public library that receives funds in accordance
with this section shall provide open access, the reciprocal
borrowing program, as a service to its patrons, at a
reimbursement rate determined by the state library.
9. Funds appropriated for purposes of this section shall not
be used by the division department for administrative purposes.
Sec. 1377. Section 256.58, Code 2023, is amended to read as
follows:
256.58 Library support network.
1. A library support network is established in the division
department to offer services and programs for libraries,
including but not limited to individualized, locally delivered
consulting and training, and to facilitate resource sharing and
innovation through the use of technology, administer enrich
Iowa programs, advocate for libraries, promote excellence
and innovation in library services, encourage governmental
subdivisions to provide local financial support for local
libraries, and ensure the consistent availability of quality
service to all libraries throughout the state, regardless of
location or size.
2. The organizational structure to deliver library support
network services shall include district offices. The district
offices shall serve as a basis for providing field services
to local libraries in the counties comprising the district.
The division department shall determine which counties are
served by each district office. The number of district offices
established to provide services pursuant to this section shall
be six.
-893- Sec. 1378. Section 256.59, Code 2023, is amended to read as
follows:
256.59 Specialized library services.
The specialized library services unit is established in
the division department to provide information services to
the three branches of state government and to offer focused
information services to the general public in the areas of Iowa
law, Iowa state documents, and Iowa history and culture.
Sec. 1379. Section 256.62, subsections 1, 3, and 4, Code
2023, are amended to read as follows:
1. The state librarian shall convene a library services
advisory panel to advise and recommend to the commission and
the division department evidence-based best practices, to
assist the commission and division department to determine
service priorities and launch programs, articulate the needs
and interests of Iowa librarians, and share research and
professional development information.
3. The library services advisory panel shall meet at least
twice annually and shall submit its recommendations in a report
to the commission department and the state librarian at least
once annually. The report shall be timely submitted to allow
for consideration of the recommendations prior to program
planning and budgeting for the following fiscal year.
4. Members of the library services advisory panel shall
receive actual and necessary expenses incurred in the
performance of their duties. Expenses shall be paid from funds
appropriated to the department for purposes of the division.
Sec. 1380. Section 256.70, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The division of library services of the department of
education is hereby authorized to enter into interstate
library compacts on behalf of the state of Iowa with any state
bordering on Iowa which legally joins therein in substantially
the following form and the contracting states agree that:
Sec. 1381. Section 256.71, Code 2023, is amended to read as
-894-follows:
256.71 Administrator.
The administrator of the division of library services state
librarian shall be the compact administrator. The compact
administrator shall receive copies of all agreements entered
into by the state or its political subdivisions and other
states or political subdivisions; consult with, advise and aid
such governmental units in the formulation of such agreements;
make such recommendations to the governor, legislature,
governmental agencies and units as the administrator deems
desirable to effectuate the purposes of this compact and
consult and cooperate with the compact administrators of other
party states.
Sec. 1382. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
1. The Code editor is directed to make the following
transfers:
a. Section 256.50 to section 8A.201.
b. Section 256.51 to section 8A.202.
c. Section 256.52 to section 8A.203.
d. Section 256.53 to section 8A.205.
e. Section 256.54 to section 8A.206.
f. Section 256.55 to section 8A.207.
g. Section 256.56 to section 8A.208.
h. Section 256.57 to section 8A.209.
i. Section 256.58 to section 8A.210.
j. Section 256.59 to section 8A.211.
k. Section 256.62 to section 8A.221.
l. Section 256.69 to section 8A.222.
m. Section 256.70 to section 8A.231.
n. Section 256.71 to section 8A.232.
o. Section 256.72 to section 8A.233.
p. Section 256.73 to section 8A.234.
2. The Code editor is directed to rename subchapter II and
designate parts in chapter 8A as follows:
a. Subchapter II shall be entitled “Library Services” and
-895-include sections 8A.201 through 8A.234.
b. Subchapter II, part 1, shall be entitled “General
Provisions” and include sections 8A.201 through 8A.211.
c. Subchapter II, part 2, shall be entitled “Library
Services Advisory Panel and Local Financial Support” and
include sections 8A.221 through 8A.222.
d. Subchapter II, new part 3, shall be entitled “Library
Compact” and include sections 8A.231 through 8A.234.
3. The Code editor may modify subchapter and part titles if
necessary and is directed to correct internal references in the
Code as necessary due to enactment of this section.
STATE RECORDS AND ARCHIVES
Sec. 1383. Section 163.37, subsection 3, Code 2023, is
amended to read as follows:
3. Such records shall be maintained for a length of time as
required by and pursuant to chapter 305 8A, subchapter VI, and
at the point of concentration and shall be made available for
inspection by the department at reasonable times.
Sec. 1384. Section 305.1, Code 2023, is amended to read as
follows:
305.1 Citation.
This chapter subchapter shall be known and may be cited as
the “State Archives and Records Act”.
Sec. 1385. Section 305.2, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this chapter subchapter, unless the context
otherwise requires:
Sec. 1386. Section 305.3, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 1387. Section 305.3, subsection 8, Code 2023, is
amended to read as follows:
8. The director of the department of administrative
services.
Sec. 1388. Section 305.7, Code 2023, is amended to read as
follows:
-896- 305.7 Administration Commission administration.
The department of cultural affairs, through the state
archives and records program, is the primary agency responsible
for providing administrative personnel and services for the
commission.
Sec. 1389. Section 305.8, subsection 1, paragraphs e, f, and
g, Code 2023, are amended to read as follows:
e. Adopt and maintain an interagency records manual
containing the rules governing records management, as well as
records series retention and disposition schedules, guidelines,
and other information relating to implementation of this
chapter subchapter.
f. Make recommendations, in consultation with the department
of administrative services, to the governor and the general
assembly for the continued reduction of printed reports
throughout state government in a manner that protects the
public’s right to access such reports.
g. Provide advice, counsel, and services to the legislative,
judicial, and executive branch agencies subject to this chapter
subchapter on the care and management of state government
records.
Sec. 1390. Section 305.8, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Examine records in the possession, constructive
possession, or control of state agencies to carry out the
purposes of this chapter subchapter.
Sec. 1391. Section 305.9, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of cultural affairs shall do all of the
following as it relates to state records and archives:
Sec. 1392. Section 305.9, subsection 1, paragraphs a and j,
Code 2023, are amended to read as follows:
a. Provide Administer the state archives and records
program and provide administrative support to the state records
commission through the state archives and records program.
-897- j. Provide advice, counsel, and services to the legislative,
judicial, and executive branch agencies subject to this chapter
subchapter on the care and management of state government
records.
Sec. 1393. Section 305.9, subsection 1, paragraph l,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Upon request, the state archivist shall make a certified
copy of any record in the legal custody or in the physical
custody of the state archivist, or a certified transcript of
any record if reproduction is inappropriate because of legal or
physical considerations. If a copy or transcript is properly
authenticated, it has the same legal effect as though certified
by the officer from whose office it was transferred or by the
secretary of state. The department of cultural affairs shall
establish reasonable fees for certified copies or certified
transcripts of records in the legal custody or physical custody
of the state archivist.
Sec. 1394. Section 305.9, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of cultural affairs may do any of the
following as it relates to state records and archives:
Sec. 1395. Section 305.10, subsection 1, paragraphs d and j,
Code 2023, are amended to read as follows:
d. Comply with requests from the state records commission
or the state archives and records program to examine records
in the possession, constructive possession, or control of the
agency in order to carry out the purposes of this chapter
subchapter.
j. Provide for compliance with this chapter subchapter and
the rules adopted by the state records commission.
Sec. 1396. Section 305.14, Code 2023, is amended to read as
follows:
305.14 Liability precluded.
No member of the commission or head of an agency shall
be held liable for damages or loss, or civil or criminal
-898-liability, because of the destruction of public records
pursuant to the provisions of this chapter subchapter or any
other law authorizing their destruction.
Sec. 1397. Section 305.15, Code 2023, is amended to read as
follows:
305.15 Exemptions — duties of state department of
transportation and state board of regents.
The state department of transportation and the agencies and
institutions under the control of the state board of regents
are exempt from the state records manual and the provisions
of this chapter subchapter. However, the state department of
transportation and the state board of regents shall adopt rules
pursuant to chapter 17A for their employees, agencies, and
institutions that are consistent with the objectives of this
chapter subchapter. The rules shall be approved by the state
records commission.
Sec. 1398. Section 305.16, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Membership. The board shall consist of nine members
appointed by the governor for three-year staggered terms.
Members shall be eligible for reappointment. The members shall
have experience in a field of research or an activity that
administers or makes extensive use of historical records. The
majority of the members shall have professional qualifications
and experience in the administration of government records,
historical records, or archives. The administrator of the
historical division of the department of cultural affairs
director shall serve as an ex officio member of the board.
3. Administration. The department of cultural affairs,
through the state archives and records program, is the primary
agency responsible for providing administrative personnel and
services for the board.
Sec. 1399. CODE EDITOR DIRECTIVE — STATE RECORDS AND
ARCHIVES.
1. The Code editor is directed to make the following
-899-transfers:
a. Section 305.1 to section 8A.601.
b. Section 305.2 to section 8A.602.
c. Section 305.3 to section 8A.603.
d. Section 305.4 to section 8A.604.
e. Section 305.5 to section 8A.605.
f. Section 305.6 to section 8A.606.
g. Section 305.7 to section 8A.607.
h. Section 305.8 to section 8A.608.
i. Section 305.9 to section 8A.609.
j. Section 305.10 to section 8A.610.
k. Section 305.11 to section 8A.611.
l. Section 305.12 to section 8A.612.
m. Section 305.13 to section 8A.613.
n. Section 305.14 to section 8A.614.
o. Section 305.15 to section 8A.615.
p. Section 305.16 to section 8A.616.
2.The Code editor is directed to create a new subchapter
VI in chapter 8A as follows:Subchapter VI shall be entitled
“State Records and Archives” and include sections 8A.601
through 8A.616.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
Historical Resources
Sec. 1400. NEW SECTION. 8A.702 Departmental duties —
historical resources.
The duties of the department as it relates to the historical
resources of the state shall include all of the following:
1. Develop a comprehensive, coordinated, and efficient
policy to preserve, research, interpret, and promote to the
public an awareness and understanding of local, state, and
regional history.
2. Administer and care for historical sites under the
authority of the department, and maintain collections within
-900-these buildings.
a. Except for the state board of regents, a state agency
which owns, manages, or administers a historical site must
enter into an agreement with the department under chapter 28E
to ensure the proper management, maintenance, and development
of the site.
b. For the purposes of this section, “historical site”
means any district, site, building, or structure listed on the
national register of historic sites or identified as eligible
for such status by the state historic preservation officer
or that is identified according to established criteria by
the state historic preservation officer as significant in
national, state, and local history, architecture, engineering,
archaeology, or culture.
3. Encourage and assist local, county, and state
organizations and museums devoted to historical purposes.
4. Develop standards and criteria for the acquisition of
historic properties and for the preservation, restoration,
maintenance, operation, and interpretation of properties under
the jurisdiction of the department.
5. Implement tourism-related art and history projects as
directed by the general assembly.
6. Encourage the use of volunteers throughout the
department as it relates to the historical resources of
the state, especially for purposes of restoring books and
manuscripts.
7. Publish matters of historical value to the public.
8. Buy or receive by other means historical materials
including but not limited to artifacts, art, books,
manuscripts, and images. Such materials are not personal
property under sections 8A.321 and 8A.324 and shall be
received and cared for under the rules of the department. The
department may sell or otherwise dispose of those materials
according to the rules of the department and be credited for
any revenues credited by the disposal less the costs incurred.
-901- 9. Administer the historical resource development program
established in section 8A.712.
10. Administer, preserve, and interpret the battle
flag collection assembled by the state in consultation and
coordination with the department of veterans affairs. A
portion of the battle flag collection shall be on display at
the state capitol and the state historical building at all
times, unless on loan approved by the department.
11. Establish, maintain, and administer a digital
collection of historical manuscripts, documents, records,
reports, images, and artifacts and make the collection
available to the public through an online research center.
12. Perform such duties as required under chapter 305B.
Sec. 1401. Section 218.22, Code 2023, is amended to read as
follows:
218.22 Record privileged.
Except with the consent of the administrator in charge
of an institution, or on an order of a court of record, the
record provided in section 218.21 shall be accessible only to
the administrator of the division of the department of human
services in control of such institution, the director of the
department of human services and to assistants and proper
clerks authorized by such administrator or the administrator’s
director. The administrator of the division of such
institution is authorized to permit the division of library
services of the department of education and the historical
division of the department of cultural affairs administrative
services to copy or reproduce by any photographic, photostatic,
microfilm, microcard or other process which accurately
reproduces a durable medium for reproducing the original and
to destroy in the manner described by law such records of
residents designated in section 218.21.
Sec. 1402. Section 303.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state historical society administrator director may:
-902- Sec. 1403. Section 303.5, subsection 1, Code 2023, is
amended to read as follows:
1. Make and sign any agreements and perform any acts which
are necessary, desirable, or proper to carry out the purpose
of the division department as it relates to the historical
resources of the state.
Sec. 1404. Section 303.7, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
303.7 State historical society.
1. As used in this subchapter, “state historical society”
means a membership organization of the department that is open
to members of the general public who are interested in the
history of the state.
2. The state historical society board of trustees shall
recommend to the director rules for membership of the general
public in the state historical society, including rules
relating to membership fees. Members shall be persons who
indicate an interest in the history, progress, and development
of the state and who pay the prescribed fee. The members
of the state historical society may meet at least one time
per year to further the understanding of the history of this
state. The members of the society shall not determine policy
for the department as it relates to the historical resources
of the state but may advise the director and perform functions
to stimulate interest in the history of this state among the
general public. The society may perform other activities
related to history which are not contrary to this subchapter.
3. Unless designated otherwise, an application for
membership in the state historical society, or a gift, bequest,
devise, endowment, or grant to the state historical society or
the department as it relates to the historical resources of the
state shall be presumed to be to or in the department.
4. Notwithstanding section 633.63, the board may enter into
agreements authorizing nonprofit foundations acting solely for
the support of the state historical society or the department
-903-to administer the membership program of the state historical
society and funds of the state historical society or the
department as it relates to the historical resources of the
state.
Sec. 1405. Section 303.8, subsection 1, paragraphs b and c,
Code 2023, are amended to read as follows:
b. Make recommendations to the division administrator
director on historically related matters.
c. Review and recommend to the director or the director’s
designee policy decisions regarding the division department as
it relates to the historical resources of the state.
Sec. 1406. Section 303.8, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 3. The department may:
a. By rule, establish advisory groups necessary for the
receipt of federal funds or grants or the administration of
any of the department’s programs relating to the historical
resources of the state.
b. Develop and implement fee-based educational programming
opportunities, including preschool programs, related to arts,
history, and other cultural matters for Iowans of all ages.
Sec. 1407. Section 303.9, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. All funds received by the department relating to the
historical resources of the state, including but not limited
to gifts, endowments, funds from the sale of memberships in
the state historical society, funds from the sale of mementos
and other items relating to Iowa history as authorized under
subsection 2, interest generated by the life membership
trust fund, and fees, shall be credited to the account of
the department and are appropriated to the department to
be invested or used for programs and purposes under the
authority of the department as it relates to the historical
resources of the state. Interest earned on funds credited to
the department, except funds appropriated to the department
-904-from the general fund of the state, shall be credited to the
department. Section 8.33 does not apply to funds credited to
the department under this section.
3. Notwithstanding section 633.63, the state historical
society board of trustees may authorize nonprofit foundations
acting solely for the support of the state historical society
of Iowa department as it relates to the historical resources of
the state to accept and administer trusts deemed by the board
to be beneficial to the division’s department’s operations
under this subchapter. The board and the foundation may act
as trustees in such instances.
Sec. 1408. Section 303.9A, Code 2023, is amended to read as
follows:
303.9A Iowa heritage fund.
1. An Iowa heritage fund is created in the state treasury
to be administered by the state historical society department.
The fund shall consist of all moneys allocated to the fund by
the treasurer of state.
2. Moneys in the fund shall be used in accordance with the
following:
a. Ninety percent shall be retained by the state historical
society department and used to maintain and expand Iowa’s
history curriculum, to provide teacher training in Iowa
history, and to support museum exhibits, historic sites, and
adult education programs.
b. Five percent shall be retained by the state historical
society department to be used for start-up costs for the one
hundred seventy-fifth and two hundredth anniversaries of Iowa
statehood.
c. Five percent shall be retained by the state historical
society department to be used for the promotion of the sale
of the Iowa heritage registration plate issued under section
321.34.
Sec. 1409. Section 303.10, Code 2023, is amended to read as
follows:
-905- 303.10 Acceptance and use of money grants.
All federal grants to and the federal receipts of the
agencies receiving funds under this chapter subchapter are
appropriated for the purpose set forth in the federal grants
or receipts.
Sec. 1410. Section 303.11, Code 2023, is amended to read as
follows:
303.11 Gifts.
1. The division department may accept gifts and bequests
which shall be used in accordance with the desires of the donor
if expressed. Funds contained in an endowment fund for either
the department of history and archives or the state historical
society existing on July 1, 1974, remain an endowment of the
division department. Gifts shall be accepted only on behalf
of the division department, and gifts to a part, branch, or
section of the division department are presumed to be gifts to
the division department.
2. If publication of a book is financed by the endowment
fund, this chapter subchapter does not prevent the return of
moneys from sales of the book to the endowment fund.
Sec. 1411. Section 303.16, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The historical division department shall administer a
program of grants and loans for historical resource development
throughout the state, subject to funds for such grants and
loans being made available through the appropriations process
or otherwise provided by law.
2. The purpose of the historical resource development
program is to preserve, conserve, interpret, and enhance
historical resources that will encourage and support the
economic and cultural health and development of the state and
the communities in which the resources are located. For this
purpose, the division department may make grants and loans as
otherwise provided by law with funds as may be made available
by applicable law.
-906- Sec. 1412. Section 303.16, subsection 6, paragraphs b, f,
and g, Code 2023, are amended to read as follows:
b. A portion of the applicant’s operating expenses may
be used as a cash match or in-kind match as specified by the
division’s department’s rules.
f. Grants under this program may be given only after review
and recommendation by the state historical society board of
trustees. The division department may contract with lending
institutions chartered in this state to act as agents for the
administration of loans under the program, in which case, the
lending institution may have the right of final approval of
loans, subject to the division’s department’s administrative
rules. If the division department does not contract with
a lending institution, loans may be made only after review
and recommendation by the state historical society board of
trustees.
g. The division department shall not award grants or loans
to be used for goods or services obtained outside the state,
unless the proposed recipient demonstrates that it is neither
feasible nor prudent to obtain the goods or services within the
state.
Sec. 1413. Section 303.16, subsections 8 and 9, Code 2023,
are amended to read as follows:
8. The division department may use ten percent of the annual
appropriation allocation to the division historical resource
grant and loan fund established in this section pursuant
to section 455A.19, but in no event more than seventy-five
thousand dollars, for administration of the grant and loan
program.
9. a. (1) The division department may establish a
historical resource grant and loan fund composed of any
money appropriated by the general assembly for that purpose,
funds allocated pursuant to section 455A.19, and of any other
moneys available to and obtained or accepted by the division
department from the federal government or private sources for
-907-placement in that fund. Each loan made under this section
shall be for a period not to exceed ten years, shall bear
interest at a rate determined by the state historical board,
and shall be repayable to the revolving loan fund in equal
yearly installments due March 1 of each year the loan is in
effect. The interest rate upon loans for which payment is
delinquent shall accelerate immediately to the current legal
usury limit. Applicants are eligible for not more than one
hundred thousand dollars in loans outstanding at any time under
this program. A single lending institution contracting with
the division department pursuant to this section shall not hold
more than five hundred thousand dollars worth of outstanding
loans under the program.
(2) Any applicant, who is otherwise eligible, who receives
a direct or indirect appropriation from the general assembly
for a project or portion of a project is ineligible for a
historical resources development grant for that same project
during the fiscal year for which the appropriation is made.
For purposes of this paragraph, “project” includes any related
activities, including but not limited to construction,
restoration, supplies, equipment, consulting, or other
services.
b. The division department may:
(1) Contract and adopt administrative rules necessary to
carry out the provisions of this section, but the division
department shall not in any manner directly or indirectly
pledge the credit of the state of Iowa.
(2) Authorize payment from the historical resource grant
and loan fund, from fees and from any income received by
investments of money in the fund for costs, commissions,
attorney fees and other reasonable expenses related to
and necessary for making and protecting direct loans under
this section, and for the recovery of moneys loaned or the
management of property acquired in connection with such loans.
Sec. 1414. Section 303.16, subsection 10, paragraph b, Code
-908-2023, is amended to read as follows:
b. A country schools historical resource preservation
grant program is therefore established to be administered by
the historical division department for the preservation of
one-room and two-room buildings once used as country schools.
In developing grant approval criteria, the division department
shall place a priority on the educational uses planned for the
country school building, which may include, but are not limited
to, historical interpretation and use as a teaching museum or
as an operational classroom accessible to a school district
or accredited nonpublic school for provisional instructional
purposes.
Sec. 1415. Section 305B.5, Code 2023, is amended to read as
follows:
305B.5 Notice of injury or loss.
A museum shall give a lender or claimant prompt notice of
any known injury to or loss of property on loan on a form for
notice of injury loss adopted by rule by the department of
administrative services. The department of cultural affairs
shall adopt by rule a form for notice of injury or loss, no
later than January 1, 1989, and shall distribute the rule
and form to all identified museums in Iowa within sixty days
after adoption of the rule. The notice shall be mailed to the
lender’s or claimant’s last known address in event of injury
or loss of property on loan to the museum. Published notice of
injury or loss of undocumented property shall not be required.
Sec. 1416. Section 305B.8, subsection 3, Code 2023, is
amended to read as follows:
3. The department of cultural affairs administrative
services shall adopt by rule a form for notice of intent to
preserve an interest in property on loan to a museum. The
form shall satisfy the requirements of subsection 1 and shall
notify the claimant of the rights and procedures to preserve an
interest in museum property. The form shall also facilitate
recordkeeping and record retrieval by a museum. At a minimum
-909-the form shall provide a place for recording evidence of
receipt of a notice by a museum, including the date of receipt,
signature of the person receiving the notice, and the date on
which a copy of the receipt is returned to the claimant.
Sec. 1417. Section 305B.11, subsection 2, Code 2023, is
amended to read as follows:
2. The department of cultural affairs administrative
services may by rule determine the minimum form and substance
of recordkeeping by museums with regard to museum property to
implement this chapter.
Sec. 1418. Section 321.34, subsection 25, paragraph b, Code
2023, is amended to read as follows:
b. An owner referred to in subsection 12, upon written
application to the department, may order special registration
plates with a civil war sesquicentennial processed emblem. The
special plate fees collected by the director under subsection
12, paragraphs “a” and “c”, from the issuance and annual
validation of letter-number designated and personalized civil
war sesquicentennial plates shall be paid monthly to the
treasurer of state and deposited in the road use tax fund. The
treasurer of state shall transfer monthly from the statutory
allocations fund created under section 321.145, subsection 2,
to the department of cultural affairs administrative services
the amount of the special fees collected under subsection
12, paragraph “a”, in the previous month for civil war
sesquicentennial plates, and such funds are appropriated to the
department of cultural affairs administrative services to be
used for the Iowa battle flag project.
Sec. 1419. Section 423.3, subsection 34, Code 2023, is
amended to read as follows:
34. The sales price from sales of mementos and other items
relating to Iowa history and historic sites by the department
of cultural affairs administrative services on the premises of
property under its control and at the state capitol.
Sec. 1420. Section 427.16, subsection 7, paragraph b, Code
-910-2023, is amended to read as follows:
b. A historical site as defined in section 303.2 8A.702.
Sec. 1421. Section 455A.19, subsection 1, paragraph f, Code
2023, is amended to read as follows:
f. Five percent shall be allocated to the historical
resource grant and loan fund established pursuant to section
303.16. The department of cultural affairs administrative
services shall use the moneys allocated to this fund to
implement historical resource development programs as provided
under section 303.16.
Sec. 1422. Section 904.601, subsection 1, Code 2023, is
amended to read as follows:
1. The director shall keep the following record
of every person committed to any of the department’s
institutions: Name, residence, sex, age, place of birth,
occupation, civil condition, date of entrance or commitment,
date of discharge, whether a discharge is final, condition of
the person when discharged, the name of the institutions from
which and to which the person has been transferred, and if the
person is dead, the date and cause of death. The director may
permit the division of library services of the department of
education and the historical division of the department of
cultural affairs administrative services to copy or reproduce
by any photographic, photostatic, microfilm, microcard, or
other process which accurately reproduces in a durable medium
and to destroy in the manner described by law the records of
inmates required by this paragraph.
Sec. 1423. 2012 Iowa Acts, chapter 1136, section 27,
subsection 1, is amended to read as follows:
1. A battle flag restoration fund is created and established
as a separate and distinct fund in the state treasury under the
control of the department of cultural affairs administrative
services. The moneys in the fund are appropriated to the
department for purposes of continuing the project recommended
by the Iowa battle flag advisory committee to stabilize the
-911-condition of the battle flag collection. Moneys in the fund
shall not be subject to appropriation for any other purpose by
the general assembly, but shall be used only for the purposes
of the battle flag restoration fund.
Sec. 1424. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
1. The Code editor is directed to make the following
transfers:
a. Section 303.4 to section 8A.703.
b. Section 303.5 to section 8A.704.
c. Section 303.6 to section 8A.705.
d. Section 303.7 to section 8A.706.
e. Section 303.8 to section 8A.707.
f. Section 303.9 to section 8A.708.
g. Section 303.9A to section 8A.709.
h. Section 303.10 to section 8A.710.
i. Section 303.11 to section 8A.711.
j. Section 303.16 to section 8A.712.
2.The Code editor is directed to create a new subchapter
VII in chapter 8A as follows:Subchapter VII shall be entitled
“Historical Resources” and include sections 8A.702 through
8A.712.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
DIVISION III
DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
organization — general provisions
Sec. 1425. Section 7E.5, subsection 1, paragraphs d and h,
Code 2023, are amended to read as follows:
d. The department of inspections, and appeals, and
licensing, created in section 10A.102, which has primary
responsibility for licensing, administering the laws
relating to employment safety, labor standards, and workers’
compensation, and coordinating the conducting of various
inspections, investigations, appeals, hearings, and audits.
-912- h. The department of workforce development, created
in section 84A.1, which has primary responsibility for
administering the laws relating to unemployment compensation
insurance, job placement and training, employment safety, labor
standards, workers’ compensation, and related matters.
Sec. 1426. Section 10A.101, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the department of inspections, and
appeals, and licensing.
3. “Director” means the director of inspections, and
appeals, and licensing.
Sec. 1427. Section 10A.102, Code 2023, is amended to read
as follows:
10A.102 Department established.
The department of inspections, and appeals, and licensing is
established. The director of the department shall be appointed
by the governor to serve at the pleasure of the governor
subject to confirmation by the senate no less frequently than
every four years, whether or not there has been a new director
appointed during that time. If the office becomes vacant, the
vacancy shall be filled in the same manner as provided for the
original appointment.
Sec. 1428. Section 10A.103, Code 2023, is amended to read
as follows:
10A.103 Purpose of the department.
The department is created for the purpose of coordinating
and conducting various audits, appeals, hearings, inspections,
and investigations, and licensing activities related to the
operations of the executive branch of state government, and
administering the laws relating to employment safety, labor
standards, and workers’ compensation.
Sec. 1429. Section 10A.104, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. Appoint the administrators of the divisions within
the department and all other personnel deemed necessary for
-913-the administration of this chapter, except the state public
defender, assistant state public defenders, administrator
of the racing and gaming commission, labor commissioner,
workers’ compensation commissioner, director of the Iowa
state civil rights commission, and members of the employment
appeal board, and administrator of the child advocacy board
created in section 237.16. All persons appointed and employed
in the department are covered by the provisions of chapter
8A, subchapter IV, but persons not appointed by the director
are exempt from the merit system provisions of chapter 8A,
subchapter IV.
5. Adopt Except for rules required or authorized by law
to be adopted by another entity, adopt rules deemed necessary
for the implementation and administration of this chapter in
accordance with chapter 17A.
Sec. 1430. Section 10A.104, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 15. To adopt rules, in consultation with
the state fire marshal, designating a fee to be assessed
to each building, structure, or facility for which a fire
safety inspection or plan review is required by law. The fee
designated by rule shall be set in an amount that is reasonably
related to the costs of conducting the applicable inspection
or plan review. The fees collected shall be deposited in the
general fund of the state.
NEW SUBSECTION. 16. Serve as the state building code
commissioner pursuant to section 103A.4 and administer chapters
101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
NEW SUBSECTION. 17. Establish, publish, and enforce
rules not inconsistent with law for the enforcement of those
provisions of Title IV, subtitle 2, the administration and
supervision of which are imposed upon the department.
NEW SUBSECTION. 18. Enforce the law relative to
“Health-related Professions”, Title IV, subtitle 3, excluding
chapter 147A.
-914- NEW SUBSECTION. 19. Regulate and supervise real estate
appraisers under chapter 543D and real estate appraisal
management companies under chapter 543E.
Sec. 1431. Section 10A.106, Code 2023, is amended to read
as follows:
10A.106 Divisions of the department.
1. The department is comprised of the following divisions:
a. Administrative administrative hearings division.
b. Investigations, labor services division.
c. Health facilities, workers’ compensation division, and
other divisions as appropriate.
2. The allocation of departmental duties to the divisions of
the department in sections 10A.402, 10A.702, sections 10A.202,
10A.301, and 10A.801 does not prohibit the director from
reallocating departmental duties within the department.
Sec. 1432. NEW SECTION. 10A.109 Statutory board,
commission, committee, or council — teleconference option.
Any statutorily established board, commission, committee,
or council established under the purview of the department
relative to “Health-related Professions”, Title IV, subtitle
3, excluding chapter 147A, shall provide for a teleconference
option for board, commission, committee, or council members to
participate in official meetings.
Sec. 1433. Section 10A.402, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director shall coordinate the division’s
department’s conduct of various audits and investigations as
provided by law including but not limited to the following:
Sec. 1434. Section 10A.403, Code 2023, is amended to read
as follows:
10A.403 Investigators — peace officer status.
Investigators of the division department shall have the
powers and authority of peace officers when acting within the
scope of their responsibilities to conduct investigations as
specified in section 10A.402, subsection 5. An investigator
-915-shall not carry a weapon to perform responsibilities as
described in this section.
Sec. 1435. Section 10A.601, subsection 1, Code 2023, is
amended to read as follows:
1. A full-time employment appeal board is created within the
department of inspections, and appeals, and licensing, to hear
and decide contested cases under chapter 8A, subchapter IV, and
chapters 80, 88, 91C, 96, and 97B.
Sec. 1436. Section 10A.702, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director shall coordinate the division’s
department’s conduct of various inspections and investigations
as otherwise provided by law including, but not limited to, all
of the following:
Sec. 1437. Section 10A.702, subsection 2, Code 2023, is
amended to read as follows:
2. Inspections and other licensing procedures relative to
the hospice program, hospitals, and health care facilities.
The division department is designated as the sole licensing
authority for these programs and facilities.
Sec. 1438. Section 10A.801, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
For purposes of this article subchapter, unless the context
otherwise requires:
Sec. 1439. Section 10A.801, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. “Division” means the administrative hearings division of
the department of inspections, and appeals, and licensing.
Sec. 1440. Section 84A.1, subsection 3, Code 2023, is
amended to read as follows:
3. a. The director of the department of workforce
development shall, subject to the requirements of section
84A.1B, prepare, administer, and control the budget of the
department and its divisions and shall approve the employment
of all personnel of the department and its divisions.
-916- b. The director of the department of workforce development
shall direct the administrative and compliance functions and
control the docket of the division of workers’ compensation.
Sec. 1441. Section 84A.5, subsections 4 and 5, Code 2023,
are amended by striking the subsections.
Sec. 1442. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
are repealed.
Sec. 1443. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 135.61 to section 10A.711.
b. Section 135.62 to section 10A.712.
c. Section 135.63 to section 10A.713.
d. Section 135.64 to section 10A.714.
e. Section 135.65 to section 10A.715.
f. Section 135.66 to section 10A.716.
g. Section 135.67 to section 10A.717.
h. Section 135.68 to section 10A.718.
i. Section 135.69 to section 10A.719.
j. Section 135.70 to section 10A.720.
k. Section 135.71 to section 10A.721.
l. Section 135.72 to section 10A.722.
m. Section 135.73 to section 10A.723.
n. Section 135.74 to section 10A.724.
o. Section 135.75 to section 10A.725.
p. Section 135.76 to section 10A.726.
q. Section 135.78 to section 10A.727.
r. Section 135.79 to section 10A.728.
s. Section 135.83 to section 10A.729.
2. The Code editor is directed to rename and retitle article
I of chapter 10A as follows:
Subchapter I GENERAL PROVISIONS
3. The Code editor is directed to rename and retitle article
IV of chapter 10A as follows:
Subchapter IV INVESTIGATIONS
-917- 4. The Code editor is directed to rename article VI of
chapter 10A as subchapter VI.
5. The Code editor is directed to rename and retitle article
VII of chapter 10A and designate parts as follows:
a. Subchapter VII shall be entitled HEALTH FACILITIES and
include sections 10A.702 through 10A.729.
b. Subchapter VII, part 1, shall be entitled GENERAL
PROVISIONS and include section 10A.702.
c. Subchapter VII, part 2, shall be entitled HEALTH
FACILITIES COUNCIL and include sections 10A.711 through
10A.729.
6. The Code editor is directed to rename article VIII of
chapter 10A as subchapter VIII.
7. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
LABOR SERVICES
Sec. 1444. NEW SECTION. 10A.200 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Commissioner” means the labor commissioner appointed
pursuant to section 10A.203, or the commissioner’s designee.
2. “Division” means the division of labor services of the
department of inspections, appeals, and licensing.
Sec. 1445. NEW SECTION. 10A.202 Labor services —
responsibilities.
1. The division is responsible for the administration of
the laws of this state under chapters 88 and 89B and sections
85.67A and 85.68, and such other duties assigned to the
division or commissioner. The executive head of the division
is the commissioner, appointed pursuant to section 10A.203.
2. The department is responsible for the administration of
the laws of this state under chapters 88A, 88B, 89, 89A, 90A,
91A, 91C, 91D, 91E, 92, and such other labor-services duties
assigned to the department or director.
-918- Sec. 1446. Section 73A.21, subsection 1, paragraphs a and b,
Code 2023, are amended by striking the paragraphs.
Sec. 1447. Section 73A.21, subsections 5, 6, 8, and 9, Code
2023, are amended to read as follows:
5. The commissioner director and the division department
shall administer and enforce this section, and the commissioner
director shall adopt rules for the administration and
enforcement of this section as provided in section 91.6.
6. The commissioner director shall have the following
powers and duties for the purposes of this section:
a. The commissioner director may hold hearings and
investigate charges of violations of this section.
b. The commissioner director may, consistent with due
process of law, enter any place of employment to inspect
records concerning labor force residency, to question
an employer or employee, and to investigate such facts,
conditions, or matters as are deemed appropriate in determining
whether any person has violated the provisions of this section.
The commissioner director shall only make such an entry in
response to a written complaint.
c. The commissioner director shall develop a written
complaint form applicable to this section and make it available
in division department offices and on the department of
workforce development’s department’s internet site.
d. The commissioner director may sue for injunctive relief
against the awarding of a contract, the undertaking of a public
improvement, or the continuation of a public improvement in
response to a violation of this section.
e. The commissioner director may investigate and ascertain
the residency of a worker engaged in any public improvement in
this state.
f. The commissioner director may administer oaths, take
or cause to be taken deposition of witnesses, and require
by subpoena the attendance and testimony of witnesses and
the production of all books, registers, payrolls, and other
-919-evidence relevant to a matter under investigation or hearing.
g. The commissioner director may employ qualified personnel
as are necessary for the enforcement of this section. Such
personnel shall be employed pursuant to the merit system
provisions of chapter 8A, subchapter IV.
h. The commissioner director shall require a contractor or
subcontractor to file, within ten days of receipt of a request,
any records enumerated in subsection 7. If the contractor or
subcontractor fails to provide the requested records within ten
days, the commissioner director may direct, within fifteen days
after the end of the ten-day period, the fiscal or financial
office charged with the custody and disbursement of funds of
the public body that contracted for construction of the public
improvement or undertook the public improvement, to immediately
withhold from payment to the contractor or subcontractor
up to twenty-five percent of the amount to be paid to the
contractor or subcontractor under the terms of the contract
or written instrument under which the public improvement is
being performed. The amount withheld shall be immediately
released upon receipt by the public body of a notice from
the commissioner indicating that the request for records as
required by this section has been satisfied.
8. Any person or entity that violates the provisions of
this section is subject to a civil penalty in an amount not
to exceed one thousand dollars for each violation found in
a first investigation by the division department, not to
exceed five thousand dollars for each violation found in a
second investigation by the division department, and not to
exceed fifteen thousand dollars for a third or subsequent
violation found in any subsequent investigation by the division
department. Each violation of this section for each worker and
for each day the violation continues constitutes a separate and
distinct violation. In determining the amount of the penalty,
the division department shall consider the appropriateness of
the penalty to the person or entity charged, upon determination
-920-of the gravity of the violations. The collection of these
penalties shall be enforced in a civil action brought by the
attorney general on behalf of the division department.
9. A party seeking review of the division’s department’s
determination pursuant to this section may file a written
request for an informal conference. The request must be
received by the division department within fifteen days
after the date of issuance of the division’s department’s
determination. During the conference, the party seeking
review may present written or oral information and arguments
as to why the division’s department’s determination should be
amended or vacated. The division department shall consider
the information and arguments presented and issue a written
decision advising all parties of the outcome of the conference.
Sec. 1448. Section 91.2, Code 2023, is amended to read as
follows:
91.2 Appointment Labor commissioner — appointment.
The governor shall appoint, subject to confirmation by the
senate, a labor commissioner who shall serve for a period of
six years beginning and ending as provided in section 69.19 at
the pleasure of the governor. If the office becomes vacant,
the vacancy shall be filled in the same manner as provided for
the original appointment.
Sec. 1449. Section 91.4, Code 2023, is amended to read as
follows:
91.4 Duties and powers — labor services.
1. The duties of said the commissioner or director, as
applicable, pursuant to this subchapter shall be as follows:
a. To safely keep all records, papers, documents,
correspondence, and other property pertaining to or coming into
the commissioner’s or director’s hands by virtue of the office,
and deliver the same to the commissioner’s or director’s
successor, except as otherwise provided.
b. To collect, assort, and systematize statistical details
relating to programs of the division of labor services or
-921-department under this subchapter.
c. To issue from time to time bulletins containing
information of importance to the industries of the state and
to the safety of wage earners.
d. To conduct and to cooperate with other interested persons
and organizations in conducting educational programs and
projects on employment safety.
e. 2. To The commissioner shall serve as an ex officio
member of the state fire service and emergency response council
created in section 100B.1, or shall appoint a designee to serve
as an ex officio member of such council, to assist the council
in the development of rules relating to fire fighting training
standards and any other issues relating to occupational safety
and health standards for fire fighters.
2. 3. The director of the department of workforce
development, in consultation with the labor commissioner,
shall, at the time provided by law, make an annual report to
the governor setting forth in appropriate form the business and
expense of the division of labor services and department under
this subchapter for the preceding year, the number of remedial
actions taken under chapter 89A, the number of disputes or
violations processed by the division or department and the
disposition of the disputes or violations, and other matters
pertaining to the division or department under this subchapter
which are of public interest, together with recommendations for
change or amendment of the laws in this chapter and chapters
88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
92, and 94A, and section sections 85.67A, and 85.68, and the
recommendations, if any, shall be transmitted by the governor
to the first general assembly in session after the report is
filed.
3. 4. The commissioner or director, as applicable, with the
assistance of the office of the attorney general if requested
by the commissioner or director, may commence a civil action
in any court of competent jurisdiction to enforce the statutes
-922-under the commissioner’s or director’s jurisdiction under this
subchapter.
4. 5. The division of labor services or department, as
applicable, may sell documents printed by the division or
department as it relates to this subchapter at cost according
to rules established by the labor commissioner or director
pursuant to chapter 17A. Receipts from the sale shall be
deposited to the credit of the division department and may
be used by the division for administrative expenses of the
division and department under this subchapter.
5. 6. Except as provided in chapter 91A, the commissioner
or director, as applicable, may recover interest, court costs,
and any attorney fees incurred in recovering any amounts due
under this subchapter. The recovery shall only take place
after final agency action is taken under chapter 17A, or upon
judicial review, after final disposition of the case by the
court. Attorney fees recovered in an action brought under
the jurisdiction of the commissioner or director under this
subchapter shall be deposited in the general fund of the state.
The commissioner is and director are exempt from the payment of
any filing fee or other court costs including but not limited
to fees paid to county sheriffs.
6. 7. The commissioner or director may establish rules
pursuant to chapter 17A to assess and collect interest on fees,
penalties, and other amounts due the division or department,
as applicable, under this subchapter. The commissioner or
director may delay or, following written notice, deny the
issuance of a license, commission, registration, certificate,
or permit authorized under chapter 88A, 89, 89A, 90A, or
91C, or 94A if the applicant for the license, commission,
registration, certificate, or permit owes a liquidated debt to
the commissioner or director.
Sec. 1450. Section 91.5, Code 2023, is amended to read as
follows:
91.5 Other duties — jurisdiction in general.
-923- The As provided by this subchapter, the commissioner
or director shall have jurisdiction and it shall be the
commissioner’s or director’s duty to supervise the enforcement
of:
1. All laws relating to safety appliances and inspection
thereof and health conditions in manufacturing and mercantile
establishments, workshops, machine shops, other industrial
concerns within the commissioner’s jurisdiction and sanitation
and shelter for railway employees.
2. All laws of the state relating to child labor.
3. All laws relating to employment agencies.
4. Such other provisions of law as are now or shall
hereafter be relating to this subchapter within the
commissioner’s or director’s jurisdiction.
Sec. 1451. Section 91.6, Code 2023, is amended to read as
follows:
91.6 Rules Labor commissioner — rules.
The commissioner shall adopt rules pursuant to chapter 17A
for the purpose of administering this chapter and all other
chapters under the commissioner’s jurisdiction as provided in
section 10A.202, subsection 1.
Sec. 1452. Section 91.8, Code 2023, is amended to read as
follows:
91.8 Traveling expenses.
The director, commissioner, inspectors, and other employees
of the office division or department shall be allowed their
necessary traveling expenses while in the discharge of their
duties under this subchapter.
Sec. 1453. Section 91.9, Code 2023, is amended to read as
follows:
91.9 Right to enter premises.
The labor director, commissioner, and the inspectors shall
have the power to enter any factory or mill, workshop, mine,
store, railway facility, including locomotive or caboose,
business house, or public or private work, when the same is
-924-open or in operation, for the purpose of gathering facts and
statistics such as are contemplated by this chapter subchapter,
and to examine into the methods of protection from danger to
employees, and the sanitary conditions in and around such
buildings and places, and make a record thereof.
Sec. 1454. Section 91.10, Code 2023, is amended to read as
follows:
91.10 Power to secure evidence.
The labor director or commissioner, or the commissioner’s
designee as applicable, may issue subpoenas, administer
oaths, and take testimony in all matters relating to the
duties required of them the director or commissioner under
this subchapter. Witnesses subpoenaed and testifying before
the director or commissioner or the commissioner’s designee
shall be paid the same fees as witnesses under section 622.69,
payment to be made out of the funds appropriated to the
department or division of labor services, as applicable.
Sec. 1455. Section 91.11, Code 2023, is amended to read as
follows:
91.11 Prosecutions for violations — labor services.
1. If the director or commissioner learns of any violation
of any law administered by the department or division under
this subchapter, the director or commissioner may give the
county attorney of the county in which the violation occurred
written notice of the facts, whereupon that officer shall
institute the proper proceedings against the person charged
with the offense.
2. If the director or commissioner is of the opinion
that the violation is not willful, or is an oversight or of
a trivial nature, the director or commissioner may at the
director’s or commissioner’s discretion fix a time within
which the violation shall be corrected and notify the owner,
operator, superintendent, or person in charge. If the
violation is corrected within the time fixed, then the director
or commissioner shall not cause prosecution to be begun.
-925- Sec. 1456. Section 91.15, Code 2023, is amended to read as
follows:
91.15 Definition of additional terms.
The expressions “factory”, “mill”, “workshop”, “mine”,
“store”, “railway”, “business house”, and “public or private
work”, as used in this chapter subchapter, shall be construed
to mean any factory, mill, workshop, mine, store, railway,
business house, or public or private work, where wage earners
are employed for a compensation.
Sec. 1457. Section 91.16, Code 2023, is amended to read as
follows:
91.16 Violations — penalties.
Persons violating any of the provisions of this chapter
subchapter shall be punished as in this section provided,
respectively:
1. Any owner, superintendent, manager, or person in charge
of any factory, mill, workshop, store, mine, hotel, restaurant,
cafe, railway, business house, or public or private work, who
shall refuse to allow the labor director, commissioner, or any
inspector or employee of the department or division of labor
services to enter the same, or who shall hinder or deter the
director, commissioner, inspector, or employee in collecting
information which it is that person’s duty to collect shall be
guilty of a simple misdemeanor.
2. Any officer or employee of the department or division
of labor services, or any person making unlawful use of names
or information obtained under this subchapter by virtue of the
person’s office, shall be guilty of a serious misdemeanor.
3. Any owner, operator, or manager of a factory, mill,
workshop, mine, store, railway, business house, or public or
private work, who shall neglect or refuse for thirty days
after receipt of notice from the director or commissioner to
furnish any reports or returns the director or commissioner may
require to enable the director or commissioner to discharge the
director’s or commissioner’s duties under this subchapter shall
-926-be guilty of a simple misdemeanor.
Sec. 1458. REPEAL. Section 91.1, Code 2023, is repealed.
Sec. 1459. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 91.2 to section 10A.203.
b. Section 91.4 to section 10A.204.
c. Section 91.5 to section 10A.205.
d. Section 91.6 to section 10A.206.
e. Section 91.8 to section 10A.207.
f. Section 91.9 to section 10A.208.
g. Section 91.10 to section 10A.209.
h. Section 91.11 to section 10A.210.
i. Section 91.15 to section 10A.201.
j. Section 91.16 to section 10A.211.
k. Section 73A.21 to section 8A.311B.
2.The Code editor is directed to rename article II in
chapter 10A as follows:
Article II shall be subchapter II and shall be entitled
“Labor Services” and include sections 10A.200 through 10A.211.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
WORKERS’ COMPENSATION
Sec. 1460. NEW SECTION. 10A.301 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Commissioner” means the workers’ compensation
commissioner appointed pursuant to section 86.1, or the
commissioner’s designee.
2. “Division” means the division of workers’ compensation of
the department of inspections, appeals, and licensing.
Sec. 1461. NEW SECTION. 10A.302 Workers’ compensation —
responsibilities.
The division is responsible for the administration of the
-927-laws of this state relating to workers’ compensation under this
subchapter and chapters 85, 85A, 85B, and 87. The executive
head of the division is the workers’ compensation commissioner,
appointed pursuant to section 86.1.
Sec. 1462. Section 86.1, Code 2023, is amended to read as
follows:
86.1 Workers’ compensation commissioner — term appointment.
The governor shall appoint, subject to confirmation by the
senate, a workers’ compensation commissioner whose term of
office who shall be six years beginning and ending as provided
in section 69.19 serve at the pleasure of the governor. The
workers’ compensation commissioner shall maintain an office
at the seat of government. If the office becomes vacant, the
vacancy shall be filled in the same manner as provided for the
original appointment. The workers’ compensation commissioner
must be a lawyer admitted to practice in this state.
Sec. 1463. Section 86.7, Code 2023, is amended to read as
follows:
86.7 Interest in affected business.
It shall be unlawful for the commissioner to be financially
interested in any business enterprise coming under or affected
by this chapter subchapter during the commissioner’s term of
office, and if the commissioner violates this statute, it shall
be sufficient grounds for removal from office, and in such
case the governor shall at once declare the office vacant and
appoint another to fill the vacancy.
Sec. 1464. Section 86.8, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Adopt and enforce rules necessary to implement this
chapter subchapter and chapters 85, 85A, 85B, and 87.
Sec. 1465. Section 86.9, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. The director of the department of workforce development,
in consultation with the commissioner, shall, at the time
provided by law, make an annual report to the governor setting
-928-forth in appropriate form the business and expense of the
division of workers’ compensation for the preceding year, the
number of claims processed by the division and the disposition
of the claims, and other matters pertaining to the division
which are of public interest, together with recommendations
for change or amendment of the laws in this chapter subchapter
and chapters 85, 85A, 85B, and 87, and the recommendations, if
any, shall be transmitted by the governor to the first general
assembly in session after the report is filed.
2. The commissioner, after consultation with the director
of the department of workforce development, may compile an
annual report setting forth the final decisions, rulings, and
orders of the division for the preceding year and setting forth
other matters or information which the commissioner considers
desirable for publication.
Sec. 1466. Section 86.13, subsection 1, Code 2023, is
amended to read as follows:
1. If an employer or insurance carrier pays weekly
compensation benefits to an employee, the employer or insurance
carrier shall file with the workers’ compensation commissioner
in the form and manner required by the workers’ compensation
commissioner a notice of the commencement of the payments.
The payments establish conclusively that the employer and
insurance carrier have notice of the injury for which benefits
are claimed but the payments do not constitute an admission of
liability under this chapter subchapter or chapter 85, 85A, or
85B.
Sec. 1467. Section 86.13, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. If a denial, a delay in payment, or a termination of
benefits occurs without reasonable or probable cause or excuse
known to the employer or insurance carrier at the time of
the denial, delay in payment, or termination of benefits,
the workers’ compensation commissioner shall award benefits
in addition to those benefits payable under this chapter
-929- subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
the amount of benefits that were denied, delayed, or terminated
without reasonable or probable cause or excuse.
Sec. 1468. Section 86.17, Code 2023, is amended to read as
follows:
86.17 Hearings — presiding officer — venue.
1. Notwithstanding the provisions of section 17A.11,
the workers’ compensation commissioner or a deputy workers’
compensation commissioner shall preside over any contested case
proceeding brought under this chapter subchapter, or chapter
85, 85A, or 85B in the manner provided by chapter 17A. The
deputy commissioner or the commissioner may make such inquiries
in contested case proceedings as shall be deemed necessary, so
long as such inquiries do not violate any of the provisions of
section 17A.17.
2. Hearings in contested case proceedings under this
subchapter and chapters 85, and 85A and this chapter shall be
held in the judicial district where the injury occurred. By
written stipulation of the parties or by the order of a deputy
workers’ compensation commissioner or the commissioner, a
hearing may be held elsewhere. If the injury occurred outside
this state, or if the proceeding is not one for benefits
resulting from an injury, hearings shall be held in Polk county
or as otherwise stipulated by the parties or by order of a
deputy workers’ compensation commissioner or the workers’
compensation commissioner.
Sec. 1469. Section 86.18, subsection 1, Code 2023, is
amended to read as follows:
1. Evidence, process and procedure in contested case
proceedings or appeal proceedings within the agency under this
chapter, subchapter and chapters 85 and 85A shall be as summary
as practicable consistent with the requirements of chapter 17A.
Sec. 1470. Section 86.19, subsection 1, Code 2023, is
amended to read as follows:
1. The workers’ compensation commissioner, or a deputy
-930-commissioner, may appoint or may direct a party to furnish at
the party’s initial expense a certified shorthand reporter
to be present and report, or to furnish mechanical means
to record, and if necessary, transcribe proceedings of any
contested case under this chapter, subchapter and chapters 85
and 85A and fix the reasonable amount of compensation for such
service. The charges shall be taxed as costs and the party
initially paying the expense of the presence or transcription
shall be reimbursed. The reporter shall faithfully and
accurately report the proceedings.
Sec. 1471. Section 86.24, subsection 1, Code 2023, is
amended to read as follows:
1. Any party aggrieved by a decision, order, ruling, finding
or other act of a deputy commissioner in a contested case
proceeding arising under this chapter subchapter or chapter 85
or 85A may appeal to the workers’ compensation commissioner
in the time and manner provided by rule. The hearing on an
appeal shall be in Polk county unless the workers’ compensation
commissioner shall direct the hearing be held elsewhere.
Sec. 1472. Section 86.26, subsection 1, Code 2023, is
amended to read as follows:
1. Judicial review of decisions or orders of the workers’
compensation commissioner may be sought in accordance
with chapter 17A. Notwithstanding chapter 17A, the Iowa
administrative procedure Act, petitions for judicial review
may be filed in the district court of the county in which the
hearing under section 86.17 was held, the workers’ compensation
commissioner shall transmit to the reviewing court the original
or a certified copy of the entire record of the contested case
which is the subject of the petition within thirty days after
receiving written notice from the party filing the petition
that a petition for judicial review has been filed, and an
application for stay of agency action during the pendency of
judicial review shall not be filed in the division of workers’
compensation of the department of workforce development
-931- but shall be filed with the district court. Such a review
proceeding shall be accorded priority over other matters
pending before the district court.
Sec. 1473. Section 86.29, Code 2023, is amended to read as
follows:
86.29 The judicial review petition.
Notwithstanding chapter 17A, the Iowa administrative
procedure Act, in a petition for judicial review of a decision
of the workers’ compensation commissioner in a contested case
under this chapter subchapter or chapter 85, 85A, 85B, or 87,
the opposing party shall be named the respondent, and the
agency shall not be named as a respondent.
Sec. 1474. Section 86.39, Code 2023, is amended to read as
follows:
86.39 Fees — approval.
1. All fees or claims for legal, medical, hospital, and
burial services rendered under this chapter subchapter and
chapters 85, 85A, 85B, and 87 are subject to the approval of
the workers’ compensation commissioner. For services rendered
in the district court and appellate courts, the attorney fee is
subject to the approval of a judge of the district court.
2. An attorney shall not recover fees for legal services
based on the amount of compensation voluntarily paid or agreed
to be paid to an employee for temporary or permanent disability
under this chapter subchapter, or chapter 85, 85A, 85B, or
87. An attorney shall only recover a fee based on the amount
of compensation that the attorney demonstrates would not have
been paid to the employee but for the efforts of the attorney.
Any disputes over the recovery of attorney fees under this
subsection shall be resolved by the workers’ compensation
commissioner.
Sec. 1475. Section 86.43, Code 2023, is amended to read as
follows:
86.43 Judgment — modification.
Upon the presentation to the court of a file-stamped copy
-932-of a decision of the workers’ compensation commissioner,
ending, diminishing, or increasing the compensation under the
provisions of this chapter subchapter, the court shall revoke
or modify the decree or judgment to conform to such decision.
Sec. 1476. Section 86.44, Code 2023, is amended to read as
follows:
86.44 Confidentiality.
1. All verbal or written information relating to the subject
matter of an agreement and transmitted between any party to
a dispute and a mediator to resolve a dispute pursuant to
this chapter subchapter or chapter 85, 85A, or 85B, during
any stage of a mediation or a dispute resolution process
conducted by a mediator as provided in this section, whether
reflected in notes, memoranda, or other work products in the
case files, is a confidential communication except as otherwise
expressly provided in this chapter. Mediators involved in
a mediation or a dispute resolution process shall not be
examined in any judicial or administrative proceeding regarding
confidential communications and are not subject to judicial or
administrative process requiring the disclosure of confidential
communications.
2. For purposes of this section, “mediator” means a chief
deputy workers’ compensation commissioner or deputy workers’
compensation commissioner acting in the capacity to resolve a
dispute pursuant to this chapter subchapter or chapter 85, 85A,
or 85B, or an employee of the division of workers’ compensation
involved during any stage of a process to resolve a dispute.
Sec. 1477. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 86.1 to section 10A.303.
b. Section 86.2 to section 10A.304.
c. Section 86.3 to section 10A.305.
d. Section 86.4 to section 10A.306.
e. Section 86.5 to section 10A.307.
-933- f. Section 86.6 to section 10A.308.
g. Section 86.7 to section 10A.309.
h. Section 86.8 to section 10A.310.
i. Section 86.9 to section 10A.311.
j. Section 86.10 to section 10A.312.
k. Section 86.11 to section 10A.313.
l. Section 86.12 to section 10A.314.
m. Section 86.13 to section 10A.315.
n. Section 86.13A to section 10A.316.
o. Section 86.14 to section 10A.317.
p. Section 86.17 to section 10A.318.
q. Section 86.18 to section 10A.319.
r. Section 86.19 to section 10A.320.
s. Section 86.24 to section 10A.321.
t. Section 86.26 to section 10A.322.
u. Section 86.27 to section 10A.323.
v. Section 86.29 to section 10A.324.
w. Section 86.32 to section 10A.325.
x. Section 86.38 to section 10A.326.
y. Section 86.39 to section 10A.327.
z. Section 86.40 to section 10A.328.
aa. Section 86.41 to section 10A.329.
ab. Section 86.42 to section 10A.330.
ac. Section 86.43 to section 10A.331.
ad. Section 86.44 to section 10A.332.
ae. Section 86.45 to section 10A.333.
2.The Code editor is directed to rename article III in
chapter 10A as follows:
Article III shall be subchapter III and shall be entitled
“Workers’ Compensation” and include sections 10A.301 through
10A.333.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
LICENSING AND REGULATION ACTIVITIES
-934- Sec. 1478. NEW SECTION. 10A.502 Responsibilities.
The director shall coordinate the department’s conduct of
various licensing and regulatory functions of the state under
the administrative authority of the department including but
not limited to all of the following:
1. Licensing and regulation of certain fire control and
building code-related activities and professions.
2. Licensing and regulation of certain health-related
professions.
3. Licensing and regulation of certain business and
commerce-related professions.
Sec. 1479. NEW SECTION. 10A.511 Fire control duties.
The duties of the director as it relates to fire control
shall be as follows:
1. To enforce all laws, and the rules and regulations of the
department concerned with all of the following:
a. The prevention of fires.
b. The storage, transportation, handling, and use of
flammable liquids, combustibles, fireworks, and explosives.
c. The storage, transportation, handling, and use of liquid
petroleum gas.
d. The electric wiring and heating, and adequate means of
exit in case of fire, from churches, schools, hotels, theaters,
amphitheaters, asylums, hospitals, health care facilities as
defined in section 135C.1, college buildings, lodge halls,
public meeting places, and all other structures in which
persons congregate from time to time, whether publicly or
privately owned.
2. To promote fire safety and reduction of loss by fire
through educational methods.
3. To promulgate fire safety rules in consultation with the
state fire marshal. The director shall have exclusive right
to promulgate fire safety rules as they apply to enforcement
or inspection requirements by the department, but the rules
shall be promulgated pursuant to chapter 17A. Wherever by
-935-any statute the director or the department is authorized
or required to promulgate, proclaim, or amend rules and
minimum standards regarding fire hazards or fire safety or
protection in any establishment, building, or structure, the
rules and standards shall promote and enforce fire safety,
fire protection, and the elimination of fire hazards as the
rules may relate to the use, occupancy, and construction
of the buildings, establishments, or structures. The word
“construction” shall include but is not limited to electrical
wiring, plumbing, heating, lighting, ventilation, construction
materials, entrances and exits, and all other physical
conditions of the building which may affect fire hazards,
safety, or protection. The rules and minimum standards shall
be in substantial compliance except as otherwise specifically
provided in this chapter, with the standards of the national
fire protection association relating to fire safety as
published in the national fire codes.
4. To adopt rules designating a fee to be assessed to
each building, structure, or facility for which a fire safety
inspection or plan review by the director is required by law.
The fee designated by rule shall be set in an amount that is
reasonably related to the costs of conducting the applicable
inspection or plan review. The fees collected by the
department shall be deposited in the general fund of the state.
5. To administer the fire extinguishing system contractor,
alarm system contractor, and alarm system installer
certification program established in chapter 100C.
6. To order the suspension of the use of consumer fireworks,
display fireworks, or novelties, as described in section 727.2,
if the state fire marshal determines that the use of such
devices would constitute a threat to public safety.
Sec. 1480. NEW SECTION. 10A.512 Inspections.
The director, and the director’s designated subordinates,
in the performance of their duties under this part, shall have
authority to enter any building or premises and to examine the
-936-same and the contents thereof.
Sec. 1481. NEW SECTION. 10A.533 Enforcement.
1. If any local board, as defined in section 135.1, shall
fail to enforce the rules of the department under this part or
carry out the department’s lawful directions under this part,
the department may enforce the same within the territorial
jurisdiction of such local board, and for that purpose it may
exercise all of the powers given by statute to the local board,
and may employ the necessary assistants to carry out its lawful
directions.
2. All expenses incurred by the department in determining
whether its rules are enforced by a local board under this
part, and in enforcing the same when a local board has failed
to do so, shall be paid in the same manner as the expenses of
enforcing such rules when enforced by the local board.
3. All peace officers of the state when called upon by the
department shall enforce the department’s rules under this part
and execute the lawful orders of the department under this part
within their respective jurisdictions.
Sec. 1482. NEW SECTION. 10A.534 Penalties.
1. Any person who knowingly violates any provision of this
part, or of the rules of the department under this part, or
any lawful order, written or oral, of the department or of its
officers, or authorized agents under this part, shall be guilty
of a simple misdemeanor.
2. Any person resisting or interfering with the department,
its employees, or authorized agents, in the discharge of any
duty imposed by law under this part shall be guilty of a simple
misdemeanor.
Sec. 1483. Section 12.83, Code 2023, is amended to read as
follows:
12.83 School infrastructure fund moneys — state fire marshal
allocation to department of inspections, appeals, and licensing.
During the term of the school infrastructure program
established in section 292.2, up to fifty thousand dollars
-937-of the moneys deposited each fiscal year in the school
infrastructure fund shall be allocated each fiscal year to the
department of public safety inspections, appeals, and licensing
for the use of the state fire marshal department. The funds
shall be used by the state fire marshal department solely
for the purpose of retaining an architect or architectural
firm to evaluate structures for which school infrastructure
program grant applications are made, to consult with school
district representatives, to review construction drawings and
blueprints, and to perform related duties at the direction of
the state fire marshal department to ensure the best possible
use of moneys received by a school district under the school
infrastructure program. The state fire marshal department
shall provide for the review of plans, drawings, and blueprints
in a timely manner.
Sec. 1484. Section 72.5, subsection 2, Code 2023, is amended
to read as follows:
2. The director of the economic development authority,
in consultation with the department of management, and the
state building code commissioner, and state fire marshal, shall
develop standards and methods to evaluate design development
documents and construction documents based upon life cycle cost
factors to facilitate fair and uniform comparisons between
design proposals and informed decision making by public bodies.
Sec. 1485. Section 88A.11, subsection 2, Code 2023, is
amended to read as follows:
2. A concession booth, amusement device or ride which is
owned and operated by a nonprofit religious, educational or
charitable institution or association if such booth, device or
ride is located within a building subject to inspection by the
state fire marshal director or by any political subdivisions
of the state under its building, fire, electrical, and related
public safety ordinances.
Sec. 1486. Section 100.1, subsections 3, 4, 5, 6, and 7,
Code 2023, are amended by striking the subsections.
-938- Sec. 1487. Section 100.1, subsection 8, Code 2023, is
amended to read as follows:
8. To recommend to the director of the department of
inspections, appeals, and licensing, that the director order
the suspension of the use of consumer fireworks, display
fireworks, or novelties, as described in section 727.2, if the
fire marshal determines that the use of such devices would
constitute a threat to public safety.
Sec. 1488. Section 100.11, Code 2023, is amended to read as
follows:
100.11 Fire escapes.
It shall be the duty of the fire marshal director to enforce
all laws relating to fire escapes.
Sec. 1489. Section 100.12, Code 2023, is amended to read as
follows:
100.12 Authority for inspection — orders.
The chief of a fire department or an authorized subordinate
who is trained in fire prevention safety standards may enter
a building or premises at a reasonable hour to examine the
building or premises and its contents. The examining official
shall order the correction of a condition which is in violation
of this chapter, a rule adopted under this chapter, or a
city or county fire safety ordinance. The order shall be
in writing or, if the danger is imminent, orally followed by
a written order. The examining official shall enforce the
order in accordance with the applicable law or ordinance. At
the request of the examining official the state fire marshal
director may assist in an enforcement action.
Sec. 1490. Section 100.13, Code 2023, is amended to read as
follows:
100.13 Violations — orders.
1. If a person has violated or is violating a provision of
this chapter or a rule adopted pursuant to this chapter, the
state fire marshal director, the chief of any fire department,
or the fire prevention officer of a fire department organized
-939-under chapter 400 may issue an order directing the person to
desist in the practice which constitutes the violation and
to take corrective action as necessary to ensure that the
violation will cease. The order shall be in writing and shall
specify a reasonable time by which the person shall comply
with the order. The person to whom the order is issued may
appeal the order as provided in chapter 17A. On appeal,
the administrative law judge may affirm, modify, or vacate
the order. Judicial review may be sought in accordance with
chapter 17A.
2. Notwithstanding any other provision of law to the
contrary, if the state fire marshal director determines that
an emergency exists respecting any matter affecting or likely
to affect the public safety, the fire marshal director may
issue any order necessary to terminate the emergency without
notice or hearing. An emergency order is binding and effective
immediately, until or unless the order is modified, vacated, or
stayed at an administrative hearing or by a district court.
Sec. 1491. Section 100.14, Code 2023, is amended to read as
follows:
100.14 Legal proceedings — penalties — injunctive relief.
At the request of the state fire marshal director, the
county attorney shall institute any legal proceedings on behalf
of the state necessary to obtain compliance or enforce the
penalty provisions of this chapter or rules or orders adopted
or issued pursuant to this chapter, including, but not limited
to, a legal action for injunctive relief. The county attorney
or any other attorney acting on behalf of the chief of a fire
department or a fire prevention officer may institute legal
proceedings, including, but not limited to, a legal action for
injunctive relief, to obtain compliance or enforce the penalty
provisions or orders issued pursuant to section 100.13.
Sec. 1492. Section 100.16, Code 2023, is amended to read as
follows:
100.16 Judicial review — court costs.
-940- 1. Judicial review of actions of the fire marshal director
may be sought in accordance with the terms of the Iowa
administrative procedure Act pursuant to chapter 17A. If
legal proceedings have been instituted pursuant to section
100.14, all related issues which could otherwise be raised in
a proceeding for judicial review shall be raised in the legal
proceedings instituted pursuant to section 100.14.
2. Upon judicial review of the fire marshal’s director’s
action, if the court affirms the agency action, the court
shall tax all court costs of the review proceeding against the
appellant. However, if the court reverses, revokes, or annuls
the fire marshal’s director’s action, the court shall tax all
court costs of the review proceeding against the agency. If
the fire marshal’s director’s action is modified or the matter
is remanded to the agency for further proceedings, the court
shall apportion the court costs within the discretion of the
court.
Sec. 1493. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
Code 2023, are amended to read as follows:
2. a. Except as provided in subsection 4, multiple-unit
residential buildings and single-family dwellings the
construction of which is begun on or after July 1, 1991, shall
include the installation of smoke detectors in compliance with
the rules established by the state fire marshal director under
subsection 5.
b. The rules shall require the installation of smoke
detectors in existing single-family rental units and
multiple-unit residential buildings. Existing single-family
dwelling units shall be equipped with approved smoke detectors.
A person who files for a homestead credit pursuant to chapter
425 shall certify that the single-family dwelling unit for
which the credit is filed has a smoke detector installed in
compliance with this section, or that one will be installed
within thirty days of the date the filing for the credit is
made. The state fire marshal director shall adopt rules and
-941-establish appropriate procedures to administer this subsection.
c. An owner or an owner’s agent of a multiple-unit
residential building or single-family dwelling shall supply
light-emitting smoke detectors, upon request, for a tenant who
is deaf or hard of hearing.
3. a. Multiple-unit residential buildings and single-family
dwellings, the construction of which is begun on or after
July 1, 2018, and that have a fuel-fired heater or appliance,
a fireplace, or an attached garage, shall include the
installation of carbon monoxide alarms in compliance with the
rules established by the state fire marshal director under
subsection 5.
b. The rules shall require the installation of carbon
monoxide alarms in existing single-family rental units and
multiple-unit residential buildings that have a fuel-fired
heater or appliance, a fireplace, or an attached garage.
Existing single-family dwellings that have a fuel-fired heater
or appliance, a fireplace, or an attached garage shall be
equipped with approved carbon monoxide alarms. For purposes
of this paragraph, “approved carbon monoxide alarm” means a
carbon monoxide alarm that meets the standards established by
the underwriters’ laboratories or is approved by the state fire
marshal director as established by rule under subsection 5. A
person who files for a homestead credit pursuant to chapter 425
shall certify that the single-family dwelling for which the
credit is filed and that has a fuel-fired heater or appliance,
a fireplace, or an attached garage, has carbon monoxide alarms
installed in compliance with this section, or that such alarms
will be installed within thirty days of the date the filing
for the credit is made. The state fire marshal director shall
adopt rules and establish appropriate procedures to administer
this subsection.
c. An owner of a multiple-unit residential building or
a single-family rental unit that has a fuel-fired heater or
appliance, a fireplace, or an attached garage, or an owner’s
-942-agent, shall supply light-emitting carbon monoxide alarms, upon
request, for a tenant who is deaf or hard of hearing.
d. The owner of a building requiring the installation of
carbon monoxide alarms under this subsection shall install
a carbon monoxide alarm in a location as specified by rules
established by the state fire marshal director under subsection
5, taking into account the number and location of all fuel
sources in the building.
4. This section does not require the following:
a. The installation of smoke detectors in multiple-unit
residential buildings which, on July 1, 1981, are equipped
with heat detection devices or a sprinkler system with alarms
approved by the state fire marshal director.
b. The installation of smoke detectors in hotels, motels,
and dormitories equipped with an automatic smoke detection
system approved by the state fire marshal director.
5. The state fire marshal director shall enforce the
requirements of subsections 2 and 3 and may implement a program
of inspections to monitor compliance with the provisions of
those subsections. Upon inspection, the state fire marshal
director shall issue a written notice to the owner or manager
of a multiple-unit residential building or single-family
rental unit informing the owner or manager of compliance or
noncompliance with this section. The state fire marshal
director may contract with any political subdivision without
fee assessed to either the state fire marshal director or the
political subdivision, for the performance of the inspection
and notification responsibilities. The inspections authorized
under this section are limited to the placement, repair, and
operability of smoke detectors and carbon monoxide alarms. Any
broader inspection authority is not derived from this section.
The state fire marshal director shall adopt rules under chapter
17A as necessary to enforce this section including rules
concerning the placement of smoke detectors and carbon monoxide
alarms and the use of acceptable smoke detectors and carbon
-943-monoxide alarms. The smoke detectors and carbon monoxide
alarms shall display a label or other identification issued
by an approved testing agency or another label specifically
approved by the state fire marshal director.
6. The inspection of a building or notification of
compliance or noncompliance under this section is not the basis
for a legal cause of action against the political subdivision,
state fire marshal director, the fire marshal’s director’s
subordinates, chiefs of local fire departments, building
inspectors, or other fire, building, or safety officials due
to a failure to discover a latent defect in the course of the
inspection.
7. If a smoke detector or carbon monoxide alarm is found
to be inoperable, the owner or manager of the multiple-unit
residential building or single-family rental unit shall correct
the situation within thirty days after written notification
to the owner or manager by the tenant, guest, roomer, state
fire marshal director, fire marshal’s director’s subordinates,
chiefs of local fire departments, building inspectors, or other
fire, building, or safety officials. If the owner or manager
of a multiple-unit residential building or single-family rental
unit fails to correct the situation within the thirty days
the tenant, guest, or roomer may cause the smoke detector or
carbon monoxide alarm to be repaired or purchase and install
a smoke detector or carbon monoxide alarm required under this
section and may deduct the repair cost or purchase price from
the next rental payment or payments made by the tenant, guest,
or roomer. However, a lessor or owner may require a lessee,
tenant, guest, or roomer who has a residency of longer than
thirty days to provide the battery for a battery operated smoke
detector or carbon monoxide alarm.
Sec. 1494. Section 100.19, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The state fire marshal director shall establish a
consumer fireworks seller license. An application for a
-944-consumer fireworks seller license shall be made on a form
provided by the state fire marshal director. The state fire
marshal director shall adopt rules consistent with this section
establishing minimum requirements for a retailer or community
group to be issued a consumer fireworks seller license.
Sec. 1495. Section 100.19, subsection 3, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The state fire marshal director shall establish a fee
schedule for consumer fireworks seller licenses as follows:
Sec. 1496. Section 100.19, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The state fire marshal director shall adopt rules to:
Sec. 1497. Section 100.19, subsections 6, 7, and 8, Code
2023, are amended to read as follows:
6. a. The state fire marshal director shall adopt rules to
provide that a person’s consumer fireworks seller license may
be revoked for the intentional violation of this section. The
proceedings for revocation shall be held before the division of
the state fire marshal department, which may revoke the license
or licenses involved as provided in paragraph “b”.
b. (1) If, upon the hearing of the order to show cause, the
division of the state fire marshal department finds that the
licensee intentionally violated this section, then the license
or licenses under which the licensed retailer or community
group sells first-class consumer fireworks or second-class
consumer fireworks, shall be revoked.
(2) Judicial review of actions of the division of the state
fire marshal department may be sought in accordance with the
terms of the Iowa administrative procedure Act, chapter 17A.
If the licensee has not filed a petition for judicial review
in district court, revocation shall date from the thirty-first
day following the date of the order of the division of the
state fire marshal department. If the licensee has filed a
petition for judicial review, revocation shall date from the
-945-thirty-first day following entry of the order of the district
court, if action by the district court is adverse to the
licensee.
(3) A new license shall not be issued to a person whose
license has been revoked, or to the business in control of the
premises on which the violation occurred if it is established
that the owner of the business had actual knowledge of the
violation resulting in the license revocation, for the period
of one year following the date of revocation.
7. a. A consumer fireworks fee fund is created in the
state treasury under the control of the state fire marshal
director. Notwithstanding section 12C.7, interest or earnings
on moneys in the consumer fireworks fee fund shall be credited
to the consumer fireworks fee fund. Moneys in the fund are
appropriated to the state fire marshal director to be used to
fulfill the responsibilities of the state fire marshal director
for the administration and enforcement of this section and
section 100.19A and to provide grants pursuant to paragraph “b”.
The fund shall include the fees collected by the state fire
marshal director under the fee schedule established pursuant to
subsection 3 and the fees collected by the state fire marshal
director under section 100.19A for wholesaler registration.
b. The state fire marshal director shall establish a local
fire protection and emergency medical service providers grant
program to provide grants in the following order of priority:
(1) Local fire protection service providers and local
emergency medical service providers to establish or provide
fireworks safety education programming to members of the
public, and for the purchase of necessary enforcement,
protection, or emergency response equipment related to the sale
and use of consumer fireworks in this state.
(2) Local volunteer fire protection service providers for
the purchase of necessary enforcement, protection, or emergency
response equipment.
8. The state fire marshal director shall adopt rules for the
-946-administration of this section.
Sec. 1498. Section 100.19A, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The state fire marshal director shall adopt rules to
require all wholesalers to annually register with the state
fire marshal director. The state fire marshal director
may also adopt rules to regulate the storage or transfer of
consumer fireworks by wholesalers and to require wholesalers
to maintain insurance.
3. The state fire marshal director shall establish an
annual registration fee of one thousand dollars for wholesalers
of consumer fireworks within the state. Registration fees
collected pursuant to this section shall be deposited in the
consumer fireworks fee fund created in section 100.19.
Sec. 1499. Section 100.31, Code 2023, is amended to read as
follows:
100.31 Fire and tornado drills in schools — warning systems
— inspections.
1. It shall be the duty of the state fire marshal director
and the fire marshal’s director’s designated subordinates to
require all private and public school officials and teachers to
conduct not less than four fire drills and not less than four
tornado drills in all school buildings during each school year
when school is in session; and to require the officials and
teachers of all schools to keep all doors and exits of their
respective rooms and buildings unlocked when occupied during
school hours or when such areas are being used by the public at
other times. Not less than two drills of each type shall be
conducted between July 1 and December 31 of each year and not
less than two drills of each type shall be conducted between
January 1 and June 30 of each year.
2. Every school building with two or more classrooms
shall have a warning system for fires of a type approved by
the underwriters’ laboratories and by the state fire marshal
director. The warning system shall be used only for fire
-947-drills or as a warning for emergency. Schools may modify
the fire warning system for use as a tornado warning system
or shall install a separate tornado warning system. Every
school building shall also be equipped with portable fire
extinguishers, with the type, size and number in accordance
with national fire protection association standards and
approved by the state fire marshal director.
3. The state fire marshal director or the fire marshal’s
director’s deputies shall cause each public or private school,
college, or university to be inspected at least once every two
years to determine whether each school meets the fire safety
standards of this Code and is free from other fire hazards.
Provided, however, that cities which employ fire department
inspectors shall cause such inspections to be made.
Sec. 1500. Section 100.35, Code 2023, is amended to read as
follows:
100.35 Rules of marshal director — penalties.
1. The fire marshal director shall adopt, and may amend
rules under chapter 17A, which include standards relating
to exits and exit lights, fire escapes, fire protection,
fire safety and the elimination of fire hazards, in and for
churches, schools, hotels, theaters, amphitheaters, hospitals,
health care facilities as defined in section 135C.1, boarding
homes or housing, rest homes, dormitories, college buildings,
lodge halls, club rooms, public meeting places, places of
amusement, apartment buildings, food establishments as defined
in section 137F.1, and all other buildings or structures in
which persons congregate from time to time, whether publicly
or privately owned. Violation of a rule adopted by the fire
marshal director is a simple misdemeanor. However, upon
proof that the fire marshal director gave written notice to
the defendant of the violation, and proof that the violation
constituted a clear and present danger to life, and proof that
the defendant failed to eliminate the condition giving rise
to the violation within thirty days after receipt of notice
-948-from the fire marshal director, the penalty is that provided
by law for a serious misdemeanor. Each day of the continuing
violation of a rule after conviction of a violation of the rule
is a separate offense. A conviction is subject to appeal as in
other criminal cases.
2. Rules by the fire marshal director affecting the
construction of new buildings, additions to buildings or
rehabilitation of existing buildings and related to fire
protection, shall be substantially in accord with the
provisions of the nationally recognized building and related
codes adopted as the state building code pursuant to section
103A.7 or with codes adopted by a local subdivision which are
in substantial accord with the codes comprising the state
building code.
3. The rules adopted by the state fire marshal director
under this section shall provide standards for fire resistance
of cellulose insulation sold or used in this state, whether for
public or private use. The rules shall provide for approval of
the cellulose insulation by at least one nationally recognized
independent testing laboratory.
Sec. 1501. Section 100.38, Code 2023, is amended to read as
follows:
100.38 Conflicting statutes.
Provisions of this chapter part in conflict with the state
building code, as adopted pursuant to section 103A.7, shall not
apply where the state building code has been adopted or when
the state building code applies throughout the state.
Sec. 1502. Section 100.39, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. All buildings approved for construction after July 1,
1998, that exceed four stories in height, or seventy-five feet
above grade, shall require the installation of an approved
automatic fire extinguishing system designed and installed in
conformity with rules promulgated by the state fire marshal
director pursuant to this chapter part.
-949- 2. The requirements of this section shall not apply to the
following:
a. Any noncombustible elevator storage structure or any
noncombustible plant building with noncombustible contents.
b. Any combustible elevator storage structure that is
equipped with an approved drypipe, nonautomatic sprinkler and
automatic alarm system.
c. Buildings in existence or under construction on August
15, 1975. However, if subsequent to that date any building is
enlarged or altered beyond the height limitations applicable to
new buildings, such building in its entirety shall be subject
to all the provisions of this section.
d. Any open parking garage structure which is in compliance
with rules adopted by the state fire marshal director.
3. Plans and installation of systems shall be approved by
the state fire marshal director, a designee of the state fire
marshal director, or local authorities having jurisdiction.
Except where local fire protection regulations are more
stringent, the provisions of this section shall be applicable
to all buildings, whether privately or publicly owned. The
definition of terms shall be in conformity, insofar as
possible, with definitions found in the state building code
adopted pursuant to section 103A.7.
Sec. 1503. Section 100.41, Code 2023, is amended to read as
follows:
100.41 Authority to cite violations.
Fire officials acting under the authority of this chapter
part may issue citations in accordance with chapter 805, for
violations of this chapter part or a violation of a local fire
safety code.
Sec. 1504. Section 100C.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 8A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 8B. “Director” means the director of
-950-the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1505. Section 100C.1, subsection 14, Code 2023, is
amended to read as follows:
14. “Responsible managing employee” means one of the
following:
a. An owner, partner, officer, or manager employed full-time
by a fire extinguishing system contractor who is certified
by the national institute for certification in engineering
technologies at a level three in fire protection technology,
automatic sprinkler system layout, or another certification in
automatic sprinkler system layout recognized by rules adopted
by the fire marshal director pursuant to section 100C.7 or who
meets any other criteria established by rule.
b. An owner, partner, officer, or manager employed full-time
by an alarm system contractor who is certified by the national
institute for certification in engineering technologies in fire
alarm systems or security systems at a level established by the
fire marshal director by rule or who meets any other criteria
established by rule under this chapter. The rules may provide
for separate endorsements for fire alarm systems, security
alarm systems, and nurse call systems and may require separate
qualifications for each.
Sec. 1506. Section 100C.2, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. An employee or subcontractor of a certified alarm system
contractor who is an alarm system installer, and who is not
licensed pursuant to chapter 103 shall obtain and maintain
certification as an alarm system installer and shall meet and
maintain qualifications established by the state fire marshal
director by rule.
Sec. 1507. Section 100C.3, subsections 1, 3, and 5, Code
2023, are amended to read as follows:
1. A fire extinguishing system contractor, an alarm system
contractor, or an alarm system installer shall apply for a
-951-certificate on a form prescribed by the state fire marshal
director. The application shall be accompanied by a fee in an
amount prescribed by rule pursuant to section 100C.7 and shall
include all of the following information, as applicable:
a. The name, address, and telephone number of the contractor
or installer and, in the case of an installer, the name and
certification number of the contractor by whom the installer is
employed, including all legal and fictitious names.
b. Proof of insurance coverage required by section 100C.4.
c. The name and qualifications of the person designated as
the contractor’s responsible managing employee and of persons
designated as alternate responsible managing employees.
d. Any other information deemed necessary by the state fire
marshal director.
3. Upon receipt of a completed application and prescribed
fees, if the contractor or installer meets all requirements
established by this chapter, the state fire marshal director
shall issue a certificate to the contractor or installer within
thirty days.
5. Any change in the information provided in the application
shall be promptly reported to the state fire marshal director.
When the employment of a responsible managing employee is
terminated, the contractor shall notify the state fire marshal
director within thirty days after termination.
Sec. 1508. Section 100C.4, Code 2023, is amended to read as
follows:
100C.4 Insurance.
1. A fire extinguishing system contractor shall maintain
general and complete operations liability insurance for
the layout, installation, repair, alteration, addition,
maintenance, and inspection of automatic fire extinguishing
systems in an amount determined by the state fire marshal
director by rule.
2. An alarm system contractor shall maintain general
and complete operations liability insurance for the layout,
-952-installation, repair, alteration, addition, maintenance, and
inspection of alarm systems in an amount determined by the
state fire marshal director by rule.
Sec. 1509. Section 100C.5, Code 2023, is amended to read as
follows:
100C.5 Suspension and revocation.
1. The state fire marshal director shall suspend or revoke
the certificate of any contractor or installer who fails to
maintain compliance with the conditions necessary to obtain a
certificate. A certificate may also be suspended or revoked
if any of the following occur:
a. The employment or relationship of a responsible managing
employee with a contractor is terminated, unless the contractor
has included a qualified alternate on the application or an
application designating a new responsible managing employee is
filed with the state fire marshal director within six months
after the termination.
b. The contractor or installer fails to comply with any
provision of this chapter.
c. The contractor or installer fails to comply with any
other applicable codes and ordinances.
2. If a certificate is suspended pursuant to this section,
the certificate shall not be reinstated until the condition or
conditions which led to the suspension have been corrected.
3. The state fire marshal director shall adopt rules
pursuant to section 100C.7 for the acceptance and processing
of complaints against certificate holders, for procedures to
suspend and revoke certificates, and for appeals of decisions
to suspend or revoke certificates.
Sec. 1510. Section 100C.7, Code 2023, is amended to read as
follows:
100C.7 Administration — rules.
The state fire marshal director shall administer this
chapter and, after consultation with the fire extinguishing
system contractors and alarm systems advisory board, shall
-953-adopt rules pursuant to chapter 17A necessary for the
administration and enforcement of this chapter.
Sec. 1511. Section 100C.8, subsection 2, Code 2023, is
amended to read as follows:
2. The state fire marshal director may impose a civil
penalty of up to five hundred dollars on any person who
violates any provision of this chapter for each day a violation
continues. The state fire marshal director may adopt rules
necessary to enforce and collect any penalties imposed pursuant
to this chapter.
Sec. 1512. Section 100C.9, Code 2023, is amended to read as
follows:
100C.9 Deposit and use of moneys collected.
1. All fees assessed pursuant to this chapter shall be
retained as repayment receipts by the division of state fire
marshal in the department of public safety and such fees
received shall be used exclusively to offset the costs of
administering this chapter.
2. Notwithstanding section 8.33, fees collected by
the division of state fire marshal department that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure for
the purposes designated in succeeding fiscal years.
Sec. 1513. Section 100C.10, subsection 1, Code 2023, is
amended to read as follows:
1. A fire extinguishing system contractors and alarm
systems advisory board is established in the division of state
fire marshal of the department of public safety and shall
advise the division department on matters pertaining to the
application and certification of contractors and installers
pursuant to this chapter.
Sec. 1514. Section 100C.10, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The board shall consist of eleven voting members appointed
by the commissioner of public safety director as follows:
-954- Sec. 1515. Section 100C.10, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. The state fire marshal, or the state fire marshal’s
designee, the director, and the chairperson of the electrical
examining board created in section 103.2 shall be nonvoting ex
officio members of the board.
4. The commissioner shall initially appoint two members
for two-year terms, two members for four-year terms, and three
members for six-year terms. Following the expiration of the
terms of initially appointed members, each Each term thereafter
shall be for a period of six years. No member shall serve
more than two consecutive terms. If a position on the board
becomes vacant prior to the expiration of a member’s term, the
member appointed to the vacancy shall serve the balance of the
unexpired term.
Sec. 1516. Section 100D.1, subsections 2 and 10, Code 2023,
are amended to read as follows:
2. “Department” means the department of public safety
inspections, appeals, and licensing.
10. “Responsible managing employee” means an owner, partner,
officer, or manager employed full-time by a fire extinguishing
system contractor who is certified by the national institute
for certification in engineering technologies at a level three
in fire protection technology, automatic sprinkler system
layout, or another certification in automatic sprinkler system
layout recognized by rules adopted by the fire marshal director
pursuant to section 100C.7 or who meets any other criteria
established by rule.
Sec. 1517. Section 100D.1, subsection 3, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
3. “Director” means the director of the department of
inspections, appeals, and licensing or the director’s designee.
Sec. 1518. Section 100D.2, subsection 4, Code 2023, is
amended to read as follows:
-955- 4. Licenses shall be issued for a two-year period, and may
be renewed as established by the state fire marshal director
by rule.
Sec. 1519. Section 100D.3, Code 2023, is amended to read as
follows:
100D.3 Fire protection system installer and maintenance
worker license.
1. The state fire marshal director shall issue a fire
protection system installer and maintenance worker license to
an applicant who meets all of the following requirements:
a. Has completed a fire protection apprenticeship program
approved by the United States department of labor, or has
completed two years of full-time employment or the equivalent
thereof as a trainee.
b. Is employed by a fire extinguishing system contractor.
However, an applicant whose work on extinguishing systems will
be restricted to systems on property owned or controlled by the
applicant’s employer may obtain a license if the employer is
not a certified contractor.
c. Has received a passing score on the national inspection,
testing, and certification star fire sprinkler mastery
exam or on an equivalent exam from a nationally recognized
third-party testing agency that is approved by the state fire
marshal director, or is certified at level one by the national
institute for certification in engineering technologies and as
specified by rule by the state fire marshal director, or is
certified by another entity approved by the fire marshal.
2. The state fire marshal director shall issue a fire
protection system installer and maintenance worker license
with endorsements restricted to preengineered fire protection
systems to an applicant who does not meet the requirements of
subsection 1 but does meet the following requirements:
a. To be endorsed as a preengineered kitchen fire
extinguishing system installer, has successfully completed
training and an examination verified by a preengineered system
-956-manufacturer, an agent of a preengineered system manufacturer,
or an organization that is approved by the state fire marshal
director.
b. To be endorsed as a preengineered kitchen fire
extinguishing system maintenance worker, has successfully
completed training by the worker’s employer or the system’s
manufacturer and has passed a written or online examination for
preengineered kitchen fire extinguishing system maintenance
that is approved by the state fire marshal director.
c. To be endorsed as a preengineered industrial fire
extinguishing system installer, possesses a training and
examination certification from a preengineered system
manufacturer, an agent of a preengineered system manufacturer,
or an organization that is approved by the state fire marshal
director.
d. To be endorsed as a preengineered industrial fire
extinguishing system maintenance worker, has been trained
by the worker’s employer and has passed a written or online
examination for preengineered industrial fire extinguishing
system maintenance that is approved by the state fire marshal
director.
3. The holder of a fire protection system installer and
maintenance worker license shall be responsible for license
fees, renewal fees, and continuing education hours.
4. The license of a fire protection system installer
and maintenance worker licensee who ceases to be employed
by a fire extinguishing system contractor shall continue to
be valid until it would otherwise expire, but the licensee
shall not perform work requiring licensure under this chapter
until the licensee is again employed by a fire extinguishing
system contractor. If the licensee becomes employed by a fire
extinguishing system contractor other than the contractor which
employed the licensee at the time the license was issued, the
licensee shall notify the fire marshal director and shall apply
for an amendment to the license. The fire marshal director
-957- may establish by rule a fee for amending a license. This
subsection shall not extend the time period during which a
license is valid. This subsection does not apply to a licensee
whose work on extinguishing systems is restricted to systems on
property owned or controlled by the licensee’s employer.
5. The fire marshal director, by rule, may restrict
the scope of work authorized by a license with appropriate
endorsements.
Sec. 1520. Section 100D.4, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An applicant for a fire protection system installer and
maintenance worker license or renewal of an active license
shall provide evidence of a public liability insurance policy
and surety bond in an amount determined sufficient by the fire
marshal director by rule.
3. The insurance and surety bond shall be written by an
entity licensed to do business in this state and each licensee
shall maintain on file with the department a certificate
evidencing the insurance providing that the insurance or surety
bond shall not be canceled without the entity first giving
fifteen days written notice to the fire marshal director.
Sec. 1521. Section 100D.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state fire marshal director shall do all of the
following:
Sec. 1522. Section 100D.6, Code 2023, is amended to read as
follows:
100D.6 Penalties.
The state fire marshal director may impose a civil penalty
of up to five hundred dollars on any person who violates any
provision of this chapter for each day a violation continues.
The state fire marshal director may adopt rules necessary to
enforce and collect any penalties imposed pursuant to this
chapter.
Sec. 1523. Section 100D.7, Code 2023, is amended to read as
-958-follows:
100D.7 Deposit and use of moneys collected.
1. The state fire marshal director shall set the license
fees and renewal fees for all licenses issued pursuant to this
chapter, by rule, based upon the actual costs of licensing.
2. All fees assessed pursuant to this chapter shall be
retained as repayment receipts by the division of state fire
marshal in the department of public safety and such fees
received shall be used exclusively to offset the costs of
administering this chapter.
3. Notwithstanding section 8.33, fees collected by
the division of state fire marshal department that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure
for the purposes designated until the close of the succeeding
fiscal year.
Sec. 1524. Section 100D.10, Code 2023, is amended to read
as follows:
100D.10 Reciprocal licenses.
To the extent that another state provides for the licensing
of fire protection system installers and maintenance workers
or similar action, the state fire marshal director may issue
a fire protection system installer and maintenance worker
license, without examination, to a nonresident fire protection
system installer and maintenance worker who has been licensed
by such other state for at least three years provided such
other state grants the same reciprocal licensing privileges to
residents of Iowa who have obtained a fire protection system
installer and maintenance worker license upon payment by
the applicant of the required fee and upon furnishing proof
that the qualifications of the applicant are equal to the
qualifications of holders of similar licenses in this state.
Sec. 1525. Section 100D.13, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The state fire marshal director may issue a temporary
-959-fire protection system installer and maintenance worker license
to a person, providing that all of the following conditions are
met:
a. The person is currently licensed or certified to perform
work as a fire protection system installer and maintenance
worker in another state.
b. The person meets any additional criteria for a temporary
license established by the state fire marshal director by rule.
c. The person provides all information required by the state
fire marshal director.
d. The person has paid the fee for a temporary license,
which fee shall be established by the state fire marshal
director by rule.
e. The person intends to perform work as a fire protection
system installer and maintenance worker only in areas of this
state which are covered by a disaster emergency declaration
issued by the governor pursuant to section 29C.6.
2. A temporary license issued pursuant to this section shall
be valid for ninety days. The state fire marshal director may
establish criteria and procedures for the extension of such
licenses for additional periods, which in no event shall exceed
ninety days.
Sec. 1526. Section 101.1, subsection 1, Code 2023, is
amended to read as follows:
1. The state fire marshal director is hereby empowered and
directed to formulate and adopt and from time to time amend or
revise and to promulgate, in conformity with and subject to the
conditions set forth in this chapter, reasonable rules for the
safe transportation, storage, handling, and use of combustible
liquids, flammable liquids, liquefied petroleum gases, and
liquefied natural gases.
Sec. 1527. Section 101.1, subsection 2, Code 2023, is
amended by adding the following new paragraph:
NEW PARAGRAPH. 0b. “Director” means the director of the
department of inspections, appeals, and licensing or the
-960-director’s designee.
Sec. 1528. Section 101.5A, Code 2023, is amended to read as
follows:
101.5A Shared public petroleum storage facilities.
The state fire marshal director shall permit by rule the
shared ownership, operation, or cooperative use of a publicly
owned petroleum storage or dispensing facility by more than one
public agency or political subdivision in order to maximize the
opportunity for cooperation, to avoid unnecessary duplication
of facilities posing both an environmental and fire hazard,
and to minimize the cost of providing public services. Shared
or cooperative use is not a violation of chapter 23A, even
if one public agency or political subdivision compensates
another public agency or political subdivision for the use or
for petroleum dispensed. A publicly owned petroleum storage
facility subject to this section may use aboveground or
underground storage tanks, or a combination of both.
Sec. 1529. Section 101.8, Code 2023, is amended to read as
follows:
101.8 Assistance by local officials.
The chief fire prevention officer of every city or village
having an established fire prevention department, the chief of
the fire department of every other city or village in which
a fire department is established, the mayor of every city in
which no fire department exists, the township clerk of every
township outside the limits of any city or village and all
other local officials upon whom fire prevention duties are
imposed by law shall assist the state fire marshal director in
the enforcement of the rules.
Sec. 1530. Section 101.9, Code 2023, is amended to read as
follows:
101.9 Repairs ordered by fire marshal director.
If the state fire marshal director has reasonable grounds
for believing after conducting tests that a leak exists in
a flammable or combustible liquid storage tank or in the
-961-distribution system of a flammable or combustible liquid
storage tank the state fire marshal director shall issue a
written order to the owner or lessee of the storage tank or
distribution system requiring the storage tank and distribution
system be emptied and removed or repaired immediately upon
receipt of the written order.
Sec. 1531. Section 101.10, Code 2023, is amended to read as
follows:
101.10 Assistance of department of natural resources.
If the state fire marshal director has reasonable grounds
for believing that a leak constitutes a hazardous condition
which threatens the public health and safety, the fire marshal
director may request the assistance of the department of
natural resources, and upon such request the department of
natural resources is empowered to eliminate the hazardous
condition as provided in chapter 455B, subchapter IV, part
4, the provisions of section 455B.390, subsection 3, to the
contrary notwithstanding.
Sec. 1532. Section 101.12, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. An aboveground flammable or combustible liquid storage
tank may be installed at a retail motor vehicle fuel outlet,
subject to rules adopted by the state fire marshal director.
2. Rules adopted by the state fire marshal director
pursuant to this section shall be in substantial compliance
with the applicable standards of the national fire protection
association.
Sec. 1533. Section 101.21, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 1534. Section 101.22, subsections 1, 2, 3, 4, and 7,
Code 2023, are amended to read as follows:
1. Except as provided in subsection 2, the owner or operator
of an aboveground flammable or combustible liquid storage tank
existing on July 1, 2010, shall notify the state fire marshal
director in writing by October 1, 2010, of the existence of
-962-each tank and specify the age, size, type, location, and uses
of the tank.
2. The owner of an aboveground flammable or combustible
liquid storage tank taken out of operation on or before July 1,
2010, shall notify the state fire marshal director in writing
by October 1, 2010, of the existence of the tank unless the
owner knows the tank has been removed from the site. The
notice shall specify, to the extent known to the owner, the
date the tank was taken out of operation, the age of the
tank on the date taken out of operation, the size, type, and
location of the tank, and the type and quantity of substances
left stored in the tank on the date that it was taken out of
operation.
3. An owner or operator who brings into use an aboveground
flammable or combustible liquid storage tank after July 1,
2010, shall notify the state fire marshal director in writing
within thirty days of the existence of the tank and specify the
age, size, type, location, and uses of the tank.
4. The registration notice of the owner or operator to the
state fire marshal director under subsections 1 through 3 shall
be accompanied by an annual fee of twenty dollars for each tank
included in the notice. All moneys collected shall be retained
by the department of public safety inspections, appeals, and
licensing and are appropriated for the use of the state fire
marshal director. The annual renewal fee applies to all owners
or operators who file a registration notice with the state fire
marshal pursuant to subsections 1 through 3.
7. a. The state fire marshal director shall furnish the
owner or operator of an aboveground flammable or combustible
liquid storage tank with a registration tag for each
aboveground flammable or combustible liquid storage tank
registered with the state fire marshal director.
b. The owner or operator shall affix the tag to the fill
pipe of each registered aboveground flammable or combustible
liquid storage tank.
-963- Sec. 1535. Section 101.23, Code 2023, is amended to read as
follows:
101.23 State fire marshal Director reporting rules.
The state fire marshal director shall adopt rules pursuant
to chapter 17A relating to reporting requirements necessary to
enable the state fire marshal director to maintain an accurate
inventory of aboveground flammable or combustible liquid
storage tanks.
Sec. 1536. Section 101.24, Code 2023, is amended to read as
follows:
101.24 Duties and powers of the state fire marshal director.
The state fire marshal director shall:
1. Inspect and investigate the facilities and records of
owners and operators of aboveground flammable or combustible
liquid storage tanks with a capacity of fifteen thousand or
more gallons, as necessary to determine compliance with this
subchapter and the rules adopted pursuant to this subchapter.
An inspection or investigation shall be conducted subject to
subsection 4. For purposes of developing a rule, maintaining
an accurate inventory, or enforcing this subchapter, the
department of inspections, appeals, and licensing may:
a. Enter at reasonable times an establishment or other place
where an aboveground storage tank is located.
b. Inspect and obtain samples from any person of flammable
or combustible liquid or another regulated substance and
conduct monitoring or testing of the tanks, associated
equipment, contents, or surrounding soils, air, surface water,
and groundwater. Each inspection shall be commenced and
completed with reasonable promptness.
(1) If the state fire marshal director obtains a sample,
prior to leaving the premises, the fire marshal director
shall give the owner, operator, or agent in charge a receipt
describing the sample obtained and if requested a portion of
each sample equal in volume or weight to the portion retained.
If the sample is analyzed, a copy of the results of the
-964-analysis shall be furnished promptly to the owner, operator,
or agent in charge.
(2) Documents or information obtained from a person under
this subsection shall be available to the public except as
provided in this subparagraph. Upon a showing satisfactory
to the state fire marshal director by a person that public
disclosure of documents or information, or a particular
part of the documents or information to which the state fire
marshal director has access under this subsection would divulge
commercial or financial information entitled to protection as a
trade secret, the state fire marshal director shall consider
the documents or information or the particular portion of the
documents or information confidential. However, the documents
or information may be disclosed to officers, employees, or
authorized representatives of the United States charged with
implementing the federal Solid Waste Disposal Act, to employees
of the state of Iowa or of other states when the document or
information is relevant to the discharge of their official
duties, and when relevant in a proceeding under the federal
Solid Waste Disposal Act or this subchapter.
2. Maintain an accurate inventory of aboveground flammable
or combustible liquid storage tanks.
3. Take any action allowed by law which, in the state fire
marshal’s director’s judgment, is necessary to enforce or
secure compliance with this subchapter or any rule adopted
pursuant to this subchapter.
4. Conduct investigations of complaints received directly,
referred by other agencies, or other investigations deemed
necessary. While conducting an investigation, the state fire
marshal director may enter at any reasonable time in and upon
any private or public property to investigate any actual or
possible violation of this subchapter or the rules or standards
adopted under this subchapter. However, the owner or person in
charge shall be notified.
a. If the owner or operator of any property refuses
-965-admittance, or if prior to such refusal the state fire marshal
director demonstrates the necessity for a warrant, the state
fire marshal may make application under oath or affirmation
to the district court of the county in which the property is
located for the issuance of a search warrant.
b. In the application the state fire marshal director shall
state that an inspection of the premises is mandated by the
laws of this state or that a search of certain premises, areas,
or things designated in the application may result in evidence
tending to reveal the existence of violations of public health,
safety, or welfare requirements imposed by statutes, rules, or
ordinances established by the state or a political subdivision
of the state. The application shall describe the area,
premises, or thing to be searched, give the date of the last
inspection if known, give the date and time of the proposed
inspection, declare the need for such inspection, recite that
notice of the desire to make an inspection has been given to
affected persons and that admission was refused if that be the
fact, and state that the inspection has no purpose other than
to carry out the purpose of the statute, rule, or ordinance
pursuant to which inspection is to be made. If an item of
property is sought by the state fire marshal director, it shall
be identified in the application.
c. If the court is satisfied from the examination of
the applicant, and of other witnesses, if any, and of the
allegations of the application of the existence of the grounds
of the application, or that there is probable cause to believe
in their existence, the court may issue a search warrant.
d. In making inspections and searches pursuant to the
authority of this subchapter, the state fire marshal director
must execute the warrant as follows:
(1) Within ten days after its date.
(2) In a reasonable manner, and any property seized shall
be treated in accordance with the provisions of chapters 808
and 809.
-966- (3) Subject to any restrictions imposed by the statute, rule
or ordinance pursuant to which inspection is made.
Sec. 1537. Section 101.25, Code 2023, is amended to read as
follows:
101.25 Violations — orders.
1. If substantial evidence exists that a person has
violated or is violating a provision of this subchapter or
a rule adopted under this subchapter the state fire marshal
director may issue an order directing the person to desist
in the practice which constitutes the violation, and to take
corrective action as necessary to ensure that the violation
will cease, and may impose appropriate administrative penalties
pursuant to section 101.26. The person to whom the order is
issued may appeal the order as provided in chapter 17A. On
appeal, the administrative law judge may affirm, modify, or
vacate the order of the state fire marshal director.
2. However, if it is determined by the state fire marshal
director that an emergency exists respecting any matter
affecting or likely to affect the public health, the fire
marshal director may issue any order necessary to terminate
the emergency without notice and without hearing. The order
is binding and effective immediately and until the order is
modified or vacated at an administrative hearing or by a
district court.
3. The state fire marshal director may request the attorney
general to institute legal proceedings pursuant to section
101.26.
Sec. 1538. Section 101.26, Code 2023, is amended to read as
follows:
101.26 Penalties — burden of proof.
1. A person who violates this subchapter or a rule adopted
or order issued pursuant to this subchapter is subject to a
civil penalty not to exceed one hundred dollars for each day
during which the violation continues, up to a maximum of one
thousand dollars; however, if the tank is registered within
-967-thirty days after the state fire marshal director issues a
cease and desist order pursuant to section 101.25, subsection
1, the civil penalty under this section shall not accrue. The
civil penalty is an alternative to a criminal penalty provided
under this subchapter.
2. A person who knowingly fails to notify or makes a false
statement, representation, or certification in a record,
report, or other document filed or required to be maintained
under this subchapter, or violates an order issued under this
subchapter, is guilty of an aggravated misdemeanor.
3. The attorney general, at the request of the state fire
marshal director, shall institute any legal proceedings,
including an action for an injunction, necessary to enforce the
penalty provisions of this subchapter or to obtain compliance
with the provisions of this subchapter or rules adopted or
order pursuant to this subchapter. In any action, previous
findings of fact of the state fire marshal director after
notice and hearing are conclusive if supported by substantial
evidence in the record when the record is viewed as a whole.
4. In all proceedings with respect to an alleged violation
of this subchapter or a rule adopted or order issued by the
state fire marshal director pursuant to this subchapter, the
burden of proof is upon the state fire marshal director.
5. If the attorney general has instituted legal proceedings
in accordance with this section, all related issues which could
otherwise be raised by the alleged violator in a proceeding for
judicial review under section 101.27 shall be raised in the
legal proceedings instituted in accordance with this section.
Sec. 1539. Section 101.27, Code 2023, is amended to read as
follows:
101.27 Judicial review.
Except as provided in section 101.26, subsection 5,
judicial review of an order or other action of the state fire
marshal director may be sought in accordance with chapter 17A.
Notwithstanding chapter 17A, the Iowa administrative procedure
-968-Act, petitions for judicial review may be filed in the district
court of the county in which the alleged offense was committed
or the final order was entered.
Sec. 1540. Section 101A.1, subsections 2, 6, and 7, Code
2023, are amended to read as follows:
2. “Commercial license” or “license” means a license issued
by the state fire marshal director pursuant to this chapter.
6. “Licensee” means a person holding a commercial license
issued by the state fire marshal director pursuant to this
chapter.
7. “Magazine” means any building or structure, other than an
explosives manufacturing building, approved by the state fire
marshal director or the fire marshal’s director’s designated
agent for the storage of explosive materials.
Sec. 1541. Section 101A.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1542. Section 101A.2, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The state fire marshal director shall issue commercial
licenses for the manufacture, importation, distribution, sale,
and commercial use of explosives to persons who, in the state
fire marshal’s director’s discretion are of good character
and sound judgment, and have sufficient knowledge of the
use, handling, and storage of explosive materials to protect
the public safety. Licenses shall be issued for a period of
three years, but may be issued for shorter periods, and may be
revoked or suspended by the state fire marshal director for any
of the following reasons:
a. Falsification of information submitted in the application
for a license.
b. Proof that the licensee has violated any provisions of
this chapter or any rules prescribed by the state fire marshal
-969- director pursuant to the provisions of this chapter.
c. The results of a national criminal history check
conducted pursuant to subsection 3.
2. Licenses shall be issued by the state fire marshal
director upon payment of a fee of sixty dollars, valid for a
period of three calendar years, commencing on January 1 of the
first year and terminating on December 31 of the third year.
However, an initial license may be issued during a calendar
year for the number of months remaining in such calendar year
and the following two years, computed to the first day of the
month when the application for the license is approved. The
license fee shall be charged on a pro rata basis for the number
of months remaining in the period of issue. Applications for
renewal of licenses shall be submitted within thirty days prior
to the license expiration date and shall be accompanied by
payment of the prescribed fee.
Sec. 1543. Section 101A.3, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. User’s permits to purchase, possess, transport, store,
and detonate explosive materials shall be issued by the sheriff
of the county or the chief of police of a city of ten thousand
population or more where the possession and detonation will
occur. If the possession and detonation are to occur in more
than one county or city, then such permits must be issued by
the sheriff or chief of police of each of such counties or
cities, except in counties and cities in which the explosives
are possessed for the sole purpose of transporting them
through such counties and cities. A permit shall not be issued
unless the sheriff or chief of police having jurisdiction is
satisfied that possession and detonation of explosive materials
is necessary to the applicant’s business or to improve the
applicant’s property. Permits shall be issued only to persons
who, in the discretion of the sheriff or chief of police, are
of good character and sound judgment, and have sufficient
knowledge of the use and handling of explosive materials to
-970-protect the public safety. Applicants shall be subject to the
criminal history check provisions of section 101A.2, subsection
3. The state fire marshal director shall prescribe, have
printed, and distribute permit application forms to all local
permit issuing authorities.
2. The user’s permit shall state the quantity of explosive
materials which the permittee may purchase, the amount the
permittee may have in possession at any one time, the amount
the permittee may detonate at any one time, and the period of
time during which the purchase, possession, and detonation
of explosive materials is authorized. The permit shall also
specify the place where detonation may occur, the location and
description of the place where the explosive materials will
be stored, if such be the case, and shall contain such other
information as may be required under the rules and regulations
of the state fire marshal director. The permit shall not
authorize purchase, possession, and detonation of a quantity of
explosive materials in excess of that which is necessary in the
pursuit of the applicant’s business or the improvement of the
permittee’s property, nor shall such purchase, possession, and
detonation be authorized for a period longer than is necessary
for the specified purpose. In no event shall the permit be
valid for more than thirty days from date of issuance but it
may be renewed upon proper showing of necessity.
Sec. 1544. Section 101A.4, subsection 1, Code 2023, is
amended to read as follows:
1. Judicial review of the action of the state fire marshal
director may be sought in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A.
Sec. 1545. Section 101A.5, Code 2023, is amended to read as
follows:
101A.5 Rules — director duties.
1. The state fire marshal director shall adopt rules
pursuant to chapter 17A pertaining to the manufacture,
transportation, storage, possession, and use of explosive
-971-materials. Rules adopted by the state fire marshal director
shall be compatible with, but not limited to, the national
fire protection association’s pamphlet number 495 and federal
rules pertaining to commerce, possession, storage, and use of
explosive materials. Such rules shall do all of the following:
1. a. Prescribe reasonable standards for the safe
transportation and handling of explosive materials so as to
prevent accidental fires and explosions and prevent theft and
unlawful or unauthorized possession of explosive materials.
2. b. Prescribe procedures and methods of inventory so
as to assure accurate records of all explosive materials
manufactured or imported into the state and records of the
disposition of such explosive materials, including records of
the identity of persons to whom sales and transfers are made,
and the time and place of any loss or destruction of explosive
materials which might occur.
3. c. Prescribe reasonable standards for the safe
storage of explosive materials as may be necessary to prevent
accidental fires and explosions and prevent thefts and unlawful
or unauthorized possession of explosive materials.
4. d. Require such reports from licensees, permittees,
sheriffs, and chiefs of police as may be necessary for the
state fire marshal director to discharge the fire marshal’s
director’s duties pursuant to this chapter.
5. e. Prescribe the form and content of license and permit
applications.
6. 2. Conduct The director shall conduct such inspections
of licensees and permittees as may be necessary to enforce the
provisions of this chapter.
Sec. 1546. Section 101A.7, Code 2023, is amended to read as
follows:
101A.7 Inspection of storage facility.
1. The licensee’s or permittee’s explosives storage
facility shall be inspected at least once a year by a
representative of the state fire marshal’s office department
-972-of inspections, appeals, and licensing, except that the state
fire marshal director may, at those mining operations licensed
and regulated by the United States department of labor, accept
an approved inspection report issued by the United States
department of labor, mine safety and health administration, for
the twelve-month period following the issuance of the report.
The state fire marshal director shall notify the appropriate
city or county governing board of licenses to be issued in
their respective jurisdictions pursuant to this chapter. The
notification shall contain the name of the applicant to be
licensed, the location of the facilities to be used in storing
explosives, the types and quantities of explosive materials to
be stored, and other information deemed necessary by either
the governing boards or the state fire marshal director. The
facility may be examined at other times by the sheriff of the
county where the facility is located or by the local police
authority if the facility is located within a city of over
ten thousand population and if the sheriff or city council
considers it necessary.
2. If the state fire marshal director finds the facility
to be improperly secured, the licensee or permittee shall
immediately correct the improper security and, if not so
corrected, the state fire marshal director shall immediately
confiscate the stored explosives. Explosives may be
confiscated by the county sheriff or local police authority
only if a situation that is discovered during an examination by
those authorities is deemed to present an immediate danger. If
the explosives are confiscated by the county sheriff or local
police authority, they shall be delivered to the state fire
marshal director. The state fire marshal director shall hold
confiscated explosives for a period of thirty days under proper
security unless the period of holding is shortened pursuant to
this section.
3. If the licensee or permittee corrects the improper
security within the thirty-day period, the explosives shall
-973-be returned to the licensee or permittee after correction and
after the licensee or permittee has paid to the state an amount
equal to the expense incurred by the state in storing the
explosives during the period of confiscation. The amount of
expense shall be determined by the state fire marshal director.
4. If the improper security is not corrected during the
thirty-day period, the state fire marshal director shall
dispose of the explosives and the license or permit shall be
canceled. A canceled license or permit shall not be reissued
for a period of two years from the date of cancellation.
Sec. 1547. Section 101A.8, Code 2023, is amended to read as
follows:
101A.8 Report of theft or loss required.
Any theft or loss of explosive materials, whether from
a storage magazine, a vehicle in which they are being
transported, or from a site on which they are being used,
or from any other location, shall immediately be reported by
the person authorized to possess such explosives to the local
police or county sheriff. The local police or county sheriff
shall immediately transmit a report of such theft or loss of
explosive materials to the state fire marshal director.
Sec. 1548. Section 101A.9, Code 2023, is amended to read as
follows:
101A.9 Disposal regulated.
No person shall abandon or otherwise dispose of any
explosives in any manner which might, as the result of such
abandonment or disposal, create any danger or threat of danger
to life or property. Any person in possession or control of
explosives shall, when the need for such explosives no longer
exists, dispose of them in accordance with rules prescribed by
the state fire marshal director.
Sec. 1549. Section 101A.10, Code 2023, is amended to read
as follows:
101A.10 Persons and agencies exempt.
This chapter shall not apply to the transportation and
-974-use of explosive materials by the regular military or naval
forces of the United States, the duly organized militia of this
state, representatives of the state fire marshal director, the
state patrol, division of criminal investigation, local police
departments, sheriffs departments, and fire departments acting
in their official capacity; nor shall this chapter apply to
the transportation and use of explosive materials by any peace
officer to enforce provisions of this chapter when the peace
officer is acting pursuant to such authority, however, other
agencies of the state or any of its political subdivisions
desiring to purchase, possess, transport, or use explosive
materials for construction or other purposes shall be required
to obtain user’s permits.
Sec. 1550. Section 101A.12, Code 2023, is amended to read
as follows:
101A.12 Deposit and use of fees.
The fees collected by the state fire marshal director in
issuing licenses pursuant to this chapter shall be deposited in
the state general fund.
Sec. 1551. Section 101A.14, subsection 2, Code 2023, is
amended to read as follows:
2. Any person who violates the provisions of section 101A.6,
101A.8 or 101A.9 or any of the rules adopted by the state fire
marshal director pursuant to the provisions of this chapter,
commits a simple misdemeanor.
Sec. 1552. Section 101B.2, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of public safety
inspections, appeals, and licensing.
Sec. 1553. Section 101B.3, subsection 4, Code 2023, is
amended to read as follows:
4. The department of public safety shall administer
this chapter and may adopt rules pursuant to chapter 17A to
administer this chapter. This chapter shall be implemented in
accordance with the implementation and substance of the New
-975-York fire safety standards for cigarettes.
Sec. 1554. Section 101B.6, subsection 2, Code 2023, is
amended to read as follows:
2. A wholesaler or agent shall provide a copy of the
cigarette packaging markings received from a manufacturer to
all retailers to whom the wholesaler or agent sells cigarettes.
A wholesaler, agent, or retailer shall permit the state fire
marshal department, department of revenue, or the office of the
attorney general to inspect markings of cigarette packaging
marked in accordance with section 101B.7.
Sec. 1555. Section 101B.8, subsections 7, 8, and 9, Code
2023, are amended to read as follows:
7. In addition to any other remedy provided by law, the
department of public safety or the office of the attorney
general may file an action in district court for a violation of
this chapter, including petitioning for injunctive relief or to
recover any costs or damages suffered by the state because of a
violation of this chapter, including enforcement costs relating
to the specific violation and attorney fees. Each violation of
the chapter or of rules adopted under this chapter constitutes
a separate civil violation for which the department of public
safety or the office of the attorney general may seek relief.
8. The department of revenue in the regular course of
conducting inspections of a wholesaler, agent, or retailer
may inspect cigarettes in the possession or control of the
wholesaler, agent, or retailer or on the premises of any
wholesaler, agent, or retailer to determine if the cigarettes
are marked as required pursuant to section 101B.7. If the
cigarettes are not marked as required, the department of
revenue shall notify the department of public safety.
9. To enforce the provisions of this chapter, the department
of public safety and the office of the attorney general may
examine the books, papers, invoices, and other records of any
person in possession, control, or occupancy of any premises
where cigarettes are placed, sold, or offered for sale,
-976-including the stock of cigarettes on the premises.
Sec. 1556. Section 101B.10, subsection 1, Code 2023, is
amended to read as follows:
1. This chapter shall cease to be applicable if federal
fire safety standards for cigarettes that preempt this chapter
are enacted and take effect subsequent to January 1, 2009, and
the state fire marshal department shall notify the secretary of
state and the Code editor if such federal fire safety standards
for cigarettes are enacted.
Sec. 1557. Section 103.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 6B. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1558. Section 103.2, subsection 1, Code 2023, is
amended to read as follows:
1. An electrical examining board is created within the
division of state fire marshal of the department of public
safety. The board shall consist of eleven voting members
appointed by the governor and subject to senate confirmation,
all of whom shall be residents of this state. Except for the
board member enumerated in subsection 2, paragraph “e”, members
shall be appointed by the governor and subject to senate
confirmation.
Sec. 1559. Section 103.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. a. The board shall elect annually from
its members a chairperson and a vice chairperson.
b. The board shall hold at least one meeting quarterly at
the location of the board’s principal office, and meetings
shall be called at other times by the chairperson or four
members of the board. At any meeting of the board, a majority
of members constitutes a quorum.
-977- Sec. 1560. Section 103.4, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
103.4 Executive secretary — staff and duties.
The director shall appoint an executive secretary for the
board and shall hire and provide staff to assist the board
in administering this chapter. The executive secretary
shall report to the director for purposes of routine board
administrative functions, and shall report directly to
the board for purposes of execution of board policy such
as application of licensing criteria and processing of
applications.
Sec. 1561. Section 103.7, Code 2023, is amended to read as
follows:
103.7 Electrician and installer licensing and inspection
fund.
An electrician and installer licensing and inspection fund
is created in the state treasury as a separate fund under the
control of the board. All licensing, examination, renewal,
and inspection fees shall be deposited into the fund and
retained by and for the use of the board. Expenditures from
the fund shall be approved by the sole authority of the board
in consultation with the state fire marshal director. Amounts
deposited into the fund shall be considered repayment receipts
as defined in section 8.2. Notwithstanding section 8.33, any
balance in the fund on June 30 of each fiscal year shall not
revert to the general fund of the state, but shall remain
available for the purposes of this chapter in subsequent fiscal
years. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys deposited in the fund shall be credited
to the fund.
Sec. 1562. Section 103.14, Code 2023, is amended to read as
follows:
103.14 Alarm installations.
A person who is not licensed pursuant to this chapter may
plan, lay out, or install electrical wiring, apparatus, and
-978-equipment for components of alarm systems that operate at
seventy volt/amps (VA) or less, only if the person is certified
to conduct such work pursuant to chapter 100C. Installations
of alarm systems that operate at seventy volt/amps (VA) or less
are subject to inspection by state inspectors as provided in
section 103.31, except that reports of such inspections, if
the installation being inspected was performed by a person
certified pursuant to chapter 100C, shall be submitted to
the state fire marshal director and any action taken on a
report of an inspection of an installation performed by a
person certified pursuant to chapter 100C shall be taken by
or at the direction of the state fire marshal, unless the
installation has been found to exceed the authority granted to
the certificate holder pursuant to chapter 100C and therefore
to be in violation of this chapter.
Sec. 1563. Section 103.25, subsection 1, Code 2023, is
amended to read as follows:
1. At or before commencement of any installation required
to be inspected by the board, the licensee or property owner
making such installation shall submit to the state fire
marshal’s office department a request for inspection. The
board shall prescribe the methods by which the request may be
submitted, which may include electronic submission or through
a form prescribed by the board that can be submitted either
through the mail or by a fax transmission. The board shall
also prescribe methods by which inspection fees can be paid,
which may include electronic methods of payment. If the board
or the state fire marshal’s office department becomes aware
that a person has failed to file a necessary request for
inspection, the board shall send a written notification by
certified mail that the request must be filed within fourteen
days. Any person filing a late request for inspection shall
pay a delinquency fee in an amount to be determined by the
board. A person who fails to file a late request within
fourteen days from receipt of the notification shall be subject
-979-to a civil penalty to be determined by the board by rule.
Sec. 1564. Section 103.26, Code 2023, is amended to read as
follows:
103.26 Condemnation — disconnection — opportunity to
correct noncompliance.
If the inspector finds that any installation or portion of
an installation is not in compliance with accepted standards
of construction for health safety and property safety, based
upon minimum standards set forth in the local electrical
code or the national electrical code adopted by the board
pursuant to section 103.6, the inspector shall by written
order condemn the installation or noncomplying portion or
order service to such installation disconnected and shall
send a copy of such order to the board, the state fire
marshal director, and the electrical utility supplying power
involved. If the installation or the noncomplying portion is
such as to seriously and proximately endanger human health
or property, the order of the inspector when approved by the
inspector’s supervisor shall require immediate condemnation
and disconnection by the applicant. In all other cases, the
order of the inspector shall establish a reasonable period
of time for the installation to be brought into compliance
with accepted standards of construction for health safety and
property safety prior to the effective date established in such
order for condemnation or disconnection.
Sec. 1565. Section 103.31, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. State inspection procedures and policies shall be
established by the board. The state fire marshal director, or
the state fire marshal’s director’s designee, shall enforce
the procedures and policies, and enforce the provisions of the
national electrical code adopted by the board.
4. Except when an inspection reveals that an installation or
portion of an installation is not in compliance with accepted
standards of construction for health safety and property
-980-safety, based upon minimum standards set forth in the local
electrical code or the national electrical code adopted by
the board pursuant to section 103.6, such that an order of
condemnation or disconnection is warranted pursuant to section
103.26, an inspector shall not add to, modify, or amend a
construction plan as originally approved by the state fire
marshal director or the state building code commissioner in the
course of conducting an inspection.
5. Management and supervision of inspectors, including
hiring decisions, disciplinary action, promotions, and work
schedules are the responsibility of the state fire marshal
director acting in accordance with applicable law and pursuant
to any applicable collective bargaining agreement. The state
fire marshal director and the board shall jointly determine
work territories, regions, or districts for inspectors
and continuing education and ongoing training requirements
applicable to inspectors. An inspector subject to disciplinary
action pursuant to this subsection shall be entitled to an
appeal according to the procedure set forth in section 103.34
and judicial review pursuant to section 17A.19.
Sec. 1566. Section 103.32, subsection 3, Code 2023, is
amended to read as follows:
3. When an inspection is requested by a property owner,
the minimum fee shall be thirty dollars plus five dollars
per branch circuit or feeder. The fee for fire and accident
inspections shall be computed at the rate of forty-seven
dollars per hour, and mileage and other expenses shall be
reimbursed as provided by the office of the state fire marshal
department.
Sec. 1567. Section 103.33, subsection 1, Code 2023, is
amended to read as follows:
1. Any person aggrieved by a condemnation or disconnection
order issued by the state fire marshal’s office department may
appeal from the order by filing a written notice of appeal with
the board within ten days after the date the order was served
-981-upon the property owner or within ten days after the order was
filed with the board, whichever is later.
Sec. 1568. Section 103A.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 6B. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1569. Section 103A.4, Code 2023, is amended to read as
follows:
103A.4 Building code commissioner.
The commissioner of public safety director, in addition
to other duties, shall serve as the state building code
commissioner or may designate a building code commissioner.
Sec. 1570. Section 103A.23, subsection 1, Code 2023, is
amended to read as follows:
1. For the purpose of obtaining revenue to defray the
costs of administering the provisions of this chapter, the
commissioner shall establish by rule a schedule of fees based
upon the costs of administration which fees shall be collected
from persons whose manufacture, installation, or construction
is subject to the provisions of the state building code. For
the performance of building plan reviews by the department
of public safety, the commissioner shall establish by rule a
fee, chargeable to the owner of the building, which shall be
equal to a percentage of the estimated total valuation of the
building and which shall be in an amount reasonably related to
the cost of conducting the review.
Sec. 1571. Section 103A.54, Code 2023, is amended to read
as follows:
103A.54 Fees.
Notwithstanding section 103A.23, the department of
public safety shall retain all fees collected pursuant to
this subchapter and the fees retained are appropriated to
-982-the commissioner to administer the licensing program and
the certification program for manufactured or mobile home
installers, including the employment of personnel for the
enforcement and administration of such programs.
Sec. 1572. Section 105.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1573. Section 105.3, subsection 1, Code 2023, is
amended to read as follows:
1. A plumbing and mechanical systems board is created within
the Iowa department of public health.
Sec. 1574. Section 105.3, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The board shall be comprised of eleven twelve voting
members, appointed by the governor, as follows:
Sec. 1575. Section 105.3, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The director of public health and human services or the
director’s designee.
Sec. 1576. Section 105.3, subsection 2, paragraph a, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (2A) The director of the department of
inspections, appeals, and licensing or the director’s designee.
Sec. 1577. Section 105.3, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The board members enumerated in paragraph a “a”,
subparagraphs (3) through (9), are shall be appointed by the
governor and subject to confirmation by the senate.
Sec. 1578. Section 105.4, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The board shall establish by rule a plumbing installation
code governing the installation of plumbing in this state.
Consistent with fire safety rules and standards promulgated
-983-by the state fire marshal department, the board shall adopt
the most current version of the uniform plumbing code and the
international mechanical code, as the state plumbing code
and the state mechanical code, to govern the installation of
plumbing and mechanical systems in this state. The board shall
adopt the current version of each code within six months of its
being released. The board may adopt amendments to each code by
rule. The board shall work in consultation with the state fire
marshal department to ensure that proposed amendments do not
conflict with the fire safety rules and standards promulgated
by the state fire marshal department. The state plumbing
code and the state mechanical code shall be applicable to all
buildings and structures owned by the state or an agency of the
state and in each local jurisdiction.
Sec. 1579. Section 105.12, subsection 1, Code 2023, is
amended to read as follows:
1. A contracting, plumbing, mechanical, HVAC-refrigeration,
sheet metal, or hydronic license shall be in the form of a
certificate under the seal of the department, signed by the
director of public health the department, and shall be issued
in the name of the board. The license number shall be noted on
the face of the license.
Sec. 1580. Section 135.11A, Code 2023, is amended to read
as follows:
135.11A Professional licensure division — other licensing
Licensing boards — expenses — fees.
1. There shall be a professional licensure division within
the department of public health. Each board under chapter
chapters 100C, 103, 103A, 105, or 147 or that are under the
administrative authority of the department, except the board
of nursing, board of medicine, dental board, and board of
pharmacy, shall receive administrative and clerical support
from the division department and may not employ its own support
staff for administrative and clerical duties. The executive
director of the board of nursing, board of medicine, dental
-984-board, and board of pharmacy shall be appointed pursuant to
section 135.11B.
2. The professional licensure division department and the
licensing boards referenced in subsection 1 may expend funds in
addition to amounts budgeted, if those additional expenditures
are directly the result of actual examination and exceed funds
budgeted for examinations. Before the division department or a
licensing board expends or encumbers an amount in excess of the
funds budgeted for examinations, the director of the department
of management shall approve the expenditure or encumbrance.
Before approval is given, the department of management shall
determine that the examination expenses exceed the funds
budgeted by the general assembly to the division department
or board and the division department or board does not have
other funds from which examination expenses can be paid.
Upon approval of the department of management, the division
department or licensing board may expend and encumber funds for
excess examination expenses. The amounts necessary to fund
the excess examination expenses shall be collected as fees
from additional examination applicants and shall be treated as
repayment receipts as defined in section 8.2.
Sec. 1581. Section 135.24, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Procedures for registration of health care providers
deemed qualified by the board of medicine, the board of
physician assistants, the dental board, the board of nursing,
the board of chiropractic, the board of psychology, the board
of social work, the board of behavioral science, the board
of pharmacy, the board of optometry, the board of podiatry,
the board of physical and occupational therapy, the board of
respiratory care and polysomnography, and the Iowa department
of public health inspections, appeals, and licensing, as
applicable.
Sec. 1582. Section 135.31, Code 2023, is amended to read as
follows:
-985- 135.31 Location of boards — rulemaking.
The offices for the board of medicine, the board of pharmacy,
the board of nursing, and the dental board shall be located
within the department of public health. The individual boards
shall have policymaking and rulemaking authority.
Sec. 1583. Section 135.37, Code 2023, is amended to read as
follows:
135.37 Tattooing — permit requirement — penalty.
1. A person shall not own, control and lease, act as an
agent for, conduct, manage, or operate an establishment to
practice the art of tattooing or engage in the practice of
tattooing without first applying for and receiving a permit
from the Iowa department of public health.
2. A minor shall not obtain a tattoo and a person shall
not provide a tattoo to a minor. For the purposes of this
section, “minor” means an unmarried person who is under the age
of eighteen years.
3. A person who fails to meet the requirements of subsection
1 or a person providing a tattoo to a minor is guilty of a
serious misdemeanor.
4. The Iowa department of public health shall:
a. Adopt rules pursuant to chapter 17A and establish and
collect all fees necessary to administer this section. The
provisions of chapter 17A, including licensing provisions,
judicial review, and appeal, shall apply to this chapter
section.
b. Establish minimum safety and sanitation criteria for the
operation of tattooing establishments.
5. If the Iowa department of public health determines that
a provision of this section has been or is being violated, the
department may order that a tattooing establishment not be
operated until the necessary corrective action has been taken.
If the establishment continues to be operated in violation of
the order of the department, the department may request that
the county attorney or the attorney general make an application
-986-in the name of the state to the district court of the county
in which the violations have occurred for an order to enjoin
the violations. This remedy is in addition to any other legal
remedy available to the department.
6. As necessary to avoid duplication and promote
coordination of public health inspection and enforcement
activities, the department may enter into agreements with
local boards of health to provide for inspection of tattooing
establishments and enforcement activities in accordance with
the rules and criteria implemented under this section.
Sec. 1584. Section 135.61, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this subchapter part, unless the context
otherwise requires:
Sec. 1585. Section 135.61, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Each institutional health facility or health maintenance
organization which, prior to receipt of the application by the
department, has formally indicated to the department pursuant
to this subchapter part an intent to furnish in the future
institutional health services similar to the new institutional
health service proposed in the application.
Sec. 1586. Section 135.61, subsection 4, Code 2023, is
amended to read as follows:
4. “Council” means the state health facilities council
established by this subchapter part.
Sec. 1587. Section 135.61, subsections 5 and 7, Code 2023,
are amended by striking the subsections.
Sec. 1588. Section 135.62, subsection 1, Code 2023, is
amended to read as follows:
1. This subchapter part shall be administered by the
department. The director shall employ or cause to be employed
the necessary persons to discharge the duties imposed on the
department by this subchapter part.
Sec. 1589. Section 135.62, subsection 2, paragraph e,
-987-subparagraphs (2), (4), and (5), Code 2023, are amended to read
as follows:
(2) Determine and adopt such policies as are authorized by
law and are deemed necessary to the efficient discharge of its
duties under this subchapter part.
(4) Advise and counsel with the director concerning
the provisions of this subchapter part and the policies
and procedures adopted by the department pursuant to this
subchapter part.
(5) Review and approve, prior to promulgation, all rules
adopted by the department under this subchapter part.
Sec. 1590. Section 135.63, subsection 1, Code 2023, is
amended to read as follows:
1. A new institutional health service or changed
institutional health service shall not be offered or developed
in this state without prior application to the department
for and receipt of a certificate of need, pursuant to this
subchapter part. The application shall be made upon forms
furnished or prescribed by the department and shall contain
such information as the department may require under this
subchapter part. The application shall be accompanied
by a fee equivalent to three-tenths of one percent of the
anticipated cost of the project with a minimum fee of six
hundred dollars and a maximum fee of twenty-one thousand
dollars. The fee shall be remitted by the department to the
treasurer of state, who shall place it in the general fund of
the state. If an application is voluntarily withdrawn within
thirty calendar days after submission, seventy-five percent
of the application fee shall be refunded; if the application
is voluntarily withdrawn more than thirty but within sixty
days after submission, fifty percent of the application fee
shall be refunded; if the application is withdrawn voluntarily
more than sixty days after submission, twenty-five percent of
the application fee shall be refunded. Notwithstanding the
required payment of an application fee under this subsection,
-988-an applicant for a new institutional health service or a
changed institutional health service offered or developed by
an intermediate care facility for persons with an intellectual
disability or an intermediate care facility for persons with
mental illness as defined pursuant to section 135C.1 is exempt
from payment of the application fee.
Sec. 1591. Section 135.63, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
This subchapter part shall not be construed to augment,
limit, contravene, or repeal in any manner any other statute
of this state which may authorize or relate to licensure,
regulation, supervision, or control of, nor to be applicable
to:
Sec. 1592. Section 135.63, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. A residential care facility, as defined in section
135C.1, including a residential care facility for persons with
an intellectual disability, notwithstanding any provision in
this subchapter part to the contrary.
Sec. 1593. Section 135.63, subsection 2, paragraph g,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
A reduction in bed capacity of an institutional health
facility, notwithstanding any provision in this subchapter part
to the contrary, if all of the following conditions exist:
Sec. 1594. Section 135.63, subsection 2, paragraph h,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The deletion of one or more health services, previously
offered on a regular basis by an institutional health facility
or health maintenance organization, notwithstanding any
provision of this subchapter part to the contrary, if all of
the following conditions exist:
Sec. 1595. Section 135.63, subsection 2, paragraph j, Code
2023, is amended to read as follows:
-989- j. The construction, modification, or replacement of
nonpatient care services, including parking facilities,
heating, ventilation and air conditioning systems, computers,
telephone systems, medical office buildings, and other projects
of a similar nature, notwithstanding any provision in this
subchapter part to the contrary.
Sec. 1596. Section 135.63, subsection 2, paragraph k,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The redistribution of beds by a hospital within the acute
care category of bed usage, notwithstanding any provision in
this subchapter part to the contrary, if all of the following
conditions exist:
Sec. 1597. Section 135.63, subsection 2, paragraph l,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The replacement or modernization of any institutional health
facility if the replacement or modernization does not add new
health services or additional bed capacity for existing health
services, notwithstanding any provision in this subchapter
part to the contrary. With respect to a nursing facility,
“replacement” means establishing a new facility within the same
county as the prior facility to be closed. With reference to
a hospital, “replacement” means establishing a new hospital
that demonstrates compliance with all of the following criteria
through evidence submitted to the department:
Sec. 1598. Section 135.63, subsection 2, paragraphs m and n,
Code 2023, are amended to read as follows:
m. Hemodialysis services provided by a hospital or
freestanding facility, notwithstanding any provision in this
subchapter part to the contrary.
n. Hospice services provided by a hospital, notwithstanding
any provision in this subchapter part to the contrary.
Sec. 1599. Section 135.63, subsection 2, paragraph p,
unnumbered paragraph 1, Code 2023, is amended to read as
-990-follows:
The conversion of an existing number of beds by an
intermediate care facility for persons with an intellectual
disability to a smaller facility environment, including but not
limited to a community-based environment which does not result
in an increased number of beds, notwithstanding any provision
in this subchapter part to the contrary, including subsection
4, if all of the following conditions exist:
Sec. 1600. Section 135.63, subsection 3, Code 2023, is
amended to read as follows:
3. This subchapter part shall not be construed to be
applicable to a health care facility operated by and for the
exclusive use of members of a religious order, which does
not admit more than two individuals to the facility from the
general public, and which was in operation prior to July 1,
1986. However, this subchapter part is applicable to such
a facility if the facility is involved in the offering or
developing of a new or changed institutional health service on
or after July 1, 1986.
Sec. 1601. Section 135.63, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A copy of the application shall be sent to the department
of health and human services at the time the application
is submitted to the Iowa department of public health. The
department shall not process applications for and the council
shall not consider a new or changed institutional health
service for an intermediate care facility for persons with an
intellectual disability unless both of the following conditions
are met:
Sec. 1602. Section 135.64, subsection 3, Code 2023, is
amended to read as follows:
3. In the evaluation of applications for certificates
of need submitted by the university of Iowa hospitals and
clinics, the unique features of that institution relating to
statewide tertiary health care, health science education, and
-991-clinical research shall be given due consideration. Further,
in administering this subchapter part, the unique capacity of
university hospitals for the evaluation of technologically
innovative equipment and other new health services shall be
utilized.
Sec. 1603. Section 135.72, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department shall adopt, with approval of the council,
such administrative rules as are necessary to enable it to
implement this subchapter part. These rules shall include:
Sec. 1604. Section 135.73, subsection 1, Code 2023, is
amended to read as follows:
1. Any party constructing a new institutional health
facility or an addition to or renovation of an existing
institutional health facility without first obtaining a
certificate of need or, in the case of a mobile health service,
ascertaining that the mobile health service has received
certificate of need approval, as required by this subchapter
part, shall be denied licensure or change of licensure by the
appropriate responsible licensing agency of this state.
Sec. 1605. Section 135.73, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A party violating this subchapter part shall be subject
to penalties in accordance with this section. The
department shall adopt rules setting forth the violations by
classification, the criteria for the classification of any
violation not listed, and procedures for implementing this
subsection.
Sec. 1606. Section 135.73, subsection 3, Code 2023, is
amended to read as follows:
3. Notwithstanding any other sanction imposed pursuant
to this section, a party offering or developing any new
institutional health service or changed institutional health
service without first obtaining a certificate of need as
required by this subchapter part may be temporarily or
-992-permanently restrained from doing so by any court of competent
jurisdiction in any action brought by the state, any of its
political subdivisions, or any other interested person.
Sec. 1607. Section 135.74, subsection 3, Code 2023, is
amended to read as follows:
3. The department shall, where appropriate, provide for
modification, consistent with the purposes of this subchapter
part, of reporting requirements to correctly reflect the
differences among hospitals and among health care facilities
referred to in subsection 2, and to avoid otherwise unduly
burdensome costs in meeting the requirements of uniform methods
of financial reporting.
Sec. 1608. Section 135.75, subsection 2, Code 2023, is
amended to read as follows:
2. Where more than one licensed hospital or health
care facility is operated by the reporting organization,
the information required by this section shall be reported
separately for each licensed hospital or health care facility.
The department shall require preparation of specified financial
reports by a certified public accountant, and may require
attestation of responsible officials of the reporting hospital
or health care facility that the reports submitted are to the
best of their knowledge and belief prepared in accordance with
the prescribed methods of reporting. The department shall
have the right to inspect the books, audits and records of any
hospital or health care facility as reasonably necessary to
verify reports submitted pursuant to this subchapter part.
Sec. 1609. Section 135.76, subsection 1, Code 2023, is
amended to read as follows:
1. The department shall from time to time undertake analyses
and studies relating to hospital and health care facility
costs and to the financial status of hospitals or health care
facilities, or both, which are subject to the provisions of
this subchapter part. It shall further require the filing
of information concerning the total financial needs of each
-993-individual hospital or health care facility and the resources
currently or prospectively available to meet these needs,
including the effect of proposals made by health systems
agencies. The department shall also prepare and file such
summaries and compilations or other supplementary reports based
on the information filed with it as will, in its judgment,
advance the purposes of this subchapter part.
Sec. 1610. Section 135C.2, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. The rules adopted for intermediate care facilities for
persons with an intellectual disability shall be consistent
with, but no more restrictive than, the federal standards for
intermediate care facilities for persons with an intellectual
disability established pursuant to the federal Social Security
Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
January 1, 1989. However, in order for an intermediate care
facility for persons with an intellectual disability to be
licensed, the state fire marshal director must certify to the
department that the facility meets the applicable provisions
of the rules adopted for such facilities by the state fire
marshal director. The state fire marshal’s director’s rules
shall be based upon such a facility’s compliance with either
the provisions applicable to health care occupancies or
residential board and care occupancies of the life safety code
of the national fire protection association, 2000 edition. The
department shall adopt additional rules for intermediate care
facilities for persons with an intellectual disability pursuant
to section 135C.14, subsection 8.
Sec. 1611. Section 135C.2, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. A facility must be located in an area zoned for single or
multiple-family housing or in an unincorporated area and must
be constructed in compliance with applicable local requirements
and the rules adopted for the special classification by the
state fire marshal director in accordance with the concept of
-994-the least restrictive environment for the facility residents.
Local requirements shall not be more restrictive than the
rules adopted for the special classification by the state fire
marshal director and the state building code requirements for
single or multiple-family housing, under section 103A.7.
Sec. 1612. Section 135C.5, Code 2023, is amended to read as
follows:
135C.5 Limitations on use.
Another business or activity serving persons other than
the residents of a health care facility may be operated or
provided in a designated part of the physical structure of
the health care facility if the other business or activity
meets the requirements of applicable state and federal
laws, administrative rules, and federal regulations. The
department shall not limit the ability of a health care
facility to operate or provide another business or activity
in the designated part of the facility if the business or
activity does not interfere with the use of the facility by the
residents or with the services provided to the residents, and
is not disturbing to the residents. In denying the ability of
a health care facility to operate or provide another business
or activity under this section, the burden of proof shall be
on the department to demonstrate that the other business or
activity substantially interferes with the use of the facility
by the residents or the services provided to the residents,
or is disturbing to the residents. The state fire marshal
director, in accordance with chapter 17A, shall adopt rules
which establish criteria for approval of a business or activity
to be operated or provided in a designated part of the physical
structure of a health care facility. For the purposes of
this section, “another business or activity” shall not include
laboratory services with the exception of laboratory services
for which a waiver from regulatory oversight has been obtained
under the federal Clinical Laboratory Improvement Amendments of
1988, Pub.L. No.100-578, as amended, radiological services,
-995-anesthesiology services, obstetrical services, surgical
services, or emergency room services provided by hospitals
licensed under chapter 135B.
Sec. 1613. Section 135C.9, Code 2023, is amended to read as
follows:
135C.9 Inspection before issuance — notice of deficiencies.
1. The department shall not issue a health care facility
license to any applicant until:
a. The department has ascertained that the staff and
equipment of the facility is adequate to provide the care and
services required of a health care facility of the category
for which the license is sought. Prior to the review and
approval of plans and specifications for any new facility
and the initial licensing under a new licensee, a resume of
the programs and services to be furnished and of the means
available to the applicant for providing the same and for
meeting requirements for staffing, equipment, and operation
of the health care facility, with particular reference to the
professional requirements for services to be rendered, shall be
submitted in writing to the department for review and approval.
The resume shall be reviewed by the department within ten
working days and returned to the applicant. The resume shall,
upon the department’s request, be revised as appropriate by the
facility from time to time after issuance of a license.
b. The facility has been inspected by the state fire marshal
or a deputy appointed by the fire marshal for that purpose
director, who may be a member of a municipal fire department,
and the department has received either a certificate of
compliance or a provisional certificate of compliance by
the facility with the fire hazard and fire safety rules and
standards of the department as promulgated by the fire marshal
director and, where applicable, the fire safety standards
required for participation in programs authorized by either
Tit.XVIII or Tit.XIX of the United States Social Security
Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
-996-certificate or provisional certificate shall be signed by the
fire marshal director or the fire marshal’s deputy director’s
designee who made the inspection. If the state fire marshal
or a deputy director finds a deficiency upon inspection, the
notice to the facility shall be provided in a timely manner
and shall specifically describe the nature of the deficiency,
identifying the Code section or subsection or the rule or
standard violated. The notice shall also specify the time
allowed for correction of the deficiency, at the end of which
time the fire marshal or a deputy director shall perform a
follow-up inspection.
2. The rules and standards promulgated by the fire marshal
director pursuant to subsection 1, paragraph “b” of this section
shall be substantially in keeping with the latest generally
recognized safety criteria for the facilities covered, of which
the applicable criteria recommended and published from time
to time by the national fire protection association shall be
prima facie evidence. The rules and standards promulgated by
the fire marshal director shall be promulgated in consultation
with the department and shall, to the greatest extent possible,
be consistent with rules adopted by the department under this
chapter.
3. The state fire marshal or the fire marshal’s deputy
director may issue successive provisional certificates of
compliance for periods of one year each to a facility which is
in substantial compliance with the applicable fire hazard and
fire safety rules and standards, upon satisfactory evidence
of an intent, in good faith, by the owner or operator of the
facility to correct the deficiencies noted upon inspection
within a reasonable period of time as determined by the state
fire marshal or the fire marshal’s deputy director. Renewal
of a provisional certificate shall be based on a showing
of substantial progress in eliminating deficiencies noted
upon the last previous inspection of the facility without
the appearance of additional deficiencies other than those
-997-arising from changes in the fire hazard and fire safety rules,
regulations and standards which have occurred since the last
previous inspection, except that substantial progress toward
achievement of a good faith intent by the owner or operator to
replace the entire facility within a reasonable period of time,
as determined by the state fire marshal or the fire marshal’s
deputy director, may be accepted as a showing of substantial
progress in eliminating deficiencies, for the purposes of this
section.
4. If a facility subject to licensure under this chapter,
a facility exempt from licensure under this chapter pursuant
to section 135C.6, or a family home under section 335.25
or 414.22, has been issued a certificate of compliance or
a provisional certificate of compliance under subsection
1 or 3, or has otherwise been approved as complying with
a rule or standard by the state or a deputy fire marshal
the director or a local building department as defined in
section 103A.3, the state or deputy fire marshal director
or local building department which issued the certificate,
provisional certificate, or approval shall not apply additional
requirements for compliance with the rule or standard unless
the rule or standard is revised in accordance with chapter 17A
or with local regulatory procedure following issuance of the
certificate, provisional certificate, or approval.
Sec. 1614. Section 135C.14, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department shall, in accordance with chapter 17A
and with the approval of the state board of health, adopt
and enforce rules setting minimum standards for health care
facilities. In so doing, the department, with the approval
of the state board of health, may adopt by reference, with
or without amendment, nationally recognized standards and
rules, which shall be specified by title and edition, date
of publication, or similar information. The rules and
standards required by this section shall be formulated in
-998-consultation with the director of health and human services or
the director’s director of health and human services’ designee,
with the state fire marshal director, and with affected
industry, professional, and consumer groups, and shall be
designed to further the accomplishment of the purposes of this
chapter and shall relate to:
Sec. 1615. Section 135C.14, subsection 1, Code 2023, is
amended to read as follows:
1. Location and construction of the facility, including
plumbing, heating, lighting, ventilation, and other housing
conditions, which shall ensure the health, safety and comfort
of residents and protection from fire hazards. The rules of
the department relating to protection from fire hazards and
fire safety shall be promulgated by the state fire marshal
director in consultation with the department, and shall be in
keeping with the latest generally recognized safety criteria
for the facilities covered of which the applicable criteria
recommended and published from time to time by the national
fire protection association are prima facie evidence. To
the greatest extent possible, the rules promulgated by the
state fire marshal director shall be consistent with the rules
adopted by the department under this chapter.
Sec. 1616. Section 135C.16, subsection 3, Code 2023, is
amended to read as follows:
3. An authorized representative of the department may
enter any licensed health care facility without a warrant,
and may examine all records pertaining to the care provided
residents of the facility. An authorized representative of the
department may contact or interview any resident, employee, or
any other person who might have knowledge about the operation
of a health care facility. An authorized representative of
the department of human services shall have the same right
with respect to any facility where one or more residents are
cared for entirely or partially at public expense, and an
authorized representative of the designated protection and
-999-advocacy agency shall have the same right with respect to
any facility where one or more residents have developmental
disabilities or mental illnesses, and the state fire marshal or
a deputy appointed pursuant to section 135C.9, subsection 1,
paragraph “b”, director shall have the same right of entry into
any facility and the right to inspect any records pertinent
to fire safety practices and conditions within that facility,
and an authorized representative of the office of long-term
care ombudsman shall have the same right with respect to any
nursing facility or residential care facility. If any such
authorized representative has probable cause to believe that
any institution, building, or agency not licensed as a health
care facility is in fact a health care facility as defined
by this chapter, and upon producing identification that the
individual is an authorized representative is denied entry
thereto for the purpose of making an inspection, the authorized
representative may, with the assistance of the county attorney
of the county in which the purported health care facility is
located, apply to the district court for an order requiring
the owner or occupant to permit entry and inspection of the
premises to determine whether there have been any violations of
this chapter.
Sec. 1617. Section 135C.17, Code 2023, is amended to read
as follows:
135C.17 Duties of other departments.
It shall be the duty of the department of human services,
state fire marshal, office of long-term care ombudsman, and
the officers and agents of other state and local governmental
units, and the designated protection and advocacy agency to
assist the department in carrying out the provisions of this
chapter, insofar as the functions of these respective offices
and departments are concerned with the health, welfare, and
safety of any resident of any health care facility. It shall
be the duty of the department to cooperate with the protection
and advocacy agency and the office of long-term care ombudsman
-1000-by responding to all reasonable requests for assistance and
information as required by federal law and this chapter.
Sec. 1618. Section 135I.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1619. Section 135K.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1620. Section 136D.2, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
2. “Director” means the director of public health the
department of inspections, appeals, and licensing, or the
director’s designee.
Sec. 1621. Section 137C.35, subsection 2, Code 2023, is
amended to read as follows:
2. A bed and breakfast inn is subject to regulation,
licensing, and inspection under this chapter, but separate
toilet and lavatory facilities shall not be required for each
guest room. Additionally, a bed and breakfast inn is exempt
from fire safety rules adopted pursuant to section 100.35 and
applicable to hotels, but is subject to fire safety rules which
the state fire marshal director shall specifically adopt for
bed and breakfast inns.
Sec. 1622. Section 138.1, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
5. “Director” means the director of public health the
department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1623. Section 147.1, subsection 2, Code 2023, is
-1001-amended to read as follows:
2. “Department” means the department of public health
inspections, appeals, and licensing.
Sec. 1624. Section 147.82, Code 2023, is amended to read as
follows:
147.82 Fee retention.
All fees collected by a board listed in section 147.13 or
by the department for the bureau of professional licensure,
and fees collected pursuant to sections 124.301 and 147.80 and
chapter 155A by the board of pharmacy, shall be retained by
each board or by the department for the bureau of professional
licensure. The moneys retained by a board shall be used for
any of the board’s duties, including but not limited to the
addition of full-time equivalent positions for program services
and investigations. Revenues retained by a board pursuant
to this section shall be considered repayment receipts as
defined in section 8.2. Notwithstanding section 8.33, moneys
retained by a board pursuant to this section are not subject to
reversion to the general fund of the state.
Sec. 1625. Section 148C.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of public health
inspections, appeals, and licensing.
Sec. 1626. Section 152B.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1627. Section 154A.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1628. Section 154B.8, Code 2023, is amended to read as
follows:
154B.8 Voluntary surrender of license.
The director of public health the department of inspections,
-1002-appeals, and licensing may accept the voluntary surrender of
license if accompanied by a written statement of intention.
The voluntary surrender, when accepted, shall have the same
force and effect as an order of revocation.
Sec. 1629. Section 154B.13, subsection 2, Code 2023, is
amended to read as follows:
2. The board shall appoint a prescribing psychologist
rules subcommittee comprised of a psychologist appointed by
the board, a physician appointed by the board of medicine, and
a member of the public appointed by the director of public
health the department of inspections, appeals, and licensing to
develop rules for consideration by the board pursuant to this
section.
Sec. 1630. Section 154E.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1631. Section 155A.13, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. An applicant seeking a special or limited-use pharmacy
license for a proposed telepharmacy site that does not meet the
mileage requirement established in paragraph “c” and is not
statutorily exempt from the mileage requirement may apply to
the board for a waiver of the mileage requirement. A waiver
request shall only be granted if the applicant can demonstrate
to the board that the proposed telepharmacy site is located in
an area where there is limited access to pharmacy services and
can establish the existence of compelling circumstances that
justify waiving the mileage requirement. The board’s decision
to grant or deny a waiver request shall be a proposed decision
subject to mandatory review by the director of public health
the department of inspections, appeals, and licensing. The
director shall review a proposed decision and shall have the
power to approve, modify, or veto a proposed decision. The
director’s decision on a waiver request shall be considered
-1003-final agency action subject to judicial review under chapter
17A.
Sec. 1632. Section 156.1A, Code 2023, is amended to read as
follows:
156.1A Provision of services.
Nothing contained in this chapter shall be construed
as prohibiting the operation of any funeral home, funeral
establishment, or cremation establishment by any person,
heir, fiduciary, firm, cooperative burial association, or
corporation. However, each such person, firm, cooperative
burial association, or corporation shall ensure that
all mortuary science services are provided by a funeral
director, and shall keep the Iowa department of public health
inspections, appeals, and licensing advised of the name of the
funeral director.
Sec. 1633. Section 156.10, Code 2023, is amended to read as
follows:
156.10 Inspection.
1. The director of public health the department of
inspections, appeals, and licensing may inspect all places
where dead human bodies are prepared or held for burial,
entombment, or cremation, and may adopt and enforce such rules
and regulations in connection with the inspection as may be
necessary for the preservation of the public health.
2. The Iowa department of public health inspections,
appeals, and licensing may assess an inspection fee for an
inspection of a place where dead human bodies are prepared
for burial or cremation. The fee may be determined by the
department by rule.
Sec. 1634. Section 157.1, subsection 7, Code 2023, is
amended to read as follows:
7. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1635. Section 157.7, subsections 1 and 2, Code 2023,
are amended to read as follows:
-1004- 1. The department of inspections and appeals shall
employ personnel pursuant to chapter 8A, subchapter IV, to
perform duties related to inspection functions under this
chapter. The department of inspections and appeals shall, when
possible, integrate inspection efforts under this chapter with
inspections conducted under chapter 158.
2. The Iowa department of public health may employ clerical
assistants pursuant to chapter 8A, subchapter IV, to administer
and enforce this chapter. The costs and expenses of the
clerical assistants shall be paid from funds appropriated to
the department of public health.
Sec. 1636. Section 158.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1637. Section 158.6, Code 2023, is amended to read as
follows:
158.6 Inspectors and clerical assistants.
1. The department of inspections and appeals shall
employ personnel pursuant to chapter 8A, subchapter IV, to
perform duties related to inspection functions under this
chapter. The department of inspections and appeals shall, when
possible, integrate inspection efforts under this chapter with
inspections conducted under chapter 157.
2. The Iowa department of public health may employ clerical
assistants pursuant to chapter 8A, subchapter IV, to administer
and enforce this chapter. The costs and expenses of the
clerical assistants shall be paid from funds appropriated to
the department of public health.
Sec. 1638. Section 214A.35, subsection 2, paragraph g, Code
2023, is amended to read as follows:
g. The department of agriculture and land stewardship may
cooperate with the department of natural resources and the
state fire marshal department of inspections, appeals, and
licensing in administering and enforcing the provisions of this
-1005-section.
Sec. 1639. Section 218.4, subsection 3, Code 2023, is
amended to read as follows:
3. The state fire marshal department of inspections,
appeals, and licensing shall cause to be made an annual
inspection of all the institutions listed in section 218.1
and shall make written report thereof to the particular
administrator of the state department of human services in
control of such institution.
Sec. 1640. Section 231B.4, Code 2023, is amended to read as
follows:
231B.4 Zoning — fire and safety standards.
An elder group home shall be located in an area zoned
for single-family or multiple-family housing or in an
unincorporated area and shall be constructed in compliance with
applicable local housing codes and the rules adopted for the
special classification by the state fire marshal department.
In the absence of local building codes, the facility shall
comply with the state plumbing code established pursuant to
section 135.11 and the state building code established pursuant
to section 103A.7 and the rules adopted for the special
classification by the state fire marshal department. The
rules adopted for the special classification by the state fire
marshal department regarding second floor occupancy shall be
adopted in consultation with the department and shall take into
consideration the mobility of the tenants.
Sec. 1641. Section 231C.4, Code 2023, is amended to read as
follows:
231C.4 Fire and safety standards.
The state fire marshal department shall adopt rules, in
coordination with the department, relating to the certification
and monitoring of the fire and safety standards of certified
assisted living programs.
Sec. 1642. Section 231D.15, Code 2023, is amended to read
as follows:
-1006- 231D.15 Fire and safety standards.
The state fire marshal department shall adopt rules, in
coordination with the department, relating to the certification
and monitoring of the fire and safety standards of adult day
services programs.
Sec. 1643. Section 235A.15, subsection 2, paragraph d,
subparagraph (7), Code 2023, is amended to read as follows:
(7) Each licensing board specified under chapter 147 and
the Iowa department of public health inspections, appeals,
and licensing for the purpose of licensure, certification or
registration, disciplinary investigation, or the renewal of
licensure, certification or registration, or disciplinary
proceedings of health care professionals.
Sec. 1644. Section 237.3, subsection 3, Code 2023, is
amended to read as follows:
3. Rules governing fire safety in facilities with child
foster care provided by agencies shall be promulgated by the
state fire marshal director of the department of inspections,
appeals, and licensing pursuant to section 100.1, subsection 5
10A.511 after consultation with the administrator.
Sec. 1645. Section 237A.3A, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. In consultation with the state fire marshal director
of the department of inspections, appeals, and licensing, the
department shall adopt rules relating to the provision of fire
extinguishers, smoke detectors, and two exits accessible to
children in a child development home.
Sec. 1646. Section 237A.4, Code 2023, is amended to read as
follows:
237A.4 Inspection and evaluation.
The department shall make periodic inspections of licensed
centers to ensure compliance with licensing requirements
provided in this chapter, and the local boards of health
may make periodic inspections of licensed centers to ensure
compliance with health-related licensing requirements provided
-1007-in this chapter. The department may inspect records maintained
by a licensed center and may inquire into matters concerning
these centers and the persons in charge. The department
shall require that the center be inspected by the state fire
marshal director of the department of inspections, appeals,
and licensing or a designee for compliance with rules relating
to fire safety before a license is granted or renewed. The
department or a designee may periodically visit registered
child development homes for the purpose of evaluation of an
inquiry into matters concerning compliance with rules adopted
under section 237A.12. Evaluation of child development homes
under this section may include consultative services provided
pursuant to section 237A.6.
Sec. 1647. Section 237A.12, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. Rules adopted by the state fire marshal director of
the department of inspections, appeals, and licensing for
buildings, other than school buildings, used as child care
centers as an adjunct to the primary purpose of the building
shall take into consideration that children are received for
temporary care only and shall not differ from rules adopted
for these buildings when they are used by groups of persons
congregating from time to time in the primary use and occupancy
of the buildings. However, the rules may require a fire-rated
separation from the remaining portion of the building if
the fire marshal director of the department of inspections,
appeals, and licensing determines that the separation is
necessary for the protection of children from a specific
flammable hazard.
3. Rules relating to fire safety for child care centers
shall be adopted under this chapter by the state fire marshal
director of the department of inspections, appeals, and
licensing in consultation with the department. Rules adopted
by the state fire marshal director of the department of
inspections, appeals, and licensing for a building which is
-1008-owned or leased by a school district or accredited nonpublic
school and used as a child care facility shall not differ from
standards adopted by the state fire marshal director of the
department of inspections, appeals, and licensing for school
buildings under chapter 100 10A, subchapter V, part 2. Rules
relating to sanitation shall be adopted by the department in
consultation with the director of public health. All rules
shall be developed in consultation with the state child care
advisory committee. The state fire marshal director of the
department of inspections, appeals, and licensing shall inspect
the facilities.
4. If a building is owned or leased by a school district
or accredited nonpublic school and complies with standards
adopted by the state fire marshal director of the department
of inspections, appeals, and licensing for school buildings
under chapter 100 10A, subchapter V, part 2, the building is
considered appropriate for use by a child care facility. The
rules adopted by the administrator under this section shall not
require the facility to comply with building requirements which
differ from requirements for use of the building as a school.
Sec. 1648. Section 237C.4, subsection 2, Code 2023, is
amended to read as follows:
2. Before the administrator department issues or reissues a
certificate of approval to a children’s residential facility
under section 237C.6, the facility shall comply with standards
adopted by the state fire marshal director of the department
of inspections, appeals, and licensing under chapter 100 10A,
subchapter V, part 2.
Sec. 1649. Section 237C.6, subsection 2, Code 2023, is
amended to read as follows:
2. The certificate of approval shall state on its face the
name of the holder of the certificate, the particular premises
for which the certificate is issued, and the number of children
who may be cared for by the children’s residential facility on
the premises at one time under the certificate of occupancy
-1009-issued by the state fire marshal director of the department of
inspections, appeals, and licensing or the state fire marshal’s
director’s designee. The certificate of approval shall be
posted in a conspicuous place in the children’s residential
facility.
Sec. 1650. Section 261B.11, subsection 1, paragraph m, Code
2023, is amended to read as follows:
m. Higher education institutions located in Iowa whose
massage therapy curriculum is approved under administrative
rules of the professional licensure division of the department
of public health inspections, appeals, and licensing and whose
instructors are licensed massage therapists under chapter 152C.
Sec. 1651. Section 262.33A, Code 2023, is amended to read
as follows:
262.33A Fire and environmental safety — report —
expenditures.
It is the intent of the general assembly that each
institution of higher education under the control of the state
board of regents shall, in consultation with the state fire
marshal director of the department of inspections, appeals,
and licensing, identify and correct all critical fire and
environmental safety deficiencies. Commencing July 1, 1993,
each institution under the control of the state board of
regents shall expend annually for fire safety and deferred
maintenance at least the amount budgeted for these purposes
for the fiscal year beginning July 1, 1992, in addition to any
moneys appropriated from the general fund for these purposes in
succeeding years.
Sec. 1652. Section 272C.1, subsection 6, paragraphs af and
ag, Code 2023, are amended to read as follows:
af. The department of public safety inspections, appeals,
and licensing, in licensing fire protection system installers
and maintenance workers pursuant to chapter 100D.
ag. The superintendent of the division of banking director
of the department of commerce inspections, appeals, and
-1010-licensing in registering and supervising appraisal management
companies pursuant to chapter 543E.
Sec. 1653. Section 272C.3, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. All health care boards shall file written decisions
which specify the sanction entered by the board with the Iowa
department of public health inspections, appeals, and licensing
which shall be available to the public upon request. All
non-health care boards shall have on file the written and
specified decisions and sanctions entered by the board and
shall be available to the public upon request.
Sec. 1654. Section 272C.4, subsection 9, Code 2023, is
amended to read as follows:
9. Require each health care licensing board to file with
the Iowa department of public health inspections, appeals,
and licensing a copy of each decision of the board imposing
licensee discipline. Each non-health care board shall have on
file a copy of each decision of the board imposing licensee
discipline which copy shall be properly dated and shall be in
simple language and in the most concise form consistent with
clearness and comprehensiveness of subject matter.
Sec. 1655. Section 279.49, subsection 3, Code 2023, is
amended to read as follows:
3. The facilities housing a program operated under this
section shall comply with standards adopted by the state fire
marshal director of the department of inspections, appeals,
and licensing for school buildings under chapter 100 10A,
subchapter V, part 2. In addition, if a program involves
children who are younger than school age, the facilities
housing those children shall meet the fire safety standards
which would apply to that age of child in a child care facility
licensed by the department of human services.
Sec. 1656. Section 292.2, subsection 7, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department shall form a task force to review
-1011-applications for financial assistance and provide
recommendations to the school budget review committee. The
task force shall include, at a minimum, representatives from
the kindergarten through grade twelve education community, the
state fire marshal director of the department of inspections,
appeals, and licensing, and individuals knowledgeable in school
infrastructure and construction issues. The department,
in consultation with the task force, shall establish the
parameters and the details of the criteria for awarding grants
based on the information listed in subsection 3, including
greater priority to the following:
Sec. 1657. Section 323.4A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Using a dispenser to dispense ethanol blended gasoline,
including gasoline with a specified blend or a range of
blends under chapter 214A, if the dispenser is approved as
required by the state fire marshal director of the department
of inspections, appeals, and licensing for dispensing the
specified blend or range of blends, including as provided in
section 455G.31.
Sec. 1658. Section 423E.6, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. The funds shall be allocated to the school budget
review committee to develop a school infrastructure safety
fund grant program, in conjunction with the state fire marshal
director of the department of inspections, appeals, and
licensing. For purposes of reviewing grant applications and
making recommendations regarding the administration of the
program, the state fire marshal director of the department of
inspections, appeals, and licensing shall be considered an
additional voting member of the school budget review committee.
3. Top priority in awarding program grants shall be the
making of school infrastructure improvements relating to fire
and personal safety. School districts eligible for program
grants shall have received an order or citation from the
-1012-state fire marshal director of the department of inspections,
appeals, and licensing, or a fire department chief or fire
prevention officer, for one or more fire safety violations
regarding a school facility, or in the opinion of the state
fire marshal director of the department of inspections,
appeals, and licensing shall be regarded as operating
facilities subject to significant fire safety deficiencies.
Grant awards shall also be available for defects or violations
of the state building code, as adopted pursuant to section
103A.7, revealed during an inspection of school facilities by
a local building department, or for improvements consistent
with the standards and specifications contained in the state
building code regarding ensuring that buildings and facilities
are accessible to and functional for persons with disabilities.
The school budget review committee shall allocate program
funds to school districts which, in its discretion, are
determined to be faced with the most severe deficiencies.
School districts applying for program grants shall have
developed and submitted to the state fire marshal director of
the department of inspections, appeals, and licensing or local
building department a written plan to remedy fire or safety
defects within a specified time frame. Approval of the written
plan by the state fire marshal director of the department
of inspections, appeals, and licensing or local building
department shall be obtained prior to receipt of a grant award
by a school district.
4. Application forms, submission dates for applications and
for written plans to remedy fire or safety defects, and grant
award criteria shall be developed by the state department of
education, in coordination with the state fire marshal director
of the department of inspections, appeals, and licensing, by
rule.
Sec. 1659. Section 455B.390, subsection 3, Code 2023, is
amended to read as follows:
3. The storage, transportation, handling, or use of
-1013-flammable liquids, combustibles, and explosives, control over
which is exercised by the state fire marshal director of the
department of inspections, appeals, and licensing under chapter
100 10A, subchapter V, part 2.
Sec. 1660. Section 455B.474, subsection 10, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Requirements that persons and companies performing or
providing services for underground storage tank installations,
installation inspections, testing, permanent closure of
underground storage tanks by removal or filling in place, and
other closure activities as defined by rules adopted by the
commission be certified by the department. This provision does
not apply to persons performing services in their official
capacity and as authorized by the state fire marshal’s office
department of inspections, appeals, and licensing or fire
departments of political subdivisions of the state. The rules
adopted by the commission shall include all of the following:
Sec. 1661. Section 455B.474, subsection 10, paragraph c,
Code 2023, is amended to read as follows:
c. Requiring a written examination developed and
administered by the department or by some other qualified
public or private entity identified by the department.
The department may contract with a public or private
entity to administer the department’s examination or a
department-approved third party examination. The examination
shall, at a minimum, be sufficient to establish knowledge of
all applicable underground storage tank rules adopted under
this section, private industry standards, federal standards,
and other applicable standards adopted by the state fire
marshal’s office department of inspections, appeals, and
licensing pursuant to chapter 101.
Sec. 1662. Section 455G.31, subsection 2, Code 2023, is
amended to read as follows:
2. Subject to section 455G.32, a retail dealer may use
gasoline storage and dispensing infrastructure to store and
-1014-dispense ethanol blended gasoline classified as E-9 or higher
if the department under this subchapter or the state fire
marshal director of the department of inspections, appeals,
and licensing under chapter 101 determines that the gasoline
infrastructure is compatible with the classification of ethanol
blended gasoline being used.
Sec. 1663. Section 455G.33, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Approved by the department or state fire marshal director
of the department of inspections, appeals, and licensing
subject to conditions determined necessary by the department or
state fire marshal director of the department of inspections,
appeals, and licensing. The department or state fire marshal
director of the department of inspections, appeals, and
licensing may waive the requirement in paragraph “a” upon
satisfaction that a substitute requirement serves the same
purpose.
Sec. 1664. Section 542.4, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An Iowa accountancy examining board is created within the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing to administer and enforce this chapter.
Sec. 1665. Section 542.4, subsection 6, Code 2023, is
amended to read as follows:
6. The administrator director of the professional licensing
and regulation bureau of the banking division of the department
of commerce inspections, appeals, and licensing shall provide
staffing assistance to the board for implementing this chapter.
Sec. 1666. Section 542B.3, Code 2023, is amended to read as
follows:
542B.3 Engineering and land surveying examining board
created.
An engineering and land surveying examining board is
created within the professional licensing and regulation
-1015-bureau of the banking division of the department of commerce
inspections, appeals, and licensing. The board consists of
three members who are licensed professional engineers, two
members who are licensed professional land surveyors, and
two members who are not licensed professional engineers or
licensed professional land surveyors and who shall represent
the general public. An individual who is licensed as both
a professional engineer and a professional land surveyor may
serve to satisfy the board membership requirement for either
a licensed professional engineer or a licensed professional
land surveyor, but not both. Members shall be appointed
by the governor subject to confirmation by the senate. A
licensed member shall be actively engaged in the practice of
engineering or land surveying and shall have been so engaged
for five years preceding the appointment, the last two of which
shall have been in Iowa. Insofar as practicable, licensed
engineer members of the board shall be from different branches
of the profession of engineering. Professional associations
or societies composed of licensed engineers or licensed land
surveyors may recommend the names of potential board members
whose profession is representative of that association or
society to the governor. However, the governor is not bound by
the recommendations. A board member shall not be required to
be a member of any professional association or society composed
of professional engineers or professional land surveyors.
Sec. 1667. Section 542B.9, Code 2023, is amended to read as
follows:
542B.9 Organization of the board — staff.
The board shall elect annually from its members a
chairperson and a vice chairperson. The administrator director
of the professional licensing and regulation bureau of the
banking division of the department of commerce inspections,
appeals, and licensing shall hire and provide staff to assist
the board in implementing this chapter. The board shall hold
at least one meeting at the location of the board’s principal
-1016-office, and meetings shall be called at other times by the
administrator director or the director’s designee at the
request of the chairperson or four members of the board. At
any meeting of the board, a majority of members constitutes a
quorum.
Sec. 1668. Section 543B.8, subsections 1 and 5, Code 2023,
are amended to read as follows:
1. A real estate commission is created within the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing. The commission consists of five members
licensed under this chapter and two members not licensed under
this chapter and who shall represent the general public.
Commission members shall be appointed by the governor subject
to confirmation by the senate.
5. The administrator director of the professional licensing
and regulation bureau of the banking division department of
inspections, appeals, and licensing shall hire and provide
staff to assist the commission with implementing this chapter.
The administrator of the professional licensing and regulation
bureau of the banking division of the department of commerce
and shall hire a real estate education director to assist
the commission in administering education programs for the
commission.
Sec. 1669. Section 543B.14, Code 2023, is amended to read
as follows:
543B.14 Fees and expenses.
All fees and charges collected by the real estate commission
under this chapter shall be paid into the general fund of the
state, except that twenty-five dollars from each real estate
salesperson’s license fee and each broker’s license fee is
appropriated to the professional licensing and regulation
bureau of the banking division of the department of commerce
shall be appropriated to the department of inspections,
appeals, and licensing for the purpose of hiring and
-1017-compensating a real estate education director and regulatory
compliance personnel. All expenses incurred by the commission
under this chapter, including compensation of staff assigned
to the commission, shall be paid from funds appropriated for
those purposes.
Sec. 1670. Section 543D.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 9A. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1671. Section 543D.2, subsection 14, Code 2023, is
amended by striking the subsection.
Sec. 1672. Section 543D.4, subsection 1, Code 2023, is
amended to read as follows:
1. A real estate appraiser examining board is established
within the banking division of the department of commerce
inspections, appeals, and licensing. The board consists of
seven members, two of whom shall be public members and five of
whom shall be certified real estate appraisers.
Sec. 1673. Section 543D.5, subsection 1, Code 2023, is
amended to read as follows:
1. The board shall adopt rules establishing uniform
appraisal standards and appraiser certification requirements
and other rules necessary to administer and enforce this
chapter and its responsibilities under chapter 272C, subject to
the superintendent’s director’s supervision and authority under
section 543D.23. The board shall consider and may incorporate
any standards required or recommended by the appraisal
foundation or by a federal agency with regulatory authority
over appraisal standards or the certification of appraisers for
federally related transactions.
Sec. 1674. Section 543D.6, subsection 2, Code 2023, is
amended to read as follows:
2. All fees collected by the board shall be deposited into
the department of commerce revolving fund created in section
-1018-546.12 and are appropriated to the superintendent director on
behalf of the board to be used to administer this chapter,
including but not limited to purposes such as examinations,
investigations, and administrative staffing. Notwithstanding
section 8.33, moneys retained by the superintendent director
pursuant to this section are not subject to reversion to the
general fund of the state. However, the appraisal management
company national registry fees the board collects on behalf of
the appraisal subcommittee as defined in section 543E.3 shall
be transmitted to the appraisal subcommittee in accordance with
federal laws and regulations.
Sec. 1675. Section 543D.23, Code 2023, is amended to read
as follows:
543D.23 Superintendent Director supervision and authority.
1. The superintendent director shall supervise the
board and manage the board’s budget and retained fees.
The superintendent director may exercise all authority
conferred upon the board under this chapter and shall have
access to all records and information to which the board
has access. In supervising the board, the superintendent
director shall independently evaluate the substantive merits
of actions recommended or proposed by the board which may
be anticompetitive and shall have the authority to review,
approve, modify, or reject all board actions including but not
limited to those taken in connection with any of the following:
a. Initial or reciprocal certification of real estate
appraisers, registration of associate real estate appraisers,
and temporary practice permits.
b. Disciplinary investigations and proceedings.
c. Investigations and proceedings under section 543D.21.
d. Rulemaking under chapter 17A, including orders on
petitions for rulemaking.
e. Orders on petitions for declaratory orders or waivers.
2. A person aggrieved by any final action of the board taken
under this chapter shall not have exhausted administrative
-1019-remedies until the person has appealed the action to the
superintendent director and the superintendent director has
issued a final decision or order.
3. The superintendent director shall adopt rules to
implement this section.
Sec. 1676. Section 543E.3, subsection 1, Code 2023, is
amended by striking the subsection.
Sec. 1677. Section 543E.3, subsection 8, Code 2023, is
amended to read as follows:
8. “Appraiser panel” means a network, list, or roster of
certified appraisers who are independent contractors with
an appraisal management company and who have been selected
and approved by the appraisal management company to perform
appraisals directly for the appraisal management company or
for persons that have ordered appraisals through the appraisal
management company. Appraisers on an appraisal management
company’s appraiser panel may include both appraisers engaged
to perform one or more appraisals for covered transactions or
for secondary mortgage market participants in connection with
covered transactions, and appraisers accepted by the appraisal
management company for consideration for future appraisal
assignments for such purposes, as the administrator director
may further provide by rule.
Sec. 1678. Section 543E.3, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 13A. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1679. Section 543E.4, Code 2023, is amended to read as
follows:
543E.4 Registration required.
A person shall not directly or indirectly engage in or
attempt to engage in business as an appraisal management
company or advertise or hold itself out as engaging in or
conducting business as an appraisal management company in
-1020-this state without first registering with the administrator
director.
Sec. 1680. Section 543E.6, subsection 2, Code 2023, is
amended to read as follows:
2. A person who directly or indirectly owns more than
ten percent of an appraisal management company in this
state shall be of good moral character, as prescribed by
rules adopted by the administrator director consistent with
applicable federal law and regulations, and shall submit to a
background investigation, as prescribed by rules adopted by the
administrator director consistent with applicable federal law
and regulations.
Sec. 1681. Section 543E.7, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An appraisal management company registered or applying
for registration in this state shall designate a controlling
person who shall be the main contact for all communications
between the administrator director and the appraisal management
company, and who shall be responsible for assuring the
appraisal management company complies with the provisions of
this chapter when performing appraisal management services in
connection with real estate located in this state.
3. The designated controlling person shall be of good moral
character, as prescribed by rules adopted by the administrator
director consistent with applicable federal law and
regulations, and shall submit to a background investigation,
as prescribed by rules adopted by the administrator director
consistent with applicable federal law and regulations.
Sec. 1682. Section 543E.8, subsection 1, Code 2023, is
amended to read as follows:
1. An application for registration as an appraisal
management company shall be submitted on a form prescribed by
the administrator director.
Sec. 1683. Section 543E.8, subsection 2, paragraphs b, c,
and f, Code 2023, are amended to read as follows:
-1021- b. The names and contact information for all persons
who directly or indirectly own more than ten percent of the
applicant and for the controlling person designated pursuant
to section 543E.7, and such additional information the
administrator director may need to enforce section 543E.6,
subsection 1.
c. Information as reasonably necessary to establish the size
of the applicant’s nationwide and Iowa appraiser panels, in
accordance with rules adopted by the administrator director.
f. Any additional information that is reasonably needed
for the administrator director to implement the provisions of
this chapter and assure that the applicant is eligible for
registration under this chapter.
Sec. 1684. Section 543E.9, Code 2023, is amended to read as
follows:
543E.9 Registration renewal.
1. A registration issued under this chapter shall be valid
for one year as provided by rule.
2. An application to renew registration shall be submitted
in the form and in the manner prescribed by the administrator
director. The administrator director may further require
periodic disclosures of changes impacting registration, such as
a change in ownership or the designated controlling person.
3. An application to renew registration shall contain the
information described in section 543E.8, subsection 2.
4. A registration issued under this chapter shall lapse if
not timely renewed, in accordance with rules adopted by the
administrator director.
5. A person holding a lapsed registration shall not directly
or indirectly engage in or attempt to engage in business as an
appraisal management company or advertise or hold itself out as
engaging in or conducting business as an appraisal management
company in this state until the registration has been
reinstated under the process prescribed by the administrator
director by rule.
-1022- Sec. 1685. Section 543E.10, Code 2023, is amended to read
as follows:
543E.10 Fees.
1. The administrator director shall by rule establish fees
for registration, renewal, reinstatement, and such additional
fees as are reasonably necessary for the administration of this
chapter. The fees shall be established in consideration of
the costs of administering this chapter and the actual cost
of the specific service to be provided or performed. The
administrator director shall periodically review and adjust the
schedule of fees as needed to cover projected expenses.
2. Except as provided in subsection 3, all fees collected
under this chapter shall be deposited into the department of
commerce revolving fund created in section 546.12 and are
appropriated to the administrator director to be used to
administer this chapter including but not limited to purposes
such as examinations, investigations, and administrative
staffing. Notwithstanding section 8.33, moneys appropriated
pursuant to this subsection are not subject to reversion to the
general fund of the state.
3. The administrator director shall also collect the
appraisal management company national registry fee from each
appraisal management company seeking to register in this state
and from federally regulated appraisal management companies
operating in this state. The administrator director shall
transfer all appraisal management company national registry
fees collected by the administrator director to the appraisal
subcommittee.
Sec. 1686. Section 543E.12, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. An appraisal management company that has a reasonable
basis to believe an appraiser has materially failed to comply
with the uniform standards of professional appraisal practice
or has otherwise materially violated chapter 543D or this
chapter shall refer the matter to the administrator director
-1023- in conformance with applicable federal law and regulations.
An appraisal management company that has a reasonable basis
to believe another appraisal management company is failing
to comply with the provisions of this chapter shall refer
the matter to the administrator director in conformance with
section 272C.9, subsection 2.
4. An appraiser who is employed by or is on the appraiser
panel of an appraisal management company registered under this
chapter who has a reasonable basis to believe the appraisal
management company is in violation of this chapter shall refer
the matter to the administrator director.
Sec. 1687. Section 543E.13, subsection 1, Code 2023, is
amended to read as follows:
1. An appraisal management company shall maintain a
detailed record of each service request the appraisal
management company receives involving real estate located in
this state and the identity of the appraiser who performs the
appraisal assignment. All such records shall be maintained for
at least five years after the request is sent by the appraisal
management company to the appraiser or the completion of the
appraisal report, whichever period expires later. An appraisal
management company shall maintain such additional records
regarding appraisal management services performed in this state
as the administrator director may specify by rule.
Sec. 1688. Section 543E.15, subsection 4, Code 2023, is
amended to read as follows:
4. Remove an appraiser from an appraiser panel without prior
written notice that identifies the basis for removal. Upon
request or in conjunction with an examination, an appraisal
management company shall forward to the administrator director
copies of such notices issued to an appraiser located or
certified in Iowa.
Sec. 1689. Section 543E.17, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
After notice and hearing, the administrator director may
-1024-revoke, suspend, or refuse to issue, renew, or reinstate
a registration; reprimand, censure, or limit the scope of
practice of any registrant; impose a civil penalty not to
exceed ten thousand dollars per violation; require remedial
action; or place any registrant on probation; all with or
without terms, conditions, or in combinations of remedies, for
any one or more of the following reasons:
Sec. 1690. Section 543E.17, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
When determining whether to initiate a disciplinary
proceeding against an appraisal management company based
on actions or omissions by an employee, owner, director,
controlling person, or other agent of the appraisal
management company, the administrator director shall take into
consideration all of the following:
Sec. 1691. Section 543E.18, Code 2023, is amended to read
as follows:
543E.18 Unlawful practice — complaints and investigations —
remedies and penalties.
1. If, as the result of a complaint or otherwise, the
administrator director believes that a person has engaged, or
is about to engage, in an act or practice that constitutes or
will constitute a violation of this chapter, the administrator
director may make application to the district court for an
order enjoining such act or practice. Upon a showing by the
administrator director that such person has engaged, or is
about to engage, in any such act or practice, an injunction,
restraining order, or other order as may be appropriate shall
be granted by the district court.
2. The administrator director may investigate a complaint
or initiate a complaint against a person who is not registered
under this chapter to determine whether grounds exist to make
application to the district court pursuant to subsection 1 or
to issue an order pursuant to subsection 3, and in connection
with such complaint or investigation may issue subpoenas to
-1025-compel witnesses to testify or persons to produce evidence
consistent with the provisions of section 272C.6, subsection
3, as needed to determine whether probable cause exists to
initiate a proceeding under this section or to make application
to the district court for an order enjoining a violation of
this chapter.
3. In addition to or as an alternative to making application
to the district court for an injunction, the administrator
director may issue an order to a person who is not registered
under this chapter to require compliance with this chapter
and may impose a civil penalty against such person for any
violation specified in subsection 4 in an amount up to ten
thousand dollars for each violation. All civil penalties
collected pursuant to this section shall be deposited in the
housing trust fund created in section 16.181. An order issued
pursuant to this section may prohibit a person from applying
for registration under this chapter or certification or
registration under chapter 543D.
4. The administrator director may impose a civil penalty
against a person who is not registered under this chapter for
any of the following:
a. A violation of section 543E.4.
b. A violation of section 543D.18A, subsection 1.
c. Fraud, deceit, or deception, through act or omission,
in connection with an application for registration under this
chapter.
5. The administrator director, before issuing an order
under this section, shall provide the person written notice
and the opportunity to request a hearing. The hearing must
be requested within thirty days after receipt of the notice
and shall be conducted in the same manner as provided for
disciplinary proceedings involving a registrant under this
chapter.
6. A person aggrieved by the imposition of a civil penalty
under this section may seek judicial review pursuant to section
-1026-17A.19.
7. If a person fails to pay a civil penalty within thirty
days after entry of an order imposing the civil penalty, or if
the order is stayed pending an appeal, within ten days after
the court enters a final judgment in favor of the administrator
director, the administrator director shall notify the attorney
general. The attorney general may commence an action to
recover the amount of the penalty, including reasonable
attorney fees and costs.
8. An action to enforce an order under this section may be
joined with an action for an injunction.
Sec. 1692. Section 543E.19, Code 2023, is amended to read
as follows:
543E.19 Surety bond.
1. The administrator director shall require that an
appraisal management company be covered by a surety bond in the
amount of twenty-five thousand dollars.
2. The surety bond shall be in a form as prescribed by
the administrator director. The administrator director may,
pursuant to rule, determine requirements for such surety
bonds as are necessary to accomplish the purposes of this
chapter. The requirements for a surety bond shall only relate
to liabilities, damages, losses, or claims arising out of
the appraisal management services performed by the appraisal
management company involving real estate located in this state.
The bond shall provide that a person having a claim against an
appraisal management company may bring suit directly on the
bond or the administrator director may bring suit on behalf of
such person.
Sec. 1693. Section 543E.20, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. The administrator director is vested with broad
administrative authority to administer, interpret, and enforce
this chapter and to promulgate rules implementing this chapter.
3. The administrator director may conduct periodic
-1027-examinations of applicants or registrants under this chapter as
reasonably necessary to assure compliance with all or specific
provisions of this chapter. All papers, documents, examination
reports, and other records relating to such examinations shall
be confidential as provided in section 272C.6, subsection 4,
except as provided in this section.
4. The administrator director may adopt rules governing
an appraiser’s use of associate real estate appraisers while
performing appraisal assignments subject to this chapter.
Associate real estate appraisers may provide appraisal services
under the supervision of a certified appraiser as provided
in chapter 543D and associated rules, but shall not be on an
appraiser panel of an appraisal management company.
5. The administrator director may require a national
criminal history check through the federal bureau of
investigation or, if authorized by federal law or regulation,
the nationwide mortgage licensing system and registry,
as defined in section 535D.3, when conducting background
investigations under this chapter. Except as inconsistent with
the registry, the following shall apply:
a. The administrator director may require owners and
controlling persons who are subject to the background
investigation provisions of sections 543E.6 and 543E.7 to
provide a full set of fingerprints, in a form and manner
prescribed by the administrator director. Such fingerprints,
if required, shall be submitted to the federal bureau of
investigation through the state criminal history repository for
purposes of the national criminal history check.
b. The administrator director may also request and obtain,
notwithstanding section 692.2, subsection 5, criminal history
data for owners and controlling persons who are subject to the
background investigation provisions of sections 543E.6 and
543E.7. A request for criminal history data shall be submitted
to the department of public safety, division of criminal
investigation, pursuant to section 692.2, subsection 1.
-1028- c. The administrator director shall inform such owners and
controlling persons of the requirement of a national criminal
history check or request for criminal history data and obtain
a signed waiver from the applicant, certificate holder, or
registrant prior to requesting the check or data.
d. The administrator director may, in addition to any other
fees, charge and collect such amounts as may be incurred by the
administrator director, the department of public safety, or the
federal bureau of investigation in obtaining criminal history
information. Amounts collected shall be considered repayment
receipts as defined in section 8.2.
e. Criminal history data and other criminal history
information relating to affected owners or controlling persons,
or their appraisal management companies obtained by the
administrator director pursuant to this section shall remain
confidential. Such information may, however, be used by the
administrator director in a registration denial, enforcement,
or disciplinary proceeding.
Sec. 1694. Section 543E.20, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In addition to the duties and powers conferred upon the
administrator director in this chapter, the administrator
director shall have the authority to adopt such rules as are
reasonably necessary to assure the administrator’s director’s
registration and supervision of appraisal management companies
comply with the minimum requirements of 12 U.S.C. §3352 and
related federal laws and regulations, with respect to any of
the following:
Sec. 1695. Section 544A.1, subsection 2, Code 2023, is
amended to read as follows:
2. The architectural examining board is created within the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing. The board consists of five members who possess
a license issued under section 544A.9 and who have been in
-1029-active practice of architecture for not less than five years,
the last two of which shall have been in Iowa, and two members
who do not possess a license issued under section 544A.9
and who shall represent the general public. Members shall
be appointed by the governor subject to confirmation by the
senate.
Sec. 1696. Section 544A.5, Code 2023, is amended to read as
follows:
544A.5 Duties.
The architectural examining board shall enforce this
chapter, shall adopt rules pursuant to chapter 17A for the
examination of applicants for the license provided by this
chapter, and shall, after due public notice, hold meetings each
year for the purpose of examining applicants for licensure
and the transaction of business pertaining to the affairs of
the board. Examinations shall be given as often as deemed
necessary, but not less than annually. Action at a meeting
shall not be taken without the affirmative votes of a majority
of the members of the board. The administrator director of the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing shall hire and provide staff to assist the board
with implementing this chapter.
Sec. 1697. Section 544B.3, subsection 1, Code 2023, is
amended to read as follows:
1. A landscape architectural examining board is created
within the professional licensing and regulation bureau of the
banking division of the department of commerce inspections,
appeals, and licensing. The board consists of five members
who are professional landscape architects and two members
who are not professional landscape architects and who shall
represent the general public. Members shall be appointed by
the governor, subject to confirmation by the senate. Four of
the five professional members shall be actively engaged in the
practice of landscape architecture or the teaching of landscape
-1030-architecture in an accredited college or university, and shall
have been so engaged for five years preceding appointment,
the last two of which shall have been in Iowa. One of the
five professional members shall be actively engaged in the
practice of landscape architecture or the teaching of landscape
architecture in an accredited college or university, and may
have been so engaged for fewer than five years preceding
appointment but at least one year preceding appointment.
Associations or societies composed of professional landscape
architects may recommend the names of potential board members
to the governor. However, the governor is not bound by the
recommendations. A board member shall not be required to be a
member of any professional association or society composed of
professional landscape architects.
Sec. 1698. Section 544B.5, Code 2023, is amended to read as
follows:
544B.5 Duties.
The board shall enforce this chapter and shall make rules
for the examination of applicants for licensure. The board
shall keep a record of its proceedings. The board shall adopt
an official seal which shall be affixed to all certificates
of licensure granted. The board may make other rules, not
inconsistent with law, as necessary for the proper performance
of its duties. The board shall maintain a roster showing
the name, place of business, and residence, and the date and
number of the certificate of licensure of every professional
landscape architect in this state. The administrator of the
professional licensing and regulation bureau of the banking
division director of the department of commerce inspections,
appeals, and licensing shall hire and provide staff to assist
the board in implementing this chapter.
Sec. 1699. Section 544C.1, subsection 2, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
2. “Department” means the department of inspections,
-1031-appeals, and licensing.
Sec. 1700. Section 544C.2, subsection 1, Code 2023, is
amended to read as follows:
1. An interior design examining board is established
within the bureau department. The board consists of seven
members: five members who are interior designers who are
registered under this chapter and who have been in the active
practice of interior design for not less than five years, the
last two of which shall have been in Iowa; and two members who
are not registered under this chapter and who shall represent
the general public. Members shall be appointed by the governor
subject to confirmation by the senate.
Sec. 1701. Section 544C.3, subsection 2, Code 2023, is
amended to read as follows:
2. The administrator director of the bureau department
shall provide staff to assist the board in the implementation
of this chapter.
Sec. 1702. Section 544C.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Each applicant for registration must meet the interior
design education and practical training requirements adopted by
rule by the board, and have passed an examination prescribed
by the board that is task-oriented, focused on public
safety, and validated by a recognized testing agency. The
bureau department shall register an individual who submits
an application to the board on the form and in the manner
prescribed by the board as a registered interior designer if
the individual satisfies the following requirements:
Sec. 1703. Section 546.3, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 1704. Section 546.10, Code 2023, is amended to read as
follows:
546.10 Professional licensing Licensing and regulation bureau
— superintendent of banking of business and commerce-related
professions.
-1032- 1. a. The professional licensing and regulation bureau of
the banking division department shall administer and coordinate
the licensing and regulation of several professions by bringing
together the following licensing boards:
a. (1) The engineering and land surveying examining board
created pursuant to chapter 542B.
b. (2) The Iowa accountancy examining board created
pursuant to chapter 542.
c. (3) The real estate commission created pursuant to
chapter 543B.
(4) The real estate appraiser examining board created
pursuant to chapter 543D.
d. (5) The architectural examining board created pursuant
to chapter 544A.
e. (6) The landscape architectural examining board created
pursuant to chapter 544B.
f. (7) The interior design examining board created pursuant
to chapter 544C.
b. The director shall administer chapter 543E.
2. The bureau is headed by the administrator of professional
licensing and regulation who shall be the superintendent
of banking. The administrator director shall appoint and
supervise staff and shall coordinate activities for the
licensing boards within the bureau department pursuant to
subsection 1 and for the administration of chapter 543E.
3. a. The licensing and regulation examining boards
included in the bureau pursuant to subsection 1 retain the
powers granted them pursuant to the chapters in which they
are created, except for budgetary and personnel matters which
shall be handled by the administrator director. Each licensing
board shall adopt rules pursuant to chapter 17A. Decisions by
a licensing board are final agency actions for purposes of
chapter 17A.
b. Notwithstanding subsection 5, eighty-five percent of the
funds received annually resulting from an increase in licensing
-1033-fees implemented on or after April 1, 2002, by a licensing
board or commission listed in subsection 1, paragraph “a”,
subparagraphs (1), (2), (3), (5), (6), and (7), is appropriated
to the professional licensing and regulation bureau department
to be allocated to the board or commission for the fiscal
year beginning July 1, 2002, and succeeding fiscal years, for
purposes related to the duties of the board or commission,
including but not limited to additional full-time equivalent
positions. In addition, notwithstanding subsection 5,
twenty-five dollars from each real estate salesperson’s license
fee and each broker’s license fee received pursuant to section
543B.14 is appropriated to the professional licensing and
regulation bureau department for the purpose of hiring and
compensating a real estate education director and regulatory
compliance personnel. The director of the department of
administrative services shall draw warrants upon the treasurer
of state from the funds appropriated as provided in this
section and shall make the funds available to the professional
licensing and regulation bureau department on a monthly basis
during each fiscal year.
4. The professional licensing and regulation bureau of
the banking division of the department of commerce may expend
additional funds, including funds for additional personnel, if
those additional expenditures are directly the cause of actual
examination expenses exceeding funds budgeted for examinations.
Before the bureau department expends or encumbers an amount in
excess of the funds budgeted for examinations, the director of
the department of management shall approve the expenditure or
encumbrance. Before approval is given, the director of the
department of management shall determine that the examination
expenses exceed the funds budgeted by the general assembly to
the bureau department and the bureau department does not have
other funds from which the expenses can be paid. Upon approval
of the director of the department of management, the bureau
department may expend and encumber funds for excess examination
-1034-expenses. The amounts necessary to fund the examination
expenses shall be collected as fees from additional examination
applicants and shall be treated as repayment receipts as
defined in section 8.2, subsection 8.
5. Fees collected under chapters 542, 542B, 543B, 544A,
544B, and 544C shall be paid to the treasurer of state and
credited to the general fund of the state. All expenses
required in the discharge of the duties and responsibilities
imposed upon the professional licensing and regulation bureau
of the banking division of the department of commerce, the
administrator director, and the licensing boards by the laws
of this state shall be paid from moneys appropriated by the
general assembly for those purposes. All fees deposited into
the general fund of the state, as provided in this subsection,
shall be subject to the requirements of section 8.60.
6. The licensing boards included in the bureau department
pursuant to subsection 1 may refuse to issue or renew a license
to practice a profession to any person otherwise qualified
upon any of the grounds for which a license may be revoked
or suspended or a licensee may otherwise be disciplined, or
upon any other grounds set out in the chapter governing the
respective board.
7. The licensing boards included in the bureau department
pursuant to subsection 1 may suspend, revoke, or refuse to
issue or renew a license, or may discipline a licensee based
upon a suspension, revocation, or other disciplinary action
taken by a licensing authority in this or another state,
territory, or country. For purposes of this subsection,
“disciplinary action” includes the voluntary surrender of
a license to resolve a pending disciplinary investigation
or proceeding. A certified copy of the record or order
of suspension, revocation, voluntary surrender, or other
disciplinary action is prima facie evidence of such fact.
8. Notwithstanding any other provision of law to the
contrary, the licensing boards included within the bureau
-1035- department pursuant to subsection 1 may by rule establish the
conditions under which an individual licensed in a different
jurisdiction may be issued a reciprocal or comity license, if,
in the board’s discretion, the applicant’s qualifications for
licensure are substantially equivalent to those required of
applicants for initial licensure in this state.
9. Notwithstanding section 272C.6, the licensing boards
included within the bureau department pursuant to subsection
1 may by rule establish the conditions under which the board
may supply to a licensee who is the subject of a disciplinary
complaint or investigation, prior to the initiation of a
disciplinary proceeding, all or such parts of a disciplinary
complaint, disciplinary or investigatory file, report, or other
information, as the board in its sole discretion believes would
aid the investigation or resolution of the matter.
10. Notwithstanding section 17A.6, subsection 2, the
licensing boards included within the bureau department pursuant
to subsection 1 may adopt standards by reference to another
publication without providing a copy of the publication to the
administrative code editor if the publication containing the
standards is readily accessible on the internet at no cost and
the internet site at which the publication may be found is
included in the administrative rules that adopt the standard.
11. Renewal periods for all licenses and certificates of the
licensing boards included within the bureau department pursuant
to subsection 1 may be annual or multiyear, as provided by
rule.
12. A quorum of a licensing board included within the
bureau department pursuant to subsection 1 shall be a majority
of the members of the board and action may be taken upon a
majority vote of board members present at a meeting who are not
disqualified.
Sec. 1705. Section 710A.7, Code 2023, is amended to read as
follows:
710A.7 Peace officer referral.
-1036- If during the course of an investigation or prosecution
under this chapter a peace officer has reason to believe that
a person who purports to be licensed pursuant to chapter 152C
or 157 does not possess a valid license or is in violation of
any other state or federal laws, the peace officer may report
such noncompliance to the appropriate licensing board under
the professional licensure division within the department of
public health inspections, appeals, and licensing, and to the
appropriate state or federal authorities.
Sec. 1706. Section 727.2, subsection 2, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) A person who uses or explodes display fireworks while
the use of such devices is suspended by an order of the state
fire marshal director of the department of inspections,
appeals, and licensing pursuant to section 10A.511, subsection
6, commits a simple misdemeanor, punishable by a fine of not
less than two hundred fifty dollars.
Sec. 1707. Section 727.2, subsection 3, paragraph c,
subparagraph (2), Code 2023, is amended to read as follows:
(2) A person who uses or explodes consumer fireworks or
novelties while the use of such devices is suspended by an
order of the state fire marshal director of the department
of inspections, appeals, and licensing pursuant to section
10A.511, subsection 6, commits a simple misdemeanor, punishable
by a fine of not less than two hundred fifty dollars.
Sec. 1708. Section 904.318, subsection 2, Code 2023, is
amended to read as follows:
2. The state fire marshal director of the department
of inspections, appeals, and licensing or the director’s
designee shall cause an annual inspection to be made of all the
institutions listed in section 904.102 and shall make a written
report of the inspection to the director.
Sec. 1709. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
are repealed.
Sec. 1710. 2015 Iowa Acts, chapter 138, section 97, is
-1037-amended to read as follows:
SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
LESSONS. Notwithstanding any provision of law to the contrary,
the department of public health inspections, appeals, and
licensing shall require that a residential swimming pool used
for private swimming lessons for up to two hundred seven hours
in a calendar month, or the number of hours prescribed by local
ordinance applicable to such use of a residential swimming
pool, whichever is greater, be regulated as a residential
swimming pool used for commercial purposes pursuant to chapter
135I. The department of public health may adopt rules to
implement this section.
Sec. 1711. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 100.11 to section 10A.513.
b. Section 100.12 to section 10A.514.
c. Section 100.13 to section 10A.515.
d. Section 100.14 to section 10A.516.
e. Section 100.16 to section 10A.517.
f. Section 100.18 to section 10A.518.
g. Section 100.19 to section 10A.519.
h. Section 100.19A to section 10A.520.
i. Section 100.26 to section 10A.521.
j. Section 100.31 to section 10A.522.
k. Section 100.35 to section 10A.523.
l. Section 100.38 to section 10A.525.
m. Section 100.39 to section 10A.524.
n. Section 135.11A to section 10A.503.
o. Section 135.11B to section 10A.504.
p. Section 135.31 to section 10A.505.
q. Section 135.37 to section 10A.531.
r. Section 135.37A to section 10A.532.
s. Section 135.105A to section 10A.902.
t. Section 135.105C to section 10A.903.
-1038- u. Section 546.10 to section 10A.506.
2. The Code editor is directed to rename article V of
chapter 10A as subchapter V and designate parts as follows:
a. Subchapter V shall be entitled “Licensing and
Regulation” and include sections 10A.501 through 10A.534.
b. Subchapter V, part 1, shall be entitled “General
Provisions” and include sections 10A.501 through 10A.510.
c. Subchapter V, part 2, shall be entitled “Fire Control”
and include sections 10A.511 through 10A.530.
d. Subchapter V, part 3, shall be entitled “Tattooing and
Hair Braiding” and include sections 10A.531 through 10A.534.
3. The Code editor is directed to create new subchapter
IX within chapter 10A which shall be entitled “Lead Abatement
Program” and include sections 10A.902 and 10A.903.
4. The Code editor may modify subchapter and part titles if
necessary and is directed to correct internal references in the
Code as necessary due to enactment of this section.
administrative law judges
Sec. 1712. Section 8A.415, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If not satisfied, the employee may, within thirty
calendar days following the director’s response, file an
appeal with the public employment relations board. The
hearing shall be conducted in accordance with the rules of the
public employment relations board and the Iowa administrative
procedure Act, chapter 17A. Decisions rendered shall be based
upon a standard of substantial compliance with this subchapter
and the rules of the department. Decisions by the public
employment relations board constitute final agency action.
However, if the employee is an administrative law judge
appointed or employed by the public employment relations board,
the employee’s appeal shall be heard by an administrative law
judge employed by the administrative hearings division of the
department of inspections and appeals in accordance with the
provisions of section 10A.801, whose decision shall constitute
-1039-final agency action.
Sec. 1713. Section 8A.415, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. If not satisfied, the employee may, within thirty
calendar days following the director’s response, file an appeal
with the public employment relations board. The employee has
the right to a hearing closed to the public, unless a public
hearing is requested by the employee. The hearing shall
otherwise be conducted in accordance with the rules of the
public employment relations board and the Iowa administrative
procedure Act, chapter 17A. If the public employment relations
board finds that the action taken by the appointing authority
was for political, religious, racial, national origin, sex,
age, or other reasons not constituting just cause, the employee
may be reinstated without loss of pay or benefits for the
elapsed period, or the public employment relations board may
provide other appropriate remedies. Decisions by the public
employment relations board constitute final agency action.
However, if the employee is an administrative law judge
appointed or employed by the public employment relations board,
the employee’s appeal shall be heard by an administrative law
judge employed by the administrative hearings division of the
department of inspections and appeals in accordance with the
provisions of section 10A.801, whose decision shall constitute
final agency action.
Sec. 1714. Section 96.6, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Appeals from the initial determination shall be heard by
an administrative law judge employed by the department division
of administrative hearings created by section 10A.801. An
administrative law judge’s decision may be appealed by any
party to the employment appeal board created in section 10A.601
or directly to the district court.
Sec. 1715. Section 216.15, subsection 3, paragraph a, Code
2023, is amended to read as follows:
-1040- a. After the filing of a verified complaint, a true copy
shall be served within twenty days on the person against whom
the complaint is filed, except as provided in subsection 4.
An authorized member of the commission staff shall make a
prompt investigation and shall issue a recommendation to an
administrative law judge employed either by the commission or
by the division of administrative hearings created by section
10A.801, who shall then issue a determination of probable cause
or no probable cause.
Sec. 1716. Section 256.7, subsection 6, Code 2023, is
amended to read as follows:
6. Hear appeals of persons aggrieved by decisions of boards
of directors of school corporations under chapter 290 and
other appeals prescribed by law. The state board may review
the record and shall review the decision of the director of
the department of education or the administrative law judge
employed by the division of administrative hearings created
by section 10A.801 and designated for any appeals heard and
decided by the director under chapter 290, and may affirm,
modify, or vacate the decision, or may direct a rehearing
before the director.
Sec. 1717. Section 256B.6, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding section 17A.11, the state board
of education shall adopt rules for the appointment of an
impartial administrative law judge employed by the division
of administrative hearings created by section 10A.801 for
special education appeals. The rules shall comply with federal
statutes and regulations.
Sec. 1718. Section 272.14, Code 2023, is amended to read as
follows:
272.14 Appointment of administrative law judges.
The board shall maintain a list of qualified persons
employed by the division of administrative hearings created
by section 10A.801 and who are experienced in the educational
-1041-system of this state to serve as administrative law judges when
a hearing is requested under section 279.24. When requested
under section 279.24, the board shall submit a list of five
qualified administrative law judges from the list maintained
by the board to the parties. The parties shall select one of
the five qualified persons to conduct the hearing as provided
in section 279.24. The hearing shall be held pursuant to
the provisions of chapter 17A relating to contested cases.
The full costs of the hearing shall be shared equally by the
parties.
Sec. 1719. Section 279.24, subsection 5, paragraph c, Code
2023, is amended to read as follows:
c. Within five days after receipt of the written notice
that the school board has voted to consider termination of
the contract, the administrator may request a private hearing
in writing to the secretary of the school board. The board
shall then forward the notification to the board of educational
examiners along with a request that the board of educational
examiners submit a list of five qualified administrative law
judges who are employed by the division of administrative
hearings created by section 10A.801 to the parties. Within
three days from receipt of the list the parties shall select an
administrative law judge by alternately removing a name from
the list until only one name remains. The person whose name
remains shall be the administrative law judge. The parties
shall determine by lot which party shall remove the first name
from the list. The private hearing shall be held no sooner
than twenty days and not later than forty days following the
administrator’s request unless the parties otherwise agree.
If the administrator does not request a private hearing,
the school board, not later than May 31, may determine the
continuance or discontinuance of the contract and, if the
board determines to continue the administrator’s contract,
whether to suspend the administrator with or without pay for a
period specified by the board. School board action shall be by
-1042-majority roll call vote entered on the minutes of the meeting.
Notice of school board action shall be personally delivered or
mailed to the administrator.
civil rights commission
Sec. 1720. Section 216.3, subsection 1, Code 2023, is
amended to read as follows:
1. The Iowa state civil rights commission shall consist
is created within the department of inspections, appeals, and
licensing consisting of seven members appointed by the governor
subject to confirmation by the senate. Appointments shall be
made to provide geographical area representation insofar as
practicable. No more than four members of the commission shall
belong to the same political party. Members appointed to the
commission shall serve for four-year staggered terms beginning
and ending as provided by section 69.19.
conforming changes
Sec. 1721. Section 8A.412, subsection 19, Code 2023, is
amended to read as follows:
19. The superintendent of the banking division of the
department of commerce, all members of the state banking
council, and all employees of the banking division except for
employees of the professional licensing and regulation bureau
of the division.
Sec. 1722. Section 8A.457, Code 2023, is amended to read as
follows:
8A.457 Workers’ compensation claims.
The director shall employ appropriate staff to handle and
adjust claims of state employees for workers’ compensation
benefits pursuant to chapter 10A, subchapter III, and
chapters 85, 85A, and 85B, and 86, or, with the approval of
the executive council, contract for the services or purchase
workers’ compensation insurance coverage for state employees or
selected groups of state employees. A state employee workers’
compensation fund is created in the state treasury under the
control of the department to pay state employee workers’
-1043-compensation claims and administrative costs. The department
shall establish a rating formula and assess premiums to all
agencies, departments, and divisions of the state including
those which have not received an appropriation for the payment
of workers’ compensation insurance and which operate from
moneys other than from the general fund of the state. The
department shall collect the premiums and deposit them into the
state employee workers’ compensation fund. Notwithstanding
section 8.33, moneys deposited in the state employee workers’
compensation fund shall not revert to the general fund of the
state at the end of any fiscal year, but shall remain in the
state employee workers’ compensation fund and be continuously
available to pay state employee workers’ compensation claims.
The director may, to the extent practicable, contract with
a private organization to handle the processing and payment
of claims and services rendered under the provisions of this
section.
Sec. 1723. Section 8A.504, subsection 3, Code 2023, is
amended to read as follows:
3. In the case of multiple claims to payments filed
under this section, priority shall be given to claims filed
by the child support recovery unit services or the foster
care recoveryunit services, next priority shall be given to
claims filed by the clerk of the district court, next priority
shall be given to claims filed by the college student aid
commission, next priority shall be given to claims filed by
the investigations division of the department of inspections,
and appeals, and licensing relating to investigations by the
department, and last priority shall be given to claims filed by
other public agencies. In the case of multiple claims in which
the priority is not otherwise provided by this subsection,
priority shall be determined in accordance with rules to be
established by the director.
Sec. 1724. Section 8A.512, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
-1044- (1) Claims by state employees for benefits pursuant to
chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
86 are subject to limitations provided in those chapters.
Sec. 1725. Section 13B.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1726. Section 13B.2, Code 2023, is amended to read as
follows:
13B.2 Position established.
The position of state public defender is established within
the department of inspections, and appeals, and licensing. The
governor shall appoint the state public defender, who shall
serve at the pleasure of the governor, subject to confirmation
by the senate, no less frequently than once every four years,
whether or not there has been a new state public defender
appointed during that time, and shall establish the state
public defender’s salary.
Sec. 1727. Section 13B.6, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections, and appeals, and
licensing shall provide internal accounting and related fiscal
services for the state public defender.
Sec. 1728. Section 15.108, subsection 7, paragraph f, Code
2023, is amended to read as follows:
f. To the extent feasible, cooperate with the department of
workforce development and the division of workers’ compensation
of the department of inspections, appeals, and licensing to
establish a program to educate existing employers and new or
potential employers on the rates and workings of the state
unemployment compensation program and the state workers’
compensation program.
Sec. 1729. Section 15E.208, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. An agricultural products processor, if the processor or
-1045-a person owning a controlling interest in the processor has
demonstrated, within the most recent consecutive three-year
period prior to the application for financing, a continuous and
flagrant disregard for the health and safety of its employees
or the quality of the environment. Violations of environmental
protection statutes, rules, or regulations shall be reported
for the most recent five-year period prior to application.
Evidence of such disregard shall include a history of serious
or uncorrected violations of state or federal law protecting
occupational health and safety or the environment, including
but not limited to serious or uncorrected violations of
occupational safety and health standards enforced by the
division of labor services of the department of workforce
development inspections, appeals, and licensing pursuant to
chapter 84A 10A, or rules enforced by the department of natural
resources pursuant to chapter 455B or 459, subchapters II and
III.
Sec. 1730. Section 17A.11, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. For purposes of paragraph “a”, the division of
administrative hearings established in section 10A.801 shall
be treated as a wholly separate agency from the department of
inspections, and appeals, and licensing.
Sec. 1731. Section 35D.15, subsection 2, paragraph c,
subparagraph (2), subparagraph divisions (c), (d), and (e),
Code 2023, are amended to read as follows:
(c) If the member is not satisfied with the decision of the
commission, the member may appeal the commission’s decision
by filing an appeal with the department of inspections, and
appeals, and licensing within five calendar days of being
notified in writing of the commission’s decision.
(d) The department of inspections, and appeals, and
licensing shall render a decision on the appeal of the
commission’s decision and notify the member of the decision,
in writing, within fifteen calendar days of the filing of the
-1046-appeal with the department.
(e) The maximum time period that shall elapse between
receipt by the member of the discharge notice and actual
discharge shall not exceed fifty-five days, which includes the
thirty-day discharge notice period and any time during which
any appeals to the commission or the department of inspections,
and appeals, and licensing are pending.
Sec. 1732. Section 35D.15, subsection 2, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) If a member is not satisfied with the decision of the
department of inspections, and appeals, and licensing, the
member may seek judicial review in accordance with chapter 17A.
A member’s discharge under this subsection shall be stayed
while judicial review is pending.
Sec. 1733. Section 35D.15, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. Any involuntary discharge by the commandant under
this subsection shall comply with the rules adopted by the
commission under this subsection and by the department of
inspections, and appeals, and licensing pursuant to section
135C.14, subsection 8, paragraph “f”.
Sec. 1734. Section 53.8, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. When an application for an absentee ballot is received
by the commissioner of any county from a registered voter who
is a patient in a hospital in that county, a tenant of an
assisted living program in that county as shown by the list
of certifications provided the commissioner under section
231C.21, or a resident of any facility in that county shown to
be a health care facility by the list of licenses provided the
commissioner under section 135C.29, the absentee ballot shall
be delivered to the voter and returned to the commissioner in
the manner prescribed by section 53.22. For purposes of this
paragraph, “assisted living program” means a program certified
pursuant to section 231C.3 that meets the standards for a
-1047-dementia-specific assisted living program, as established
by rule by the department of inspections, and appeals, and
licensing.
Sec. 1735. Section 53.22, subsection 1, Code 2023, is
amended to read as follows:
1. For purposes of this section, “assisted living program”
means a program certified pursuant to section 231C.3 that meets
the standards for a dementia-specific assisted living program,
as established by rule by the department of inspections, and
appeals, and licensing.
Sec. 1736. Section 68B.2, subsection 23, Code 2023, is
amended to read as follows:
23. “Regulatory agency” means the department of agriculture
and land stewardship, department of workforce development,
department of commerce, Iowa department of public health,
department of public safety, department of education, state
board of regents, department of human services, department of
revenue, department of inspections, and appeals, and licensing,
department of administrative services, public employment
relations board, state department of transportation, civil
rights commission, department of public defense, department of
homeland security and emergency management, Iowa ethics and
campaign disclosure board, and department of natural resources.
Sec. 1737. Section 73.16, subsection 2, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The director of each department and agency of state
government shall cooperate with the director of the department
of inspections, and appeals, and licensing, the director of
the economic development authority, and the director of the
department of management and do all acts necessary to carry out
the provisions of this subchapter.
Sec. 1738. Section 80.15, subsection 2, Code 2023, is
amended to read as follows:
2. During the period of twelve months after appointment, a
peace officer of the department is subject to dismissal at the
-1048-will of the commissioner. After the twelve months’ service,
a peace officer of the department, who was appointed after
having passed the examinations, is not subject to dismissal,
suspension, disciplinary demotion, or other disciplinary action
resulting in the loss of pay unless charges have been filed
with the department of inspections, and appeals, and licensing
and a hearing held by the employment appeal board created by
section 10A.601, if requested by the peace officer, at which
the peace officer has an opportunity to present a defense
to the charges. The decision of the appeal board is final,
subject to the right of judicial review in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A. However, these procedures as to dismissal, suspension,
demotion, or other discipline do not apply to a peace officer
who is covered by a collective bargaining agreement which
provides otherwise, and do not apply to the demotion of a
division head to the rank which the division head held at the
time of appointment as division head, if any. A division head
who is demoted has the right to return to the rank which the
division head held at the time of appointment as division head,
if any.
Sec. 1739. Section 84A.5, subsection 6, Code 2023, is
amended to read as follows:
6. The director of the department of workforce development
shall form a coordinating committee composed of the director
of the department of workforce development, the labor
commissioner, the workers’ compensation commissioner, and
other administrators. The committee shall monitor federal
compliance issues relating to coordination of functions among
the divisions within the department.
Sec. 1740. Section 85.3, subsection 2, Code 2023, is amended
to read as follows:
2. Any employer who is a nonresident of this state, for whom
services are performed within this state by any employee, is
deemed to be doing business in this state by virtue of having
-1049-such services performed and the employer and employee shall
be subject to the jurisdiction of the workers’ compensation
commissioner and to all of the provisions of chapter 10A,
subchapter III, this chapter, and chapters 85A, 85B, 86, and
87, as to any and all personal injuries sustained by the
employee arising out of and in the course of such employment
within this state. In addition, every corporation, individual,
personal representative, partnership, or association that has
the necessary minimum contact with this state shall be subject
to the jurisdiction of the workers’ compensation commissioner,
and the workers’ compensation commissioner shall hold such
corporation, individual, personal representative, partnership,
or association amenable to suit in this state in every case not
contrary to the provisions of the Constitution of the United
States.
Sec. 1741. Section 85.3, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. In addition to those persons authorized to receive
personal service as in civil actions as permitted by chapter
17A and this chapter, such employer shall be deemed to have
appointed the secretary of state of this state as its lawful
attorney upon whom may be served or delivered any and all
notices authorized or required by the provisions of chapter
10A, subchapter III, this chapter, and chapters 85A, 85B, 86,
87, and 17A, and to agree that any and all such services or
deliveries of notice on the secretary of state shall be of the
same legal force and validity as if personally served upon or
delivered to such nonresident employer in this state.
Sec. 1742. Section 85.26, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. An original proceeding for benefits under chapter
10A, subchapter III, this chapter, or chapter 85A, or 85B,
or 86, shall not be maintained in any contested case unless
the proceeding is commenced within two years from the date of
the occurrence of the injury for which benefits are claimed
-1050-or, if weekly compensation benefits are paid under section
86.13, within three years from the date of the last payment
of weekly compensation benefits. For the purposes of this
section, “date of the occurrence of the injury” means the date
that the employee knew or should have known that the injury was
work-related.
2. An award for payments or an agreement for settlement
provided by section 86.13 for benefits under this chapter or
chapter 85A or 85B, where the amount has not been commuted,
may be reviewed upon commencement of reopening proceedings
by the employer or the employee within three years from the
date of the last payment of weekly benefits made under the
award or agreement. If an award for payments or agreement for
settlement as provided by section 86.13 for benefits under this
chapter or chapter 85A or 85B has been made and the amount
has not been commuted, or if a denial of liability is not
filed with the workers’ compensation commissioner and notice
of the denial is not mailed to the employee, in the form and
manner required by the commissioner, within six months of the
commencement of weekly compensation benefits, the commissioner
may at any time upon proper application make a determination
and appropriate order concerning the entitlement of an employee
to benefits provided for in section 85.27. The failure to
file a denial of liability does not constitute an admission of
liability under chapter 10A, subchapter III, this chapter, or
chapter 85A, or 85B, or 86.
Sec. 1743. Section 85.31, subsection 5, Code 2023, is
amended to read as follows:
5. Except as otherwise provided by treaty, whenever, under
the provisions of chapter 10A, subchapter III, this chapter,
and chapters 86 and chapter 87, compensation is payable to a
dependent who is an alien not residing in the United States at
the time of the injury, the employer shall pay fifty percent of
the compensation herein otherwise provided to such dependent,
and the other fifty percent shall be paid into the second
-1051-injury fund in the custody of the treasurer of state. But if
the nonresident alien dependent is a citizen of a government
having a compensation law which excludes citizens of the United
States, either resident or nonresident, from partaking of the
benefits of such law in as favorable degree as herein extended
to the nonresident alien, then the compensation which would
otherwise be payable to the dependent shall be paid into the
second injury fund in the custody of the treasurer of state.
Sec. 1744. Section 85.34, subsections 4, 5, and 7, Code
2023, are amended to read as follows:
4. Credits for excess payments. If an employee is paid
weekly compensation benefits for temporary total disability
under section 85.33, subsection 1, for a healing period
under section 85.34, subsection 1, or for temporary partial
disability under section 85.33, subsection 2, in excess of that
required by chapter 10A, subchapter III, this chapter, and
chapters 85A, and 85B, and 86, the excess paid by the employer
shall be credited against the liability of the employer for
any future weekly benefits due for an injury to that employee,
provided that the employer or the employer’s representative has
acted in good faith in determining and notifying an employee
when the temporary total disability, healing period, or
temporary partial disability benefits are terminated.
5. Recovery of employee overpayment. If an employee is paid
any weekly benefits in excess of that required by chapter 10A,
subchapter III, this chapter, and chapters 85A, and 85B, and
86, the excess paid by the employer shall be credited against
the liability of the employer for any future weekly benefits
due pursuant to subsection 2, for any current or subsequent
injury to the same employee.
7. Successive disabilities. An employer is liable for
compensating only that portion of an employee’s disability that
arises out of and in the course of the employee’s employment
with the employer and that relates to the injury that serves
as the basis for the employee’s claim for compensation under
-1052- chapter 10A, subchapter III, this chapter, or chapter 85A, or
85B, or 86. An employer is not liable for compensating an
employee’s preexisting disability that arose out of and in the
course of employment from a prior injury with the employer,
to the extent that the employee’s preexisting disability has
already been compensated under chapter 10A, subchapter III,
this chapter, or chapter 85A, or 85B, or 86. An employer is not
liable for compensating an employee’s preexisting disability
that arose out of and in the course of employment with a
different employer or from causes unrelated to employment.
Sec. 1745. Section 85.35, subsections 1 and 10, Code 2023,
are amended to read as follows:
1. The parties to a contested case or persons who are
involved in a dispute which could culminate in a contested case
may enter into a settlement of any claim arising under chapter
10A, subchapter III, this chapter, or chapter 85A, or 85B, or
86, providing for disposition of the claim. The settlement
shall be in writing on forms prescribed by the workers’
compensation commissioner and submitted to the workers’
compensation commissioner for approval.
10. Approval of a settlement by the workers’ compensation
commissioner is binding on the parties and shall not be
construed as an original proceeding. Notwithstanding any
provisions of chapter 10A, subchapter III, this chapter,
and chapters 85A, 85B, 86, and 87, an approved compromise
settlement shall constitute a final bar to any further rights
arising under chapter 10A, subchapter III, this chapter, and
chapters 85A, 85B, 86, and 87 regarding the subject matter of
the compromise and a payment made pursuant to a compromise
settlement agreement shall not be construed as the payment of
weekly compensation.
Sec. 1746. Section 85.55, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
For purposes of chapter 10A, subchapter III, this chapter,
and chapters 86 and chapter 87, a franchisor shall not be
-1053-considered to be an employer of a franchisee or of an employee
of a franchisee unless any of the following conditions apply:
Sec. 1747. Section 85.59, subsection 7, Code 2023, is
amended to read as follows:
7. Responsibility for the filings required by chapter
86 chapter 10A, subchapter III, for injuries resulting in
permanent disability or death and as modified by this section
shall be made in the same manner as for other employees of the
institution.
Sec. 1748. Section 85.60, Code 2023, is amended to read as
follows:
85.60 Injuries while in work-based learning opportunity,
employment training, or evaluation.
A person participating in a work-based learning opportunity
referred to in section 85.61, or receiving earnings while
engaged in employment training or while undergoing an
employment evaluation under the direction of a rehabilitation
facility approved for purchase-of-service contracts or for
referrals by the department of human services or the department
of education, who sustains an injury arising out of and in the
course of the work-based learning opportunity participation,
employment training, or employment evaluation is entitled
to benefits as provided in chapter 10A, subchapter III,
this chapter, chapter 85A, and chapter 85B, and chapter 86.
Notwithstanding the minimum benefit provisions of this chapter,
a person referred to in this section and entitled to benefits
under this chapter is entitled to receive a minimum weekly
benefit amount for a permanent partial disability under section
85.34, subsection 2, or for a permanent total disability under
section 85.34, subsection 3, equal to the weekly benefit amount
of a person whose gross weekly earnings are thirty-five percent
of the statewide average weekly wage computed pursuant to
section 96.3 and in effect at the time of the injury.
Sec. 1749. Section 85.61, unnumbered paragraph 1, Code
2023, is amended to read as follows:
-1054- In chapter 10A, subchapter III, this chapter, and chapters
86 and chapter 87, unless the context otherwise requires, the
following definitions of terms shall prevail:
Sec. 1750. Section 85.61, subsection 12, paragraph b, Code
2023, is amended to read as follows:
b. The term “worker” or “employee” shall include the
singular and plural. Any reference to a worker or employee
who has been injured shall, when such worker or employee
is dead, include the worker’s or employee’s dependents as
defined in this chapter or the worker’s or employee’s legal
representatives; and where the worker or employee is a minor
or incompetent, it shall include the minor’s or incompetent
person’s guardian, next friend, or trustee. Notwithstanding
any law prohibiting the employment of minors, all minor
employees shall be entitled to the benefits of chapter 10A,
subchapter III, this chapter, and chapters 86 and chapter 87
regardless of the age of such minor employee.
Sec. 1751. Section 85.70, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. Beginning on or before December 1, 2018, the department
of workforce development, in cooperation with the department of
education, the workers’ compensation division of the department
of inspections, appeals, and licensing, the insurance division
of the department of commerce, and all community colleges
that are participating in the new career vocational training
and education program, shall prepare an annual report for
submission to the general assembly that provides information
about the status of the program including but not limited to
the utilization of and participants in the program, program
completion rates, employment rates after completion of the
program and the types of employment obtained by the program
participants, and the effects of the program on workers’
compensation premium rates.
Sec. 1752. Section 85B.14, Code 2023, is amended to read as
follows:
-1055- 85B.14 Applicable chapters.
Chapters Chapter 10A, subchapter III, and chapters 17A,
and 85, and 86, so far as applicable, and not inconsistent
with this chapter, apply in cases of compensable occupational
hearing loss.
Sec. 1753. Section 87.1, subsection 1, Code 2023, is amended
to read as follows:
1. Every employer subject to the provisions of chapter
10A, subchapter III, this chapter, and chapters 85, 85A, and
85B, and 86, unless relieved as hereinafter provided from the
requirements imposed under chapter 10A, subchapter III, this
chapter, and chapters 85, 85A, and 85B, and 86, shall insure
the employer’s liability under chapter 10A, subchapter III,
this chapter, and chapters 85, 85A, and 85B, and 86 in some
corporation, association, or organization approved by the
commissioner of insurance.
Sec. 1754. Section 87.2, subsection 2, Code 2023, is amended
to read as follows:
2. An employer coming under the provisions of chapter 10A,
subchapter III, this chapter, and chapters 85, 85A, and 85B,
and 86 who fails to comply with this section, or to post and
keep the above notice in the manner and form required, shall be
guilty of a simple misdemeanor.
Sec. 1755. Section 87.6, Code 2023, is amended to read as
follows:
87.6 Certificate of approval.
When such scheme or plan is approved by the workers’
compensation commissioner, the commissioner shall issue a
certificate to that effect, whereupon it shall be legal for
such employer, or group of employers, to contract with any or
all of the workers of the employer or group of employers to
substitute such scheme or plan for the provisions relating to
compensation and insurance during a period of time fixed by
said department the insurance division of the department of
insurance and financial services.
-1056- Sec. 1756. Section 87.11, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. a. If an employer becomes insolvent and a debtor under
11 U.S.C., on or after January 1, 1990, the commissioner of
insurance may request of the workers’ compensation commissioner
that all future payments of workers’ compensation weekly
benefits, medical expenses, or other payments pursuant to
chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
or 85B, or 86, be commuted to a present lump sum. The workers’
compensation commissioner shall fix the lump sum of probable
future medical expenses and weekly compensation benefits, or
other benefits payable pursuant to chapter 10A, subchapter III,
this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
at their present value upon the basis of interest at the rate
provided in section 535.3 for court judgments and decrees. The
commissioner of insurance shall be discharged from all further
liability for the commuted workers’ compensation claim upon
payment of the present lump sum to either the claimant, or a
licensed insurer for purchase of an annuity or other periodic
payment plan for the benefit of the claimant.
b. The commissioner of insurance shall not be required to
pay more for all claims of an insolvent self-insured employer
than is available for payment of such claims from the security
given under this section.
4. Notwithstanding contrary provisions of section 85.45,
any future payment of medical expenses, weekly compensation
benefits, or other payments by the commissioner of insurance
from the security given under this section, pursuant to
chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
or 85B, or 86, shall be deemed an undue expense, hardship,
or inconvenience upon the employer for purposes of a full
commutation pursuant to section 85.45, subsection 1, paragraph
“b”.
Sec. 1757. Section 87.13, Code 2023, is amended to read as
follows:
-1057- 87.13 Interpretative clause.
All provisions in chapter 10A, subchapter III, and chapters
85, 85A, 85B, 86, and this chapter relating to compensation
for injuries sustained arising out of and in the course of
employment in the operation of coal mines or production of
coal under any system of removing coal for sale are exclusive,
compulsory and obligatory upon the employer and employee in
such employment.
Sec. 1758. Section 87.14A, Code 2023, is amended to read as
follows:
87.14A Insurance required.
An employer subject to chapter 10A, subchapter III, this
chapter, and chapters 85, 85A, and 85B, and 86 shall not
engage in business without first obtaining insurance covering
compensation benefits or obtaining relief from insurance as
provided in this chapter. A person who willfully and knowingly
violates this section is guilty of a class “D” felony.
Sec. 1759. Section 87.21, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Any employer, except an employer with respect to an exempt
employee under section 85.1, who has failed to insure the
employer’s liability in one of the ways provided in this
chapter, unless relieved from carrying such insurance as
provided in section 87.11, is liable to an employee for
a personal injury in the course of and arising out of the
employment, and the employee may enforce the liability by an
action at law for damages, or may collect compensation as
provided in chapter 10A, subchapter III, and chapters 85, 85A,
and 85B, and 86. In actions by the employee for damages under
this section, the following rules apply:
Sec. 1760. Section 88.1, subsection 3, Code 2023, is amended
to read as follows:
3. Authorizing the labor commissioner to set mandatory
occupational safety and health standards applicable to
businesses, and by providing for an adjudicatory process
-1058-through the employment appeal board within the department
of inspections, and appeals, and licensing for carrying out
adjudicatory functions under this chapter.
Sec. 1761. Section 88.2, subsections 1 and 4, Code 2023, are
amended to read as follows:
1. The labor commissioner, appointed pursuant to section
91.2, and the division of labor services of the department
of workforce development inspections, appeals, and licensing
created in section 84A.1 10A.106 shall administer this chapter.
4. Subject to the approval of the director of the
department of workforce development inspections, appeals, and
licensing, the labor commissioner may enter into contracts
with any state agency, with or without reimbursement, for
the purpose of obtaining the services, facilities, and
personnel of the agency, and with the consent of any state
agency or any political subdivision of the state, accept and
use the services, facilities, and personnel of the agency or
political subdivision, and employ experts and consultants or
organizations, in order to expeditiously, efficiently, and
economically effectuate the purposes of this chapter. The
agreements under this subsection are subject to approval of the
executive council if approval is required by law.
Sec. 1762. Section 88A.1, subsections 4 and 6, Code 2023,
are amended by striking the subsections.
Sec. 1763. Section 88A.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 6B. “Director” means the director of the
department of inspections, appeals, and licensing.
Sec. 1764. Section 88A.2, Code 2023, is amended to read as
follows:
88A.2 Permit required.
1. No amusement device or ride, concession booth, or any
related electrical equipment shall be operated at a carnival
-1059-or fair in this state without a permit having been issued by
the commissioner director to an operator of such equipment. On
or before the first of May of each year, any person required
to obtain a permit by this chapter shall apply to the division
department for a permit on a form furnished by the commissioner
director which form shall contain such information as the
commissioner director may require. The commissioner director
may waive the requirement that an application for a permit
must be filed on or before the first of May of each year if
the applicant gives satisfactory proof to the commissioner
director that the applicant could not reasonably comply with
the date requirement and if the applicant immediately applies
for a permit after the need for a permit is first determined.
For the purpose of determining if an amusement ride, amusement
device, concession booth, or any related electrical equipment
is in safe operating condition and will provide protection
to the public using such ride, device, booth, or related
electrical equipment, each amusement ride, amusement device,
concession booth, or related electrical equipment shall be
inspected by the commissioner director before it is initially
placed in operation in this state, and shall thereafter be
inspected at least once each year.
2. If, after inspection, an amusement device or ride,
concession booth, or related electrical equipment is found
to comply with the rules adopted under this chapter, the
commissioner director shall, upon payment of the permit fee
and the inspection fee, permit the operation of the amusement
device or ride or concession booth or to use any related
electrical equipment.
3. If, after inspection, additions or alterations
are contemplated which change a structure, mechanism,
classification, or capacity, the operator shall notify the
commissioner director of the operator’s intentions in writing
and provide any plans or diagrams requested by the commissioner
director.
-1060- Sec. 1765. Section 88A.3, Code 2023, is amended to read as
follows:
88A.3 Rules.
1. The commissioner director shall adopt rules pursuant to
chapter 17A for the safe installation, repair, maintenance,
use, operation, and inspection of amusement devices, amusement
rides, concession booths, and related electrical equipment at
carnivals and fairs to the extent necessary for the protection
of the public. The rules shall be based on generally accepted
engineering standards and shall be concerned with, but not
necessarily limited to, engineering force stresses, safety
devices, and preventive maintenance. If standards are
available in suitable form, the standards may be incorporated
by reference. The rules shall provide for the reporting of
accidents and injuries incurred from the operation of amusement
devices or rides, concession booths, or related electrical
equipment.
2. The commissioner director may modify or repeal any rule
adopted under the provisions of this chapter.
Sec. 1766. Section 88A.5, Code 2023, is amended to read as
follows:
88A.5 Fees to general fund.
All fees collected by the division department under
the provisions of this chapter shall be transmitted to the
treasurer of state and credited by the treasurer to the general
fund of the state.
Sec. 1767. Section 88A.6, Code 2023, is amended to read as
follows:
88A.6 Personnel.
The commissioner director may employ inspectors and any
other personnel deemed necessary to carry out the provisions
of this chapter, subject to the provisions of chapter 8A,
subchapter IV.
Sec. 1768. Section 88A.7, Code 2023, is amended to read as
follows:
-1061- 88A.7 Cessation order.
The commissioner director may order, in writing, a temporary
cessation of operation of any amusement device or ride,
concession booth, or related electrical equipment if it has
been determined after inspection to be hazardous or unsafe.
Operation of the amusement device or ride, concession booth or
related electrical equipment shall not resume until the unsafe
or hazardous condition is corrected to the satisfaction of the
commissioner director.
Sec. 1769. Section 88A.8, Code 2023, is amended to read as
follows:
88A.8 Judicial review.
Judicial review of action of the commissioner director
may be sought in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A.
Sec. 1770. Section 88A.10, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Any person who operates an amusement device or ride,
concession booth or related electrical equipment at a carnival
or fair without having obtained a permit from the commissioner
director or who violates any order or rule issued by the
commissioner director under this chapter is guilty of a serious
misdemeanor.
2. A person who interferes with, impedes, or obstructs in
any manner the commissioner director in the performance of the
commissioner’s director’s duties under this chapter is guilty
of a simple misdemeanor. A person who bribes or attempts to
bribe the commissioner director is subject to section 722.1.
Sec. 1771. Section 88A.11, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. The commissioner director may exempt amusement devices
from the provisions of this chapter that have self-contained
wiring installed by the manufacturer, that are operated
manually by the use of hands or feet, that operate on less than
one hundred twenty volts of electrical power, and that are
-1062-fixtures or appliances within or part of a structure subject to
the building code of this state or any political subdivision
of this state.
4. The commissioner director may exempt playground
equipment owned, maintained, and operated by any political
subdivision of this state.
Sec. 1772. Section 88A.13, Code 2023, is amended to read as
follows:
88A.13 Waiver of inspection.
The commissioner director may waive the requirement that
an amusement device or ride or any part thereof be inspected
before being operated in this state if an operator gives
satisfactory proof to the commissioner director that the
amusement device or ride or any part thereof has passed an
inspection conducted by a public or private agency whose
inspection standards and requirements are at least equal
to those requirements and standards established by the
commissioner director under the provisions of this chapter.
The annual permit and inspection fees shall be paid before the
commissioner director may waive this requirement.
Sec. 1773. Section 88A.14, Code 2023, is amended to read as
follows:
88A.14 Injunction.
In addition to any and all other remedies, if an owner,
operator, or person in charge of any amusement device or ride,
concession booth, or related electrical equipment covered by
this chapter, continues to operate any amusement device or
ride, concession booth, or related electrical equipment covered
by this chapter, after receiving a notice of defect as provided
by this chapter, without first correcting the defects or making
replacements, the commissioner director may petition the
district court in equity, in an action brought in the name of
the state, for a writ of injunction to restrain the use of the
alleged defective amusement device or ride, concession booth,
or related electrical equipment.
-1063- Sec. 1774. Section 88B.1, subsections 3 and 4, Code 2023,
are amended by striking the subsections and inserting in lieu
thereof the following:
3. “Department” means the department of inspections,
appeals, and licensing.
4. “Director” means the director of the department of
inspections, appeals, and licensing.
Sec. 1775. Section 88B.1, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. “License” means an authorization issued by the division
department permitting an individual person, including a
supervisor or contractor, to work on an asbestos project, to
inspect buildings for asbestos-containing building materials,
to develop management plans, and to act as an asbestos project
designer.
6. “Permit” means an authorization issued by the division
department permitting a business entity to remove or
encapsulate asbestos.
Sec. 1776. Section 88B.3, Code 2023, is amended to read as
follows:
88B.3 Administration — rules — fees — inspections.
1. The commissioner director shall administer this chapter.
2. The commissioner director shall adopt, in accordance
with chapter 17A, rules necessary to carry out the provisions
of this chapter.
3. The commissioner director shall prescribe fees for
the issuance and renewal of licenses and permits. The fees
shall be based on the costs of licensing, permitting, and
administering this chapter, including time spent by personnel
of the division department in performing duties and any travel
expenses incurred. All fees provided for in this chapter shall
be collected by the commissioner director and remitted to the
treasurer of state for deposit in the general fund of the
state.
4. At least once a year, during an actual asbestos project,
-1064-the division department shall conduct an on-site inspection
of each permittee’s procedures for removing and encapsulating
asbestos.
Sec. 1777. Section 88B.3A, subsection 1, Code 2023, is
amended to read as follows:
1. To qualify for a permit, a business entity shall submit
an application to the division department in the form required
by the division department and pay the prescribed fee.
Sec. 1778. Section 88B.4, Code 2023, is amended to read as
follows:
88B.4 Permit — term, renewal, and records required.
1. A permit expires on the first anniversary of its
effective date, unless it is renewed for a one-year term as
provided in this section.
2. At least one month before the permit expires, the
division department shall send to the permittee, at the last
known address of the permittee, a renewal notice that states
all of the following:
a. The date on which the current permit expires.
b. The date by which the renewal application must be
received by the division department for the renewal to be
issued and mailed before the permit expires.
c. The amount of the renewal fee.
3. Before the permit expires, the permittee may renew it for
an additional one-year term, if the business entity meets the
following conditions:
a. Is otherwise entitled to a permit.
b. Submits a renewal application to the division department
in the form required by the division department.
c. Pays the renewal fee prescribed by the division
department.
4. The permittee shall keep a record of each asbestos
project it performs and shall make the record available to the
division department at any reasonable time. Records shall
contain information and be kept for a time prescribed in rules
-1065-adopted by the division department.
Sec. 1779. Section 88B.5, Code 2023, is amended to read as
follows:
88B.5 Waivers and alternative procedures.
1. In an emergency that results from a sudden, unexpected
event that is not a planned renovation or demolition, the
commissioner director may waive the requirement for a permit.
2. If the business entity is not primarily engaged in the
removal or encapsulation of asbestos, the commissioner director
may waive the requirement for a permit if worker protection
requirements are met.
3. The division department shall not approve any waivers
on work conducted at a school, public, or commercial building
unless the request is accompanied by a recommendation from an
asbestos project designer.
Sec. 1780. Section 88B.6, subsection 1, paragraphs a and b,
Code 2023, are amended to read as follows:
a. To apply for a license, an individual shall submit an
application to the division department in the form required by
the division department and shall pay the prescribed fee.
b. The application shall include information prescribed by
rules adopted by the commissioner director.
Sec. 1781. Section 88B.6, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
An individual is not eligible to be or do any of the
following unless the person obtains a license from the division
department:
Sec. 1782. Section 88B.6, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. To qualify for a license, the applicant must have
successfully completed training as established by the United
States environmental protection agency, paid a fee, and met
other requirements as specified by the division department by
rule.
-1066- Sec. 1783. Section 88B.8, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The division department may deny, suspend, or revoke a
permit or license, in accordance with chapter 17A, if the
permittee or licensee does any of the following:
Sec. 1784. Section 88B.8, subsection 2, Code 2023, is
amended to read as follows:
2. Fails at any time to meet the qualifications for a permit
or license or to comply with a rule adopted by the commissioner
director under this chapter.
Sec. 1785. Section 88B.11, Code 2023, is amended to read as
follows:
88B.11 Bids for governmental projects.
A state agency or political subdivision shall not accept a
bid in connection with any asbestos project from a business
entity that does not hold a permit from the division department
at the time the bid is submitted, unless the business entity
provides the state agency or political subdivision with written
proof that ensures that the business entity has contracted
to have the asbestos removal or encapsulation performed by a
licensed asbestos contractor.
Sec. 1786. Section 89.1, subsection 1, Code 2023, is amended
to read as follows:
1. The labor commissioner director shall enforce the
provisions of this chapter and may employ qualified personnel
under the provisions of chapter 8A, subchapter IV, to
administer the provisions of this chapter.
Sec. 1787. Section 89.2, subsection 4, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. “Department” means the department of inspections,
appeals, and licensing.
Sec. 1788. Section 89.2, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. “Director” means the director of the
-1067-department of inspections, appeals, and licensing.
Sec. 1789. Section 89.2, subsection 9, Code 2023, is amended
to read as follows:
9. “Special inspector” means an inspector who holds a
commission from the commissioner director and who is not a
state employee.
Sec. 1790. Section 89.3, Code 2023, is amended to read as
follows:
89.3 Inspection made.
1. It shall be the duty of the commissioner director to
inspect or cause to be inspected internally and externally, at
least once every twelve months, except as otherwise provided
in this section, in order to determine whether all such
equipment is in a safe and satisfactory condition, and properly
constructed and maintained for the purpose for which it is
used, all boilers and unfired steam pressure vessels operating
in excess of fifteen pounds per square inch, all low pressure
heating boilers and unfired steam pressure vessels located in
places of public assembly and other appurtenances used in this
state for generating or transmitting steam for power, or for
using steam under pressure for heating or steaming purposes.
2. The commissioner director may enter any building or
structure, public or private, for the purpose of inspecting any
equipment covered by this chapter or gathering information with
reference thereto.
3. The commissioner may inspect boilers and tanks
and other equipment stamped with the American society of
mechanical engineers code symbol for other than steam pressure,
manufactured in Iowa, when requested by the manufacturer.
4. a. An object that meets all of the following criteria
shall be inspected at least once every two years internally
and externally while not under pressure, and at least once
every two years externally while under pressure, unless the
commissioner director determines that an earlier inspection is
warranted:
-1068- (1) The object is a boiler with one hundred thousand pounds
per hour or more capacity, or the object is an unfired steam
pressure vessel or a regulated appurtenance that is part of the
same system as a boiler with one hundred thousand pounds per
hour or more capacity.
(2) The object contains only water subject to internal
continuous water treatment under the direct supervision of
a graduate engineer or chemist, or one having equivalent
experience in the treatment of boiler water.
(3) The water treatment is for the purpose of controlling
and limiting serious corrosion and other deteriorating factors.
b. The owner or user of an object meeting the criteria in
paragraph “a” shall do the following:
(1) At any time the commissioner director, a special
inspector, or the supervisor of water treatment deems a
hydrostatic test is necessary to determine the safety of
an object, conduct the test under the supervision of the
commissioner director.
(2) Keep available for examination by the commissioner
director accurate records showing the date and actual time the
object is out of service and the reason it is out of service.
(3) Keep available for examination by the commissioner
director chemical physical laboratory analyses of samples of
the object water taken at regular intervals of not more than
forty-eight hours of operation as will adequately show the
condition of the water and any elements or characteristics of
the water which are capable of producing corrosion or other
deterioration of the object or its parts.
5. a. An object that meets all of the following criteria
shall be inspected at least once each year externally while
under pressure and at least once every four years internally
while not under pressure, unless the commissioner director
determines an earlier inspection is warranted:
(1) The object is a boiler with one hundred thousand pounds
per hour or more capacity, or the object is an unfired steam
-1069-pressure vessel or a regulated appurtenance that is part of the
same system as a boiler with one hundred thousand pounds per
hour or more capacity.
(2) The object contains only water subject to internal
continuous water treatment under the direct supervision of
a graduate engineer or chemist, or one having equivalent
experience in the treatment of boiler water.
(3) The water treatment is for the purpose of controlling
and limiting serious corrosion and other deteriorating factors.
(4) Either of the following:
(a) The owner or user is a participant in good standing in
the Iowa occupational safety and health voluntary protection
program and has achieved star status within the program, which
is administered by the division of labor services in the
department of workforce development inspections, appeals, and
licensing.
(b) The object is an unfired steam pressure vessel and is
part of or integral to the continuous operation of a process
covered by and compliant with the occupational safety and
health administration process safety management standard
contained in 29 C.F.R. §1910.119 and the owner demonstrates
such compliance to a special inspector or the commissioner
director. The unfired steam pressure vessel must also be
included as process safety management process equipment in the
owner of the unfired steam pressure vessel’s process safety
management program.
b. The owner or user of an object that meets the criteria in
paragraph “a” shall do the following:
(1) At any time the commissioner director, a special
inspector, or the supervisor of the water treatment deems
a hydrostatic test necessary to determine the safety of
an object, conduct the test under the supervision of the
commissioner director.
(2) Keep available for examination by the commissioner
director accurate records showing the date and actual time the
-1070-object is out of service and the reason it is out of service.
(3) Arrange for an internal inspection of the object during
each planned outage by a special inspector or the commissioner
director.
(4) Keep for examination by the commissioner director
accurate records showing the chemical physical laboratory
analyses of samples of the object’s water taken at regular
intervals of not more than forty-eight hours of operation
adequate to show the condition of the water and any elements
or characteristics of the water that are capable of producing
corrosion or other deterioration of the object or its parts.
6. Internal inspections of cast aluminum steam, cast
aluminum hot water heating, sectional cast iron steam, and
cast iron hot water heating boilers shall be conducted only
as deemed necessary by the commissioner director. External
operating inspections shall be conducted annually.
7. Internal inspections of steel hot water boilers shall be
conducted once every six years. External operating inspections
shall be conducted annually in years other than the year in
which internal inspections are conducted.
8. Inspections of unfired steam pressure vessels operating
in excess of fifteen pounds per square inch and low pressure
steam boilers shall be conducted at least once each calendar
year. The inspections conducted within each two-year period
shall include an external inspection conducted while the boiler
is operating and an internal inspection, where construction
permits. No more than one inspection shall be conducted per
six-month period. An internal inspection of an unfired steam
pressure vessel or low pressure steam boiler may be required
at any time by the commissioner director upon the observation
by an inspector of conditions, enumerated by the commissioner
director through rules, warranting an internal inspection.
If a low pressure steam boiler is in dry lay-up, an internal
inspection shall be conducted in lieu of an external
inspection. For purposes of this subsection, “dry lay-up”
-1071-means a process whereby a boiler is taken out of service for a
period of six months or longer, drained, dried, and cleaned,
and measures to prevent corrosion are performed on the boiler.
9. An internal inspection shall not be required on an
unfired steam pressure vessel that was manufactured without an
inspection opening.
10. An exhibition boiler does not require an annual
inspection certificate but special inspections may be requested
by the owner or an event’s management to be performed by the
commissioner director. Upon the completion of an exhibition
boiler inspection a written condition report shall be prepared
by the commissioner director regarding the condition of
the exhibition boiler’s boiler or pressure vessel. This
report will be issued to the owner and the management of all
events at which the exhibition boiler is to be operated. The
event’s management is responsible for the decision on whether
the exhibition boiler should be operated and shall inform
the division of labor services department of the event’s
management’s decision. The event’s management is responsible
for any injuries which result from the operation of any
exhibition boiler approved for use at the event by the event’s
management. A repair symbol, known as the “R” stamp, is not
required for repairs made to exhibition boilers pursuant to the
rules regarding inspections and repair of exhibition boilers as
adopted by the commissioner director, pursuant to chapter 17A.
11. An inspection report created pursuant to this chapter
that requires modification, alteration, or change shall be in
writing and shall cite the state law or rule or the ASME code
section allegedly violated.
Sec. 1791. Section 89.4, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
Unfired steam pressure vessels not exceeding the following
limitations are not required to be reported to the commissioner
director and shall be exempt from regular inspection under
provisions of this chapter:
-1072- Sec. 1792. Section 89.5, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. The commissioner director shall investigate and record
the cause of any boiler explosion that may occur in the state,
the loss of life, injuries sustained, and estimated loss of
property, if any; and such other data as may be of benefit in
preventing a recurrence of similar explosions.
2. The commissioner director shall keep a complete and
accurate record of the name of the owner or user of each steam
boiler or other equipment subject to this chapter, giving
a full description of the equipment, including the type,
dimensions, age, condition, the amount of pressure allowed, and
the date when last inspected.
Sec. 1793. Section 89.6, Code 2023, is amended to read as
follows:
89.6 Notice to commissioner director.
1. Before any equipment included under the provisions
of this chapter is installed by any owner, user, or lessee
thereof, a ten days’ written notice of intention to install the
equipment shall be given to the commissioner director. The
notice shall designate the proposed place of installation, the
type and capacity of the equipment, the use to be made thereof,
the name of the company which manufactured the equipment, and
whether the equipment is new or used.
2. Before any power boiler is converted to a low pressure
boiler, the owner or user shall give to the commissioner
director ten days’ written notice of intent to convert the
boiler. The notice shall designate the boiler location, the
uses of the building, and other information specified by rule
by the board.
Sec. 1794. Section 89.7, Code 2023, is amended to read as
follows:
89.7 Special inspectors.
1. The inspection required by this chapter shall not be
made by the commissioner director if an owner or user of
-1073-equipment specified by this chapter obtains an inspection by
a representative of a reputable insurance company and obtains
a policy of insurance upon the equipment from that insurance
company.
2. The representative conducting the inspection shall
be commissioned by the commissioner director as a special
inspector for the year during which the inspection occurs
and shall meet such other requirements as the commissioner
director may by rule establish. The commission shall be valid
for one year and the special inspector shall pay a fee for the
issuance of the commission. The commissioner director shall
establish the amount of the fee by rule. The commissioner
director shall establish rules for the issuance and revocation
of special inspector commissions. The rules are subject to the
requirements of chapter 17A.
3. The insurance company shall file a notice of insurance
coverage on forms approved by the commissioner director stating
that the equipment is insured and that inspection shall be made
in accordance with section 89.3.
4. The special inspector shall provide the user and the
commissioner director with an inspection report including the
nature and extent of all defects and violations, in a format
approved by the labor commissioner director.
5. The failure of a special inspector to inform the
commissioner director of violations shall not subject the
commissioner director to liability for any damages incurred.
Sec. 1795. Section 89.7A, Code 2023, is amended to read as
follows:
89.7A Certificates.
1. The commissioner director shall issue a certificate of
inspection valid for the period specified in section 89.3 after
the payment of a fee, the filing of an inspection report, and
the correction or other appropriate resolution of any defects
identified in the inspection report. The certificate shall be
posted at a place near the location of the equipment.
-1074- 2. The owner or user of any equipment covered in this
chapter, or persons in charge of such equipment, shall not
allow or permit a greater pressure in any unit than is stated
in the certificate of inspection issued by the commissioner
director.
3. The commissioner director shall indicate to the user
whether or not the equipment may be used without making repair
or replacement of defective parts, or whether or how the
equipment may be used in a limited capacity before repairs
or replacements are made, and the commissioner director may
permit the user a reasonable time to make such repairs or
replacements.
Sec. 1796. Section 89.8, Code 2023, is amended to read as
follows:
89.8 Boiler and pressure vessel safety fund — fees
appropriated.
A boiler and pressure vessel safety revolving fund is
created within the state treasury under the control of the
commissioner director and shall consist of moneys collected
by the commissioner director as fees. Moneys in the fund are
appropriated and shall be used by the commissioner director
to pay the actual costs and expenses necessary to operate the
board and administer the provisions of this chapter. All
salaries and expenses properly chargeable to the fund shall be
paid from the fund. Section 8.33 does not apply to any moneys
in the fund. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys deposited in the fund shall be
credited to the fund.
Sec. 1797. Section 89.9, Code 2023, is amended to read as
follows:
89.9 Disposal of fees.
All fees provided for in this chapter shall be collected
by the commissioner director and remitted to the treasurer
of state, to be deposited in the boiler and pressure vessel
safety fund pursuant to section 89.8, together with an itemized
-1075-statement showing the source of collection.
Sec. 1798. Section 89.11, Code 2023, is amended to read as
follows:
89.11 Injunction.
1. In addition to all other remedies, if any owner, user,
or person in charge of any equipment covered by this chapter
continues to use any equipment covered by this chapter,
after receiving an inspection report identifying defects and
exhausting appeal rights as provided by this chapter without
first correcting the defects or making replacements, the
commissioner director may apply to the district court by
petition in equity, in an action brought in the name of the
state, for a writ of injunction to restrain the use of the
alleged defective equipment.
2. If the commissioner director believes that the continued
operation of equipment constitutes an imminent danger that
could seriously injure or cause death to any person, in
addition to all other remedies, the commissioner director
may apply to the district court in the county in which the
imminently dangerous condition exists for a temporary order to
enjoin the owner, user, or person in charge from operating the
equipment before the owner’s, user’s, or person’s rights to
administrative appeals have been exhausted.
Sec. 1799. Section 89.12, Code 2023, is amended to read as
follows:
89.12 Hearing — notice — decree.
The commissioner director shall notify in writing the owner
or user of the equipment of the time and place of hearing of the
petition as fixed by the court or judge, and shall serve the
notice on the defendant at least five days prior to the hearing
in the same manner as original notices are served. The general
provisions relating to civil practice and procedure as may be
applicable, shall govern the proceedings, except as herein
modified. In the event the defendant does not appear or plead
to the action, default shall be entered against the defendant.
-1076-The action shall be tried in equity, and the court or judge
shall make such order or decree as the evidence warrants.
Sec. 1800. Section 89.13, Code 2023, is amended to read as
follows:
89.13 Civil penalty allowed.
If upon notice and hearing the commissioner director
determines that an owner has operated a facility in violation
of a safety order, the commissioner director may assess a civil
penalty against the owner in an amount not exceeding five
hundred dollars, as determined by the commissioner director.
An order assessing a civil penalty is subject to appeal to
the employment appeal board and to judicial review. The
commissioner director may commence an action in the district
court to enforce payment of a civil penalty. Revenue from
the penalty provided in this section shall be remitted to the
treasurer of state for deposit in the general fund of the
state.
Sec. 1801. Section 89.14, subsection 1, Code 2023, is
amended to read as follows:
1. A boiler and pressure vessel board is created within
the division of labor services of the department of workforce
development to formulate definitions and rules requirements
for the safe and proper installation, repair, maintenance,
alteration, use, and operation of boilers and pressure vessels
in this state.
Sec. 1802. Section 89.14, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The commissioner director or the commissioner’s
director’s designee.
Sec. 1803. Section 89.14, subsections 4, 6, and 8, Code
2023, are amended to read as follows:
4. The members of the board shall select a chairperson, vice
chairperson, and secretary from their membership. However,
neither the commissioner director nor the commissioner’s
director’s designee shall serve as chairperson. The board
-1077-shall meet at least quarterly but may meet as often as
necessary. Meetings shall be set by a majority of the board
or upon the call of the chairperson, or in the chairperson’s
absence, upon the call of the vice chairperson. A majority of
the board members shall constitute a quorum.
6. A notice of defect or inspection report issued by the
commissioner director pursuant to this chapter may, within
thirty days after the making of the order, be appealed to
the board. Board action constitutes final agency action for
purposes of chapter 17A.
8. The board shall establish fees for examinations,
inspections, annual statements, shop inspections, and other
services. The fees shall reflect the actual costs and expenses
necessary to operate the board and perform the duties of the
commissioner director.
Sec. 1804. Section 89A.1, subsections 2 and 4, Code 2023,
are amended by striking the subsections.
Sec. 1805. Section 89A.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 4A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 4B. “Director” means the director of the
department of inspections, appeals, and licensing.
Sec. 1806. Section 89A.1, subsections 11, 15, 16, and 19,
Code 2023, are amended to read as follows:
11. “Inspector” means an inspector employed by the division
department for the purpose of administering this chapter.
15. “New installation” means a conveyance the construction
or relocation of which is begun, or for which an application
for a new installation permit is filed, on or after the
effective date of rules relating to those permits adopted by
the commissioner director under authority of this chapter. All
other installations are existing installations.
16. “Owner” means the owner of a conveyance, unless the
conveyance is a new installation or is undergoing major
-1078-alterations, in which case the owner shall be considered the
person responsible for the installation or alteration of the
conveyance until the conveyance has passed final inspection by
the division department.
19. “Special inspector” means an inspector commissioned
by the labor commissioner director, and not employed by the
division department.
Sec. 1807. Section 89A.3, subsections 6 and 8, Code 2023,
are amended to read as follows:
6. The commissioner director shall furnish copies of
the rules adopted pursuant to this chapter to any person who
requests them, without charge, or upon payment of a charge not
to exceed the actual cost of printing of the rules.
8. The commissioner director may adopt rules pursuant to
chapter 17A relating to the denial, issuance, revocation, and
suspension of special inspector commissions.
Sec. 1808. Section 89A.4, Code 2023, is amended to read as
follows:
89A.4 Commissioner’s Director’s duties and personnel.
The commissioner director shall enforce the provisions of
this chapter. The commissioner director shall employ personnel
for the administration of this chapter pursuant to chapter 8A,
subchapter IV.
Sec. 1809. Section 89A.5, Code 2023, is amended to read as
follows:
89A.5 Registration of conveyances.
The owner of every existing conveyance, whether or not
dormant, shall register the conveyance with the commissioner
director, giving type, contract load and speed, name of
manufacturer, its location, and the purpose for which it is
used, and other information the commissioner director may
require. Registration shall be made in a format required by
the division department.
Sec. 1810. Section 89A.6, subsections 2, 4, and 5, Code
2023, are amended to read as follows:
-1079- 2. Every existing conveyance registered with the
commissioner director shall be inspected within one year
after the effective date of the registration, except that the
safety board may extend by rule the time specified for making
inspections.
4. The inspections required by subsections 1 through 3
shall be made only by inspectors or special inspectors. An
inspection by a special inspector may be accepted by the
commissioner director in lieu of a required inspection by an
inspector.
5. A report of every inspection shall be filed with the
commissioner director by the inspector or special inspector,
in a format required by the commissioner director, after the
inspection has been completed and within the time provided
by rule, but not to exceed thirty days. The report shall
include all information required by the commissioner director
to determine whether the conveyance is in compliance with
applicable rules. For the inspection required by subsection
1, the report shall indicate whether the conveyance has
been installed in accordance with the detailed plans and
specifications approved by the commissioner director, and
meets the requirements of the applicable rules. The failure
of a special inspector to inform the commissioner director
of violations shall not subject the commissioner director to
liability for any damages incurred.
Sec. 1811. Section 89A.7, Code 2023, is amended to read as
follows:
89A.7 Alteration permits.
The owner shall submit to the commissioner director detailed
plans, specifications, and other information the commissioner
director may require for each conveyance to be altered,
together with an application for an alteration permit, in
a format required by the commissioner director. Repairs
or replacements necessary for normal maintenance are not
alterations, and may be made on existing installations with
-1080-parts equivalent in material, strength, and design to those
replaced and no plans or specifications or application need be
filed for the repairs or replacements. However, this section
does not authorize the use of any conveyance contrary to an
order issued pursuant to section 89A.10, subsections 2 and 3.
Sec. 1812. Section 89A.8, Code 2023, is amended to read as
follows:
89A.8 New installation permits.
1. The installation or relocation of a conveyance shall
not begin until an installation permit has been issued by the
commissioner director.
2. An application for an installation permit shall be
submitted in a format determined by the commissioner director.
3. a. If the application or any accompanying materials
indicates a failure to comply with applicable rules, the
commissioner director shall give notice of the compliance
failures to the person filing the application.
b. If the application indicates compliance with applicable
rules or after compliance failures have been remedied, the
commissioner director shall issue an installation permit for
relocation or installation, as applicable.
Sec. 1813. Section 89A.9, subsection 1, Code 2023, is
amended to read as follows:
1. Operating permits shall be issued by the commissioner
director to the owner of every conveyance when the inspection
report indicates compliance with the applicable provisions
of this chapter. However, a permit shall not be issued
if the fees required by this chapter have not been paid.
Permits shall be issued within thirty days after filing of
the inspection report required by section 89A.6, unless the
time is extended for cause by the division department. A
conveyance shall not be operated after the thirty days or after
an extension granted by the commissioner director has expired,
unless an operating permit has been issued.
Sec. 1814. Section 89A.10, Code 2023, is amended to read as
-1081-follows:
89A.10 Enforcement orders by commissioner director —
injunction.
1. If an inspection report indicates a failure to comply
with applicable rules, or with the detailed plans and
specifications approved by the commissioner director, the
commissioner director may, upon giving notice, order the owner
of a conveyance to make the changes necessary for compliance.
2. If the owner does not make the changes necessary for
compliance as required in subsection 1 within the period
specified by the commissioner director, the commissioner
director, upon notice, may suspend or revoke the operating
permit, or may refuse to issue the operating permit for
the conveyance. The commissioner director shall notify the
owner of any action to suspend, revoke, or refuse to issue an
operating permit and the reason for the action by service in
the same manner as an original notice or by certified mail. An
owner may appeal the commissioner’s director’s initial decision
to the safety board. The decision of the safety board shall be
considered final agency action pursuant to chapter 17A.
3. If the commissioner director has reason to believe
that the continued operation of a conveyance constitutes
an imminent danger which could reasonably be expected to
seriously injure or cause death to any person, in addition to
any other remedies, the commissioner director may apply to the
district court in the county in which such imminently dangerous
condition exists for a temporary order for the purpose of
enjoining such imminently dangerous conveyance. Upon hearing,
if deemed appropriate by the court, a permanent injunction
may be issued to ensure that such imminently dangerous
conveyance be prevented or controlled. Upon the elimination
or rectification of such imminently dangerous condition, the
temporary or permanent injunction shall be vacated.
Sec. 1815. Section 89A.12, Code 2023, is amended to read as
follows:
-1082- 89A.12 Access to conveyances.
Every owner of a conveyance subject to regulation by
this chapter shall grant access to that conveyance to the
commissioner director and personnel of the division department.
Inspections shall be permitted at reasonable times, with or
without prior notice.
Sec. 1816. Section 89A.13, subsections 1, 2, and 4, Code
2023, are amended to read as follows:
1. An elevator safety board is created within the division
of labor services in the department of workforce development
to formulate definitions and rules for the safe and proper
installation, repair, maintenance, alteration, use, and
operation of conveyances in this state.
2. The safety board is composed of nine members, one of
whom shall be the commissioner director or the commissioner’s
director’s designee. The governor shall appoint the remaining
eight members of the board, subject to senate confirmation, to
staggered four-year terms which shall begin and end as provided
in section 69.19. The members shall be as follows: two
representatives from an elevator manufacturing company or
its authorized representative; two representatives from
elevator servicing companies; one building owner or manager;
one representative employed by a local government in this
state who is knowledgeable about building codes in this
state; one representative of workers actively involved in the
installation, maintenance, and repair of elevators; and one
licensed mechanical engineer.
4. The members of the safety board shall select a
chairperson, vice chairperson, and a secretary from their
membership. However, neither the commissioner director nor the
commissioner’s director’s designee shall serve as chairperson.
The safety board shall meet at least quarterly but may meet as
often as necessary. Meetings shall be set by a majority of the
safety board or upon the call of the chairperson, or in the
chairperson’s absence, upon the call of the vice chairperson.
-1083-A majority of the safety board members shall constitute a
quorum.
Sec. 1817. Section 89A.15, Code 2023, is amended to read as
follows:
89A.15 Inspections by local authorities.
A city or other governmental subdivision shall not make or
maintain any ordinance, bylaw, or resolution providing for the
licensing of special inspectors. An ordinance or resolution
relating to the inspection, construction, installation,
alteration, maintenance, or operation of conveyances within
the limits of the city or governmental subdivision which
conflicts with this chapter or with rules adopted pursuant
to this chapter is void. The commissioner director, in the
commissioner’s director’s discretion, may accept inspections by
local authorities in lieu of inspections required by section
89A.6, but only upon a showing by the local authority that
applicable laws and rules will be consistently and literally
enforced and that inspections will be performed by special
inspectors.
Sec. 1818. Section 89A.16, Code 2023, is amended to read as
follows:
89A.16 Prosecution of offenses.
The division department shall cause prosecution for the
violation of the provisions of this chapter to be instituted
by the attorney general in the county in which the violation
occurred.
Sec. 1819. Section 89A.18, Code 2023, is amended to read as
follows:
89A.18 Civil penalty.
If upon notice and hearing the commissioner director
determines that an owner has operated a conveyance after an
order of the commissioner director that suspends, revokes,
or refuses to issue an operating permit for the conveyance
has become final under section 89A.10, subsection 2, the
commissioner director may assess a civil penalty against the
-1084-owner in an amount not exceeding five hundred dollars, as
determined by the commissioner director. An order assessing
a civil penalty is subject to appeal under section 89A.10,
subsection 2, in the same manner and to the same extent as
decisions referred to in that subsection. The commissioner
director may commence an action in the district court to
enforce payment of the civil penalty. A record of assessment
against or payment of a civil penalty by any person for a
violation of this section shall not be admissible as evidence
in any court in any civil action. Revenue from the penalty
provided in this section shall be remitted to the treasurer of
state for deposit in the state general fund.
Sec. 1820. Section 89A.19, Code 2023, is amended to read as
follows:
89A.19 Elevator safety fund — fees appropriated.
A revolving elevator safety fund is created in the state
treasury under the control of the commissioner director and
shall consist of moneys collected by the commissioner director
as fees. Moneys in the fund are appropriated to and shall
be used by the commissioner director to pay the actual costs
and expenses necessary to operate the safety board and perform
the duties of the commissioner director as described in this
chapter. All fees collected by the commissioner director
pursuant to this chapter shall be remitted to the treasurer
of state to be deposited in the elevator safety fund. All
salaries and expenses properly chargeable to the fund shall be
paid from the fund. Section 8.33 does not apply to any moneys
in the fund. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys deposited in the fund shall be
credited to the fund.
Sec. 1821. Section 89B.3, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 01. “Commissioner” means the labor
commissioner appointed pursuant to section 10A.203, or the
labor commissioner’s designee.
-1085- Sec. 1822. Section 89B.3, subsection 1, Code 2023, is
amended to read as follows:
1. “Division” means the division of labor services of the
department of workforce development created under section 84A.1
inspections, appeals, and licensing.
Sec. 1823. Section 90A.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Commissioner” means the state commissioner of athletics,
who is also the labor commissioner appointed pursuant to
section 91.2, director of the department of inspections,
appeals, and licensing or the labor commissioner’s director’s
designee.
Sec. 1824. Section 91A.2, subsection 1, Code 2023, is
amended by striking the subsection.
Sec. 1825. Section 91A.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. “Director” means the director of the
department of inspections, appeals, and licensing.
Sec. 1826. Section 91A.6, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An employer shall after being notified by the commissioner
director pursuant to subsection 2:
Sec. 1827. Section 91A.6, subsection 2, Code 2023, is
amended to read as follows:
2. The commissioner director shall notify an employer to
comply with subsection 1 if the employer has paid a claim
for unpaid wages or nonreimbursed authorized expenses and
liquidated damages under section 91A.10 or if the employer
has been assessed a civil money penalty under section 91A.12.
However, a court may, when rendering a judgment for wages or
nonreimbursed authorized expenses and liquidated damages or
upholding a civil money penalty assessment, order that an
employer shall not be required to comply with the provisions of
subsection 1 or that an employer shall be required to comply
with the provisions of subsection 1 for a particular period of
-1086-time.
Sec. 1828. Section 91A.9, Code 2023, is amended to read as
follows:
91A.9 General powers and duties of the commissioner director.
1. The commissioner director shall administer and enforce
the provisions of this chapter. The commissioner director may
hold hearings and investigate charges of violations of this
chapter.
2. The commissioner director may, consistent with due
process of law, enter any place of employment to inspect
records concerning wages and payrolls, to question the employer
and employees, and to investigate such facts, conditions, or
matters as are deemed appropriate in determining whether any
person has violated the provisions of this chapter. However,
such entry by the commissioner director shall only be in
response to a written complaint.
3. The commissioner director may employ such qualified
personnel as are necessary for the enforcement of this chapter.
Such personnel shall be employed pursuant to chapter 8A,
subchapter IV.
4. The commissioner director shall, in consultation with
the United States department of labor, develop a database of
the employers in this state utilizing special certificates
issued by the United States secretary of labor as authorized
under 29 U.S.C. §214, and shall maintain the database.
5. The commissioner director shall promulgate, pursuant to
chapter 17A, any rules necessary to carry out the provisions of
this chapter.
Sec. 1829. Section 91A.10, Code 2023, is amended to read as
follows:
91A.10 Settlement of claims and suits for wages —
prohibition against discharge of employee.
1. Upon the written complaint of the employee involved,
the commissioner director may determine whether wages have
not been paid and may constitute an enforceable claim. If
-1087-for any reason the commissioner director decides not to make
such determination, the commissioner director shall so notify
the complaining employee within fourteen days of receipt of
the complaint. The commissioner director shall otherwise
notify the employee of such determination within a reasonable
time and if it is determined that there is an enforceable
claim, the commissioner director shall, with the consent of
the complaining employee, take an assignment in trust for the
wages and for any claim for liquidated damages without being
bound by any of the technical rules respecting the validity of
the assignment. However, the commissioner director shall not
accept any complaint for unpaid wages and liquidated damages
after one year from the date the wages became due and payable.
2. The commissioner director, with the assistance of the
office of the attorney general if the commissioner director
requests such assistance, shall, unless a settlement is
reached under this subsection, commence a civil action in any
court of competent jurisdiction to recover for the benefit
of any employee any wage, expenses, and liquidated damages’
claims that have been assigned to the commissioner director
for recovery. The commissioner director may also request
reasonable and necessary attorney fees. With the consent
of the assigning employee, the commissioner director may
also settle a claim on behalf of the assigning employee.
Proceedings under this subsection and subsection 1 that precede
commencement of a civil action shall be conducted informally
without any party having a right to be heard before the
commissioner director. The commissioner director may join
various assignments in one claim for the purpose of settling or
litigating their claims.
3. The provisions of subsections 1 and 2 shall not be
construed to prevent an employee from settling or bringing an
action for damages under section 91A.8 if the employee has not
assigned the claim under subsection 1.
4. Any recovery of attorney fees, in the case of actions
-1088-brought under this section by the commissioner director, shall
be remitted by the commissioner director to the treasurer of
state for deposit in the general fund of the state. Also, the
commissioner director shall not be required to pay any filing
fee or other court costs.
5. An employer shall not discharge or in any other manner
discriminate against any employee because the employee has
filed a complaint, assigned a claim, or brought an action
under this section or has cooperated in bringing any action
against an employer. Any employee may file a complaint with
the commissioner director alleging discharge or discrimination
within thirty days after such violation occurs. Upon receipt
of the complaint, the commissioner director shall cause an
investigation to be made to the extent deemed appropriate. If
the commissioner director determines from the investigation
that the provisions of this subsection have been violated, the
commissioner director shall bring an action in the appropriate
district court against such person. The district court shall
have jurisdiction, for cause shown, to restrain violations of
this subsection and order all appropriate relief including
rehiring or reinstatement of the employee to the former
position with back pay.
Sec. 1830. Section 91A.11, Code 2023, is amended to read as
follows:
91A.11 Wage claims brought under reciprocity.
1. The commissioner director may enter into reciprocal
agreements with the labor department or corresponding agency
of any other state or its representatives for the collection
in such other states of claims or judgments for wages and
other demands based upon claims assigned to the commissioner
director.
2. The commissioner director may, to the extent provided
for by any reciprocal agreement entered into by law or with an
agency of another state as provided in this section, maintain
actions in the courts of such other state to the extent
-1089-permitted by the laws of that state for the collection of
claims for wages, judgments and other demands and may assign
such claims, judgments and demands to the labor department or
agency of such other state for collection to the extent that
such an assignment may be permitted or provided for by the laws
of such state or by reciprocal agreement.
3. The commissioner director may, upon the written consent
of the labor department or other corresponding agency of any
other state or its representatives, maintain actions in the
courts of this state upon assigned claims for wages, judgments
and demands arising in such other state in the same manner
and to the same extent that such actions by the commissioner
director are authorized when arising in this state. However,
such actions may be maintained only in cases in which such
other state by law or reciprocal agreement extends a like
comity to cases arising in this state.
Sec. 1831. Section 91A.12, Code 2023, is amended to read as
follows:
91A.12 Civil penalties.
1. Any employer who violates the provisions of this chapter
or the rules promulgated under it shall be subject to a civil
money penalty of not more than five hundred dollars per pay
period for each violation. The commissioner director may
recover such civil money penalty according to the provisions
of subsections 2 through 5. Any civil money penalty recovered
shall be deposited in the general fund of the state.
2. The commissioner director may propose that an employer
be assessed a civil money penalty by serving the employer with
notice of such proposal in the same manner as an original
notice is served under the rules of civil procedure. Upon
service of such notice, the proposed assessment shall be
treated as a contested case under chapter 17A. However, an
employer must request a hearing within thirty days of being
served.
3. If an employer does not request a hearing pursuant
-1090-to subsection 2 or if the commissioner director determines,
after an appropriate hearing, that an employer is in violation
of this chapter, the commissioner director shall assess a
civil money penalty which is consistent with the provisions
of subsection 1 and which is rendered with due consideration
for the penalty amount in terms of the size of the employer’s
business, the gravity of the violation, the good faith of the
employer, and the history of previous violations.
4. An employer may seek judicial review of any assessment
rendered under subsection 3 by instituting proceedings for
judicial review pursuant to chapter 17A. However, such
proceedings must be instituted in the district court of the
county in which the violation or one of the violations occurred
and within thirty days of the day on which the employer was
notified that an assessment has been rendered. Also, an
employer may be required, at the discretion of the district
court and upon instituting such proceedings, to deposit the
amount assessed with the clerk of the district court. Any
moneys so deposited shall either be returned to the employer
or be forwarded to the commissioner director for deposit in
the general fund of the state, depending on the outcome of the
judicial review, including any appeal to the supreme court.
5. After the time for seeking judicial review has expired
or after all judicial review has been exhausted and the
commissioner’s director’s assessment has been upheld, the
commissioner director shall request the attorney general to
recover the assessed penalties in a civil action.
Sec. 1832. Section 91A.15, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The franchisor has been found by the commissioner
director to have exercised a type or degree of control over
the franchisee or the franchisee’s employees that is not
customarily exercised by a franchisor for the purpose of
protecting the franchisor’s trademarks and brand.
Sec. 1833. Section 91C.1, Code 2023, is amended to read as
-1091-follows:
91C.1 Definition — exemption — combined registration and
licensing process for plumbers and mechanical professionals.
1. As used in this chapter, unless the context otherwise
requires, “contractor”:
a. “Contractor”means a person who engages in the business
of construction, as the term “construction” is defined in the
Iowa administrative code for purposes of chapter 96, the Iowa
employment security law. However, a person who earns less than
two thousand dollars annually or who performs work or has work
performed on the person’s own property is not a contractor for
purposes of this chapter.
b. “Department” means the department of inspections,
appeals, and licensing.
c. “Director” means the director of the department of
inspections, appeals, and licensing.
2. The state, its boards, commissions, agencies,
departments, and its political subdivisions including school
districts and other special purpose districts, are not
contractors for purposes of this chapter.
2. 3. If a contractor’s registration application shows
that the contractor is self-employed, does not pay more than
two thousand dollars annually to employ other persons in the
business, and does not work with or for other contractors in
the same phases of construction, the contractor is exempt from
the fee requirements under this chapter.
3. 4. a. The labor services division of the department of
workforce development and the Iowa department of public health
will work with stakeholders to develop a plan to combine the
contractor registration and contractor licensing application
process for contractors licensed under chapter 105, to be
implemented in time for licensing renewals due July 1, 2017.
Effective July 1, 2017, a A contractor licensed under chapter
105 shall register as a contractor under this chapter in
conjunction with the contractor licensing process established
-1092-by the department. At no cost to the labor services division,
the The department of public health shall collect both the
registration and licensing applications as part of one combined
application. The labor commissioner director shall design
the contractor registration application form to exclude
from the division of labor services’ department’s contractor
registration application process those contractors who are also
covered by chapter 103 or 105. The labor commissioner director
is authorized to adopt rules as needed to accomplish a merger
of the application systems including transitional registration
periods and fees.
b. Effective July 1, 2017, excluding registrations by
contractors that are exempt from the registration fee pursuant
to this section, the department of public health shall collect
and transfer to the labor services division a portion of each
contractor license fee equal to three times the contractor
registration fee for each three-year license or a prorated
portion thereof using a one-sixth deduction for each six-month
period of the renewal cycle.
Sec. 1834. Section 91C.2, Code 2023, is amended to read as
follows:
91C.2 Registration required — conditions.
A contractor doing business in this state shall register
with the labor commissioner director and shall meet all of the
following requirements as a condition of registration:
1. The contractor shall be in compliance with the laws of
this state relating to workers’ compensation insurance and
shall provide evidence of workers’ compensation insurance
coverage annually, of relief from the insurance requirement
pursuant to section 87.11, or a statement that the contractor
is not required to carry workers’ compensation coverage.
Notice of a policy’s cancellation shall be provided to the
labor commissioner director by the insurance company.
2. The contractor shall possess an employer account number
or a special contractor number issued by the department
-1093-of workforce development pursuant to chapter 96, the Iowa
employment security law.
3. An out-of-state contractor shall either file a surety
bond, as provided in section 91C.7, with the division of labor
services department in the amount of twenty-five thousand
dollars or shall provide a statement to the division of labor
services department that the contractor is prequalified to bid
on projects for the department of transportation pursuant to
section 314.1.
Sec. 1835. Section 91C.3, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The registration application shall be in the form prescribed
by the labor commissioner director, shall be accompanied by
the registration fee prescribed pursuant to section 91C.4, and
shall contain information which is substantially complete and
accurate. In addition to the information determined by the
labor commissioner director to be necessary for purposes of
section 91C.2, the application shall include information as to
each of the following:
Sec. 1836. Section 91C.3, subsection 2, Code 2023, is
amended to read as follows:
2. Any change in the information provided shall be reported
promptly to the labor commissioner director.
Sec. 1837. Section 91C.4, Code 2023, is amended to read as
follows:
91C.4 Fees.
The labor commissioner director shall prescribe the fee for
registration, which fee shall not exceed fifty dollars every
year.
Sec. 1838. Section 91C.5, Code 2023, is amended to read as
follows:
91C.5 Public registration number — records — revocation.
1. The labor commissioner director shall issue to each
registered contractor an identifying public registration
number and shall compile records showing the names and public
-1094-registration numbers of all contractors registered in the
state. These records and the complete registration information
provided by each contractor are public records and the labor
commissioner director shall take steps as necessary to
facilitate access to the information by governmental agencies
and the general public.
2. The labor commissioner director shall revoke a
registration number when the contractor fails to maintain
compliance with the conditions necessary to obtain a
registration. The labor commissioner director shall provide
a fact-finding interview to assure that the contractor is not
in compliance before revoking any registration. Hearings on
revocation of registrations shall be held in accordance with
section 91C.8.
Sec. 1839. Section 91C.6, Code 2023, is amended to read as
follows:
91C.6 Rules.
The labor commissioner director shall adopt rules, pursuant
to chapter 17A, determined to be reasonably necessary for
phasing in, administering, and enforcing the system of
contractor registration established by this chapter.
Sec. 1840. Section 91C.7, Code 2023, is amended to read as
follows:
91C.7 Contracts — contractor’s bond.
1. A contractor who is not registered with the labor
commissioner director as required by this chapter shall not be
awarded a contract to perform work for the state or an agency
of the state.
2. A surety bond filed pursuant to section 91C.2 shall
be executed by a surety company authorized to do business in
this state, and the bond shall be continuous in nature until
canceled by the surety with not less than thirty days’ written
notice to the contractor and to the division of labor services
of the department of workforce development indicating the
surety’s desire to cancel the bond. The surety company shall
-1095-not be liable under the bond for any contract commenced after
the cancellation of the bond. The division of labor services
of the department of workforce development may increase the
bond amount after a hearing.
3. Release of the bond shall be conditioned upon the
payment of all taxes, including contributions due under
the unemployment compensation insurance system, penalties,
interest, and related fees, which may accrue to the state
of Iowa. If at any time during the term of the bond,
the department of revenue or the department of workforce
development determines that the amount of the bond is not
sufficient to cover the tax liabilities accruing to the state
of Iowa, the labor commissioner director shall require the bond
to be increased by an amount the labor commissioner director
deems sufficient to cover the tax liabilities accrued and
accruing.
4. The department of revenue and the department of workforce
development shall adopt rules for the collection of the
forfeiture. Notice shall be provided to the surety and to
the contractor. Notice to the contractor shall be mailed to
the contractor’s last known address and to the contractor’s
registered agent for service of process, if any, within the
state. The contractor or surety shall have the opportunity to
apply to the director of revenue for a hearing within thirty
days after the giving of such notice. Upon the failure to
timely request a hearing, the bond shall be forfeited. If,
after the hearing upon timely request, the department of
revenue or the department of workforce development finds
that the contractor has failed to pay the total of all taxes
payable, the department of revenue or the department of
workforce development shall order the bond forfeited. The
amount of the forfeiture shall be the amount of taxes payable
or the amount of the bond, whichever is less. For purposes of
this section “taxes payable” means all tax, penalties, interest,
and fees that the department of revenue has previously
-1096-determined to be due to the state by assessment or in an appeal
of an assessment, including contributions to the unemployment
compensation insurance system.
5. If it is determined that this section may cause denial
of federal funds which would otherwise be available, or is
otherwise inconsistent with requirements of federal law, this
section shall be suspended, but only to the extent necessary to
prevent denial of the funds or to eliminate the inconsistency
with federal requirements.
6. The bond required by this section may be attached by the
commissioner director for collection of fees and penalties due
to the division.
Sec. 1841. Section 91C.8, Code 2023, is amended to read as
follows:
91C.8 Investigations — enforcement — administrative
penalties.
1. The labor commissioner director and inspectors of the
division of labor services of the department of workforce
development have jurisdiction for investigation and enforcement
in cases where contractors may be in violation of the
requirements of this chapter or rules adopted pursuant to this
chapter.
2. If, upon investigation, the labor commissioner director
or the commissioner’s director’s authorized representative
believes that a contractor has violated any of the following,
the commissioner director shall with reasonable promptness
issue a citation to the contractor:
a. The requirement that a contractor be registered.
b. The requirement that the contractor’s registration
information be substantially complete and accurate.
c. The requirement that an out-of-state contractor file a
bond with the division of labor services department.
3. Each citation shall be in writing and shall describe
with particularity the nature of the violation, including a
reference to the provision of the statute alleged to have been
-1097-violated.
4. If a citation is issued, the commissioner director shall,
within seven days, notify the contractor by service in the
same manner as an original notice or by certified mail of the
administrative penalty, if any, proposed to be assessed and
that the contractor has fifteen working days within which to
notify the commissioner director that the contractor wishes to
contest the citation or proposed assessment of penalty.
5. The administrative penalties which may be imposed under
this section shall be not more than five hundred dollars
in the case of a first violation and not more than five
thousand dollars for each violation in the case of a second or
subsequent violation. All administrative penalties collected
pursuant to this chapter shall be deposited in the general fund
of the state.
6. If, within fifteen working days from the receipt of
the notice, the contractor fails to notify the commissioner
director that the contractor intends to contest the citation
or proposed assessment of penalty, the citation and the
assessment, as proposed, shall be deemed a final order of the
employment appeal board and not subject to review by any court
or agency.
7. If the contractor notifies the commissioner director
that the contractor intends to contest the citation or proposed
assessment of penalty, the commissioner director shall
immediately advise the employment appeal board established by
section 10A.601. The employment appeal board shall review the
action of the commissioner director and shall thereafter issue
an order, based on findings of fact, affirming, modifying, or
vacating the commissioner’s director’s citation or proposed
penalty or directing other appropriate relief, and the order
shall become final sixty days after its issuance.
8. The labor commissioner director shall notify the
department of revenue upon final agency action regarding
the citation and assessment of penalty against a registered
-1098-contractor.
9. Judicial review of any order of the employment appeal
board issued pursuant to this section may be sought in
accordance with the terms of chapter 17A. If no petition
for judicial review is filed within sixty days after service
of the order of the employment appeal board, the appeal
board’s findings of fact and order shall be conclusive in
connection with any petition for enforcement which is filed
by the commissioner director after the expiration of the
sixty-day period. In any such case, the clerk of court, unless
otherwise ordered by the court, shall forthwith enter a decree
enforcing the order and shall transmit a copy of the decree to
the employment appeal board and the contractor named in the
petition.
Sec. 1842. Section 91C.9, subsection 1, Code 2023, is
amended to read as follows:
1. A contractor registration revolving fund is created in
the state treasury. The revolving fund shall be administered
by the commissioner director and shall consist of moneys
collected by the commissioner director as fees. The
commissioner director shall remit all fees collected pursuant
to this chapter to the revolving fund. The moneys in the
revolving fund are appropriated to and shall be used by the
commissioner director to pay the actual costs and expenses
necessary to perform the duties of the commissioner director
and the division of labor services department as described in
this chapter. All salaries and expenses properly chargeable to
the revolving fund shall be paid from the revolving fund.
Sec. 1843. Section 91D.1, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. For purposes of determining whether an employee of a
restaurant, hotel, motel, inn, or cabin, who customarily and
regularly receives more than thirty dollars a month in tips
is receiving the minimum hourly wage rate prescribed by this
section, the amount paid the employee by the employer shall
-1099-be deemed to be increased on account of the tips by an amount
determined by the employer, not to exceed forty percent of
the applicable minimum wage. An employee may file a written
appeal with the labor commissioner director of the department
of inspections, appeals, and licensing if the amount of tips
received by the employee is less than the amount determined by
the employer under this subsection.
Sec. 1844. Section 91D.1, subsection 3, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The franchisor has been found by the labor commissioner
director of the department of inspections, appeals, and
licensing to have exercised a type or degree of control over
the franchisee or the franchisee’s employees that is not
customarily exercised by a franchisor for the purpose of
protecting the franchisor’s trademarks and brand.
Sec. 1845. Section 91D.1, subsection 5, Code 2023, is
amended to read as follows:
5. The labor commissioner director of the department of
inspections, appeals, and licensing shall adopt rules to
implement and administer this section.
Sec. 1846. Section 91E.1, subsection 1, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
1. “Director” means the director of the department of
inspections, appeals, and licensing.
Sec. 1847. Section 91E.2, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If a Spanish-speaking interpreter is needed, the employer
shall select an interpreter from a list of interpreters
developed by the department of workforce development
inspections, appeals, and licensing.
Sec. 1848. Section 91E.5, Code 2023, is amended to read as
follows:
91E.5 Duties and authority of the commissioner director.
1. The commissioner director shall adopt rules to implement
-1100-and enforce this chapter and shall provide further exemptions
from the provisions of this chapter where reasonable.
2. In order to carry out the purposes of this chapter,
the commissioner director or the commissioner’s director’s
representative, upon presenting appropriate credentials to the
owner, operator, or agent in charge, may:
a. Inspect employment records relating to the total number
of employees and non-English speaking employees, and the
services provided to non-English speaking employees.
b. Interview an employer, owner, operator, agent, or
employee, during working hours or at other reasonable times.
Sec. 1849. Section 92.1, Code 2023, is amended to read as
follows:
92.1 Street occupations — migratory labor.
1. No person under ten years of age shall be employed or
permitted to work with or without compensation at any time
within this state in street occupations of peddling, shoe
polishing, the distribution or sale of newspapers, magazines,
periodicals or circulars, nor in any other occupations in any
street or public place. The labor commissioner director shall,
when ordered by a judge of the juvenile court, issue a work
permit as provided in this chapter to a person under ten years
of age.
2. No person under twelve years of age shall be employed
or permitted to work with or without compensation at any time
within this state in connection with migratory labor, except
that the labor commissioner director may upon sufficient
showing by a judge of the juvenile court, issue a work permit
as provided in this chapter to a person under twelve years of
age.
Sec. 1850. NEW SECTION. 92.1B Definition.
For purposes of this chapter, “director” means the director
of the department of inspections, appeals, and licensing.
Sec. 1851. Section 92.4, subsection 1, Code 2023, is amended
to read as follows:
-1101- 1. Those persons legally out of school, if such status
is verified by the submission of written proof to the labor
commissioner director.
Sec. 1852. Section 92.6, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. Occupations prohibited by rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 1853. Section 92.8, subsection 21, Code 2023, is
amended to read as follows:
21. Occupations prohibited by rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 1854. Section 92.11, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A work permit, except for migrant laborers, shall be issued
only by the labor commissioner director upon the application of
the parent, guardian, or custodian of the child desiring such
permit. The application shall include the following:
Sec. 1855. Section 92.12, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Work permits for migrant workers shall be issued by the
labor commissioner director upon application of the parent or
head of the migrant family. The application shall include
documentation of proof of age as described in section 92.11,
subsection 2.
3. One copy of the permit issued shall be given to the
employer to be kept on file for the length of employment and
upon termination of employment shall be returned to the labor
commissioner director. The blank forms for the application
for a work permit for migratory workers and the work permit
for migratory workers shall be formulated by the commissioner
director.
Sec. 1856. Section 92.13, Code 2023, is amended to read as
follows:
92.13 Optional refusal of permit.
The labor commissioner director may refuse to grant a
-1102-permit if, in the commissioner’s director’s judgment, the best
interests of the minor would be served by such refusal and the
commissioner director shall keep a record of such refusals, and
the reasons therefor.
Sec. 1857. Section 92.15, Code 2023, is amended to read as
follows:
92.15 Application to labor commissioner director.
An application for a work permit pursuant to section 92.11
or section 92.12 shall be submitted to the office of the labor
commissioner director within three days after the child begins
work.
Sec. 1858. Section 92.16, Code 2023, is amended to read as
follows:
92.16 Forms for permits formulated.
The proper forms for the application for a work permit,
the work permit, the certificate of age, and the physician’s
certificate shall be formulated by the labor commissioner
director.
Sec. 1859. Section 92.21, Code 2023, is amended to read as
follows:
92.21 Rules and orders of labor commissioner director.
1. The labor commissioner director may adopt rules pursuant
to chapter 17A to more specifically define the occupations
and equipment permitted or prohibited in this chapter, to
determine occupations for which work permits are required, and
to issue general and special orders prohibiting or allowing
the employment of persons under eighteen years of age in any
place of employment defined in this chapter as hazardous to the
health, safety, and welfare of the persons.
2. The labor commissioner director shall adopt rules
pursuant to chapter 17A specifically defining the civil penalty
amount to be assessed for violations of this chapter.
Sec. 1860. Section 92.22, Code 2023, is amended to read as
follows:
92.22 Labor commissioner Director to enforce — civil penalty
-1103-— judicial review.
1. The labor commissioner director shall enforce this
chapter. An employer who violates this chapter or the rules
adopted pursuant to this chapter is subject to a civil penalty
of not more than ten thousand dollars for each violation.
2. The commissioner director shall notify the employer
of a proposed civil penalty by service in the same manner as
an original notice or by certified mail. If, within fifteen
working days from the receipt of the notice, the employer fails
to file a notice of contest in accordance with rules adopted by
the commissioner director pursuant to chapter 17A, the penalty,
as proposed, shall be deemed final agency action for purposes
of judicial review.
3. The commissioner director shall notify the department of
revenue upon final agency action regarding the assessment of a
penalty against an employer. Interest shall be calculated from
the date of final agency action.
4. Judicial review of final agency action pursuant to
this section may be sought in accordance with the terms of
section 17A.19. If no petition for judicial review is filed
within sixty days after service of the final agency action
of the commissioner director, the commissioner’s director’s
findings of fact and final agency action shall be conclusive in
connection with any petition for enforcement which is filed by
the commissioner director after the expiration of the sixty-day
period. In any such case, the clerk of court, unless otherwise
ordered by the court, shall forthwith enter a decree enforcing
the final agency action and shall transmit a copy of the decree
to the commissioner director and the employer named in the
petition.
5. Any penalties recovered pursuant to this section shall be
remitted by the commissioner director to the treasurer of state
for deposit in the general fund of the state.
6. Mayors and police officers, sheriffs, school
superintendents, and school truant and attendance officers,
-1104-within their several jurisdictions, shall cooperate in the
enforcement of this chapter and furnish the commissioner
director and the commissioner’s director’s designees with all
information coming to their knowledge regarding violations of
this chapter. All such officers and any person authorized in
writing by a court of record shall have the authority to enter,
for the purpose of investigation, any of the establishments and
places mentioned in this chapter and to freely question any
person therein as to any violations of this chapter.
7. County attorneys shall investigate all complaints made
to them of violations of this chapter, and prosecute all such
cases of violation within their respective counties.
Sec. 1861. Section 96.1A, subsection 23, Code 2023, is
amended to read as follows:
23. “Hospital” means an institution which has been licensed,
certified, or approved by the department of inspections, and
appeals, and licensing as a hospital.
Sec. 1862. Section 97B.20A, Code 2023, is amended to read
as follows:
97B.20A Appeal procedure.
Members and third-party payees may appeal any decision made
by the system that affects their rights under this chapter.
The appeal shall be filed with the system within thirty days
after the notification of the decision was mailed to the
party’s last known mailing address, or the decision of the
system is final. If the party appeals the decision of the
system, the system shall conduct an internal review of the
decision and the chief executive officer shall notify the
individual who has filed the appeal in writing of the system’s
decision. The individual who has filed the appeal may file an
appeal of the system’s final decision with the system under
chapter 17A by notifying the system of the appeal in writing
within thirty days after the notification of its final decision
was mailed to the party’s last known mailing address. Once
notified, the system shall forward the appeal to the department
-1105-of inspections, and appeals, and licensing.
Sec. 1863. Section 97B.20B, Code 2023, is amended to read
as follows:
97B.20B Hearing by administrative law judge.
If an appeal is filed and is not withdrawn, an administrative
law judge in the department of inspections, and appeals, and
licensing, after affording the parties reasonable opportunity
for fair hearing, shall affirm, modify, or reverse the
decision of the system. The hearing shall be recorded by
mechanical means and a transcript of the hearing shall be
made. The transcript shall then be made available for use by
the employment appeal board and by the courts at subsequent
judicial review proceedings under the Iowa administrative
procedure Act, chapter 17A, if any. The parties shall be duly
notified of the administrative law judge’s decision, together
with the administrative law judge’s reasons. The decision is
final unless, within thirty days after the date of notification
or mailing of the decision, review by the employment appeal
board is initiated pursuant to section 97B.27.
Sec. 1864. Section 97B.27, Code 2023, is amended to read as
follows:
97B.27 Review of decision.
Anyone aggrieved by the decision of the administrative law
judge may, at any time before the administrative law judge’s
decision becomes final, petition the department of inspections,
and appeals, and licensing for review by the employment appeal
board established in section 10A.601. The appeal board shall
review the record made before the administrative law judge, but
no additional evidence shall be heard. On the basis of the
record the appeal board shall affirm, modify, or reverse the
decision of the administrative law judge and shall determine
the rights of the appellant. It shall promptly notify the
appellant and any other interested party by written decision.
Sec. 1865. Section 99B.1, subsection 13, Code 2023, is
amended to read as follows:
-1106- 13. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1866. Section 99B.6, Code 2023, is amended to read as
follows:
99B.6 Attorney general and county attorney — prosecution.
Upon request of the department of inspections, and appeals,
and licensing or the division of criminal investigation of
the department of public safety, the attorney general shall
institute in the name of the state the proper proceedings
against a person charged by either department with violating
this chapter, and a county attorney, at the request of the
attorney general, shall appear and prosecute an action when
brought in the county attorney’s county.
Sec. 1867. Section 99B.7, Code 2023, is amended to read as
follows:
99B.7 Division of criminal investigation.
The division of criminal investigation of the department of
public safety may investigate to determine licensee compliance
with the requirements of this chapter. Investigations may be
conducted either on the criminal investigation division’s own
initiative or at the request of the department of inspections,
and appeals, and licensing. The criminal investigation
division and the department of inspections, and appeals, and
licensing shall cooperate to the maximum extent possible on an
investigation.
Sec. 1868. Section 99B.58, Code 2023, is amended to read as
follows:
99B.58 Electrical or mechanical amusement devices — special
fund.
Fees collected by the department pursuant to sections 99B.53
and 99B.56 shall be deposited in a special fund created in
the state treasury. Moneys in the fund are appropriated to
the department of inspections, and appeals, and licensing
and the department of public safety for administration and
enforcement of this subchapter, including employment of
-1107-necessary personnel. The distribution of moneys in the fund to
the department of inspections, and appeals, and licensing and
the department of public safety shall be pursuant to a written
policy agreed upon by the departments. Notwithstanding section
12C.7, subsection 2, interest or earnings on moneys deposited
in the fund shall be credited to the fund. Notwithstanding
section 8.33, moneys remaining in the fund at the end of a
fiscal year shall not revert to the general fund of the state.
Sec. 1869. Section 99D.5, subsection 1, Code 2023, is
amended to read as follows:
1. A state racing and gaming commission is created within
the department of inspections, and appeals, and licensing
consisting of five members who shall be appointed by the
governor subject to confirmation by the senate, and who shall
serve not to exceed a three-year term at the pleasure of the
governor. The term of each member shall begin and end as
provided in section 69.19.
Sec. 1870. Section 99F.4B, Code 2023, is amended to read as
follows:
99F.4B Rules.
The department of inspections, and appeals, and licensing
shall cooperate to the maximum extent possible with the
division of criminal investigation in adopting rules relating
to the gaming operations in this chapter and chapters 99D and
99E.
Sec. 1871. Section 99F.20, subsection 1, Code 2023, is
amended to read as follows:
1. A gaming regulatory revolving fund is created in
the state treasury under the control of the department of
inspections, and appeals, and licensing. The fund shall
consist of fees collected and deposited into the fund paid
by licensees pursuant to section 99D.14, subsection 2,
paragraph “c”, fees paid by licensees pursuant to section
99E.5, subsection 4, paragraph “c”, regulatory fees paid by
licensees pursuant to section 99F.4, subsection 27, and fees
-1108-paid by licensees pursuant to section 99F.10, subsection 4,
paragraph “c”. All costs relating to racetrack, excursion
boat, gambling structure, internet fantasy sports contests as
defined in section 99E.1, and sports wagering regulation shall
be paid from the fund as provided in appropriations made for
this purpose by the general assembly. The department shall
provide quarterly reports to the department of management and
the legislative services agency specifying revenues billed
and collected and expenditures from the fund in a format as
determined by the department of management in consultation with
the legislative services agency.
Sec. 1872. Section 123.3, subsection 23, Code 2023, is
amended to read as follows:
23. “Hotel” or “motel” means premises licensed by the
department of inspections, and appeals, and licensing and
regularly or seasonally kept open in a bona fide manner for the
lodging of transient guests, and with twenty or more sleeping
rooms.
Sec. 1873. Section 123.10, subsection 15, Code 2023, is
amended to read as follows:
15. Prescribing the uniform fee, not to exceed one hundred
dollars, to be assessed against a licensee or permittee for
a contested case hearing conducted by the division or by an
administrative law judge from the department of inspections,
and appeals, and licensing which results in administrative
action taken against the licensee or permittee by the division.
Sec. 1874. Section 123.17, subsection 4, Code 2023, is
amended to read as follows:
4. The treasurer of state shall, each quarter, prepare
an estimate of the gaming revenues and of the moneys to be
deposited in the beer and liquor control fund that will become
available during the remainder of the appropriate fiscal year
for the purposes described in subsection 3. The department
of management, the department of inspections, and appeals,
and licensing, and the department of commerce shall take
-1109-appropriate actions to provide that the sum of the amount of
gaming revenues available to be deposited into the revenue
bonds debt service fund and the revenue bonds federal subsidy
holdback fund during a fiscal year and the amount of moneys to
be deposited in the beer and liquor control fund available to
be deposited into the revenue bonds debt service fund and the
revenue bonds federal subsidy holdback fund during such fiscal
year will be sufficient to cover any anticipated deficiencies.
Sec. 1875. Section 123.30, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. As a condition for issuance of a retail alcohol license
or wine or beer permit, the applicant must give consent
to members of the fire, police, and health departments and
the building inspector of cities; the county sheriff or
deputy sheriff; members of the department of public safety;
representatives of the division and of the department of
inspections, and appeals, and licensing; certified police
officers; and any official county health officer to enter upon
areas of the premises where alcoholic beverages are stored,
served, or sold, without a warrant during business hours of
the licensee or permittee to inspect for violations of this
chapter or ordinances and regulations that cities and boards
of supervisors may adopt. However, a subpoena issued under
section 421.17 or a warrant is required for inspection of
private records, a private business office, or attached living
quarters. Persons who are not certified peace officers shall
limit the scope of their inspections of licensed premises
to the regulatory authority under which the inspection is
conducted. All persons who enter upon a licensed premises to
conduct an inspection shall present appropriate identification
to the owner of the establishment or the person who appears
to be in charge of the establishment prior to commencing
an inspection; however, this provision does not apply to
undercover criminal investigations conducted by peace officers.
Sec. 1876. Section 123.32, subsection 6, paragraph b, Code
-1110-2023, is amended to read as follows:
b. Upon receipt of an application having been approved by
the local authority, the division shall make an investigation
as the administrator deems necessary to determine that the
applicant complies with all requirements for holding a license,
and may require the applicant to appear to be examined under
oath to demonstrate that the applicant complies with all of the
requirements to hold a license. If the administrator requires
the applicant to appear and to testify under oath, a record
shall be made of all testimony or evidence and the record
shall become a part of the application. The administrator
may appoint a member of the division or may request an
administrative law judge of the department of inspections, and
appeals, and licensing to receive the testimony under oath
and evidence, and to issue a proposed decision to approve or
disapprove the application for a license. The administrator
may affirm, reverse, or modify the proposed decision to
approve or disapprove the application for the license. If
the application is approved by the administrator, the license
shall be issued. If the application is disapproved by the
administrator, the applicant shall be so notified by certified
mail or personal service and the appropriate local authority
shall be notified electronically, or in a manner prescribed by
the administrator.
Sec. 1877. Section 123.32, subsections 7 and 9, Code 2023,
are amended to read as follows:
7. Appeal to administrator. An applicant for a retail
alcohol license may appeal from the local authority’s
disapproval of an application for a license or permit to the
administrator. In the appeal the applicant shall be allowed
the opportunity to demonstrate in an evidentiary hearing
conducted pursuant to chapter 17A that the applicant complies
with all of the requirements for holding the license or permit.
The administrator may appoint a member of the division or
may request an administrative law judge from the department
-1111-of inspections, and appeals, and licensing to conduct the
evidentiary hearing and to render a proposed decision to
approve or disapprove the issuance of the license or permit.
The administrator may affirm, reverse, or modify the proposed
decision. If the administrator determines that the applicant
complies with all of the requirements for holding a license
or permit, the administrator shall order the issuance of the
license or permit. If the administrator determines that the
applicant does not comply with the requirements for holding
a license or permit, the administrator shall disapprove the
issuance of the license or permit.
9. Suspension by local authority. A retail alcohol licensee
whose license has been suspended or revoked or a civil penalty
imposed by a local authority for a violation of this chapter
or suspended by a local authority for violation of a local
ordinance may appeal the suspension, revocation, or civil
penalty to the administrator. The administrator may appoint
a member of the division or may request an administrative
law judge from the department of inspections, and appeals,
and licensing to hear the appeal which shall be conducted in
accordance with chapter 17A and to issue a proposed decision.
The administrator may review the proposed decision upon the
motion of a party to the appeal or upon the administrator’s
own motion in accordance with chapter 17A. Upon review of the
proposed decision, the administrator may affirm, reverse, or
modify the proposed decision. A retail alcohol licensee or a
local authority aggrieved by a decision of the administrator
may seek judicial review of the decision pursuant to chapter
17A.
Sec. 1878. Section 123.39, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Before suspension, revocation, or imposition of a
civil penalty by the administrator, the license, permit,
or certificate holder shall be given written notice and an
opportunity for a hearing. The administrator may appoint
-1112-a member of the division or may request an administrative
law judge from the department of inspections, and appeals,
and licensing to conduct the hearing and issue a proposed
decision. Upon the motion of a party to the hearing or
upon the administrator’s own motion, the administrator may
review the proposed decision in accordance with chapter 17A.
Upon review of the proposed decision, the administrator may
affirm, reverse, or modify the proposed decision. A license,
permit, or certificate holder aggrieved by a decision of the
administrator may seek judicial review of the administrator’s
decision in accordance with chapter 17A.
Sec. 1879. Section 125.18, Code 2023, is amended to read as
follows:
125.18 Hearing before board.
If a licensee under this chapter makes a written request
for a hearing within thirty days of suspension, revocation, or
refusal to renew a license, a hearing before the board shall
be expeditiously arranged by the department of inspections,
and appeals, and licensing whose decision is subject to review
by the board. The board shall issue a written statement of
the board’s findings within thirty days after conclusion of
the hearing upholding or reversing the proposed suspension,
revocation, or refusal to renew a license. Action involving
suspension, revocation, or refusal to renew a license shall
not be taken by the board unless a quorum is present at the
meeting. A copy of the board’s decision shall be promptly
transmitted to the affected licensee who may, if aggrieved by
the decision, seek judicial review of the actions of the board
in accordance with the terms of chapter 17A.
Sec. 1880. Section 135.16A, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. “Grocery store” means a food establishment as defined
in section 137F.1 licensed by the department of inspections,
and appeals, and licensing pursuant to section 137F.4, to sell
food or food products to customers intended for preparation or
-1113-consumption off premises.
Sec. 1881. Section 135.16A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The department of inspections, and appeals, and licensing
shall assist the Iowa department of public health in adopting
rules necessary to implement and administer this section.
Sec. 1882. Section 135.63, subsection 2, paragraph g,
subparagraph (1), subparagraph division (a), Code 2023, is
amended to read as follows:
(a) The institutional health facility reports to the
department the number and type of beds reduced on a form
prescribed by the department at least thirty days before the
reduction. In the case of a health care facility, the new bed
total must be consistent with the number of licensed beds at
the facility. In the case of a hospital, the number of beds
must be consistent with bed totals reported to the department
of inspections, and appeals, and licensing for purposes of
licensure and certification.
Sec. 1883. Section 135B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1884. Section 135C.1, subsections 4, 6, and 20, Code
2023, are amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing.
6. “Director” means the director of the department of
inspections, and appeals, and licensing, or the director’s
designee.
20. “Residential care facility” means any institution,
place, building, or agency providing for a period exceeding
twenty-four consecutive hours accommodation, board, personal
assistance and other essential daily living activities to
three or more individuals, not related to the administrator or
owner thereof within the third degree of consanguinity, who by
-1114-reason of illness, disease, or physical or mental infirmity
are unable to sufficiently or properly care for themselves but
who do not require the services of a registered or licensed
practical nurse except on an emergency basis or who by reason
of illness, disease, or physical or mental infirmity are unable
to sufficiently or properly care for themselves but who do not
require the services of a registered or licensed practical
nurse except on an emergency basis if home and community-based
services, other than nursing care, as defined by this chapter
and departmental rule, are provided. For the purposes of
this definition, the home and community-based services to be
provided are limited to the type included under the medical
assistance program provided pursuant to chapter 249A, are
subject to cost limitations established by the department of
human services under the medical assistance program, and except
as otherwise provided by the department of inspections, and
appeals, and licensing with the concurrence of the department
of human services, are limited in capacity to the number of
licensed residential care facilities and the number of licensed
residential care facility beds in the state as of December 1,
2003.
Sec. 1885. Section 135C.4, subsection 3, Code 2023, is
amended to read as follows:
3. For the purposes of this section, the home and
community-based services to be provided shall be limited to the
type included under the medical assistance program provided
pursuant to chapter 249A, shall be subject to cost limitations
established by the department of human services under the
medical assistance program, and except as otherwise provided by
the department of inspections, and appeals, and licensing with
the concurrence of the department of human services, shall be
limited in capacity to the number of licensed residential care
facilities and the number of licensed residential care facility
beds in the state as of December 1, 2003.
Sec. 1886. Section 135C.19, subsection 3, Code 2023, is
-1115-amended to read as follows:
3. If the facility cited subsequently advises the
department of human services that the violation has been
corrected to the satisfaction of the department of inspections,
and appeals, and licensing, the department of human services
shall maintain this advisory in the same file with the copy
of the citation. The department of human services shall
not disseminate to the public any information regarding
citations issued by the department of inspections, and appeals,
and licensing, but shall forward or refer inquiries to the
department of inspections, and appeals, and licensing.
Sec. 1887. Section 135C.31A, subsection 1, Code 2023, is
amended to read as follows:
1. A health care facility shall assist the Iowa department
of veterans affairs in identifying, upon admission of a
resident, the resident’s eligibility for benefits through the
United States department of veterans affairs. The department
of inspections, and appeals, and licensing, in cooperation
with the department of human services, shall adopt rules to
administer this section, including a provision that ensures
that if a resident is eligible for benefits through the United
States department of veterans affairs or other third-party
payor, the payor of last resort for reimbursement to the
health care facility is the medical assistance program.
The rules shall also require the health care facility to
request information from a resident or resident’s personal
representative regarding the resident’s veteran status and to
report to the Iowa department of veterans affairs only the
names of residents identified as potential veterans along with
the names of their spouses and any dependents. Information
reported by the health care facility shall be verified by the
Iowa department of veterans affairs. This section shall not
apply to the admission of an individual to a state mental
health institute for acute psychiatric care or to the admission
of an individual to the Iowa veterans home.
-1116- Sec. 1888. Section 135C.31A, subsection 2, paragraph b,
Code 2023, is amended to read as follows:
b. The department of inspections, and appeals, and
licensing, the department of veterans affairs, and the
department of human services shall identify any barriers
to residents in accessing such prescription drug benefits
and shall assist health care facilities in adjusting their
procedures for medication administration to comply with this
subsection.
Sec. 1889. Section 135C.33, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. The department of inspections, and appeals, and
licensing, in conjunction with other departments and agencies
of state government involved with criminal history and
abuse registry information, shall establish a single contact
repository for facilities and other providers to have
electronic access to data to perform background checks for
purposes of employment, as required of the facilities and other
providers under this section.
Sec. 1890. Section 135C.34, Code 2023, is amended to read
as follows:
135C.34 Medication aide — certification.
The department of inspections, and appeals, and licensing,
in cooperation with other appropriate agencies, shall establish
a procedure to allow a person who is certified as a medication
aide in another state to become certified in this state upon
completion and passage of both the certified nurse aide and
certified medication aide challenge examinations, without
additional requirements for certification, including but
not limited to, required employment in this state prior to
certification. The department shall adopt rules pursuant to
chapter 17A to administer this section.
Sec. 1891. Section 135G.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the department of inspections, and
-1117- appeals, and licensing.
Sec. 1892. Section 135G.10, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of inspections, and appeals, and licensing
and the department of human services shall collaborate
in establishing standards for licensing of subacute care
facilities to achieve all of the following objectives:
Sec. 1893. Section 135G.10, subsection 3, Code 2023, is
amended to read as follows:
3. The department of inspections, and appeals, and
licensing, in consultation with the department of human
services and affected professional groups, shall adopt and
enforce rules setting out the standards for a subacute care
facility and the rights of the residents admitted to a subacute
care facility. The department of inspections, and appeals, and
licensing and the department of human services shall coordinate
the adoption of rules and the enforcement of the rules in order
to prevent duplication of effort by the departments and of
requirements of the licensee.
Sec. 1894. Section 135G.11, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of a complaint made in accordance with
subsection 1, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a subacute care facility or
a licensee or is without reasonable basis, it shall within
twenty working days of receipt of the complaint make or cause
to be made an on-site inspection of the subacute care facility
which is the subject of the complaint. The department of
inspections, and appeals, and licensing may refer to the
department of human services any complaint received by the
department of inspections, and appeals, and licensing if the
complaint applies to rules adopted by the department of human
services. The complainant shall also be notified of the name,
address, and telephone number of the designated protection and
-1118-advocacy agency if the alleged violation involves a facility
with one or more residents with a developmental disability or
mental illness. In any case, the complainant shall be promptly
informed of the result of any action taken by the department
in the matter.
Sec. 1895. Section 135H.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1896. Section 135H.10, subsection 1, Code 2023, is
amended to read as follows:
1. The department of inspections and appeals, in
consultation with the department of human services and affected
professional groups, shall adopt and enforce rules setting
out the standards for a psychiatric medical institution
for children and the rights of the residents admitted to a
psychiatric institution. The department of inspections and
appeals and the department of human services shall coordinate
the adoption of rules and the enforcement of the rules in order
to prevent duplication of effort by the departments and of
requirements of the licensee.
Sec. 1897. Section 135H.12, subsection 1, Code 2023, is
amended to read as follows:
1. Upon receipt of a complaint made in accordance with
section 135H.11, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a psychiatric institution or a
licensee or is without reasonable basis, it shall within twenty
working days of receipt of the complaint make or cause to be
made an on-site inspection of the psychiatric institution which
is the subject of the complaint. The department of inspections
and appeals may refer to the department of human services any
complaint received by the department if the complaint applies
to rules adopted by the department of human services. The
complainant shall also be notified of the name, address, and
-1119-telephone number of the designated protection and advocacy
agency if the alleged violation involves a facility with one
or more residents with developmental disabilities or mental
illness. In any case, the complainant shall be promptly
informed of the result of any action taken by the department
in the matter.
Sec. 1898. Section 135J.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1899. Section 135J.2, subsection 2, Code 2023, is
amended to read as follows:
2. The hospice program shall meet the criteria pursuant
to section 135J.3 before a license is issued. The department
of inspections and appeals is responsible to provide the
necessary personnel to inspect the hospice program, the home
care and inpatient care provided and the hospital or facility
used by the hospice to determine if the hospice complies with
necessary standards before a license is issued. Hospices that
are certified as Medicare hospice providers by the department
of inspections and appeals or are accredited as hospices by
the joint commission on the accreditation of health care
organizations, shall be licensed without inspection by the
department of inspections and appeals.
Sec. 1900. Section 135J.4, Code 2023, is amended to read as
follows:
135J.4 Inspection.
The department of inspections and appeals shall make or be
responsible for inspections of the hospice program, the home
care and the inpatient care provided in the hospice program,
and the hospital or facility before a license is issued. The
department of inspections and appeals shall inspect the hospice
program periodically after initial inspection.
Sec. 1901. Section 135O.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
-1120- 1. “Boarding home” means a premises used by its owner
or lessee for the purpose of letting rooms for rental to
three or more persons not related within the third degree of
consanguinity to the owner or lessee where supervision or
assistance with activities of daily living is provided to such
persons. A boarding home does not include a facility, home,
or program otherwise subject to licensure or regulation by the
department of health and human services, or the department of
inspections and appeals, or department of public health.
2. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1902. Section 135O.2, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections and appeals shall adopt
rules to administer this chapter in consultation with the
departments of human services and public safety.
Sec. 1903. Section 135O.3, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The interagency approach may involve a multidisciplinary
team consisting of employees of the department of inspections
and appeals, the department of human services, the state fire
marshal, and the division of criminal investigation of the
department of public safety, or other local, state, and federal
agencies.
Sec. 1904. Section 135O.3, subsection 4, Code 2023, is
amended to read as follows:
4. If the department or a multidisciplinary team has
probable cause to believe that a boarding home is in violation
of this chapter or licensing or other regulatory requirements
of the department of human services, department of inspections
and appeals, or department of public health, or that dependent
adult abuse of any individual living in a boarding home
has occurred, and upon producing proper identification, is
denied entry to the boarding home or access to any individual
living in the boarding home for the purpose of making an
-1121-inspection or conducting an investigation, the department or
multidisciplinary team may, with the assistance of the county
attorney of the county in which the boarding home is located,
apply to the district court for an order requiring the owner or
lessee to permit entry to the boarding home and access to the
individuals living in the boarding home.
Sec. 1905. Section 135Q.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1906. Section 137C.2, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Director” means the director of the department of
inspections, and appeals, and licensing or the director’s
designee.
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1907. Section 137D.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1908. Section 137F.1, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing.
5. “Director” means the director of the department of
inspections, and appeals, and licensing.
Sec. 1909. Section 137F.3A, Code 2023, is amended to read
as follows:
137F.3A Municipal corporation inspections — contingent
appropriation.
1. a. The department of inspections and appeals may employ
additional full-time equivalent positions to enforce the
provisions of this chapter and chapters 137C and 137D, with
the approval of the department of management, if either of the
-1122-following apply:
(1) A municipal corporation operating pursuant to a chapter
28E agreement with the department of inspections and appeals
to enforce the chapters either fails to renew the agreement
effective after April 1, 2007, or discontinues, after April
1, 2007, enforcement activities in one or more jurisdictions
during the agreement time frame.
(2) The department of inspections and appeals cancels an
agreement after April 1, 2007, due to noncompliance with the
terms of the agreement.
b. Before approval may be given, the director of the
department of management must have determined that the expenses
exceed the funds budgeted by the general assembly for food
inspections to the department of inspections and appeals. The
department of inspections and appeals may hire no more than one
full-time equivalent position for each six hundred inspections
required pursuant to this chapter and chapters 137C and 137D.
2. Notwithstanding chapter 137D, and sections 137C.9 and
137F.6, if the conditions described in this section are met,
fees imposed pursuant to that chapter and those sections
shall be retained by and are appropriated to the department
of inspections and appeals each fiscal year to provide for
salaries, support, maintenance, and miscellaneous purposes
associated with the additional inspections. The appropriation
made in this subsection is not applicable in a fiscal year for
which the general assembly enacts an appropriation made for the
purposes described in this subsection.
Sec. 1910. Section 147.77, subsection 1, paragraph g,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The department of inspections, and appeals, and licensing,
with respect to rules relating to the following:
Sec. 1911. Section 147.77, subsection 1, paragraph g, Code
2023, is amended by adding the following new subparagraphs:
NEW SUBPARAGRAPH. (6) For applications for a license to
-1123-practice asbestos removal, that except as noted in rule, only
worker and contractor/supervisor license applicants must submit
the respiratory protection and physician’s certification forms.
NEW SUBPARAGRAPH. (7) For documentation held by persons
licensed for asbestos abatement in an area that is subject to
a disaster emergency proclamation, that the director of the
department of inspections, appeals, and licensing deems an
individual contractor, supervisor, or worker to be licensed
and authorized for asbestos abatement if the individual, in
addition to other specified conditions, makes immediately
available on the work site a copy of a physician’s statement
indicating that, consistent with federal law, a licensed
physician has examined the individual within the past twelve
months and approved the individual to work while wearing a
respirator.
NEW SUBPARAGRAPH. (8) That the contents of an application
for an event license for a covered athletic event other than a
professional wrestling event shall contain, along with other
requirements, a copy of the medical license of the ringside
physician and the date, time, and location of the ringside
physician’s examination of the contestants.
NEW SUBPARAGRAPH. (9) For the responsibilities of the
promoter of an athletic event, that the promoter submit test
results to the ringside physician no later than at the time of
the physical showing that each contestant scheduled for the
event tested negative for the human immunodeficiency, hepatitis
B, and hepatitis C viruses within the one-year period prior to
the event, and that the contestant shall not participate and
the physician shall notify the promoter that the contestant is
prohibited from participating for medical reasons if specified
circumstances occur.
NEW SUBPARAGRAPH. (10) For injuries during a professional
boxing match, that if a contestant claims to be injured during
the bout, the referee shall stop the bout and request the
attending physician to make an examination. If the physician
-1124-decides that the contestant has been injured as the result of a
foul, the physician shall advise the referee of the injury. If
the physician is of the opinion that the injured contestant may
be able to continue, the physician shall order an intermission,
after which the physician shall make another examination and
again advise the referee of the injured contestant’s condition.
It shall be the duty of the promoter to have an approved
physician in attendance during the entire duration of all
bouts.
NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
a professional boxing match, that no person other than the
contestants and the referee shall enter the ring during the
bout, excepting the seconds between the rounds or the attending
physician if asked by the referee to examine an injury to a
contestant.
NEW SUBPARAGRAPH. (12) For the weighing of contestants in
a professional boxing match, that contestants shall be weighed
and examined on the day of the scheduled match by the attending
ring physician at a time and place to be determined by the
state commissioner of athletics.
NEW SUBPARAGRAPH. (13) For attending ring physicians
during a professional boxing match, that when a boxer has been
injured seriously, knocked out, or technically knocked out, the
referee shall immediately summon the attending ring physician
to aid the stricken boxer, and that managers, handlers, and
seconds shall not attend to the stricken boxer, except at the
request of the physician.
NEW SUBPARAGRAPH. (14) For the keeping of time during a
professional boxing match, that the timekeeper shall keep an
exact record of time taken out at the request of a referee for
an examination of a contestant by the physician.
NEW SUBPARAGRAPH. (15) For the suspension of contestants
during a professional boxing match that is an elimination
tournament, that a contestant who for specified reasons is not
permitted to box in the state for a period of time shall be
-1125-examined by a physician approved by the state commissioner of
athletics before being permitted to fight again.
NEW SUBPARAGRAPH. (16) For the designation of officials for
professional kickboxing, that the designation of physicians is
subject to the approval of the state commissioner of athletics
or designee.
NEW SUBPARAGRAPH. (17) For officials for a mixed martial
arts event, that officials shall include a physician.
NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
martial arts event, that the timekeeper shall keep an exact
record of time taken out at the request of a referee for an
examination of a contestant by the physician.
NEW SUBPARAGRAPH. (19) For persons allowed in the cage
during a mixed martial arts event, that a physician may enter
the cage to examine a contestant upon the request of the
referee.
NEW SUBPARAGRAPH. (20) For the decorum of persons involved
in a mixed martial arts event, that a contestant is exempt
from prohibitions on specified conduct while interacting with
the contestant’s opponent during a round, but if the round
is stopped by the physician or referee for a time out, the
prohibitions shall apply to the contestant.
NEW SUBPARAGRAPH. (21) For the examination of contestants
in a mixed martial arts event, that on the day of the event,
at a time and place to be approved by the state commissioner
of athletics, the ringside physician shall conduct a rigorous
physical examination to determine the contestant’s fitness
to participate in a mixed martial arts match, and that
a contestant deemed not fit by the physician shall not
participate in the event.
NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
arts event, that if a contestant claims to be injured or
when a contestant has been injured seriously or knocked out,
the referee shall immediately stop the fight and summon the
attending ring physician to make an examination of the stricken
-1126-fighter. If the physician decides that the contestant has
been injured, the physician shall advise the referee of the
severity of the injury. If the physician is of the opinion the
injured contestant may be able to continue, the physician shall
order an intermission, after which the physician shall make
another examination and again advise the referee of the injured
contestant’s condition. Managers, handlers, and seconds shall
not attend to the stricken fighter, except at the request of
the physician.
Sec. 1912. Section 147.77, subsection 1, paragraph p,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The labor services division of the department of workforce
development inspections, appeals, and licensing, with respect
to rules relating to the following:
Sec. 1913. Section 147.77, subsection 1, paragraph p,
subparagraphs (3) through (19), Code 2023, are amended by
striking the subparagraphs.
Sec. 1914. Section 147.87, Code 2023, is amended to read as
follows:
147.87 Enforcement.
A board shall enforce the provisions of this chapter and the
board’s enabling statute and for that purpose may request the
department of inspections, and appeals, and licensing to make
necessary investigations. Every licensee and member of a board
shall furnish the board or the department of inspections, and
appeals, and licensing such evidence as the member or licensee
may have relative to any alleged violation which is being
investigated.
Sec. 1915. Section 147.88, Code 2023, is amended to read as
follows:
147.88 Inspections and investigations.
The department of inspections, and appeals, and licensing
may perform inspections and investigations as required by this
subtitle, except inspections and investigations for the board
-1127-of medicine, board of pharmacy, board of nursing, and the
dental board. The department of inspections, and appeals, and
licensing shall employ personnel related to the inspection and
investigative functions.
Sec. 1916. Section 155A.13, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. To the maximum extent possible, the board shall
coordinate the rules with the standards and conditions
described in paragraph “a”, subparagraph (4), and shall
coordinate its inspections of hospital pharmacies with the
Medicare surveys of the department of inspections, and appeals,
and licensing and with the board’s inspections with respect to
controlled substances conducted under contract with the federal
government.
Sec. 1917. Section 155A.15, subsection 2, paragraph d,
subparagraph (5), Code 2023, is amended to read as follows:
(5) A licensed health care facility which is furnished
the drug or device by a pharmacy for storage in secured
emergency pharmaceutical supplies containers maintained within
the facility in accordance with rules of the department of
inspections, and appeals, and licensing and rules of the board.
Sec. 1918. Section 169.14, subsection 1, Code 2023, is
amended to read as follows:
1. The board, upon its own motion or upon a verified
complaint in writing, may request the department of
inspections, and appeals, and licensing to conduct an
investigation of the charges contained in the complaint. The
department of inspections, and appeals, and licensing shall
report its findings to the board, and the board may issue an
order fixing the time and place for hearing if a hearing is
deemed warranted. A written notice of the time and place of
the hearing, together with a statement of the charges, shall
be served upon the licensee at least ten days before the
hearing in the manner required for the service of notice of the
commencement of an ordinary action.
-1128- Sec. 1919. Section 190B.102, subsection 3, Code 2023, is
amended to read as follows:
3. The department of agriculture and land stewardship, the
department of public health, the department of human services,
and the department of inspections, and appeals, and licensing
shall cooperate with the department of revenue to administer
this subchapter.
Sec. 1920. Section 217.34, Code 2023, is amended to read as
follows:
217.34 Debt setoff.
The investigations division of the department of
inspections, and appeals, and licensing and the department of
human services shall provide assistance to set off against a
person’s or provider’s income tax refund or rebate any debt
which has accrued through written contract, nonpayment of
premiums pursuant to section 249A.3, subsection 2, paragraph
“a”, subparagraph (1), subrogation, departmental recoupment
procedures, or court judgment and which is in the form of a
liquidated sum due and owing the department of human services.
The department of inspections, and appeals, and licensing,
with approval of the department of human services, shall adopt
rules under chapter 17A necessary to assist the department of
administrative services in the implementation of the setoff
under section 8A.504 in regard to money owed to the state for
public assistance overpayments or nonpayment of premiums as
specified in this section. The department of human services
shall adopt rules under chapter 17A necessary to assist the
department of administrative services in the implementation of
the setoff under section 8A.504, in regard to collections by
the child support recovery unit and the foster care recovery
unit.
Sec. 1921. Section 217.35, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Notwithstanding the requirement for deposit of recovered
moneys under section 239B.14, recovered moneys generated
-1129-through fraud and recoupment activities are appropriated to
the department of human services to be used for additional
fraud and recoupment activities performed by the department of
human services or the department of inspections, and appeals,
and licensing. The department of human services may use
the recovered moneys appropriated to add not more than five
full-time equivalent positions, in addition to those funded
by annual appropriations. The appropriation of the recovered
moneys is subject to both of the following conditions:
Sec. 1922. Section 225C.4, subsection 1, paragraphs t and u,
Code 2023, are amended to read as follows:
t. In cooperation with the department of inspections, and
appeals, and licensing, recommend minimum standards under
section 227.4 for the care of and services to persons with
mental illness or an intellectual disability residing in county
care facilities. The administrator shall also cooperate with
the department of inspections, and appeals, and licensing
in recommending minimum standards for care of and services
provided to persons with mental illness or an intellectual
disability living in a residential care facility regulated
under chapter 135C.
u. In cooperation with the Iowa department of public health,
recommend minimum standards for the maintenance and operation
of public or private facilities offering disability services,
which are not subject to licensure by the department or the
department of inspections, and appeals, and licensing.
Sec. 1923. Section 225C.6, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Unless another governmental body sets standards for a
service available to persons with disabilities, adopt state
standards for that service. The commission shall review the
licensing standards used by the department of human services or
department of inspections, and appeals, and licensing for those
facilities providing disability services.
Sec. 1924. Section 225C.6, subsection 4, paragraph a, Code
-1130-2023, is amended to read as follows:
a. The department shall coordinate with the department of
inspections, and appeals, and licensing in the establishment
of facility-based and community-based, subacute mental health
services.
Sec. 1925. Section 227.4, Code 2023, is amended to read as
follows:
227.4 Standards for care of persons with mental illness or an
intellectual disability in county care facilities.
The administrator, in cooperation with the department of
inspections, and appeals, and licensing, shall recommend
and the mental health and disability services commission
created in section 225C.5 shall adopt, or amend and adopt,
standards for the care of and services to persons with mental
illness or an intellectual disability residing in county care
facilities. The standards shall be enforced by the department
of inspections, and appeals, and licensing as a part of the
licensure inspection conducted pursuant to chapter 135C. The
objective of the standards is to ensure that persons with
mental illness or an intellectual disability who are residents
of county care facilities are not only adequately fed, clothed,
and housed, but are also offered reasonable opportunities for
productive work and recreational activities suited to their
physical and mental abilities and offering both a constructive
outlet for their energies and, if possible, therapeutic
benefit. When recommending standards under this section,
the administrator shall designate an advisory committee
representing administrators of county care facilities, regional
administrators, mental health and disability services region
governing boards, and county care facility certified volunteer
long-term care ombudsmen to assist in the establishment of
standards.
Sec. 1926. Section 231.42, subsections 4 and 10, Code 2023,
are amended to read as follows:
4. Referrals of abuse, neglect, or exploitation.
-1131- a. If abuse, neglect, or exploitation of a resident or
tenant is suspected, the state or a local long-term care
ombudsman shall, with the permission of the resident or tenant
as applicable under federal law, make an immediate referral to
the department of inspections, and appeals, and licensing, the
department of human services, the department on aging, or the
appropriate law enforcement agency, as applicable.
b. If the department of inspections, and appeals, and
licensing responds to a complaint referred by the state or
a local long-term care ombudsman against a long-term care
facility, assisted living program, elder group home, or an
employee of such entity, copies of related inspection reports,
plans of correction, and notice of any citations and sanctions
levied against the facility, program, or home shall be
forwarded to the office of long-term care ombudsman.
10. Change in operations. A long-term care facility,
assisted living program, or elder group home shall inform the
office of long-term care ombudsman in writing at least thirty
days prior to any change in operations, programs, services,
licensure, or certification that affects residents or tenants,
including but not limited to the intention to close, decertify,
or change ownership. In an emergency situation, or when a
long-term care facility, assisted living program, or elder
group home is evacuated, the department of inspections, and
appeals, and licensing shall notify the office of long-term
care ombudsman.
Sec. 1927. Section 231.58, Code 2023, is amended to read as
follows:
231.58 Long-term living coordination.
The director may convene meetings, as necessary, of the
director and the directors of human services, public health,
and inspections, and appeals, and licensing, to assist in
the coordination of policy, service delivery, and long-range
planning relating to the long-term living system and older
Iowans in the state. The group may consult with individuals,
-1132-institutions and entities with expertise in the area of the
long-term living system and older Iowans, as necessary, to
facilitate the group’s efforts.
Sec. 1928. Section 231B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing or the department’s designee.
Sec. 1929. Section 231C.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing or the department’s designee.
Sec. 1930. Section 231C.5A, Code 2023, is amended to read
as follows:
231C.5A Assessment of tenants — program eligibility.
An assisted living program receiving reimbursement through
the medical assistance program under chapter 249A shall
assist the department of veterans affairs in identifying, upon
admission of a tenant, the tenant’s eligibility for benefits
through the United States department of veterans affairs. The
assisted living program shall also assist the commission of
veterans affairs in determining such eligibility for tenants
residing in the program on July 1, 2009. The department
of inspections, and appeals, and licensing, in cooperation
with the department of human services, shall adopt rules to
administer this section, including a provision that ensures
that if a tenant is eligible for benefits through the United
States department of veterans affairs or other third-party
payor, the payor of last resort for reimbursement to the
assisted living program is the medical assistance program.
The rules shall also require the assisted living program
to request information from a tenant or tenant’s personal
representative regarding the tenant’s veteran status and to
report to the department of veterans affairs only the names of
tenants identified as potential veterans along with the names
of their spouses and any dependents. Information reported by
-1133-the assisted living program shall be verified by the department
of veterans affairs.
Sec. 1931. Section 231D.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1932. Section 232.142, subsection 5, Code 2023, is
amended to read as follows:
5. The director, the director of the department of human
rights, or a designee of the director of the department of
human rights shall approve annually all such homes established
and maintained under the provisions of this chapter. A home
shall not be approved unless it complies with minimal rules and
standards adopted by the director and has been inspected by the
department of inspections, and appeals, and licensing. The
statewide number of beds in the homes approved by the director
shall not exceed two hundred seventy-two beds beginning July 1,
2017. This subsection is repealed July 1, 2023.
Sec. 1933. Section 234.12, subsection 3, Code 2023, is
amended to read as follows:
3. Upon request by the department of human services, the
department of inspections, and appeals, and licensing shall
conduct investigations into possible fraudulent practices,
as described in section 234.13, relating to food programs
administered by the department of human services.
Sec. 1934. Section 235.5, Code 2023, is amended to read as
follows:
235.5 Inspections.
The department of inspections, and appeals, and licensing
shall conduct inspections of private institutions for the care
of dependent, neglected, and delinquent children in accordance
with procedures established pursuant to chapters 10A and 17A.
Sec. 1935. Section 235A.15, subsection 2, paragraph e,
subparagraph (17), Code 2023, is amended to read as follows:
(17) To the department of inspections, and appeals, and
-1134-licensing for purposes of record checks of applicants for
employment with the department of inspections, and appeals, and
licensing.
Sec. 1936. Section 235A.16, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The department of inspections, and appeals, and licensing
may provide access to the single contact repository established
under section 135C.33, subsection 7, for criminal and abuse
history checks made by those employers, agencies, and other
persons that are authorized access to child abuse information
under section 235A.15 and are required by law to perform such
checks.
Sec. 1937. Section 235B.1, subsection 4, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Advise the director of human services, the director
of the department on aging, the director of inspections, and
appeals, and licensing, the director of public health, the
director of the department of corrections, and the director of
human rights regarding dependent adult abuse.
Sec. 1938. Section 235B.1, subsection 4, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The advisory council shall consist of twelve members.
Eight members shall be appointed by and serve at the pleasure
of the governor. Four of the members appointed shall be
appointed on the basis of knowledge and skill related to
expertise in the area of dependent adult abuse including
professionals practicing in the disciplines of medicine, public
health, mental health, long-term care, social work, law,
and law enforcement. Two of the members appointed shall be
members of the general public with an interest in the area of
dependent adult abuse and two of the members appointed shall
be members of the Iowa caregivers association. In addition,
the membership of the council shall include the director or the
director’s designee of the department of human services, the
department on aging, the Iowa department of public health, and
-1135-the department of inspections, and appeals, and licensing.
Sec. 1939. Section 235B.3, subsection 1, paragraph a,
subparagraphs (2), (3), and (4), Code 2023, are amended to read
as follows:
(2) However, the department of inspections, and appeals,
and licensing is solely responsible for the evaluation and
disposition of dependent adult abuse cases within facilities
and programs pursuant to chapter 235E and shall inform
the department of human services of such evaluations and
dispositions pursuant to section 235E.2.
(3) If, in the course of an assessment or evaluation
of a report of dependent adult abuse, the department of
human services or the department of inspections and appeals
determines the case involves wages, workplace safety, or
other labor and employment matters under the jurisdiction of
the department of inspections, appeals, and licensing or the
division of labor services of the department of workforce
development inspections, appeals, and licensing, the relevant
portions of the case shall be referred to the department
of inspections, appeals, and licensing or the division, as
applicable.
(4) If, in the course of an assessment or evaluation of
a report of dependent adult abuse, the department of human
services or the department of inspections, and appeals, and
licensing determines that the case involves discrimination
under the jurisdiction of the civil rights commission,
the relevant portions of the case shall be referred to the
commission.
Sec. 1940. Section 235B.3, subsection 10, paragraph a, Code
2023, is amended to read as follows:
a. If, upon completion of the evaluation or upon referral
from the department of inspections, and appeals, and
licensing, the department determines that the best interests
of the dependent adult require court action, the department
shall initiate action for the appointment of a guardian or
-1136-conservator or for admission or commitment to an appropriate
institution or facility pursuant to the applicable procedures
under chapter 125, 222, 229, or 633, or shall pursue other
remedies provided by law. The appropriate county attorney
shall assist the department in the preparation of the necessary
papers to initiate the action and shall appear and represent
the department at all district court proceedings.
Sec. 1941. Section 235B.3, subsection 14, Code 2023, is
amended to read as follows:
14. The department of inspections, and appeals, and
licensing shall adopt rules which require facilities or
programs to separate an alleged dependent adult abuser from a
victim following an allegation of perpetration of abuse and
prior to the completion of an investigation of the allegation.
Sec. 1942. Section 235B.5, subsection 5, Code 2023, is
amended to read as follows:
5. An oral report of suspected dependent adult abuse
initially made to the central registry regarding a facility or
program as defined in section 235E.1 shall be transmitted by
the department to the department of inspections, and appeals,
and licensing on the first working day following the submitting
of the report.
Sec. 1943. Section 235B.6, subsection 2, paragraph e,
subparagraph (9), Code 2023, is amended to read as follows:
(9) The department of inspections, and appeals, and
licensing for purposes of record checks of applicants for
employment with the department of inspections, and appeals, and
licensing.
Sec. 1944. Section 235B.7, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The department of inspections, and appeals, and licensing
may provide access to the single contact repository established
under section 135C.33, subsection 7, for criminal and abuse
history checks made by those employers, agencies, and other
persons that are authorized access to dependent adult abuse
-1137-information under section 235B.6 and are required by law to
perform such checks.
Sec. 1945. Section 235B.16, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. The department, in cooperation with the department
on aging and the department of inspections, and appeals, and
licensing, shall institute a program of education and training
for persons, including members of provider groups and family
members, who may come in contact with dependent adult abuse.
The program shall include but is not limited to instruction
regarding recognition of dependent adult abuse and the
procedure for the reporting of suspected abuse.
4. The department of inspections, and appeals, and
licensing shall provide training to investigators regarding
the collection and preservation of evidence in the case of
suspected dependent adult abuse.
Sec. 1946. Section 235B.16A, subsection 4, Code 2023, is
amended to read as follows:
4. The department of human services shall cooperate with
the department on aging, the departments of inspections, and
appeals, and licensing, public health, public safety, and
workforce development, the civil rights commission, and other
state and local agencies performing inspections or otherwise
visiting residential settings where dependent adults live,
to regularly provide training to the appropriate staff in
the agencies concerning each agency’s procedures involving
dependent adults, and to build awareness concerning dependent
adults and reporting of dependent adult abuse.
Sec. 1947. Section 235E.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1948. Section 235E.2, subsection 5, Code 2023, is
amended to read as follows:
5. Any other person who believes that a dependent adult
-1138-has suffered dependent adult abuse may report the suspected
dependent adult abuse to the department of inspections, and
appeals, and licensing. The department of inspections, and
appeals, and licensing shall transfer any reports received
of dependent adult abuse in the community to the department
of human services. The department of human services shall
transfer any reports received of dependent adult abuse in
facilities or programs to the department of inspections, and
appeals, and licensing.
Sec. 1949. Section 235F.6, subsection 4, Code 2023, is
amended to read as follows:
4. The court may approve a consent agreement between the
parties entered into to bring about the cessation of elder
abuse. A consent agreement approved under this section shall
not contain any of the following:
a. A provision that prohibits any party to the action
from contacting or cooperating with any government agency
including the department of human services, the department of
inspections, and appeals, and licensing, the department on
aging, the department of justice, law enforcement, and the
office of long-term care ombudsman; a licensing or regulatory
agency that has jurisdiction over any license or certification
held by the defendant; a protection and advocacy agency
recognized in section 135C.2; or the defendant’s current
employer if the defendant’s professional responsibilities
include contact with vulnerable elders, dependent adults, or
minors, if the party contacting or cooperating has a good-faith
belief that the information is relevant to the duties or
responsibilities of the entity.
b. A provision that prohibits any party to the action
from filing a complaint with or reporting a violation of law
to any government agency including the department of human
services, the department of inspections, and appeals, and
licensing, the department on aging, the department of justice,
law enforcement, and the office of long-term care ombudsman; a
-1139-licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
c. A provision that requires any party to the action
to withdraw a complaint filed with or a violation reported
to any government agency including the department of human
services, the department of inspections, and appeals, and
licensing, the department on aging, the department of justice,
law enforcement, and the office of long-term care ombudsman; a
licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
Sec. 1950. Section 237.7, Code 2023, is amended to read as
follows:
237.7 Reports and inspections.
The administrator may require submission of reports by a
licensee, and shall cause at least one annual unannounced
inspection of each facility to assess the quality of the
living situation and to determine compliance with applicable
requirements and standards. The inspections shall be conducted
by the department of inspections, and appeals, and licensing.
The director of the department of inspections, and appeals, and
licensing may examine records of a licensee, including but not
limited to corporate records and board minutes, and may inquire
into matters concerning a licensee and its employees relating
to requirements and standards for child foster care under this
chapter.
Sec. 1951. Section 237A.1, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. A child care center for sick children operated as part
of a pediatrics unit in a hospital licensed by the department
of inspections, and appeals, and licensing pursuant to chapter
135B.
-1140- Sec. 1952. Section 237A.8, Code 2023, is amended to read as
follows:
237A.8 Violations — actions against license or registration.
The administrator, after notice and opportunity for an
evidentiary hearing before the department of inspections, and
appeals, and licensing, may suspend or revoke a license or
certificate of registration issued under this chapter or may
reduce a license to a provisional license if the person to whom
a license or certificate is issued violates a provision of this
chapter or if the person makes false reports regarding the
operation of the child care facility to the administrator or a
designee of the administrator. The administrator shall notify
the parent, guardian, or legal custodian of each child for whom
the person provides child care at the time of action to suspend
or revoke a license or certificate of registration.
Sec. 1953. Section 237A.29, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A child care provider that has been found by the department
of inspections, and appeals, and licensing in an administrative
proceeding or in a judicial proceeding to have obtained, or has
agreed to entry of a civil judgment or judgment by confession
that includes a conclusion of law that the child care provider
has obtained, by fraudulent means, public funding for provision
of child care in an amount equal to or in excess of the minimum
amount for a fraudulent practice in the second degree under
section 714.10, subsection 1, paragraph “a”, shall be subject
to sanction in accordance with this subsection. Such child
care provider shall be subject to a period during which receipt
of public funding for provision of child care is conditioned
upon no further violations and to one or more of the following
sanctions as determined by the department of human services:
Sec. 1954. Section 237C.3, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services shall consult with
-1141-the department of education, the department of inspections,
and appeals, and licensing, the department of public health,
the state fire marshal, and other agencies as determined by
the department of human services to establish certification
standards for children’s residential facilities in accordance
with this chapter.
Sec. 1955. Section 237C.8, Code 2023, is amended to read as
follows:
237C.8 Reports and inspections.
The administrator may require submission of reports by a
certificate of approval holder and shall cause at least one
annual unannounced inspection of a children’s residential
facility to assess compliance with applicable requirements
and standards. The inspections shall be conducted by the
department of inspections, and appeals, and licensing in
addition to initial, renewal, and other inspections that result
from complaints or self-reported incidents. The department of
inspections, and appeals, and licensing and the department of
human services may examine records of a children’s residential
facility and may inquire into matters concerning the children’s
residential facility and its employees, volunteers, and
subcontractors relating to requirements and standards for
children’s residential facilities under this chapter.
Sec. 1956. Section 238.19, Code 2023, is amended to read as
follows:
238.19 Inspection generally.
Authorized employees of the department of inspections, and
appeals, and licensing may inspect the premises and conditions
of the agency at any time and examine every part of the agency;
and may inquire into all matters concerning the agency and the
children in the care of the agency.
Sec. 1957. Section 238.20, Code 2023, is amended to read as
follows:
238.20 Minimum inspection — record.
Authorized employees of the department of inspections, and
-1142- appeals, and licensing shall visit and inspect the premises
of licensed child-placing agencies at least once every twelve
months and make and preserve written reports of the conditions
found.
Sec. 1958. Section 239B.16, Code 2023, is amended to read
as follows:
239B.16 Appeal — judicial review.
If an applicant’s application is not acted upon within a
reasonable time, if it is denied in whole or in part, or if a
participant’s assistance or other benefits under this chapter
are modified, suspended, or canceled under a provision of
this chapter, the applicant or participant may appeal to the
department of human services which shall request the department
of inspections, and appeals, and licensing to conduct a
hearing. Upon completion of a hearing, the department of
inspections, and appeals, and licensing shall issue a decision
which is subject to review by the department of human services.
Judicial review of the actions of the department of human
services may be sought in accordance with chapter 17A. Upon
receipt of a notice of the filing of a petition for judicial
review, the department of human services shall furnish the
petitioner with a copy of any papers filed in support of the
petitioner’s position, a transcript of any testimony taken, and
a copy of the department’s decision.
Sec. 1959. Section 249.5, Code 2023, is amended to read as
follows:
249.5 Judicial review.
If an application is not acted upon within a reasonable
time, if it is denied in whole or in part, or if an award
of assistance is modified, suspended, or canceled under a
provision of this chapter, the applicant or recipient may
appeal to the department of human services, which shall request
the department of inspections, and appeals, and licensing
to conduct a hearing. Upon completion of a hearing, the
department of inspections, and appeals, and licensing shall
-1143-issue a decision which is subject to review by the department
of human services. Judicial review of the actions of the
department of human services may be sought in accordance with
chapter 17A. Upon receipt of the petition for judicial review,
the department of human services shall furnish the petitioner
with a copy of any papers filed by the petitioner in support of
the petitioner’s position, a transcript of any testimony taken,
and a copy of the department’s decision.
Sec. 1960. Section 249.11, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections, and appeals, and
licensing shall conduct investigations and audits as deemed
necessary to ensure compliance with state supplementary
assistance programs administered under this chapter. The
department of inspections, and appeals, and licensing shall
cooperate with the department of human services on the
development of procedures relating to such investigations and
audits to ensure compliance with federal and state single state
agency requirements.
Sec. 1961. Section 249A.4, subsection 11, Code 2023, is
amended to read as follows:
11. Shall provide an opportunity for a fair hearing before
the department of inspections, and appeals, and licensing
to an individual whose claim for medical assistance under
this chapter is denied or is not acted upon with reasonable
promptness. Upon completion of a hearing, the department of
inspections, and appeals, and licensing shall issue a decision
which is subject to review by the department of human services.
Judicial review of the decisions of the department of human
services may be sought in accordance with chapter 17A. If
a petition for judicial review is filed, the department of
human services shall furnish the petitioner with a copy of
the application and all supporting papers, a transcript of
the testimony taken at the hearing, if any, and a copy of its
decision.
-1144- Sec. 1962. Section 249A.50, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections, and appeals, and
licensing shall conduct investigations and audits as deemed
necessary to ensure compliance with the medical assistance
program administered under this chapter. The department
of inspections, and appeals, and licensing shall cooperate
with the department of human services on the development of
procedures relating to such investigations and audits to
ensure compliance with federal and state single state agency
requirements.
Sec. 1963. Section 249A.50, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. A Medicaid fraud fund is created in the state treasury
under the authority of the department of inspections, and
appeals, and licensing. Moneys from penalties, investigative
costs recouped by the Medicaid fraud control unit, and other
amounts received as a result of prosecutions involving
the department of inspections, and appeals, and licensing
investigations and audits to ensure compliance with the medical
assistance program that are not credited to the program shall
be credited to the fund.
Sec. 1964. Section 321.11, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. Notwithstanding other provisions of this section to the
contrary, the department shall not release personal information
to a person, other than to an officer or employee of a law
enforcement agency, an employee of a federal or state agency
or political subdivision in the performance of the employee’s
official duties, a contract employee of the department of
inspections, and appeals, and licensing in the conduct of an
investigation, or a licensed private investigation agency
or a licensed security service or a licensed employee of
either, if the information is requested by the presentation
of a registration plate number. In addition, an officer or
-1145-employee of a law enforcement agency may release the name,
address, and telephone number of a motor vehicle registrant to
a person requesting the information by the presentation of a
registration plate number if the officer or employee of the law
enforcement agency believes that the release of the information
is necessary in the performance of the officer’s or employee’s
duties.
4. The department shall not release personal information
that is in the form of a person’s photograph or digital
image or a digital reproduction of a person’s photograph to a
person other than an officer or employee of a law enforcement
agency, an employee of a federal or state agency or political
subdivision in the performance of the employee’s official
duties, a contract employee of the department of inspections,
and appeals, and licensing in the conduct of an investigation,
or a licensed private investigation agency or a licensed
security service or a licensed employee of either, regardless
of whether a person has provided express written consent to
disclosure of the information. The department may collect
reasonable fees for copies of records or other services
provided pursuant to this section or section 22.3, 321.10, or
622.46.
Sec. 1965. Section 321.19, subsection 1, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health, the
department of inspections, and appeals, and licensing, and the
department of revenue, who are regularly assigned to conduct
investigations which cannot reasonably be conducted with a
vehicle displaying “official” state registration plates.
Sec. 1966. Section 321.211, subsection 1, Code 2023, is
amended to read as follows:
1. Upon suspending the license of a person as authorized,
the department shall immediately notify the licensee in writing
-1146-and upon the licensee’s request shall afford the licensee an
opportunity for a hearing before the department of inspections,
and appeals, and licensing as early as practical within
thirty days after receipt of the request. The hearing shall
be held by telephone conference unless the licensee and the
department of inspections, and appeals, and licensing agree to
hold the hearing in the county in which the licensee resides
or in some other county. Upon the hearing the department of
inspections, and appeals, and licensing may administer oaths
and issue subpoenas for the attendance of witnesses and the
production of relevant books and papers and may require a
reexamination of the licensee. Upon the hearing and issuance
of a recommendation by the department of inspections, and
appeals, and licensing, the state department of transportation
shall either rescind its order of suspension or for good cause
may extend the suspension of the license or revoke the license.
This section does not preclude the director from attempting to
effect an informal settlement under chapter 17A.
Sec. 1967. Section 322.9, subsection 1, Code 2023, is
amended to read as follows:
1. The department may revoke or suspend the license of a
retail motor vehicle dealer if, after notice and hearing by the
department of inspections, and appeals, and licensing, it finds
that the licensee has been guilty of an act which would be a
ground for the denial of a license under section 322.6.
Sec. 1968. Section 322.9, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department may revoke or suspend the license of a retail
motor vehicle dealer if, after notice and hearing by the
department of inspections, and appeals, and licensing, it finds
that the licensee has been convicted or has forfeited bail on
three charges of:
Sec. 1969. Section 322.24, subsection 1, Code 2023, is
amended to read as follows:
1. The state department of transportation and the
-1147-department of inspections, and appeals, and licensing may
issue subpoenas to compel the attendance of witnesses and the
production of documents, papers, books, records, and other
evidence in any matter over which the respective department
has jurisdiction, control, or supervision pertaining to this
chapter.
Sec. 1970. Section 322A.3A, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. After a hearing held as described in this subsection,
the department of inspections, and appeals, and licensing
may affirm, deny, or modify the proposed alteration of a
franchisee’s community, may enter any other orders necessary
to ensure that an alteration of the franchisee’s community is
reasonable in light of all the relevant circumstances, and
may assess the costs of the hearing among the parties to the
hearing as appropriate.
Sec. 1971. Section 322A.5, subsection 2, paragraph b,
subparagraph (3), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) Within thirty days of receiving the franchisee’s
submission, the franchiser may choose to audit the submitted
orders. The franchiser shall then approve or deny the
establishment of the franchisee’s average percentage markup
or labor rate. If the franchiser approves the establishment
of the franchisee’s average percentage markup or labor rate,
the markup or rate calculated under this subparagraph shall go
into effect forty-five days after the date of the franchiser’s
approval. If the franchiser denies the establishment of the
franchisee’s average percentage markup or labor rate, the
franchisee may file a complaint with the department and a
hearing shall be held before the department of inspections,
and appeals, and licensing. The franchiser shall have the
burden of proof to establish that the franchiser’s denial was
reasonable. If the department of inspections, and appeals,
and licensing finds the denial was not reasonable, the denial
-1148-shall be deemed a violation of this chapter and the department
of inspections, and appeals, and licensing shall determine
the franchisee’s average percentage markup or labor rate for
purposes of calculating a reasonable schedule of compensation.
In making such a determination, the department of inspections,
and appeals, and licensing shall not consider retail service
orders or portions of retail service orders attributable to
routine maintenance such as tire service or oil service.
Sec. 1972. Section 322A.6, subsection 2, Code 2023, is
amended to read as follows:
2. An applicant seeking permission to enter into a franchise
for additional representation of the same line-make in a
community shall deposit with the department at the time the
application is filed, an amount of money to be determined by
the department of inspections, and appeals, and licensing to
pay the costs of the hearing.
Sec. 1973. Section 322A.7, subsection 1, Code 2023, is
amended to read as follows:
1. Upon receiving an application, the department shall
notify the department of inspections, and appeals, and
licensing which shall enter an order fixing a time, which
shall be within ninety days of the date of the order, and
place of hearing, and shall send by certified or registered
mail, with return receipt requested, a copy of the order
to the franchisee whose franchise the franchiser seeks to
terminate or not continue, or to the franchiser who is seeking
to alter a franchisee’s community, as applicable. If the
application requests permission to establish an additional
motor vehicle dealership, a copy of the order shall be sent to
all franchisees in the community who are then engaged in the
business of offering to sell or selling the same line-make. If
the application challenges the reasonableness of a proposed
alteration to a franchisee’s community, a copy of the order
shall be sent to all franchisees located in Iowa surrounding
the affected community which are then engaged in the business
-1149-of offering to sell or selling the same line-make. Copies of
orders shall be addressed to the franchisee at the place where
the business is conducted. The department of inspections, and
appeals, and licensing may also give notice of the franchiser’s
application to any other parties deemed interested persons, the
notice to be in the form and substance and given in the manner
the department of inspections, and appeals, and licensing deems
appropriate.
Sec. 1974. Section 322A.8, Code 2023, is amended to read as
follows:
322A.8 Continuation.
If the department of inspections, and appeals, and licensing
finds it desirable it may upon request continue the date of
hearing for a period of ninety days, and may upon application,
but not ex parte, continue the date of hearing for an
additional period of ninety days.
Sec. 1975. Section 322A.9, subsection 2, Code 2023, is
amended to read as follows:
2. Nothing contained in this chapter shall be construed to
require or authorize any investigation by the department of any
matter before the department under this chapter. Upon hearing,
the department of inspections, and appeals, and licensing shall
hear the evidence introduced by the parties and shall make its
decision solely upon the record so made.
Sec. 1976. Section 322A.10, Code 2023, is amended to read
as follows:
322A.10 Rules of evidence.
1. The rules of civil procedure relating to discovery and
inspection shall apply to hearings held under the provisions of
this chapter, and the department of inspections, and appeals,
and licensing may issue orders to give effect to such rules.
2. In the event issues are raised which would involve
violations of any state or federal antitrust or price-fixing
law, all discovery and inspection proceedings which would be
available under such issues in a state or federal court action
-1150-shall be available to the parties to the hearing, and the
department of inspections, and appeals, and licensing may issue
orders to give effect to such proceedings.
3. Evidence which would be admissible under the issues in a
state or federal court action is admissible in a hearing held
by the department of inspections, and appeals, and licensing.
The department of inspections, and appeals, and licensing shall
apportion all costs between the parties.
Sec. 1977. Section 322A.13, Code 2023, is amended to read
as follows:
322A.13 Compulsory attendance at hearings.
The department of inspections, and appeals, and licensing
may issue subpoenas, administer oaths, compel the attendance of
witnesses and production of books, papers, documents, and all
other evidence. The department of inspections, and appeals,
and licensing may apply to the district court of the county
wherein the hearing is being held for a court order enforcing
this section.
Sec. 1978. Section 322A.15, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In determining whether good cause has been established for
terminating or not continuing a franchise, the department
of inspections, and appeals, and licensing shall take into
consideration the existing circumstances, including, but not
limited to:
Sec. 1979. Section 322A.15, subsection 1, paragraphs g and
h, Code 2023, are amended to read as follows:
g. Except as provided in section 322A.11, failure by the
franchisee to substantially comply with those requirements
of the franchise which are determined by the department of
inspections, and appeals, and licensing to be reasonable and
material.
h. Except as provided in section 322A.11, bad faith by the
franchisee in complying with those terms of the franchise which
are determined by the department of inspections, and appeals,
-1151-and licensing to be reasonable and material.
Sec. 1980. Section 322A.16, unnumbered paragraph 1, Code
2023, is amended to read as follows:
In determining whether good cause has been established for
entering into an additional franchise for the same line-make,
the department of inspections, and appeals, and licensing shall
take into consideration the existing circumstances, including,
but not limited to:
Sec. 1981. Section 322A.17, subsection 1, Code 2023, is
amended to read as follows:
1. A decision of the department of inspections, and appeals,
and licensing is subject to review by the state department of
transportation, whose decision is final agency action for the
purpose of judicial review.
Sec. 1982. Section 322C.6, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A license issued under section 322C.4 or 322C.9 may be
denied, revoked, or suspended, after opportunity for a
hearing before the department of inspections, and appeals, and
licensing in accordance with chapters 10A and 17A, if it is
determined that the licensee or applicant has done any of the
following:
Sec. 1983. Section 323.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1984. Section 324A.5, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The department of inspections, and appeals, and licensing
shall establish an appeal process pursuant to chapters 10A and
17A which allows those agencies or organizations determined
to not be in compliance with this chapter an opportunity for
a timely hearing before the department of inspections, and
appeals, and licensing. A decision by the department of
inspections, and appeals, and licensing is subject to review by
-1152-the state department of transportation. The state department
of transportation’s decision is the final agency action.
Judicial review of the action of the department may be sought
in accordance with chapter 17A.
Sec. 1985. Section 327C.8, Code 2023, is amended to read as
follows:
327C.8 Objections — hearing.
A person directly affected by the proposed discontinuance
of an agency may file written objections with the department
stating the grounds for the objections, within fifteen days
from the time of the publication of the notice as provided in
section 327C.7. Upon the filing of objections the department
shall request the department of inspections, and appeals, and
licensing to hold a hearing, which shall be held within sixty
days from the filing of the objections. Written notice of the
time and place of the hearing shall be mailed by the department
of inspections, and appeals, and licensing to the railroad
corporation and the person filing objections at least ten days
prior to the date fixed for the hearing.
Sec. 1986. Section 327C.12, Code 2023, is amended to read
as follows:
327C.12 Aid from courts.
The department or the department of inspections, and
appeals, and licensing may invoke the aid of any court of
record in the state in requiring the attendance and testimony
of witnesses and the production of books, papers, tariff
schedules, agreements, and other documents. If a person
refuses to obey a subpoena or other process, a court having
jurisdiction of the inquiry shall issue an order requiring any
of the officers, agents, or employees of a carrier or other
person to appear before either department and produce all books
and papers required by the order and testify in relation to any
matter under investigation.
Sec. 1987. Section 327C.17, Code 2023, is amended to read
as follows:
-1153- 327C.17 Penalty.
If a railroad fails or refuses to comply with a rule or
order made by the state department of transportation or the
department of inspections, and appeals, and licensing within
the time specified, the railroad is, for each day of such
failure, subject to a schedule “two” penalty.
Sec. 1988. Section 327C.19, subsection 1, Code 2023, is
amended to read as follows:
1. A decision of the department of inspections, and appeals,
and licensing is subject to review by the state department of
transportation.
Sec. 1989. Section 327C.20, Code 2023, is amended to read
as follows:
327C.20 Remitting penalty.
If a common carrier fails in a judicial review proceeding
to secure a vacation of the order objected to, it may apply to
the court in which the review proceeding is finally adjudicated
for an order remitting the penalty which has accrued during
the review proceeding. Upon a satisfactory showing that the
petition for judicial review was filed in good faith and not
for the purpose of delay, and that there were reasonable
grounds to believe that the order was unreasonable or unjust
or that the power of the department of transportation or the
department of inspections, and appeals, and licensing to make
the order was doubtful, the court may remit the penalty that
has accrued during the review proceeding.
Sec. 1990. Section 327C.25, Code 2023, is amended to read
as follows:
327C.25 Complaints.
A person may file with the department a petition setting
forth any particular in which a common carrier has violated the
law to which it is subject and the amount of damages sustained
by reason of the violation. The department shall furnish a
copy of the complaint to the carrier against which a complaint
is filed. The department shall request the department
-1154-of inspections, and appeals, and licensing to schedule a
hearing in which the carrier shall answer the petition or
satisfy the demands of the complaint. If the carrier fails
to satisfy the complaint within the time fixed or there
appears to be reasonable grounds for investigating the matters
set forth in the petition, the department of inspections,
and appeals, and licensing shall hear and determine the
questions involved and make orders it finds proper. If the
department of transportation has reason to believe that a
carrier is violating any of the laws to which it is subject,
the department may institute an investigation and request
the department of inspections, and appeals, and licensing to
conduct a hearing in relation to the matters as if a petition
had been filed.
Sec. 1991. Section 327C.26, Code 2023, is amended to read
as follows:
327C.26 Reports.
When a hearing has been held before the department of
inspections, and appeals, and licensing after notice, it shall
make a report in writing setting forth the findings of fact
and its conclusions together with its recommendations as to
what reparation, if any, the offending carrier shall make to a
party who has suffered damage. The findings of fact are prima
facie evidence in all further legal proceedings of every fact
found. All reports of hearings and investigations made by the
department of inspections, and appeals, and licensing shall be
entered of record and a copy furnished to the carrier against
which the complaint was filed, to the party complaining, and
to any other person having a direct interest in the matter. A
reasonable fee not to exceed the actual duplication costs may
be charged for the copies.
Sec. 1992. Section 327C.28, Code 2023, is amended to read
as follows:
327C.28 Violation of order — petition — notice.
If a person violates or fails to obey a lawful order
-1155-or requirement of the department of transportation or the
department of inspections, and appeals, and licensing, the
department of transportation or the department of inspections,
and appeals, and licensing shall apply by petition in the
name of the state against the person, to the district court,
alleging the violation or failure to obey. The court shall
hear and determine the matter set forth in the petition on
reasonable notice to the person, to be fixed by the court and
to be served in the same manner as an original notice for the
commencement of action.
Sec. 1993. Section 327C.29, Code 2023, is amended to read
as follows:
327C.29 Interested party may begin proceedings.
A person interested in enforcing an order or requirement
of the department of transportation or the department of
inspections, and appeals, and licensing, may file a petition
against the violator, alleging the failure to comply with
the order or requirement and asking for summary relief to
the same extent and in the same manner as the department of
transportation or the department of inspections, and appeals,
and licensing may under section 327C.28, and the proceedings
after the filing of the petition shall be the same as in
section 327C.28.
Sec. 1994. Section 327D.4, Code 2023, is amended to read as
follows:
327D.4 Connections.
If a railroad corporation in this state refuses to connect by
proper switches or tracks with the tracks of another railroad
corporation or refuses to receive, transport, load, discharge,
reload, or return cars furnished by another connecting railroad
corporation, a petition requesting resolution of the dispute
may be filed with the department. The department shall notify
the department of inspections, and appeals, and licensing
which shall hold a hearing on the dispute. Upon conclusion of
the hearing, the department of inspections, and appeals, and
-1156-licensing shall issue an order to resolve the dispute. The
order may include the allocation of costs between the parties.
The order is subject to review by the department which review
shall be the final agency action.
Sec. 1995. Section 327D.53, Code 2023, is amended to read
as follows:
327D.53 Division of joint rates.
Before the adoption of the rates, the department shall
notify the railroad corporations interested in the schedule of
joint rates fixed, and give them a reasonable time to agree
upon a division of the charges provided. If the corporations
fail to agree upon a division, and to notify the department
of their agreement, the department shall, after a hearing
conducted by the department of inspections, and appeals, and
licensing, decide the rates, taking into consideration the
value of terminal facilities and all the circumstances of
the haul, and the division so determined by it is, in all
controversies or actions between the railroad corporations
interested, prima facie evidence of a just and reasonable
division.
Sec. 1996. Section 327D.83, Code 2023, is amended to read
as follows:
327D.83 Rate hearing.
If a schedule is filed with the department stating a rate,
the department may, either upon complaint or upon its own
motion, request the department of inspections, and appeals, and
licensing to conduct a hearing concerning the propriety of the
rate.
Sec. 1997. Section 327D.85, Code 2023, is amended to read
as follows:
327D.85 Rate proposal — review.
At the hearing the department of inspections, and appeals,
and licensing shall propose the rates on the schedule, in whole
or in part, or others in lieu thereof, which the department
of inspections, and appeals, and licensing finds are just and
-1157-reasonable rates. The action of the department of inspections,
and appeals, and licensing is subject to review by the state
department of transportation. The decision of the state
department of transportation is the final agency action.
Sec. 1998. Section 327D.89, Code 2023, is amended to read
as follows:
327D.89 Complaint of violation.
When a person complains to the department that the rate
charged or published by a railway corporation, or the maximum
rate fixed by law, is unreasonably high or discriminating,
the department may investigate the matter, and request the
department of inspections, and appeals, and licensing to
conduct a hearing. The department of inspections, and appeals,
and licensing shall give the parties notice of the time and
place of the hearing.
Sec. 1999. Section 327D.90, Code 2023, is amended to read
as follows:
327D.90 Hearing — evidence.
At the time of the hearing the department of inspections, and
appeals, and licensing shall receive any evidence and listen
to any arguments presented by either party relevant to the
matter under investigation, and the burden of proof is not
upon the person making the complaint. The complainant shall
add to the showing made at the hearing whatever information
the complainant then has, or can obtain from any source.
The department of inspections, and appeals, and licensing
shall propose just and reasonable rates, which may be adopted
in whole or in part or modified as the state department of
transportation determines.
Sec. 2000. Section 327D.128, Code 2023, is amended to read
as follows:
327D.128 Weighing — disagreement.
If a railroad corporation and the owner, consignor,
or consignee of car lots of bulk commodities cannot reach
agreement relative to the weighing of the commodities, appeal
-1158-may be made to the state department of transportation. The
state department of transportation, after a hearing by the
department of inspections, and appeals, and licensing, shall
issue an order equitable to all parties including but not
limited to allocation of costs and specification of the place
and manner of weighing.
Sec. 2001. Section 327G.12, Code 2023, is amended to read
as follows:
327G.12 Overhead, underground, or more than one crossing.
The owner of land may serve upon the railroad corporation
a request in writing for more than one private crossing, or
for an overhead or underground crossing, accompanied by a plat
of the owner’s land designating the location and character
of crossing desired. If the railroad corporation refuses or
neglects to comply within thirty days of a written request,
the owner of the land may make written application to the
department to determine the owner’s rights. The department
of inspections, and appeals, and licensing, after notice to
the railroad corporation, shall hear the application and all
objections to the application, and make an order which is
reasonable and just, and if it requires the railroad company to
construct any crossing or roadway, fix the time for compliance
with the order and apportion the costs as appropriate. The
order of the department of inspections, and appeals, and
licensing is subject to review by the state department of
transportation. The decision of the state department of
transportation is the final agency action.
Sec. 2002. Section 327G.16, Code 2023, is amended to read
as follows:
327G.16 Disagreement — application — notice.
If the persons specified in section 327G.15 cannot reach
an agreement, either party may make written application to
the department requesting resolution of the disagreement.
The department shall request the department of inspections,
and appeals, and licensing to set a date for hearing. The
-1159-department of inspections, and appeals, and licensing shall
give ten days’ written notice of the hearing date.
Sec. 2003. Section 327G.17, Code 2023, is amended to read
as follows:
327G.17 Hearing — order.
1. The department of inspections, and appeals, and
licensing shall hear the evidence of each party to the
controversy and shall make an order, which may include,
pursuant to chapters 6A and 6B, authority to condemn, resolving
the controversy. The order shall include the portion of the
expense to be paid by each party to the controversy. In
determining what portion of the expense shall be paid by
each party, the department of inspections, and appeals, and
licensing may consider the ratio of the benefits accruing to
the railroad or the governmental unit or both, to the general
public use and benefit.
2. The order of the department of inspections, and appeals,
and licensing is subject to review by the state department
of transportation. The decision of the state department of
transportation is the final agency action.
Sec. 2004. Section 327G.31, Code 2023, is amended to read
as follows:
327G.31 Disagreement resolved.
If a railroad corporation and the jurisdiction having
authority cannot reach agreement on grade crossing surface
repair and maintenance, either party may appeal to the
department of inspections, and appeals, and licensing if prior
to disagreement both parties have filed a statement with the
state department of transportation to the effect that they have
entered into negotiations on grade crossing surface repair
and maintenance of a particular crossing. The department of
inspections, and appeals, and licensing shall resolve the
dispute in the manner provided in sections 327G.16 and 327G.17,
except for the allocation of costs.
Sec. 2005. Section 327G.32, subsections 3 and 4, Code 2023,
-1160-are amended to read as follows:
3. Other portions of this section notwithstanding, a
political subdivision may pass an ordinance regulating the
length of time a specific crossing may be blocked if the
political subdivision demonstrates that an ordinance is
necessary for public safety or convenience. If an ordinance
is passed, the political subdivision shall, within thirty days
of the effective date of the ordinance, notify the department
and the railroad corporation using the crossing affected by the
ordinance. The ordinance does not become effective unless the
department and the railroad corporation are notified within
thirty days. The ordinance becomes effective thirty days
after notification unless a person files an objection to the
ordinance with the department. If an objection is filed the
department shall notify the department of inspections, and
appeals, and licensing which shall hold a hearing. After
a hearing by the department of inspections, and appeals,
and licensing, the state department of transportation may
disapprove the ordinance if public safety or convenience
does not require the ordinance. The decision of the state
department of transportation is final agency action. The
ordinance approved by the political subdivision is prima facie
evidence that the ordinance is adopted to preserve public
safety or convenience.
4. The department of inspections, and appeals, and
licensing when considering rebuttal evidence shall weigh the
benefits accruing to the political subdivision as they affect
the general public use compared to the burden placed on the
railroad operation. Public safety or convenience may include,
but is not limited to, high traffic density at a specific
crossing of a main artery or interference with the flow of
authorized emergency vehicles.
Sec. 2006. Section 327G.62, Code 2023, is amended to read
as follows:
327G.62 Controversies — hearing — order — review.
-1161- When a disagreement arises between a railroad corporation,
its grantee, or its successor in interest, and the owner,
lessee, or licensee of a building or other improvement,
including trackage, used for receiving, storing, transporting,
or manufacturing an article of commerce transported or to
be transported, situated on a present or former railroad
right-of-way or on land owned or controlled by the railroad
corporation, its grantee, or its successor in interest, as
to the terms and conditions on which the article is to be
continued or removed, the railway corporation, its grantee, or
its successor in interest, or the owner, lessee, or licensee
may make written application to the department. The department
shall notify the department of inspections, and appeals, and
licensing which shall hear and determine the controversy and
make an order which is just and equitable between the parties.
That order is subject to review by the state department of
transportation. The decision of the state department of
transportation is final agency action.
Sec. 2007. Section 327G.65, Code 2023, is amended to read
as follows:
327G.65 Cost of construction.
The railroad corporation may require the person primarily to
be served to pay the legitimate cost and expense of acquiring,
by condemnation or purchase, the necessary right-of-way for the
spur track and of constructing it, as determined in separate
items by the department. Except as provided in section
327G.66, the total cost as ascertained by the department
shall be deposited with the railroad corporation before it is
required to incur expense. If an agreement cannot be reached,
the question shall be referred to the department which may,
after a hearing conducted by the department of inspections, and
appeals, and licensing, issue an order.
Sec. 2008. Section 327G.78, subsection 1, Code 2023, is
amended to read as follows:
1. Subject to section 6A.16 and 327G.77, when a railroad
-1162-corporation, its trustee, or its successor in interest has
interests in real property adjacent to a railroad right-of-way
that are abandoned by order of the surface transportation
board, reorganization court, bankruptcy court, or the
department, or when a railroad corporation, its trustee, or
its successor in interest seeks to sell its interests in
that property under any other circumstance, the railroad
corporation, its trustee, or its successor in interest shall
extend a written offer to sell at a fair market value price to
the persons holding leases, licenses, or permits upon those
properties, allowing sixty days from the time of receipt for a
written response. If a disagreement arises between the parties
concerning the price or other terms of the sale transaction,
either or both parties may make written application to the
department to resolve the disagreement. The application shall
be made within sixty days from the time an initial written
response is served upon the railroad corporation, trustee,
or successor in interest by the person wishing to purchase
the property. The department shall notify the department of
inspections, and appeals, and licensing which shall hear the
controversy and make a final determination of the fair market
value of the property and the other terms of the transaction
which were in dispute, within ninety days after the application
is filed. The determination is subject to review by the
department and the department’s decision is the final agency
action. All correspondence shall be by certified mail.
Sec. 2009. Section 327G.79, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The department of inspections and appeals’, appeals, and
licensing’s determination and order shall be just and equitable
and, in the case of the determination of the fair market value
of the property, shall be based in part upon at least three
independent appraisals prepared by certified appraisers. Each
party shall select one appraiser and each appraisal shall be
paid for by the party for whom the appraisal is prepared.
-1163-The two appraisers shall select a third appraiser and the
costs of this appraisal shall be divided equally between the
parties. If the appraisers selected by the parties cannot
agree on selection of a third appraiser, the state department
of transportation shall appoint a third appraiser and the costs
of this appraisal shall be divided equally between the parties.
2. The department of inspections and appeals’, appeals, and
licensing’s determination and order is final for the purpose
of administrative review to the district court as provided in
chapter 17A. The district court’s scope of review shall be
confined to whether there is substantial evidence to support
the department of inspections and appeals’, appeals, and
licensing’s determination and order.
Sec. 2010. Section 331.324, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Cooperate with the workers’ compensation commissioner and
comply with requirements imposed upon counties under chapters
86 chapter 10A, subchapter III, and chapter 87.
Sec. 2011. Section 331.394, subsection 5, paragraph c, Code
2023, is amended to read as follows:
c. The county or region that received the notification,
as applicable, shall respond to the party that provided
the notification within forty-five days of receiving the
notification. If the parties cannot agree to a settlement as
to the person’s residency status within ninety days of the
date of notification, on motion of any of the parties, the
matter shall be referred to the department of inspections,
and appeals, and licensing for a contested case hearing under
chapter 17A before an administrative law judge assigned in
accordance with section 10A.801 to determine the person’s
residency status.
Sec. 2012. Section 331.394, subsection 5, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The administrative law judge’s determination of the
person’s residency status shall be considered final agency
-1164-action, notwithstanding contrary provisions of section 17A.15.
The party that does not prevail in the determination or
subsequent judicial review is liable for costs associated with
the proceeding, including reimbursement of the department of
inspections and appeals’, appeals, and licensing’s actual costs
associated with the administrative proceeding. Judicial review
of the determination may be sought in accordance with section
17A.19.
Sec. 2013. Section 331.394, subsection 6, paragraph c, Code
2023, is amended to read as follows:
c. The department, county, or region that received the
notification, as applicable, shall respond to the party
that provided the notification within forty-five days of
receiving the notification. If the parties cannot agree to a
settlement as to the dispute within ninety days of the date of
notification, on motion of any of the parties, the matter shall
be referred to the department of inspections, and appeals, and
licensing for a contested case hearing under chapter 17A before
an administrative law judge assigned in accordance with section
10A.801 to determine facts and issue a decision to resolve the
dispute.
Sec. 2014. Section 331.394, subsection 6, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The administrative law judge’s decision is a final
agency action, notwithstanding contrary provisions of section
17A.15. The party that does not prevail in the decision or
subsequent judicial review is liable for costs associated with
the proceeding, including reimbursement of the department of
inspections and appeals’, appeals, and licensing’s actual
costs associated with the administrative proceeding. Judicial
review of the decision may be sought in accordance with section
17A.19.
Sec. 2015. Section 331.653, subsection 10, Code 2023, is
amended to read as follows:
10. Cooperate with the division of labor services of the
-1165- department of workforce development inspections, appeals, and
licensing in the enforcement of child labor laws as provided
in section 92.22.
Sec. 2016. Section 331.756, subsections 16 and 55, Code
2023, are amended to read as follows:
16. Institute legal proceedings against persons who
violate laws administered by the division of labor services
of the department of workforce development under chapter 10A,
subchapter II, as provided in section 91.11 10A.210.
55. Make a written report to the department of inspections,
and appeals, and licensing within fifteen days of the end of
each calendar quarter of the amount of funds which were owed to
the state for indigent defense services and which were recouped
pursuant to subsection 5.
Sec. 2017. Section 423.3, subsection 18, paragraph a, Code
2023, is amended to read as follows:
a. Residential care facilities and intermediate care
facilities for persons with an intellectual disability and
residential care facilities for persons with mental illness
licensed by the department of inspections, and appeals, and
licensing under chapter 135C.
Sec. 2018. Section 425.28, subsection 4, Code 2023, is
amended to read as follows:
4. In addition to the sharing of information under
subsection 3, the department of human services may release
information pertaining to a person’s eligibility or claim
for or receipt of rent reimbursement to an employee of the
department of inspections, and appeals, and licensing in the
employee’s official conduct of an audit or investigation.
Sec. 2019. Section 453A.2, subsection 6, Code 2023, is
amended to read as follows:
6. If a county or a city has not assessed a penalty pursuant
to section 453A.22, subsection 2, for a violation of subsection
1, within sixty days of the adjudication of the violation,
the matter shall be transferred to and be the exclusive
-1166-responsibility of the alcoholic beverages division of the
department of commerce. Following transfer of the matter, if
the violation is contested, the alcoholic beverages division
of the department of commerce shall request an administrative
hearing before an administrative law judge, assigned by the
division of administrative hearings of the department of
inspections, and appeals, and licensing in accordance with
the provisions of section 10A.801, to adjudicate the matter
pursuant to chapter 17A.
Sec. 2020. Section 455B.135, Code 2023, is amended to read
as follows:
455B.135 Limit on authority.
Nothing contained in this subchapter II or chapter 459,
subchapter II, shall be deemed to grant to the department or
the director any authority or jurisdiction with respect to
air pollution existing solely within residences; or solely
within commercial and industrial plants, works, or shops under
the jurisdiction of chapters chapter 10A, subchapter II, and
chapter 88 and 91; or to affect the relations between employers
and employees with respect to, or arising out of, any condition
of air pollution.
Sec. 2021. Section 455B.145, subsection 2, paragraphs b and
c, Code 2023, are amended to read as follows:
b. The director shall promptly investigate the application
and approve or disapprove the application. The director may
conduct a public hearing before action is taken to approve or
disapprove. If the director disapproves issuing a certificate,
the political subdivision may appeal the action to the
department of inspections, and appeals, and licensing. At the
hearing on appeal, the department of inspections, and appeals,
and licensing shall decide whether the local program is
substantially consistent with the provisions of this subchapter
II, or rules adopted under this subchapter II, and whether the
local program is being enforced. The burden of proof shall be
upon the political subdivision.
-1167- c. If the director determines at any time that a local air
pollution program is being conducted in a manner inconsistent
with the substantive provisions of this subchapter II or the
rules adopted under this subchapter II, the director shall
notify the political subdivision, citing the deviations
from the acceptable standards and the corrective measures
to be completed within a reasonable amount of time. If the
corrective measures are not implemented as prescribed, the
director shall suspend in whole or in part the certificate of
acceptance of such political subdivision and shall administer
the regulatory provisions of this subchapter II in whole or in
part within the political subdivision until the appropriate
standards are met. Upon receipt of evidence that necessary
corrective action has been taken, the director shall reinstate
the suspended certificate of acceptance, and the political
subdivision shall resume the administration of the local air
pollution control program within its jurisdiction. In cases
where the certificate of acceptance is suspended, the political
subdivision may appeal the suspension to the department of
inspections, and appeals, and licensing.
Sec. 2022. Section 455B.271, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Subject to appeal to the department of inspections, and
appeals, and licensing, a permit may be modified or canceled by
the director if any of the following occur:
Sec. 2023. Section 455B.390, subsection 1, Code 2023, is
amended to read as follows:
1. Hazardous conditions existing solely within and which
will probably continue to exist solely within commercial and
industrial plants, works, or shops under the jurisdiction of
chapters chapter 10A, subchapter II, and chapter 88 and 91.
Sec. 2024. Section 515B.5, subsection 2, paragraph h, Code
2023, is amended to read as follows:
h. Request that all future payments of workers’ compensation
weekly benefits, medical expenses, or other payments under
-1168- chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
be commuted to a present lump sum and upon the payment of
which, either to the claimant or to a licensed insurer for
purchase of an annuity or other periodic payment plan for the
benefit of the claimant, the employer and the association shall
be discharged from all further liability for the workers’
compensation claim. Notwithstanding the provisions of
section 85.45, any future payment of medical expenses, weekly
compensation benefits, or other payment by the association
under this chapter pursuant to chapter 10A, subchapter III,
chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
hardship, or inconvenience upon the employer for purposes of
a full commutation pursuant to section 85.45, subsection 1,
paragraph “b”, and the workers’ compensation commissioner shall
fix the lump sum of the probable future medical expenses and
weekly compensation benefits capitalized at their present value
upon the basis of interest at the rate provided in section
535.3 for court judgments and decrees.
Sec. 2025. Section 524.208, Code 2023, is amended to read
as follows:
524.208 Examiners and other employees.
The superintendent may appoint examiners and other
employees, including for the banking division’s internal
information technology group, as the superintendent deems
necessary to the proper discharge of the duties imposed upon
the superintendent by the laws of this state. Pay plans shall
be established for employees, other than clerical employees or
employees of the professional licensing and regulation bureau
of the banking division, who examine the accounts and affairs
of state banks and who examine the accounts and affairs of
other persons, subject to supervision and regulation by the
superintendent, which are substantially equivalent to those
paid by the federal deposit insurance corporation and other
federal supervisory agencies in this area of the United States.
Sec. 2026. Section 524.211, subsection 5, Code 2023, is
-1169-amended to read as follows:
5. An employee of the banking division, other than the
superintendent or a member of the state banking council or one
of the boards in the professional licensing and regulation
bureau of the division, shall not perform any services for, and
shall not be a shareholder, member, partner, owner, director,
officer, or employee of, any enterprise, person, or affiliate
subject to the regulatory purview of the banking division.
Sec. 2027. Section 542B.22, Code 2023, is amended to read
as follows:
542B.22 Procedure.
Proceedings for any action under section 542B.21 shall be
begun by filing with the board written charges against the
accused. Upon the filing of charges the board may request
the department of inspections, and appeals, and licensing to
conduct an investigation into the charges. The department
of inspections, and appeals, and licensing shall report its
findings to the board, and the board shall designate a time
and place for a hearing, and shall notify the accused of this
action and furnish the accused a copy of all charges at least
thirty days prior to the date of the hearing. The accused has
the right to appear personally or by counsel, to cross-examine
witnesses, and to produce witnesses in defense.
Sec. 2028. Section 543C.4, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The commission may request the department of
inspections, and appeals, and licensing to conduct an
investigation and inspection to be made of any subdivided land
proposed to be offered for sale or lease in this state pursuant
to this chapter. The department of inspections, and appeals,
and licensing shall make a report of its findings.
2. If an inspection is to be made of subdivided land
situated outside of this state and offered for sale in this
state, the inspection as authorized by subsection 1 shall
be made by the department of inspections, and appeals,
-1170-and licensing at the expense of the subdivider. After the
application required by section 543C.2 is filed and after
the filing fee required by section 543C.8 is received, the
commission may decide whether an inspection pursuant to this
subsection is to be made. If the commission requires an
inspection, the department of inspections, and appeals, and
licensing shall so notify the subdivider and the subdivider
shall remit to the department an amount equivalent to the
round trip cost of travel from this state to the location
of the project, as estimated by the department and a further
amount estimated to be necessary to cover the additional
expenses of inspection but not to exceed fifty dollars a day
for each day incurred in the inspection. The costs of any
subsequent inspections deemed necessary shall be paid for by
the subdivider. At the completion of an inspection trip the
department shall furnish the subdivider a statement as to the
costs of the inspection trip, and if the costs are less than
the amount advanced by the subdivider to the department, the
remaining balance shall be refunded to the subdivider.
Sec. 2029. Section 544B.16, Code 2023, is amended to read
as follows:
544B.16 Complaints — procedure.
A person may file a complaint with the board against a
professional landscape architect or the board may initiate
a complaint. Unless the complaint is dismissed by the
board as unfounded or trivial, the board may request the
department of inspections, and appeals, and licensing to
conduct an investigation into the complaint. The department
of inspections, and appeals, and licensing shall report its
findings to the board, and the board shall hold a hearing
within sixty days after the date on which the complaint is
filed. The board shall fix the time and place for such hearing
and shall cause a copy of the complaint, together with a notice
of the time and place fixed for the hearing, to be served on
the accused at least thirty days before the date fixed for the
-1171-hearing. Where personal service cannot be effected, service
may be effected by publication. At such hearing, the accused
shall have the right to appear personally or by counsel, to
cross-examine witnesses against the accused, and to produce
evidence and witnesses in defense. After the hearing, the
board may suspend or revoke the certificate of licensure. The
board may restore the certificate of licensure to any person
whose certificate of licensure has been revoked. Application
for the restoration of a certificate of licensure shall be made
in such manner, form, and content as the board may prescribe.
Sec. 2030. Section 546.2, subsection 6, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Each division is responsible for policymaking and
enforcement duties assigned to the division under the law.
Except as provided in section 546.10, subsection 3:
Sec. 2031. Section 546.3, subsection 1, Code 2023, is
amended to read as follows:
1. The banking division shall regulate and supervise banks
under chapter 524, debt management licensees under chapter
533A, money services under chapter 533C, delayed deposit
services under chapter 533D, mortgage bankers and brokers
under chapter 535B, regulated loan companies under chapter
536, and industrial loan companies under chapter 536A, real
estate appraisers under chapter 543D, and appraisal management
companies under chapter 543E, and shall perform other duties
assigned to the division by law. The division is headed by the
superintendent of banking who is appointed pursuant to section
524.201. The state banking council shall render advice within
the division when requested by the superintendent.
Sec. 2032. Section 600.2, subsection 2, Code 2023, is
amended to read as follows:
2. “Investigator” means a natural person who is certified or
approved by the department of human services, after inspection
by the department of inspections, and appeals, and licensing,
as being capable of conducting an investigation under section
-1172-600.8.
Sec. 2033. Section 600A.2, subsection 5, Code 2023, is
amended to read as follows:
5. “Certified adoption investigator” means a person who is
certified and approved by the department of human services,
after inspection by the department of inspections, and appeals,
and licensing, as being capable of conducting an investigation
under section 600.8.
Sec. 2034. Section 626.29, Code 2023, is amended to read as
follows:
626.29 Distress warrant by director of revenue, director of
inspections, and appeals, and licensing, or director of workforce
development.
In the service of a distress warrant issued by the director
of revenue for the collection of taxes administered by or debts
to be collected by the department of revenue, in the service of
a distress warrant issued by the director of inspections, and
appeals, and licensing for the collection of overpayment debts
owed to the department of human services, or in the service of
a distress warrant issued by the director of the department of
workforce development for the collection of employment security
contributions, the property of the taxpayer or the employer in
the possession of another, or debts due the taxpayer or the
employer, may be reached by garnishment.
Sec. 2035. Section 626.30, Code 2023, is amended to read as
follows:
626.30 Expiration or return of distress warrant.
Proceedings by garnishment under a distress warrant issued
by the director of revenue or the director of inspections, and
appeals, and licensing shall not be affected by the expiration
or return of the warrant.
Sec. 2036. Section 626.31, Code 2023, is amended to read as
follows:
626.31 Return of garnishment — action docketed — distress
action.
-1173- Where parties have been garnished under a distress
warrant issued by the director of revenue or the director of
inspections, and appeals, and licensing, the officer shall make
return thereof to the court in the county where the garnishee
lives, if the garnishee lives in Iowa, otherwise in the county
where the taxpayer resides, if the taxpayer lives in Iowa;
and if neither the garnishee nor the taxpayer lives in Iowa,
then to the district court in Polk county, Iowa; the officer
shall make return in the same manner as a return is made on
a garnishment made under a writ of execution so far as they
relate to garnishments, and the clerk of the district court
shall docket an action thereon without fee the same as if a
judgment had been recovered against the taxpayer in the county
where the return is made, an execution issued thereon, and
garnishment made thereunder, and thereafter the proceedings
shall conform to proceedings in garnishment under attachments
as nearly as may be. The warrant shall be considered in all
respects as a final judgment.
Sec. 2037. Section 626.76, Code 2023, is amended to read as
follows:
626.76 Labor commissioner Department of inspections, appeals,
and licensing director to represent.
The labor commissioner, appointed pursuant to section
91.2 director of the department of inspections, appeals,
and licensing, may, at the labor commissioner’s director’s
discretion, represent laborers or employees seeking payment for
labor or wage claims from the receiver, trustee, or assignee,
or the court, or the person charged with the property, in
accordance with and subject to the provisions of sections
626.69 and 626.71.
Sec. 2038. Section 724.21A, subsections 1 and 6, Code 2023,
are amended to read as follows:
1. In any case where the sheriff or the commissioner of
public safety denies an application for or suspends or revokes
a permit to carry weapons or a permit to acquire pistols
-1174-or revolvers, the sheriff or commissioner shall provide a
written statement of the reasons for the denial, suspension, or
revocation and the applicant or permit holder shall have the
right to appeal the denial, suspension, or revocation to an
administrative law judge in the department of inspections, and
appeals, and licensing within thirty days of receiving written
notice of the denial, suspension, or revocation.
6. The department of inspections, and appeals, and
licensing shall adopt rules pursuant to chapter 17A as
necessary to carry out the provisions of this section.
Sec. 2039. Section 729.6, subsection 9, paragraph a, Code
2023, is amended to read as follows:
a. Investigating a workers’ compensation claim under chapter
10A, subchapter III, and chapters 85, 85A, and 85B, and 86.
Sec. 2040. Section 815.11, subsection 1, Code 2023, is
amended to read as follows:
1. Costs incurred for legal representation by a
court-appointed attorney under chapter 229A, 665, 822, or 908,
or section 232.141, subsection 3, paragraph “d”, or section
598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
815.10 on behalf of an indigent shall be paid from moneys
appropriated by the general assembly to the office of the state
public defender in the department of inspections, and appeals,
and licensing and deposited in an account to be known as the
indigent defense fund, except as provided in subsection 2.
Costs incurred representing an indigent defendant in a contempt
action, representing an indigent juvenile in a juvenile court
proceeding, or representing a person pursuant to section 13B.13
are also payable from the fund. However, costs incurred in any
administrative proceeding or in any other proceeding under this
chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
other provisions of the Code or administrative rules are not
payable from the fund.
Sec. 2041. Section 915.83, subsection 4, Code 2023, is
amended to read as follows:
-1175- 4. Request from the department of human services, the
department of workforce development and its, the division
of workers’ compensation of the department of inspections,
appeals, and licensing, the department of public safety, the
county sheriff departments, the municipal police departments,
the county attorneys, or other public authorities or agencies
reasonable assistance or data necessary to administer the crime
victim compensation program.
Sec. 2042. 2020 Iowa Acts, chapter 1064, section 16,
subsection 4, is amended to read as follows:
4. Priority. In the case of multiple claims to payments
filed under this section, priority shall be given to claims
filed by the child support recovery unit or the foster care
recovery unit, next priority shall be given to claims filed
by the clerk of the district court, next priority shall be
given to claims filed by the investigations division of the
department of inspections, and appeals, and licensing relating
to investigations by the department, next priority shall be
given to claims that will be deposited into the state general
fund, and last priority shall be given to claims filed by other
public agencies. In the case of multiple claims in which the
priority is not otherwise provided by this subsection, priority
shall be determined in accordance with rules to be established
by the department.
Sec. 2043. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 92.1 to section 92.1A.
b. Section 92.1B to section 92.1.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2044. CONTINGENT EFFECTIVE DATE. The following takes
effect on the effective date of the rules adopted by the
department of revenue pursuant to chapter 17A implementing 2020
-1176-Iowa Acts, chapter 1064, other than transitional rules:
The section of this division of this Act amending 2020 Iowa
Acts, chapter 1064.
DIVISION IV
DEPARTMENT OF JUSTICE
Sec. 2045. Section 6B.18, subsection 3, Code 2023, is
amended to read as follows:
3. In case of condemnation proceedings instituted by the
state department of transportation, when the owner appeals from
the assessment made, such notice of appeal shall be served upon
the attorney general, or the department general counsel to
the state department of transportation, or the chief highway
engineer for the department.
Sec. 2046. Section 8A.412, subsection 11, Code 2023, is
amended to read as follows:
11. Professional employees under the supervision of the
attorney general, the state public defender, the secretary
of state, the auditor of state, the treasurer of state, and
the public employment relations board. However, employees of
the consumer advocate division of the department of justice,
other than the consumer advocate, and administrative law judges
appointed or employed by the public employment relations board
are subject to the merit system.
Sec. 2047. Section 13.2, subsection 1, paragraphs b and o,
Code 2023, are amended to read as follows:
b. Prosecute and defend in any other court or tribunal,
all actions and proceedings, civil or criminal, in which the
state may be a party or interested, when, in the attorney
general’s judgment, the interest of the state requires such
action, or when requested to do so by the governor, executive
council, or general assembly. The attorney general may
prosecute a criminal proceeding on behalf of the state even if
a county attorney does not request the attorney general to act
as a county attorney in a proceeding under section 331.754,
subsection 7.
-1177- o. Submit a report by January 15 of each year to the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system, to the executive council,
and to the legislative services agency detailing the amount of
annual money receipts generated by each settlement or judgment
in excess of two hundred fifty thousand dollars collected
pursuant to legal proceedings under chapters 455B, 553, and 714
all money settlement awards and court money awards that were
awarded to the state of Iowa. The report shall include the
name of the civil or criminal case involved, the specify the
parties to each settlement or court proceeding, any court of
jurisdiction, the settlement amount, the state’s share of the
settlement amount, the name of the fund in which the receipts
were deposited, and the planned use of the moneys.
Sec. 2048. Section 13.4, Code 2023, is amended to read as
follows:
13.4 Assistant and deputy attorneys general.
The attorney general may appoint a first assistant chief
deputy attorney general and such other deputy and assistant
attorneys general as may be authorized by law, who shall devote
their entire time to the duties of their positions. The deputy
and assistant attorneys general shall, subject to the direction
of the attorney general, have the same power and authority as
the attorney general.
Sec. 2049. Section 13.6, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
13.6 Agency reimbursement for legal services.
The attorney general may charge departments, agencies, and
other state governmental entities for the cost of performing
legal services for the department, agency, or governmental
entity. Upon request of the attorney general, a department
or agency shall provide and equip a suitable office for an
assistant attorney general or other staff providing legal
services exclusively for that department or agency.
Sec. 2050. Section 13.7, subsection 1, Code 2023, is amended
-1178-to read as follows:
1. Compensation shall not be allowed to any person for
services as an attorney or counselor to an executive department
of the state government, or the head of an executive department
of state government, or to a state board or commission A
department, agency, or other state governmental entity shall
not contract for legal services to be provided by a private
attorney unless authorized by the executive council under
this section or section 13.3. However, the The executive
council may authorize employment of legal assistance, at a
reasonable compensation, in a pending action or proceeding to
protect the interests of the state, but only upon a sufficient
showing, in writing, made by the attorney general, that the
department of justice cannot for reasons stated by the attorney
general perform the service. The reasons and action of the
executive council shall be entered upon its records. If the
attorney general determines that the department of justice
cannot perform legal service in an action or proceeding,
the executive council shall request the department involved
in the action or proceeding to recommend legal counsel to
represent the department. If the attorney general concurs with
the department that the person recommended is qualified and
suitable to represent the department, the person recommended
shall be employed. If the attorney general does not concur
in the recommendation, the department shall submit a new
recommendation. This subsection does not affect the general
counsel for the utilities board of the department of commerce,
the legal counsel of the department of workforce development,
or the general counsel for the property assessment appeal
board.
Sec. 2051. Section 13.9, Code 2023, is amended to read as
follows:
13.9 Salary.
The salary of the attorney general shall be as fixed by
the general assembly, and the salaries of the first assistant
-1179- chief deputy attorney general and other deputy and assistant
attorneys general shall be such as may be fixed by law.
Sec. 2052. Section 13.11, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
13.11 Exclusive criminal jurisdiction over election crimes.
Notwithstanding any provision of law to the contrary, the
attorney general shall have exclusive jurisdiction to prosecute
all criminal proceedings under chapter 39A.
Sec. 2053. Section 20.4, subsection 9, Code 2023, is amended
to read as follows:
9. Persons employed by the state department of justice,
except nonsupervisory employees of the consumer advocate
division who are employed primarily for the purpose of
performing technical analysis of nonlegal issues.
Sec. 2054. Section 25.1, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The state appeal board shall make a record of the receipt
of claims received from the director of the department of
management, notify the special assistant attorney general for
claims, and deliver a copy to the state official or agency
against whom the claim is made, if any.
Sec. 2055. Section 25.1, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The official or agency shall report its recommendations
concerning the claim to the special assistant attorney general
for claims who, with a view to determining the merits and
legality of the claim, shall investigate the claim and report
the findings and conclusions of the investigation to the state
appeal board.
Sec. 2056. Section 25.2, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The state appeal board with the recommendation of the
special assistant attorney general for claims may approve
or reject claims against the state of less than five years
involving the following:
-1180- Sec. 2057. Section 25.3, Code 2023, is amended to read as
follows:
25.3 Filing with general assembly — testimony.
On the second day after the convening of each regular
session of the general assembly, the state appeal board shall
file with the clerk of the house of representatives and the
secretary of the senate a list of all claims rejected by the
state appeal board together with a copy of the report made
to it by the special assistant attorney general for claims
and its recommendation thereon for each claim, which report
and recommendation shall be delivered to the claims committee
of the house and senate. Any testimony taken by the special
assistant attorney general for claims shall be preserved by the
state appeal board and made available to the claims committee
of the general assembly.
Sec. 2058. Section 25.4, Code 2023, is amended to read as
follows:
25.4 Assistant attorney Attorney general — salary.
The attorney general shall appoint a special assistant
attorney general for claims who shall, under the direction of
the attorney general, investigate and report on all claims
between the state and other parties, which may be referred to
the state appeal board, and on any other claims or matters
which the state appeal board or the attorney general may
direct.
Sec. 2059. Section 25.5, Code 2023, is amended to read as
follows:
25.5 Testimony — filing with board.
The special assistant attorney general for claims shall
fully investigate each claim and the facts upon which same
is based and may take testimony in the form of affidavits or
otherwise, and in connection therewith shall ex officio be
empowered to administer oaths, to compel the attendance of
witnesses and certify to any district court for contempt. All
testimony, affidavits, and other papers in connection with
-1181-a claim, obtained by the special assistant attorney general
for claims in making an investigation shall be filed with the
report to the state appeal board.
Sec. 2060. Section 25.6, Code 2023, is amended to read as
follows:
25.6 Claims by state against municipalities.
The state appeal board may investigate and collect claims
which the state has against municipal or political corporations
in the state including counties, cities, townships, and school
corporations. The board shall refer any such claim to the
special assistant attorney general for claims, when the claim
has not been promptly paid, and if the special assistant
attorney general for claims is not able to collect the full
amount of the claim, the special assistant attorney general
shall fully investigate and report to the state appeal board
findings of fact and conclusions of law, together with any
recommendation as to the claim. Thereafter the state appeal
board may effect a compromise settlement with the debtor in an
amount and under terms as the board deems just and equitable
in view of the findings and conclusions reported to it. If
the state appeal board is unable to collect a claim in full
or effect what it has determined to be a fair compromise, it
shall deliver the claim to the attorney general for action
as the attorney general shall determine and the special
assistant attorney general for claims is specifically charged
with carrying out the directions of the attorney general with
reference to the claim. When a claim is compromised by the
state appeal board, the board shall file with the department
of management and the department of administrative services a
statement as to the settlement, together with a true copy of
the agreement of settlement, and if in settlement an amount
less than the face amount is accepted in full, the proper
entries shall be made in the books of the department of
management, the department of administrative services, and the
auditor of state showing the amount of the claim, the amount of
-1182-the settlement, and the amount charged off.
Sec. 2061. Section 39A.6, subsection 4, Code 2023, is
amended to read as follows:
4. Upon issuing a technical infraction, the state
commissioner shall immediately inform the attorney general and
relevant county attorney if the apparent violation constitutes
or may constitute election misconduct under this chapter.
Sec. 2062. Section 39A.7, Code 2023, is amended to read as
follows:
39A.7 Election misconduct — investigation.
1. The attorney general or county attorney shall
investigate allegations of election misconduct reported to the
attorney general or county attorney. Election misconduct by an
election official shall also be investigated for prosecution
under chapter 721.
2. Upon the completion of an investigation required by this
section, the attorney general or county attorney shall submit
the results of the investigation to the state commissioner and
explain whether the attorney general or county attorney will
pursue charges.
Sec. 2063. Section 48A.41, subsection 2, Code 2023, is
amended to read as follows:
2. If in the course of an audit under this section the state
registrar of voters finds that a commissioner of registration
has failed to perform required voter list maintenance,
the state registrar of voters shall submit the audit to
the relevant county attorney and attorney general within
twenty-four hours for investigation of a violation of section
39A.3, subsection 1, paragraph “b”, subparagraph (9), or other
provision of law.
Sec. 2064. Section 80.1, Code 2023, is amended to read as
follows:
80.1 Department created.
There is hereby created a department of the state government
which shall be known and designated as the department of public
-1183-safety, which shall consist of a commissioner of public safety
and of such officers and employees as may be required, one of
whom shall be an attorney admitted to practice law in this
state. Such attorney shall be an assistant attorney general
appointed by the attorney general who shall fix the assistant’s
salary. The department shall reimburse the attorney general
for the salary and expense of such assistant attorney general
and furnish the assistant a suitable office if requested by the
attorney general.
Sec. 2065. Section 307.23, Code 2023, is amended to read as
follows:
307.23 General Legal counsel.
1. The general counsel shall be a special assistant attorney
general appointed by the attorney general who shall act as the
attorney for the department. The general counsel shall have
the following duties and responsibilities It shall be the duty
of the attorney general to do all of the following:
a. Act as legal advisor to the department, commission, and
the director.
b. Provide all legal services for the department.
2. The attorney general shall appoint additional assistant
attorneys general as the director deems necessary to carry
out the these duties assigned to the office of the general
counsel. The salary of the general counsel shall be fixed by
the director, subject to the approval of the attorney general.
The director shall provide and furnish a suitable office for
the general counsel upon request of the attorney general.
Sec. 2066. Section 327C.30, Code 2023, is amended to read
as follows:
327C.30 Duty of department, general counsel attorney general,
and county attorney.
When any proceeding has been instituted under sections
327C.28 and 327C.29, the department attorney general counsel
shall prosecute the same, and the county attorney of the
county in which such proceeding is pending shall render such
-1184-assistance as the department attorney general counsel may
require.
Sec. 2067. Section 331.756, subsection 49, Code 2023, is
amended to read as follows:
49. Assist, upon request, the department of
transportation’s attorney general counsel in the prosecution of
violations of common carrier laws and regulations as provided
in section 327C.30.
Sec. 2068. Section 475A.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Appointment. The attorney general shall appoint a
competent attorney to the office of consumer advocate, who
shall serve at the pleasure of the attorney general, subject to
confirmation by the senate, no less frequently than once every
four years, in accordance with section 2.32. The consumer
advocate is the chief administrator of the consumer advocate
division of the department of justice. The advocate’s term of
office is for four years. The term begins and ends in the same
manner as set forth in section 69.19.
2. Vacancy. If a vacancy occurs in the office of consumer
advocate, the vacancy shall be filled for the unexpired term in
the same manner as an original appointment under the procedures
of section 2.32.
Sec. 2069. Section 475A.1, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2070. Section 475A.2, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. Act as attorney for and represent Represent the interests
of all consumers generally and the public generally in all
proceedings before the utilities board.
5. Act as attorney for and represent Represent the
interests of all consumers generally and the public generally
in proceedings before federal and state agencies and related
judicial review proceedings and appeals, at the discretion of
the consumer advocate.
-1185- Sec. 2071. Section 475A.3, subsection 2, Code 2023, is
amended to read as follows:
2. Employees. The consumer advocate attorney general
may employ attorneys, legal assistants, secretaries, clerks,
and other employees the consumer advocate finds necessary
for the full and efficient discharge of the duties and
responsibilities of the office consumer advocate division. The
consumer advocate may employ consultants as expert witnesses
or technical advisors pursuant to contract as the consumer
advocate finds necessary for the full and efficient discharge
of the duties of the office. Employees of the consumer
advocate division, other than the consumer advocate, are
subject to merit employment, except as provided in section
8A.412.
Sec. 2072. REPEAL. Section 13.5, Code 2023, is repealed.
Sec. 2073. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION V
ECONOMIC DEVELOPMENT AUTHORITY
cultural affairs
Sec. 2074. Section 7E.5, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. The economic development authority, created in section
15.105, which has responsibility for ensuring that the
economic development policies of the state are effectively and
efficiently carried out, and for managing the state’s interest
in the areas of the arts, history, and other cultural matters.
Sec. 2075. Section 7E.5, subsection 1, paragraph l, Code
2023, is amended by striking the paragraph.
Sec. 2076. Section 8A.412, subsection 14, Code 2023, is
amended by striking the subsection.
Sec. 2077. Section 15.108, subsection 5, paragraph c, Code
2023, is amended to read as follows:
c. Coordinate and develop with the department of
transportation, the department of natural resources, the
-1186-department of cultural affairs, the enhance Iowa board,
other state agencies, and local and regional entities public
interpretation, marketing, and education programs that
encourage Iowans and out-of-state visitors to participate in
the recreational and leisure opportunities available in Iowa.
The authority shall establish and administer a program that
helps connect both Iowa residents and residents of other states
to new and existing Iowa experiences as a means to enhance the
economic, social, and cultural well-being of the state. The
program shall include a broad range of new opportunities, both
rural and urban, including main street destinations, green
space initiatives, and artistic and cultural attractions.
Sec. 2078. Section 15.108, subsection 5, paragraph l, Code
2023, is amended by striking the paragraph.
Sec. 2079. Section 15.108, subsection 9, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
9. Cultural affairs. To develop the state’s interest in
the areas of the arts, history, and other cultural matters. To
carry out this responsibility, the authority shall:
a. Accept, receive, and administer grants or other funds or
gifts from public or private agencies, including the federal
government, for the authority.
b. Administer the Iowa cultural trust, as advised and
assisted by the Iowa arts council, as provided in chapter 303A,
and do all of the following:
(1) Develop and adopt by rule criteria for the issuance
of trust fund credits by measuring the efforts of qualified
organizations to increase their endowment or other resources
for the promotion of the arts, history, or the sciences and
humanities in Iowa. For purposes of this paragraph, “qualified
organization” means a tax-exempt, nonprofit organization
whose primary mission is to promote the arts, history, or the
sciences and humanities in Iowa. If the authority determines
that a qualified organization has increased the amount of the
-1187-qualified organization’s endowment and other resources, the
authority shall certify the amount of increase in the form of
trust fund credits to the treasurer, who shall deposit in the
Iowa cultural trust fund, from moneys received for purposes
of the trust fund as provided in section 303A.4, subsection
2, an amount equal to the trust fund credits. If the amount
of the trust fund credits issued by the authority exceeds the
amount of moneys available to be deposited in the trust fund as
provided in section 303A.4, subsection 2, the outstanding trust
fund credits shall not expire but shall be available to draw
down additional moneys which become available to be deposited
in the trust fund as provided in section 303A.4, subsection 2.
(2) Develop and implement, in accordance with subchapter
II, part 30, a grant application process for grants issued to
qualified organizations.
(3) Develop and adopt by rule criteria for the approval of
Iowa cultural trust grants. The criteria shall include but
shall not be limited to the future stability and sustainability
of a qualified organization.
(4) Compile, in consultation with the Iowa arts council,
a list of grant applications recommended for funding in
accordance with the amount available for distribution as
provided in section 303A.6, subsection 3. The list of
recommended grant applications shall be submitted to the Iowa
cultural trust board of trustees for approval.
(5) Monitor the allocation and use of grant moneys by all
qualified organizations to determine whether moneys are used
in accordance with the provisions of this paragraph “b” and
subchapter II, part 30.The authority shall annually submit
a report with the authority’s findings and recommendations to
the Iowa cultural trust board of trustees prior to final board
action in approving grants for the next succeeding fiscal year.
c. Design a comprehensive, statewide, long-range plan with
the assistance of the Iowa arts council to develop the arts
in Iowa. The authority is designated as the state agency for
-1188-carrying out the plan.
d. By rule, establish advisory groups as necessary for the
receipt of federal funds or grants or the administration of any
of the authority’s programs.
e. Develop and implement fee-based educational programming
opportunities, including preschool programs, related to arts,
history, and other cultural matters for Iowans of all ages.
f. Conduct surveys of existing art and cultural programs
and activities within the state, including but not limited to
music, theater, dance, painting, sculpture, architecture, and
allied arts and crafts. The authority shall submit a report
on the survey to the governor and to the general assembly no
later than ten calendar days after the commencement of each
first session of the general assembly recommending appropriate
legislation or other action as the authority deem appropriate.
g. Establish and administer a film office. The purpose
of the film office is to assist legitimate film, television,
and video producers in the production of film, television, and
video projects in the state, and to increase the fiscal impact
on the state’s economy of film, television, and video projects
produced in the state.
Sec. 2080. Section 15.108, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 12. Miscellaneous. To provide other
necessary services, the authority shall do all of the
following:
a. Collect and assemble, or cause to have collected and
assembled, all pertinent information available regarding the
industrial, agricultural, and public and private recreation
and tourism opportunities and possibilities of the state
of Iowa, including raw materials and products that may be
produced from the raw materials; power and water resources;
transportation facilities; available markets; the banking and
financing facilities; the availability of industrial sites; the
advantages of the state as a whole, and particular sections
-1189-of the state, as industrial locations; the development of a
grain alcohol motor fuel industry and its related products;
and other fields of research and study as the board deems
necessary. This information shall consider the encouragement
of new industrial enterprises in the state and the expansion
of industries now existing within the state, and allied fields
to those industries. The information shall also consider the
changing composition of the Iowa family, the level of poverty
among different age groups, and different family structures in
Iowa society and their impact on Iowa families.
b. Apply for, receive, contract for, and expend federal
funds and grants, and funds and grants from other sources.
c. Except as otherwise provided in sections 8A.110, 260C.14,
and 262.9, provide that an inventor whose research is funded
in whole or in part by the state shall assign to the state a
proportionate part of the inventor’s rights to a letter patent
resulting from that research. The state’s portion of the
royalties or earnings derived from a letter patent shall be
paid to the treasurer of state and credited by the treasurer to
the general fund of the state. The authority, in conjunction
with other state agencies including the board of regents,
shall provide incentives to inventors whose research is funded
in whole or in part by the state to encourage the inventors
to have the invented products produced in the state. The
incentives may include the state receiving a smaller portion of
the inventor’s royalties or earnings than would otherwise occur
under this paragraph or other provisions of law.
d. Administer or oversee federal rural economic development
programs in the state.
e. At the director’s discretion, accept payment by
credit card of any fees, interest, penalties, subscriptions,
registrations, purchases, or other payments, or any portion of
such payments, which are due or collected by the authority.
The authority may adjust the amount of the payment to reflect
the costs of processing the payment as determined by the
-1190-treasurer of state. Payment by credit card shall include, in
addition to all other charges, any discount charged by the
credit card issuer.
f. Provide technical assistance to individuals who
are pursuing the purchase and operation of employee-owned
businesses.
g. Administer the Iowa energy center established in section
15.120. This paragraph “g” is repealed July 1, 2027.
h. Administer the partner state program created in section
15.421.
Sec. 2081. Section 15.274, Code 2023, is amended to read as
follows:
15.274 Promotional program for national historic landmarks
and cultural and entertainment districts.
The economic development authority, in cooperation with
the state department of transportation and the department of
cultural affairs, shall establish and administer a program
designed to promote knowledge of and access to buildings,
sites, districts, structures, and objects located in this state
that have been designated by the secretary of the interior
of the United States as a national historic landmark, unless
the national historic landmark is protected under section
22.7, subsection 20, and certified cultural and entertainment
districts, as established pursuant to section 303.3B. The
program shall be designed to maximize the visibility and
visitation of national historic landmarks in this state and
buildings, sites, structures, and objects located in certified
cultural and entertainment districts, as established pursuant
to section 303.3B. Methods used to maximize the visibility and
visitation of such locations may include the use of tourism
literature, signage on highways, maps of the state and cities,
and internet sites. For purposes of this section, “highway”
means the same as defined in section 325A.1.
Sec. 2082. Section 99F.11, subsection 4, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
-1191- (1) Five hundred twenty thousand dollars is appropriated
each fiscal year to the department of cultural affairs economic
development authority with one-half of the moneys allocated for
operational support grants and the remaining one-half allocated
for the community cultural grants program established under
section 303.3.
Sec. 2083. Section 103A.45, subsection 4, Code 2023, is
amended to read as follows:
4. Consult with state agencies, including the state
fire marshal department of inspections, appeals, and
licensing and the department of cultural affairs economic
development authority, governmental subdivisions, architects,
engineers, and others who have knowledge of or interest in the
rehabilitation, preservation, restoration, and relocation of
historic buildings, with respect to matters relating to the
state historic building code.
Sec. 2084. Section 303.3, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The department authority shall establish a grant program
for cities and nonprofit, tax-exempt community organizations
for the development of community programs that provide local
jobs for Iowa residents and also promote Iowa’s historic,
ethnic, and cultural heritages through the development
of festivals, music, drama, cultural programs, or tourist
attractions. A city or nonprofit, tax-exempt community
organization may submit an application to the department
authority for review. The department authority shall establish
criteria for the review and approval of grant applications.
The amount of a grant shall not exceed fifty percent of
the cost of the community program. Each application shall
include information demonstrating that the city or nonprofit,
tax-exempt community organization will provide matching funds
of fifty percent of the cost of the program. The matching
funds requirement may be met by substituting in-kind services,
based on the value of the services, for actual dollars.
-1192- 2. The department authority shall establish a grant program
which provides general operating budget support to major,
multidisciplined multidisciplinary cultural organizations
which that demonstrate cultural and managerial excellence
on a continuing basis to the citizens of Iowa. Applicant
organizations must be incorporated under chapter 504, be exempt
from federal taxation, and not be attached or affiliated with
an educational institution. Eligible organizations shall
be operated on a year-round basis and employ at least one
full-time, paid professional staff member. The department
authority shall establish criteria for review and approval
of grant applications. Criteria established shall include,
but are not limited to, a matching funds requirement. The
matching funds requirement shall permit an applicant to meet
the matching requirement by demonstrating that the applicant’s
budget contains funds, other than state and federal funds, in
excess of the grant award.
Sec. 2085. Section 303.3A, subsection 1, paragraph c, Code
2023, is amended by striking the paragraph.
Sec. 2086. Section 303.3A, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The department authority shall administer regional
conferences and a statewide caucus on arts and cultural
enhancement. The purpose of the conferences and caucus is to
encourage the development of the arts and culture in the state
by in all of the following ways:
a. Byidentifying opportunities for programs involving
education, outreach, and enhancement; by.
b. Byreviewing possible changes in enhancement program
policies, programs, and funding; and by.
c. Bymaking recommendations to the department authority
regarding funding allocations and priorities for arts and
cultural enhancement.
3. a. Every four years beginning in June 2001 2025, the
department authority shall convene a statewide caucus on arts
-1193-and cultural enhancement.
a. b. Prior to the statewide caucus, the department
authority shall make arrangements to hold a conference in each
of several regions of the state as determined by the Iowa arts
council. The department authority shall promote attendance
of interested persons at each conference. A designee of
the department shall serve as temporary chairperson until
persons attending the conference elect a chairperson. The
department authority shall provide persons attending the
conference with current information regarding cultural programs
and expenditures. Persons attending the conference shall
identify opportunities for programs in the areas of education,
outreach, and enhancement, and make recommendations in the
form of a resolution. The persons attending the conference
shall elect six persons from among the attendees to serve
as regional, voting delegates to the statewide caucus. The
conference attendees shall elect a chairperson from among the
six representatives. Other interested persons are encouraged
to attend the statewide caucus as nonvoting attendees.
b. c. The department authority shall charge a reasonable
fee for attendance at the statewide caucus on arts and cultural
enhancement.
c. d. A designee of the department authority shall call the
statewide caucus to order and serve as temporary chairperson
until persons attending the caucus elect a chairperson.
Persons attending the caucus shall discuss the recommendations
of the regional conferences and decide upon recommendations to
be made to the department authority and the general assembly.
Elected chairpersons of the regional conferences shall meet
with representatives of the department authority and present
the recommendations of the caucus.
Sec. 2087. Section 303.3B, Code 2023, is amended to read as
follows:
303.3B Cultural and entertainment districts.
1. The department of cultural affairs authority shall
-1194-establish and administer a cultural and entertainment district
certification program. The program shall encourage the growth
of communities through the development of areas within a city
or county for public and private uses related to cultural and
entertainment purposes.
2. A city or county may create and designate a cultural
and entertainment district subject to certification
by the department of cultural affairs, in consultation
with the economic development authority. A cultural and
entertainment district is encouraged to include a unique form
of transportation within the district and for transportation
between the district and recreational trails. A cultural and
entertainment district certification shall remain in effect for
ten years following the date of certification. Two or more
cities or counties may apply jointly for certification of a
district that extends across a common boundary. Through the
adoption of administrative rules, the department of cultural
affairs authority shall develop a certification application
for use in the certification process. The provisions of this
subsection relating to the adoption of administrative rules
shall be construed narrowly.
3. The department of cultural affairs authority shall
encourage development projects and activities located in
certified cultural and entertainment districts through
incentives under cultural grant programs pursuant to section
303.3, chapter 303A part 30, and any other applicable grant
programs.
Sec. 2088. Section 303.3C, subsection 1, paragraphs a, d,
and f, Code 2023, are amended to read as follows:
a. The department of cultural affairs authority shall
establish and administer an Iowa great places program for
purposes of combining resources of state government in an
effort to showcase the unique and authentic qualities of
communities, regions, neighborhoods, and districts that
make such places exceptional places to work and live. The
-1195-department of cultural affairs authority shall provide
administrative assistance to the Iowa great places board. The
department of cultural affairs authority shall coordinate
the efforts of the Iowa great places board with the efforts
of state agencies participating in the program which shall
include, but not be limited to, the economic development
authority, the Iowa finance authority, the department of
human rights, the department of natural resources, the state
department of transportation, and the department of workforce
development.
d. The department of cultural affairs authority shall work
in cooperation with the vision Iowa and community attraction
and tourism programs enhance Iowa board for purposes of
maximizing and leveraging moneys appropriated to identified
Iowa great places.
f. The department of cultural affairs authority shall
account for any funds appropriated from the endowment for
Iowa’s health restricted capitals fund for an identified Iowa
great place.
Sec. 2089. Section 303.3C, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The Iowa great places board is established consisting of
twelve members. The board shall be located for administrative
purposes within the department of cultural affairs authority
and the director shall provide office space, staff assistance,
and necessary supplies and equipment for the board. The
director shall budget moneys to pay the compensation and
expenses of the board. In performing its functions, the board
is performing a public function on behalf of the state and is a
public instrumentality of the state.
Sec. 2090. Section 303.3D, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An Iowa great places program fund is created under the
authority of the department of cultural affairs. The fund
shall consist of appropriations made to the fund and transfers
-1196-of interest, earnings, and moneys from other funds as provided
by law. Notwithstanding section 12C.7, subsection 2, interest
or earnings on investments or time deposits of the moneys in
the Iowa great places program fund shall be credited to the
Iowa great places program fund.
3. In awarding moneys the department of cultural affairs
authority shall give consideration to the particular needs of
each identified Iowa great place.
Sec. 2091. Section 303.3E, Code 2023, is amended to read as
follows:
303.3E Culture, history, and arts teams program.
1. The department of cultural affairs authority shall
establish and administer a statewide program facilitating the
promotion of culture, history, and arts in Iowa. The program’s
purpose shall be to encourage cooperation and collaboration
among the various state and local organizations working in
these areas to improve Iowa’s quality of life.
2. The department authority shall implement the program
by working with the local organizations to establish local
committees. Each committee shall:
a. Include representatives from local organizations
dedicated to promoting culture, history, and arts.
b. Gather and disseminate information on the cultural,
historical, and arts opportunities in the regions.
c. Enhance communication among the local organizations.
d. Assist the staff members of local organizations in
obtaining technical and professional training.
3. The department authority shall assist local
organizations in the delivery of technical services,
professional training, and programming opportunities by working
with these committees.
Sec. 2092. Section 303.20, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this subchapter of this chapter part, unless the
context otherwise requires:
-1197- Sec. 2093. Section 303.20, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Commission” is the five-person body, elected by the
registered voters in the historical preservation district from
persons living in the district for the purpose of administering
this subchapter of this chapter part.
3. “District” means a historical preservation district
established under this subchapter of this chapter part.
Sec. 2094. Section 303.20, subsection 4, Code 2023, is
amended by striking the subsection.
Sec. 2095. Section 303.21, Code 2023, is amended to read as
follows:
303.21 Petition.
1. The eligible voters in an area of asserted historical
significance may petition the department authority for a
referendum for the establishment of a district.
2. The petition must be signed by not less than ten percent
of the eligible voters of in the area of asserted historical
significance and shall contain both a description of the
property suggested for inclusion in the district and the
reasons justifying the creation of the district.
Sec. 2096. Section 303.22, Code 2023, is amended to read as
follows:
303.22 Action by department the authority.
1. The department authority shall hold a hearing not less
than thirty days or and not more than sixty days after the
petition is received. The department authority shall publish
notice of the hearing, at a reasonable time before the hearing
is to take place, and shall post notice of the hearing in a
reasonable number of places within the suggested district. The
cost of notification shall be paid by the persons who petition
for the establishment of a district.
2. At the hearing the department authority shall hear
interested persons, accept written presentations, and shall
determine whether the suggested district is an area of
-1198-historical significance which may properly be established as a
historical preservation district pursuant to the provisions of
this subchapter of this chapter part. The department authority
may determine the boundaries which shall be established for the
district. The department authority shall not include property
which is not included in the suggested district unless the
owner of the property is given an opportunity to be heard.
3. The department, if it If the authority determines that
the suggested district meets the criteria for establishment
as a historical preservation district, the authority shall
indicate the owners of the property and residents included and
shall forward a list of owners and residents to the county
commissioner of elections.
4. If the department authority determines that the
suggested district does not meet the criteria for establishment
as a historical preservation district, it the authority shall
so notify the petitioners.
Sec. 2097. Section 303.23, Code 2023, is amended to read as
follows:
303.23 Referendum.
Within thirty days after the receipt of the list of owners
of property and residents within the suggested historical
preservation district, the department authority shall fix a
date not more than forty-five days from the receipt of the
petition seeking a referendum on the question of establishment
of a historical preservation district. The department
authority, after consultation with the county commissioner of
elections, shall specify the polling place within the suggested
district that will best serve the convenience of the voters
and shall appoint from residents of the proposed district
three judges and two clerks of election from residents of the
proposed district.
Sec. 2098. Section 303.24, Code 2023, is amended to read as
follows:
303.24 Notice.
-1199- The department authority, after consultation with the county
commissioner of elections, shall post notice of the referendum
in a reasonable number of places within the suggested district
a reasonable time before it the referendum is to take place.
The notice shall state the purpose of the referendum, a
description of the district, the date of the referendum, the
location of the polling place, and the hours when the polls
will be open and close.
Sec. 2099. Section 303.26, subsection 3, Code 2023, is
amended to read as follows:
3. Of the initial commission, the person receiving the
highest number of votes shall receive serve a five-year term of
office, the next highest shall serve a four-year term, the next
highest shall serve a three-year term, the next highest shall
serve a two-year term, and the fifth highest shall serve a
one-year term. Thereafter, an election shall be held annually
in the district to elect a member to a five-year term as each
term expires.
Sec. 2100. Section 303.29, Code 2023, is amended to read as
follows:
303.29 Use of structures.
No A change in the use of any structure or property within
a designated historical district shall not be permitted until
after an application for a certificate of appropriateness
has been submitted to, and been approved by the commission.
For purposes of this section “use” means the legal enjoyment
of property that consists in its employment, exercise, or
practice.
Sec. 2101. Section 303.32, Code 2023, is amended to read as
follows:
303.32 Ordinary maintenance and repair.
Nothing in this subchapter of this chapter This part shall
not be construed to prevent the ordinary maintenance or repair
of any exterior feature in a district which does not involve a
change in design, material or outer appearance, nor to prevent
-1200-the construction, reconstruction, alteration, restoration
or demolition of any such feature which is required by for
public safety because of reasons due to an unsafe or dangerous
condition.
Sec. 2102. Section 303.34, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. An area of historical significance shall be proposed by
the governing body of the city on its the governing body’s own
motion or upon the receipt by the governing body of a petition
signed by residents of the city. The city shall submit a
description of the proposed area of historical significance or
the petition describing the proposed area, if the proposed area
is a result of the receipt of a petition, to the historical
division which state historic preservation officer who shall
determine if the proposed area meets the criteria in subsection
2 and may make recommendations concerning the proposed area.
Any recommendations made by the division state historic
preservation officer shall be made available by the city to
the public for viewing during normal working hours at a city
government place of public access.
4. An area shall be designated an area of historical
significance upon enactment of an ordinance of by the city.
Before Prior to enactment of the ordinance or enactment of
an amendment to the ordinance is enacted, the governing body
of the city shall submit the ordinance or amendment to the
historical division state historic preservation officer for its
review and recommendations.
Sec. 2103. Section 303.87, Code 2023, is amended to read as
follows:
303.87 Duties of Iowa arts council.
The Iowa arts council shall:
1. Advise the director with respect to policies, programs,
and procedures for carrying out the administrator’s functions,
duties, or responsibilities.
2. Review review programs to be supported and make
-1201-recommendations on the programs to the director.
Sec. 2104. Section 303.88, Code 2023, is amended to read as
follows:
303.88 Administrator’s Authority’s powers and authority.
The arts division administrator may authority shall:
1. Make and sign any agreements and perform any acts which
are necessary, desirable, or proper to carry out the purpose of
the division.
2. Request and obtain assistance and data from any
department, division, board, bureau, commission, or agency of
the state.
3. Accept any federal funds granted, by Act of Congress or
by executive order, for all or any purposes of this subchapter
part, and receive and disburse as the official agent of the
state any funds made available by the national endowment for
the arts.
4. 2. Accept gifts, contributions, endowments, bequests,
or other moneys available for all or any of the purposes
of the division this part. Interest earned on the gifts,
contributions, endowments, bequests, or other moneys accepted
under this subsection part shall be credited to the fund or
funds to which the gifts, contributions, endowments, bequests,
or other moneys have been deposited, and is available for all
or any of the purposes of the division authority under this
part.
Sec. 2105. Section 303A.1, Code 2023, is amended to read as
follows:
303A.1 Short title.
This chapter part shall be known and may be cited as the
“Iowa Cultural Trust Act”.
Sec. 2106. Section 303A.3, unnumbered paragraph 1, Code
2023, is amended to read as follows:
For purposes of this chapter part, unless the context
otherwise requires:
Sec. 2107. Section 303A.3, subsections 2 and 3, Code 2023,
-1202-are amended by striking the subsections.
Sec. 2108. Section 303A.4, subsections 1, 2, and 4, Code
2023, are amended to read as follows:
1. The Iowa cultural trust is created as a public body
corporate organized for the purposes, with the powers, and
subject to the restrictions, set forth in this chapter part.
2. An Iowa cultural trust fund is created in the office
of the treasurer of state for the purpose of receiving moneys
appropriated by the general assembly and any other moneys
available to the trust fund due to the issuance of trust fund
credits by the director as provided in section 303.1A 15.108,
subsection 1 9, paragraph “f” “b”, subparagraph (1).
4. a. The treasurer of state shall act as custodian of
the fund, shall invest moneys in the trust fund, and shall
transfer the interest attributable to the investment of trust
fund moneys to the grant account created in section 303A.7.
The trust fund’s principal shall not be used or accessed by the
department or the board for any purpose.
b. Notwithstanding paragraph “a”, for each of the following
fiscal years, the treasurer of state shall transfer the
following amounts from the principal of the trust fund to the
grant account created in section 303A.7:
(1) For the fiscal year beginning July 1, 2013, and ending
June 30, 2014, fifty thousand dollars.
(2) For the fiscal year beginning July 1, 2014, and ending
June 30, 2015, fifty thousand dollars.
Sec. 2109. Section 303A.5, subsections 1 and 6, Code 2023,
are amended to read as follows:
1. A board of trustees of the Iowa cultural trust is
created. The general responsibility for the proper operation
of the trust is vested in the board of trustees, which shall
consist of thirteen members as follows:
a. Nine public members, five of whom shall be appointed
by the governor, subject to confirmation by the senate. The
majority leader of the senate, the minority leader of the
-1203-senate, the speaker of the house, and the minority leader of
the house of representatives shall each appoint one public
member. A public member of the board appointed in accordance
with this section shall not also serve concurrently as a member
of the state historical society board of trustees or the Iowa
state arts council.
b. Four ex officio, nonvoting members, consisting of the
treasurer of state or the treasurer’s designee, the director of
the department of cultural affairs authority or the director’s
designee, the chairperson of the state historical society
board of trustees elected pursuant to section 303.6, and the
chairperson of the Iowa arts council designated pursuant to
section 303.86.
6. The board shall be located for administrative purposes
within the department authority. The department authority,
subject to approval by the board, shall adopt administrative
rules pursuant to chapter 17A necessary to administer the
income derived from the Iowa cultural trust fund and to perform
specific powers and duties as provided in section 303A.6. The
director shall budget funds to pay the expenses of the board
and administer this chapter part.
Sec. 2110. Section 303A.6, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Enter into agreements with any qualified organization,
the state, or any federal or other state agency, or other
entity as required to administer this chapter part.
2. Approve or disapprove the grants recommended for
approval by the director, in consultation with the Iowa arts
council and the state historical society of Iowa, in accordance
with section 303.1A 15.108, subsection 1 9, paragraph “f”,
subparagraph (3) “b”. The board may delete remove any
recommendation from the list, but shall not add to or otherwise
amend the list of recommended grants.
Sec. 2111. Section 306D.2, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
-1204- The state department of transportation shall prepare a
statewide, long-range plan for the protection, enhancement,
and identification of highways and secondary roads which pass
through unusually scenic areas of the state as identified
in section 306D.1. The department of natural resources,
department of the economic development authority, and
department of cultural affairs, private organizations, county
conservation boards, city park and recreation departments,
and the federal agencies having jurisdiction over land in the
state shall be encouraged to assist in preparing the plan. The
plan shall be coordinated with the state’s open space plan
if a state open space plan has been approved by the general
assembly. The plan shall include, but is not limited to, the
following elements:
Sec. 2112. Section 321.252, subsection 3, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The tourist signing committee shall be made up of the
directors or their the directors’ designees of the departments
of agriculture and land stewardship, natural resources,
cultural affairs, and transportation, the director or the
director’s designee of the economic development authority, the
chairperson or the chairperson’s designee of the Iowa travel
council, and a member of the outdoor advertising association
of Iowa. The director or the director’s designee of the
economic development authority shall be the chairperson of the
committee.
Sec. 2113. Section 404A.1, subsection 3, Code 2023, is
amended by striking the subsection.
Sec. 2114. Section 404A.1, subsection 8, paragraph b, Code
2023, is amended to read as follows:
b. The property meets the physical criteria and standards
for rehabilitation established by the department authority by
rule. To the extent applicable, the physical standards and
criteria shall be consistent with the United States secretary
of the interior’s standards for rehabilitation.
-1205- Sec. 2115. Section 404A.3, subsection 1, paragraphs c and e,
Code 2023, are amended to read as follows:
c. The application shall include any information deemed
necessary by the authority, in consultation with the
department, to evaluate the eligibility under the program
of the applicant and the rehabilitation project, the amount
of projected qualified rehabilitation expenditures of a
rehabilitation project, and the amount and source of all
funding for a rehabilitation project. An applicant shall
have the burden of proof to demonstrate to the authority that
the applicant is an eligible taxpayer and the project is a
qualified rehabilitation project under the program.
e. (1) The authority may charge application and other fees
to eligible taxpayers who apply to participate in the program.
The amount of such fees shall be determined based on the costs
of to the authority and the department associated with of
administering the program.
(2) Fees collected by the authority pursuant to this
paragraph shall be deposited with the authority notwithstanding
section 303.9, subsection 1.
(3) A portion of the fees collected shall be directed by the
authority to the department.
Sec. 2116. Section 404A.3, subsection 3, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The rehabilitation work to be performed. An eligible
taxpayer shall perform the rehabilitation work consistent with
the United States secretary of the interior’s standards for
rehabilitation, as determined by the department authority.
Sec. 2117. Section 404A.3, subsection 4, paragraph c,
subparagraph (3), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) “Prohibited activity” means a breach or default under
the agreement with the department authority, the violation
of any warranty provided by the eligible taxpayer to the
department authority or the department of revenue, the claiming
-1206-of a tax credit issued under this chapter for expenditures that
are not qualified rehabilitation expenditures, the violation of
any requirements of this chapter or rules adopted pursuant to
this chapter, misrepresentation, fraud, or any other unlawful
act or omission.
Sec. 2118. Section 404A.4, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The amount of a tax credit that was available for
approval by the state historical preservation office of the
department of cultural affairs under section 404A.4, Code 2014,
in a fiscal year beginning on or after July 1, 2010, but before
July 1, 2014, that was required to be allocated to new projects
with final qualified rehabilitation costs of five hundred
thousand dollars or less, or seven hundred fifty thousand
dollars or less, as the case may be, and that was not finally
approved by the state historical preservation office, may be
awarded under section 404A.3 during the fiscal years beginning
on or after July 1, 2014, but before July 1, 2016.
Sec. 2119. Section 404A.6, Code 2023, is amended to read as
follows:
404A.6 Rules.
The authority, department, and the department of revenue
shall each adopt rules as necessary for the administration of
this chapter.
Sec. 2120. Section 427.16, subsection 15, Code 2023, is
amended to read as follows:
15. The department of cultural affairs economic development
authority shall adopt rules pursuant to chapter 17A to
administer this section.
Sec. 2121. Section 465A.2, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Prepare a statewide, long-range plan for the acquisition
and protection of significant open space lands throughout
the state as identified in section 465A.1. The department
-1207-of transportation, department of the economic development
authority, and department of cultural affairs, private
organizations, county conservation boards, city park and
recreation departments, and the federal agencies with lands in
the state shall be directly involved in preparing the plan.
The plan shall include, but is not limited to, the following
elements:
Sec. 2122. Section 465B.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The state department of transportation may enter
into contracts for the preparation of the trails plan. The
department shall involve the department of natural resources,
and the Iowa department of economic development, and the
department of cultural affairs authority in the preparation of
the plan. The recommendations and comments of organizations
representing different types of trail users and others with
interests in this program shall also be incorporated in the
preparation of the trails plan and shall be submitted with the
plan to the general assembly. The plan shall be submitted to
the general assembly no later than January 15, 1988. Existing
trail projects involving acquisition or development may receive
funding prior to the completion of the trails plan.
Sec. 2123. Section 465B.3, Code 2023, is amended to read as
follows:
465B.3 Involvement of other agencies.
The department of natural resources, and the economic
development authority, and the department of cultural
affairs shall assist the state department of transportation
in developing the statewide plan for recreation trails, in
acquiring property, and in the development, promotion, and
management of recreation trails.
Sec. 2124. REPEAL. Sections 303.1, 303.1A, 303.2, and
303.95, Code 2023, are repealed.
Sec. 2125. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
-1208-transfers:
a. Section 303.3 to section 15.436.
b. Section 303.3A to section 15.437.
c. Section 303.3B to section 15.438.
d. Section 303.3C to section 15.439.
e. Section 303.3D to section 15.440.
f. Section 303.3E to section 15.441.
g. Section 303.20 to section 15.445.
h. Section 303.21 to section 15.446.
i. Section 303.22 to section 15.447.
j. Section 303.23 to section 15.448.
k. Section 303.24 to section 15.449.
l. Section 303.25 to section 15.450.
m. Section 303.26 to section 15.451.
n. Section 303.27 to section 15.452.
o. Section 303.28 to section 15.453.
p. Section 303.29 to section 15.454.
q. Section 303.30 to section 15.455.
r. Section 303.31 to section 15.456.
s. Section 303.32 to section 15.457.
t. Section 303.33 to section 15.458.
u. Section 303.34 to section 15.459.
v. Section 303.86 to section 15.465.
w. Section 303.87 to section 15.466.
x. Section 303.88 to section 15.467.
y. Section 303.89 to section 15.470.
z. Section 303A.1 to section 15.476.
aa. Section 303A.2 to section 15.477.
ab. Section 303A.3 to section 15.478.
ac. Section 303A.4 to section 15.479.
ad. Section 303A.5 to section 15.480.
ae. Section 303A.6 to section 15.481.
af. Section 303A.7 to section 15.482.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
-1209-enactment of this section.
3. The Code editor shall designate the following new parts
in subchapter II of chapter 15:
a. Sections 15.436 through 15.441 as part 26.
b. Sections 15.445 through 15.459 as part 27.
c. Sections 15.465 through 15.467 as part 28.
d. Section 15.470 as part 29.
e. Sections 15.476 through 15.482 as part 30.
STATE HISTORIC PRESERVATION OFFICER
Sec. 2126. NEW SECTION. 15.121 State historic preservation
officer.
1. The director shall appoint and the governor shall certify
the state historic preservation officer pursuant to federal
requirements. The recommendations and decisions of the state
historic preservation officer shall be subject to the review
and approval of the director of the economic development
authority.
2. The state historic preservation officer shall conduct
historic preservation activities pursuant to federal and
state requirements, including but not limited to all of the
following:
a. Identifying and documenting historic properties.
b. Preparing and maintaining a state register of historic
places, including those listed on the national register of
historic places.
c. Conducting historic preservation activities pursuant to
federal and state requirements.
d. Publishing matters of historical value to the public,
and pursuing historical, architectural, and archaeological
research and development which may include but are not
limited to continuing surveys, excavation, scientific
recording, interpretation, and publication of the historical,
architectural, archaeological, and cultural sites, buildings,
and structures in the state.
3. Pursuant to section 103A.42, the state historic
-1210-preservation officer, in response to an adequately documented
request, shall issue an opinion stating whether a property is
either included in or appears to meet criteria for inclusion in
the national register of historic places.
4. Pursuant to section 303.16, subsection 6, paragraph “h”,
the state historic preservation officer must approve a city or
county government as a certified local government prior to a
grant or loan fund award to the city or county government for a
project in the historic preservation category.
5. Pursuant to section 303.18, the state historic
preservation officer shall require that a rural electric
cooperative or a municipal utility that is constructing an
electric distribution and transmission facility for which it is
receiving federal funding conduct an archeological site survey.
6. Pursuant to section 427.16, subsections 4 and 12, the
state historic preservation officer shall be responsible
for approving applications for certified substantial
rehabilitation.
Sec. 2127. Section 457A.1, Code 2023, is amended to read as
follows:
457A.1 Acquisition by other than condemnation.
The department of natural resources, soil and water
conservation districts as provided in chapter 161A, the
historical division of the department of cultural affairs
state historic preservation officer, the state archaeologist
appointed by the state board of regents pursuant to section
263B.1, any county conservation board, and any city or agency
of a city may acquire by purchase, gift, contract, or other
voluntary means, but not by eminent domain, conservation
easements in land to preserve scenic beauty, wildlife
habitat, riparian lands, wetlands, or forests; promote outdoor
recreation, agriculture, soil or water conservation, or open
space; or otherwise conserve for the benefit of the public the
natural beauty, natural and cultural resources, and public
recreation facilities of the state.
-1211- Sec. 2128. Section 470.5, Code 2023, is amended to read as
follows:
470.5 Exceptions.
This chapter does not apply to buildings used on January 1,
1980, by the division of adult corrections of the department
of human services as maximum security detention facilities or
to the renovation of property nominated to, or entered in the
national register of historic places, designated by statute, or
included in an established list of historic places compiled by
the historical division of the department of cultural affairs
state historic preservation officer.
Sec. 2129. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 303.18 to section 15.122.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
IOWA FINANCE AUTHORITY
Sec. 2130. Section 7C.4A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. However, at any time during the calendar year the
executive director of the Iowa finance authority may determine
that a lesser amount need be allocated to the Iowa finance
authority and on that date this lesser amount shall be the
amount allocated to the authority and the excess shall be
allocated under subsection 7.
Sec. 2131. Section 15.106C, subsection 1, Code 2023, is
amended to read as follows:
1. a. The operations of the authority shall be administered
by a director who shall be appointed by the governor, subject
to confirmation by the senate, and who shall serve for a
four-year term beginning and ending as provided in section
69.19 at the pleasure of the governor. An appointment by the
governor to fill a vacancy in the office of the director shall
-1212-be for the balance of the unexpired four-year term.
b. The director of the economic development authority
under paragraph “a” shall also serve as the director of, and
administer the operations of, the Iowa finance authority
pursuant to section 16.6.
Sec. 2132. Section 16.1, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 6A. “Director” means the director of the
economic development authority who also serves as the director
of, and administers the operations of, the Iowa finance
authority pursuant to section 15.106C, subsection 1, paragraph
“b”.
Sec. 2133. Section 16.1, subsection 9, Code 2023, is amended
by striking the subsection.
Sec. 2134. Section 16.1A, subsection 5, Code 2023, is
amended to read as follows:
5. The board may, by resolution, delegate to the
agricultural development board, title guaranty division
board, executive director, or other authority employee such
of its powers, under such terms and conditions, as it deems
appropriate.
Sec. 2135. Section 16.2, subsections 6 and 8, Code 2023, are
amended to read as follows:
6. Members of the authority and the executive director shall
give bond as required for public officers in chapter 64.
8. Members shall elect a chairperson and vice chairperson
annually, and other officers as they the members determine,
but and the executive director shall serve as secretary to the
authority.
Sec. 2136. Section 16.2A, subsections 1, 5, and 7, Code
2023, are amended to read as follows:
1. A title guaranty division is created within the
authority. The division may also be referred to as Iowa title
guaranty. The powers of the division relating to the issuance
of title guaranties are vested in and shall be exercised by a
-1213-title guaranty division board of five members appointed by the
governor subject to confirmation by the senate. The membership
of the title guaranty division board shall include an attorney,
an abstractor, a real estate broker, a representative of a
lending institution that engages in mortgage lending, and
a representative of the housing development industry. The
executive director of the authority shall appoint an attorney
as director of the title guaranty division, who shall serve
as an ex officio member of the title guaranty division board.
The appointment of and compensation for the division director
are exempt from the merit system provisions of chapter 8A,
subchapter IV.
5. Members of the title guaranty division board and the
director of the title guaranty division shall give bond as
required for public officers in chapter 64.
7. Members shall elect a chair and vice chair annually and
other officers as they the members determine. The executive
director or the executive director’s designee shall serve as
secretary to the title guaranty division board.
Sec. 2137. Section 16.2B, subsection 2, Code 2023, is
amended to read as follows:
2. The agricultural development division shall be
administered in accordance with the policies of the
agricultural development board created in section 16.2C.
The executive director of the authority may organize the
agricultural development division and employ necessary
qualified personnel to administer subchapter VIII.
Sec. 2138. Section 16.2C, subsection 3, Code 2023, is
amended to read as follows:
3. The agricultural development board consists of five
members appointed by the governor subject to confirmation by
the senate. The executive director of the authority or the
executive director’s designee shall serve as an ex officio,
nonvoting member.
Sec. 2139. Section 16.2C, subsection 5, paragraph c, Code
-1214-2023, is amended to read as follows:
c. The appointed members shall elect a chairperson and vice
chairperson annually, and other officers as they the members
determine. The executive director of the authority or the
executive director’s designee shall serve as secretary to the
board.
Sec. 2140. Section 16.2D, subsection 2, paragraph b,
subparagraph (8), Code 2023, is amended to read as follows:
(8) The executive director of the Iowa finance authority or
the executive director’s designee.
Sec. 2141. Section 16.5, subsection 4, Code 2023, is amended
to read as follows:
4. Notwithstanding any other provision of law, the
authority may elect whether to utilize any or all of the goods
or services available from other state agencies in the conduct
of its affairs. Departments, boards, commissions, or other
agencies of the state shall provide reasonable assistance and
services to the authority upon the request of the executive
director.
Sec. 2142. Section 16.6, Code 2023, is amended to read as
follows:
16.6 Executive director Director — responsibilities.
1. The governor, subject to confirmation by the senate,
shall appoint an executive director of the authority, who
shall serve at the pleasure of the governor. The executive
director shall be selected primarily for administrative
ability and knowledge in the field, without regard to political
affiliation. The director of the economic development
authority shall also serve as the director of, and administer
the operations of, the authority pursuant to section 15.106C,
subsection 1, paragraph “b”. The executive director shall not,
directly or indirectly, exert influence to induce any other
officers or employees of the state to adopt a political view,
or to favor a political candidate for office.
2. The executive director shall advise the authority on
-1215-matters relating to housing and housing finance, carry out
all directives from the authority, and hire and supervise the
authority’s staff pursuant to its the authority’s directions.
All employees of the authority are exempt from the merit system
provisions of chapter 8A, subchapter IV.
3. The executive director, as secretary of the authority,
shall keep a record of the proceedings of the authority and
shall be custodian of all books, documents, and papers filed
with the authority and of its minute book and seal. The
executive director shall have authority to cause to be made
copies of all minutes and other records and documents of the
authority and to give certificates under the seal of the
authority to the effect that such copies are true copies and
all persons dealing with the authority may rely upon such
certificates.
4. The executive director may establish administrative
divisions within the authority in order to most efficiently
and effectively carry out the authority’s responsibilities,
provided that any creation or modification of authority
divisions be established only after consultation with the board
of the authority.
Sec. 2143. Section 16.13, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. If a member or employee of the authority other than the
executive director of the authority has an interest, either
direct or indirect, in a contract to which the authority is,
or is to be, a party, or in a mortgage lender requesting a loan
from, or offering to sell mortgage loans to, the authority,
the interest shall be disclosed to the authority in writing
and shall be set forth in the minutes of the authority. The
member or employee having the interest shall not participate
in any action of the authority with respect to that contract
or mortgage lender.
Sec. 2144. Section 16.13, subsections 3 and 4, Code 2023,
are amended to read as follows:
-1216- 3. Nothing in this section shall be deemed to limit the
right of a member, officer, or employee of the authority to
acquire an interest in bonds or notes of the authority or to
limit the right of a member, officer, or employee other than
the executive director to have an interest in a financial
institution, including a lending institution, in which the
funds of the authority are, or are to be, deposited or which
is, or is to be, acting as trustee or paying agent under a trust
indenture to which the authority is a party.
4. The executive director shall not have an interest in
a financial institution, including a lending institution, in
which the funds of the authority are, or are to be, deposited
or which is, or is to be, acting as trustee or paying agent
under a trust indenture to which the authority is a party. The
executive director shall not receive, in addition to fixed
salary or compensation, any money or valuable thing, either
directly or indirectly, or through any substantial interest
in any other corporation or business unit, for negotiating,
procuring, recommending, or aiding in any purchase or sale
of property, or loan, made by the authority, nor shall the
executive director be pecuniarily interested, either as
principal, coprincipal, agent, or beneficiary, either directly
or indirectly, or through any substantial interest in any other
corporation or business unit, in any such purchase, sale, or
loan.
Sec. 2145. Section 16.57A, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding section 8.39, and any other law to
the contrary, with the prior written consent and approval of
the governor, the executive director of the authority may
transfer any unobligated and unencumbered moneys in any fund
created pursuant to section 16.5, subsection 1, paragraph “s”,
for deposit in the disaster recovery housing assistance fund
created in section 16.57B. The prior written consent and
approval of the director of the department of management shall
-1217-not be required to transfer the unobligated and unencumbered
moneys.
Sec. 2146. Section 16.134, subsection 9, paragraph b,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The executive director of the authority or the executive
director’s designee.
Sec. 2147. Section 16.134, subsection 10, paragraph a, Code
2023, is amended to read as follows:
a. A water quality financing review committee is created
consisting of the secretary of agriculture or the secretary’s
designee, the executive director of the authority or the
executive director’s designee, and the director of the
department of natural resources or the director’s designee.
Sec. 2148. Section 257C.7, Code 2023, is amended to read as
follows:
257C.7 Staff.
The executive director and staff of the Iowa finance
authority, pursuant to chapter 16, shall also serve as
executive director and staff of the advance funding authority,
respectively. The executive director shall not, directly or
indirectly, exert influence to induce any other officers or
employees of the state to adopt a political view, or to favor a
political candidate for office.
Sec. 2149. Section 257C.12, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If a member or employee other than the executive
director of the authority has an interest, either direct or
indirect, in a contract to which the authority is or is to be
a party, the interest shall be disclosed to the authority in
writing and shall be set forth in the minutes of a meeting
of the authority. The member having the interest shall
not participate in action by the board with respect to that
contract.
3. The executive director shall not have an interest in
a bank or other financial institution in which the funds of
-1218-the authority are deposited or which is acting as trustee or
paying agent under a trust indenture to which the authority is
a party. The executive director shall not receive, in addition
to fixed salary or compensation, any money or valuable thing,
either directly or indirectly, or through any substantial
interest in any other corporation or business unit, for
negotiating, procuring, recommending, or aiding in any loan
made by the authority, nor shall the executive director be
pecuniarily interested, either as principal, co-principal,
agent, or beneficiary, either directly or indirectly or through
any substantial interest in any other corporation or business
unit, in any loan.
Sec. 2150. Section 418.5, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. The executive director of the Iowa finance authority or
the executive director’s designee.
Sec. 2151. Section 466B.3, subsection 4, paragraph j, Code
2023, is amended to read as follows:
j. The executive director of the Iowa finance authority or
the executive director’s designee.
DIVISION VI
ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
Sec. 2152. NEW SECTION. 15.421 Partner state program.
1. a. A partner state program is created which shall be
administered by the authority. The purpose of the partner
state program is to establish and maintain relationships
between the state and foreign countries, provinces, states,
regions, oblasts, municipalities, districts, divisions,
counties, prefectures, towns, cities, villages, boroughs,
and any other similar political subdivisions to facilitate
mutually beneficial exchanges, collaboration, and cooperation
with regard to agriculture, culture, education, manufacturing,
science and technology, sports and recreation, tourism, and the
arts.
b. A partner state relationship must be formalized in a
-1219-partner state agreement approved by the governor.
c. A partner state agreement may be modified or terminated
only with the approval of the governor.
2. a. A partner state program fund is created in the state
treasury under the control of the authority and consisting of
any moneys appropriated to the fund by the general assembly
and any other moneys available and obtained or accepted by the
authority for placement in the fund. The fund shall be used
to administer the partner state program. The authority shall
use any moneys specifically appropriated for purposes of this
section only for the purposes of this section.
b. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys in the fund shall accrue to the
authority and shall be used for purposes of this section.
Notwithstanding section 8.33, moneys in the fund at the end of
each fiscal year shall not revert to any other fund but shall
remain in the fund for expenditure for subsequent fiscal years.
Sec. 2153. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 2154. APPLICABILITY. This division of this Act applies
to all of the following:
1. Sister state agreements entered into by the state before
the effective date of this division of this Act including
agreements with the following:
a. China, Hebei Province.
b. Italy, Veneto Region.
c. Japan, Yamanashi Prefecture.
d. Republic of Kosovo.
e. Mexico, Yucatan.
f. Taiwan.
g. Ukraine, Cherkasy Oblast.
2. Partner state agreement entered into by the state on or
after the effective date of this division of this Act.
DIVISION VII
PUBLIC EMPLOYMENT RELATIONS BOARD
-1220- Sec. 2155. Section 7E.6, subsection 5, Code 2023, is amended
to read as follows:
5. Any position of membership on the board of parole, the
public employment relations board, the utilities board, the
employment appeal board, and the property assessment appeal
board shall be compensated as otherwise provided in law.
Sec. 2156. Section 20.1, subsection 2, paragraph g, Code
2023, is amended by striking the paragraph.
Sec. 2157. Section 20.5, Code 2023, is amended to read as
follows:
20.5 Public employment relations board.
1. There is established a board to be known as the “Public
Employment Relations Board”.
a. The board shall consist of three members appointed by the
governor, subject to confirmation by the senate. In selecting
the members of the board, consideration shall be given to
their knowledge, ability, and experience in the field of
labor-management relations. No more than two members shall be
of the same political affiliation, and no member shall engage
in any political activity while holding office and the members
shall devote full time to their duties.
b. The members shall be appointed for staggered terms of
four years beginning and ending as provided in section 69.19.
c. The member first appointed for a term of four years shall
serve as chairperson and each of the member’s successors shall
also serve as chairperson.
d. Any vacancy occurring shall be filled in the same manner
as regular appointments are made.
2. The governor shall appoint an executive director of the
board, subject to confirmation by the senate, who shall serve
at the pleasure of the governor. The executive director shall
serve as the executive officer of the board. In selecting
the executive director, consideration shall be given to the
person’s knowledge, ability, and experience in the field of
labor-management relations. The governor shall set the salary
-1221-of the executive director within the applicable salary range
established by the general assembly.
2. 3. The board may employ such persons as are necessary
for the performance of its functions. Personnel of the board
shall be employed pursuant to the provisions of chapter 8A,
subchapter IV.
3. 4. The chairperson and the remaining two members
shall be compensated as provided in section 7E.6, subsection
5. Members of the board and employees of the board shall
be allowed their actual and necessary expenses incurred in
the performance of their duties and may be entitled to per
diem compensation as authorized under section 7E.6. All
expenses and salaries shall be paid from appropriations for
such purposes and the board shall be subject to the budget
requirements of chapter 8.
5. The board shall meet at least quarterly and at the call
of the chairperson.
Sec. 2158. Section 20.6, subsection 1, Code 2023, is amended
to read as follows:
1. Administer the provisions of this chapter and delegate
the powers and duties of the board to the executive director or
persons employed by the board, as appropriate.
Sec. 2159. Section 20.11, subsection 5, Code 2023, is
amended to read as follows:
5. The board’s review of proposed decisions and the
rehearing or judicial review of final decisions is governed by
the provisions of chapter 17A.
Sec. 2160. Section 20.13, subsection 3, Code 2023, is
amended by striking the subsection.
Sec. 2161. NEW SECTION. 20.34 Judicial review.
Notwithstanding chapter 17A, in a petition for judicial
review of a decision of the board in a contested case under
this chapter, the opposing party shall be named the respondent,
and the board shall not be named as a respondent. Judicial
review of agency action by the board under this chapter is not
-1222-subject to chapter 17A.
DIVISION VIII
DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
Sec. 2162. Section 16.57B, subsection 4, Code 2023, is
amended to read as follows:
4. Registration required. To be considered for a forgivable
loan or grant under the program, a homeowner or renter must
register for the disaster case management advocacy program
established pursuant to section 29C.20B. The disaster case
manager may refer the homeowner or renter to the appropriate
local program administrator.
Sec. 2163. Section 29C.8, subsection 1, Code 2023, is
amended to read as follows:
1. The department of homeland security and emergency
management shall be under the management of a director who
shall be appointed by the governor, subject to confirmation
by the senate, and who shall serve at the pleasure of the
governor.
Sec. 2164. Section 29C.20A, subsections 2, 4, and 5, Code
2023, are amended to read as follows:
2. The grant funds shall be administered by the department
of human services. The department shall adopt rules to create
the Iowa disaster aid individual assistance grant program. The
rules shall specify the eligibility of applicants and eligible
items for grant funding. The executive council shall use
grant funds to reimburse the department of human services for
its actual expenses associated with the administration of the
grants. The department of human services may implement an
ongoing contract with a provider or providers of a statewide
program with local offices throughout the state to serve as the
local administrative entity for the grant program so that the
program can be implemented with minimal delay when a disaster
occurs in a local area. The rules adopted by the department
of human services for the program shall include but are not
limited to all of the following:
-1223- a. If a local administrative entity is under contract with
the state to provide other services or is implementing a state
or federal program and the contract contains a sufficient
surety bond or other adequate financial responsibility
provision, the department shall accept the existing surety
bond or financial responsibility provision in lieu of applying
a new or additional surety bond or financial responsibility
requirement.
b. If the president of the United States has declared a
major disaster to exist in this state and federal aid is made
available to provide assistance grants to individuals similar
to that provided by the Iowa disaster aid individual assistance
grant program, the Iowa program shall be discontinued.
c. Authorization for the local administrative entity to draw
grant funding to pay valid claims on at least a weekly basis.
4. A recipient of grant funding shall receive reimbursement
for expenses upon presenting a receipt for an eligible expense
or shall receive a voucher through a voucher system developed
by the department of human services and administered locally
within the designated disaster area. A voucher system shall
ensure sufficient data collection to discourage and prevent
fraud. The department shall consult with long-term disaster
recovery committees and disaster recovery case management
committees in developing a voucher system.
5. The department of human services shall submit an annual
report, by January 1 of each year, to the legislative fiscal
committee and the general assembly’s standing committees on
government oversight concerning the activities of the grant
program in the previous fiscal year.
Sec. 2165. Section 29C.20B, Code 2023, is amended to read
as follows:
29C.20B Disaster case management advocacy grant fund and
program.
1. a. A disaster case management advocacy grant fund is
created in the state treasury for the use of the executive
-1224-council. Moneys in the fund shall be expended if grants are
awarded pursuant to section 29C.20A available following the
governor’s proclamation of a state of disaster emergency or the
declaration of a major disaster by the president of the United
States.
b. The executive council may make financial grants to
meet disaster-related case management advocacy needs of
disaster-affected individuals. The aggregate total of grants
awarded shall not be more than one million dollars during a
fiscal year. However, within the same fiscal year, additional
funds may be specifically authorized by the executive council
to meet additional needs. Upon request of the department of
human services, the executive council may make available up to
one hundred thousand dollars, or so much as is necessary, for
contract entity staff support and case management training.
c. The department of human services shall work with the
department of homeland security and emergency management
and, as selected by the department of human services, a
representative representatives of selected nonprofit,
voluntary, and faith-based organizations active in disaster
recovery and response to establish a statewide system of
disaster case management advocacy to be activated following
the governor’s proclamation of a disaster emergency or the
declaration of a major disaster by the president of the United
States for individual assistance purposes.
2. The department of human services shall administer
disaster case management advocacy grants. The department
of human services, in conjunction with the department of
homeland security and emergency management, shall establish
a disaster case management advocacy program and adopt rules
pursuant to chapter 17A necessary to administer the program.
The executive council shall use grant moneys to reimburse the
department of human services for actual expenses associated
with the administration of the grants. Under the program, the
department of human services shall coordinate case management
-1225- advocacy services locally through one or more contracted
entities. The department of human services shall may implement
an ongoing contract with a provider of a statewide program
with local offices throughout the state to serve as the
local administrative entity for the grant program to allow
implementation of the program with minimal delay if grants are
awarded pursuant to section 29C.20A following a governor’s
proclamation of a state of disaster emergency or a declaration
of a major disaster by the president of the United States.
3. The department of human services, in conjunction with the
department of homeland security and emergency management and
a representative in consultation with representatives of the
Iowa voluntary organizations active in disaster, shall adopt
rules pursuant to chapter 17A to create coordination mechanisms
and standards for the establishment and implementation of
a statewide system of disaster case management advocacy.
The rules adopted by the department of human services for
the program shall include but are not limited to all of the
following:
a. If a local administrative entity is under contract with
the state to provide other services or is implementing a state
or federal program and the contract contains a sufficient
surety bond or other adequate financial responsibility
provisions, the department shall accept the existing surety
bond or financial responsibility provisions in lieu of applying
a new or additional surety bond or financial responsibility
requirement.
b. Authorization for the local administrative entity to draw
down grant funding to pay valid claims on at least a weekly
basis.
c. Disaster case management advocacy standards.
d. Disaster case management advocacy policies.
e. Reporting requirements.
f. Eligibility criteria.
g. Coordination mechanisms necessary to carry out the
-1226-services provided.
h. Development of formal working relationships with agencies
and creation of interagency agreements for those considered to
provide disaster case management advocacy services.
i. Establishment of nonduplication of benefits policies and
mechanisms for the exchange of information between agencies to
ensure compliance with the federal Health Insurance Portability
and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
1936 (1996).
j. Referral to all known available services for individuals
from multiple agencies in coordinated service locations.
4. By January 1 of each year, the department of human
services shall submit an annual written report to the
legislative fiscal committee and the general assembly’s
standing committees on government oversight concerning the
activities of the grant program during the previous fiscal
year.
DIVISION IX
DEPARTMENT OF VETERANS AFFAIRS
Sec. 2166. Section 7E.5, subsection 1, paragraph v, Code
2023, is amended to read as follows:
v. The department of veterans affairs. However, the
commission of veterans affairs created in section 35A.2 shall
have created in section 35A.4, which has primary responsibility
for state veterans affairs.
Sec. 2167. Section 11.5B, subsection 7, Code 2023, is
amended to read as follows:
7. Iowa veterans home Department of veterans affairs.
Sec. 2168. Section 16.2D, subsection 2, paragraph b,
subparagraph (9), Code 2023, is amended to read as follows:
(9) The director commandant of the department of veterans
affairs or the director’s commandant’s designee.
Sec. 2169. Section 35A.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Commandant” means the commandant of the Iowa veterans
-1227-home appointed in section 35D.13 appointed pursuant to section
35A.8.
Sec. 2170. Section 35A.1, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2171. Section 35A.2, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A commission of veterans affairs is created consisting of
eleven persons who shall be appointed by the governor, subject
to confirmation by the senate. Members shall be appointed to
staggered terms of four years beginning and ending as provided
in section 69.19. The governor shall fill a vacancy for the
unexpired portion of the term. In addition to the members
appointed by the governor, the director of the department and
the commandant of the Iowa veterans home shall serve as a
nonvoting, ex officio members member of the commission.
3. a. The commissioners are entitled to receive
reimbursement for actual expenses incurred while engaged in the
performance of official duties. Each member of the commission
may also be eligible to receive compensation as provided in
section 7E.6.
b. The executive director, commandant, and employees of the
department and the Iowa veterans home are entitled to receive,
in addition to salary, reimbursement for actual expenses
incurred while engaged in the performance of official duties.
c. All out-of-state travel by commissioners shall be
approved by the chairperson of the commission.
Sec. 2172. Section 35A.3, subsection 4, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
4. Review and approve applications for distributions
of moneys from the veterans license fee fund pursuant to
section 35A.11 and the veterans trust fund pursuant to section
35A.13 for the benefit of veterans, spouses of veterans, and
dependents of veterans.
Sec. 2173. Section 35A.4, Code 2023, is amended to read as
-1228-follows:
35A.4 Department established.
There is established an Iowa department of veterans affairs
which shall consist of a commandant, a commission, an executive
director, and any additional personnel as employed by the
executive director commandant.
Sec. 2174. Section 35A.5, subsection 10, paragraph d, Code
2023, is amended to read as follows:
d. The department through the director commandant shall have
the authority to accept suitable cemetery land, in accordance
with federal veterans cemetery grant guidelines, from the
federal government, state government, state subdivisions,
private sources, and any other source wishing to transfer land
for use as a veterans cemetery.
Sec. 2175. Section 35A.5, subsection 12, Code 2023, is
amended to read as follows:
12. Adopt rules pursuant to chapter 17A and establish policy
for the management and operation of the department, for the
facilitation of programs under the department’s authority, and
for the performance of duties established under this section.
Prior to adopting rules, the department shall submit proposed
rules to the commission for review and approval pursuant to the
requirements of section 35A.3.
Sec. 2176. Section 35A.8, Code 2023, is amended to read as
follows:
35A.8 Executive director Commandant — term — duties.
1. The governor shall appoint an executive director a
commandant, subject to confirmation by the senate, who shall
serve at the pleasure of the governor. The executive director
commandant is responsible for administering the duties of the
department and the commission other than those related to the
Iowa veterans home.
2. The executive director commandant shall be a resident
of the state of Iowa and an honorably discharged veteran who
served in the armed forces of the United States during a
-1229-conflict or war. As used in this section, the dates of service
in a conflict or war shall coincide with the dates of service
established by the Congress of the United States.
3. Except for the employment duties and responsibilities
assigned to the commandant for the Iowa veterans home, the
executive director The commandant shall employ such personnel
as are necessary for the performance of the duties and
responsibilities assigned to the department and the commission.
All employees shall be selected on a basis of fitness for
the work to be performed with due regard to training and
experience and shall be subject to the provisions of chapter
8A, subchapter IV.
Sec. 2177. Section 35D.1, subsection 2, Code 2023, is
amended to read as follows:
2. As used in this chapter:
a. “Commandant” means the commandant of the Iowa veterans
home appointed pursuant to section 35D.13 35A.8.
b. “Commission” means the commission of veterans affairs
established in section 35A.2.
c. “Department” means the department of veterans affairs
established in section 35A.4.
c. d. “Member” means a patient or resident of the home.
Sec. 2178. Section 35D.5, Code 2023, is amended to read as
follows:
35D.5 Surviving spouses of veterans.
If a deceased veteran, who would be entitled to admission
to the home if the deceased veteran were living, has left a
surviving spouse, the spouse is entitled to admission to the
home with the same rights, privileges, and benefits as if the
veteran were living and a member of the home, if the spouse
was married to the veteran for at least one year immediately
prior to the veteran’s death, is found by the commandant
department to be disabled, meets the qualifications for nursing
or residential level of care, and is a resident of the state of
Iowa on the date of the application and immediately preceding
-1230-the date the application is accepted.
Sec. 2179. Section 35D.7, Code 2023, is amended to read as
follows:
35D.7 Contributing to own support.
1. Except as otherwise provided in chapter 249A and other
provisions of this chapter, a member of the home who receives
a pension, compensation, or gratuity from the United States
government, or income from any source of more than one hundred
forty dollars per month, shall contribute to the member’s own
maintenance or support while a member of the home. The amount
of the contribution and the method of collection shall be
determined by the commandant department, but the amount shall
in no case exceed the actual cost of keeping and maintaining
the person in the home.
2. Sums paid to and received by the commandant department
for the support of members of the home shall be considered
repayment receipts as defined in section 8.2 and credited to
the Iowa veterans home account referred to in section 35D.18,
subsection 3.
3. The commandant department may allow any member of the
home to render assistance in the care of the home and its
grounds as the member’s psychosocial and physical condition
permit, as a phase of that member’s rehabilitation program.
The commandant department shall compensate each member who
furnishes assistance at rates approved by the commission.
Sec. 2180. Section 35D.10, Code 2023, is amended to read as
follows:
35D.10 Payment to spouse.
Except as otherwise provided in chapter 249A and other
provisions of this chapter, a member of the home who receives a
pension or compensation and who has a spouse shall deposit with
the commandant department on receipt of the member’s pension or
compensation check one-half of its amount, which shall be sent
by the eighth day of the month or at once if any such pension
or compensation is received after the eighth day of the month
-1231-to the spouse.
Sec. 2181. Section 35D.11, Code 2023, is amended to read as
follows:
35D.11 Handling of pension money and other funds.
1. Pension money deposited with the commandant department
is not assignable for any purpose except as provided in section
35D.10, or in accordance with subsection 2 of this section.
2. The commandant department, if authorized by a member of
the home, and pursuant to policies adopted by the commission,
may act on behalf of that member in receiving, disbursing, and
accounting for personal funds of the member received from any
source. The authorization may be given by the member at any
time and shall not be a condition of admission to the home.
Sec. 2182. Section 35D.12, Code 2023, is amended to read as
follows:
35D.12 Bank account for members’ deposits.
1. a. The Iowa veterans home, for the convenience of its
members, may maintain a commercial account with a federally
insured bank for the individual personal deposits of its
members. The account shall be known as the Iowa veterans
home membership account. The commandant department shall
record each member’s personal deposits individually and shall
deposit the funds in the membership account, where the members’
deposits shall be held in the aggregate.
b. The Iowa veterans home may withdraw moneys from the
account maintained pursuant to this subsection to establish
certificates of deposit for the benefit of all members. The
commission department shall adopt rules pursuant to chapter 17A
for the administration of this paragraph.
2. The commandant department, if authorized by a member of
the home, and pursuant to policies adopted by the commission,
may make withdrawals against that member’s personal account to
pay regular bills and other expenses incurred by the member.
The authorization may be given by the member at any time and
shall not be a condition of admission to the home.
-1232- Sec. 2183. Section 35D.15, subsection 1, Code 2023, is
amended to read as follows:
1. The commandant shall administer and enforce all rules
adopted by the commission, including rules of discipline and,
subject to these rules, may immediately suspend the membership
of and discharge any person from the home for infraction of
the rules when the commandant department determines that the
health, safety, or welfare of the residents of the home is in
immediate danger and other reasonable alternatives have been
exhausted. The suspension and discharge are temporary pending
action by the commission. Judicial review of the action of the
commission may be sought in accordance with chapter 17A.
Sec. 2184. Section 35D.15, subsection 2, paragraphs a, b, d,
and f, Code 2023, are amended to read as follows:
a. The commandant department shall, with the input
and recommendation of the interdisciplinary resident care
committee, involuntarily discharge a member for any of the
following reasons:
(1) (a) The member has been diagnosed with a substance use
disorder but continues to abuse alcohol or an illegal drug in
violation of the member’s conditional or provisional agreement
entered into at the time of admission, and all of the following
conditions are met:
(i) The member has been provided sufficient notice of any
changes in the member’s collaborative care plan.
(ii) The member has been notified of the member’s commission
of three offenses and has been given the opportunity to correct
the behavior through either of the following options:
(A) Being given the opportunity to receive the appropriate
level of treatment in accordance with best practices for
standards of care.
(B) By having been placed on probation by the Iowa veterans
home for a second offense.
(b) Notwithstanding the member’s meeting the criteria
for discharge under this subparagraph (1), if the member
-1233-has demonstrated progress toward the goals established in
the member’s collaborative care plan, the interdisciplinary
resident care committee and the commandant department may
exercise discretion regarding the discharge. Notwithstanding
any provision to the contrary, the member may be immediately
discharged under this subparagraph (1) if the member’s actions
or behavior jeopardizes the life or safety of other members or
staff.
(2) (a) The member refuses to utilize the resources
available to address issues identified in the member’s
collaborative care plan, and all of the following conditions
are met:
(i) The member has been provided sufficient notice of any
changes in the member’s collaborative care plan.
(ii) The member has been notified of the member’s commission
of three offenses and the member has been placed on probation
by the Iowa veterans home for a second offense.
(b) Notwithstanding the member’s meeting the criteria
for discharge under this subparagraph (2), if the member
has demonstrated progress toward the goals established in
the member’s collaborative care plan, the interdisciplinary
resident care committee and the commandant department may
exercise discretion regarding the discharge. Notwithstanding
any provision to the contrary, the member may be immediately
discharged if the member’s actions or behavior jeopardizes the
life or safety of other members or staff.
(3) The member no longer requires a residential or nursing
level of care, as determined by the interdisciplinary resident
care committee.
(4) The member requires a level of licensed care not
provided at the Iowa veterans home.
b. (1) If a member is discharged under this subsection,
the discharge plan shall include placement in a suitable
living situation which may include but is not limited to
a transitional living program approved by the commission
-1234-or a living program provided by the United States veterans
administration.
(2) If a member is involuntarily discharged under this
subsection, the commission department shall, to the greatest
extent possible, ensure against the veteran being homeless and
ensure that the domicile to which the veteran is discharged is
fit and habitable and offers a safe and clean environment which
is free from health hazards and provides appropriate heating,
ventilation, and protection from the elements.
d. Annually, by the fourth Monday of each session of the
general assembly, the commandant department shall submit a
report to the veterans affairs committees of the senate and
house of representatives specifying the number, circumstances,
and placement of each member involuntarily discharged from the
Iowa veterans home under this subsection during the previous
calendar year.
f. Any involuntary discharge by the commandant department
under this subsection shall comply with the rules adopted by
the commission under this subsection and by the department of
inspections and appeals pursuant to section 135C.14, subsection
8, paragraph “f”.
Sec. 2185. Section 35D.17, Code 2023, is amended to read as
follows:
35D.17 Report by commandant department.
The commandant department shall, biennially, make a full
and detailed report to the governor, the commission, and the
general assembly, showing the condition of the home, the
number of members in the Iowa veterans home, the order and
discipline enforced, and the needs of the home financially and
otherwise, together with an itemized statement of all receipts
and disbursements and any other matters of importance in the
management and control of the Iowa veterans home.
Sec. 2186. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
are repealed.
DIVISION X
-1235-OFFICE OF DRUG CONTROL POLICY
Sec. 2187. Section 80.4, subsection 1, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. g. Office of drug control policy.
Sec. 2188. Section 80.5, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 10. The department shall receive and review
the budget submitted by the drug policy director and assist the
drug policy director in directing the office of drug control
policy pursuant to section 80E.1.
Sec. 2189. Section 80E.1, Code 2023, is amended to read as
follows:
80E.1 Drug policy coordinator director.
1. The office of drug control policy is established in
the department of public safety.A drug policy coordinator
director shall be appointed by the governor, subject to
confirmation by the senate, and shall serve at the pleasure of
the governor commissioner of the department of public safety.
The governor shall fill a vacancy in the office in the same
manner as the original appointment was made. The coordinator
director shall be selected primarily for administrative
ability. The coordinator director shall not be selected on
the basis of political affiliation and shall not engage in
political activity while holding the office. The salary of the
coordinator shall be fixed by the governor.
2. The coordinator director shall:
a. Direct the governor’s office of drug control policy,
and coordinate and monitor all statewide drug enforcement
efforts, coordinate and monitor all state and federal substance
use disorder treatment grants and programs, coordinate and
monitor all statewide substance abuse use disorder prevention
and education programs in communities and schools, and engage
in such other related activities as required by law. The
coordinator director shall work in coordinating the efforts of
the department of corrections, the department of education,
-1236-the Iowa department of public health, the department of public
safety, and the department of health and human services. The
coordinator director shall assist in the development and
implementation of local and community strategies to fight
substance abuse use disorder, including local law enforcement,
education, and treatment activities.
b. Submit an annual report to the governor and general
assembly by November 1 of each year concerning the activities
and programs of the coordinator director and other departments
related to drug enforcement, substance use disorder treatment
programs, and substance abuse use disorder prevention and
education programs. The report shall include an assessment
of needs with respect to programs related to substance use
disorder treatment and drug enforcement.
c. Submit an advisory budget recommendation to the governor
and general assembly concerning enforcement programs, treatment
programs, and education programs related to drugs within the
various departments. The coordinator director shall work
with these departments in developing the departmental budget
requests to be submitted to the legislative services agency and
the general assembly.
3. The governor’s office of drug control policy shall be
an independent office, located at the same location as the
department of public safety. Administrative support services
may shall be provided to the governor’s office of drug control
policy by the department of public safety.
Sec. 2190. Section 80E.4, Code 2023, is amended to read as
follows:
80E.4 Drug abuse resistance education fund.
A drug abuse resistance education fund is created as a
separate fund in the state treasury under the control of the
governor’s office department of public safety for the office
of drug control policy for use by the drug abuse resistance
education program and other programs with a similar purpose.
The fund shall consist of appropriations made to the fund
-1237-and transfers of interest, moneys collected from the crime
services surcharge established in section 911.1, and earnings.
All moneys in the fund are appropriated to the governor’s
office of drug control policy department of public safety.
Notwithstanding section 8.33, any balance in the fund on June
30 of any fiscal year shall not revert to any other fund of the
state but shall remain available for the purposes described in
this section.
Sec. 2191. Section 124.101, subsection 22, Code 2023, is
amended to read as follows:
22. “Office” means the governor’s office of drug control
policy, as referred to in section 80E.1.
DIVISION XI
DEPARTMENT OF WORKFORCE DEVELOPMENT
PRIMARY DEPARTMENT RESPONSIBILITIES
Sec. 2192. Section 84A.5, subsection 3, Code 2023, is
amended to read as follows:
3. The department of workforce development is responsible
for administration of unemployment compensation benefits
and collection of employer contributions under chapter 96,
providing for the delivery of free public employment services
established pursuant to chapter 96, other job placement and
training programs established pursuant to section 84A.6,
employment agencies under chapter 84H, and the delivery of
services located throughout the state.
Sec. 2193. Section 84A.5, subsection 7, Code 2023, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. f. The statewide work-based learning
intermediary network program under section 84A.16.
NEW PARAGRAPH. g. The new jobs training program under
chapter 260E, in consultation with the community colleges.
NEW PARAGRAPH. h. The Iowa jobs training act under chapter
260F.
NEW PARAGRAPH. i. The workforce development fund program
under chapter 84F.
-1238- NEW PARAGRAPH. j. The accelerated career education
program under chapter 260G, in coordination with the community
colleges.
NEW PARAGRAPH. k. The older American community service
employment program under section 84A.17.
NEW PARAGRAPH. l. The apprenticeship training program under
chapter 84D.
NEW PARAGRAPH. m. The future ready Iowa registered
apprenticeship development program under section 84E.1.
NEW PARAGRAPH. n. The future ready Iowa expanded registered
apprenticeship opportunities program under section 84E.2.
NEW PARAGRAPH. o. Adult education and literacy programs
under section 84A.19.
REGIONAL INDUSTRY SECTOR PARTNERSHIPS
Sec. 2194. Section 260H.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. A pathways for academic career and employment fund is
created for the community colleges in the state treasury to be
administered by the department of education and the department
of workforce development. The moneys in the pathways for
academic career and employment fund are appropriated to the
department of education for the pathways for academic career
and employment program.
Sec. 2195. Section 260H.7B, Code 2023, is amended to read
as follows:
260H.7B Regional industry sector partnerships.
1. A community college and the department of workforce
development may use moneys for the pathways for academic career
and employment program to provide staff and support for the
development and implementation of a regional industry sector
partnerships partnership within the each region served by
the each community college. For purposes of this section,
“community college” means the same as defined in section 260C.2.
2. Regional, A regional industry sector partnerships
partnership may include but are engage in but is not limited to
-1239-the following activities:
a. Bringing together Collaborating with representatives
from industry sectors, government, education, local workforce
boards, community-based organizations, labor, economic
development organizations, and other stakeholders within the
regional labor market to determine how pathways for academic
career and employment projects should address workforce skills
gaps, occupational shortages, and wage gaps.
b. Integrating pathways for academic career and employment
projects and other existing supply-side strategies with
workforce needs within the region served by the community
college in that region.
c. Developing pathways for academic career and employment
projects that focus on the workforce skills, from entry level
to advanced, required by industry sectors within the region
served by the community college.
d. Structuring pathways so that instruction and learning of
workforce skills are aligned with industry-recognized standards
where such standards exist.
Sec. 2196. Section 260H.8, Code 2023, is amended to read as
follows:
260H.8 Rules.
The department of education, in consultation with the
community colleges, the economic development authority, and the
department of workforce development, shall adopt rules pursuant
to chapter 17A and this chapter to implement the provisions of
this chapter. Local workforce development boards established
pursuant to section 84A.4 shall be consulted in the development
and implementation of rules to be adopted pursuant to this
chapter section.
Sec. 2197. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 260H.7B to section 84A.15.
2. The Code editor shall correct internal references in the
-1240-Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2198. TRANSITION PROVISIONS. A regional industry
sector partnership entered into by a community college prior
to the effective date of this division of this Act shall be
valid and continue per the terms of the agreement between the
community college and the partnership.
STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
Sec. 2199. Section 256.40, Code 2023, is amended to read as
follows:
256.40 Statewide work-based learning intermediary network —
fund — steering committee — regional networks.
1. A statewide work-based learning intermediary network
program is established in the department of workforce
development and shall be administered by the department. A
separate, statewide work-based learning intermediary network
fund is created in the state treasury under the control of the
department of workforce development. The fund shall consist
of all moneys deposited in the fund, including any moneys
appropriated by the general assembly and any other moneys
available to and obtained or accepted by the department of
workforce development from federal or private sources for
purposes of the program. Notwithstanding section 8.33, moneys
in the fund at the end of a fiscal year shall not revert to
the general fund of the state. Notwithstanding section 12C.7,
subsection 2, interest or earnings on moneys in the fund shall
be credited to the fund.
2. The purpose of the program shall be to prepare students
for the workforce by connecting business and the education
system facilitating cooperation and collaboration between
businesses and entities within the state system of education,
as that state system of education is described in section
256.1, subsection 1, and offering to offer relevant, work-based
learning activities to students and teachers. The program
shall do all of the following:
-1241- a. Better prepare Prepare students to make informed
postsecondary education and career decisions.
b. Provide communication and coordination in order to build
and sustain relationships between employers and local youth,
the state system of education system, and the community at
large.
c. Connect students to local career opportunities within the
state, creating economic capital for the region state using a
skilled and available workforce.
d. Provide a one-stop contact point for information
useful to both educators and employers, including information
on related to internships, job shadowing experiences,
apprenticeable occupations as defined in section 15B.2,
and other workplace learning opportunities for students,
particularly including those related to occupations in
science, technology, engineering, or mathematics occupations,
occupations related to critical infrastructure, and commercial
and residential construction, or and targeted industries as
defined in section 15.102.
e. Integrate services provided through the program with
other career exploration-related activities, which may include
but are not limited to the a student’s career and academic
plans and career information and decision-making systems
utilized in accordance with under section 279.61.
f. Facilitate the attainment of portable credentials of
value to employers such as the national career readiness
certificate, where appropriate.
g. Develop work-based capacity with employers.
h. Provide core services, which may include student job
shadowing, student internships, and teacher or student tours.
3. a. The department of workforce development shall
establish and facilitate a steering committee comprised of
representatives from the department of workforce development
education, the economic development authority, the community
colleges, the institutions under the control of the state board
-1242-of regents, accredited private institutions, area education
agencies, school districts, the workplace learning connection,
and an apprenticeship sponsor as defined in section 15B.2. The
steering committee shall be responsible for the development
and implementation of the statewide work-based learning
intermediary network.
4. b. The steering committee shall develop a design for
a statewide network comprised of fifteen regional work-based
learning intermediary networks. The design shall include
network specifications, strategic functions, and desired
outcomes. The steering committee shall recommend program
parameters and reporting requirements to the department of
workforce development.
5. 4. Each regional network shall establish an advisory
council to provide advice and assistance to the regional
network. The advisory council shall include representatives of
business and industry, including construction trade industry
professionals, and shall meet at least annually.
6. 5. Each regional network or consortium of networks shall
annually submit a work-based learning plan to the department of
workforce development. Each plan shall include provisions to
provide core services referred to in subsection 2, paragraph
“h”, to all school districts within the region and for the
integration of job shadowing and other work-based learning
activities into secondary career and technical education
programs.
7. 6. a. Moneys Upon approval by the department of
workforce development of a region’s work-based learning plan
submitted pursuant to subsection 5, moneys deposited in the
statewide work-based learning intermediary network fund created
in subsection 1 shall be distributed annually by the department
of workforce development to each region for the implementation
of the statewide work-based learning intermediary network upon
approval by the department of the region’s work-based learning
plan submitted pursuant to subsection 6.
-1243- b. If the balance in the statewide work-based learning
intermediary network fund on July 1 of a fiscal year is one
million five hundred thousand dollars or less, the department
of workforce development shall distribute moneys in the fund to
regions or consortiums of regions on a competitive basis. If
the balance in the statewide work-based learning intermediary
network fund on July 1 of a fiscal year is greater than one
million five hundred thousand dollars, the department of
workforce development shall distribute one hundred thousand
dollars to each region and distribute the remaining moneys
pursuant to the same formula established for distribution of
funds by the department of education in section 260C.18C.
8. 7. The department of workforce development shall provide
oversight of the statewide work-based learning intermediary
network. The department of workforce development shall require
each region to submit an annual report on its the region’s
ongoing implementation of the statewide work-based learning
intermediary network program to the department.
9. 8. Each regional network shall match the moneys received
pursuant to subsection 7 6 with financial resources equal to at
least twenty-five percent of the amount of the moneys received
pursuant to subsection 7 6. The financial resources used
to provide the match may include private donations, in-kind
contributions, or public moneys other than the moneys received
pursuant to subsection 7 6.
10. 9. The state board of education department of workforce
development shall adopt rules under chapter 17A for the
administration of this section.
Sec. 2200. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 256.40, as amended in this division of this Act, to
section 84A.16.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
-1244-enactment of this section.
INDUSTRIAL NEW JOBS TRAINING
Sec. 2201. Section 15A.7, subsection 3, Code 2023, is
amended to read as follows:
3. That the employer shall agree to pay wages for the jobs
for which the credit is taken of at least the laborshed wage,
as calculated by the authority pursuant to section 15.327,
subsection 15. For purposes of this subsection, “laborshed
wage” means the wage level represented by those wages within
two standard deviations from the mean wage within the laborshed
area in which the eligible business is located, as calculated
by the department of workforce development by rule, using the
most current covered wage and employment data available to
the department for the laborshed area.Eligibility for the
supplemental credit shall be based on a one-time determination
of starting wages by the community college.
Sec. 2202. Section 260E.7, Code 2023, is amended to read as
follows:
260E.7 Program review by economic development authority
department of workforce development.
1. The economic development authority department of
workforce development, in consultation with the department of
education, and the department of revenue, and the department
of workforce development, shall coordinate and review the new
jobs training program. The economic development authority
department of workforce development shall adopt, amend, and
repeal rules under chapter 17A that the community college will
use in developing projects with new and expanding industrial
new jobs training proposals and that the economic development
authority department of workforce development shall use to
review and report on the new jobs training program as required
in this section.
2. a. The authority department of workforce development,
in consultation with the community colleges participating
in the new jobs training program pursuant to this chapter,
-1245-shall identify the information necessary to effectively
coordinate and review the program, and the community colleges
shall provide such information to the authority department.
Using the information provided, the authority department, in
consultation with the community colleges, shall issue a report
on the effectiveness of the program.
b. In coordinating and reviewing the program, the department
of workforce development shall give due regard shall be given
to the confidentiality of certain information provided by the
community colleges, and the authority shall comply with the
provisions of section 15.118 to the extent that such provisions
are applicable to the new jobs training program.
3. The authority department of workforce development
is authorized to make any rule that is adopted, amended,
or repealed effective immediately upon filing with the
administrative rules coordinator or at a subsequent stated date
prior to indexing and publication, or at a stated date less
than thirty-five days after filing, indexing, and publication.
Sec. 2203. Section 403.21, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The community college shall send a copy of the final
agreement prepared pursuant to section 260E.3 to the economic
development authority department of workforce development.
For each year in which incremental property taxes are used to
pay job training certificates issued for a project creating
new jobs, the community college shall provide to the economic
development authority department of workforce development
a report of the incremental property taxes and new jobs
credits from withholding generated for that year, a specific
description of the training conducted, the number of employees
provided program services under the project, the median
wage of employees in the new jobs in the project, and the
administrative costs directly attributable to the project.
3. For each year in which incremental property taxes are
used to retire debt service on a jobs training advance issued
-1246-for a project creating new jobs, the community college shall
provide to the economic development authority department of
workforce development a report of the incremental property
taxes and new jobs credits from withholding generated for that
year, a specific description of the training conducted, the
number of employees provided services under the project, the
median wage of employees in the new jobs in the project, and
the administrative costs directly attributable to the project.
Sec. 2204. Section 422.16A, Code 2023, is amended to read
as follows:
422.16A Job training withholding — certification and
transfer.
Upon the completion by a business of its repayment
obligation for a training project funded under chapter 260E,
including a job training project funded under section 15A.8
or repaid in whole or in part by the supplemental new jobs
credit from withholding under section 15A.7 or section 15E.197,
Code 2014, the sponsoring community college shall report to
the economic development authority department of workforce
development the amount of withholding paid by the business
to the community college during the final twelve months of
withholding payments. The economic development authority
department of workforce development shall notify the department
of revenue of that amount. The department of revenue shall
credit to the workforce development fund account established in
section 15.342A twenty-five percent of that amount each quarter
for a period of ten years. If the amount of withholding from
the business or employer is insufficient, the department of
revenue shall prorate the quarterly amount credited to the
workforce development fund account. The maximum amount from
all employers which shall be transferred to the workforce
development fund account in any year is seven million seven
hundred fifty thousand dollars.
Sec. 2205. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
-1247-transfers:
a. Section 15A.7 to section 260J.1.
b. Section 15A.8 to section 260J.2.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
JOB TRAINING
Sec. 2206. Section 260F.2, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 2207. Section 260F.2, subsections 4, 5, and 11, Code
2023, are amended to read as follows:
4. “Date of commencement of the project” means the date
of the preliminary agreement or the date an application for
assistance is received by the authority department.
5. “Eligible business” or “business” means a business
training employees which is engaged in interstate or intrastate
commerce for the purpose of manufacturing, processing, or
assembling products, conducting research and development, or
providing services in interstate commerce, but excludes retail,
health, or professional services and which meets the other
criteria established by the authority department. “Eligible
business” does not include a business whose training costs can
be economically funded under chapter 260E, a business which
closes or substantially reduces its employment base in order
to relocate substantially the same operation to another area
of the state, or a business which is involved in a strike,
lockout, or other labor dispute in Iowa.
11. “Project” means a training arrangement which is the
subject of an agreement entered into between the community
college and a business to provide program services. “Project”
also means a training arrangement which is sponsored by the
authority department and administered under sections 260F.6A
and 260F.6B.
Sec. 2208. Section 260F.2, Code 2023, is amended by adding
the following new subsection:
-1248- NEW SUBSECTION. 4A. “Department” means the department of
workforce development.
Sec. 2209. Section 260F.3, subsection 5, Code 2023, is
amended to read as follows:
5. Other criteria established by the department of
education.
Sec. 2210. Section 260F.6, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. There is established for the community colleges a job
training fund in the economic development authority department
of workforce development in the workforce development fund
established in section 15.342A. The job training fund consists
of moneys appropriated for the purposes of this chapter plus
the interest and principal from repayment of advances made to
businesses for program costs, plus the repayments, including
interest, of loans made from that retraining fund, and interest
earned from moneys in the job training fund.
2. To provide funds for the present payment of the costs
of a training program by the business, the community college
may provide to the business an advance of the moneys to be used
to pay for the program costs as provided in the agreement.
To receive the funds for this advance from the job training
fund established in subsection 1, the community college shall
submit an application to the authority department. The amount
of the advance shall not exceed fifty thousand dollars for
any business site, or one hundred thousand dollars within
a three-fiscal-year period for any business site. If the
project involves a consortium of businesses, the maximum award
per project shall not exceed one hundred thousand dollars.
Participation in a consortium does not affect a business
site’s eligibility for individual project assistance. Prior
to approval a business shall agree to match program amounts
in accordance with criteria established by the authority
department.
Sec. 2211. Section 260F.6A, Code 2023, is amended to read
-1249-as follows:
260F.6A Business network training projects.
The community colleges and the authority department are
authorized to fund business network training projects which
include five or more businesses and are located in two or more
community college districts. A business network training
project must have a designated organization or lead business
to serve as the administrative entity that will coordinate the
training program. The businesses must have common training
needs and develop a plan to meet those needs. The authority
department shall adopt rules governing this section’s operation
and participant eligibility.
Sec. 2212. Section 260F.6B, Code 2023, is amended to read
as follows:
260F.6B High technology apprenticeship program.
The community colleges and the authority department
are authorized to fund high technology apprenticeship
programs which comply with the requirements specified in
section 260C.44 and which may include both new and statewide
apprenticeship programs. Notwithstanding the provisions
of section 260F.6, subsection 2, relating to maximum award
amounts, moneys allocated to the community colleges with high
technology apprenticeship programs shall be distributed to the
community colleges based upon contact hours under the programs
administered during the prior fiscal year as determined by
the department of education. The authority department shall
adopt rules governing this section’s operation and participant
eligibility.
Sec. 2213. Section 260F.7, Code 2023, is amended to read as
follows:
260F.7 Authority to coordinate Coordination — department of
workforce development.
The authority department, in consultation with the
department of education and the department of workforce
development, shall coordinate the jobs training program. A
-1250-project shall not be funded under this chapter unless the
authority department approves the project. The authority
department shall adopt rules pursuant to chapter 17A governing
the program’s operation and eligibility for participation in
the program. The authority department shall establish by rule
criteria for determining what constitutes an eligible business.
Sec. 2214. Section 260F.8, subsection 1, Code 2023, is
amended to read as follows:
1. For each fiscal year, the authority department shall
make funds available to the community colleges. The authority
department shall allocate by formula from the moneys in
the fund an amount for each community college to be used to
provide the financial assistance for proposals of businesses
whose applications have been approved by the authority
department. The financial assistance shall be provided by
the authority department from the amount set aside for that
community college. If any portion of the moneys set aside for
a community college have not been used or committed by May
1 of the fiscal year, that portion is available for use by
the authority department to provide financial assistance to
businesses applying to other community colleges. The authority
department shall adopt by rule a formula for this set-aside.
Sec. 2215. TRANSITION PROVISIONS.
1. A project that is entered into by a community college
and a business under section 260F.3 prior to the effective
date of this division of this Act shall be valid and continue
as provided in the terms of the agreement and shall be
administered by the department of workforce development.
2. A project sponsored by and administered under section
260F.6A or 260F.6B by the economic development authority prior
to the effective date of this division of this Act shall be
valid and continue as provided by the terms of the training
arrangement and shall be administered by the department of
workforce development.
WORKFORCE DEVELOPMENT FUND PROGRAM
-1251- Sec. 2216. Section 15.108, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 2217. Section 15.341, Code 2023, is amended to read as
follows:
15.341 Workforce development fund program.
This part chapter shall be known as the “Workforce
Development Fund” program.
Sec. 2218. Section 15.342, Code 2023, is amended to read as
follows:
15.342 Purpose.
The purpose of this part chapter shall be to provide a
mechanism for funding workforce development programs listed in
section 15.343, subsection 2, in order to more efficiently meet
the needs identified within those individual programs.
Sec. 2219. Section 15.342A, Code 2023, is amended to read
as follows:
15.342A Workforce development fund account.
1. A workforce development fund account is established in
the office of the treasurer of state under the control of the
authority department of workforce development. The account
shall receive funds pursuant to section 422.16A.
2. For the fiscal year beginning July 1, 2014 2023,
and for each fiscal year thereafter, there is annually
appropriated from the workforce development fund account to the
apprenticeship training program fund created in section 15B.3
three million dollars for the purposes of chapter 15B.
3. For the fiscal year beginning July 1, 2014 2023, and for
each fiscal year thereafter, there is annually appropriated
from the workforce development fund account to the job training
fund created in section 260F.6 four million seven hundred fifty
thousand dollars for the purposes of chapter 260F.
Sec. 2220. Section 15.343, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. a. A workforce development fund is created as a
revolving fund in the state treasury under the control of the
-1252-authority department of workforce development consisting of any
moneys appropriated by the general assembly for that purpose
and any other moneys available to and obtained or accepted by
the authority department of workforce development from the
federal government or private sources for placement in the
fund. The fund shall also include moneys appropriated to the
fund from the workforce development fund account established
in section 15.342A.
b. Notwithstanding section 8.33, moneys in the workforce
development fund at the end of each fiscal year shall not
revert to any other fund but shall remain in the workforce
development fund for expenditure for subsequent fiscal years.
2. The assets of the fund shall be used by the authority
department of workforce development for the following programs
and purposes:
a. Projects under chapter 260F. The authority department of
workforce development shall require a match from all businesses
participating in a training project under chapter 260F.
b. Apprenticeship programs under section 260C.44, including
new or statewide building trades apprenticeship programs.
c. To cover the costs of the administration of workforce
development programs and services available through the
authority. A portion of these funds may be used to To support
efforts by the community colleges to provide workforce services
to Iowa employers.
Sec. 2221. Section 15.344, Code 2023, is amended to read as
follows:
15.344 Common system — assessment and tracking.
The authority department of workforce development shall use
information from the customer tracking system administered by
the department of workforce development under section 84A.5 to
determine the economic impact of the programs. To the extent
possible, the authority department shall track individuals and
businesses who have received assistance or services through
the fund to determine whether the assistance or services have
-1253-resulted in increased wages paid to the individuals or paid by
the businesses.
Sec. 2222. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 15.341 to section 84F.1.
b. Section 15.342 to section 84F.2.
c. Section 15.342A to section 84F.3.
d. Section 15.343 to section 84F.4.
e. Section 15.344 to section 84F.5.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
ACCELERATED CAREER EDUCATION PROGRAM
Sec. 2223. Section 260G.3, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An agreement may include reasonable and necessary provisions
to implement the accelerated career education program. If
an agreement is entered into, the community college and the
employer shall notify the department of revenue as soon as
possible. The community college shall also file a copy of the
agreement with the economic development authority department
of workforce development as required in section 260G.4B. The
agreement shall provide for program costs, including deferred
costs, which may be paid from any of the following sources:
Sec. 2224. Section 260G.4B, Code 2023, is amended to read
as follows:
260G.4B Maximum statewide program job credit.
1. The total amount of program job credits from all
employers which shall be allocated for all accelerated career
education programs in the state in any one fiscal year shall
not exceed five million four hundred thousand dollars. A
community college shall file a copy of each agreement with
the economic development authority department of workforce
development. The authority department of workforce development
-1254- shall maintain an annual record of the proposed program job
credits under each agreement for each fiscal year. Upon
receiving a copy of an agreement, the authority department of
workforce development shall allocate any available amount of
program job credits to the community college according to the
agreement sufficient for the fiscal year and for the term of
the agreement. When the total available program job credits
are allocated for a fiscal year, the authority department of
workforce development shall notify all community colleges that
the maximum amount has been allocated and that further program
job credits will not be available for the remainder of the
fiscal year. Once program job credits have been allocated to
a community college, the full allocation shall be received by
the community college throughout the fiscal year and for the
term of the agreement even if the statewide program job credit
maximum amount is subsequently allocated and used.
2. For the fiscal years beginning July 1, 2000, and
July 1, 2001, the department of economic development shall
allocate eighty thousand dollars of the first one million two
hundred thousand dollars of program job credits authorized and
available for that fiscal year to each community college. This
allocation shall be used by each community college to provide
funding for approved programs. For the fiscal year beginning
July 1, 2002 2023, and for every fiscal year thereafter,
the economic development authority department of workforce
development shall divide equally among the community colleges
thirty percent of the program job credits available for that
fiscal year for allocation to each community college to be used
to provide funding for approved programs. If any portion of
the allocation to a community college under this subsection
has not been committed by April 1 of the fiscal year for which
the allocation is made, the uncommitted portion is available
for use by other community colleges. Once a community college
has committed its allocation for any fiscal year under this
subsection, the community college may receive additional
-1255-program job credit allocations from those program job credits
authorized and still available for that fiscal year.
Sec. 2225. Section 260G.4C, Code 2023, is amended to read
as follows:
260G.4C Facilitator Administration and reporting.
The economic development authority department of workforce
development shall administer the statewide allocations of
program job credits to accelerated career education programs.
The authority department of workforce development shall provide
information about the accelerated career education programs in
accordance with its annual reporting requirements in section
15.107B to the general assembly annually on or before March 15.
Sec. 2226. Section 260G.6, subsection 1, Code 2023, is
amended to read as follows:
1. An accelerated career education fund is established
in the state treasury under the control of the department of
workforce development consisting of moneys appropriated to the
fund for purposes of funding the cost of accelerated career
education program capital projects.
Sec. 2227. TRANSITION PROVISIONS.
1. On the effective date of this division of this Act,
all unencumbered and unobligated moneys remaining in the
accelerated career education fund established in section 260G.6
shall be under the control of the department of workforce
development.
2. a. All agreements entered into by a community college
under section 260G.3 prior to the effective date of this
division of this Act shall be valid and continue as provided
in the terms of the agreement.
b. Job credits shall be honored per an agreement entered
into under paragraph “a” that includes a provision for program
job credits.
OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
Sec. 2228. Section 231.23A, subsection 2, Code 2023, is
amended by striking the subsection.
-1256- Sec. 2229. Section 231.51, Code 2023, is amended to read as
follows:
231.51 Older American community service employment program.
1. The department of workforce development shall direct
and administer the older American community service employment
program as authorized by the federal Act in coordination with
the department of workforce development Older Americans Act of
1965, 42 U.S.C. §3001 et seq., as amended.
2. The purpose of the program is to foster individual
economic self-sufficiency and to increase the number of
participants placed in unsubsidized employment in the public
and private sectors while maintaining the community service
focus of the program.
3. Funds appropriated to the department of workforce
development from the United States department of labor shall
be distributed to subgrantees in accordance with federal
requirements.
4. The department of workforce development shall require
such uniform reporting and financial accounting by subgrantees
as may be necessary to fulfill the purposes of this section.
5. The older American community service employment program
shall be coordinated with the federal Workforce Innovation and
Opportunity Act administered by the department of workforce
development.
Sec. 2230. REPEAL. Section 231.53, Code 2023, is repealed.
Sec. 2231. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 231.51 to section 84A.17.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2232. TRANSITION PROVISIONS. On the effective date
of this division of this Act, all unencumbered and unobligated
moneys remaining in any account or fund under the control of
-1257-the department on aging and relating to this division of this
Act shall be transferred to a comparable fund or account under
the control of the department of workforce development for
purposes of this division of this Act. Notwithstanding section
8.33, the moneys transferred in accordance with this subsection
shall not revert to the account or fund from which the moneys
are appropriated or transferred.
VOCATIONAL REHABILITATION
Sec. 2233. Section 19B.2, subsection 2, Code 2023, is
amended to read as follows:
2. It is the policy of this state to permit special
appointments by bypassing the usual testing procedures for any
applicant for whom the division of vocational rehabilitation
services of the department of education workforce development
or the department for the blind has certified the applicant’s
disability and competence to perform the job. The department
of administrative services, in cooperation with the department
for the blind and the division of vocational rehabilitation
services, shall develop appropriate certification procedures.
This subsection should not be interpreted to bar promotional
opportunities for persons who are blind or persons with
physical or mental disabilities. If this subsection conflicts
with any other provisions of this chapter, the provisions of
this subsection govern.
Sec. 2234. Section 84A.1, subsection 4, Code 2023, is
amended to read as follows:
4. The department of workforce development shall include
the division of labor services, the division of workers’
compensation, vocational rehabilitation services, and other
divisions as appropriate.
Sec. 2235. Section 84A.1A, subsection 1, paragraph a,
subparagraph (7), Code 2023, is amended to read as follows:
(7) The administrator of the division of Iowa vocational
rehabilitation services of the department of education
workforce development or the administrator’s designee.
-1258- Sec. 2236. Section 84A.4, subsection 2, paragraph b,
subparagraph (4), subparagraph division (a), subparagraph
subdivision (iii), Code 2023, is amended to read as follows:
(iii) The members shall include at least one appropriate
representative of the programs carried out under Tit.I of
the federal Rehabilitation Act of 1973, as codified at 29
U.S.C.§720 et seq., relating to vocational rehabilitation
services, excluding 29 U.S.C.§732 and 741, serving the local
workforce development area and nominated by the administrator
of the division of vocational rehabilitation services of the
department of education workforce development or director of
the department for the blind, as appropriate.
Sec. 2237. Section 85.70, subsection 1, Code 2023, is
amended to read as follows:
1. An employee who has sustained an injury resulting
in permanent partial or permanent total disability, for
which compensation is payable under this chapter other than
an injury to the shoulder compensable pursuant to section
85.34, subsection 2, paragraph “n”, and who cannot return
to gainful employment because of such disability, shall upon
application to and approval by the workers’ compensation
commissioner be entitled to a one hundred dollar weekly
payment from the employer in addition to any other benefit
payments, during each full week in which the employee is
actively participating in a vocational rehabilitation program
recognized by the vocational rehabilitation services division
of the department of education workforce development. The
workers’ compensation commissioner’s approval of such
application for payment may be given only after a careful
evaluation of available facts, and after consultation with the
employer or the employer’s representative. Judicial review
of the decision of the workers’ compensation commissioner
may be obtained in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A, and in section
86.26. Such additional benefit payment shall be paid for a
-1259-period not to exceed thirteen consecutive weeks except that
the workers’ compensation commissioner may extend the period
of payment not to exceed an additional thirteen weeks if the
circumstances indicate that a continuation of training will in
fact accomplish rehabilitation.
Sec. 2238. Section 256.1, subsection 1, paragraph d, Code
2023, is amended by striking the paragraph.
Sec. 2239. Section 256.35A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. In addition, representatives of the department of
education, the division of vocational rehabilitation of the
department of education workforce development, the department
of public health, the department of human services, the Iowa
developmental disabilities council, the division of insurance
of the department of commerce, and the state board of regents
shall serve as ex officio members of the advisory council. Ex
officio members shall work together in a collaborative manner
to serve as a resource to the advisory council. The council
may also form workgroups as necessary to address specific
issues within the technical purview of individual members.
Sec. 2240. Section 259.2, Code 2023, is amended to read as
follows:
259.2 Custodian of funds.
1. The treasurer of state is custodian of moneys received
by the state from appropriations made by the Congress of the
United States for the vocational rehabilitation of individuals
with disabilities, and may receive and provide for the proper
custody of the moneys and make disbursement of them the moneys
upon the requisition of the director of the department of
education workforce development.
2. The treasurer of state is appointed custodian of moneys
paid by the federal government to the state for the purpose of
carrying out the agreement relative to making determinations
of disability under Tit.II and Tit.XVI of the federal Social
Security Act as amended, 42 U.S.C. ch.7, and may receive the
-1260-moneys and make disbursements of them the moneys upon the
requisition of the director of the department of education
workforce development.
Sec. 2241. Section 259.3, Code 2023, is amended to read as
follows:
259.3 Board and division Division of vocational
rehabilitation services.
The division of vocational rehabilitation services
is established in the department of education workforce
development. The director of the department of education
workforce development shall cooperate with the United States
secretary of education in carrying out the federal law cited
in sections 259.1 and 259.2 providing for the vocational
rehabilitation of individuals with disabilities. The state
board of education shall adopt rules under chapter 17A for the
administration of this chapter.
Sec. 2242. Section 259.5, Code 2023, is amended to read as
follows:
259.5 Report to governor.
The division of vocational rehabilitation services shall
report biennially to the governor the condition of vocational
rehabilitation within the state, designating the educational
institutions, establishments, plants, factories, and other
agencies in which training is being given, and include a
detailed statement of expenditures of the state and federal
funds in the rehabilitation of individuals with disabilities.
Sec. 2243. Section 259.6, Code 2023, is amended to read as
follows:
259.6 Gifts and donations.
The division of vocational rehabilitation services may
receive gifts and donations from either public or private
sources offered unconditionally or under conditions related to
the vocational rehabilitation of individuals with disabilities
that are consistent with this chapter.
Sec. 2244. Section 259.7, Code 2023, is amended to read as
-1261-follows:
259.7 Fund.
All the moneys received as gifts or donations shall be
deposited in the state treasury and shall constitute a
permanent fund to be called the special fund for the vocational
rehabilitation of individuals with disabilities, to be used
by the director of the department of education workforce
development in carrying out the provisions of this chapter or
for related purposes.
Sec. 2245. Section 259.8, Code 2023, is amended to read as
follows:
259.8 Report of gifts.
A full report of all gifts and donations offered and
accepted, together with the names of the donors name of each
donor and the respective amounts amount contributed by each
donor, and all disbursements from the special fund for the
vocational rehabilitation of individuals with disabilities
shall be submitted at call or biennially to the governor of the
state by the division department of workforce development.
Sec. 2246. NEW SECTION. 259.10 Rules.
The department of workforce development shall adopt rules
under chapter 17A for the administration of this chapter.
Sec. 2247. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 259.1 to section 84G.1.
b. Section 259.2 to section 84G.2.
c. Section 259.3 to section 84G.3.
d. Section 259.4 to section 84G.4.
e. Section 259.5 to section 84G.5.
f. Section 259.6 to section 84G.6.
g. Section 259.7 to section 84G.7.
h. Section 259.8 to section 84G.8.
i. Section 259.9 to section 84G.9.
j. Section 259.10 to section 84G.10.
-1262- 2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2248. TRANSITION PROVISION. The agreement between the
director of the department of education and the commissioner of
the United States social security administration under section
259.9 shall remain in full force and effect until amended,
repealed, or supplemented by the United States social security
administration or by the department of workforce development.
APPRENTICESHIP TRAINING PROGRAM
Sec. 2249. Section 15.106A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. That through this section and section 15.106B, the
authority has been granted broad general powers and specific
program powers over all of the authority’s statutory programs,
including but not limited to the programs created pursuant to
chapters 15, 15A, 15B, 15C, 15E, and 15J.
Sec. 2250. Section 15B.2, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2251. Section 15B.2, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
workforce development.
NEW SUBSECTION. 9A. “Targeted industries” means the
industries of advanced manufacturing, biosciences, and
information technology.
Sec. 2252. Section 15B.2, subsection 7, Code 2023, is
amended to read as follows:
7. “Financial assistance” means assistance provided only
from the funds, rights, and assets legally available to
the authority department and includes but is not limited to
assistance in the forms of grants, loans, forgivable loans, and
royalty payments.
Sec. 2253. Section 15B.3, subsections 1, 2, 3, and 4, Code
2023, are amended to read as follows:
-1263- 1. An apprenticeship training program fund is created as a
revolving fund in the state treasury under the control of the
authority department.
2. The fund shall consist of moneys appropriated for
purposes of the apprenticeship training program, and any other
moneys lawfully available to the authority department for
purposes of this chapter.
3. Moneys in the fund are appropriated to the authority
department for the purposes of this chapter.
4. No more than two percent of the total moneys deposited
in the fund on July 1 of a fiscal year is appropriated to the
authority department for the purposes of administering this
chapter.
Sec. 2254. Section 15B.3, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 2255. Section 15B.4, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An apprenticeship sponsor or lead apprenticeship
sponsor that conducts an apprenticeship program that is
registered with the United States department of labor, office
of apprenticeship, through Iowa, for apprentices who will
be employed at worksites located in this state may apply to
the authority department for financial assistance under this
section if the apprenticeship program includes a minimum of one
hundred contact hours per apprentice for each training year of
the apprenticeship program.
Sec. 2256. Section 15B.4, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The authority department shall provide financial assistance
in the form of training grants to eligible apprenticeship
sponsors or lead apprenticeship sponsors in the following
manner:
Sec. 2257. Section 15B.4, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An apprenticeship sponsor or lead apprenticeship sponsor
-1264-seeking financial assistance under this section shall provide
the following information to the authority department:
Sec. 2258. Section 15B.4, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Any other information the authority department reasonably
determines is necessary.
Sec. 2259. Section 15B.4, subsection 4, Code 2023, is
amended to read as follows:
4. The apprenticeship sponsor or lead apprenticeship
sponsor and the authority department shall enter into an
agreement regarding the provision of any financial assistance
to the apprenticeship sponsor or lead apprenticeship sponsor.
Sec. 2260. NEW SECTION. 15B.5 Rules.
The department shall adopt rules to administer this chapter.
Sec. 2261. 2021 Iowa Acts, chapter 45, section 5, is amended
to read as follows:
SEC. 5. APPLICABILITY. This Act applies to financial
assistance provided by the economic development authority to
apprenticeship sponsors and lead apprenticeship sponsors that
apply for financial assistance on or after July 1, 2021, and on
or before June 30, 2023.
Sec. 2262. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 15B.1 to section 84D.1.
b. Section 15B.2 to section 84D.2.
c. Section 15B.3 to section 84D.3.
d. Section 15B.4 to section 84D.4.
e. Section 15B.5 to section 84D.5.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2263. TRANSITION PROVISION. All agreements entered
into by an apprenticeship sponsor or lead apprenticeship
sponsor and the economic development authority regarding the
-1265-provision of any financial assistance to the apprenticeship
sponsor or lead apprenticeship sponsor prior to the effective
date of this division of this Act shall be valid and continue
as provided in the terms of the agreement.
FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
Sec. 2264. Section 15C.1, subsection 1, paragraph f, Code
2023, is amended by striking the paragraph and inserting in
lieu thereof the following:
f. “Department” means the department of workforce
development.
Sec. 2265. Section 15C.1, subsection 1, paragraphs g and h,
Code 2023, are amended to read as follows:
g. “Eligible apprenticeable occupation” means an
apprenticeable occupation identified by the workforce
development board or a community college pursuant to section
84A.1B, subsection 14, as a high-demand job, after consultation
with the authority.
h. “Financial assistance” means assistance provided only
from the funds, rights, and assets legally available to
the authority department and includes but is not limited
to assistance in the form of a reimbursement grant to
support the costs associated with establishing a new
eligible apprenticeable occupation or an additional eligible
apprenticeable occupation in an applicant’s apprenticeship
program.
Sec. 2266. Section 15C.1, subsection 2, Code 2023, is
amended to read as follows:
2. Program created. Subject to an appropriation of funds
by the general assembly for this purpose, a future ready Iowa
registered apprenticeship development program is created
which shall be administered by the authority department. The
purpose of the program is to provide financial assistance to
incentivize small and medium-sized apprenticeship sponsors to
establish new or additional eligible apprenticeable occupations
in the apprenticeship sponsor’s apprenticeship program in order
-1266-to support the growth of apprenticeship programs and expand
high-quality work-based learning experiences in high-demand
fields and careers for persons who are employed in eligible
apprenticeable occupations in Iowa.
Sec. 2267. Section 15C.1, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An apprenticeship sponsor may apply to the authority
department, on forms provided by the authority department and
in accordance with the authority’s department’s instructions,
to receive financial assistance under the program. The
authority department shall provide upon request and on the
authority’s department’s internet site information about the
program, the application, application instructions, and the
application period established each year for funding available
under the program. The application shall include a description
of how the financial assistance awarded under this section
would be used to establish an apprenticeship program or add new
or additional apprenticeable occupations to the apprenticeship
sponsor’s apprenticeship program and the anticipated program
expenses identified by the applicant.
Sec. 2268. Section 15C.1, subsection 3, paragraph a,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Twenty or fewer apprentices are registered in the
existing apprenticeship program as of December 31 of the
calendar year prior to the date the authority department
receives the apprenticeship sponsor’s application.
(2) More than seventy percent of the applicant’s
apprentices shall be are residents of Iowa, and the remainder
of the applicant’s apprentices shall be are residents of states
contiguous to Iowa. In determining the number of apprentices
in an applicant’s apprenticeship program, the authority
department may calculate the average number of apprentices in
the program within the most recent two-year period.
Sec. 2269. Section 15C.1, subsections 4 and 5, Code 2023,
-1267-are amended to read as follows:
4. Rules. The authority department shall adopt rules
pursuant to chapter 17A establishing a staff review and
application approval process, application scoring criteria, the
minimum score necessary for approval of financial assistance,
procedures for notification of an award of financial
assistance, the terms of agreement between the apprenticeship
sponsor and the authority department, and any other rules
deemed necessary for the implementation and administration of
this section.
5. Agreement. Prior to distributing financial assistance
under this section, the authority department shall enter
into an agreement with the apprenticeship sponsor awarded
financial assistance in accordance with this section, and the
financial assistance recipient shall confirm the expenses for
establishing the program or adding the additional occupations
as identified in the approved application, and shall meet all
terms established by the authority department for receipt of
financial assistance under this section.
Sec. 2270. Section 15C.1, subsection 6, paragraph b, Code
2023, is amended to read as follows:
b. Notwithstanding section 8.33, moneys appropriated to the
authority department by the general assembly for purposes of
this section that remain unencumbered or unobligated at the
end of the fiscal year shall not revert to the general fund
but shall remain available for expenditure for the purposes
designated in subsequent fiscal years.
Sec. 2271. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 15C.1 to section 84E.1.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section, including references to chapter 15C.
Sec. 2272. TRANSITION PROVISION. All agreements entered
-1268-into by an apprenticeship sponsor and the economic development
authority under section 15C.1, subsection 5, prior to the
effective date of this division of this Act shall be valid and
continue as provided in the terms of the agreement.
FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
OPPORTUNITIES PROGRAM
Sec. 2273. Section 15C.2, subsection 1, paragraph e, Code
2023, is amended by striking the paragraph and inserting in
lieu thereof the following:
e. “Department” means the department of workforce
development.
Sec. 2274. Section 15C.2, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. “Financial assistance” means assistance provided only
from the funds, rights, and assets legally available to
the authority department and includes but is not limited
to assistance in the form of a reimbursement grant of one
thousand dollars per apprentice in an eligible apprenticeable
occupation.
Sec. 2275. Section 15C.2, subsection 2, Code 2023, is
amended to read as follows:
2. Program created. Subject to an appropriation of funds
by the general assembly for this purpose, a future ready Iowa
expanded registered apprenticeship opportunities program
is created which shall be administered by the authority
department. The purpose of the program is to provide
financial assistance to encourage apprenticeship sponsors of
apprenticeship programs with twenty or fewer apprentices to
maintain apprenticeship programs in high-demand occupations.
Sec. 2276. Section 15C.2, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An eligible apprenticeship sponsor may apply to the
authority department, on forms provided by the authority
department and in accordance with the authority’s department’s
instructions, to receive financial assistance under the
-1269-program. The authority department shall provide upon request
and on the authority’s department’s internet site information
about the program, the application, application instructions,
and the application period established each year for funding
available under the program.
Sec. 2277. Section 15C.2, subsection 3, paragraph a,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Twenty or fewer apprentices are registered in the
apprenticeship program as of December 31 of the calendar
year prior to the date the authority department receives the
eligible apprenticeship sponsor’s application.
(2) More than seventy percent of the applicant’s
apprentices are residents of Iowa, and the remainder of the
applicant’s apprentices are residents of states contiguous
to Iowa. In determining the number of apprentices in an
applicant’s apprenticeship program, the authority department
may calculate the average number of apprentices in the program
within the most recent two-year period.
Sec. 2278. Section 15C.2, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. Rules. The authority department shall adopt rules
pursuant to chapter 17A establishing a staff review and
application approval process, application scoring criteria, the
minimum score necessary for approval of financial assistance,
procedures for notification of an award of financial
assistance, the terms of agreement between the apprenticeship
sponsor and the authority department, and any other rules
deemed necessary for the implementation and administration of
this section.
5. Agreement. Prior to distributing financial assistance
under this section, the authority department shall enter into
an agreement with the eligible apprenticeship sponsor awarded
financial assistance in accordance with this section, and
the financial assistance recipient shall confirm the number
-1270-of apprentices in eligible apprenticeable occupations as
identified in the approved application, and shall meet all
terms established by the authority department for receipt of
financial assistance under this section.
Sec. 2279. Section 15C.2, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. Notwithstanding section 8.33, moneys appropriated to the
authority department by the general assembly for purposes of
this section that remain unencumbered or unobligated at the
end of the fiscal year shall not revert to the general fund
but shall remain available for expenditure for the purposes
designated in subsequent fiscal years.
Sec. 2280. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 15C.2 to section 84E.2.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section, including references to chapter 15C.
Sec. 2281. TRANSITION PROVISION. All agreements entered
into by an apprenticeship sponsor and the economic development
authority under section 15C.2, subsection 5, regarding the
provision of any financial assistance to the apprenticeship
sponsor prior to the effective date of this division of this
Act shall be valid and continue as provided in the terms of the
agreement.
EMPLOYMENT AGENCIES
Sec. 2282. Section 94A.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Commissioner” “Director” means the labor commissioner,
appointed pursuant to section 91.2, director of the department
of workforce development or the labor commissioner’s director’s
designee.
Sec. 2283. Section 94A.2, Code 2023, is amended to read as
follows:
-1271- 94A.2 Licensing.
1. An employment agency shall obtain a license from the
commissioner director prior to transacting any business.
Licenses expire on June 30 of each year.
2. A license application shall be in the form prescribed by
the commissioner director and shall be accompanied by all of
the following:
a. A surety company bond in the sum of thirty thousand
dollars, to be approved by the commissioner director and
conditioned to pay any damages that may accrue to any person
due to a wrongful act or violation of law on the part of the
applicant in the conduct of business.
b. The schedule of fees to be charged by the employment
agency.
c. All contract forms to be signed by an employee.
d. An application fee of seventy-five dollars.
3. The commissioner director shall grant or deny a license
within thirty days from the filing date of a completed
application.
4. The commissioner director may revoke, suspend, or annul a
license in accordance with chapter 17A upon good cause pursuant
to rules adopted by the director.
Sec. 2284. Section 94A.4, subsection 4, paragraph d, Code
2023, is amended to read as follows:
d. Charge an employee any fee greater than the fee schedule
on file with the commissioner director without prior consent
of the commissioner director.
Sec. 2285. Section 94A.5, Code 2023, is amended to read as
follows:
94A.5 Powers and duties of the commissioner director.
1. At any time, the commissioner The director may examine
the records, books, and any papers relating to the conduct and
operation of an employment agency at any time.
2. The commissioner shall adopt rules pursuant to chapter
17A to administer this chapter.
-1272- Sec. 2286. Section 94A.6, Code 2023, is amended to read as
follows:
94A.6 Violations.
1. A person who violates a provision of this chapter or who
refuses the commissioner director access to records, books, and
papers pursuant to an examination under section 94A.5 shall be
guilty of a simple misdemeanor.
2. If a person violates a provision of this chapter or
refuses the commissioner director access to records, books,
and papers pursuant to an examination under section 94A.5, the
commissioner director shall assess a civil penalty against the
person in an amount not greater than two thousand dollars.
Sec. 2287. NEW SECTION. 94A.7 Rules.
1. The director shall adopt rules pursuant to chapter 17A to
administer this chapter.
2. The director may establish rules pursuant to chapter
17A to assess and collect interest on fees and penalties owed
to the department of workforce development. The director may
delay or, following written notice, deny the issuance of a
license, if the applicant for the license owes a debt to the
department of workforce development.
Sec. 2288. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 94A.1 to section 84H.1.
b. Section 94A.2 to section 84H.2.
c. Section 94A.3 to section 84H.3.
d. Section 94A.4 to section 84H.4.
e. Section 94A.5 to section 84H.5.
f. Section 94A.6 to section 84H.6.
g. Section 94A.7 to section 84H.7.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
REPORTS AND RECORDS
-1273- Sec. 2289. Section 91.12, Code 2023, is amended to read as
follows:
91.12 Reports and records to division of labor services.
1. An owner, operator, or manager of every factory,
mill, workshop, mine, store, railway, business house, public
or private work, or any other establishment where labor is
employed, shall submit to the division of labor services
department of workforce development reports in the form
and manner prescribed by the commissioner director of the
department of workforce development by rule, for the purpose of
compiling labor statistics. The owner, operator, or business
manager shall submit the reports within sixty days from receipt
of notice, and shall certify under oath the accuracy of the
reports. For purposes of this section, “factory”, “mill”,
“workshop”, “mine”, “store”, “railway”, “business house”, and
“public or private work” shall mean any factory, mill, workshop,
mine, store, railway, business house, or public or private work
where wage earners are employed for compensation.
2. Notwithstanding chapter 22, records containing submitted
under subsection 1 that contain identifiable financial
institution or credit card account numbers obtained by the
commissioner shall be kept confidential.
3. a. Any officer or employee of the department of
workforce development who makes unlawful use of a report
submitted under subsection 1 shall be guilty of a serious
misdemeanor.
b. Any person who has access to a report submitted under
subsection 1 who makes unlawful use of the report shall be
guilty of a serious misdemeanor.
c. Any owner, operator, or manager of a factory, mill,
workshop, mine, store, railway, business house, or public or
private work who fails to submit the report required under
subsection 1 shall be guilty of a simple misdemeanor.
4. The director of the department of workforce development
shall adopt rules pursuant to chapter 17A to administer this
-1274-section.
Sec. 2290. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 91.12 to section 84A.18.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
ADULT EDUCATION
Sec. 2291. NEW SECTION. 84A.19 Adult education and literacy
programs.
1. For purposes of this section, unless the context
otherwise requires:
a. “Adult education and literacy programs” means adult basic
education, adult education leading to a high school equivalency
diploma under chapter 259A, English as a second language
instruction, and workplace and family literacy instruction.
b. “Community colleges” means the same as defined in section
260C.2.
2. The department of workforce development and community
colleges shall jointly implement adult education and literacy
programs to assist adults and youths sixteen years of age and
older who are not in school in obtaining the knowledge and
skills necessary for further education, work, and community
involvement.
3. The department of workforce development, in consultation
with community colleges, shall prescribe standards for adult
education and literacy programs including but not limited
to contextualized and integrated instruction, assessments,
instructor qualification and professional development, data
collection and reporting, and performance benchmarks.
4. The department of workforce development, in consultation
with community colleges, shall adopt rules pursuant to chapter
17A to administer this section.
Sec. 2292. Section 260C.50, Code 2023, is amended to read
-1275-as follows:
260C.50 Adult education and literacy programs.
1. For purposes of this section, “adult education and
literacy programs” means adult basic education, adult education
leading to a high school equivalency diploma under chapter
259A, English as a second language instruction, workplace and
family literacy instruction, or integrated basic education and
technical skills instruction.
2. The department and the community colleges shall jointly
implement adult education and literacy programs to assist
adults and youths sixteen years of age and older who are not
in school in obtaining the knowledge and skills necessary for
further education, work, and community involvement.
3. The state board, in consultation with the community
colleges, shall prescribe standards for adult education and
literacy programs including but not limited to contextualized
and integrated instruction, assessments, instructor
qualification and professional development, data collection and
reporting, and performance benchmarks.
4. The state board, in consultation with the community
colleges, shall adopt rules pursuant to chapter 17A to
administer this section.
DIVISION XII
DEPARTMENT OF REVENUE
IOWA LOTTERY
Sec. 2293. Section 7E.6, subsection 3, Code 2023, is amended
to read as follows:
3. Any position of membership on the board of the Iowa
lottery authority board created in section 99G.8 shall receive
compensation of fifty dollars per day and expenses.
Sec. 2294. Section 68B.35, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. Members of the state banking council, the Iowa ethics
and campaign disclosure board, the credit union review board,
the economic development authority, the employment appeal
-1276-board, the environmental protection commission, the health
facilities council, the Iowa finance authority, the Iowa public
employees’ retirement system investment board, the board of
the Iowa lottery authority board created in section 99G.8, the
natural resource commission, the board of parole, the petroleum
underground storage tank fund board, the public employment
relations board, the state racing and gaming commission, the
state board of regents, the transportation commission, the
office of consumer advocate, the utilities board, the Iowa
telecommunications and technology commission, and any full-time
members of other boards and commissions as defined under
section 7E.4 who receive an annual salary for their service
on the board or commission. The Iowa ethics and campaign
disclosure board shall conduct an annual review to determine
if members of any other board, commission, or authority should
file a statement and shall require the filing of a statement
pursuant to rules adopted pursuant to chapter 17A.
Sec. 2295. Section 99B.1, subsection 22, Code 2023, is
amended to read as follows:
22. “Merchandise” means goods or services that are bought
and sold in the regular course of business. “Merchandise”
includes lottery tickets or shares sold or authorized under
chapter 99G. The value of the lottery ticket or share is the
price of the lottery ticket or share as established by the Iowa
lottery authority department of revenue pursuant to chapter
99G. “Merchandise” includes a gift card if the gift card is not
redeemable for cash.
Sec. 2296. Section 99G.1, Code 2023, is amended to read as
follows:
99G.1 Title.
This chapter may be cited as the “Iowa Lottery Authority
Act”.
Sec. 2297. Section 99G.2, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 2298. Section 99G.3, subsections 2 and 4, Code 2023,
-1277-are amended by striking the subsections.
Sec. 2299. Section 99G.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 1A. “Administrator” means the administrator
of the Iowa lottery appointed pursuant to section 99G.5.
NEW SUBSECTION. 4A. “Department” means the department of
revenue.
NEW SUBSECTION. 4B. “Director” means the director of the
department of revenue or the director’s designee.
NEW SUBSECTION. 4C. “Division” means the Iowa lottery
division of the department of revenue.
Sec. 2300. Section 99G.3, subsections 3, 7, 14, and 18, Code
2023, are amended to read as follows:
3. “Board” means the board of directors of the authority
Iowa lottery created in section 99G.8.
7. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
or “lottery products” means any game of chance approved by the
board and operated pursuant to this chapter and games using
mechanical or electronic devices, provided that the authority
division shall not authorize a monitor vending machine or a
player-activated gaming machine that utilizes an internal
randomizer to determine winning and nonwinning plays and that
upon random internal selection of a winning play dispenses
coins, currency, or a ticket, credit, or token to the player
that is redeemable for cash or a prize, and excluding gambling
or gaming conducted pursuant to chapter 99B, 99D, or 99F.
14. “Retailer” means a person who sells lottery tickets
or shares on behalf of the authority division pursuant to a
license issued by the authority department.
18. “Vendor” means a person who provides or proposes to
provide goods or services to the authority department pursuant
to a major procurement contract, but does not include an
employee of the authority department under this chapter, a
retailer, or a state agency or instrumentality thereof.
Sec. 2301. Section 99G.3, subsection 8, Code 2023, is
-1278-amended by striking the subsection.
Sec. 2302. Section 99G.4, Code 2023, is amended to read as
follows:
99G.4 Iowa lottery authority created.
1. An Iowa lottery authority is created, effective
September 1, 2003, which shall administer the state lottery be
administered by the division. The authority shall be deemed to
be a public authority and an instrumentality of the state, and
not a state agency. However, the authority shall be considered
a state agency for purposes of chapters 17A, 21, 22, 28E, 68B,
91B, 97B, 509A, and 669.
2. The income and property of the authority department under
this chapter shall be exempt from all state and local taxes,
and the sale of lottery tickets and shares issued and sold by
the authority division and its retail licensees shall be exempt
from all state and local sales taxes.
Sec. 2303. Section 99G.5, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
99G.5 Lottery administrator.
1. An administrator of the lottery under this chapter shall
be appointed by the governor subject to confirmation by the
senate and shall serve at the pleasure of the governor. The
administrator shall be qualified by training and experience to
manage a lottery.
2. The salary of the lottery administrator shall be set by
the governor within the applicable salary range established by
the general assembly.
3. The lottery administrator shall be an employee of the
department and shall direct the day-to-day operations and
management of the lottery under this chapter as specified by
the director.
Sec. 2304. Section 99G.6, Code 2023, is amended to read as
follows:
99G.6 Power to administer oaths and take testimony —
subpoena.
-1279- The chief executive officer administrator or the chief
executive officer’s administrator’s designee if authorized
to conduct an inquiry, investigation, or hearing under
this chapter may administer oaths and take testimony under
oath relative to the matter of inquiry, investigation, or
hearing. At a hearing ordered by the chief executive officer
administrator, the chief executive officer administrator or the
designee may subpoena witnesses and require the production of
records, paper, or documents pertinent to the hearing.
Sec. 2305. Section 99G.7, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The chief executive officer of the authority administrator
shall direct and supervise all administrative and technical
activities in accordance with the provisions of this
chapter and with the administrative rules, policies, and
procedures adopted by the board. The chief executive officer
administrator shall do all of the following:
Sec. 2306. Section 99G.7, subsection 1, paragraphs b and c,
Code 2023, are amended by striking the paragraphs.
Sec. 2307. Section 99G.7, subsection 1, paragraphs d, e, f,
g, and i, Code 2023, are amended to read as follows:
d. Promote or provide for promotion of the lottery and any
functions related to the authority division under this chapter.
e. Prepare a budget for the approval of the board director
for activities of the division under this chapter.
f. Require bond from such retailers and vendors in such
amounts as required by the board division.
g. Report semiannually to the general assembly’s standing
committees on government oversight regarding the operations of
the authority division.
i. Perform other duties generally associated with a chief
executive officer of an authority of an entrepreneurial nature
as necessary to administer this chapter.
Sec. 2308. Section 99G.7, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
-1280- 2. The chief executive officer administrator shall conduct
an ongoing study of the operation and administration of lottery
laws similar to this chapter in other states or countries,
of available literature on the subject, of federal laws and
regulations which may affect the operation of the lottery
and of the reaction of citizens of this state to existing
or proposed features of lottery games with a view toward
implementing improvements that will tend to serve the purposes
of this chapter.
3. The chief executive officer director may for good cause
suspend, revoke, or refuse to renew any contract entered into
in accordance with the provisions of this chapter or the
administrative rules, policies, and procedures of the board.
4. The chief executive officer or the chief executive
officer’s designee administrator or the administrator’s
designee may conduct hearings and administer oaths to persons
for the purpose of assuring the security or integrity of
lottery operations or to determine the qualifications of or
compliance by vendors and retailers.
Sec. 2309. Section 99G.8, subsections 1, 4, 6, and 13, Code
2023, are amended to read as follows:
1. The authority shall be administered by a A board of
directors comprised of five members appointed by the governor
subject to confirmation by the senate is created within the
department. Board members appointed when the senate is not
in session shall serve only until the end of the next regular
session of the general assembly, unless confirmed by the
senate.
4. No officer or employee of the authority department shall
be a member of the board.
6. A majority of members in office shall constitute a quorum
for the transaction of any business and for the exercise of any
power or function of the authority board.
13. Board members shall not have any direct or indirect
interest in an undertaking that puts their personal interest
-1281-in conflict with that of the authority department under this
chapter including but not limited to an interest in a major
procurement contract or a participating retailer.
Sec. 2310. Section 99G.8, subsection 15, Code 2023, is
amended by striking the subsection.
Sec. 2311. Section 99G.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The board shall provide the chief executive officer director
and the administrator with private-sector perspectives of a
large marketing enterprise. The board shall do all of the
following:
Sec. 2312. Section 99G.9, subsections 1 and 5, Code 2023,
are amended by striking the subsections.
Sec. 2313. Section 99G.9, subsection 2, Code 2023, is
amended to read as follows:
2. Approve, disapprove, amend, or modify the terms of major
lottery procurements recommended by the chief executive officer
administrator.
Sec. 2314. Section 99G.9, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Adopt policies and procedures and promulgate administrative
rules pursuant to chapter 17A relating to the management and
operation of the authority Iowa lottery. The administrative
rules promulgated pursuant to this subsection may include but
shall not be limited to the following:
Sec. 2315. Section 99G.9, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. The number and amount of prizes, including but not
limited to prizes of free tickets or shares in lottery games
conducted by the authority division and merchandise prizes.
The authority division shall maintain and make available for
public inspection at its offices during regular business hours
a detailed listing of the estimated number of prizes of each
particular denomination that are expected to be awarded in
any game that is on sale or the estimated odds of winning the
-1282-prizes and, after the end of the claim period, shall maintain
and make available a listing of the total number of tickets
or shares sold in a game and the number of prizes of each
denomination that were awarded.
Sec. 2316. Section 99G.9, subsection 3, paragraph j, Code
2023, is amended by striking the paragraph.
Sec. 2317. Section 99G.9, subsection 4, Code 2023, is
amended to read as follows:
4. Adopt game specific rules. The promulgation of game
specific rules shall not be subject to the requirements of
chapter 17A. However, game specific rules shall be made
available to the public prior to the time the games go on
sale and shall be kept on file at the office of the authority
division.
Sec. 2318. Section 99G.10, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
99G.10 Lottery personnel.
1. An employee of the division shall not have a financial
interest in any vendor doing business or proposing to do
business with the department under this chapter. However, an
employee may own shares of a mutual fund which may hold shares
of a vendor corporation provided the employee does not have the
ability to influence the investment functions of the mutual
fund.
2. An employee of the division with decision-making
authority under this chapter shall not participate in any
decision involving a retailer with whom the employee has a
financial interest.
3. A background investigation shall be conducted by
the department of public safety, division of criminal
investigation, on each applicant who has reached the final
selection process prior to employment by the department under
this chapter. For positions not designated as sensitive by the
department, the investigation may consist of a state criminal
history background check, work history, and financial review.
-1283-The department shall identify those sensitive positions of
the division which require full background investigations,
which positions shall include, at a minimum, any officer of
the division, and any employee with operational management
responsibilities, security duties, or system maintenance or
programming responsibilities related to the division’s data
processing or network hardware, software, communication, or
related systems under this chapter. In addition to a work
history and financial review, a full background investigation
may include a national criminal history check through the
federal bureau of investigation. The screening of employees
through the federal bureau of investigation shall be conducted
by submission of fingerprints through the state criminal
history repository to the federal bureau of investigation. The
results of background investigations conducted pursuant to this
section shall not be considered public records under chapter
22.
4. A person who has been convicted of a felony or bookmaking
or other form of illegal gambling or of a crime involving moral
turpitude shall not be employed by the department under this
chapter.
5. The department shall bond employees with access to Iowa
lottery funds or lottery revenue under this chapter in such
an amount as provided by the department and may bond other
employees under this chapter as deemed necessary.
Sec. 2319. Section 99G.11, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A member of the board, any officer, or other employee
of the authority division shall not directly or indirectly,
individually, as a member of a partnership or other
association, or as a shareholder, director, or officer of a
corporation have an interest in a business that contracts for
the operation or marketing of the lottery as authorized by this
chapter, unless the business is controlled or operated by a
consortium of lotteries in which the authority division has an
-1284-interest.
2. Notwithstanding the provisions of chapter 68B, a
person contracting or seeking to contract with the state to
supply gaming equipment or materials for use in the operation
of the lottery, an applicant for a license to sell tickets
or shares in the lottery, or a retailer shall not offer a
member of the board, any officer, or other employee of the
authority division, or a member of their immediate family a
gift, gratuity, or other thing having a value of more than the
limits established in chapter 68B, other than food and beverage
consumed at a meal. For purposes of this subsection, “member
of their immediate family” means a spouse, child, stepchild,
brother, brother-in-law, stepbrother, sister, sister-in-law,
stepsister, parent, parent-in-law, or step-parent of the board
member, the officer, or other employee who resides in the same
household in the same principal residence of the board member,
officer, or other employee.
3. If a board member, officer, or other employee of the
authority division violates a provision of this section, the
board member, officer, or employee shall be immediately removed
from the office or position.
Sec. 2320. Section 99G.12, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. The self-service kiosk shall be owned or leased by the
authority department.
b. The self-service kiosk shall only be located in a retail
location licensed by the authority division pursuant to this
chapter. The authority division shall determine, in its sole
discretion, the placement of the self-service kiosk.
Sec. 2321. Section 99G.21, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. Funds of the state shall not be used or obligated to pay
the expenses or prizes of the authority department under this
chapter.
3. Notwithstanding any other provision of law, any
-1285-purchase of real property and any borrowing of more than one
million dollars by the authority department for purposes of
this chapter shall require written notice from the authority
department to the general assembly’s standing committees on
government oversight and the prior approval of the executive
council.
4. The powers enumerated in this section are cumulative of
and in addition to those powers enumerated elsewhere in this
chapter and no such powers limit or restrict any other powers
of the authority department under this chapter.
5. Departments, boards, commissions, or other agencies of
this state shall provide reasonable assistance and services to
the authority department for purposes of this chapter upon the
request of the chief executive officer director.
Sec. 2322. Section 99G.21, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The authority shall have any and all powers necessary
or convenient to carry out and effectuate department, in
carrying out the purposes and provisions of this chapter which
are not in conflict with the Constitution of the State of
Iowa, including, but without limiting the generality of the
foregoing, shall have the following powers:
Sec. 2323. Section 99G.21, subsection 2, paragraphs h, i, l,
p, and q, Code 2023, are amended by striking the paragraphs.
Sec. 2324. Section 99G.22, subsections 1, 3, 4, and 6, Code
2023, are amended to read as follows:
1. The authority department shall investigate the financial
responsibility, security, and integrity of any lottery system
vendor who is a finalist in submitting a bid, proposal, or
offer as part of a major procurement contract. Before a major
procurement contract is awarded, the division of criminal
investigation of the department of public safety shall conduct
a background investigation of the vendor to whom the contract
is to be awarded. The chief executive officer and board
administrator shall consult with the division of criminal
-1286-investigation and shall provide for the scope of the background
investigation and due diligence to be conducted in connection
with major procurement contracts. At the time of submitting
a bid, proposal, or offer to the authority department on a
major procurement contract, the authority shall require that
each vendor shall be required to submit to the division of
criminal investigation appropriate investigation authorization
to facilitate this investigation, together with an advance
of funds to meet the anticipated investigation costs. If
the division of criminal investigation determines that
additional funds are required to complete an investigation,
the vendor will be so advised. The background investigation
by the division of criminal investigation may include a
national criminal history check through the federal bureau of
investigation. The screening of vendors or their employees
through the federal bureau of investigation shall be conducted
by submission of fingerprints through the state criminal
history repository to the federal bureau of investigation.
3. A major procurement contract shall not be entered into
with any lottery system vendor who has not complied with
the disclosure requirements described in this section, and
anycontract with such a vendor is voidable at the option
of the authority. Any contract with a vendor that does not
comply with the requirements for periodically updating such
disclosures during the tenure of the contract as may be
specified in such contract may be terminated by the authority.
The provisions of this section shall be construed broadly
and liberally to achieve the ends of full disclosure of
all information necessary to allow for a full and complete
evaluation by the authority department of the competence,
integrity, background, and character of vendors for major
procurements.
4. A major procurement contract shall not be entered into
with any vendor who has been found guilty of a felony related
to the security or integrity of the lottery in this or any
-1287-other jurisdiction.
6. If, based on the results of a background investigation,
the board department determines that the best interests of
the authority department, including but not limited to the
authority’s department’s reputation for integrity, would be
served thereby, the board department may disqualify a potential
vendor from contracting with the authority department for a
major procurement contract or from acting as a subcontractor in
connection with a contract for a major procurement contract.
Sec. 2325. Section 99G.22, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2326. Section 99G.23, Code 2023, is amended to read as
follows:
99G.23 Vendor bonding, and tax filing, and competitive
bidding.
1. The authority may purchase, lease, or lease-purchase
such goods or services as are necessary for effectuating the
purposes of this chapter. The authority division may make
procurements that integrate functions such as lottery game
design, lottery ticket distribution to retailers, supply of
goods and services, and advertising. In all procurement
decisions under this chapter, the authority division shall
take into account the particularly sensitive nature of the
lottery and shall act to promote and ensure security, honesty,
fairness, and integrity in the operation and administration
of the lottery and the objectives of raising net proceeds for
state programs.
2. Each vendor shall, at the execution of the contract
with the authority division, post a performance bond or letter
of credit from a bank or credit provider acceptable to the
authority division in an amount as deemed necessary by the
authority division for that particular bid or contract.
3. Each vendor shall be qualified to do business in this
state and shall file appropriate tax returns as provided by the
laws of this state.
-1288- 4. All major procurement contracts must be competitively
bid pursuant to policies and procedures approved by the board
unless there is only one qualified vendor and that vendor has
an exclusive right to offer the service or product.
Sec. 2327. Section 99G.24, Code 2023, is amended to read as
follows:
99G.24 Retailer compensation — licensing.
1. The general assembly recognizes that to conduct a
successful lottery, the authority department must develop and
maintain a statewide network of lottery retailers that will
serve the public convenience and promote the sale of tickets
or shares and the playing of lottery games while ensuring the
integrity of the lottery operations, games, and activities.
2. The board shall determine the compensation to be paid
to licensed retailers. Compensation may include provision
for variable payments based on sales volume or incentive
considerations.
3. The authority department shall issue a license
certificate to each person with whom it contracts as a retailer
for purposes of display as provided in this section. Every
lottery retailer shall post its license certificate, or a
facsimile thereof, and keep it conspicuously displayed in a
location on the premises accessible to the public. No license
shall be assignable or transferable. Once issued, a license
shall remain in effect until canceled, suspended, or terminated
by the authority department.
4. A licensee under this section shall cooperate with the
authority department by using point-of-purchase materials,
posters, and other marketing material when requested to do so
by the authority department. Lack of cooperation is sufficient
cause for revocation of a retailer’s license.
5. The board shall develop a list of objective criteria upon
which the qualification of lottery retailers shall be based.
Separate criteria shall be developed to govern the selection
of retailers of instant tickets and on-line retailers. In
-1289-developing these criteria, the board shall consider such
factors as the applicant’s financial responsibility, security
of the applicant’s place of business or activity, accessibility
to the public, integrity, and reputation. The criteria shall
include but not be limited to the volume of expected sales
and the sufficiency of existing licensees to serve the public
convenience.
6. The applicant shall be current in filing all applicable
tax returns to the state of Iowa and in payment of all taxes,
interest, and penalties owed to the state of Iowa, excluding
items under formal appeal pursuant to applicable statutes. The
department of revenue is authorized and directed to provide
this information to the authority those employees of the
division designated to receive this information.
7. A person, partnership, unincorporated association,
authority, or other business entity shall not be selected as
a lottery retailer if the person or entity meets any of the
following conditions:
a. Has been convicted of a criminal offense related to
the security or integrity of the lottery in this or any other
jurisdiction.
b. Has been convicted of any illegal gambling activity,
false statements, perjury, fraud, or a felony in this or any
other jurisdiction.
c. Has been found to have violated the provisions of
this chapter or any regulation, policy, or procedure of
the authority or of the lottery division unless either ten
years have passed since the violation or the board finds the
violation both minor and unintentional in nature.
d. Is a vendor or any employee or agent of any vendor doing
business with the authority department under this chapter or
the division.
e. Resides in the same household as an officer of the
authority division.
f. Is less than eighteen years of age.
-1290- g. Does not demonstrate financial responsibility sufficient
to adequately meet the requirements of the proposed enterprise.
h. Has not demonstrated that the applicant is the true
owner of the business proposed to be licensed and that all
persons holding at least a ten percent ownership interest in
the applicant’s business have been disclosed.
i. Has knowingly made a false statement of material fact to
the authority department.
8. Persons applying to become lottery retailers may be
charged a uniform application fee for each lottery outlet.
9. Any lottery retailer contract executed pursuant to
this section may, for good cause, be suspended, revoked, or
terminated by the chief executive officer director or the
chief executive officer’s director’s designee if the retailer
is found to have violated any provision of this chapter
or objective criteria established by the board. Cause for
suspension, revocation, or termination may include, but is not
limited to, sale of tickets or shares to a person under the
age of twenty-one and failure to pay for lottery products in a
timely manner.
Sec. 2328. Section 99G.25, Code 2023, is amended to read as
follows:
99G.25 License not assignable.
Any lottery retailer license certificate or contract shall
not be transferable or assignable. The authority department
may issue a temporary license when deemed in the best interests
of the state. A lottery retailer shall not contract with any
person for lottery goods or services, except with the approval
of the board.
Sec. 2329. Section 99G.26, Code 2023, is amended to read as
follows:
99G.26 Retailer bonding.
The authority department may require any retailer to post an
appropriate bond, as determined by the authority department,
using a cash bond or an insurance company acceptable to the
-1291-authority department.
Sec. 2330. Section 99G.27, Code 2023, is amended to read as
follows:
99G.27 Lottery retail licenses — cancellation, suspension,
revocation, or termination.
1. A lottery retail license issued by the authority
department pursuant to this chapter may be canceled, suspended,
revoked, or terminated by the authority department for reasons
including, but not limited to, any of the following:
a. A violation of this chapter, a regulation, or a policy or
procedure of the authority division.
b. Failure to accurately or timely account or pay for
lottery products, lottery games, revenues, or prizes as
required by the authority division.
c. Commission of any fraud, deceit, or misrepresentation.
d. Insufficient sales.
e. Conduct prejudicial to public confidence in the lottery.
f. The retailer filing for or being placed in bankruptcy or
receivership.
g. Any material change as determined in the sole discretion
of the authority department in any matter considered by
the authority department in executing the contract with the
retailer.
h. Failure to meet any of the objective criteria established
by the authority division pursuant to this chapter.
i. Other conduct likely to result in injury to the property,
revenue, or reputation of the authority department under this
chapter.
2. A lottery retailer license may be temporarily suspended
by the authority department without prior notice if the
chief executive officer director or designee determines that
further sales by the licensed retailer are likely to result in
immediate injury to the property, revenue, or reputation of the
authority department.
3. The board shall adopt administrative rules governing
-1292-appeals of lottery retailer licensing disputes.
Sec. 2331. Section 99G.28, Code 2023, is amended to read as
follows:
99G.28 Proceeds held in trust.
All proceeds from the sale of the lottery tickets or shares
shall constitute a trust fund until paid to the authority
division directly, through electronic funds transfer to the
authority division, or through the authority’s division’s
authorized collection representative. A lottery retailer
and officers of a lottery retailer’s business shall have a
fiduciary duty to preserve and account for lottery proceeds and
lottery retailers shall be personally liable for all proceeds.
Proceeds shall include unsold products received but not paid
for by a lottery retailer and cash proceeds of the sale of any
lottery products net of allowable sales commissions and credit
for lottery prizes paid to winners by lottery retailers. Sales
proceeds of pull-tab tickets shall include the sales price
of the lottery product net of allowable sales commission and
prizes contained in the product. Sales proceeds and unused
instant tickets shall be delivered to the authority division or
its authorized collection representative upon demand.
Sec. 2332. Section 99G.29, Code 2023, is amended to read as
follows:
99G.29 Retailer rental calculations — lottery ticket sales
treatment.
If a lottery retailer’s rental payments for the business
premises are contractually computed, in whole or in part, on
the basis of a percentage of retail sales and such computation
of retail sales is not explicitly defined to include sales
of tickets or shares in a state-operated or state-managed
lottery, only the compensation received by the lottery retailer
from the authority department may be considered the amount of
the lottery retail sale for purposes of computing the rental
payment.
Sec. 2333. Section 99G.30, Code 2023, is amended to read as
-1293-follows:
99G.30 Ticket sales requirements — penalties.
1. Lottery tickets or shares may be distributed by the
authority division for promotional purposes.
2. A ticket or share shall not be sold at a price other
than that fixed by the authority division and a sale shall not
be made other than by a retailer or an employee of the retailer
who is authorized by the retailer to sell tickets or shares. A
person who violates a provision of this subsection is guilty
of a simple misdemeanor.
3. A ticket or share shall not be sold to a person who has
not reached the age of twenty-one. Any person who knowingly
sells a lottery ticket or share to a person under the age
of twenty-one shall be guilty of a simple misdemeanor. It
shall be an affirmative defense to a charge of a violation
under this section that the retailer reasonably and in good
faith relied upon presentation of proof of age in making the
sale. A prize won by a person who has not reached the age
of twenty-one but who purchases a winning ticket or share in
violation of this subsection shall be forfeited. This section
does not prohibit the lawful purchase of a ticket or share for
the purpose of making a gift to a person who has not reached the
age of twenty-one. The board shall adopt administrative rules
governing the payment of prizes to persons who have not reached
the age of twenty-one.
4. Except for the authority department, a retailer shall
only sell lottery products on the licensed premises and not
through the mail or by technological means except as the
authority department may provide or authorize.
5. The retailer may accept payment by cash, check, money
order, debit card, or electronic funds transfer. The retailer
shall not extend or arrange credit for the purchase of a ticket
or share. As used in this subsection, “cash” means United
States currency.
6. Nothing in this chapter shall be construed to prohibit
-1294-the authority department from designating certain of its
agents and employees to sell or give lottery tickets or shares
directly to the public.
7. No elected official’s name shall be printed on tickets.
Sec. 2334. Section 99G.31, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The chief executive officer administrator shall award
the designated prize to the holder of the ticket or share upon
presentation of the winning ticket or confirmation of a winning
share. The prize shall be given to only one person as provided
in this section; however, a prize shall be divided between
holders of winning tickets if there is more than one winning
ticket.
2. The authority division shall only pay prizes for lottery
tickets or shares that the authority department determines were
legally purchased, legally possessed, and legally presented.
Sec. 2335. Section 99G.31, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The authority board shall adopt administrative rules,
policies, and procedures to establish a system of verifying
the validity of tickets or shares claimed to win prizes and
to effect payment of such prizes, subject to the following
requirements:
Sec. 2336. Section 99G.31, subsection 3, paragraphs b, d, f,
g, h, and i, Code 2023, are amended to read as follows:
b. A prize shall not be paid arising from claimed tickets
that are stolen, counterfeit, altered, fraudulent, unissued,
produced or issued in error, unreadable, not received, or
not recorded by the authority division within applicable
deadlines; lacking in captions that conform and agree with the
play symbols as appropriate to the particular lottery game
involved; or not in compliance with such additional specific
administrative rules, policies, and public or confidential
validation and security tests of the authority division
appropriate to the particular lottery game involved.
-1295- d. Unclaimed prize money for the prize on a winning ticket
or share shall be retained for a period deemed appropriate
by the chief executive officer administrator, subject to
approval by the board. If a valid claim is not made for the
money within the applicable period, the unclaimed prize money
shall be added to the pool from which future prizes are to be
awarded or used for special prize promotions. Notwithstanding
this subsection, the disposition of unclaimed prize money from
multijurisdictional games shall be made in accordance with the
rules of the multijurisdictional game.
f. The authority division is discharged of all liability
upon payment of a prize pursuant to this section.
g. No ticket or share issued by the authority division
shall be purchased by and no prize shall be paid to any member
of the board of directors; any officer or employee of the
authority department under this chapter; or to any spouse,
child, brother, sister, or parent residing as a member of the
same household in the principal place of residence of any such
person.
h. No ticket or share issued by the authority division shall
be purchased by and no prize shall be paid to any officer,
employee, agent, or subcontractor of any vendor or to any
spouse, child, brother, sister, or parent residing as a member
of the same household in the principal place of residence
of any such person if such officer, employee, agent, or
subcontractor has access to confidential information which may
compromise the integrity of the lottery.
i. The proceeds of any lottery prize shall be subject to
state and federal income tax laws. An amount deducted from the
prize for payment of a state tax, pursuant to section 422.16,
subsection 1, shall be transferred by the authority to the
department of revenue on behalf of the prize winner.
Sec. 2337. Section 99G.32, Code 2023, is amended to read as
follows:
99G.32 Authority Department legal representation — lottery.
-1296- The authority department shall retain the services of legal
counsel to advise the authority department and the board
under this chapter and to provide representation in legal
proceedings. The authority department may retain the attorney
general or a full-time assistant attorney general in that
capacity and provide reimbursement for the cost of advising and
representing the board and the authority department.
Sec. 2338. Section 99G.33, Code 2023, is amended to read as
follows:
99G.33 Law enforcement investigations.
The department of public safety, division of criminal
investigation, shall be the primary state agency responsible
for investigating criminal violations under this chapter.
The chief executive officer director shall contract with
the department of public safety for investigative services,
including the employment of special agents and support
personnel, and procurement of necessary equipment to carry out
the responsibilities of the division of criminal investigation
under the terms of the contract and this chapter.
Sec. 2339. Section 99G.34, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The records of the authority department under this chapter
shall be governed by the provisions of chapter 22, provided
that, in addition to records that may be kept confidential
pursuant to section 22.7, the following records shall be kept
confidential, unless otherwise ordered by a court, by the
lawful custodian of the records, or by another person duly
authorized to release such information:
Sec. 2340. Section 99G.34, subsections 1, 4, and 7, Code
2023, are amended to read as follows:
1. Marketing plans, research data, and proprietary
intellectual property owned or held by the authority department
for purposes of this chapter under contractual agreements.
4. Security records pertaining to investigations and
intelligence-sharing information between lottery security
-1297-officers and those of other lotteries and law enforcement
agencies, the security portions or segments of lottery
requests for proposals, proposals by vendors to conduct
lottery operations, and records of the security division of
the authority department under this chapter pertaining to game
security data, ticket validation tests, and processes.
7. Security reports and other information concerning bids
or other contractual data, the disclosure of which would impair
the efforts of the authority department to contract for goods
or services on favorable terms under this chapter.
Sec. 2341. Section 99G.35, Code 2023, is amended to read as
follows:
99G.35 Security.
1. The authority’s department’s chief security officer
and investigators under this chapter shall be qualified by
training and experience in law enforcement to perform their
respective duties in support of the activities of the security
office. The chief security officer and investigators shall not
have sworn peace officer status. The lottery security office
shall perform all of the following activities in support of the
authority mission of the department under this chapter:
a. Supervise ticket or share validation and lottery
drawings, provided that the authority department may enter
into cooperative agreements with multijurisdictional lottery
administrators for shared security services at drawings and
game show events involving more than one participating lottery.
b. Inspect at times determined solely by the authority
department the facilities of any vendor or lottery retailer in
order to determine the integrity of the vendor’s product or the
operations of the retailer in order to determine whether the
vendor or the retailer is in compliance with its contract.
c. Report any suspected violations of this chapter to
the appropriate county attorney or the attorney general and
to any law enforcement agencies having jurisdiction over the
violation.
-1298- d. Upon request, provide assistance to any county attorney,
the attorney general, the department of public safety, or any
other law enforcement agency.
e. Upon request, provide assistance to retailers in meeting
their licensing contract requirements and in detecting retailer
employee theft.
f. Monitor authority division operations for compliance with
internal security requirements.
g. Provide physical security at the authority’s central
operations facilities used by the department for purposes of
this chapter.
h. Conduct on-press product production surveillance,
testing, and quality approval for printed scratch and pull-tab
tickets.
i. Coordinate employee and retailer background
investigations conducted by the department of public safety,
division of criminal investigation.
2. The authority department may enter into
intelligence-sharing, reciprocal use, or restricted use
agreements for purposes of this chapter with the federal
government, law enforcement agencies, lottery regulation
agencies, and gaming enforcement agencies of other
jurisdictions which provide for and regulate the use of
information provided and received pursuant to the agreement.
3. Records, documents, and information in the possession of
the authority department received under this chapter pursuant
to an intelligence-sharing, reciprocal use, or restricted
use agreement entered into by the authority department with
a federal department or agency, any law enforcement agency,
or the lottery regulation or gaming enforcement agency of any
jurisdiction shall be considered investigative records of a law
enforcement agency and are not subject to chapter 22 and shall
not be released under any condition without the permission of
the person or agency providing the record or information.
Sec. 2342. Section 99G.36, subsection 5, Code 2023, is
-1299-amended to read as follows:
5. No person shall knowingly or intentionally make
a material false statement in any lottery prize claim,
make a material false statement in any application for a
license or proposal to conduct lottery activities, or make a
material false entry in any book or record which is compiled
or maintained or submitted to the authority or the board
department pursuant to the provisions of this chapter. Any
person who violates the provisions of this subsection shall be
guilty of a class “D” felony.
Sec. 2343. Section 99G.37, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
99G.37 Competitive bidding.
All procurement contracts under this chapter must be
competitively bid in accordance with chapter 8A, subchapter
III, part 2. Procurement contracts shall take into
consideration the greatest integrity for the Iowa lottery.
In any bidding process, the services of the department of
administrative services shall be utilized.
Sec. 2344. Section 99G.38, Code 2023, is amended to read as
follows:
99G.38 Authority Lottery finance — self-sustaining.
1. The authority department may borrow, or accept and
expend, in accordance with the provisions of this chapter, such
moneys as may be received from any source, including income
from the authority’s department’s operations, for effectuating
its business purposes under this chapter, including the payment
of the initial expenses of initiation, administration, and
operation of the authority department under this chapter and
the lottery.
2. The authority department as it relates to the lottery
shall be self-sustaining and self-funded. Moneys in the
general fund of the state shall not be used or obligated to pay
the expenses of the authority department under this chapter
or prizes of the lottery, and no claim for the payment of an
-1300-expense of the lottery or prizes of the lottery may be made
against any moneys other than moneys credited to the authority
department operating account pursuant to this chapter.
3. The state of Iowa offset program, as provided in section
8A.504, shall be available to the authority department to
facilitate receipt of funds owed to the authority department
under this chapter.
Sec. 2345. Section 99G.39, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Upon receipt of any revenue, the chief executive officer
director shall deposit the moneys in the lottery fund created
pursuant to section 99G.40. At least fifty percent of the
projected annual revenue accruing from the sale of tickets
or shares shall be allocated for payment of prizes to the
holders of winning tickets. After the payment of prizes, the
expenses of conducting the lottery shall be deducted from the
authority’s department’s revenue under this chapter prior to
disbursement. Expenses for advertising production and media
purchases shall not exceed four percent of the authority’s
department’s gross revenue under this chapter for the year.
3. Two million five hundred thousand dollars in lottery
revenues shall be transferred each fiscal year to the veterans
trust fund established pursuant to section 35A.13 prior to
deposit of the lottery revenues in the general fund pursuant
to section 99G.40. However, if the balance of the veterans
trust fund is fifty million dollars or more, the moneys shall
be appropriated to the department of revenue for distribution
to county directors of veteran affairs, with fifty percent
of the moneys to be distributed equally to each county and
fifty percent of the moneys to be distributed to each county
based upon the population of veterans in the county, so long
as the moneys distributed to a county do not supplant moneys
appropriated by that county for the county director of veteran
affairs.
Sec. 2346. Section 99G.39, subsection 6, paragraph b, Code
-1301-2023, is amended to read as follows:
b. The treasurer of state shall, each quarter, prepare
an estimate of the gaming revenues and lottery revenues that
will become available during the remainder of the appropriate
fiscal year for the purposes described in paragraph “a”. The
department of management and the department of revenue shall
take appropriate actions to provide that the amount of gaming
revenues and lottery revenues that will be available during the
remainder of the appropriate fiscal year is sufficient to cover
any anticipated deficiencies.
Sec. 2347. Section 99G.40, Code 2023, is amended to read as
follows:
99G.40 Audits and reports — lottery fund.
1. To ensure the financial integrity of the lottery, the
authority department shall do all of the following:
a. Submit quarterly and annual reports to the governor,
state auditor, and the general assembly disclosing the total
lottery revenues, prize disbursements, and other expenses
of the authority department under this chapter during the
reporting period. The fourth quarter report shall be included
in the annual report made pursuant to this section. The annual
report shall include a complete statement of lottery revenues,
prize disbursements, and other expenses, and recommendations
for changes in the law that the chief executive officer
director deems necessary or desirable for purposes of this
chapter. The annual report shall be submitted within one
hundred twenty days after the close of the fiscal year. The
chief executive officer director shall report immediately to
the governor, the treasurer of state, and the general assembly
any matters that require immediate changes in the law in order
to prevent abuses or evasions of this chapter or rules adopted
or to rectify undesirable conditions in connection with the
administration or operation of the lottery.
b. Maintain weekly or more frequent records of lottery
transactions, including the distribution of tickets or shares
-1302-to retailers, revenues received, claims for prizes, prizes
paid, prizes forfeited, and other financial transactions of the
authority department under this chapter.
c. The authority department shall deposit in the lottery
fund created in subsection 2 any moneys received by retailers
from the sale of tickets or shares less the amount of any
compensation due the retailers. The chief executive officer
director may require licensees to file with the authority
department reports of receipts and transactions in the sale
of tickets or shares. The reports shall be in the form and
contain the information the chief executive officer director
requires.
2. A lottery fund is created in the office of the treasurer
of state and shall exist as the recipient fund for authority
department receipts under this chapter. The fund consists
of all revenues received from the sale of lottery tickets or
shares and all other moneys lawfully credited or transferred
to the fund. The chief executive officer director shall
certify quarterly that portion of the fund that has been
transferred to the general fund of the state under this chapter
and shall cause that portion to be transferred to the general
fund of the state. However, upon the request of the chief
executive officer director and subject to the approval by
the treasurer of state, an amount sufficient to cover the
foreseeable administrative expenses of the lottery for a period
of twenty-one days may be retained from the lottery fund.
Prior to the quarterly transfer to the general fund of the
state, the chief executive officer director may direct that
lottery revenue shall be deposited in the lottery fund and in
interest-bearing accounts designated by the treasurer of state.
Interest or earnings paid on the deposits or investments is
considered lottery revenue and shall be transferred to the
general fund of the state in the same manner as other lottery
revenue.
3. The chief executive officer director shall certify
-1303-before the last day of the month following each quarter
that portion of the lottery fund resulting from the previous
quarter’s sales to be transferred to the general fund of the
state.
4. For informational purposes only, the chief executive
officer shall submit to the department of management by October
1 of each year a proposed operating budget for the authority
for the succeeding fiscal year. This budget proposal shall
also be accompanied by an estimate of the net proceeds to
be deposited into the general fund during the succeeding
fiscal year. This budget shall be on forms prescribed by the
department of management. A copy of the information required
to be submitted to the department of management pursuant to
this subsection shall be submitted to the general assembly’s
standing committees on government oversight and the legislative
services agency by October 1 of each year.
5. 4. The authority shall adopt the same fiscal year
as that used by state government and activities of the
division shall be audited annually as part of the audit of
the department by the auditor of state or a certified public
accounting firm appointed by the auditor. The auditor of state
or a designee conducting an audit of the activities of the
division under this chapter shall have access and authority to
examine any and all records of licensees necessary to determine
compliance with this chapter and the rules adopted pursuant to
this chapter. The cost of audits and examinations conducted
by the auditor of state or a designee shall be paid for by the
authority as provided in chapter 11.
Sec. 2348. Section 99G.41, Code 2023, is amended to read as
follows:
99G.41 Prize offsets — garnishments.
1. Any claimant agency may submit to the authority
department a list of the names of all persons indebted to such
claimant agency or to persons on whose behalf the claimant
agency is acting. The full amount of the debt shall be
-1304-collectible from any lottery winnings due the debtor without
regard to limitations on the amounts that may be collectible
in increments through garnishment or other proceedings. Such
list shall constitute a valid lien upon and claim of lien
against the lottery winnings of any debtor named in such list.
The list shall contain the names of the debtors, their social
security numbers if available, and any other information that
assists the authority department in identifying the debtors
named in the list.
2. The authority department is authorized and directed
to withhold any winnings paid out directly by the authority
department subject to the lien created by this section and
send notice to the winner. However, if the winner appears
and claims winnings in person, the authority department shall
notify the winner at that time by hand delivery of such action.
The authority department shall pay the funds over to the agency
administering the offset program.
3. Notwithstanding the provisions of section 99G.34
which prohibit disclosure by the authority department of
certain portions of the contents of prize winner records or
information, and notwithstanding any other confidentiality
statute, the authority department may provide to a claimant
agency all information necessary to accomplish and effectuate
the intent of this section.
4. The information obtained by a claimant agency from
the authority department in accordance with this section
shall retain its confidentiality and shall only be used by a
claimant agency in the pursuit of its debt collection duties
and practices. Any employee or prior employee of any claimant
agency who unlawfully discloses any such information for any
other purpose, except as otherwise specifically authorized by
law, shall be subject to the same penalties specified by law
for unauthorized disclosure of confidential information by
an agent or employee of the authority department under this
chapter.
-1305- 5. Except as otherwise provided in this chapter,
attachments, garnishments, or executions authorized and issued
pursuant to law shall be withheld if timely served upon the
authority department.
6. The provisions of this section shall only apply to prizes
paid directly by the authority department and shall not apply
to any retailers authorized by the board department to pay
prizes of up to six hundred dollars after deducting the price
of the ticket or share.
Sec. 2349. Section 99G.42, Code 2023, is amended to read as
follows:
99G.42 Compulsive gamblers — treatment program information.
The authority department shall cooperate with the gambling
treatment program administered by the Iowa department of public
health and human services to incorporate information regarding
the gambling treatment program and its toll-free telephone
number in printed materials distributed by the authority
department pursuant to this chapter.
Sec. 2350. IOWA LOTTERY — TRANSITION PROVISIONS.
1. For purposes of this section, unless the context
otherwise requires:
a. “Department” means the department of revenue.
b. “Iowa lottery authority” means the Iowa lottery
authority established pursuant to 2003 Iowa Acts, chapter 178,
section 66.
2. The department shall be the legal successor to the
Iowa lottery authority and, as such, shall assume all rights,
privileges, obligations, and responsibilities of the Iowa
lottery authority. The promulgated rules of the Iowa lottery
authority shall remain in full force and effect as the rules of
the department until amended or repealed by the department. In
addition, the department may continue the security practices
and procedures utilized by the Iowa lottery authority until
amended or repealed by the department.
3. At 12:01 a.m.on July 1, 2023, the department shall
-1306-become the legal successor to the Iowa lottery authority.
4. Personnel of the Iowa lottery authority employed on
July 1, 2023, shall transition to the department as department
employees under chapter 99G. The chief executive officer
of the Iowa lottery authority on July 1, 2023, shall be the
lottery administrator, as provided in this Act, on that date
without the requirement to be reappointed by the governor.
5. The department shall function as the legal successor to
the Iowa lottery authority and shall assume all of the assets
and obligations of the Iowa lottery authority, and funds of the
state shall not be used or obligated to pay the expenses or
prizes of the department or its predecessor, the Iowa lottery
authority.
6. In order to effect an immediate and efficient transition
of the lottery from the Iowa lottery authority to the
department, as soon as practicable, the department shall do all
of the following:
a. Take such steps and enter into such agreements as
the director of the department may determine are necessary
and proper in order to effect the transfer, assignment, and
delivery to the department from the Iowa lottery authority
of all the tangible and intangible assets constituting the
lottery, including the exclusive right to operate the lottery
and the assignment to and assumption by the department of all
agreements, covenants, and obligations of the Iowa lottery
authority and other agencies of the state, relating to the
operation and management of the lottery.
b. Receive as transferee from the Iowa lottery authority all
of the tangible and intangible assets constituting the lottery
including, without limitation, the exclusive authorization
to operate a lottery in the state of Iowa and ownership of
annuities and bonds purchased prior to the date of transfer and
held in the name of the Iowa lottery for payment of lottery
prizes, and shall assume and discharge all of the agreements,
covenants, and obligations of the Iowa lottery authority
-1307-entered into and constituting part of the operation and
management of the lottery. In consideration for such transfer
and assumption, the department shall transfer to the state all
net profits of the department under chapter 99G, at such times
and subject to such financial transfer requirements as are
provided in this division of this Act.
alcoholic beverage control
Sec. 2351. Section 123.3, subsections 1 and 19, Code 2023,
are amended by striking the subsections.
Sec. 2352. Section 123.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 16A. “Department” means the department of
revenue.
NEW SUBSECTION. 17A. “Director” means the director of the
department of revenue or the director’s designee.
Sec. 2353. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
and 38, Code 2023, are amended to read as follows:
6. “Application” means a written request for the issuance
of a permit, license, or certificate that is supported by a
verified statement of facts and submitted electronically, or in
a manner prescribed by the administrator director.
14. “Commercial establishment” means a place of business
which is at all times equipped with sufficient tables and
seats to accommodate twenty-five persons at one time, and
the licensed premises of which conform to the standards and
specifications of the division department.
16. “Completed application” means an application where all
necessary fees have been paid in full, any required bonds have
been submitted, the applicant has provided all information
requested by the division department, and the application
meets the requirements of section 123.92, subsection 2, if
applicable.
26. The terms “in accordance with the provisions of this
chapter”, “pursuant to the provisions of this title”, or similar
terms shall include all rules and regulations of the division
-1308- department adopted to aid in the administration or enforcement
of those provisions.
29. “Licensed premises” or “premises” means all rooms,
enclosures, contiguous areas, or places susceptible of precise
description satisfactory to the administrator director where
alcoholic beverages, wine, or beer is sold or consumed under
authority of a retail alcohol license, wine permit, or beer
permit. A single licensed premises may consist of multiple
rooms, enclosures, areas, or places if they are wholly within
the confines of a single building or contiguous grounds.
30. “Local authority” means the city council of any
incorporated city in this state, or the county board of
supervisors of any county in this state, which is empowered by
this chapter to approve or deny applications for retail alcohol
licenses; empowered to recommend that such licenses be granted
and issued by the division department; and empowered to take
other actions reserved to them by this chapter.
38. “Permit” or “license” means an express written
authorization issued by the division department for the
manufacture or sale, or both, of alcoholic liquor, wine, or
beer.
Sec. 2354. Section 123.3, subsection 40, paragraphs a and d,
Code 2023, are amended to read as follows:
a. The person has such financial standing and good
reputation as will satisfy the administrator director that the
person will comply with this chapter and all laws, ordinances,
and regulations applicable to the person’s operations under
this chapter. However, the administrator director shall not
require the person to post a bond to meet the requirements of
this paragraph.
d. The person has not been convicted of a felony. However,
if the person’s conviction of a felony occurred more than
five years before the date of the application for a license
or permit, and if the person’s rights of citizenship have
been restored by the governor, the administrator director
-1309- may determine that the person is of good moral character
notwithstanding such conviction.
Sec. 2355. Section 123.4, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
123.4 Alcoholic beverage control.
The department of revenue shall administer and enforce the
laws of this state concerning alcoholic beverage control.
Sec. 2356. Section 123.5, subsection 1, Code 2023, is
amended to read as follows:
1. An alcoholic beverages commission is created within
the division department. The commission is composed of five
members, not more than three of whom shall belong to the same
political party.
Sec. 2357. Section 123.6, Code 2023, is amended to read as
follows:
123.6 Commission meetings.
The commission shall meet on or before July 1 of each year
for the purpose of selecting one of its members as chairperson
for the succeeding year. The commission shall otherwise meet
quarterly or at the call of the chairperson or administrator
director or when three members file a written request for a
meeting. Written notice of the time and place of each meeting
shall be given to each member of the commission. A majority of
the commission members shall constitute a quorum.
Sec. 2358. Section 123.7, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
123.7 Duties of director.
The director shall supervise the daily operations of the
department under this chapter and shall execute the alcoholic
beverage control policies of the department.
Sec. 2359. Section 123.8, Code 2023, is amended to read as
follows:
123.8 Duties of commission and administrator.
1. The commission, in addition to the duties specifically
enumerated in this chapter, shall act as a division
-1310- policy-making body under this chapter and serve in an advisory
capacity to the administrator director and department. The
administrator shall supervise the daily operations of the
division and shall execute the policies of the division as
determined by the commission.
2. The commission may review and affirm, reverse, or amend
all actions of the administrator director under this chapter,
including but not limited to the following instances:
a. Purchases of alcoholic liquor for resale by the division
department.
b. The establishment of wholesale prices of alcoholic
liquor.
Sec. 2360. Section 123.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director, in executing divisional the
alcoholic beverage control functions of the department, shall
have the following duties and powers:
Sec. 2361. Section 123.9, subsections 1, 4, and 7, Code
2023, are amended to read as follows:
1. To receive alcoholic liquors on a bailment system for
resale by the division department in the manner set forth in
this chapter.
4. To appoint clerks, agents, or other employees required
for carrying out the provisions of this chapter; to dismiss
employees for cause; to assign employees to divisions and
bureaus as created by the administrator director within the
division department; and to designate their title, duties, and
powers. All employees of the division department for purposes
of this chapter are subject to chapter 8A, subchapter IV,
unless exempt under section 8A.412.
7. To accept alcoholic liquors ordered delivered to the
alcoholic beverages division department pursuant to chapter
809A, and offer for sale and deliver the alcoholic liquors to
class “E” retail alcohol licensees, unless the administrator
director determines that the alcoholic liquors may be
-1311-adulterated or contaminated. If the administrator director
determines that the alcoholic liquors may be adulterated or
contaminated, the administrator director shall order their
destruction.
Sec. 2362. Section 123.10, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director, with the approval of the
commission and subject to chapter 17A, may adopt rules as
necessary to carry out this chapter. The administrator’s
director’s authority under this chapter extends to, but is not
limited to, the following:
Sec. 2363. Section 123.10, subsections 1, 6, 14, and 15,
Code 2023, are amended to read as follows:
1. Prescribing the duties of officers, clerks, agents, or
other employees of the division department under this chapter
and regulating their conduct while in the discharge of their
duties.
6. Providing for the issuance and electronic distribution
of price lists which show the price to be paid by class
“E” retail alcohol licensees for each brand, class, or
variety of liquor kept for sale by the division department,
providing for the filing or posting of prices charged in sales
between class “A” beer and class “A” wine permit holders and
retailers, as provided in this chapter, and establishing or
controlling the prices based on minimum standards of fill,
quantity, or alcoholic content for each individual sale of
alcoholic beverages as deemed necessary for retail or consumer
protection. However, the division department shall not
regulate markups, prices, discounts, allowances, or other terms
of sale at which alcoholic liquor may be purchased by the
retail public or retail alcohol licensees from class “E” retail
alcohol licensees or at which wine may be purchased and sold
by class “A” and retail wine permittees, or change, nullify,
or vary the terms of an agreement between a holder of a vintner
certificate of compliance and a class “A” wine permittee.
-1312- 14. Prescribing the uniform fee to be assessed against
a retail alcohol licensee, except a class “B”, special class
“B”, or class “E” retail alcohol licensee, to cover the
administrative costs incurred by the division department
resulting from the failure of the licensee to maintain dramshop
liability insurance coverage pursuant to section 123.92,
subsection 2, paragraph “a”.
15. Prescribing the uniform fee, not to exceed one hundred
dollars, to be assessed against a licensee or permittee under
this chapter for a contested case hearing conducted by the
division department or by an administrative law judge from
the department of inspections and appeals which results in
administrative action taken against the licensee or permittee
by the division department.
Sec. 2364. Section 123.11, Code 2023, is amended to read as
follows:
123.11 Compensation and expenses.
Members of the commission, the administrator director, and
other employees of the division department shall be allowed
their actual and necessary expenses while traveling on business
of the division department under this chapter outside of their
place of residence, however, an itemized account of such
expenses shall be verified by the claimant and approved by the
administrator director. If such account is paid, the same
shall be filed with the division department and be and remain
a part of its permanent records. Each member appointed to
the commission is entitled to receive reimbursement of actual
expenses incurred while attending meetings. Each member of
the commission may also be eligible to receive compensation
as provided in section 7E.6. All expenses and salaries of
commission members, the administrator director, and other
employees shall be paid from appropriations for such purposes
and the division department shall be subject to the budget
requirements of chapter 8.
Sec. 2365. Section 123.12, Code 2023, is amended to read as
-1313-follows:
123.12 Exemption from suit.
No A commission member or officer or employee of the division
department shall not be personally liable for damages sustained
by any person due to the act of such member, officer, or
employee performed in the reasonable discharge of the member’s,
officer’s, or employee’s duties as enumerated in this chapter.
Sec. 2366. Section 123.13, Code 2023, is amended to read as
follows:
123.13 Prohibitions on commission members and employees.
1. Commission members, officers, and employees of the
division department under this chapter shall not, while holding
such office or position, do any of the following:
a. Hold any other office or position under the laws of this
state, or any other state or territory or of the United States.
b. Engage in any occupation, business, endeavor, or activity
which would or does conflict with their duties under this
chapter.
c. Directly or indirectly, use their office or employment
to influence, persuade, or induce any other officer, employee,
or person to adopt their political views or to favor any
particular candidate for an elective or appointive public
office.
d. Directly or indirectly, solicit or accept, in any manner
or way, any money or other thing of value for any person
seeking an elective or appointive public office, or to any
political party or any group of persons seeking to become a
political party.
2. Except as provided in section 123.5, subsection 3, a
commission member or division department employee under this
chapter shall not, directly or indirectly, individually, or as
a member of a partnership or shareholder in a corporation, have
any interest in dealing in or in the manufacture of alcoholic
liquor, wine, or beer, and shall not receive any kind of profit
nor have any interest in the purchase or sale of alcoholic
-1314-liquor, wine, or beer by persons so authorized under this
chapter. However, this subsection does not prohibit any member
or employee from lawfully purchasing and keeping alcoholic
liquor, wine, or beer in the member’s or employee’s possession
for personal use.
3. Any officer or employee violating this section or any
other provisions of this chapter shall, in addition to any
other penalties provided by law, be subject to suspension or
discharge from employment. Any commission member shall, in
addition to any other penalties provided by law, be subject to
removal from office as provided by chapter 66.
Sec. 2367. Section 123.14, Code 2023, is amended to read as
follows:
123.14 Alcoholic beverage control law enforcement.
1. The department of public safety is the primary alcoholic
beverage control law enforcement authority for this state.
2. The county attorney, the county sheriff and the sheriff’s
deputies, and the police department of every city, and the
alcoholic beverages division of the department of commerce,
shall be supplementary aids to the department of public safety
for purposes of alcoholic beverage control law enforcement.
Any neglect, misfeasance, or malfeasance shown by any peace
officer included in this section shall be sufficient cause
for the peace officer’s removal as provided by law. This
section shall not be construed to affect the duties and
responsibilities of any county attorney or peace officer with
respect to law enforcement.
3. The department of public safety shall have full access
to all records, reports, audits, tax reports and all other
documents and papers in the alcoholic beverages division
department pertaining to liquor licensees and wine and beer
permittees and their business.
Sec. 2368. Section 123.16, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The commission department shall cause to be prepared an
-1315-annual report to the governor of the state, ending with June 30
of each fiscal year, on the operation and financial position of
the division department under this chapter for the preceding
fiscal year. The report shall include but is not limited to
the following information:
Sec. 2369. Section 123.16, subsections 1 and 7, Code 2023,
are amended to read as follows:
1. Amount of profit or loss from division department
operations under this chapter.
7. Amount of fees paid to the division department from
retail alcohol licenses, wine permits, and beer permits, in
gross, and the amount of retail alcohol license fees returned
to local subdivisions of government as provided under this
chapter.
Sec. 2370. Section 123.17, Code 2023, is amended to read as
follows:
123.17 Beer and liquor control fund — allocations to
substance abuse programs — use of civil penalties.
1. There shall be established within the office of
the treasurer of state a fund to be known as the beer and
liquor control fund. The fund shall consist of any moneys
appropriated by the general assembly for deposit in the fund
and moneys received from the sale of alcoholic liquors by the
division department, from the issuance of permits and licenses,
and of moneys and receipts received by the division department
from any other source under this chapter.
2. a. The director of the department of administrative
services shall periodically transfer from the beer and liquor
control fund to the general fund of the state those revenues
of the division department which are not necessary for the
purchase of liquor for resale by the division department,
or for remittances to local authorities or other sources as
required by this chapter, or for other obligations and expenses
of the division department which are paid from such fund.
b. All moneys received by the division department from
-1316-the issuance of vintner’s certificates of compliance and wine
permits shall be transferred by the director of the department
of administrative services to the general fund of the state.
3. Notwithstanding subsection 2, if gaming revenues under
sections 99D.17 and 99F.11 are insufficient in a fiscal year to
meet the total amount of such revenues directed to be deposited
in the revenue bonds debt service fund and the revenue bonds
federal subsidy holdback fund during the fiscal year pursuant
to section 8.57, subsection 5, paragraph “e”, the difference
shall be paid from moneys deposited in the beer and liquor
control fund prior to transfer of such moneys to the general
fund pursuant to subsection 2 and prior to the transfer of such
moneys pursuant to subsections 5 and 6. If moneys deposited in
the beer and liquor control fund are insufficient during the
fiscal year to pay the difference, the remaining difference
shall be paid from moneys deposited in the beer and liquor
control fund in subsequent fiscal years as such moneys become
available.
4. The treasurer of state shall, each quarter, prepare
an estimate of the gaming revenues and of the moneys to be
deposited in the beer and liquor control fund that will become
available during the remainder of the appropriate fiscal year
for the purposes described in subsection 3. The department
of management, the department of inspections and appeals, and
the department of commerce shall take appropriate actions to
provide that the sum of the amount of gaming revenues available
to be deposited into the revenue bonds debt service fund and
the revenue bonds federal subsidy holdback fund during a fiscal
year and the amount of moneys to be deposited in the beer and
liquor control fund available to be deposited into the revenue
bonds debt service fund and the revenue bonds federal subsidy
holdback fund during such fiscal year will be sufficient to
cover any anticipated deficiencies.
5. After any transfer provided for in subsection 3 is
made, the department of commerce shall transfer into a special
-1317-revenue account in the general fund of the state, a sum of
money at least equal to seven percent of the gross amount
of sales made by the division department from the beer and
liquor control fund on a monthly basis but not less than nine
million dollars annually. Of the amounts transferred, two
million dollars, plus an additional amount determined by the
general assembly, shall be appropriated to the Iowa department
of public health for use by the staff who administer the
comprehensive substance abuse program under chapter 125 for
substance abuse treatment and prevention programs. Any amounts
received in excess of the amounts appropriated to the Iowa
department of public health for use by the staff who administer
the comprehensive substance abuse program under chapter 125
shall be considered part of the general fund balance.
6. After any transfers provided for in subsections 3 and
5, the department of commerce shall receive a transfer to the
division from the beer and liquor control fund and before any
other transfer to the general fund, an amount sufficient to pay
the costs incurred by the division department for collecting
and properly disposing of the liquor containers.
7. After any transfers provided for in subsections 3, 5,
and 6, and before any other transfer to the general fund,
the department of commerce shall transfer to the economic
development authority from the beer and liquor control fund
two million dollars annually for statewide tourism marketing
services and efforts pursuant to section 15.275.
8. After any transfers provided for in subsections 3, 5, 6,
and 7, and before any other transfer to the general fund, the
department of commerce shall transfer from the beer and liquor
control fund one million dollars to the Iowa department of
public health for distribution pursuant to section 125.59.
9. Civil penalties imposed and collected by the division
department under this chapter shall be credited to the general
fund of the state. The moneys from the civil penalties shall
be used by the division department, subject to appropriation by
-1318-the general assembly, for the purposes of providing educational
programs, information and publications for alcoholic
beverage licensees and permittees, local authorities, and law
enforcement agencies regarding the laws and rules which govern
the alcoholic beverages industry, and for promoting compliance
with alcoholic beverage laws and rules.
Sec. 2371. Section 123.18, Code 2023, is amended to read as
follows:
123.18 Appropriations.
Division Department appropriations for purposes of this
chapter shall be paid by the treasurer of state upon the orders
of the administrator director, in such amounts and at such
times as the administrator director deems necessary to carry on
operations in accordance with the terms of this chapter.
Sec. 2372. Section 123.22, subsection 1, Code 2023, is
amended to read as follows:
1. The division department has the exclusive right of
importation into the state of all forms of alcoholic liquor,
except as otherwise provided in this chapter, and a person
shall not import alcoholic liquor, except that an individual of
legal age may import and have in the individual’s possession
an amount of alcoholic liquor not exceeding nine liters per
calendar month that the individual personally obtained outside
the state. Alcoholic liquor imported by an individual pursuant
to this subsection shall be for personal consumption only in
a private home or other private accommodation. A distillery
shall not sell alcoholic liquor within the state to any person
but only to the division department, except as otherwise
provided in this chapter. This section vests in the division
department exclusive control within the state as purchaser of
all alcoholic liquor sold by distilleries within the state
or imported, except beer and wine, and except as otherwise
provided in this chapter. The division department shall
receive alcoholic liquor on a bailment system for resale by the
division department in the manner set forth in this chapter.
-1319-The division department shall act as the sole wholesaler of
alcoholic liquor to class “E” retail alcohol licensees.
Sec. 2373. Section 123.23, subsections 1, 2, 3, and 5, Code
2023, are amended to read as follows:
1. Any manufacturer, distiller, or importer of alcoholic
liquors shipping, selling, or having alcoholic liquors brought
into this state for resale by the state shall, as a condition
precedent to the privilege of so trafficking in alcoholic
liquors in this state, annually make application for and hold
a distiller’s certificate of compliance which shall be issued
by the administrator director for that purpose. No brand of
alcoholic liquor shall be sold by the division department
in this state unless the manufacturer, distiller, importer,
and all other persons participating in the distribution of
that brand in this state have obtained a certificate. The
certificate of compliance shall expire at the end of one year
from the date of issuance and shall be renewed for a like
period upon application to the administrator director unless
otherwise suspended or revoked for cause. Each completed
application for a certificate of compliance or renewal shall
be submitted electronically, or in a manner prescribed by the
administrator director, and shall be accompanied by a fee
of two hundred dollars payable to the division department.
However, this subsection need not apply to a manufacturer,
distiller, or importer who ships or sells in this state no more
than eleven gallons or its case equivalent during any fiscal
year as a result of “special orders” which might be placed, as
defined and allowed by divisional departmental rules adopted
under this chapter.
2. At the time of applying for a certificate of compliance,
each applicant shall submit to the division department
electronically, or in a manner prescribed by the administrator
director, the name and address of its authorized agent
for service of process which shall remain effective until
changed for another, and a list of names and addresses of all
-1320-representatives, employees, or attorneys whom the applicant has
appointed in the state of Iowa to represent it for any purpose.
The listing shall be amended by the certificate holder as
necessary to keep the listing current with the division
department.
3. The administrator director and the attorney general
are authorized to require any certificate holder or person
listed as the certificate holder’s representative, employee,
or attorney to disclose such financial and other records and
transactions as may be considered relevant in discovering
violations of this chapter or of rules and regulations of
the division department under this chapter or of any other
provision of law by any person.
5. This section shall not require the listing of those
persons who are employed on premises where alcoholic liquors
are manufactured, processed, bottled, or packaged in Iowa or
persons who are thereafter engaged in the transporting of such
alcoholic liquors to the division department.
Sec. 2374. Section 123.24, Code 2023, is amended to read as
follows:
123.24 Alcoholic liquor sales by the division department —
dishonored payments — liquor prices.
1. The division department shall sell alcoholic liquor at
wholesale only. The division department shall sell alcoholic
liquor to class “E” retail alcohol licensees only. The
division department shall offer the same price on alcoholic
liquor to all class “E” retail alcohol licensees without regard
for the quantity of purchase or the distance for delivery.
2. The price of alcoholic liquor sold by the division
department shall consist of the following:
a. The manufacturer’s price.
b. A markup of up to fifty percent of the wholesale price
paid by the division department for the alcoholic liquor.
The division department may increase the markup on selected
kinds of alcoholic liquor sold by the division department if
-1321-the average return to the division department on all sales of
alcoholic liquor does not exceed the wholesale price paid by
the division department and the fifty percent markup.
c. A split case charge in an amount determined by the
division department when alcoholic liquor is sold in quantities
which require a case to be split.
d. A bottle surcharge in an amount sufficient, when added to
the amount not refunded to class “E” retail alcohol licensees
pursuant to section 455C.2, to pay the costs incurred by the
division department for collecting and properly disposing of
the liquor containers. The amount collected pursuant to this
paragraph, in addition to any amounts not refunded to class “E”
retail alcohol licensees pursuant to section 455C.2, shall be
deposited in the beer and liquor control fund established under
section 123.17.
3. a. The division department may accept from a class
“E” retail alcohol licensee electronic funds transferred by
automated clearing house, wire transfer, or another method
deemed acceptable by the administrator director, in payment of
alcoholic liquor. If a payment is subsequently dishonored,
the division department shall cause a notice of nonpayment
and penalty to be served upon the class “E” retail alcohol
licensee or upon any person in charge of the licensed premises.
The notice shall state that if payment or satisfaction for
the dishonored payment is not made within ten days of the
service of notice, the licensee’s retail alcohol license may
be suspended under section 123.39. The notice of nonpayment
and penalty shall be in a form prescribed by the administrator
director, and shall be sent by certified mail.
b. If upon notice and hearing under section 123.39 and
pursuant to the provisions of chapter 17A concerning a
contested case hearing, the administrator director determines
that the class “E” retail alcohol licensee failed to satisfy
the obligation for which the payment was issued within ten days
after the notice of nonpayment and penalty was served on the
-1322-licensee as provided in paragraph “a” of this subsection, the
administrator director may suspend the licensee’s class “E”
retail alcohol license for a period not to exceed ten days.
4. The administrator director may refuse to sell alcoholic
liquor to a class “E” retail alcohol licensee who tenders a
payment which is subsequently dishonored until the outstanding
obligation is satisfied.
Sec. 2375. Section 123.25, Code 2023, is amended to read as
follows:
123.25 Consumption on premises.
An officer, clerk, agent, or employee of the division
department employed in a state-owned warehouse under this
chapter shall not allow any alcoholic beverage to be consumed
on the premises, nor shall a person consume any alcoholic
liquor on the premises except for testing or sampling purposes
only.
Sec. 2376. Section 123.26, Code 2023, is amended to read as
follows:
123.26 Restrictions on sales — seals — labeling.
Alcoholic liquor shall not be sold by a class “E” retail
alcohol licensee except in a sealed container with identifying
markers as prescribed by the administrator director and affixed
in the manner prescribed by the administrator director, and no
such container shall be opened upon the premises of a state
warehouse. The division department shall cooperate with the
department of natural resources so that only one identifying
marker or mark is needed to satisfy the requirements of this
section and section 455C.5, subsection 1. Possession of
alcoholic liquors which do not carry the prescribed identifying
markers is a violation of this chapter except as provided in
section 123.22.
Sec. 2377. Section 123.27, Code 2023, is amended to read as
follows:
123.27 Sales and deliveries prohibited.
It is unlawful to transact the sale or delivery of alcoholic
-1323-liquor in, on, or from the premises of a state warehouse:
1. After the closing hour as established by the
administrator director.
2. On any legal holiday except those designated by the
administrator director.
3. During other periods or days as designated by the
administrator director.
Sec. 2378. Section 123.28, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. It is lawful to transport, carry, or convey alcoholic
liquors from the place of purchase by the division department
to a state warehouse or depot established by the division
department or from one such place to another and, when so
permitted by this chapter, it is lawful for the division
department, a common carrier, or other person to transport,
carry, or convey alcoholic liquor sold from a state warehouse,
depot, or point of purchase by the state to any place to which
the liquor may be lawfully delivered under this chapter.
2. The division department shall deliver alcoholic liquor
purchased by class “E” retail alcohol licensees. Class “E”
retail alcohol licensees may deliver alcoholic liquor purchased
by class “C”, class “D”, or class “F” retail alcohol licensees,
and class “C”, class “D”, or class “F” retail alcohol licensees
may transport alcoholic liquor purchased from class “E” retail
alcohol licensees.
Sec. 2379. Section 123.29, subsection 1, Code 2023, is
amended to read as follows:
1. This chapter does not prohibit the sale of patent and
proprietary medicines, tinctures, food products, extracts,
toiletries, perfumes, and similar products, which are not
susceptible of use as a beverage, but which contain alcoholic
liquor, wine, or beer as one of their ingredients. These
products may be sold through ordinary wholesale and retail
businesses without a license or permit issued by the division
department.
-1324- Sec. 2380. Section 123.30, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. a. A retail alcohol license may be issued to any person
who is of good moral character as defined by this chapter.
b. As a condition for issuance of a retail alcohol license
or wine or beer permit, the applicant must give consent
to members of the fire, police, and health departments
and the building inspector of cities; the county sheriff
or deputy sheriff; members of the department of public
safety; representatives of the division department and of
the department of inspections and appeals; certified police
officers; and any official county health officer to enter upon
areas of the premises where alcoholic beverages are stored,
served, or sold, without a warrant during business hours of
the licensee or permittee to inspect for violations of this
chapter or ordinances and regulations that cities and boards
of supervisors may adopt. However, a subpoena issued under
section 421.17 or a warrant is required for inspection of
private records, a private business office, or attached living
quarters. Persons who are not certified peace officers shall
limit the scope of their inspections of licensed premises
to the regulatory authority under which the inspection is
conducted. All persons who enter upon a licensed premises to
conduct an inspection shall present appropriate identification
to the owner of the establishment or the person who appears
to be in charge of the establishment prior to commencing
an inspection; however, this provision does not apply to
undercover criminal investigations conducted by peace officers.
c. As a further condition for the issuance of a class “E”
retail alcohol license, the applicant shall post a bond in
a sum of not less than five thousand nor more than fifteen
thousand dollars as determined on a sliding scale established
by the division department; however, a bond shall not be
required if all purchases of alcoholic liquor from the division
department by the licensee are made by means that ensure that
-1325-the division department will receive full payment in advance of
delivery of the alcoholic liquor.
d. A class “E” retail alcohol license may be issued to a
city council for premises located within the limits of the city
if there are no class “E” retail alcohol licensees operating
within the limits of the city and no other applications for a
class “E” license for premises located within the limits of
the city at the time the city council’s application is filed.
If a class “E” retail alcohol license is subsequently issued
to a private person for premises located within the limits of
the city, the city council shall surrender its license to the
division department within one year of the date that the class
“E” retail alcohol licensee begins operating, liquidate any
remaining assets connected with the liquor store, and cease
operating the liquor store.
2. A retail alcohol license shall not be issued for premises
which do not constitute a safe and proper place or building
and which do not conform to all applicable laws, ordinances,
resolutions, and health and fire regulations. A licensee
shall not have or maintain any interior access to residential
or sleeping quarters unless permission is granted by the
administrator director in the form of a living quarters permit.
Sec. 2381. Section 123.30, subsection 3, paragraph d,
subparagraphs (1) and (5), Code 2023, are amended to read as
follows:
(1) A class “E” retail alcohol license may be issued and
shall authorize the holder to purchase alcoholic liquor in
original unopened containers from the division department
only, wine from a class “A” wine permittee only, and beer from
a class “A” beer permittee only; to sell alcoholic liquor,
wine, and beer in original unopened containers at retail to
patrons for consumption off the licensed premises; and to sell
alcoholic liquor and high alcoholic content beer at wholesale
to other retail alcohol licensees, provided the holder has
filed with the division department a basic permit issued by the
-1326-alcohol and tobacco tax and trade bureau of the United States
department of the treasury.
(5) The division department may issue a class “E” retail
alcohol license for premises covered by a retail alcohol
license for on-premises consumption under any of the following
circumstances:
(a) If the premises are in a county having a population
under nine thousand five hundred in which no other class
“E” retail alcohol license has been issued by the division
department, and no other application for a class “E” retail
alcohol license has been made within the previous twelve
consecutive months.
(b) If, notwithstanding any provision of this chapter to the
contrary, the premises covered by a retail alcohol license is a
grocery store that is at least five thousand square feet.
Sec. 2382. Section 123.31, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a retail alcohol license shall submit a
completed application electronically, or in a manner prescribed
by the administrator director, which shall set forth under oath
the following:
Sec. 2383. Section 123.31, subsection 1, paragraphs e and g,
Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where the
applicant intends to use the license, to include a sketch or
drawing of the premises and, if applicable, the number of
square feet of interior floor space which comprises the retail
sales area of the premises.
g. Any other information as required by the administrator
director.
Sec. 2384. Section 123.31, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. That the premises where the applicant intends to use the
-1327-license conforms to all applicable laws, health regulations,
and fire regulations, and constitutes a safe and proper place
or building and that the applicant shall not have or maintain
any interior access to residential or sleeping quarters unless
permission is granted by the administrator director in the form
of a living quarters permit.
Sec. 2385. Section 123.31A, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Subject to the rules of the division department, sales made
pursuant to this section may be made in a container other
than the original container only if all of the following
requirements are met:
Sec. 2386. Section 123.31A, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. The container to be sold shall be securely sealed
by a method authorized by the division department that is
designed so that if the sealed container is reopened or the
seal tampered with, it is visibly apparent that the seal on the
container of beer or wine has been tampered with or the sealed
container has otherwise been reopened.
Sec. 2387. Section 123.31A, subsection 4, Code 2023, is
amended to read as follows:
4. A container of beer or wine other than the original
container that is sold and sealed in compliance with the
requirements of subsection 3 and the division’s department’s
rules shall not be deemed an open container subject to the
requirements of sections 321.284 and 321.284A if the sealed
container is unopened and the seal has not been tampered with,
and the contents of the container have not been partially
removed.
Sec. 2388. Section 123.32, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A completed application for a class “D” retail alcohol
license and for any of the following certificates, licenses,
-1328-or permits shall be submitted to the division department
electronically, or in a manner prescribed by the administrator
director, which shall proceed in the same manner as in the case
of an application approved by local authorities:
Sec. 2389. Section 123.32, subsections 2, 6, 7, 8, and 9,
Code 2023, are amended to read as follows:
2. Action by local authorities. The local authority
shall either approve or disapprove the issuance of a retail
alcohol license, shall endorse its approval or disapproval
on the application, and shall forward the application with
the necessary fee and bond, if required, to the division
department. There is no limit upon the number of retail
alcohol licenses which may be approved for issuance by local
authorities.
6. Action by administrator director.
a. Upon receipt of an application having been disapproved by
the local authority, the administrator director shall notify
the applicant that the applicant may appeal the disapproval of
the application to the administrator director. The applicant
shall be notified by certified mail or personal service, and
the application, the fee, and any bond shall be returned to the
applicant.
b. Upon receipt of an application having been approved by
the local authority, the division department shall make an
investigation as the administrator director deems necessary to
determine that the applicant complies with all requirements
for holding a license, and may require the applicant to appear
to be examined under oath to demonstrate that the applicant
complies with all of the requirements to hold a license. If
the administrator director requires the applicant to appear
and to testify under oath, a record shall be made of all
testimony or evidence and the record shall become a part of the
application. The administrator director may appoint a member
of the division department or may request an administrative
law judge of the department of inspections and appeals to
-1329-receive the testimony under oath and evidence, and to issue a
proposed decision to approve or disapprove the application for
a license. The administrator director may affirm, reverse,
or modify the proposed decision to approve or disapprove the
application for the license. If the application is approved by
the administrator director, the license shall be issued. If
the application is disapproved by the administrator director,
the applicant shall be so notified by certified mail or
personal service and the appropriate local authority shall
be notified electronically, or in a manner prescribed by the
administrator director.
7. Appeal to administrator director. An applicant for a
retail alcohol license may appeal from the local authority’s
disapproval of an application for a license or permit to the
administrator director. In the appeal the applicant shall
be allowed the opportunity to demonstrate in an evidentiary
hearing conducted pursuant to chapter 17A that the applicant
complies with all of the requirements for holding the license
or permit. The administrator director may appoint a member of
the division department or may request an administrative law
judge from the department of inspections and appeals to conduct
the evidentiary hearing and to render a proposed decision to
approve or disapprove the issuance of the license or permit.
The administrator director may affirm, reverse, or modify the
proposed decision. If the administrator director determines
that the applicant complies with all of the requirements
for holding a license or permit, the administrator director
shall order the issuance of the license or permit. If the
administrator director determines that the applicant does not
comply with the requirements for holding a license or permit,
the administrator director shall disapprove the issuance of the
license or permit.
8. Judicial review. The applicant or the local
authority may seek judicial review of the action of the
administrator director in accordance with the terms of the Iowa
-1330-administrative procedure Act, chapter 17A. Notwithstanding
the terms of the Iowa administrative procedure Act, chapter
17A, petitions for judicial review may be filed in the
district court of the county where the premises covered by the
application are situated.
9. Suspension by local authority. A retail alcohol licensee
whose license has been suspended or revoked or a civil penalty
imposed by a local authority for a violation of this chapter
or suspended by a local authority for violation of a local
ordinance may appeal the suspension, revocation, or civil
penalty to the administrator director. The administrator
director may appoint a member of the division department or
may request an administrative law judge from the department
of inspections and appeals to hear the appeal which shall
be conducted in accordance with chapter 17A and to issue a
proposed decision. The administrator director may review the
proposed decision upon the motion of a party to the appeal or
upon the administrator’s director’s own motion in accordance
with chapter 17A. Upon review of the proposed decision, the
administrator director may affirm, reverse, or modify the
proposed decision. A retail alcohol licensee or a local
authority aggrieved by a decision of the administrator director
may seek judicial review of the decision pursuant to chapter
17A.
Sec. 2390. Section 123.33, Code 2023, is amended to read as
follows:
123.33 Records.
Every holder of a license or permit under this chapter
shall maintain records, in printed or electronic format,
which include income statements, balance sheets, purchase and
sales invoices, purchase and sales ledgers, and any other
records as the administrator director may require. The records
required and the premises of the licensee or permittee shall be
accessible and open to inspection pursuant to section 123.30,
subsection 1, during normal business hours of the licensee or
-1331-permittee.
Sec. 2391. Section 123.34, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The administrator director may issue eight-month seasonal
class “C”, special class “C”, class “D”, and class “F” retail
alcohol licenses.
Sec. 2392. Section 123.34, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The administrator director may issue fourteen-day class
“C”, special class “C”, class “D”, and class “F” retail alcohol
licenses.
Sec. 2393. Section 123.34, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The administrator director may issue five-day class “C”,
special class “C”, class “D”, and class “F” retail alcohol
licenses.
Sec. 2394. Section 123.35, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding section 123.31 and any other provision
of this chapter to the contrary, a class “E” retail alcohol
license shall automatically renew without the endorsement of
a local authority or approval by the administrator director
upon collection of the annual fee by the division department,
provided all of the following conditions are met since the
preceding license was issued:
Sec. 2395. Section 123.35, subsection 2, paragraphs a, e,
and h, Code 2023, are amended to read as follows:
a. The licensee has given written consent to the division
department to have the license automatically renewed as
provided in this section.
e. The licensee has not submitted payment for alcoholic
liquor to the division department that was subsequently
dishonored.
h. A local authority has not notified the division
department, in a manner established by the division department
-1332- and made available to local authorities, that automatic renewal
should not occur and that further review of the licensee by
the division department and the applicable local authority is
warranted.
Sec. 2396. Section 123.35, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding sections 123.23, 123.135, 123.180, and any
other provision of this chapter to the contrary, a distiller’s,
brewer’s, or vintner’s certificate of compliance shall
automatically renew without approval by the administrator
director upon collection of the annual fee by the division
department, provided all of the following conditions are met
since the preceding certificate was issued:
Sec. 2397. Section 123.35, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The certificate holder has given written consent to
the division department to have the certificate automatically
renewed as provided in this section.
Sec. 2398. Section 123.35, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding section 123.187 and any other provision of
this chapter to the contrary, a wine direct shipper’s permit
shall automatically renew without approval by the administrator
director upon collection of the annual fee by the division
department, provided all of the following conditions are met
since the preceding permit was issued:
Sec. 2399. Section 123.35, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. The permittee has given written consent to the division
department to have the permit automatically renewed as provided
in this section.
Sec. 2400. Section 123.36, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The following fees shall be paid to the division department
annually for retail alcohol licenses issued under section
-1333-123.30:
Sec. 2401. Section 123.36, subsection 2, Code 2023, is
amended to read as follows:
2. The division department shall credit all fees to the beer
and liquor control fund. The division department shall remit
to the appropriate local authority a sum equal to sixty-five
percent of the fees collected for each class “B”, class “C”,
or class “F” license except special class “C” licenses or
class “E” licenses, covering premises located within the local
authority’s jurisdiction. The division department shall remit
to the appropriate local authority a sum equal to seventy-five
percent of the fees collected for each special class “C”
license covering premises located within the local authority’s
jurisdiction. Those fees collected for each class “E” retail
alcohol license shall be credited to the beer and liquor
control fund.
Sec. 2402. Section 123.37, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. The administrator director may compromise and settle
doubtful and disputed claims for taxes imposed under
this chapter or for taxes of doubtful collectibility,
notwithstanding section 7D.9. The administrator director may
enter into informal settlements pursuant to section 17A.10 to
compromise and settle doubtful and disputed claims for taxes
imposed under this chapter. The administrator director may
make a claim under a licensee’s or permittee’s penal bond for
taxes of doubtful collectibility. Whenever a compromise or
settlement is made, the administrator director shall make a
complete record of the case showing the tax assessed, reports
and audits, if any, the licensee’s or permittee’s grounds for
dispute or contest, together with all evidence of the dispute
or contest, and the amounts, conditions, and settlement or
compromise of the dispute or contest.
3. A licensee or permittee who disputes the amount of tax
imposed must pay all tax and penalty pertaining to the disputed
-1334-tax liability prior to appealing the disputed tax liability to
the administrator director.
4. The administrator director shall adopt rules
establishing procedures for payment of disputed taxes imposed
under this chapter. If it is determined that the tax is not
due in whole or in part, the division department shall promptly
refund the part of the tax payment which is determined not to
be due.
Sec. 2403. Section 123.38, subsection 1, Code 2023, is
amended to read as follows:
1. A retail alcohol license, wine permit, or beer permit
is a personal privilege and is revocable for cause. It is not
property nor is it subject to attachment and execution nor
alienable nor assignable, and it shall cease upon the death
of the permittee or licensee. However, the administrator of
the division director may in the administrator’s director’s
discretion allow the executor or administrator of the estate of
a permittee or licensee to operate the business of the decedent
for a reasonable time not to exceed the expiration date of the
permit or license. Every permit or license shall be issued in
the name of the applicant and no person holding a permit or
license shall allow any other person to use it.
Sec. 2404. Section 123.38, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Any licensee or permittee, or the executor or administrator
of the estate of a licensee or permittee, or any person duly
appointed by the court to take charge of and administer the
property or assets of the licensee or permittee for the benefit
of the licensee’s or permittee’s creditors, may voluntarily
surrender a license or permit to the division department. When
a license or permit is surrendered, the division department
shall notify the local authority, and the division department
or the local authority shall refund to the person surrendering
the license or permit, a proportionate amount of the fee
-1335-received by the division department or the local authority for
the license or permit as follows:
Sec. 2405. Section 123.38, subsection 2, paragraphs b and c,
Code 2023, are amended to read as follows:
b. For purposes of this subsection, any portion of license
or permit fees used for the purposes authorized in section
331.424, subsection 1, paragraph “a”, subparagraphs (1) and
(2), shall not be deemed received either by the division
department or by a local authority.
c. No refund shall be made to any licensee or permittee upon
the surrender of the license or permit if there is at the time
of surrender a complaint filed with the division department
or local authority charging the licensee or permittee with a
violation of this chapter.
Sec. 2406. Section 123.38, subsection 3, Code 2023, is
amended to read as follows:
3. The local authority may in its discretion authorize a
licensee or permittee to transfer the license or permit from
one location to another within the same incorporated city,
or within a county outside the corporate limits of a city,
provided that the premises to which the transfer is to be made
would have been eligible for a license or permit in the first
instance and such transfer will not result in the violation
of any law. All transfers authorized, and the particulars
of same, shall be reported to the administrator director
by the local authority. The administrator director may by
rule establish a uniform transfer fee to be assessed by all
local authorities upon licensees or permittees to cover the
administrative costs of such transfers, such fee to be retained
by the local authority involved.
Sec. 2407. Section 123.38A, Code 2023, is amended to read
as follows:
123.38A Confidential investigative records.
In order to assure a free flow of information for
accomplishing the purposes of section 123.4 and section
-1336-123.9, subsection 6, all complaint information, investigation
files, audit files, and inspection files, other investigation
reports, and other investigative information in the possession
of the division department or employees acting under the
authority of the administrator director under this chapter
are privileged and confidential, and are not subject to
discovery, subpoena, or other means of legal compulsion for
their release before administrative or criminal charges are
filed. However, investigative information in the possession
of division department employees under this chapter may be
disclosed to the licensing authorities of a city or county
within this state, in another state, the District of Columbia,
or territory or county in which the licensee or permittee is
licensed or permitted or has applied for a license or permit.
In addition, the investigative information can be shared with
any law enforcement agency or other state agency that also
has investigative, regulatory, or enforcement jurisdiction
authorized by law. Records received by the division department
for purposes of this chapter from other agencies which would
be confidential if created by the division department are
considered confidential.
Sec. 2408. Section 123.39, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. a. (1) The administrator director or the local
authority may suspend a class “B”, special class “B” native
wine, class “C”, special class “C”, class “E”, or class “F”
retail alcohol license, or charity beer, spirits, and wine
special event license for a period not to exceed one year,
revoke the license, or impose a civil penalty not to exceed one
thousand dollars per violation.
(2) The administrator director may suspend a certificate
of compliance, a class “D” retail alcohol license, a
manufacturer’s license, a broker’s permit, a class “A” native
distilled spirits license, a class “A” or special class “A”
beer permit, a class “A” wine permit, a wine direct shipper’s
-1337-permit, or a wine carrier permit for a period not to exceed one
year, revoke the license, permit, or certificate, or impose a
civil penalty not to exceed one thousand dollars per violation.
b. A license, permit, or certificate of compliance issued
under this chapter may be suspended or revoked, or a civil
penalty may be imposed for any of the following causes:
(1) Misrepresentation of any material fact in the
application for the license, permit, or certificate.
(2) Violation of any of the provisions of this chapter.
(3) Any change in the ownership or interest in the business
operated under a retail alcohol license which change was not
previously reported in a manner prescribed by the administrator
director within thirty days of the change and subsequently
approved by the local authority, when applicable, and the
division department.
(4) An event which would have resulted in disqualification
from receiving the license, permit, or certificate when
originally issued.
(5) Any sale, hypothecation, or transfer of the license,
permit, or certificate.
(6) The failure or refusal on the part of any license,
permit, or certificate holder to render any report or remit any
taxes to the division department under this chapter when due.
c. A criminal conviction is not a prerequisite to
suspension, revocation, or imposition of a civil penalty
pursuant to this section.
d. A local authority which acts pursuant to this section,
section 123.32, or section 123.50 shall notify the division
department in writing of the action taken, and shall notify the
license or permit holder of the right to appeal a suspension,
revocation, or imposition of a civil penalty to the division
department.
e. Before suspension, revocation, or imposition of a civil
penalty by the administrator director, the license, permit,
or certificate holder shall be given written notice and an
-1338-opportunity for a hearing. The administrator director may
appoint a member of the division department or may request an
administrative law judge from the department of inspections
and appeals to conduct the hearing and issue a proposed
decision. Upon the motion of a party to the hearing or upon
the administrator’s director’s own motion, the administrator
director may review the proposed decision in accordance
with chapter 17A. Upon review of the proposed decision, the
administrator director may affirm, reverse, or modify the
proposed decision. A license, permit, or certificate holder
aggrieved by a decision of the administrator director may seek
judicial review of the administrator’s director’s decision in
accordance with chapter 17A.
f. Civil penalties imposed and collected by the local
authority under this section shall be retained by the local
authority. Civil penalties imposed and collected by the
division department under this section shall be credited to
the general fund of the state pursuant to section 123.17,
subsection 9.
4. If the cause for suspension is a first offense
violation of section 123.49, subsection 2, paragraph “h”,
the administrator director or local authority shall impose a
civil penalty in the amount of five hundred dollars in lieu of
suspension of the license or permit.
Sec. 2409. Section 123.41, subsections 1, 2, 3, and 4, Code
2023, are amended to read as follows:
1. Each completed application to obtain or renew a
manufacturer’s license shall be submitted to the division
department electronically, or in a manner prescribed by the
administrator director, and shall be accompanied by a fee of
three hundred dollars payable to the division department. The
administrator director may in accordance with this chapter
grant and issue to a manufacturer a manufacturer’s license,
valid for a one-year period after date of issuance, which shall
allow the manufacture, storage, and wholesale disposition and
-1339-sale of alcoholic liquors to the division department and to
customers outside of the state.
2. As a condition precedent to the approval and granting
of a manufacturer’s license, an applicant shall file with the
division department a basic permit issued by the alcohol and
tobacco tax and trade bureau of the United States department
of the treasury, and a statement under oath that the applicant
will faithfully observe and comply with all laws, rules, and
regulations governing the manufacture and sale of alcoholic
liquor.
3. A person who holds an experimental distilled spirits
plant permit or its equivalent issued by the alcohol and
tobacco tax and trade bureau of the United States department
of the treasury may produce alcohol for use as fuel without
obtaining a manufacturer’s license from the division
department.
4. A person who holds a manufacturer’s license shall file
with the division department, on or before the fifteenth day of
each calendar month, all documents filed by the manufacturer
with the alcohol and tobacco tax and trade bureau of the United
States department of the treasury, including all production,
storage, and processing reports.
Sec. 2410. Section 123.42, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Prior to representing or promoting alcoholic liquor
products in the state, the broker shall submit a completed
application to the division department electronically, or in a
manner prescribed by the administrator director, for a broker’s
permit. The administrator director may in accordance with this
chapter issue a broker’s permit which shall be valid for one
year from the date of issuance unless it is sooner suspended or
revoked for a violation of this chapter.
2. At the time of applying for a broker’s permit, each
applicant shall submit to the division department a list of
names and addresses of all manufacturers, distillers, and
-1340-importers whom the applicant has been appointed to represent
in the state of Iowa for any purpose. The listing shall be
amended by the broker as necessary to keep the listing current
with the division department.
Sec. 2411. Section 123.43, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a class “A” native distilled spirits
license shall submit an application electronically, or in a
manner prescribed by the administrator director, which shall
set forth under oath the following:
Sec. 2412. Section 123.43, subsection 1, paragraphs e and g,
Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where the
applicant intends to use the license, to include a sketch or
drawing of the premises and, if applicable, the number of
square feet of interior floor space which comprises the retail
sales area of the premises.
g. Any other information as required by the administrator
director.
Sec. 2413. Section 123.43, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Except as otherwise provided in this chapter, the
administrator director shall issue a class “A” native distilled
spirits license to any applicant who establishes all of the
following:
Sec. 2414. Section 123.43, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. That the applicant has filed with the division department
a basic permit issued by the alcohol and tobacco tax and trade
bureau of the United States department of the treasury, and
that the applicant will faithfully observe and comply with all
laws, rules, and regulations governing the manufacture and sale
of alcoholic liquor.
-1341- Sec. 2415. Section 123.43A, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. Subject to rules of the division department, a native
distillery holding a class “A” native distilled spirits license
issued pursuant to section 123.43 may sell or offer for sale
native distilled spirits. As provided in this section, sales
of native distilled spirits manufactured on the premises may
be made at retail for off-premises consumption when sold on
the premises of the native distillery that manufactures native
distilled spirits. All sales intended for resale in this
state shall be made through the state’s wholesale distribution
system.
3. A native distillery shall not sell native distilled
spirits other than as permitted in this chapter and shall
not allow native distilled spirits sold for consumption off
the premises to be consumed upon the premises of the native
distillery. However, native distilled spirits may be tasted
pursuant to the rules of the division department on the
premises where fermented, distilled, or matured, when no charge
is made for the tasting.
4. The sale of native distilled spirits to the division
department for wholesale disposition and sale by the division
department shall be subject to the requirements of this chapter
regarding such disposition and sale.
5. A native distillery issued a class “A” native distilled
spirits license shall file with the division department, on or
before the fifteenth day of each calendar month, all documents
filed by the native distillery with the alcohol and tobacco
tax and trade bureau of the United States department of the
treasury, including all production, storage, and processing
reports.
Sec. 2416. Section 123.44, Code 2023, is amended to read as
follows:
123.44 Gifts prohibited.
A manufacturer or broker shall not give away alcoholic
-1342-liquor at any time in connection with the manufacturer’s or
broker’s business except for testing or sampling purposes only.
A manufacturer, distiller, vintner, brewer, broker, wholesaler,
or importer, organized as a corporation pursuant to the laws of
this state or any other state, who deals in alcoholic beverages
subject to regulation under this chapter shall not offer or
give anything of value to a commission member, official or
employee of the division department under this chapter, or
directly or indirectly contribute in any manner any money or
thing of value to a person seeking a public or appointive
office or a recognized political party or a group of persons
seeking to become a recognized political party.
Sec. 2417. Section 123.46A, subsection 2, Code 2023, is
amended to read as follows:
2. Licensees authorized to sell wine, beer, or mixed drinks
or cocktails for consumption off the licensed premises in a
container other than the original container may deliver the
wine, beer, or mixed drinks or cocktails to a home or other
designated location in this state only if the container other
than the original container has been sold and securely sealed
in compliance with this chapter or the rules of the division
department. Deliveries shall be limited to alcoholic beverages
authorized by the licensee’s license or permit.
Sec. 2418. Section 123.46A, subsection 3, paragraph g, Code
2023, is amended to read as follows:
g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
or cocktails shall be made by the licensee, the licensee’s
employee, or a third party, provided the licensee has entered
into a written agreement with the third party that authorizes
the third party to act as an agent of the licensee for the
purpose of delivering alcoholic liquor, wine, beer, or mixed
drinks or cocktails. Each licensee shall submit to the
division department electronically, or in a manner prescribed
by the administrator director, a list of names and addresses of
all third parties it has authorized to act as its agent for the
-1343-purpose of delivering alcoholic liquor, wine, beer, or mixed
drinks or cocktails. The licensee shall provide the division
department with amendments to the list as necessary to ensure
the division department possesses an accurate, current list.
Sec. 2419. Section 123.49, subsection 2, paragraph d,
subparagraphs (1), (2), and (3), Code 2023, are amended to read
as follows:
(1) Keep on premises covered by a retail alcohol license any
alcoholic liquor in any container except the original package
purchased from the division department, and except mixed drinks
or cocktails mixed on the premises for immediate consumption
on the licensed premises or as otherwise provided by this
paragraph “d”. This prohibition does not apply to holders
of a class “D” retail alcohol license or to alcoholic liquor
delivered in accordance with section 123.46A.
(2) Mixed drinks or cocktails mixed on the premises that are
not for immediate consumption may be consumed on the licensed
premises subject to the requirements of this subparagraph
pursuant to rules adopted by the division department. The
rules shall provide that the mixed drinks or cocktails be
stored, for no longer than seventy-two hours, in a labeled
container in a quantity that does not exceed three gallons.
The rules shall also provide that added flavors and other
nonbeverage ingredients included in the mixed drinks or
cocktails shall not include hallucinogenic substances or added
caffeine or other added stimulants including but not limited to
guarana, ginseng, and taurine. The rules shall also require
that the licensee keep records as to when the contents in
a particular container were mixed and the recipe used for
that mixture. In addition, mixed drinks or cocktails mixed
on the premises pursuant to this subparagraph may be sold
for consumption off the licensed premises as provided in and
subject to the requirements of subparagraph (3).
(3) Mixed drinks or cocktails mixed on premises covered
by a class “C” retail alcohol license for consumption off the
-1344-licensed premises may be sold if the mixed drink or cocktail is
immediately filled in a sealed container and is promptly taken
from the licensed premises prior to consumption of the mixed
drink or cocktail. A mixed drink or cocktail that is sold in a
sealed container in compliance with the requirements of this
subparagraph and rules adopted by the division department shall
not be deemed an open container subject to the requirements
of sections 321.284 and 321.284A if the sealed container is
unopened and the seal has not been tampered with, and the
contents of the container have not been partially removed.
Sec. 2420. Section 123.50, subsection 2, Code 2023, is
amended to read as follows:
2. The conviction of any retail alcohol licensee for a
violation of any of the provisions of section 123.49, subject
to subsection 3 of this section, is grounds for the suspension
or revocation of the license or permit by the division
department or the local authority. However, if any retail
alcohol licensee is convicted of any violation of section
123.49, subsection 2, paragraph “a” or “e”, or any retail
alcohol licensee, excluding a special class “B” or class “D”
retail alcohol licensee, is convicted of a violation of section
123.49, subsection 2, paragraph “d”, the retail alcohol license
shall be revoked and shall immediately be surrendered by the
holder, and the bond, if any, of the license holder shall be
forfeited to the division department. However, the division
department shall retain only that portion of the bond equal
to the amount the division department determines the license
holder owes the division department.
Sec. 2421. Section 123.50, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If any retail alcohol licensee or employee of a licensee is
convicted or found in violation of section 123.49, subsection
2, paragraph “h”, the administrator director or local authority
shall, in addition to criminal penalties fixed for violations
by this section, assess a civil penalty as follows:
-1345- Sec. 2422. Section 123.50, subsection 4, Code 2023, is
amended to read as follows:
4. In addition to any other penalties imposed under this
chapter, the division department shall assess a civil penalty
up to the amount of five thousand dollars upon a class “E”
retail alcohol licensee when the class “E” retail alcohol
license is revoked for a violation of section 123.59. Failure
to pay the civil penalty as required under this subsection
shall result in forfeiture of the bond to the division
department. However, the division department shall retain
only that portion of the bond equal to the amount the division
department determines the license or permit holder owes the
division department.
Sec. 2423. Section 123.50A, subsections 1, 2, and 4, Code
2023, are amended to read as follows:
1. If sufficient funding is appropriated, the division
department shall develop an alcohol compliance employee
training program, not to exceed two hours in length for
employees and prospective employees of licensees and
permittees, to inform the employees about state laws and
regulations regarding the sale of alcoholic beverages to
persons under legal age, and compliance with and the importance
of laws regarding the sale of alcoholic beverages to persons
under legal age. In developing the alcohol compliance employee
training program, the division department may consult with
stakeholders who have expertise in the laws and regulations
regarding the sale of alcoholic beverages to persons under
legal age.
2. The alcohol compliance employee training program shall
be made available to employees and prospective employees
of licensees and permittees at no cost to the employee,
the prospective employee, or the licensee or permittee, and
in a manner which is as convenient and accessible to the
extent practicable throughout the state so as to encourage
attendance. Contingent upon the availability of specified
-1346-funds for provision of the program, the division department
shall schedule the program on at least a monthly basis and the
program shall be available at a location in at least a majority
of counties.
4. The division department shall also offer periodic
continuing employee training and recertification for employees
who have completed initial training and received an initial
certificate of completion as part of the alcohol compliance
employee training program.
Sec. 2424. Section 123.56, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. Upon filing a suit in equity in district court pursuant
to subsection 2, the county attorney or city attorney shall
notify the administrator director of the action. Upon
receiving notice, the administrator director shall issue an
order reducing the hours during which alcoholic beverages may
be sold or consumed at retail on the licensed premises to
between 6:00 a.m.and 10:00 p.m.each day of the week during
the pendency of the action in equity. The county attorney or
city attorney shall notify the administrator director of any
final action or judgment entered resulting from the action.
4. In an action seeking abatement of a public safety
nuisance as provided in this section, evidence of other
current violations of this chapter may be received by the
court and considered in determining the remedial provisions
of any abatement order. In addition, evidence of prior
sanctions, violations of law, nuisance behavior, or general
reputation relating to the licensed premises may be admissible
in determining the reasonableness of remedial provisions of an
abatement order. However, evidence of a prior conviction of
the licensee, managers, employees, or contemporaneous patrons
and guests is not necessary for purposes of considering or
issuing an abatement order under this section. In an action
under this section, the administrator director may submit
to the court a report as evidence on behalf of the division
-1347- department regarding the compliance history of the licensee or
permittee for consideration by the court.
Sec. 2425. Section 123.57, Code 2023, is amended to read as
follows:
123.57 Examination of accounts.
The financial condition and transactions of all offices,
departments, warehouses, and depots of concerning the division
alcohol beverage control activities of the department shall be
examined at least once each year by the state auditor and at
shorter periods if requested by the administrator director,
governor, commission, or the general assembly’s standing
committees on government oversight.
Sec. 2426. Section 123.58, Code 2023, is amended to read as
follows:
123.58 Auditing.
All provisions of sections 11.6, 11.11, 11.14, 11.21,
11.31, and 11.41, relating to auditing of financial records
of governmental subdivisions which are not inconsistent with
this chapter are applicable to the division department and its
offices, warehouses, and depots under this chapter.
Sec. 2427. Section 123.92, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Subject to the limitation amount specified in paragraph
“c”, if applicable, any third party who is not the intoxicated
person who caused the injury at issue and who is injured in
person or property or means of support by an intoxicated person
or resulting from the intoxication of a person, has a right of
action for damages actually sustained, severally or jointly
against any licensee or permittee, whether or not the license
or permit was issued by the division department or by the
licensing authority of any other state, who sold and served any
alcoholic beverage directly to the intoxicated person, provided
that the person was visibly intoxicated at the time of the sale
or service.
Sec. 2428. Section 123.92, subsection 2, paragraphs a and c,
-1348-Code 2023, are amended to read as follows:
a. Every retail alcohol licensee, except a class “B”,
special class “B”, or class “E” retail alcohol licensee, shall
furnish proof of financial responsibility by the existence of
a liability insurance policy in an amount determined by the
division department. If an insurer provides dramshop liability
insurance at a new location to a licensee or permittee who has
a positive loss experience at other locations for which such
insurance is provided by the insurer, and the insurer bases
premium rates at the new location on the negative loss history
of the previous licensee at that location, the insurer shall
examine and consider adjusting the premium for the new location
not less than thirty months after the insurance is issued,
based on the loss experience of the licensee at that location
during that thirty-month period of time.
c. The purpose of dramshop liability insurance is to provide
protection for members of the public who experience damages as
a result of licensees serving patrons any alcoholic beverage
to a point that reaches or exceeds the standard set forth in
law for liability. Minimum coverage requirements for such
insurance are not for the purpose of making the insurance
affordable for all licensees regardless of claims experience.
A dramshop liability insurance policy obtained by a licensee
shall meet the minimum insurance coverage requirements as
determined by the division department and is a mandatory
condition for holding a license.
Sec. 2429. Section 123.95, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The holder of an annual class “C” retail alcohol license
may act as the agent of a private social host for the purpose
of providing and serving alcoholic beverages as part of a food
catering service for a private social gathering in a private
place, provided the licensee has applied for and been granted a
catering privilege by the division department. The holder of
an annual special class “C” retail alcohol license shall not
-1349-act as the agent of a private social host for the purpose of
providing and serving wine and beer as part of a food catering
service for a private social gathering in a private place. An
applicant for a class “C” retail alcohol license shall state
on the application for the license that the licensee intends
to engage in catering food and alcoholic beverages for private
social gatherings and the catering privilege shall be noted on
the license.
Sec. 2430. Section 123.125, Code 2023, is amended to read
as follows:
123.125 Issuance of beer permits.
The administrator director shall issue class “A” and special
class “A” beer permits and may suspend or revoke permits for
cause as provided in this chapter.
Sec. 2431. Section 123.126A, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding any provision of this chapter to the
contrary, a manufacturer of beer may obtain and possess
alcoholic liquor from the division department for the purpose
of manufacturing canned cocktails.
Sec. 2432. Section 123.127, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a class “A” or special class “A” beer
permit shall submit a completed application electronically, or
in a manner prescribed by the administrator director, which
shall set forth under oath the following:
Sec. 2433. Section 123.127, subsection 1, paragraphs e and
g, Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where
the applicant intends to use the permit, to include a sketch
or drawing of the premises and, if applicable, the number of
square feet of interior floor space which comprises the retail
sales area of the premises.
-1350- g. Any other information as required by the administrator
director.
Sec. 2434. Section 123.127, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The administrator director shall issue a class “A” or
special class “A” beer permit to any applicant who establishes
all of the following:
Sec. 2435. Section 123.127, subsection 2, paragraphs d and
g, Code 2023, are amended to read as follows:
d. That the applicant has filed with the division department
a basic permit issued by the alcohol and tobacco tax and trade
bureau of the United States department of the treasury, and
that the applicant will faithfully observe and comply with all
laws, rules, and regulations governing the manufacture and sale
of beer.
g. That the applicant has submitted a bond in the amount
of ten thousand dollars in a manner prescribed by the
administrator director with good and sufficient sureties to be
approved by the division department conditioned upon compliance
with this chapter.
Sec. 2436. Section 123.130, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Any person holding a class “A” beer permit issued by
the division department shall be authorized to manufacture
and sell, or sell at wholesale, beer for consumption off the
premises, such sales within the state to be made only to
persons holding a subsisting class “A” beer permit, or retail
alcohol licenses, excluding a special class “B” retail native
wine license, issued in accordance with the provisions of this
chapter. However, a person holding a class “A” beer permit
issued by the division department who also holds a brewer’s
notice issued by the alcohol and tobacco tax and trade bureau
of the United States department of the treasury shall be
authorized to sell, at wholesale, no more than thirty thousand
barrels of beer on an annual basis for consumption off the
-1351-premises to a licensee authorized under this chapter to sell
beer at retail.
Sec. 2437. Section 123.130, subsection 5, Code 2023, is
amended to read as follows:
5. A manufacturer of beer issued a class “A” or special
class “A” beer permit shall file with the division department,
on or before the fifteenth day of each calendar month, all
documents filed with the alcohol and tobacco tax and trade
bureau of the United States department of the treasury,
including all brewer’s operation and excise tax return reports.
Sec. 2438. Section 123.135, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A manufacturer, brewer, bottler, importer, or vendor of
beer, or any agent thereof, desiring to ship or sell beer, or
have beer brought into this state for resale by a class “A”
beer permittee, shall first make application for and be issued
a brewer’s certificate of compliance by the administrator
director for that purpose. The certificate of compliance
expires at the end of one year from the date of issuance and
shall be renewed for a like period upon application to the
administrator director unless otherwise revoked for cause.
Each completed application for a certificate of compliance or
renewal of a certificate shall be submitted electronically,
or in a manner prescribed by the administrator director, and
shall be accompanied by a fee of two hundred dollars payable
to the division department. Each holder of a certificate
of compliance shall furnish the information in a manner the
administrator director requires.
2. At the time of applying for a certificate of compliance,
each applicant shall file with the division department a list
of all class “A” beer permittees with whom it intends to do
business and shall designate the geographic area in which its
products are to be distributed by such permittee. The listing
of class “A” beer permittees and geographic area as filed with
the division department shall be amended by the holder of a
-1352-certificate of compliance as necessary to keep the listing
current with the division department.
3. All class “A” beer permit holders shall sell only
those brands of beer which are manufactured, brewed,
bottled, shipped, or imported by a person holding a current
certificate of compliance. Any employee or agent working for
or representing the holder of a certificate of compliance
within this state shall submit electronically, or in a manner
prescribed by the administrator director, the employee’s or
agent’s name and address with the division department.
Sec. 2439. Section 123.137, subsection 1, Code 2023, is
amended to read as follows:
1. A person holding a class “A” or special class “A” beer
permit shall, on or before the tenth day of each calendar month
commencing on the tenth day of the calendar month following
the month in which the person is issued a beer permit, make a
report under oath to the division department electronically, or
in a manner prescribed by the administrator director, showing
the exact number of barrels of beer, or fractional parts of
barrels, sold by the beer permit holder during the preceding
calendar month. The report shall also state information the
administrator director requires, and beer permit holders shall
at the time of filing a report pay to the division department
the amount of tax due at the rate fixed in section 123.136.
Sec. 2440. Section 123.138, Code 2023, is amended to read
as follows:
123.138 Records required — keg identification label.
1. Each class “A” or special class “A” beer permittee shall
keep proper records showing the amount of beer sold by the
permittee, and these records shall be at all times open to
inspection by the administrator director and to other persons
pursuant to section 123.30, subsection 1. Each retail alcohol
licensee as described in section 123.30 shall keep proper
records showing each purchase of beer made by the licensee, and
the date and the amount of each purchase and the name of the
-1353-person from whom each purchase was made, which records shall be
open to inspection pursuant to section 123.30, subsection 1,
during normal business hours of the licensee.
2. a. Each retail alcohol licensee who sells beer for
off-premises consumption shall affix to each keg of beer an
identification label provided by the administrator director.
The label provided shall allow for its full removal when
common external keg cleaning procedures are performed. For
the purposes of this subsection, “keg” means all durable and
disposable containers with a liquid capacity of five gallons or
more. Each retail alcohol licensee shall also keep a record
of the identification label number of each keg of beer sold by
the licensee with the name and address of the purchaser and
the number of the purchaser’s driver’s license, nonoperator’s
identification card, or military identification card, if
the military identification card contains a picture and
signature. This information shall be retained by the licensee
for a minimum of ninety days. The records kept pursuant to
this subsection shall be available for inspection by any law
enforcement officer during normal business hours.
b. (1) The division department shall provide the keg
identification labels described in paragraph “a” and shall,
prior to utilizing a label, notify licensed brewers and
licensed beer importers of the type of label to be utilized.
Each label shall contain a number and the following statement:
It is unlawful to sell, give, or otherwise supply any
alcoholic beverage, wine, or beer to any person under legal
age. Any person who defaces this label shall be guilty of
criminal mischief punishable pursuant to section 716.6.
(2) The identification label shall be placed on the keg at
the time of retail sale. The licensee shall obtain the labels
referred to in this subsection from the division department.
The cost of the labels to licensees shall not exceed the
division’s department’s cost of producing and distributing
the labels. The moneys collected by the division department
-1354- relating to the sale of labels shall be credited to the beer
and liquor control fund.
c. The provisions of this subsection shall be implemented
uniformly throughout the state. The provisions of this
subsection shall preempt any local county or municipal
ordinance regarding keg registration or the sale of beer in
kegs. In addition, a county or municipality shall not adopt or
continue in effect an ordinance regarding keg registration or
the sale of beer in kegs.
Sec. 2441. Section 123.143, subsection 1, Code 2023, is
amended to read as follows:
1. All permit fees collected by the division department
under this subchapter shall accrue to the beer and liquor
control fund, except as otherwise provided. All taxes
collected by the division department under this subchapter
shall accrue to the state general fund, except as otherwise
provided.
Sec. 2442. Section 123.173, subsection 3, Code 2023, is
amended to read as follows:
3. A class “A” wine permittee shall be required to deliver
wine to a retail alcohol licensee, and a retail alcohol
licensee shall be required to accept delivery of wine from a
class “A” wine permittee, only at the licensed premises of the
retail alcohol licensee. Except as specifically permitted by
the division department upon good cause shown, delivery or
transfer of wine from an unlicensed premises to a licensed
retail alcohol licensee’s premises, or from one licensed retail
alcohol licensee’s premises to another licensed retail alcohol
licensee’s premises, even if there is common ownership of all
of the premises by one retail permittee, is prohibited.
Sec. 2443. Section 123.173A, subsection 2, Code 2023, is
amended to read as follows:
2. Upon application to the division department and receipt
of a charity beer, spirits, and wine special event license, an
authorized nonprofit entity may conduct a charity special event
-1355-subject to the requirements of this section.
Sec. 2444. Section 123.173A, subsection 4, paragraph a,
Code 2023, is amended to read as follows:
a. The charity event shall be conducted on a premises
covered by a valid retail alcohol license issued by the
division department.
Sec. 2445. Section 123.173A, subsection 5, paragraph b,
Code 2023, is amended to read as follows:
b. The retail alcohol license number issued by the division
department for the premises where a charity event is to be
conducted, if applicable.
Sec. 2446. Section 123.174, Code 2023, is amended to read
as follows:
123.174 Issuance of wine permits.
The administrator director shall issue wine permits as
provided in this chapter, and may suspend or revoke a wine
permit for cause as provided in this chapter.
Sec. 2447. Section 123.175, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a class “A” wine permit shall submit a
completed application electronically, or in a manner prescribed
by the administrator director, which shall set forth under oath
the following:
Sec. 2448. Section 123.175, subsection 1, paragraphs e and
g, Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where the
applicant intends to use the permit, to include a sketch or
drawing of the premises.
g. Any other information as required by the administrator
director.
Sec. 2449. Section 123.175, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The administrator director shall issue a class “A” wine
-1356-permit to any applicant who establishes all of the following:
Sec. 2450. Section 123.175, subsection 2, paragraphs d and
g, Code 2023, are amended to read as follows:
d. That the applicant has filed with the division department
a basic permit issued by the alcohol and tobacco tax and trade
bureau of the United States department of the treasury, and
that the applicant will faithfully observe and comply with all
the laws, rules, and regulations governing the manufacture and
sale of wine.
g. That the applicant has submitted a bond in the amount
of five thousand dollars in a manner prescribed by the
administrator director with good and sufficient sureties to be
approved by the division department conditioned upon compliance
with this chapter.
Sec. 2451. Section 123.176, subsections 1, 2, 7, and 8, Code
2023, are amended to read as follows:
1. Subject to rules of the division department,
manufacturers of native wines from grapes, cherries, other
fruits or other fruit juices, vegetables, vegetable juices,
dandelions, clover, honey, or any combination of these
ingredients, holding a class “A” wine permit as required by
this chapter, may sell, keep, or offer for sale and deliver the
wine. Notwithstanding section 123.24, subsection 2, paragraph
“b”, or any other provision of this chapter, manufacturers
of native wine may obtain and possess grape brandy from the
division department for the sole purpose of manufacturing wine.
2. Native wine may be sold at retail for off-premises
consumption when sold on the premises of the manufacturer, or
in a retail establishment operated by the manufacturer. Sales
may also be made to class “A” or retail alcohol licensees as
authorized by sections 123.30 and 123.177. A manufacturer of
native wines shall not sell the wines other than as permitted
in this chapter and shall not allow wine sold to be consumed
upon the premises of the manufacturer. However, prior to
sale, native wines may be tasted pursuant to the rules of the
-1357-division department on the premises where made, when no charge
is made for the tasting.
7. A manufacturer may use the space and equipment of another
manufacturer for the purpose of manufacturing native wine,
provided that such an alternating proprietorship arrangement
is approved by the alcohol and tobacco tax and trade bureau
of the United States department of the treasury. A separate
class “A” wine permit shall be issued to each manufacturer,
and each manufacturer shall be subject to the provisions
of this chapter and the rules of the division department.
Notwithstanding subsection 5, not more than one class “C”
retail alcohol license shall be issued to a premises with
alternating proprietorships.
8. A manufacturer of native wines shall file with the
division department, on or before the fifteenth day of each
calendar month, all documents filed with the alcohol and
tobacco tax and trade bureau of the United States department of
the treasury, including all wine premises operations and excise
tax return reports.
Sec. 2452. Section 123.180, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A manufacturer, vintner, bottler, importer, or vendor of
wine, or an agent thereof, desiring to ship, sell, or have wine
brought into this state for sale at wholesale by a class “A”
permittee shall first make application for and shall be issued
a vintner’s certificate of compliance by the administrator
director for that purpose. The vintner’s certificate of
compliance shall expire at the end of one year from the
date of issuance and shall be renewed for a like period upon
application to the administrator director unless otherwise
revoked for cause. Each completed application for a vintner’s
certificate of compliance or renewal of a certificate shall
be submitted electronically, or in a manner prescribed by the
administrator director, and shall be accompanied by a fee of
two hundred dollars payable to the division department. Each
-1358-holder of a vintner’s certificate of compliance shall furnish
the information required by the administrator director in the
form the administrator director requires. A vintner or wine
bottler whose plant is located in Iowa and who otherwise holds
a class “A” wine permit to sell wine at wholesale is exempt
from the fee, but not the other terms and conditions. The
holder of a vintner’s certificate of compliance may also hold a
class “A” wine permit.
2. At the time of applying for a vintner’s certificate
of compliance, each applicant shall file with the division
department a list of all class “A” wine permittees with
whom it intends to do business. The listing of class “A”
wine permittees as filed with the division department shall
be amended by the holder of the certificate of compliance
as necessary to keep the listing current with the division
department.
3. All class “A” wine permit holders shall sell only those
brands of wine which are manufactured, bottled, fermented,
shipped, or imported by a person holding a current vintner’s
certificate of compliance. An employee or agent working for
or representing the holder of a vintner’s certificate of
compliance within this state shall register the employee’s
or agent’s name and address with the division department.
These names and addresses shall be filed with the division’s
department’s copy of the certificate of compliance issued
except that this provision does not require the listing of
those persons who are employed on the premises of a bottling
plant, or winery where wine is manufactured, fermented,
or bottled in Iowa or the listing of those persons who are
thereafter engaged in the transporting of the wine.
Sec. 2453. Section 123.184, Code 2023, is amended to read
as follows:
123.184 Report of gallonage sales — penalty.
1. Each class “A” wine permit holder on or before the
tenth day of each calendar month commencing on the tenth day
-1359-of the calendar month following the month in which the person
is issued a permit, shall make a report under oath to the
division department electronically, or in a manner prescribed
by the administrator director, showing the exact number of
gallons of wine and fractional parts of gallons sold by that
permit holder during the preceding calendar month. The report
also shall state whatever reasonable additional information
the administrator director requires. The permit holder at
the time of filing this report shall pay to the division
department the amount of tax due at the rate fixed in section
123.183. A penalty of ten percent of the amount of the tax
shall be assessed and collected if the report required to be
filed pursuant to this subsection is not filed and the tax paid
within the time required by this subsection.
2. Each wine direct shipper license holder shall make a
report under oath to the division department electronically,
or in a manner prescribed by the administrator director, on
or before the tenth day of the calendar months of June and
December, showing the exact number of gallons of wine and
fractional parts of gallons sold and shipped pursuant to
section 123.187 during the preceding six-month calendar period.
The report shall also state whatever reasonable additional
information the administrator director requires. The license
holder at the time of filing this report shall pay to the
division department the amount of tax due at the rate fixed
in section 123.183. A penalty of ten percent of this amount
shall be assessed and collected if the report required to be
filed pursuant to this subsection is not filed and the tax paid
within the time required by this subsection.
Sec. 2454. Section 123.186, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The division department shall adopt as rules the
substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
2. The division department shall adopt as rules the
-1360-substance of 27 C.F.R. §6.88, to permit a manufacturer of
alcoholic beverages, wine, or beer, or an agent of such
manufacturer, to provide to a retailer without charge wine and
beer coil cleaning services, including carbon dioxide filters
and other necessary accessories to properly clean the coil and
affix carbon dioxide filters. The rules shall provide that the
manufacturer shall be responsible for paying the costs of any
filters provided.
Sec. 2455. Section 123.187, subsection 2, paragraphs b and
d, Code 2023, are amended to read as follows:
b. A wine manufacturer applying for a wine direct
shipper permit shall submit an application for the permit
electronically, or in a manner prescribed by the administrator
director, accompanied by a true copy of the manufacturer’s
current alcoholic beverage license or permit issued by the
state where the manufacturer is primarily located and a copy
of the manufacturer’s basic permit issued by the alcohol and
tobacco tax and trade bureau of the United States department of
the treasury.
d. A permit issued pursuant to this section may be
renewed annually by submitting a renewal application with
the administrator director in a manner prescribed by the
administrator director, accompanied by the twenty-five dollar
permit fee.
Sec. 2456. Section 123.187, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. All containers of wine shipped directly to a resident
of this state shall be conspicuously labeled with the words
“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
alternative wording preapproved by the administrator director.
Sec. 2457. Section 123.187, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. A wine direct shipper permittee shall remit to the
division department an amount equivalent to the wine gallonage
-1361-tax on wine subject to direct shipment at the rate specified
in section 123.183 for deposit as provided in section 123.183,
subsections 2 and 3. The amount shall be remitted at the time
and in the manner provided in section 123.184, subsection
2, and the ten percent penalty specified therein shall be
applicable.
5. A wine direct shipper permittee shall be deemed to have
consented to the jurisdiction of the division department or any
other agency or court in this state concerning enforcement of
this section and any related laws, rules, or regulations. A
permit holder shall allow the division department to perform an
audit of shipping records upon request.
Sec. 2458. Section 123.188, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A person desiring to deliver wine subject to direct
shipment within this state pursuant to section 123.187 shall
submit an application for a wine carrier permit electronically,
or in a manner prescribed by the administrator director, which
shall be accompanied by a fee in the amount of one hundred
dollars.
2. The administrator director may in accordance with this
chapter issue a wine carrier permit which shall be valid
for one year from the date of issuance unless it is sooner
suspended or revoked for a violation of this chapter.
3. A permit issued pursuant to this section may be
renewed annually by submitting a renewal application with
the administrator director in a manner prescribed by the
administrator director, accompanied by the one hundred dollar
permit fee.
Sec. 2459. Section 123.188, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. A wine carrier permittee shall maintain records of wine
shipped which include the permit number and name of the wine
manufacturer, quantity of wine shipped, recipient’s name and
address, and an electronic or paper form of signature from
-1362-the recipient of the wine. Records shall be submitted to the
division department on a monthly basis in a form and manner to
be determined by the division department.
Sec. 2460. Section 321.19, subsection 1, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health, the
department of inspections and appeals, and the department of
revenue, who are regularly assigned to conduct investigations
which cannot reasonably be conducted with a vehicle displaying
“official” state registration plates.
Sec. 2461. Section 453A.2, subsections 4, 6, and 7, Code
2023, are amended to read as follows:
4. The alcoholic beverages division of the department of
commerce, a county, or a city may directly enforce this section
in district court and initiate proceedings pursuant to section
453A.22 before a permit-issuing authority which issued the
permit against a permit holder violating this section.
6. If a county or a city has not assessed a penalty pursuant
to section 453A.22, subsection 2, for a violation of subsection
1, within sixty days of the adjudication of the violation,
the matter shall be transferred to and be the exclusive
responsibility of the alcoholic beverages division of the
department of commerce. Following transfer of the matter, if
the violation is contested, the alcoholic beverages division
of the department of commerce shall request an administrative
hearing before an administrative law judge, assigned by the
division of administrative hearings of the department of
inspections and appeals in accordance with the provisions of
section 10A.801, to adjudicate the matter pursuant to chapter
17A.
7. A tobacco compliance employee training fund is
created in the office of the treasurer of state. The fund
shall consist of civil penalties assessed by the alcoholic
-1363-beverages division of the department of commerce under
section 453A.22 for violations of this section. Moneys in
the fund are appropriated to the alcoholic beverages division
of the department of commerce and shall be used to develop
and administer the tobacco compliance employee training
program under section 453A.5. Moneys deposited in the fund
shall not be transferred, used, obligated, appropriated, or
otherwise encumbered except as provided in this subsection.
Notwithstanding section 8.33, any unexpended balance in the
fund at the end of the fiscal year shall be retained in the
fund.
Sec. 2462. Section 453A.5, subsection 1, Code 2023, is
amended to read as follows:
1. The alcoholic beverages division of the department of
commerce shall develop a tobacco compliance employee training
program not to exceed two hours in length for employees and
prospective employees of retailers, as defined in sections
453A.1 and 453A.42, to inform the employees about state and
federal laws and regulations regarding the sale of tobacco,
tobacco products, alternative nicotine products, vapor
products, and cigarettes to persons under twenty-one years of
age and compliance with and the importance of laws regarding
the sale of tobacco, tobacco products, alternative nicotine
products, vapor products, and cigarettes to persons under
twenty-one years of age.
Sec. 2463. Section 453A.13, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The department, or a A city or county, shall submit
a duplicate of any application for a retail permit to the
alcoholic beverages division of the department of commerce
within thirty days of the issuance. The alcoholic beverages
division of the department of commerce shall submit the current
list of all retail permits issued to the Iowa department of
public health by the last day of each quarter of a state fiscal
year.
-1364- Sec. 2464. Section 453A.22, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If a retailer or employee of a retailer has violated section
453A.2 or section 453A.36, subsection 6, the department or
local authority, or the alcoholic beverages division of the
department of commerce following transfer of the matter to the
alcoholic beverages division of the department of commerce
pursuant to section 453A.2, subsection 6, in addition to the
other penalties fixed for such violations in this section,
shall assess a penalty upon the same hearing and notice as
prescribed in subsection 1 as follows:
Sec. 2465. Section 453A.22, subsection 6, Code 2023, is
amended to read as follows:
6. The department or local authority shall report the
suspension or revocation of a retail permit under this section
to the alcoholic beverages division of the department of
commerce within thirty days of the suspension or revocation of
the retail permit.
Sec. 2466. Section 453A.47A, subsection 6, Code 2023, is
amended to read as follows:
6. Issuance. Cities may issue retail permits to retailers
located within their respective limits. County boards of
supervisors may issue retail permits to retailers located in
their respective counties, outside of the corporate limits of
cities. The city or county shall submit a duplicate of any
application for a retail permit to the alcoholic beverages
division of the department of commerce within thirty days of
issuance of a permit. The alcoholic beverages division of the
department of commerce shall submit the current list of all
retail permits issued to the Iowa department of public health
by the last day of each quarter of a state fiscal year.
Sec. 2467. Section 455C.3, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. A distributor shall accept and pick up from a
participating dealer served by the distributor or a redemption
-1365-center for a dealer served by the distributor at least weekly,
or when the distributor delivers the beverage product if
deliveries are less frequent than weekly, any empty beverage
container of the kind, size, and brand sold by the distributor,
and shall pay to the participating dealer or redemption center
the refund value of a beverage container and the reimbursement
as provided under section 455C.2 within one week following
pickup of the containers or when the participating dealer
normally pays the distributor for the deposit on beverage
products purchased from the distributor if less frequent than
weekly. A distributor or employee or agent of a distributor is
not in violation of this subsection if a redemption center is
closed when the distributor attempts to make a regular pickup
of empty beverage containers. This subsection does not apply
to a distributor selling alcoholic liquor to the alcoholic
beverages division of the department of commerce revenue.
5. The alcoholic beverages division of the department
of commerce revenue shall provide for the disposal of
empty beverage containers as required under subsection
2. The division department of revenue shall give priority
consideration to the recycling of the empty beverage containers
to the extent possible, before any other appropriate disposal
method is considered or implemented.
CONFORMING CHANGES
Sec. 2468. Section 7E.5, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. The department of revenue, created in section 421.2,
which has primary responsibility for revenue collection
and revenue law compliance, the Iowa lottery, and alcoholic
beverage control.
Sec. 2469. Section 421.17, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 39. Administer chapters 99G and 123.
Sec. 2470. REPEAL. Section 546.9, Code 2023, is repealed.
DIVISION XIII
-1366-DEPARTMENT FOR THE BLIND
Sec. 2471. Section 216B.2, subsection 1, Code 2023, is
amended to read as follows:
1. The commission for the blind is established consisting
of three members appointed by the governor, subject to
confirmation by the senate. Members of the commission shall
serve three-year terms beginning and ending as provided in
section 69.19. The members of the commission shall appoint
officers for the commission. A majority of the members of the
commission shall constitute a quorum.
Sec. 2472. NEW SECTION. 216B.3A Director — duties.
1. The director of the department shall be appointed by
the governor, subject to confirmation by the senate, and shall
serve at the pleasure of the governor. The governor shall set
the salary of the director within the applicable salary range
established by the general assembly.
2. The director shall be the executive officer of the
commission and shall be responsible for implementing policy set
by the commission. The director shall carry out programs and
policies as determined by the commission.
Sec. 2473. Section 216B.5, Code 2023, is amended to read as
follows:
216B.5 Commission employees.
The commission may employ staff who shall be qualified by
experience to assume the responsibilities of the offices. The
director shall be the administrative officer of the commission
and shall be responsible for implementing policy set by the
commission. The director shall carry out programs and policies
as determined by the commission.
Sec. 2474. APPOINTMENT OF DIRECTOR. On or before July 1,
2023, the governor shall appoint a director of the department
for the blind, effective July 1, 2023, as provided in this
division of this Act.
Sec. 2475. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
-1367-DIVISION XIV
DEPARTMENT OF EDUCATION
iowa educational services for the blind and visually impaired
and iowa school for the DEAF
Sec. 2476. Section 70A.14, subsection 3, paragraph c, Code
2023, is amended by striking the paragraph.
Sec. 2477. Section 70A.17A, subsection 1, paragraph
d, subparagraph (3), Code 2023, is amended by striking the
subparagraph.
Sec. 2478. Section 235A.15, subsection 2, paragraph
c, subparagraph (4), Code 2023, is amended by striking the
subparagraph.
Sec. 2479. NEW SECTION. 256.95 Iowa educational services
for the blind and visually impaired and Iowa school for the deaf.
The department shall do all of the following:
1. Administer the Iowa educational services for the blind
and visually impaired program.
2. Govern the Iowa school for the deaf.
3. Establish a hall of fame for distinguished graduates
of the Iowa school for the deaf, distinguished graduates of
the Iowa braille and sight saving school, and distinguished
participants in the Iowa educational services for the blind and
visually impaired program.
Sec. 2480. NEW SECTION. 256.103 Employees — contracts —
termination and discharge procedures.
Sections 279.12 through 279.19 and section 279.27 apply to
employees of the Iowa school for the deaf, who are licensed
pursuant to subchapter VII, part 3. In following those
sections in chapter 279, the references to boards of directors
of school districts shall be interpreted to apply to the
department.
Sec. 2481. NEW SECTION. 256.104 Students residing on
state-owned land.
The department shall pay to the local school boards the
tuition payments and transportation costs, as otherwise
-1368-authorized by statutes for the elementary or high school
education of students residing on land owned by the state and
under the control of the department. Such payments shall be
made from moneys appropriated to the department.
Sec. 2482. NEW SECTION. 256.105 Transfer of a student to
the university of Iowa hospitals and clinics.
The department may send any student of the Iowa school for
the deaf to the university of Iowa hospitals and clinics for
treatment and care. The department shall pay the traveling
expenses of such student, and when necessary the traveling
expenses of an attendant for the student, out of funds
appropriated for the use of the department.
Sec. 2483. NEW SECTION. 256.107 Administrative rules.
The state board shall adopt rules pursuant to chapter 17A to
administer this subchapter.
Sec. 2484. Section 256B.2, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. For those children who cannot adapt to the regular
educational or home living conditions, and who are attending
facilities under chapters chapter 263, 269, and 270 or chapter
256, subchapter V, upon the request of the board of directors
of an area education agency, the department of human services
shall provide residential or detention facilities and the area
education agency shall provide special education programs and
services. The area education agencies shall cooperate with
the board of regents department of education to provide the
services required by this chapter.
Sec. 2485. Section 256B.3, subsection 9, Code 2023, is
amended to read as follows:
9. To cooperate with existing agencies such as the
department of human services, the Iowa department of public
health, the Iowa school for the deaf, the Iowa braille and
sight saving school, the children’s hospitals, or other
agencies concerned with the welfare and health of children
requiring special education in the coordination of their
-1369-educational activities for such children.
Sec. 2486. Section 256B.10, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of education shall work with the state
Iowa school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health for purposes
of coordinating, developing, and disseminating resources for
use by parents or guardians, early hearing detection and
intervention programs, the state Iowa school for the deaf,
area education agencies, school districts, and accredited
nonpublic schools to inform deaf and hard-of-hearing children’s
expressive and receptive language acquisition or development.
Sec. 2487. Section 256B.10, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The duties of the department of education shall, at a
minimum, include all of the following:
Sec. 2488. Section 256B.10, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of education, in consultation with the state
Iowa school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health, shall select
existing tools or assessments that may be used by qualified
educators to assess American sign language and English language
and literacy development of deaf and hard-of-hearing children
from birth through age eight.
Sec. 2489. Section 256B.10, subsections 4 and 7, Code 2023,
are amended to read as follows:
4. The department of education shall disseminate the parent
resource developed pursuant to this section to parents and
guardians of deaf and hard-of-hearing children and, consistent
with federal law, shall disseminate the educator tools and
assessments selected pursuant to subsection 3 to early hearing
-1370-detection and intervention programs, area education agencies,
school districts, accredited nonpublic schools, and the
state Iowa school for the deaf for use in the development and
modification of individualized family service or individualized
education program plans, and shall provide materials and
training on the use of such materials to assist deaf and
hard-of-hearing children in kindergarten readiness using
American sign language or English, or both, from birth through
age eight.
7. The department of education shall annually compile,
and publish on the department’s internet site, a report using
existing data reported in compliance with the state performance
plan on pupils with disabilities, required under federal law,
that is specific to language and literacy development in deaf
and hard-of-hearing children from birth through age eight,
including those children who are deaf or hard of hearing and
have other disabilities, relative to the children’s peers who
are not deaf or hard of hearing.
Sec. 2490. Section 256B.10, subsection 5, paragraphs a, b,
and e, Code 2023, are amended to read as follows:
a. If moneys are appropriated by the general assembly for
a fiscal year for the purpose provided in this subsection,
the department of education shall develop guidelines for a
comprehensive family support mentoring program that meets the
language and communication needs of families.
b. The department of education shall work with the early
hearing detection and intervention program in the Iowa
department of public health, the state Iowa school for the
deaf, and the area education agencies when developing the
guidelines. The department of education, in consultation with
the Iowa school for the deaf, shall administer the family
support mentoring program for deaf or hard-of-hearing children.
e. The department of education shall coordinate family
support mentoring activities with the early hearing detection
and intervention program in the Iowa department of public
-1371-health, the state Iowa school for the deaf, the area education
agencies, and nonprofit organizations that provide family
support mentoring to parents with deaf or hard-of-hearing
children.
Sec. 2491. Section 256B.10, subsection 5, paragraph d,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
In establishing the family support mentoring program, the
department of education may do all of the following:
Sec. 2492. Section 261E.2, subsection 8, Code 2023, is
amended to read as follows:
8. “Student” means any individual enrolled in grades nine
through twelve in a school district who meets the criteria in
section 261E.3, subsection 1. “Student” includes an individual
attending an accredited nonpublic school or the Iowa school
for the deaf or the Iowa braille and sight saving school for
purposes of sections 261E.4 and 261E.6.
Sec. 2493. Section 261E.6, subsections 3, 4, and 6, Code
2023, are amended to read as follows:
3. Authorization. To participate in this program, an
eligible student shall make application to an eligible
postsecondary institution to allow the eligible student to
enroll for college credit in a nonsectarian course offered at
the institution. A comparable course, as defined in rules
adopted by the board of directors of the school district
consistent with department administrative rule, must not be
offered by the school district or accredited nonpublic school
the student attends. A course is ineligible for purposes
of this section if the school district has a contractual
agreement with the eligible postsecondary institution under
section 261E.8 that meets the requirements of section 257.11,
subsection 3, and the course may be delivered through such an
agreement in accordance with section 257.11, subsection 3.
If the postsecondary institution accepts an eligible student
for enrollment under this section, the institution shall send
-1372-written notice to the student, the student’s parent or legal
guardian in the case of a minor child, and the student’s school
district or accredited nonpublic school and the school district
in the case of a nonpublic school student, or the Iowa school
for the deaf or the Iowa braille and sight saving school. The
notice shall list the course, the clock hours the student will
be attending the course, and the number of hours of college
credit that the eligible student will receive from the eligible
postsecondary institution upon successful completion of the
course.
4. Credits.
a. A school district, the Iowa school for the deaf, the
Iowa braille and sight saving school, or accredited nonpublic
school shall grant high school credit to an eligible student
enrolled in a course under this chapter if the eligible student
successfully completes the course as determined by the eligible
postsecondary institution. The board of directors of the
school district, the board of regents department of education
for the Iowa school for the deaf and the Iowa braille and
sight saving school, or authorities in charge of an accredited
nonpublic school shall determine the number of high school
credits that shall be granted to an eligible student who
successfully completes a course. Eligible students may take
up to seven semester hours of credit during the summer months
when school is not in session and receive credit for that
attendance, if the student pays the cost of attendance for
those summer credit hours.
b. The high school credits granted to an eligible
student under this section shall count toward the graduation
requirements and subject area requirements of the school
district of residence, the Iowa school for the deaf, the Iowa
braille and sight saving school, or accredited nonpublic school
of the eligible student. Evidence of successful completion
of each course and high school credits and college credits
received shall be included in the student’s high school
-1373-transcript.
6. Definition. For purposes of this section and section
261E.7, unless the context otherwise requires, “eligible
student” means a student classified by the board of directors
of a school district, by the state board of regents department
of education for pupils of the Iowa school for the deaf and the
Iowa braille and sight saving school, or by the authorities
in charge of an accredited nonpublic school as a ninth or
tenth grade student who is identified according to the school
district’s gifted and talented criteria and procedures,
pursuant to section 257.43, as a gifted and talented child,
or an eleventh or twelfth grade student, during the period
the student is participating in the postsecondary enrollment
options program.
Sec. 2494. Section 261E.7, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Not later than June 30 of each year, a school district
shall pay a tuition reimbursement amount to a postsecondary
institution that has enrolled its resident eligible
students under this chapter, unless the eligible student is
participating in open enrollment under section 282.18, in which
case, the tuition reimbursement amount shall be paid by the
receiving district. However, if a child’s residency changes
during a school year, the tuition shall be paid by the district
in which the child was enrolled as of the date specified in
section 257.6, subsection 1, or the district in which the child
was counted under section 257.6, subsection 1, paragraph “a”,
subparagraph (6). For students enrolled at the Iowa school
for the deaf and the Iowa braille and sight saving school,
the state board of regents department of education shall pay
a tuition reimbursement amount by June 30 of each year. The
amount of tuition reimbursement for each separate course shall
equal the lesser of:
Sec. 2495. Section 262.7, subsections 4 and 5, Code 2023,
are amended by striking the subsections.
-1374- Sec. 2496. Section 262.9, subsection 2, Code 2023, is
amended to read as follows:
2. Elect a president of each of the institutions of higher
learning; a superintendent of each of the other institutions;
a treasurer and a secretarial officer for each institution
annually; professors, instructors, officers, and employees;
and fix their compensation. Sections 279.12 through 279.19
and section 279.27 apply to employees of the Iowa braille and
sight saving school and the Iowa school for the deaf, who are
licensed pursuant to chapter 272. In following those sections
in chapter 279, the references to boards of directors of
school districts shall be interpreted to apply to the board of
regents.
Sec. 2497. Section 262.9, subsection 21, Code 2023, is
amended by striking the subsection.
Sec. 2498. Section 262.43, Code 2023, is amended to read as
follows:
262.43 Students residing on state-owned land.
The state board of regents shall pay to the local school
boards the tuition payments and transportation costs, as
otherwise authorized by statutes for the elementary or high
school education of students residing on land owned by the
state and under the control of the state board of regents.
Such payments for the three institutions of higher learning,
the state university of Iowa, the Iowa state university of
science and technology, and the university of northern Iowa,
shall be made from the funds of the respective institutions
other than state appropriations, and for the two noncollegiate
institutions, the Iowa braille and sight saving school and the
Iowa school for the deaf, the payments and costs shall be paid
from moneys appropriated to the state board of regents.
Sec. 2499. Section 263.21, Code 2023, is amended to read as
follows:
263.21 Transfer of patients from state institutions.
The director of the department of human services, in respect
-1375-to institutions under the director’s control, the administrator
of any of the divisions of the department, in respect to
the institutions under the administrator’s control, and the
director of the department of corrections, in respect to the
institutions under the department’s control, and the state
board of regents, in respect to the Iowa braille and sight
saving school and the Iowa school for the deaf, may send any
inmate, student, or patient of an institution, or any person
committed or applying for admission to an institution, to the
university of Iowa hospitals and clinics for treatment and
care. The department of human services, and the department of
corrections, and the state board of regents shall respectively
pay the traveling expenses of such patient, and when necessary
the traveling expenses of an attendant for the patient, out of
funds appropriated for the use of the institution from which
the patient is sent.
Sec. 2500. Section 269.1, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
269.1 Iowa educational services for the blind and visually
impaired program.
Any resident of the state under twenty-one years of age who
is blind or visually impaired shall be entitled to receive the
services of the Iowa educational services for the blind and
visually impaired program. The department shall coordinate
with area education agencies and school districts on the
provision of these services for any eligible student.
Sec. 2501. Section 270.3, Code 2023, is amended to read as
follows:
270.3 Admission — Iowa school for the deaf.
Any resident of the state less than twenty-one years of
age who has a hearing loss which is too severe to acquire an
education in the public schools is eligible to attend the Iowa
school for the deaf. Nonresidents similarly situated may be
admitted to an education therein the Iowa school for the deaf
upon such terms as may be fixed by the state board of regents
-1376- department. The fee for nonresidents shall be set by the state
board of regents department.
Sec. 2502. Section 270.4, Code 2023, is amended to read as
follows:
270.4 Clothing and prescriptions.
The superintendent of the Iowa school for the deaf shall
provide students, who would otherwise be without, with clothing
or prescription refills, and shall bill the student’s parent
or guardian, if the student is a minor, or the student if the
student has attained the age of majority, for any clothing or
prescription refills provided. The bill shall be presumptive
evidence in all courts.
Sec. 2503. Section 270.8, Code 2023, is amended to read as
follows:
270.8 Residence during vacation.
The residence of indigent or homeless children may, by order
of the state board of regents department, be continued during
vacation months.
Sec. 2504. Section 270.9, Code 2023, is amended to read as
follows:
270.9 Iowa school for the deaf and the Iowa braille and sight
saving school — transportation reimbursement.
Funds appropriated to the Iowa school for the deaf and
the Iowa braille and sight saving school for payments to the
parents or guardians of pupils in either that institution shall
be expended as follows:
1. Transportation reimbursement at a rate established
annually by the state board of regents department to the
parents or guardians of children who do not reside in the
institution, but are transported to the institution on a daily
basis.
2. Transportation reimbursement at a rate established
annually by the state board of regents department to the
parents or guardians for transportation from the institution
to the residence of the parent or guardian and return to the
-1377-institution for children who reside in the institution.
Sec. 2505. Section 270.10, Code 2023, is amended to read as
follows:
270.10 Merger Closure requirements.
1. The state board of regents department shall not merge
close the Iowa school for the deaf at Council Bluffs with the
Iowa braille and sight saving school at Vinton or close either
of those institutions until all of the following requirements
have been met:
a. 1. The department of management has presented to the
general assembly a comprehensive plan, program, and fiscal
analysis of the existing circumstances and the circumstances
which would prevail upon the proposed merger or closing,
together with data which would support the contention that the
merger or closing will be more efficient and effective than
continuation of the existing facilities facility. The analysis
shall include a detailed study of the educational implications
of the merger or closing, the impact on the students, and
the opinions and research of nationally recognized experts
in the field of the education of visually impaired and deaf
or hard-of-hearing students. The comprehensive plan shall
further include a study relating to the programming, fiscal
consequences, and political implications which would result if
either a merger or an agreement under chapter 28E should be
implemented between the Iowa school for the deaf in Council
Bluffs and comparable state programs in the state of Nebraska.
b. 2. The general assembly has studied the plans, programs,
and fiscal analysis and has reviewed their impact on the
programs.
c. 3. The general assembly has enacted legislation
authorizing either the closing or the merger to take effect not
sooner than two years after the enactment of the legislation.
2. This section shall not apply to an agreement related to
the sale or transfer of the property of the Iowa braille and
sight saving school at Vinton entered into between the state
-1378-of Iowa and the city of Vinton.
Sec. 2506. Section 280.16, subsection 7, Code 2023, is
amended to read as follows:
7. The Iowa braille and sight saving school, the Iowa school
for the deaf, and the institutions under the control of the
department of human services as provided in section 218.1 are
exempt from the provisions of this section.
Sec. 2507. Section 321.1, subsection 8, paragraph i, Code
2023, is amended to read as follows:
i. If authorized to transport students or clients by the
superintendent of the Iowa braille and sight saving school
or of the Iowa school for the deaf, or the superintendent’s
respective designee, an employee of the Iowa braille and
sight saving school or the Iowa school for the deaf is not a
chauffeur when transporting the students or clients.
Sec. 2508. Section 331.381, subsection 9, Code 2023, is
amended to read as follows:
9. Comply with chapters 269 and 270 chapter 256, subchapter
V, in regard to the payment of costs for pupils at the Iowa
braille and sight saving school and the Iowa school for the
deaf.
Sec. 2509. Section 331.424, subsection 1, paragraph a,
subparagraph (1), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) Clothing, transportation, medical, or other services
provided persons attending the Iowa braille and sight saving
school, the Iowa school for the deaf, or the university of Iowa
hospitals and clinics’ center for disabilities and development
for children with severe disabilities at Iowa City, for which
the county becomes obligated to pay pursuant to sections
263.12, 269.2, and 270.4.
Sec. 2510. Section 331.552, subsection 13, Code 2023, is
amended to read as follows:
13. Make transfer payments to the state for school expenses
for blind and deaf and hard-of-hearing children and support of
-1379-persons with mental illness as provided in sections section
230.21 and 269.2.
Sec. 2511. Section 483A.24, subsection 7, Code 2023, is
amended to read as follows:
7. A license shall not be required of minor pupils of
the Iowa braille and sight saving school, Iowa school for
the deaf, or of minor residents of other state institutions
under the control of an administrator of a division of the
department of human services. In addition, a person who is
on active duty with the armed forces of the United States,
on authorized leave from a duty station located outside of
this state, and a resident of the state of Iowa shall not be
required to have a license to hunt or fish in this state. The
military person shall carry the person’s leave papers and a
copy of the person’s current earnings statement showing a
deduction for Iowa income taxes while hunting or fishing. In
lieu of carrying the person’s earnings statement, the military
person may also claim residency if the person is registered to
vote in this state. If a deer or wild turkey is taken, the
military person shall immediately contact a state conservation
officer to obtain an appropriate tag to transport the animal.
A license shall not be required of residents of county care
facilities or any person who is receiving supplementary
assistance under chapter 249.
Sec. 2512. REPEAL. Section 269.2, Code 2023, is repealed.
Sec. 2513. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 256B.10 to section 256.106.
b. Section 269.1 to section 256.96.
c. Section 270.1 to section 256.98.
d. Section 270.3 to section 256.97.
e. Section 270.4 to section 256.99.
f. Section 270.8 to section 256.100.
g. Section 270.9 to section 256.101.
-1380- h. Section 270.10 to section 256.102.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate sections 256.95 through
256.107, as amended or enacted in this division of this Act, as
new subchapter V within chapter 256, entitled “Iowa educational
services for the blind and visually impaired program and Iowa
school for the deaf”.
Sec. 2514. TRANSITION PROVISIONS.
1. The property and records in the custody of the state
board of regents relating to the Iowa braille and sight saving
school, the Iowa school for the deaf, the hall of fame for
distinguished graduates at the Iowa braille and sight saving
school, and the hall of fame for distinguished graduates at the
Iowa school for the deaf shall be transferred to the department
of education.
2. All employees of the Iowa school for the deaf established
pursuant to chapter 270 shall be considered employees of the
department of education on the effective date of this division
of this Act without incurring any loss in salary, benefits, or
accrued years of service.
INNOVATION DIVISION
Sec. 2515. Section 268.7, Code 2023, is amended to read as
follows:
268.7 Science, Innovation division — science, technology,
engineering, and mathematics collaborative initiative.
1. The innovation division of the department of education
is created. The chief administrative officer of the division
is the administrator who shall be a highly qualified science,
technology, engineering, and mathematics advocate and shall be
appointed by the director.
2. The administrator shall do all of the following:
a. Direct and organize the activities of the division,
including the science, technology, engineering, and mathematics
-1381-collaborative initiative created in subsection 3.
b. Control all property of the division.
c. Perform other duties imposed by law.
1. 3. A science, technology, engineering, and mathematics
collaborative initiative is established at the university of
northern Iowa within the innovation division for purposes
of supporting activities directly related to recruitment of
prekindergarten through grade twelve mathematics and science
teachers for ongoing mathematics and science programming for
students enrolled in prekindergarten through grade twelve.
2. 4. The collaborative initiative shall prioritize
student interest in achievement in science, technology,
engineering, and mathematics; reach every student and teacher
in every school district in the state; identify, recruit,
prepare, and support the best mathematics and science teachers;
and sustain exemplary programs through the university’s Iowa
mathematics and science education partnership. The university
innovation division shall collaborate with the community
colleges to develop science, technology, engineering, and
mathematics professional development programs for community
college instructors and for purposes of science, technology,
engineering, and mathematics curricula development.
3. 5. Subject to an appropriation of funds moneys by the
general assembly, the initiative innovation division shall
administer the following:
a. Regional science, technology, engineering, and
mathematics networks for Iowa, the purpose of which is to
equalize science, technology, engineering, and mathematics
education enrichment opportunities available to learners
statewide. The initiative innovation division shall establish
six geographically similar regional science, technology,
engineering, and mathematics networks across Iowa that
complement and leverage existing resources, including but
not limited to extension service assets, area education
agencies, state accredited postsecondary institutions,
-1382-informal educational centers, school districts, economic
development zones, and existing public and private science,
technology, engineering, and mathematics partnerships. Each
network shall be managed by a highly qualified science,
technology, engineering, and mathematics advocate positioned
at a network hub to be determined through a competitive
application process. Oversight for each regional network
shall be provided by a regional advisory board. Members of
the board shall be appointed by the governor. The membership
shall represent prekindergarten through grade twelve school
districts and schools, and higher education, business,
nonprofit organizations, youth agencies, and other appropriate
stakeholders.
b. A focused array of the best science, technology,
engineering, and mathematics enrichment opportunities, selected
through a competitive application process, that can be expanded
to meet future needs. A limited, focused list of selected
exemplary programs shall be made available to each regional
network.
c. Statewide science, technology, engineering, and
mathematics programming designed to increase participation of
students and teachers in successful learning experiences; to
increase the number of science, technology, engineering, and
mathematics-related teaching majors offered by the state’s
universities; to elevate public awareness of the opportunities;
and to increase collaboration and partnerships.
4. 6. The initiative innovation division shall evaluate the
effectiveness of programming to document best practices.
7. The state board shall adopt rules pursuant to chapter 17A
to administer this section.
Sec. 2516. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 268.7 to section 256.111.
2. The Code editor shall correct internal references in the
-1383-Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate section 256.111, as enacted
in this division of this Act, as new subchapter VI within
chapter 256, entitled “Innovation Division”.
Sec. 2517. TRANSITION PROVISIONS.
1. The property and records in the custody of the state
board of regents or the university of northern Iowa relating
to the science, technology, engineering, and mathematics
collaborative initiative shall be transferred to the department
of education on or before the effective date of this division
of this Act.
2. All employees of the university of northern Iowa whose
primary workplace is located at the university of northern Iowa
under the science, technology, engineering, and mathematics
collaborative initiative established pursuant to section 268.7
shall be considered employees of the innovation division of the
department of education on the effective date of this division
of this Act without incurring any loss in salary, benefits, or
accrued years of service.
3. The state board of regents and the university of
northern Iowa shall assist the department of education in
implementing this division of this Act by providing for an
effective transition of powers and duties from one entity
to another under section 268.7, chapters 256 and 262, and
related administrative rules. To the extent requested by
the department of education, such assistance shall include
assisting in cooperating with federal agencies such as the
United States department of education.
4. Any contract issued or entered into by the state board
of regents or the university of northern Iowa relating to the
provisions of section 268.7, in effect on the effective date
of this division of this Act, shall continue in full force and
effect pending transfer of such contract to the innovation
division of the department of education.
-1384- 5. Federal funds utilized by the state board of regents or
the university of northern Iowa prior to the effective date of
this division of this Act to employ personnel necessary for
the administration of the science, technology, engineering,
and mathematics collaborative initiative established pursuant
to section 268.7 shall be applied to and be available for the
transfer of such personnel from the state board of regents or
the university of northern Iowa to the innovation division of
the department of education.
HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
Sec. 2518. Section 256.1, subsection 1, Code 2023, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. g. The Iowa educational services for the
blind and visually impaired program.
NEW PARAGRAPH. h. The Iowa school for the deaf.
NEW PARAGRAPH. i. The science, technology, engineering,
and mathematics collaborative initiative within the innovation
division of the department.
NEW PARAGRAPH. j. The college student aid commission within
the higher education division of the department.
NEW PARAGRAPH. k. The board of educational examiners within
the higher education division of the department.
NEW PARAGRAPH. l. Career and technical education programs
offered by school districts or community colleges.
Sec. 2519. Section 256.7, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Except for the college student aid commission, the
commission of libraries and division of library services,
higher education division; the bureaus, boards, and commissions
within the higher education division; and the public
broadcasting board and division, the state board shall:
Sec. 2520. Section 256.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Except for the college student aid commission, the
commission of libraries and division of library services,
-1385- higher education division; the bureaus, boards, and commissions
within the higher education division; and the public
broadcasting board and division, the director shall:
Sec. 2521. NEW SECTION. 256.121 Higher education division
created.
1. The higher education division of the department of
education is created. The chief administrative officer of the
division is the administrator who shall be appointed by the
director.
2. The administrator shall do all of the following:
a. Administer and coordinate all of the following bureaus,
boards, and commissions within the higher education division:
(1) The community colleges and post-secondary readiness
bureau under part 2.
(2) The board of educational examiners under part 3.
(3) The college student aid commission under part 4.
(4) The community colleges bureau under chapter 260C.
b. Direct and organize the activities of the division.
c. Control all property of the division.
d. Hire and control the personnel employed by the division.
e. Perform other duties imposed by law.
Sec. 2522. CODE EDITOR DIRECTIVE. The Code editor may
designate section 256.121 as new subchapter VII within chapter
256, entitled “Higher Education Division”, and new part 1
within new subchapter VII entitled “General Provisions”.
COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU
Sec. 2523. Section 256.7, subsection 2, Code 2023, is
amended to read as follows:
2. Constitute the state board for career and technical
education under chapter 258 subchapter VII, part 2.
Sec. 2524. Section 256.11, subsection 5, paragraph h,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Instructional programs provided under subparagraph (1)
shall comply with the provisions of chapter 258 subchapter VII,
part 2, relating to career and technical education, and shall
-1386-be articulated with postsecondary programs of study and include
field, laboratory, or on-the-job training. Each sequential
unit shall contain a portion of a career and technical
education program approved by the department. Standards for
instructional programs shall include but not be limited to new
and emerging technologies; job-seeking, job-adaptability, and
other employment, self-employment and entrepreneurial skills
that reflect current industry standards and labor-market needs;
and reinforcement of basic academic skills.
Sec. 2525. Section 257.51, subsection 3, Code 2023, is
amended to read as follows:
3. The department of education shall adopt rules to
establish and administer a career academy grant program
to provide for the allocation of money in the fund in
the form of competitive grants, not to exceed one million
dollars per grant, to school corporations for career academy
infrastructure, career academy equipment, or both, in
accordance with the goals of this section and to further the
goals of the establishment and operation of career academies
under section 258.15. The rules adopted by the department
of education shall specify the eligibility of applicants
and eligible items for grant funding. Priority for grants
shall first be given to applications to establish new career
academies that are organized as regional centers pursuant to
chapter 258 256, subchapter VII, part 2. Subsequent priority
shall be given to applications for expanding existing career
academies.
Sec. 2526. Section 258.3, Code 2023, is amended to read as
follows:
258.3 Personnel Community colleges and post-secondary
readiness bureau — personnel.
The director of the department of education shall appoint
the bureau chief of the community colleges and post-secondary
readiness bureau, and the bureau chief shall direct the work of
personnel as necessary to carry out this chapter part.
-1387- Sec. 2527. Section 258.3A, subsection 3, Code 2023, is
amended to read as follows:
3. Adopt rules prescribing standards for approval of school
district career and technical education programs; and community
colleges with career and technical education programs; and
practitioner preparation schools, departments, and classes,
applying for federal and state moneys under this chapter part.
Sec. 2528. Section 258.4, subsection 10, Code 2023, is
amended to read as follows:
10. Notwithstanding the accreditation process contained
in section 256.11, permit school districts that provide a
program which does not meet the standards for accreditation
for career and technical education to cooperate with the
regional career and technical education planning partnership
and contract for an approved program under this chapter part
without losing accreditation. A school district that fails
to cooperate with the regional career and technical education
planning partnership and contract for an approved program
shall, however, be subject to section 256.11.
Sec. 2529. Section 258.6, Code 2023, is amended to read as
follows:
258.6 Definitions.
As used in this chapter part:
1. “Approved career and technical education program” means
a career and technical education program offered by a school
district or community college and approved by the department
bureau which meets the standards for career and technical
education programs adopted by the state board under this
chapter part.
2. “Approved practitioner preparation school, department,
or class” means a school, department, or class approved by the
state board as entitled under this chapter part to federal
moneys for the training of teachers of career and technical
education subjects.
3. “Approved regional career and technical education
-1388-planning partnership” means a regional entity that meets the
standards for regional career and technical education planning
partnerships adopted by the state board pursuant to section
258.3A and section 258.14.
4. “Career academy” means a career academy established under
section 258.15.
5. “Career and technical education service area” means
any one of the service areas specified in section 256.11,
subsection 5, paragraph “h”.
6. “Department” means the department of education.
7. “Director” means the director of the department of
education.
8. 6. “Sector partnership” means a regional industry sector
partnership established pursuant to section 260H.7B.
9. 7. “State board” means the state board for career and
technical education as provided in section 258.2.
10. 8. “Work-based learning” means opportunities and
experiences that include but are not limited to tours, job
shadowing, rotations, mentoring, entrepreneurship, service
learning, internships, and apprenticeships.
11. 9. “Work-based learning intermediary network” means the
statewide work-based learning intermediary network established
pursuant to section 256.40.
Sec. 2530. Section 258.9, subsection 1, Code 2023, is
amended to read as follows:
1. The board of directors of a school district or community
college that maintains a career and technical education
program receiving federal or state funds under this chapter
part shall, as a condition of approval by the state board,
appoint a local advisory council for each career and technical
education program offered by the school district or community
college. However, a school district and a community college
that maintain a career and technical education program
receiving federal or state funds may create a joint local
advisory council. The membership of each local advisory
-1389-council shall consist of public members with expertise in
the occupation or occupational field related to the career
and technical education program. The local advisory council
shall give advice and assistance to the board of directors,
administrators, and instructors in the establishment and
maintenance of the career and technical education program.
Sec. 2531. Section 258.11, Code 2023, is amended to read as
follows:
258.11 Salary and expenses for administration.
The director may make expenditures for salaries and other
expenses as necessary to the proper administration of this
chapter part.
Sec. 2532. Section 260C.14, subsection 1, Code 2023, is
amended to read as follows:
1. Determine the curriculum to be offered in such school or
college subject to approval of the director and ensure that all
career and technical education offerings are competency-based,
provide any minimum competencies required by the department
of education, comply with any applicable requirements in
chapter 258 256, subchapter VII, part 2, and are articulated
with local school district career and technical education
programs. If an existing private educational institution or an
existing vocational institution offering a career and technical
education program within the merged area has facilities and
curriculum of adequate size and quality which would duplicate
the functions of the area school, the board of directors shall
discuss with the institution the possibility of entering into
contracts to have the existing institution offer facilities
and curriculum to students of the merged area. The board of
directors shall consider any proposals submitted by the private
institution for providing such facilities and curriculum. The
board of directors may enter into such contracts. In approving
curriculum, the director shall ascertain that all courses
and programs submitted for approval are needed and that the
curriculum being offered by an area school does not duplicate
-1390-programs provided by existing public or private facilities in
the area. In determining whether duplication would actually
exist, the director shall consider the needs of the area
and consider whether the proposed programs are competitive
as to size, quality, tuition, purposes, and area coverage
with existing public and private educational or vocational
institutions within the merged area. If the board of directors
of the merged area chooses not to enter into contracts with
private institutions under this subsection, the board shall
submit a list of reasons why contracts to avoid duplication
were not entered into and an economic impact statement relating
to the board’s decision.
Sec. 2533. Section 598.21B, subsection 2, paragraph e,
subparagraph (1), subparagraph division (c), Code 2023, is
amended to read as follows:
(c) The parent is attending a career and technical education
program approved pursuant to chapter 258 256, subchapter VII,
part 2.
Sec. 2534. EMERGENCY RULES. The state board of education
may adopt emergency rules under section 17A.4, subsection 3,
and section 17A.5, subsection 2, paragraph “b”, to implement
the provisions of this division of this Act pertaining to the
community colleges and post-secondary readiness bureau and
the rules shall be effective immediately upon filing unless
a later date is specified in the rules. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 2535. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 258.1 to section 256.126.
b. Section 258.2 to section 256.127.
c. Section 258.3 to section 256.128.
d. Section 258.3A to section 256.129.
e. Section 258.4 to section 256.130.
-1391- f. Section 258.5 to section 256.131.
g. Section 258.6 to section 256.125.
h. Section 258.9 to section 256.132.
i. Section 258.10 to section 256.133.
j. Section 258.11 to section 256.134.
k. Section 258.12 to section 256.135.
l. Section 258.14 to section 256.136.
m. Section 258.15 to section 256.137.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate sections 256.125 through
256.137, as amended or enacted in this division of this Act,
as new part 2 entitled “Community Colleges and Post-Secondary
Readiness Bureau” within the subchapter entitled “Higher
Education Division” as enacted by another division of this Act.
Sec. 2536. TRANSITION PROVISIONS.
1. Any contract issued or entered into by the state board
of education or the department of education relating to the
provisions of chapter 258, in effect on the effective date
of this division of this Act, shall continue in full force
and effect pending transfer of such contract to the higher
education division of the department of education.
2. All employees of the department of education who work
under the career and technical education program established
pursuant to chapter 258 shall be considered employees of the
community colleges and post-secondary readiness bureau of the
higher education division of the department of education on the
effective date of this division of this Act without incurring
any loss in salary, benefits, or accrued years of service.
BOARD OF EDUCATIONAL EXAMINERS
Sec. 2537. Section 20.17, subsection 10, paragraph a, Code
2023, is amended to read as follows:
a. In the absence of an impasse agreement negotiated
pursuant to section 20.19 which provides for a different
-1392-completion date, public employees represented by a certified
employee organization who are teachers licensed under chapter
272 256, subchapter VII, part 3, and who are employed by a
public employer which is a school district or area education
agency shall complete the negotiation of a proposed collective
bargaining agreement not later than May 31 of the year
when the agreement is to become effective. The board shall
provide, by rule, a date on which impasse items in such cases
must be submitted to binding arbitration and for such other
procedures as deemed necessary to provide for the completion
of negotiations of proposed collective bargaining agreements
not later than May 31. The date selected for the mandatory
submission of impasse items to binding arbitration in such
cases shall be sufficiently in advance of May 31 to ensure that
the arbitrator’s award can be reasonably made by May 31.
Sec. 2538. Section 20.19, subsection 1, Code 2023, is
amended to read as follows:
1. As the first step in the performance of their duty to
bargain, the public employer and the employee organization
shall endeavor to agree upon impasse procedures. Such
agreement shall provide for implementation of these impasse
procedures not later than one hundred twenty days prior to
the certified budget submission date of the public employer.
However, if public employees represented by the employee
organization are teachers licensed under chapter 272 256,
subchapter VII, part 3, and the public employer is a school
district or area education agency, the agreement shall provide
for implementation of impasse procedures not later than one
hundred twenty days prior to May 31 of the year when the
collective bargaining agreement is to become effective. If the
public employer is a community college, the agreement shall
provide for implementation of impasse procedures not later than
one hundred twenty days prior to May 31 of the year when the
collective bargaining agreement is to become effective. If
the public employer is not subject to the budget certification
-1393-requirements of section 24.17 and other applicable sections,
the agreement shall provide for implementation of impasse
procedures not later than one hundred twenty days prior
to the date the next fiscal or budget year of the public
employer commences. If the parties fail to agree upon impasse
procedures under the provisions of this section, the impasse
procedures provided in sections 20.20 and 20.22 shall apply.
Sec. 2539. Section 20.20, Code 2023, is amended to read as
follows:
20.20 Mediation.
In the absence of an impasse agreement negotiated pursuant
to section 20.19 or the failure of either party to utilize its
procedures, one hundred twenty days prior to the certified
budget submission date, or one hundred twenty days prior to
May 31 of the year when the collective bargaining agreement
is to become effective if public employees represented by the
employee organization are teachers licensed under chapter
272 256, subchapter VII, part 3, and the public employer is
a school district or area education agency, the board shall,
upon the request of either party, appoint an impartial and
disinterested person to act as mediator. If the public
employer is a community college, and in the absence of an
impasse agreement negotiated pursuant to section 20.19 or
the failure of either party to utilize its procedures, one
hundred twenty days prior to May 31 of the year when the
collective bargaining agreement is to become effective, the
board, upon the request of either party, shall appoint an
impartial and disinterested person to act as mediator. If the
public employer is not subject to the budget certification
requirements of section 24.17 or other applicable sections and
in the absence of an impasse agreement negotiated pursuant
to section 20.19, or the failure of either party to utilize
its procedures, one hundred twenty days prior to the date the
next fiscal or budget year of the public employer commences,
the board, upon the request of either party, shall appoint an
-1394-impartial and disinterested person to act as a mediator. It
shall be the function of the mediator to bring the parties
together to effectuate a settlement of the dispute, but the
mediator may not compel the parties to agree.
Sec. 2540. Section 235A.15, subsection 2, paragraph e,
subparagraph (9), Code 2023, is amended to read as follows:
(9) To the board of educational examiners created under
chapter 272 256 for purposes of determining whether a license,
certificate, or authorization should be issued, denied, or
revoked.
Sec. 2541. Section 235B.6, subsection 2, paragraph e,
subparagraph (13), Code 2023, is amended to read as follows:
(13) To the board of educational examiners created under
chapter 272 256 for purposes of determining whether a license,
certificate, or authorization should be issued, denied, or
revoked.
Sec. 2542. Section 256.7, subsection 26, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The rules shall allow a school district or accredited
nonpublic school to award high school credit to an enrolled
student upon the demonstration of required competencies for
a course or content area, as approved by a teacher licensed
under chapter 272 subchapter VII, part 3. The school district
or accredited nonpublic school shall determine the assessment
methods by which a student demonstrates sufficient evidence of
the required competencies.
Sec. 2543. Section 256.7, subsection 32, paragraph c, Code
2023, is amended to read as follows:
c. Rules adopted pursuant to this subsection shall require
that online learning coursework offered by school districts,
accredited nonpublic schools, and area education agencies be
rigorous, high-quality, aligned with the Iowa core and core
content requirements and standards and the national standards
of quality for online courses issued by an internationally
recognized association for kindergarten through grade twelve
-1395-online learning, and taught by a teacher licensed under chapter
272 subchapter VII, part 3, who has specialized training or
experience in online learning, including but not limited to an
online-learning-for-Iowa-educators-professional-development
project offered by area education agencies, a teacher
preservice program, or comparable coursework.
Sec. 2544. Section 256.9, subsection 55, Code 2023, is
amended to read as follows:
55. Develop and maintain a list of approved online
providers that provide course content through an online
learning platform taught by a teacher licensed under chapter
272 subchapter VII, part 3, who has specialized training or
experience in online learning including but not limited to an
online-learning-for-Iowa-educators-professional-development
project offered by area education agencies, a teacher
preservice program, or comparable coursework, and whose online
learning coursework meets the requirements established by
rule pursuant to section 256.7, subsection 32, paragraph “c”.
Providers shall apply for approval annually or as determined
by the department.
Sec. 2545. Section 256.11, subsections 9, 9A, and 9B, Code
2023, are amended to read as follows:
9. Beginning July 1, 2006, each school district shall have a
qualified teacher librarian who shall be licensed by the board
of educational examiners under chapter 272 subchapter VII,
part 3. The state board shall establish in rule a definition
of and standards for an articulated sequential kindergarten
through grade twelve media program. A school district that
entered into a contract with an individual for employment as a
media specialist or librarian prior to June 1, 2006, shall be
considered to be in compliance with this subsection until June
30, 2011, if the individual is making annual progress toward
meeting the requirements for a teacher librarian endorsement
issued by the board of educational examiners under chapter
272 subchapter VII, part 3. A school district that entered
-1396-into a contract with an individual for employment as a media
specialist or librarian who holds at least a master’s degree in
library and information studies shall be considered to be in
compliance with this subsection until the individual leaves the
employ of the school district.
9A. Beginning July 1, 2007, each school district shall have
a qualified guidance counselor who shall be licensed by the
board of educational examiners under chapter 272 subchapter
VII, part 3. Each school district shall work toward the
goal of having one qualified guidance counselor for every
three hundred fifty students enrolled in the school district.
The state board shall establish in rule a definition of and
standards for an articulated sequential kindergarten through
grade twelve guidance and counseling program.
9B. Beginning July 1, 2007, each school district shall have
a school nurse to provide health services to its students.
Each school district shall work toward the goal of having one
school nurse for every seven hundred fifty students enrolled in
the school district. For purposes of this subsection, “school
nurse” means a person who holds an endorsement or a statement of
professional recognition for school nurses issued by the board
of educational examiners under chapter 272 subchapter VII, part
3.
Sec. 2546. Section 256.11, subsection 17, paragraph a,
subparagraph (1), subparagraph division (a), Code 2023, is
amended to read as follows:
(a) The school district or accredited nonpublic school
makes every reasonable and good faith effort to employ a
teacher licensed under chapter 272 subchapter VII, part 3, for
the specified subject and is unable to employ such a teacher.
Sec. 2547. Section 256.11, subsection 17, paragraph c,
subparagraphs (1) and (3), Code 2023, are amended to read as
follows:
(1) An online learning platform if the course is developed
by the school district or accredited nonpublic school itself
-1397-or is developed by a partnership or consortium of schools
that have developed the course individually or cooperatively,
provided the course is taught and supervised by a teacher
licensed under chapter 272 subchapter VII, part 3, who has
online learning experience and the course content meets the
requirements established by rule pursuant to section 256.7,
subsection 32, paragraph “c”. A partnership or consortium of
schools may include two or more school districts or accredited
nonpublic schools, or any combination thereof.
(3) An online learning platform offered, subject to the
initial availability of federal funds, by the department in
collaboration with one or more area education agencies or in
partnership with school districts and accredited nonpublic
schools. The online learning platform may deliver distance
education to students, including students receiving competent
private instruction under chapter 299A, provided such students
register with the school district of residence and the
coursework offered by the online learning platform is taught
and supervised by a teacher licensed under chapter 272
subchapter VII, part 3, who has online learning experience and
the course content meets the requirements established by rule
pursuant to section 256.7, subsection 32, paragraph “c”. The
department and the area education agencies operating online
learning programs pursuant to section 273.16 shall coordinate
to ensure the most effective use of resources and delivery
of services. Federal funds, if available, may be used to
offset what would otherwise be costs to school districts for
participation in the program.
Sec. 2548. Section 256.16, subsection 2, Code 2023, is
amended to read as follows:
2. A person initially applying for a license shall
successfully complete a practitioner preparation program
approved under section 256.7, subsection 3, and containing the
subject matter specified in this section, before the initial
action by the board of educational examiners under chapter 272
-1398- subchapter VII, part 3, takes place.
Sec. 2549. Section 256.41, subsection 2, Code 2023, is
amended to read as follows:
2. Online learning curricula shall be provided and
supervised by a teacher licensed under chapter 272 subchapter
VII, part 3.
Sec. 2550. Section 256.43, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. High-quality online instruction taught by teachers
licensed under chapter 272 subchapter VII, part 3.
Sec. 2551. Section 256.43, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. At the discretion of the school board or authorities in
charge of an accredited nonpublic school, after consideration
of circumstances created by necessity, convenience, and
cost-effectiveness, courses developed by private providers may
be utilized by the school district or school in implementing a
high-quality online learning program. Courses obtained from
private providers shall be taught by teachers licensed under
chapter 272 subchapter VII, part 3.
Sec. 2552. Section 256.43, subsection 3, Code 2023, is
amended to read as follows:
3. Grading. Grades in online courses shall be based,
at a minimum, on whether a student mastered the subject,
demonstrated competency, and met the standards established
by the school district. Grades shall be conferred only by
teachers licensed under chapter 272 subchapter VII, part 3.
Sec. 2553. Section 256C.3, subsection 2, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The individual is appropriately licensed under chapter
272 256, subchapter VII, part 3, and meets requirements under
chapter 284.
Sec. 2554. Section 256E.7, subsection 4, paragraph b,
subparagraphs (1), (2), and (3), Code 2023, are amended to read
as follows:
-1399- (1) An administrator who holds a valid license under chapter
272 256, subchapter VII, part 3.
(2) A teacher who holds a valid license under chapter 272
256, subchapter VII, part 3.
(3) An individual who holds an authorization to be a
charter school administrator issued by the board of educational
examiners under chapter 272 256, subchapter VII, part 3. The
board of educational examiners shall adopt rules for the
issuance of such authorizations not later than December 31,
2021, and such authorizations shall only be valid for service
or employment as a charter school administrator.
Sec. 2555. Section 257.11, subsection 3, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The school district has made every reasonable and good
faith effort to employ a teacher licensed under chapter 272
256, subchapter VII, part 3, for the science or mathematics
unit, as applicable, and is unable to employ such a teacher.
For purposes of this paragraph “c”, “good faith effort” means
the same as defined in section 279.19A, subsection 9.
Sec. 2556. Section 260C.48, subsection 1, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) For purposes of subparagraph (1), subparagraph
divisions (b) and (c), if the instructor is a licensed
practitioner who holds a career and technical endorsement
under chapter 272 256, subchapter VII, part 3, relevant work
experience in the occupational area includes but is not limited
to classroom instruction in a career and technical education
subject area offered by a school district or accredited
nonpublic school.
Sec. 2557. Section 261.1, subsection 2, paragraph d,
subparagraph (5), Code 2023, is amended to read as follows:
(5) One member shall represent practitioners licensed under
chapter 272 256, subchapter VII, part 3. When appointing
this member, the governor shall give careful consideration to
any person nominated by an Iowa teacher association or other
-1400-education stakeholder organization.
Sec. 2558. Section 261E.4, subsection 3, Code 2023, is
amended to read as follows:
3. A school district shall ensure that advanced placement
course teachers or instructors are appropriately licensed
by the board of educational examiners in accordance with
chapter 272 256, subchapter VII, part 3, and meet the minimum
certification requirements of the national organization that
administers the advanced placement program.
Sec. 2559. Section 261H.2, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. If it is determined, after exhaustion of all available
administrative and judicial appeals, that a faculty member
knowingly and intentionally restricts the protected speech or
otherwise penalizes a student in violation of this subsection,
the faculty member shall be subject to discipline by the
institution through the normal disciplinary processes of the
institution, and such discipline may include termination
depending on the totality of the facts. If the faculty member
is licensed by the board of educational examiners under chapter
272 256, subchapter VII, part 3, the board of educational
examiners shall conduct a hearing pursuant to section 272.13,
and the faculty member may be subject to disciplinary action
by the board.
Sec. 2560. Section 272.1, Code 2023, is amended to read as
follows:
272.1 Definitions.
As used in this part, unless the context otherwise requires:
1. “Administrator” means a person who is licensed to
coordinate, supervise, or direct an educational program or the
activities of other practitioners.
2. “Board” means the board of educational examiners.
3. “Certificate” means limited recognition to perform
instruction and instruction-related duties in school, other
than those duties for which practitioners are licensed. A
-1401-certificate is nonexclusive recognition and does not confer the
exclusive authority of a license.
4. “Department” means the state department of education.
5. 4. “License” means the authority that is given to allow
a person to legally serve as a practitioner, a school, an
institution, or a course of study to legally offer professional
development programs, other than those programs offered by
practitioner preparation schools, institutions, courses of
study, or area education agencies. A license is the exclusive
authority to perform these functions.
6. 5. “Offense directly relates” refers to either of the
following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
7. 6. “Para-educator” means a person who is certified to
assist a teacher in the performance of instructional tasks to
support and assist classroom instruction and related school
activities.
8. 7. “Practitioner” means an administrator, teacher,
or other licensed professional, including an individual who
holds a statement of professional recognition, who provides
educational assistance to students.
9. 8. “Practitioner preparation program” means a program
approved by the state board of education which prepares a
person to obtain a license as a practitioner.
10. 9. “Principal” means a licensed member of a school’s
instructional staff who serves as an instructional leader,
coordinates the process and substance of educational and
instructional programs, coordinates the budget of the school,
provides formative evaluation for all practitioners and other
persons in the school, recommends or has effective authority
to appoint, assign, promote, or transfer personnel in a school
-1402-building, implements the local school board’s policy in a
manner consistent with professional practice and ethics, and
assists in the development and supervision of a school’s
student activities program.
11. 10. “Professional development program” means a course or
program which is offered by a person or agency for the purpose
of providing continuing education for the renewal or upgrading
of a practitioner’s license.
12. 11. “School” means a school under section 280.2, an
area education agency, and a school operated by a state agency
for special purposes.
13. 12. “School administration manager” means a person
who is authorized to assist a school principal in performing
noninstructional administrative duties.
14. 13. “School service personnel” means those persons
holding a practitioner’s license who provide support services
for a student enrolled in school or to practitioners employed
in a school.
15. 14. “Student” means a person who is enrolled in
a course of study at a school or practitioner preparation
program, or who is receiving direct or indirect assistance from
a practitioner.
16. 15. “Superintendent” means an administrator
who promotes, demotes, transfers, assigns, or evaluates
practitioners or other personnel, and carries out the policies
of a governing board in a manner consistent with professional
practice and ethics.
17. 16. “Teacher” means a licensed member of a school’s
instructional staff who diagnoses, prescribes, evaluates,
and directs student learning in a manner which is consistent
with professional practice and school objectives, shares
responsibility for the development of an instructional program
and any coordinating activities, evaluates or assesses student
progress before and after instruction, and who uses the student
evaluation or assessment information to promote additional
-1403-student learning.
18. 17. “Work-based learning program supervisor” means a
person who is certified pursuant to section 272.16 to supervise
students’ opportunities and experiences related to workplace
tours, job shadowing, rotations, mentoring, entrepreneurship,
service learning, internships, and apprenticeships.
Sec. 2561. Section 272.2, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The board of educational examiners is created within the
higher education division of the department of education to
exercise the exclusive authority to:
Sec. 2562. Section 272.2, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. License practitioners, which includes the authority to
establish do all of the following:
(1) Establishcriteria for the licenses; establish.
(2) Establishissuance and renewal requirements, provided
that a continuing education requirement may be completed by
electronic means; create.
(3) Createapplication and renewal forms; create.
(4) Createlicenses that authorize different instructional
functions or specialties; develop.
(5) Developa code of professional rights and
responsibilities, practices, and ethics, which shall, among
other things, address the all of the following:
(a) Thefailure of a practitioner to fulfill contractual
obligations under section 279.13, the. In addressing the
failure of a practitioner to fulfill contractual obligations,
the board shall consider factors beyond the practitioner’s
control.
(b) Thefailure of an administrator to protect the safety of
staff and students, the.
(c) Thefailure of an administrator to meet mandatory
reporter obligations, the.
(d) Therefusal of a practitioner to implement provisions of
-1404-an individualized education program or behavioral intervention
plan, and habitual.
(e) Habitualnonparticipation in professional development;
and develop.
(f) The development ofany other classifications,
distinctions, and procedures which may be necessary to exercise
licensing duties. In addressing the failure of a practitioner
to fulfill contractual obligations, the board shall consider
factors beyond the practitioner’s control.
Sec. 2563. Section 272.2, subsections 4 and 24, Code 2023,
are amended to read as follows:
4. Enforce rules adopted by the board through revocation
or suspension of a license, or by other disciplinary action
against a practitioner or professional development program
licensed by the board of educational examiners. The
board shall designate who may or shall initiate a licensee
disciplinary investigation and a licensee disciplinary
proceeding, and who shall prosecute a disciplinary proceeding
and under what conditions, and shall state the procedures for
review by the board of findings of fact if a majority of the
board does not hear the disciplinary proceeding. However, in a
case alleging failure of a practitioner to fulfill contractual
obligations, the person who files a complaint with the board,
or the complainant’s designee, shall represent the complainant
in a disciplinary hearing conducted in accordance with this
chapter part.
24. By August 1, 2021, adopt rules pursuant to chapter 17A,
developed in consultation with the department, establishing a
statement of professional recognition for behavior analysts
licensed under chapter 154D.
Sec. 2564. Section 272.2, subsection 7, Code 2023, is
amended by striking the subsection.
Sec. 2565. Section 272.2, subsection 14, paragraph d, Code
2023, is amended to read as follows:
d. An applicant for a license or certificate under this
-1405-chapter part shall demonstrate that the requirements of
the license or certificate have been met and the burden of
proof shall be on the applicant. However, if the executive
director of the board receives notice from the director of the
department of education under section 256.9, subsection 17,
that an error in the basic education data survey submission
resulted in an incorrect determination relating to licensure
of a practitioner, the executive director shall initiate
corrective action with the board and the findings of the
director of the department of education shall be sufficient
evidence to correct such error.
Sec. 2566. Section 272.3, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The board of educational examiners consists of twelve
members. Two must shall be members of the general public, one
must shall be the director of the department of education or
the director’s designee, and the remaining nine members must
shall be licensed practitioners. One of the public members
shall have served on a school board. The public members shall
never have held a practitioner’s license, but shall have a
demonstrated interest in education. The nine practitioners
shall be selected from the following areas and specialties of
the teaching profession:
Sec. 2567. Section 272.3, subsection 2, Code 2023, is
amended to read as follows:
2. A majority of the licensed practitioner members shall
be nonadministrative practitioners. Four of the members shall
be administrators. Membership of the board shall comply with
the requirements of sections 69.16 and 69.16A. A quorum of
the board shall consist of six members. Members shall elect a
chairperson of the board. Members, except for the director of
the department of education or the director’s designee, shall
be appointed by the governor subject to confirmation by the
senate.
Sec. 2568. Section 272.4, subsection 1, unnumbered
-1406-paragraph 1, Code 2023, is amended to read as follows:
Members, except for the director of the department of
education or the director’s designee, shall be appointed to
serve staggered terms of four years. A member shall not serve
more than two consecutive terms, except for the director of the
department of education or the director’s designee, who shall
serve until the director’s term of office expires. A member of
the board, except for the two public members and the director
of the department of education or the director’s designee,
shall hold a valid practitioner’s license during the member’s
term of office. A vacancy exists when any of the following
occur:
Sec. 2569. Section 272.5, subsection 2, Code 2023, is
amended to read as follows:
2. The governor director shall appoint an executive
director of the board of educational examiners subject to
confirmation by the senate. The executive director shall
possess a background in education licensure and administrative
experience and shall serve at the pleasure of the governor.
The board of educational examiners director shall set the
salary of the executive director within the range established
for the position by the general assembly.
Sec. 2570. Section 272.9, subsection 1, Code 2023, is
amended to read as follows:
1. A certificate which was issued by the board of
educational examiners to a practitioner before July 1, 1989,
continues to be in force as long as the certificate complies
with the rules and statutes in effect on July 1, 1989.
Requirements for the renewal of licenses, under this chapter
part, do not apply retroactively to renewal of certificates.
However, this section does not limit the duties or powers of
a school board to select or discharge practitioners or to
terminate practitioners’ contracts.
Sec. 2571. Section 272.9A, subsection 3, Code 2023, is
amended to read as follows:
-1407- 3. An administrator formerly employed by an accredited
nonpublic school or formerly employed as an administrator in
another state or country is exempt from the mentoring and
induction requirement under subsection 1 if the administrator
can document two years of successful administrator experience
and meet or exceed the requirements contained in rules adopted
pursuant to this chapter part for endorsement and licensure.
However, if an administrator cannot document two years of
successful administrator experience when hired by a school
district, the administrator shall meet the requirements of
subsection 1.
Sec. 2572. Section 272.10, subsections 1, 2, and 5, Code
2023, are amended to read as follows:
1. It is the intent of the general assembly that licensing
fees established by the board of educational examiners be
sufficient to finance the activities of the board under this
chapter part.
2. Licensing fees are payable to the treasurer of state and
shall be deposited with the executive director of the board.
The executive director shall deposit twenty-five percent of
the fees collected annually with the treasurer of state and
the fees shall be credited to the general fund of the state.
The remaining licensing fees collected during the fiscal year
shall be retained by and are appropriated to the board for
the purposes related to the board’s duties. Notwithstanding
section 8.33, licensing fees retained by and appropriated to
the board pursuant to this section that remain unencumbered or
unobligated at the close of the fiscal year shall not revert
but shall remain available for expenditure for the activities
of the board as provided in this chapter part until the close
of the succeeding fiscal year.
5. The fees established by the board for the administrative
costs of processing complaints and conducting hearings pursuant
to section 272.2, subsection 23, may include a fee for personal
service by a sheriff, a fee for legal notice when placed in a
-1408-newspaper, transcription service or court reporter fee, and
other fees assessed as costs by the board. The fees collected
annually in accordance with this subsection shall be retained
by and are appropriated to the board for the purposes related
to the board’s duties. Notwithstanding section 8.33, fees
retained by and appropriated to the board pursuant to this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the activities of the board as provided
in this chapter part until the close of the succeeding fiscal
year.
Sec. 2573. Section 272.11, Code 2023, is amended to read as
follows:
272.11 Expenditures and refunds.
Expenditures and refunds made by the board under this
chapter part shall be certified by the executive director of
the board to the director of the department of administrative
services, and if found correct, the director of the department
of administrative services shall approve the expenditures and
refunds and draw warrants upon the treasurer of state from the
funds appropriated for that purpose.
Sec. 2574. Section 272.12, Code 2023, is amended to read as
follows:
272.12 Para-educator certificates.
The board of educational examiners shall adopt rules
pursuant to chapter 17A relating to a voluntary certification
system for para-educators. The rules shall specify rights,
responsibilities, levels, and qualifications for the
certificate. Applicants shall be disqualified for any reason
specified in section 272.2, subsection 14, or in administrative
rule. Notwithstanding section 272.2, subsection 14, paragraph
“b”, subparagraph (2), the board may issue a para-educator
certificate to a person who is at least eighteen years of age.
A person holding a para-educator certificate shall not perform
the duties of a licensed practitioner. A certificate issued
-1409-pursuant to this chapter part shall not be considered a teacher
or administrator license for any purpose specified by law,
including the purposes specified under this chapter part or
chapter 279.
Sec. 2575. Section 272.15, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. If, in the course of performing official duties, an
employee of the department becomes aware of any alleged
misconduct by an individual licensed under this chapter part,
the employee shall report the alleged misconduct to the board
of educational examiners under rules adopted pursuant to
subsection 1.
4. If the executive director of the board verifies through
a review of official records that a teacher who holds a
practitioner’s license under this chapter part is assigned
instructional duties for which the teacher does not hold the
appropriate license or endorsement, either by grade level or
subject area, by a school district or accredited nonpublic
school, the executive director may initiate a complaint
against the teacher and the administrator responsible for the
inappropriate assignment of instructional duties.
Sec. 2576. Section 272.16, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. The board of educational examiners shall adopt rules
pursuant to chapter 17A relating to a certification system
for work-based learning program supervisors. The rules shall
specify rights, responsibilities, levels, and qualifications
for the certificate. The certificate shall not require more
than fifteen contact hours, which shall be available over
the internet and which shall provide instruction related to
fundamentals in career education, curriculum, assessment, and
the evaluation of student participation.
2. Applicants shall be disqualified for any reason
specified in section 272.2, subsection 14, or in rules adopted
by the board of educational examiners.
-1410- 3. A certificate issued pursuant to this section shall
not be considered a teacher or administrator license for any
purpose specified by law, including the purposes specified
under this chapter part or chapter 279.
Sec. 2577. Section 272.20, Code 2023, is amended to read as
follows:
272.20 National certification.
The board of educational examiners shall review the
standards for teacher’s certificates adopted by the national
board for professional teaching standards, a nonprofit
corporation created as a result of recommendations of the
task force on teaching as a profession of the Carnegie
forum on education and the economy. In those cases in
which the standards required by the national board for an
Iowa endorsement or license meet or exceed the requirements
contained in rules adopted under this chapter part for that
endorsement or license, the board of educational examiners
shall issue endorsements or licenses to holders of certificates
issued by the national board who request the endorsement or
license.
Sec. 2578. Section 272.28, subsection 2, Code 2023, is
amended to read as follows:
2. A teacher from an accredited nonpublic school or another
state or country is exempt from the requirement of subsection 1
if the teacher can document three years of successful teaching
experience and meet or exceed the requirements contained in
rules adopted under this chapter part for endorsement and
licensure.
Sec. 2579. Section 272.29, Code 2023, is amended to read as
follows:
272.29 Annual administrative rules review — triennial
report.
The executive director of the board shall annually review
the administrative rules adopted pursuant to this chapter part
and related state laws. The executive director shall submit
-1411-the executive director’s findings and recommendations in a
report every three years to the board and the general assembly
by January 15.
Sec. 2580. Section 272C.15, subsection 1, Code 2023, is
amended to read as follows:
1. Notwithstanding any other provision of law to the
contrary, except for chapter 272 256, subchapter VII, part 3, a
person’s conviction of a crime may be grounds for the denial,
revocation, or suspension of a license only if an unreasonable
risk to public safety exists because the offense directly
relates to the duties and responsibilities of the profession
and the appropriate licensing board, agency, or department does
not grant an exception pursuant to subsection 4.
Sec. 2581. Section 273.3, subsections 11 and 25, Code 2023,
are amended to read as follows:
11. Employ personnel to carry out the functions of the
area education agency which shall include the employment of an
administrator who shall possess a license issued under chapter
272 256, subchapter VII, part 3. The administrator shall
be employed pursuant to section 279.20 and sections 279.23,
279.24, and 279.25. The salary for an area education agency
administrator shall be established by the board based upon
the previous experience and education of the administrator.
Section 279.13 applies to the area education agency board
and to all teachers employed by the area education agency.
Sections 279.23, 279.24, and 279.25 apply to the area education
board and to all administrators employed by the area education
agency. Section 279.69 applies to the area education agency
board and employees of the board, including part-time,
substitute, or contract employees, who provide services to a
school or school district.
25. Require, by July 1, 2024, any person employed by
the area education agency who holds a license, certificate,
statement of recognition, or authorization other than a
coaching authorization, issued by the board of educational
-1412-examiners under chapter 272 256, subchapter VII, part 3, to
complete the Iowa reading research center dyslexia overview
module. Such persons employed after July 1, 2024, shall
complete the module within one year of the employee’s initial
date of hire.
Sec. 2582. Section 279.13, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Prior to entering into an initial contract with a
teacher who holds a license other than an initial license
issued by the board of educational examiners under chapter 272
256, subchapter VII, part 3, the school district shall initiate
a state criminal history record check of the applicant through
the division of criminal investigation of the department of
public safety, submit the applicant’s fingerprints to the
division for submission to the federal bureau of investigation
for a national criminal history record check, and review the
sex offender registry information under section 692A.121
available to the general public, the central registry for
child abuse information established under section 235A.14, and
the central registry for dependent adult abuse information
established under section 235B.5 for information regarding the
applicant for employment as a teacher.
Sec. 2583. Section 279.19B, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The board of directors of a school district may employ for
head coach of any interscholastic athletic activities or for
assistant coach of any interscholastic athletic activity, an
individual who possesses a coaching authorization issued by the
board of educational examiners or possesses a teaching license
with a coaching endorsement issued pursuant to chapter 272 256,
subchapter VII, part 3. However, a board of directors of a
school district shall consider applicants with qualifications
described below, in the following order of priority:
Sec. 2584. Section 279.50A, subsection 1, paragraph a, Code
-1413-2023, is amended to read as follows:
a. The school district has made every reasonable and
good faith effort to employ a teacher licensed under chapter
272 256, subchapter VII, part 3, for the unit of science or
mathematics, as applicable, and is unable to employ such a
teacher. For purposes of this subsection, “good faith effort”
means the same as defined in section 279.19A, subsection 9.
Sec. 2585. Section 279.72, Code 2023, is amended to read as
follows:
279.72 Training on dyslexia.
By July 1, 2024, the board of directors of a school
district shall require all persons employed by the school
district who hold a teaching license with an endorsement
for prekindergarten, prekindergarten or elementary special
education, or prekindergarten through grade three levels
issued under chapter 272 256, subchapter VII, part 3, all
practitioners and paraprofessionals assigned as Title I
teachers and Title I paraprofessionals under the federal Every
Student Succeeds Act, Pub.L. No.114-95, and all practitioners
endorsed to teach English as a second language to complete the
Iowa reading research center dyslexia overview module. Such
persons employed by the school district after July 1, 2024,
shall complete the module within one year of the employee’s
initial date of hire.
Sec. 2586. Section 279.73, subsection 2, Code 2023, is
amended to read as follows:
2. If the board of directors of the school district or
a court finds that an employee of the school district who
holds a license, certificate, statement of recognition, or
authorization issued by the board of educational examiners
under chapter 272 256, subchapter VII, part 3, discriminated
against a student or employee in violation of this section,
the employee found to be in violation under this section shall
be subject to a hearing conducted by the board of educational
examiners pursuant to section 272.2, subsection 14, which may
-1414-result in disciplinary action and the employee’s employment may
be terminated.
Sec. 2587. Section 284.2, subsections 1, 7, and 11, Code
2023, are amended to read as follows:
1. “Beginning teacher” means an individual serving under
an initial or intern license, issued under chapter 272 256,
subchapter VII, part 3, who is assuming a position as a
teacher. “Beginning teacher” includes an individual who is
an initial teacher. For purposes of the beginning teacher
mentoring and induction program created pursuant to section
284.5, “beginning teacher” also includes preschool teachers
who are licensed under chapter 272 256, subchapter VII, part
3, and are employed by a school district or area education
agency. “Beginning teacher” does not include a teacher whose
employment with a school district or area education agency is
probationary unless the teacher is serving under an initial or
teacher intern license issued under chapter 272 256, subchapter
VII, part 3.
7. “Mentor” means an individual employed by a school
district or area education agency as a teacher or a retired
teacher who holds a valid license issued under chapter 272 256,
subchapter VII, part 3. The individual must have a record of
three years of successful teaching practice, must be employed
on a nonprobationary basis, and must demonstrate professional
commitment to both the improvement of teaching and learning and
the development of beginning teachers.
11. “Teacher” means an individual who holds a practitioner’s
license issued under chapter 272 256, subchapter VII, part
3, or a statement of professional recognition issued under
chapter 272 256, subchapter VII, part 3, who is employed in
a nonadministrative position by a school district or area
education agency pursuant to a contract issued by a board of
directors under section 279.13. A teacher may be employed in
both an administrative and a nonadministrative position by a
board of directors and shall be considered a part-time teacher
-1415-for the portion of time that the teacher is employed in a
nonadministrative position.
Sec. 2588. Section 284.10, subsection 2, Code 2023, is
amended to read as follows:
2. An administrator licensed under chapter 272 256,
subchapter VII, part 3, who conducts evaluations of teachers
for purposes of this chapter shall complete the evaluator
training program. A practitioner licensed under chapter 272
256, subchapter VII, part 3, who is not an administrator
may enroll in the evaluator training program. Enrollment
preference shall be given to administrators. Upon successful
completion, the provider shall certify that the administrator
or other practitioner is qualified to conduct evaluations
for employment, make recommendations for licensure, and make
recommendations that a teacher is qualified to advance from one
career path level to the next career path level pursuant to
this chapter. Certification is for a period of five years and
may be renewed.
Sec. 2589. Section 284.15, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The salary for an initial teacher who has successfully
completed an approved practitioner preparation program as
defined in section 272.1 or holds an initial or intern teacher
license issued under chapter 272 256, subchapter VII, part 3,
shall be at least thirty-three thousand five hundred dollars,
which shall also constitute the minimum salary for an Iowa
teacher.
Sec. 2590. Section 284.15, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A career teacher is a teacher who holds a statement of
professional recognition issued under chapter 272 256,
subchapter VII, part 3, or who meets all of the following
requirements:
Sec. 2591. Section 284.15, subsection 2, paragraph b,
-1416-subparagraph (2), Code 2023, is amended to read as follows:
(2) Holds a valid license issued under chapter 272 256,
subchapter VII, part 3.
Sec. 2592. Section 284.15, subsection 2, paragraphs d and e,
Code 2023, are amended to read as follows:
d. Mentor teacher. A mentor teacher is a teacher who
is evaluated by the school district as demonstrating the
competencies and superior teaching skills of a mentor teacher,
and has been recommended for a one-year assignment as a mentor
teacher by a site-based review council appointed pursuant to
subsection 4. In addition, a mentor teacher shall hold a
valid license issued under chapter 272 256, subchapter VII,
part 3, participate in teacher professional development as
outlined in this chapter, demonstrate continuous improvement in
teaching, and possess the skills and qualifications to assume
leadership roles. A mentor teacher shall have a teaching load
of not more than seventy-five percent student instruction to
allow the teacher to mentor other teachers. A school district
shall designate at least ten percent of its teachers as mentor
teachers, though the district may enter into an agreement with
one or more other districts or an area education agency to meet
this requirement through a collaborative arrangement. The
terms of the teaching contracts issued under section 279.13 to
mentor teachers shall exceed by ten days the terms of teaching
contracts issued under section 279.13 to career teachers, and
the ten additional contract days shall be used to strengthen
instructional leadership in accordance with this subsection. A
mentor teacher shall receive annually a salary supplement of
at least five thousand dollars.
e. Lead teacher. A lead teacher is a teacher who holds a
valid license issued under chapter 272 256, subchapter VII,
part 3, and has been recommended for a one-year assignment
as a lead teacher by a site-based review council appointed
pursuant to subsection 4. The recommendation from the council
must assert that the teacher possesses superior teaching
-1417-skills and the ability to lead adult learners. A lead
teacher shall assume leadership roles that may include but
are not limited to the planning and delivery of professional
development activities designed to improve instructional
strategies; the facilitation of an instructional leadership
team within the lead teacher’s building, school district, or
other school districts; the mentoring of other teachers; and
participation in the evaluation of student teachers. A lead
teacher shall have a teaching load of not more than fifty
percent student instruction to allow the lead teacher to spend
time on co-teaching; co-planning; peer reviews; observing
career teachers, model teachers, and mentor teachers; and other
duties mutually agreed upon by the superintendent and the lead
teacher. A school district shall designate at least five
percent of its teachers as lead teachers, though the district
may enter into an agreement with one or more other districts
or an area education agency to meet this requirement through a
collaborative arrangement. The terms of the teaching contracts
issued under section 279.13 to lead teachers shall exceed by
fifteen days the terms of teaching contracts issued under
section 279.13 to career teachers, and the fifteen additional
contract days shall be used to strengthen instructional
leadership in accordance with this subsection. A lead teacher
shall receive annually a salary supplement of at least ten
thousand dollars.
Sec. 2593. Section 284.16, subsection 1, paragraph a,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Has successfully completed an approved practitioner
preparation program as defined in section 272.1 or holds an
intern teacher license issued under chapter 272 256, subchapter
VII, part 3.
(2) Holds an initial or intern teacher license issued under
chapter 272 256, subchapter VII, part 3.
Sec. 2594. Section 284.16, subsection 1, paragraph b,
-1418-unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A career teacher is a teacher who holds a statement
of professional recognition issued under chapter 272
256, subchapter VII, part 3, or who meets the following
requirements:
Sec. 2595. Section 284.16, subsection 1, paragraph b,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Holds a valid license issued under chapter 272 256,
subchapter VII, part 3.
Sec. 2596. Section 284A.2, subsections 1, 2, and 7, Code
2023, are amended to read as follows:
1. “Administrator” means an individual holding a
professional administrator license issued under chapter 272
256, subchapter VII, part 3, who is employed in a school
district administrative position by a school district or area
education agency pursuant to a contract issued by a board of
directors under section 279.23 and is engaged in instructional
leadership. An administrator may be employed in both an
administrative and a nonadministrative position by a board of
directors and shall be considered a part-time administrator
for the portion of time that the individual is employed in an
administrative position.
2. “Beginning administrator” means an individual serving
under an administrator license, issued by the board of
educational examiners under chapter 272 256, subchapter VII,
part 3, who is assuming a position as a school district
principal or superintendent for the first time.
7. “Mentor” means an individual employed by a school
district or area education agency as a school district
administrator or a retired administrator who holds a valid
license issued under chapter 272 256, subchapter VII, part 3.
The individual must have a record of four years of successful
administrative experience and must demonstrate professional
commitment to both the improvement of teaching and learning and
-1419-the development of beginning administrators.
Sec. 2597. Section 284A.6, subsection 2, Code 2023, is
amended to read as follows:
2. In cooperation with the administrator’s evaluator, the
administrator who has a professional administrator license
issued by the board of educational examiners pursuant to
chapter 272 256, subchapter VII, part 3, and is employed
by a school district or area education agency in a school
district administrative position shall develop an individual
administrator professional development plan. The purpose
of the plan is to promote individual and group professional
development. The individual plan shall be based, at a minimum,
on the needs of the administrator, the Iowa standards for
school administrators adopted pursuant to section 256.7,
subsection 27, and the student achievement goals of the
attendance center and the school district as outlined in the
comprehensive school improvement plan.
Sec. 2598. Section 284A.7, Code 2023, is amended to read as
follows:
284A.7 Evaluation requirements for administrators.
A school district shall conduct an annual evaluation of an
administrator who holds a professional administrator license
issued under chapter 272 256, subchapter VII, part 3, for
purposes of assisting the administrator in making continuous
improvement, documenting continued competence in the Iowa
standards for school administrators adopted pursuant to
section 256.7, subsection 27, or to determine whether the
administrator’s practice meets school district expectations.
The evaluation shall include, at a minimum, an assessment of
the administrator’s competence in meeting the Iowa standards
for school administrators and the goals of the administrator’s
individual professional development plan, including supporting
documentation or artifacts aligned to the Iowa standards for
school administrators and the individual administrator’s
professional development plan.
-1420- Sec. 2599. Section 299A.2, Code 2023, is amended to read as
follows:
299A.2 Competent private instruction by licensed
practitioner.
If a licensed practitioner provides competent instruction
to a school-age child, the practitioner shall possess a valid
license or certificate which has been issued by the state board
of educational examiners under chapter 272 256, subchapter VII,
part 3, and which is appropriate to the ages and grade levels
of the children to be taught. Competent private instruction
may include but is not limited to a home school assistance
program which provides instruction or instructional supervision
offered through an accredited nonpublic school or public school
district by a teacher, who is employed by the accredited
nonpublic school or public school district, who assists and
supervises a parent, guardian, or legal custodian in providing
instruction to a child. If competent private instruction is
provided through a public school district, the child shall be
enrolled and included in the basic enrollment of the school
district as provided in section 257.6. Sections 299A.3 through
299A.7 do not apply to competent private instruction provided
by a licensed practitioner under this section. However, the
reporting requirement contained in section 299A.3, subsection
1, shall apply to competent private instruction provided by
licensed practitioners that is not part of a home school
assistance program offered through an accredited nonpublic
school or public school district.
Sec. 2600. Section 622.10, subsection 8, Code 2023, is
amended to read as follows:
8. A qualified school guidance counselor, who is licensed
by the board of educational examiners under chapter 272 256,
subchapter VII, part 3, and who obtains information by reason
of the counselor’s employment as a qualified school guidance
counselor, shall not be allowed, in giving testimony, to
disclose any confidential communications properly entrusted
-1421-to the counselor by a pupil or the pupil’s parent or guardian
in the counselor’s capacity as a qualified school guidance
counselor and necessary and proper to enable the counselor to
perform the counselor’s duties as a qualified school guidance
counselor.
Sec. 2601. Section 709.15, subsection 1, paragraph g,
subparagraph (1), subparagraph divisions (a) and (b), Code
2023, are amended to read as follows:
(a) A person who holds a license, certificate, or statement
of professional recognition issued under chapter 272 256,
subchapter VII, part 3.
(b) A person who holds an authorization issued under chapter
272 256, subchapter VII, part 3.
Sec. 2602. Section 714.19, subsection 4, Code 2023, is
amended to read as follows:
4. Private and nonprofit elementary or secondary schools
recognized by the department of education or the board of
directors of a school district for the purpose of complying
with chapter 299 and employing teachers licensed under chapter
272 256, subchapter VII, part 3.
Sec. 2603. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 272.1 to section 256.145.
b. Section 272.2 to section 256.146.
c. Section 272.3 to section 256.147.
d. Section 272.4 to section 256.148.
e. Section 272.5 to section 256.149.
f. Section 272.6 to section 256.150.
g. Section 272.7 to section 256.151.
h. Section 272.8 to section 256.152.
i. Section 272.9 to section 256.153.
j. Section 272.9A to section 256.154.
k. Section 272.10 to section 256.155.
l. Section 272.11 to section 256.156.
-1422- m. Section 272.12 to section 256.157.
n. Section 272.13 to section 256.158.
o. Section 272.14 to section 256.159.
p. Section 272.15 to section 256.160.
q. Section 272.16 to section 256.161.
r. Section 272.20 to section 256.162.
s. Section 272.28 to section 256.163.
t. Section 272.29 to section 256.164.
u. Section 272.31 to section 256.165.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate sections 256.145 through
256.165, as enacted in this division of this Act, as new part 3
entitled “Board of Educational Examiners” within the subchapter
entitled “Higher Education Division” as enacted by another
division of this Act.
Sec. 2604. TRANSITION PROVISIONS.
1. Any license, certificate, or authorization issued by
the board of education examiners pursuant to chapter 272 prior
to the effective date of this division of this Act is valid
and shall continue as provided in the terms of the license,
certificate, or authorization.
2. Federal funds utilized by the board of educational
examiners prior to the effective date of this division of this
Act to employ personnel necessary for the administration of the
board of educational examiners’ programs shall be applied to
and be available for the transfer of such personnel from the
board of educational examiners to the higher education division
of the department of education.
Sec. 2605. APPLICABILITY. This division of this Act applies
to individuals appointed as the executive director of the board
of educational examiners before, on, or after the effective
date of this division of this Act.
COLLEGE STUDENT AID COMMISSION
-1423- Sec. 2606. Section 8A.504, subsection 1, paragraph d,
subparagraph (2), Code 2023, is amended to read as follows:
(2) An amount that is due because of a default on a loan
under chapter 261 256, subchapter VII, part 4.
Sec. 2607. Section 8A.504, subsection 4, Code 2023, is
amended to read as follows:
4. The director shall have the authority to enter into
reciprocal agreements with the departments of revenue of other
states that have enacted legislation that is substantially
equivalent to the setoff procedure provided in this section for
the recovery of an amount due because of a default on a loan
under chapter 261 256, subchapter VII, part 4. A reciprocal
agreement shall also be approved by the college student aid
commission. The agreement shall authorize the department to
provide by rule for the setoff of state income tax refunds
or rebates of defaulters from states with which Iowa has a
reciprocal agreement and to provide for sending lists of
names of Iowa defaulters to the states with which Iowa has
a reciprocal agreement for setoff of that state’s income tax
refunds.
Sec. 2608. Section 261.1, subsection 1, Code 2023, is
amended to read as follows:
1. There is hereby created within the higher education
division of the department a commission to be known as the
“College Student Aid Commission” of the state of Iowa.
Sec. 2609. Section 261.1, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A member of the state board of regents to be named by the
state board of regents, or the executive director of the state
board of regents if so appointed by the state board of regents,
who shall serve for a four-year term or until the expiration
of the member’s term of office.
b. The director of the department of education or the
director’s designee.
Sec. 2610. Section 261.1, subsection 4, paragraph a, Code
-1424-2023, is amended to read as follows:
a. Vacancies on the commission shall be filled for the
unexpired term of such vacancies, if applicable, in the same
manner as the original appointment.
Sec. 2611. Section 261.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 5. The director shall appoint an executive
director of the commission. The director shall set the salary
of the executive director.
Sec. 2612. Section 261.2, subsection 2, Code 2023, is
amended to read as follows:
2. Administer the tuition grant program under this chapter
part.
Sec. 2613. Section 261.3, Code 2023, is amended to read as
follows:
261.3 Organization — bylaws.
1. The commission is an autonomous state agency which is
attached to the department of education for organizational
purposes only.
2. 1. The commission, under the authority of the higher
education division of the department, shall determine its
own organization, draw up its own bylaws, adopt rules under
chapter 17A, and do such other things as may be necessary
and incidental in the administration of this chapter part,
including the housing, employment, and fixing the compensation
and bond of persons required to carry out its functions and
responsibilities. A decision of the commission is final agency
action under chapter 17A.
3. 2. The commission shall function at the seat of
government or such other place as it the commission might
designate.
Sec. 2614. Section 261.5, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding any other provision of this chapter part, in
the event of a national emergency declared by the president of
-1425-the United States by reason of terrorist attack, the commission
may waive or modify any statutory or regulatory provision
applicable to state financial aid programs established pursuant
to this chapter part to ensure, with regard to affected
individuals, that the following occurs:
Sec. 2615. Section 261.5, subsection 3, Code 2023, is
amended to read as follows:
3. Notwithstanding any other provision of this chapter
part, in the event of a national emergency declared by the
president of the United States by reason of terrorist attack,
the commission may grant temporary relief from requirements
rendered infeasible or unreasonable, including due diligence
requirements and reporting deadlines, by the national
emergency, to an institution of higher education under the
state board of regents, a community college, an accredited
private institution as defined in section 261.9, eligible
lenders, and other entities participating in the state student
assistance programs in accordance with this chapter part, that
are located in, or whose operations are directly affected
by, areas that are declared disaster areas by any federal,
state, or local official in connection with the national
emergency. If the commission issues a waiver in accordance
with this section, the report prepared by the commission
pursuant to section 17A.9A, subsection 5, shall include
examples of measures that a postsecondary institution may take
in the appropriate exercise of discretion, as provided in 20
U.S.C. §1087tt, to adjust financial need and aid eligibility
determinations for affected individuals.
Sec. 2616. Section 261.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
When used in this subchapter subpart, unless the context
otherwise requires:
Sec. 2617. Section 261.9, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Is accredited by the higher learning commission, is
-1426-exempt from taxation under section 501(c)(3) of the Internal
Revenue Code, and annually provides a matching aggregate amount
of institutional financial aid equal to at least seventy-five
percent of the amount received in a fiscal year by the
institution’s students for Iowa tuition grant assistance under
this chapter part. Commencing with the fiscal year beginning
July 1, 2006, the matching aggregate amount of institutional
financial aid shall increase by the percentage of increase each
fiscal year of funds appropriated for Iowa tuition grants under
section 261.25, subsection 1, to a maximum match of one hundred
percent. The institution shall file annual reports with the
commission prior to receipt of tuition grant moneys under this
chapter part. An institution whose income is not exempt from
taxation under section 501(c) of the Internal Revenue Code and
whose students were eligible to receive Iowa tuition grant
money in the fiscal year beginning July 1, 2003, shall meet the
match requirements of this paragraph no later than June 30,
2005.
Sec. 2618. Section 261.9, subsection 8, Code 2023, is
amended to read as follows:
8. “Tuition grant” means an award by the state of Iowa to a
qualified student under this subchapter subpart.
Sec. 2619. Section 261.15, subsection 2, Code 2023, is
amended to read as follows:
2. Adopt rules and regulations for determining financial
need, defining tuition and mandatory fees, defining residence
for the purposes of this subchapter subpart, processing and
approving applications for tuition grants, and determining
priority of grants. The commission may provide for proration
of funds if the available funds are insufficient to pay all
approved grants. Such proration shall take primary account of
the financial need of the applicant. In determining who is a
resident of Iowa, the commission’s rules shall be at least as
restrictive as those of the board of regents.
Sec. 2620. Section 261.16A, subsection 7, Code 2023, is
-1427-amended to read as follows:
7. Reports to commission. An eligible institution shall
file annual reports with the commission, as required by the
commission and under section 261.9, prior to receipt of tuition
grant moneys under this chapter part.
Sec. 2621. Section 261.17, subsection 5, Code 2023, is
amended to read as follows:
5. A vocational-technical tuition grant shall be awarded
on an annual basis, requiring reapplication by the student for
each year. Payments under the grant shall be allocated equally
among the semesters or quarters of the year upon certification
by the institution that the student is in full-time or
part-time attendance in a vocational-technical or career option
program, as defined under rules of the department of education.
If the student discontinues attendance before the end of any
term after receiving payment of the grant, the entire amount of
any refund due that student, up to the amount of any payments
made under the annual grant, shall be paid by the institution
to the state.
Sec. 2622. Section 261.20, subsection 1, Code 2023, is
amended to read as follows:
1. A scholarship and tuition grant reserve fund is created
to assure that financial assistance will be available to all
students who are awarded scholarships or tuition grants through
programs funded under this chapter part. The fund is created
as a separate fund in the state treasury, and moneys in the
fund shall not revert to the general fund unless, and then
only to the extent that, the funds exceed the maximum allowed
balance.
Sec. 2623. Section 261.35, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this subchapter subpart, unless the context
otherwise requires:
Sec. 2624. Section 261.36, unnumbered paragraph 1, Code
2023, is amended to read as follows:
-1428- The commission shall have necessary powers to carry out its
purposes and duties under this subchapter subpart, including
but not limited to the power to:
Sec. 2625. Section 261.37, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The duties of the commission under this subchapter subpart
shall be as follows:
Sec. 2626. Section 261.37, subsections 5 and 7, Code 2023,
are amended to read as follows:
5. To adopt rules pursuant to chapter 17A to implement
the provisions of this subchapter subpart, including
establishing standards for educational institutions, lenders,
and individuals to become eligible institutions, lenders, and
borrowers. Notwithstanding any contrary provisions in chapter
537, the rules and standards established shall be consistent
with the requirements provided in the Higher Education Act of
1965.
7. To establish an effective system for the collection of
delinquent loans, including the adoption of an agreement with
the department of administrative services to set off against
a defaulter’s income tax refund or rebate the amount that is
due because of a default on a loan made under this subchapter
subpart. The commission shall adopt rules under chapter 17A
necessary to assist the department of administrative services
in the implementation of the student loan setoff program as
established under section 8A.504. The commission shall apply
administrative wage garnishment procedures authorized under the
federal Higher Education Act of 1965, as amended and codified
in 20 U.S.C. §1071 et seq., for all delinquent loans, including
loans authorized under section 261.38, when a defaulter who is
financially capable of paying fails to voluntarily enter into a
reasonable payment agreement. In no case shall the commission
garnish more than the amount authorized by federal law for
all loans being collected by the commission, including those
authorized under section 261.38.
-1429- Sec. 2627. Section 261.42, Code 2023, is amended to read as
follows:
261.42 Short title.
This subchapter subpart shall be known and may be cited as
the “Iowa Guaranteed Loan Program”.
Sec. 2628. Section 261.43A, Code 2023, is amended to read
as follows:
261.43A Security interest in education loans.
A nonprofit organization qualifying for tax-exempt status
under the Internal Revenue Code, as defined in section 422.3,
that provides or acquires education loans in the organization’s
normal course of business shall, notwithstanding any contrary
provision of chapter 554 or other state law, establish and
perfect a security interest and establish priority over other
security interests in such education loans by filing in the
same manner as provided for perfecting a security interest in
a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
section applies to education loans provided under this chapter
part by such nonprofit organizations and other education loans
provided by such nonprofit organizations.
Sec. 2629. Section 261.87, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
As used in this subchapter subpart, unless the context
otherwise requires:
Sec. 2630. Section 261.102, subsection 7, Code 2023, is
amended to read as follows:
7. “Program” means the Iowa minority academic grants
for economic success program established in this subchapter
subpart.
Sec. 2631. Section 261.110, subsections 1 and 5, Code 2023,
are amended to read as follows:
1. A teach Iowa scholar program is established to provide
teach Iowa scholar grants to selected high-caliber teachers.
The commission shall administer the program in collaboration
with the department of education.
-1430- 5. The commission, in collaboration with the department
of education, shall adopt rules pursuant to chapter 17A to
administer this section. The rules shall include but shall not
be limited to a process for use by the commission to determine
which eligible applicants will receive teach Iowa scholar
grants.
Sec. 2632. Section 261.110, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The applicant was in the top twenty-five percent
academically of students exiting a teacher preparation program
approved by the state board of education pursuant to section
256.7, subsection 3, or a similar teacher preparation program
in another state, or had earned other comparable academic
credentials.
Sec. 2633. Section 261.111, subsection 2, Code 2023, is
amended to read as follows:
2. The director of the department of education shall
annually designate the areas in which teacher shortages are
anticipated. The director shall periodically conduct a survey
of school districts, accredited nonpublic schools, and approved
practitioner preparation programs to determine current shortage
areas and predict future shortage areas.
Sec. 2634. Section 261.112, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. A teacher shortage loan forgiveness program is
established to be administered by the commission. A teacher
is eligible for the program if the teacher is practicing in
a teacher shortage area as designated by the department of
education pursuant to subsection 2. A person is ineligible
for this program if the person receives a grant under section
261.110 or a forgivable loan under section 261.111. For
purposes of this section, “teacher” means an individual holding
a practitioner’s license issued under chapter 272 part 3, who
is employed in a nonadministrative position in a designated
shortage area by a school district or area education agency
-1431-pursuant to a contract issued by a board of directors under
section 279.13.
2. The director of the department of education shall
annually designate the geographic or subject areas experiencing
teacher shortages. The director shall periodically conduct a
survey of school districts, accredited nonpublic schools, and
approved practitioner preparation programs to determine current
shortage areas.
Sec. 2635. Section 261.130, subsection 2, Code 2023, is
amended to read as follows:
2. Skilled workforce shortage tuition grants shall be
awarded only to students pursuing a career-technical or career
option program in an industry identified as having a shortage
of skilled workers by a community college after conducting a
regional skills gap analysis or as being a high-demand job by
the department of workforce development in the department’s
department of workforce development’s most recent list of
high-demand jobs. If a community college no longer identifies
the industry as having a shortage of skilled workers or the
department of workforce development no longer identifies the
industry as a high-demand job, an eligible student who received
a grant for a career-technical or career option program based
on that identification shall continue to receive the grant
until achieving a postsecondary credential, up to an associate
degree, as long as the student is continuously enrolled in
that program and continues to meet all other eligibility
requirements.
Sec. 2636. Section 261.131, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. “Approved state-recognized work-based learning program”
means a structured educational and training program that
includes authentic worksite training and is approved by the
department of education according to a process established
under rules adopted pursuant to section 256.7, subsection 34.
Sec. 2637. Section 261.132, subsection 1, paragraph c, Code
-1432-2023, is amended to read as follows:
c. “Eligible program” means a program of study or an
academic major jointly approved by the commission and the
department of workforce development, in consultation with the
eligible institution, that leads to a bachelor’s degree aligned
with a high-demand job designated by the workforce development
board pursuant to section 84A.1B, subsection 14. If the
department of workforce development removes a high-demand job
from the list created under section 84A.1B, subsection 14, an
eligible student who received a grant for a program based on
that high-demand job shall continue to receive the grant until
achieving a bachelor’s degree as long as the student continues
to meet all other eligibility requirements.
Sec. 2638. Section 261B.11A, subsection 1, Code 2023, is
amended to read as follows:
1. Students attending schools required to register under
this chapter are ineligible for state student financial aid
programs established under chapter 261 256, subchapter VII,
part 4.
Sec. 2639. Section 261F.1, subsection 5, paragraph e, Code
2023, is amended to read as follows:
e. State education grants, scholarships, or financial aid
funds administered under chapter 261 256, subchapter VII, part
4.
Sec. 2640. Section 261G.4, subsections 1, 2, and 5, Code
2023, are amended to read as follows:
1. Notwithstanding any other provision of law to the
contrary, a participating nonresident institution shall not
be required to register under chapter 261B or to comply with
the registration and disclosure requirements of chapter 261
256, subchapter VII, part 4, or chapter 261B or section 714.17,
subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
section 714.25, if the provisions of an interstate reciprocity
agreement prohibit such registration or compliance.
-1433- 2. Notwithstanding any other provision of law to the
contrary, a participating resident institution shall be
required to register under chapter 261B or to comply with the
registration and disclosure requirements of chapter 261 256,
subchapter VII, part 4, or chapter 261B or section 714.17,
subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
section 714.25, if the provisions of the interstate reciprocity
agreement require such registration or compliance.
5. Students attending a participating nonresident
institution are ineligible for state student financial aid
programs established under chapter 261 256, subchapter VII,
part 4.
Sec. 2641. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 261.1 to section 256.176.
b. Section 261.2 to section 256.177.
c. Section 261.3 to section 256.178.
d. Section 261.4 to section 256.179.
e. Section 261.5 to section 256.180.
f. Section 261.7 to section 256.181.
g. Section 261.8 to section 256.182.
h. Section 261.9 to section 256.183.
i. Section 261.10 to section 256.184.
j. Section 261.11 to section 256.185.
k. Section 261.12 to section 256.186.
l. Section 261.13 to section 256.187.
m. Section 261.14 to section 256.188.
n. Section 261.15 to section 256.189.
o. Section 261.16 to section 256.190.
p. Section 261.16A to section 256.191.
q. Section 261.17 to section 256.192.
r. Section 261.20 to section 256.193.
s. Section 261.25 to section 256.194.
-1434- t. Section 261.35 to section 256.195.
u. Section 261.36 to section 256.196.
v. Section 261.37 to section 256.197.
w. Section 261.38 to section 256.198.
x. Section 261.42 to section 256.199.
y. Section 261.43 to section 256.200.
z. Section 261.43A to section 256.201.
aa. Section 261.62 to section 256.202.
ab. Section 261.71 to section 256.203.
ac. Section 261.72 to section 256.204.
ad. Section 261.73 to section 256.205.
ae. Section 261.81 to section 256.206.
af. Section 261.83 to section 256.207.
ag. Section 261.84 to section 256.208.
ah. Section 261.85 to section 256.209.
ai. Section 261.86 to section 256.210.
aj. Section 261.86A to section 256.211.
ak. Section 261.87 to section 256.212.
al. Section 261.101 to section 256.213.
am. Section 261.102 to section 256.214.
an. Section 261.103 to section 256.215.
ao. Section 261.104 to section 256.216.
ap. Section 261.105 to section 256.217.
aq. Section 261.110 to section 256.218.
ar. Section 261.111 to section 256.219.
as. Section 261.112 to section 256.220.
at. Section 261.113 to section 256.221.
au. Section 261.114 to section 256.222.
av. Section 261.115 to section 256.223.
aw. Section 261.116 to section 256.224.
ax. Section 261.117 to section 256.225.
ay. Section 261.120 to section 256.226.
az. Section 261.130 to section 256.227.
ba. Section 261.131 to section 256.228.
bb. Section 261.132 to section 256.229.
-1435- 2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. a. The Code editor may designate sections 256.176
through 256.229, as enacted in this division of this Act, as
new part 4 entitled “College Student Aid Commission” within the
subchapter entitled “Higher education division” as enacted by
another division of this Act.
b. The Code editor shall designate sections 256.176 through
256.229 into the following subparts:
(1) Sections 256.176 through 256.182 shall be designated as
subpart A and entitled “General Provisions”.
(2) Sections 256.183 through 256.194 shall be designated as
subpart B and entitled “Tuition Grants to Students”.
(3) Sections 256.195 through 256.201 shall be designated as
subpart C and entitled “Iowa Guaranteed Loan Program”.
(4) Section 256.202 shall be designated as subpart D and
entitled “Iowa State Fair Scholarship”.
(5) Sections 256.203 through 256.205 shall be designated
as subpart E and entitled “Chiropractic Graduate Student
Forgivable Loan Program”.
(6) Sections 256.206 through 256.209 shall be designated as
subpart F and entitled “Work-Study Program”.
(7) Sections 256.210 through 256.211 shall be designated as
subpart G and entitled “National Guard Educational Assistance”.
(8) Section 256.212 shall be designated as subpart H and
entitled “All Iowa Opportunity Scholarships”.
(9) Sections 256.213 through 256.217 shall be designated as
subpart I and entitled “Minority Academic Grants for Economic
Success”.
(10) Sections 256.218 through 256.220 shall be designated
as subpart J and entitled “Teach Iowa Scholar Grants and
Teacher Shortage Forgivable Loan and Loan Forgiveness
Programs”.
(11) Sections 256.221 through 256.226 shall be designated
-1436-as subpart K and entitled “Other Loan Repayment and Forgiveness
Programs — Health Professions”.
(12) Sections 256.227 through 256.229 shall be designated
as subpart L and entitled “Skilled Workforce Shortage Tuition
Grant Program”.
Sec. 2642. TRANSITION PROVISIONS.
1. Any scholarship, loan, or grant awarded under a
program administered by the college student aid commission in
accordance with chapter 261 prior to the effective date of this
division of this Act is valid and shall continue as provided in
the terms of the scholarship, loan, or grant.
2. Federal funds utilized by the college student aid
commission prior to the effective date of this division of this
Act to employ personnel necessary for the administration of the
college student aid commission’s programs shall be applied to
and be available for the transfer of such personnel from the
college student aid commission to the higher education division
of the department of education.
Sec. 2643. APPLICABILITY. This division of this Act
applies to individuals appointed as the executive director of
the college student aid commission before, on, or after the
effective date of this division of this Act.
COMMUNITY COLLEGES BUREAU
Sec. 2644. Section 256.9, subsection 36, Code 2023, is
amended by striking the subsection.
Sec. 2645. Section 260C.2, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 01. “Bureau” means the community colleges
bureau of the higher education division of the department
established under section 260C.6.
NEW SUBSECTION. 001. “Bureau chief” means the bureau
chief of the community colleges bureau of the higher education
division of the department.
Sec. 2646. Section 260C.5, Code 2023, is amended to read as
follows:
-1437- 260C.5 Duties of director Community colleges bureau — duties
of bureau chief.
The director shall appoint the bureau chief, and the bureau
chief shall direct the work of the personnel as necessary to
carry out this chapter. The bureau chief shall do all of the
following:
1. Designate a community college as an “area career and
technical education school” within the meaning of, and for the
purpose of administering, the federal Carl D. Perkins Career
and Technical Education Improvement Act of 2006. A community
college shall not be so designated by the director for the
expenditure of funds under 20 U.S.C. §2301 et seq., as amended,
which has not been designated and classified as a community
college by the state board.
2. Change boundaries of director districts in a merged area
when the board fails to change boundaries as required by law.
3. Make changes in boundaries of merged areas with the
approval of the board of directors of each merged area affected
by the change. When the boundaries of a merged area are
changed, the director of the department of education may
authorize the board of directors of the merged area to levy
additional taxes upon the property within the merged area, or
any part of the merged area, and distribute the taxes so that
all parts of the merged area are paying their share toward the
support of the college.
4. Administer, allocate, and disburse federal or state
funds made available to pay a portion of the cost of acquiring
sites for and constructing, acquiring, or remodeling facilities
for community colleges, and establish priorities for the use
of such funds.
5. Administer, allocate, and disburse federal or state
funds available to pay a portion of the operating costs of
community colleges.
6. Propose administrative rules to carry out this chapter
subject to approval of the state board.
-1438- 7. Enter into contracts with local school boards within the
area that have and maintain a career and technical education
program and with private schools or colleges in the cooperative
or merged areas to provide courses or programs of study in
addition to or as a part of the curriculum made available in
the community college.
8. Make arrangements with boards of merged areas and local
school districts to permit students attending high school to
participate in career and technical education programs and
advanced college placement courses and obtain credit for such
participation for application toward the completion of a high
school diploma. The granting of credit is subject to the
approval of the director of the department of education.
9. Prescribe a uniform system of accounting for community
colleges.
10. Ensure that community colleges that provide
intercollegiate athletics as a part of their program comply
with section 216.9.
11. Develop an application and review process for approval
of administrative and program sharing agreements between two
or more community colleges or a community college and an
institution of higher education under the board of regents
entered into pursuant to section 260C.46.
Sec. 2647. Section 260C.6, Code 2023, is amended to read as
follows:
260C.6 Community colleges division in department bureau in
the higher education division.
A community colleges division bureau shall be established
within the higher education division of the department of
education. The division bureau shall exercise the powers and
perform the duties conferred by law upon the department with
respect to community colleges.
Sec. 2648. Section 260C.18, subsection 1, Code 2023, is
amended to read as follows:
1. Federal funds made available and administered by the
-1439-director of the department of education, for purposes provided
by federal laws, rules, and regulations.
Sec. 2649. Section 260C.46, Code 2023, is amended to read
as follows:
260C.46 Program and administrative sharing.
By September 1, 1990, the The department shall establish
guidelines and an approval process for program sharing
agreements and for administrative sharing agreements entered
into by two or more community colleges or by a community
college and a higher education institution under the control
of the board of regents. Guidelines established shall be
designed to increase student access to programs, enhance
educational program offerings throughout the state, and enhance
interinstitutional cooperation in program offerings.
DIVISION XV
COMMERCE
CONSUMER ADVOCATE
Sec. 2650. Section 475A.3, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Office. The office of consumer advocate shall be a
separate division of the department of justice and located at
the same location as the utilities division of the department
of commerce board. Administrative support services may be
provided to the consumer advocate division by the department of
commerce utilities board.
3. Salaries, expenses, and appropriation. The salary of
the consumer advocate shall be fixed by the attorney general
within the salary range set by the general assembly. The
salaries of employees of the consumer advocate shall be at
rates of compensation consistent with current standards in
industry. The reimbursement of expenses for the employees and
the consumer advocate is as provided by law. The appropriation
for the office of consumer advocate shall be a separate line
item contained in the appropriation from the department of
commerce revolving fund created in section 546.12.
-1440- Sec. 2651. Section 475A.4, Code 2023, is amended to read as
follows:
475A.4 Utilities division board records.
The consumer advocate has free access to all the files,
records, and documents in the office of the utilities division
board except:
1. Personal information in confidential personnel records
of the utilities division board.
2. Records which represent and constitute the work product
of the general counsel of the utilities board, and records of
confidential communications between utilities board members and
their general counsel, where the records relate to a proceeding
before the board in which the consumer advocate is a party or
a proceeding in any state or federal court in which both the
board and the consumer advocate are parties.
3. Customer information of a confidential nature which
could jeopardize the customer’s competitive status and
is provided by the utility to the division board. Such
information shall be provided to the consumer advocate by the
division board, if the board determines it to be in the public
interest.
Sec. 2652. Section 475A.6, Code 2023, is amended to read as
follows:
475A.6 Certification of expenses to utilities division board.
1. a. The consumer advocate shall determine the advocate’s
expenses, including a reasonable allocation of general office
expenses, directly attributable to the performance of the
advocate’s duties involving specific persons subject to direct
assessment, and shall certify the expenses to the utilities
division board not less than quarterly. The expenses shall
then be includable in the expenses of the division board
subject to direct assessment under section 476.10.
b. The consumer advocate shall annually, within ninety
days after the close of each fiscal year, determine the
advocate’s expenses, including a reasonable allocation of
-1441-general office expenses, attributable to the performance of the
advocate’s duties generally, and shall certify the expenses
to the utilities division board. The expenses shall then be
includable in the expenses of the division board subject to
remainder assessment under section 476.10.
2. The consumer advocate is entitled to notice and
opportunity to be heard in any utilities board proceeding
on objection to an assessment for expenses certified by the
consumer advocate. Expenses assessed under this section shall
not exceed the amount appropriated for the consumer advocate
division of the department of justice.
3. The office of consumer advocate may expend additional
funds, including funds for outside consultants, if those
additional expenditures are actual expenses which exceed
the funds budgeted for the performance of the advocate’s
duties. Before the office expends or encumbers an amount in
excess of the funds budgeted, the director of the department
of management shall approve the expenditure or encumbrance.
Before approval is given, the director of the department of
management shall determine that the expenses exceed the funds
budgeted by the general assembly to the office of consumer
advocate and that the office does not have other funds from
which such expenses can be paid. Upon approval of the director
of the department of management, the office may expend and
encumber funds for excess expenses. The amounts necessary
to fund the excess expenses shall be collected from those
utilities or persons which caused the excess expenditures,
and the collections shall be treated as repayment receipts as
defined in section 8.2, subsection 8.
IOWA UTILITIES BOARD
Sec. 2653. Section 6A.21, subsection 2, Code 2023, is
amended to read as follows:
2. The limitation on the definition of public use,
public purpose, or public improvement does not apply to the
establishment, relocation, or improvement of a road pursuant
-1442-to chapter 306, or to the establishment of a railway under the
supervision of the department of transportation as provided in
section 327C.2, or to an airport as defined in section 328.1,
or to land acquired in order to replace or mitigate land used
in a road project when federal law requires replacement or
mitigation. This limitation also does not apply to utilities,
persons, companies, or corporations under the jurisdiction of
the Iowa utilities board in the department of commerce or to
any other utility conferred the right by statute to condemn
private property or to otherwise exercise the power of eminent
domain, except to the extent such purpose includes construction
of aboveground merchant lines.
Sec. 2654. Section 6B.42, subsection 2, paragraphs b and d,
Code 2023, are amended to read as follows:
b. A person aggrieved by a determination made by a utility
as to eligibility for relocation assistance, a payment, or
the amount of the payment, upon application, may have the
matter reviewed by the utilities division of the department of
commerce board.
d. A utility or railroad subject to this section that
proposes to displace a person shall inform the person of the
person’s right to receive relocation assistance and payments,
and of an aggrieved person’s right to appeal to the utilities
division of the department of commerce board or the state
department of transportation.
Sec. 2655. Section 6B.45, subsection 1, Code 2023, is
amended to read as follows:
1. When any real property or interest in real property
is to be purchased, or in lieu thereof to be condemned, the
acquiring agency or its agent shall submit to the person,
corporation, or entity whose property or interest in the
property is to be taken, by ordinary mail, at least ten days
prior to the date upon which the acquiring agency or its agent
contacts the property owner to commence negotiations, a copy
of the appraisal in its entirety upon such real property or
-1443-interest in such real property prepared for the acquiring
agency or its agent, which shall include, at a minimum, an
itemization of the appraised value of the real property or
interest in the property, any buildings on the property, all
other improvements including fences, severance damages, and
loss of access. In determining fair market value of property,
the acquiring agency shall not consider only the assessed value
assigned to such property for purposes of property taxation.
The appraisal sent to the condemnee shall be that appraisal
upon which the condemnor will rely to establish an amount
which the condemnor believes to be just compensation for the
real property. All other appraisals made on the property as a
result of the condemnation proceeding shall be made available
to the condemnee upon request. In lieu of an appraisal, a
utility or person under the jurisdiction of the utilities board
of the department of commerce, or any other utility conferred
the right by statute to condemn private property, shall provide
in writing by certified mail to the owner of record thirty
days prior to negotiations, the methods and factors used in
arriving at an offered price for voluntary easements including
the range of cash amount of each component. An acquiring
agency may obtain a signed written waiver from the landowner to
allow negotiations to commence prior to the expiration of the
applicable waiting period for the commencement of negotiations.
Sec. 2656. Section 6B.54, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Real property shall be appraised as required by section
6B.45 before the initiation of negotiations, and the owner
or the owner’s designated representative shall be given
an opportunity to accompany at least one appraiser of the
acquiring agency during an inspection of the property, except
that an acquiring agency may prescribe a procedure to waive the
appraisal in cases involving the acquisition of property with
a low fair market value. In lieu of an appraisal, a utility
or person under the jurisdiction of the utilities board of the
-1444-department of commerce, or any other utility conferred the
right by statute to condemn private property, shall provide in
writing by certified mail to the owner of record thirty days
before negotiations, the methods and factors used in arriving
at an offered price for voluntary easements including the range
of cash amount of each component.
3. Before the initiation of negotiations for real property,
the acquiring agency shall establish an amount which it
believes to be just compensation for the real property, and
shall make a prompt offer to acquire the property for the full
amount established by the agency. In no event shall the amount
be less than the fair market value the acquiring agency has
established for the property or property interest pursuant
to the appraisal required in section 6B.45 or less than the
value determined under the acquiring agency’s waiver procedure
established pursuant to subsection 2. A purchase offer made
by an acquiring agency shall include provisions for payment to
the owner of expenses, including relocation expenses, expenses
listed in subsection 10, and other expenses required by law
to be paid by an acquiring agency to a condemnee. However,
in the alternative, the acquiring agency may make, and the
owner may accept, a purchase offer from the acquiring agency
that is an amount equal to one hundred thirty percent of the
appraisal amount plus payment to the owner of expenses listed
in subsection 10, once those expenses have been determined. If
the owner accepts such a purchase offer, the owner is barred
from claiming payment from the acquiring agency for any other
expenses allowed by law. In the case of a utility or person
under the jurisdiction of the utilities board of the department
of commerce, or any other utility conferred the right by
statute to condemn private property, the amount shall not be
less than the amount indicated by the methods and factors used
in arriving at an offered price for a voluntary easement. The
option to make an alternative purchase offer does not apply
when property is being acquired for street and highway projects
-1445-undertaken by the state, a county, or a city.
Sec. 2657. Section 8C.2, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The utilities division of the department of commerce
board.
Sec. 2658. Section 12.10, Code 2023, is amended to read as
follows:
12.10 Deposits by state officers.
Except as otherwise provided, all elective and appointive
state officers, boards, commissions, and departments shall,
within ten days succeeding the collection, deposit with the
treasurer of state, or to the credit of the treasurer of state
in any depository designated by the treasurer of state, ninety
percent of all fees, commissions, and moneys collected or
received. The balance actually collected in cash, remaining
in the hands of any officer, board, or department shall not
exceed the sum of five thousand dollars and money collected
shall not be held more than thirty days. This section does not
apply to the state fair board, the state board of regents, the
utilities board of the department of commerce, the director of
the department of human services, the Iowa finance authority or
to the funds received by the state racing and gaming commission
under sections 99D.7 and 99D.14.
Sec. 2659. Section 15H.6, subsection 1, Code 2023, is
amended to read as follows:
1. The commission, in collaboration with the department of
natural resources, the department of workforce development,
and the utilities board of the department of commerce, shall
establish an Iowa green corps program. The commission shall
work with the collaborating agencies and nonprofit agencies
in developing a strategy for attracting additional financial
resources for the program from other sources which may include
but are not limited to utilities, private sector, and local,
state, and federal government funding sources. The financial
resources received shall be credited to the community programs
-1446-account created pursuant to section 15H.5.
Sec. 2660. Section 22.7, subsection 71, Code 2023, is
amended to read as follows:
71. Information and records related to cyber security
information or critical infrastructure, the disclosure of which
may expose or create vulnerability to critical infrastructure
systems, held by the utilities board of the department of
commerce or the department of homeland security and emergency
management for purposes relating to the safeguarding of
telecommunications, electric, water, sanitary sewage, storm
water drainage, energy, hazardous liquid, natural gas, or
other critical infrastructure systems. For purposes of this
subsection, “cyber security information” includes but is not
limited to information relating to cyber security defenses,
threats, attacks, or general attempts to attack cyber system
operations.
Sec. 2661. Section 313.4, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The costs of serving freeway lighting for each utility
providing the service shall be determined by the utilities
division of the department of commerce board, and rates for
such service shall be no higher than necessary to recover these
costs. Funds received under the provisions of this subsection
shall be used solely for the operation and maintenance of a
freeway lighting system.
Sec. 2662. Section 320.4, subsection 1, Code 2023, is
amended to read as follows:
1. To lay gas mains in highways outside cities to local
municipal distributing plants or companies, but not to pipeline
companies. This section shall not apply to or include pipeline
companies required to obtain a license from the utilities
division of the department of commerce board.
Sec. 2663. Section 357A.19, Code 2023, is amended to read
as follows:
357A.19 Not exempt from other requirements.
-1447- This chapter does not exempt any district from the
requirements of any other statute, whether enacted prior to
or subsequent to July 1, 1970, under which the district is
required to obtain the permission or approval of, or to notify,
the department, the utilities division of the department
of commerce board, or any other agency of this state or of
any of its political subdivisions prior to proceeding with
construction, acquisition, operation, enlargement, extension,
or alteration of any works or facilities which the district is
authorized to undertake pursuant to this chapter.
Sec. 2664. Section 364.3, subsection 13, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Paragraph “a” does not apply to an ordinance, motion,
resolution, or amendment relating to the rates, services, or
governance of a public utility providing gas service to the
public for compensation and subject to the jurisdiction of
the utilities board of the department of commerce pursuant to
section 476.1B.
Sec. 2665. Section 364.23, Code 2023, is amended to read as
follows:
364.23 Energy-efficient lighting required.
All city-owned exterior flood lighting, including but not
limited to street and security lighting but not including era
or period lighting which has a minimum efficiency rating of
fifty-eight lumens per watt and not including stadium or ball
park lighting, shall be replaced, when worn-out, exclusively
with high pressure sodium lighting or lighting with equivalent
or better energy efficiency as approved in rules adopted by the
utilities board within the utilities division of the department
of commerce. In lieu of the requirements established for
replacement lighting under this section, stadium or ball park
lighting shall be replaced, when worn-out, with the most
energy-efficient lighting available at the time of replacement
which may include metal halide, high-pressure sodium, or other
light sources which may be developed.
-1448- Sec. 2666. Section 384.84, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. A city utility or enterprise service to a property or
premises, including services of sewer systems, storm water
drainage systems, sewage treatment, solid waste collection,
water, solid waste disposal, or any of these services, may be
discontinued or disconnected if the account for the service
becomes delinquent. Gas or electric service provided by a city
utility or enterprise shall be discontinued or disconnected
only as provided by section 476.20, subsections 1 through
4, and discontinuance or disconnection of those services
is subject to rules adopted by the utilities board of the
department of commerce.
Sec. 2667. Section 422.93, Code 2023, is amended to read as
follows:
422.93 Public utility accounting method.
Nothing in this chapter shall be construed to require the
utilities board of the department of commerce to allow or
require the use of any particular method of accounting by
any public utility to compute its tax expense, depreciation
expense, or operating expense for purposes of establishing its
cost of service for rate-making purposes and for reflecting
operating results in its regulated books of account.
Sec. 2668. Section 474.1, Code 2023, is amended to read as
follows:
474.1 Creation of division and board — organization.
1. A utilities division board is created within the
department of commerce. The policymaking body for the division
is the utilities board which is created within the division.
The board is composed shall consist of three members appointed
by the governor and subject to confirmation by the senate, not
more than two of whom shall be from the same political party.
Each member appointed shall serve for six-year staggered terms
beginning and ending as provided by section 69.19. Vacancies
shall be filled for the unexpired portion of the term in the
-1449-same manner as full-term appointments are made.
2. a. Subject to confirmation by the senate, the governor
shall appoint a member as the chairperson of the board. The
chairperson shall be the administrator of the utilities
division board. The appointment as chairperson shall be for
a two-year term which begins and ends as provided in section
69.19.
b. The board shall appoint a chief operating officer to
manage the operations of the utilities division as directed
by the board. The board shall set the salary of the chief
operating officer within the limits of the pay plan for exempt
positions provided for in section 8A.413, subsection 3, unless
otherwise provided by the general assembly. The board may
employ additional personnel as it finds necessary.
3. The utilities board shall regulate and supervise public
utilities operating in the state. The board shall enforce and
implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
and shall perform other duties assigned to it by law.
3. 4. As used in this chapter and chapters 475A, 476,
476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
“utilities division” “utilities board” mean the Iowa utilities
division of the department of commerce board.
Sec. 2669. Section 476.1, subsection 1, Code 2023, is
amended to read as follows:
1. The utilities board within the utilities division of the
department of commerce shall regulate the rates and services of
public utilities to the extent and in the manner hereinafter
provided.
Sec. 2670. Section 476.1, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 2671. Section 476.1A, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Assessment of fees for the support of the division
board and the office of consumer advocate, pursuant to section
476.10.
-1450- Sec. 2672. Section 476.1B, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Assessment of fees for the support of the division board
and the office of consumer advocate, as set forth in section
476.10.
Sec. 2673. Section 476.3, subsection 2, Code 2023, is
amended to read as follows:
2. If, as a result of a review procedure conducted under
section 476.31, a review conducted under section 476.32, a
special audit, an investigation by division board staff, or
an investigation by the consumer advocate, a petition is
filed with the board by the consumer advocate, alleging that
a utility’s rates are excessive, the disputed amount shall be
specified in the petition. The public utility shall, within
the time prescribed by the board, file a bond or undertaking
approved by the board conditioned upon the refund in a manner
prescribed by the board of amounts collected after the date of
filing of the petition in excess of rates or charges finally
determined by the board to be lawful. If upon hearing the
board finds that the utility’s rates are unlawful, the board
shall order a refund, with interest, of amounts collected
after the date of filing of the petition that are determined
to be in excess of the amounts which would have been collected
under the rates finally approved. However, the board shall
not order a refund that is greater than the amount specified
in the petition, plus interest, and if the board fails to
render a decision within ten months following the date of
filing of the petition, the board shall not order a refund of
any excess amounts that are collected after the expiration of
that ten-month period and prior to the date the decision is
rendered.
Sec. 2674. Section 476.10, Code 2023, is amended to read as
follows:
476.10 Investigations — expense — appropriation.
1. a. In order to carry out the duties imposed upon
-1451-it by law, the board may, at its discretion, allocate and
charge directly the expenses attributable to its duties to
the person bringing a proceeding before the board, to persons
participating in matters before the board, or to persons
subject to inspection by the board. The board shall ascertain
the certified expenses incurred and directly chargeable by
the consumer advocate division of the department of justice
in the performance of its duties. The board and the consumer
advocate separately may decide not to charge expenses to
persons who, without expanding the scope of the proceeding
or matter, intervene in good faith in a board proceeding
initiated by a person subject to the board’s jurisdiction,
the consumer advocate, or the board on its own motion. For
assessments in any proceedings or matters before the board, the
board and the consumer advocate separately may consider the
financial resources of the person, the impact of assessment on
participation by intervenors, the nature of the proceeding or
matter, and the contribution of a person’s participation to the
public interest. The board may present a bill for expenses
under this subsection to the person, either at the conclusion
of a proceeding or matter, or from time to time during its
progress. Presentation of a bill for expenses under this
subsection constitutes notice of direct assessment and request
for payment in accordance with this section.
b. The board shall ascertain the total of the division’s
board’s expenses incurred during each fiscal year in the
performance of its duties under law. The board shall add to
the total of the division’s board’s expenses the certified
expenses of the consumer advocate as provided under section
475A.6. The board shall deduct all amounts charged directly
to any person from the total expenses of the board and the
consumer advocate. The board may assess the amount remaining
after the deduction to all persons providing service over which
the board has jurisdiction in proportion to the respective
gross operating revenues of such persons from intrastate
-1452-operations during the last calendar year over which the board
has jurisdiction. For purposes of determining gross operating
revenues under this section, the board shall not include gross
receipts received by a cooperative corporation or association
for wholesale transactions with members of the cooperative
corporation or association, provided that the members are
subject to assessment by the board based upon the members’
gross operating revenues, or provided that such a member is
an association whose members are subject to assessment by the
board based upon the members’ gross operating revenues. If
any portion of the remainder can be identified with a specific
type of utility service, the board shall assess those expenses
only to the entities providing that type of service over which
the board has jurisdiction. The board may make the remainder
assessments under this paragraph to some or all persons
providing service over which the board has jurisdiction, based
upon estimates of the expenditures for the fiscal year for
the utilities division board and the consumer advocate. Not
more than ninety days following the close of the fiscal year,
the utilities division board shall conform the amount of the
prior fiscal year’s assessments to the requirements of this
paragraph. For gas and electric public utilities exempted from
rate regulation pursuant to this chapter, and for providers
of telecommunications service required to register with the
board pursuant to section 476.95A that are exempted from rate
regulation pursuant to this chapter, the remainder assessments
under this paragraph shall be computed at one-half the rate
used in computing the assessment for other persons.
2. a. A person subject to a charge or assessment shall
pay the division board the amount charged or assessed against
the person within thirty days from the time the division board
provides notice to the person of the amount due, unless the
person files an objection in writing with the board setting out
the grounds upon which the person claims that such charge or
assessment is excessive, unreasonable, erroneous, unlawful, or
-1453-invalid. Upon receipt of an objection, the board shall set the
matter for hearing and issue its order in accordance with its
findings in the proceeding.
b. The order shall be subject to review in the manner
provided in this chapter. All amounts collected by the
division board pursuant to the provisions of this section
shall be deposited with the treasurer of state and credited to
the department of commerce revolving fund created in section
546.12. Such amounts shall be spent in accordance with the
provisions of chapter 8.
3. Whenever the board shall deem it necessary in order
to carry out the duties imposed upon it in connection with
rate regulation under section 476.6, investigations under
section 476.3, or review proceedings under section 476.31,
the board may employ additional temporary or permanent staff,
or may contract with persons who are not state employees for
engineering, accounting, or other professional services, or
both. The costs of these additional employees and contract
services shall be paid by the public utility whose rates
are being reviewed in the same manner as other expenses are
paid under this section. Beginning on July 1, 1991, there
is appropriated out of any funds in the state treasury not
otherwise appropriated, such sums as may be necessary to enable
the board to hire additional staff and contract for services
under this section. The board shall increase quarterly
assessments specified in subsection 1, paragraph “b”, by
amounts necessary to enable the board to hire additional staff
and contract for services under this section. The authority to
hire additional temporary or permanent staff that is granted to
the board by this section shall not be subject to limitation
by any administrative or executive order or decision that
restricts the number of state employees or the filling of
employee vacancies, and shall not be subject to limitation
by any law of this state that restricts the number of state
employees or the filling of employee vacancies unless that
-1454-law is made applicable to this section by express reference
to this section. Before the board expends or encumbers an
amount in excess of the funds budgeted for rate regulation and
before the board increases quarterly assessments pursuant to
this subsection, the director of the department of management
shall approve the expenditure or encumbrance. Before approval
is given, the director of the department of management shall
determine that the expenses exceed the funds budgeted by the
general assembly to the board for rate regulation and that
the board does not have other funds from which the expenses
can be paid. Upon approval of the director of the department
of management the board may expend and encumber funds for
the excess expenses, and increase quarterly assessments to
raise the additional funds. The board and the office of
consumer advocate may add additional personnel or contract
for additional assistance to review and evaluate energy
efficiency plans and the implementation of energy efficiency
programs including, but not limited to, professionally trained
engineers, accountants, attorneys, skilled examiners and
inspectors, and secretaries and clerks. The board and the
office of consumer advocate may also contract for additional
assistance in the evaluation and implementation of issues
relating to telecommunication competition. The board and the
office of the consumer advocate may expend additional sums
beyond those sums appropriated. However, the authority to add
additional personnel or contract for additional assistance
must first be approved by the department of management. The
additional sums for energy efficiency shall be provided to the
board and the office of the consumer advocate by the utilities
subject to the energy efficiency requirements in this chapter.
Telephone companies shall pay any additional sums needed for
assistance with telecommunication competition issues. The
assessments shall be in addition to and separate from the
quarterly assessment.
4. a. Fees paid to the utilities division board shall be
-1455-deposited in the department of commerce revolving fund created
in section 546.12. These funds shall be used for the payment,
upon appropriation by the general assembly, of the expenses of
the utilities division board and the consumer advocate division
of the department of justice.
b. The administrator and consumer advocate shall account
for receipts and disbursements according to the separate duties
imposed upon the utilities board and the consumer advocate
divisions division by the laws of this state and each separate
duty shall be fiscally self-sustaining.
c. All fees and other moneys collected under this section
and sections 478.4, 479.16, and 479A.9 shall be deposited into
the department of commerce revolving fund created in section
546.12 and expenses required to be paid under this section
shall be paid from funds appropriated for those purposes.
Sec. 2675. Section 476.48, subsections 2 and 6, Code 2023,
are amended to read as follows:
2. Program established.
a. The utilities division board shall establish and
administer a small wind innovation zone program to optimize
local, regional, and state benefits from wind energy and
to facilitate and expedite interconnection of small wind
energy systems with electric utilities throughout this state.
Pursuant to the program, the owner of a small wind energy
system located within a small wind innovation zone desiring
to interconnect with an electric utility shall benefit
from a streamlined application process, may utilize a model
interconnection agreement, and can qualify under a model
ordinance.
b. A political subdivision seeking to be designated a small
wind innovation zone shall apply to the division board upon a
form developed by the division board. The division board shall
approve an application which documents that the applicable
local government has adopted the model ordinance or is in the
process of amending an existing zoning ordinance to comply with
-1456-the model ordinance and that an electric utility operating
within the political subdivision has agreed to utilize the
model interconnection agreement to contract with the small wind
energy system owners who agree to its terms.
6. Reporting requirements. The division board shall prepare
a report summarizing the number of applications received from
political subdivisions seeking to be designated a small wind
innovation zone, the number of applications granted, the number
of small wind energy systems generating electricity within
each small wind innovation zone, and the amount of wind energy
produced, and shall submit the report to the members of the
general assembly by January 1 annually.
Sec. 2676. Section 476.51, subsection 5, Code 2023, is
amended to read as follows:
5. Civil penalties collected pursuant to this section from
utilities providing water, electric, or gas service shall
be forwarded by the chief operating officer of the board to
the treasurer of state to be credited to the general fund
of the state and to be used only for the low income home
energy assistance program and the weatherization assistance
program administered by the division of community action
agencies of the department of human rights. Civil penalties
collected pursuant to this section from utilities providing
telecommunications service shall be forwarded to the treasurer
of state to be credited to the department of commerce revolving
fund created in section 546.12 to be used only for consumer
education programs administered by the board. Penalties paid
by a rate-regulated public utility pursuant to this section
shall be excluded from the utility’s costs when determining
the utility’s revenue requirement, and shall not be included
either directly or indirectly in the utility’s rates or charges
to customers.
Sec. 2677. Section 476.63, Code 2023, is amended to read as
follows:
476.63 Energy efficiency programs.
-1457- The division board shall consult with the economic
development authority in the development and implementation of
public utility energy efficiency programs.
Sec. 2678. Section 476.87, subsection 3, Code 2023, is
amended to read as follows:
3. The board shall allocate the costs and expenses
reasonably attributable to certification and dispute resolution
in this section to persons identified as parties to such
proceeding who are engaged in or who seek to engage in
providing natural gas services or other persons identified as
participants in such proceeding. The funds received for the
costs and the expenses of certification and dispute resolution
shall be remitted to the treasurer of state for deposit in the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2679. Section 476.95B, subsection 2, Code 2023, is
amended to read as follows:
2. In proceedings under 47 U.S.C. §251–254, the board
shall allocate the costs and expenses of the proceedings to
persons identified as parties in the proceeding who are engaged
in or who seek to engage in providing telecommunications
service or other persons identified as participants in the
proceeding. The funds received for the costs and the expenses
shall be remitted to the treasurer of state for deposit in the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2680. Section 476.103, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. A civil penalty collected pursuant to this subsection
shall be forwarded by the chief operating officer of the board
to the treasurer of state to be credited to the department of
commerce revolving fund created in section 546.12 and to be
used only for consumer education programs administered by the
board.
Sec. 2681. Section 476A.1, subsection 2, Code 2023, is
-1458-amended to read as follows:
2. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2682. Section 476A.10, Code 2023, is amended to read
as follows:
476A.10 Costs of proceeding.
The applicant for a certificate, or an amendment to
certificate, shall pay all the costs and expenses incurred by
the division board in reaching a decision on the application
including the costs of examinations of the site, the hearing,
publishing of notice, division board staff salaries, the cost
of consultants employed by the division board, and other
expenses reasonably attributable to the proceeding.
Sec. 2683. Section 476A.14, subsection 1, Code 2023, is
amended to read as follows:
1. Any person who commences to construct a facility as
provided in this subchapter without having first obtained a
certificate, or who constructs, operates, or maintains any
facility other than in compliance with a certificate issued by
the board or a certificate amended pursuant to this subchapter,
or who causes any of these acts to occur, shall be liable
for a civil penalty of not more than ten thousand dollars
for each violation or for each day of continuing violation.
Civil penalties collected pursuant to this subsection shall be
forwarded by the clerk of court to the treasurer of state for
deposit in the department of commerce revolving fund created
in section 546.12.
Sec. 2684. Section 476B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2685. Section 476C.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Board” means the utilities board within the utilities
division of the department of commerce.
-1459- Sec. 2686. Section 477A.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2687. Section 477C.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the department
of commerce created in section 474.1.
Sec. 2688. Section 478.1, subsection 1, Code 2023, is
amended to read as follows:
1. A person shall not construct, erect, maintain, or
operate a transmission line, wire, or cable that is capable
of operating at an electric voltage of sixty-nine kilovolts
or more along, over, or across any public highway or grounds
outside of cities for the transmission, distribution, or sale
of electric current without first procuring from the utilities
board within the utilities division of the department of
commerce a franchise granting authority as provided in this
chapter.
Sec. 2689. Section 478.4, Code 2023, is amended to read as
follows:
478.4 Franchise — hearing.
The utilities board shall consider the petition and any
objections filed to it in the manner provided. It shall
examine the proposed route or cause any engineer selected
by it to do so. If a hearing is held on the petition it may
hear testimony as may aid it in determining the propriety of
granting the franchise. It may grant the franchise in whole or
in part upon the terms, conditions, and restrictions, and with
the modifications as to location and route as may seem to it
just and proper. Before granting the franchise, the utilities
board shall make a finding that the proposed line or lines are
necessary to serve a public use and represents a reasonable
relationship to an overall plan of transmitting electricity in
the public interest. A franchise shall not become effective
-1460-until the petitioners shall pay, or file an agreement to pay,
all costs and expenses of the franchise proceeding, whether
or not objections are filed, including costs of inspections
or examinations of the route, hearing, salaries, publishing
of notice, and any other expenses reasonably attributable to
it. The funds received for the costs and the expenses of the
franchise proceeding shall be remitted to the treasurer of
state for deposit in the department of commerce revolving fund
created in section 546.12 as provided in section 476.10.
Sec. 2690. Section 478A.7, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding subsection 1, commencing January 1,
1990, a person may sell or offer for sale in this state a
decorative gas lamp manufactured after December 31, 1978,
if the utilities board within the utilities division of
the department of commerce determines, after notice and an
opportunity for interested persons to comment at an oral
presentation, that the sale or offer for sale of decorative gas
lamps does not violate the public interest.
Sec. 2691. Section 479.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2692. Section 479.16, Code 2023, is amended to read as
follows:
479.16 Receipt of funds.
All moneys received under this chapter shall be remitted
monthly to the treasurer of state and credited to the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2693. Section 479A.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2694. Section 479A.9, Code 2023, is amended to read as
-1461-follows:
479A.9 Deposit of funds.
Moneys received under this chapter shall be credited to the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2695. Section 479B.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2696. Section 479B.2, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 2697. Section 479B.12, Code 2023, is amended to read
as follows:
479B.12 Use of funds.
All moneys received under this chapter, other than civil
penalties collected pursuant to section 479B.21, shall be
remitted monthly to the treasurer of state and credited to
the department of commerce revolving fund created in section
546.12.
Sec. 2698. Section 657.1, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding subsection 1, in an action to abate
a nuisance against an electric utility, an electric utility
may assert a defense of comparative fault as set out in
section 668.3 if the electric utility demonstrates that in
the course of providing electric services to its customers it
has complied with engineering and safety standards as adopted
by the utilities board of the department of commerce, and if
the electric utility has secured all permits and approvals,
as required by state law and local ordinances, necessary to
perform activities alleged to constitute a nuisance.
Sec. 2699. Section 714D.2, subsection 9, Code 2023, is
amended to read as follows:
9. “Unfair practice” means the same as defined in section
714.16, subsection 1, and also means any failure of a
-1462-person to comply with the Telecommunications Act or with any
statute or rule enforced by the utilities board within the
utilities division of the department of commerce relating to a
telecommunications service selection or change.
Sec. 2700. Section 714D.6, subsection 2, Code 2023, is
amended to read as follows:
2. A cause of action under this section shall not apply
unless, prior to filing the action, the consumer has submitted
a complaint to the utilities board within the utilities
division of the department of commerce, the utilities board has
failed to resolve the complaint to the consumer’s satisfaction
within one hundred twenty days of the date the complaint was
submitted, and the consumer dismisses the complaint before the
utilities board. The requirement that a consumer complaint be
submitted to the utilities board and resolved by the utilities
board to the consumer’s satisfaction within one hundred twenty
days of filing before the consumer may file an action pursuant
to this section shall not apply to an action by the attorney
general to recover moneys for the consumer pursuant to section
714D.7 or any other law. A finding by the utilities board
that a respondent has complied with rules governing carrier
selection procedures adopted by the utilities board shall be
an affirmative defense to any claim brought under this section
or section 476.103 or 714D.7 that an unauthorized change in
service has occurred.
Sec. 2701. Section 714D.7, subsection 4, Code 2023, is
amended to read as follows:
4. The attorney general shall not file a civil enforcement
action under this chapter or under section 714.16 against a
person for an act which is the subject of an administrative
proceeding to impose a civil penalty which has been initiated
against the person by the utilities board within the utilities
division of the department of commerce. This subsection shall
not be construed to limit the authority of the attorney general
to file a civil enforcement or other enforcement action against
-1463-a person for violating a prior agreement entered into by the
person with the attorney general or a court order obtained
by the attorney general against the person. This subsection
shall not be construed to limit the authority of the attorney
general to file a civil enforcement or other enforcement action
against the person for acts which are not the subject of an
administrative proceeding which has been initiated against the
person by the utilities board.
Sec. 2702. REPEAL. Section 546.7, Code 2023, is repealed.
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
Sec. 2703. Section 7E.5, subsection 1, paragraph f, Code
2023, is amended to read as follows:
f. The department of commerce insurance and financial
services, created in section 546.2, which has primary
responsibility for business and professional regulatory,
service, and licensing insurance and financial services
functions.
Sec. 2704. Section 7E.5, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. There is a civil rights commission, a public employment
relations board, an interstate cooperation commission, an Iowa
ethics and campaign disclosure board, an Iowa utilities board,
and an Iowa law enforcement academy.
Sec. 2705. Section 8A.412, subsections 18 and 19, Code 2023,
are amended to read as follows:
18. The administrator and the deputy administrator
superintendent and deputy superintendent of the credit union
division of the department of commerce insurance and financial
services, all members of the credit union review board, and all
employees of the credit union division.
19. The superintendent of the banking division of the
department of commerce insurance and financial services, all
members of the state banking council, and all employees of
the banking division except for employees of the professional
licensing and regulation bureau of the division.
-1464- Sec. 2706. Section 8A.438, subsection 1, Code 2023, is
amended to read as follows:
1. The director may establish a tax-sheltered investment
program for eligible employees. The director may arrange for
the provision of investment vehicles authorized under section
403(b) of the Internal Revenue Code, as defined in section
422.3. The tax-sheltered investment program shall include
investment vehicles authorized under section 403(b) of the
Internal Revenue Code provided by any insurance company or
investment company that is recommended for inclusion in the
program by a person licensed as an insurance producer under
chapter 522B, or registered as a securities agent or investment
adviser representative under chapter 502, by the insurance
division of the department of commerce insurance and financial
services. The director shall require each insurance company
and investment company included in the program to utilize the
third party administrator selected by the department and a
common remitter, and shall limit the total number of insurance
companies and investment companies in the program to no more
than thirty. To be eligible for inclusion in the program, an
insurance company shall have filed with, and had the company’s
contract and forms approved by, the insurance division of the
department of commerce insurance and financial services, and
an investment company shall be registered with the federal
securities and exchange commission. The department may
offer the tax-sheltered investment program to eligible public
employers in the state of Iowa.
Sec. 2707. Section 8E.103, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Each division within the department of commerce insurance
and financial services is considered an agency, and each bureau
within a division of the department of commerce insurance and
financial services is considered a division, as otherwise
provided in chapter 7E.
Sec. 2708. Section 8F.2, subsection 8, paragraph b,
-1465-subparagraph (3), Code 2023, is amended to read as follows:
(3) A contract concerning an entity that has contracted
with the state and is licensed and regulated by the insurance
division of the department of commerce insurance and financial
services.
Sec. 2709. Section 11.5B, subsection 1, Code 2023, is
amended to read as follows:
1. Department of commerce insurance and financial services.
Sec. 2710. Section 11.6, subsection 1, paragraph c,
subparagraph (6), Code 2023, is amended to read as follows:
(6) A joint investment trust organized pursuant to chapter
28E shall file the audit reports required by this chapter with
the administrator of the securities and regulated industries
bureau of the insurance division of the department of commerce
insurance and financial services within ten days of receipt
from the auditor. The auditor of a joint investment trust
shall provide written notice to the administrator of the time
of delivery of the reports to the joint investment trust.
Sec. 2711. Section 15E.17, subsection 4, Code 2023, is
amended to read as follows:
4. Subsections 2 and 3 do not apply to the following:
a. The utilities division of the department of commerce
board insofar as the information relates to public utilities.
b. The banking division of the department of commerce
insurance and financial services.
c. The credit union division of the department of commerce
insurance and financial services.
Sec. 2712. Section 16.45, subsection 5, Code 2023, is
amended to read as follows:
5. For purposes of this section, “financial institutions”
means the same as defined in section 12C.1, “lender” means a
lender as defined in section 537.1301 that is licensed by the
banking division of the department of commerce insurance and
financial services, and “manufactured home” or “manufactured
housing” means the same as the definition of manufactured home
-1466-in section 435.1.
Sec. 2713. Section 16.91, subsection 3, Code 2023, is
amended to read as follows:
3. With the approval of the authority board the division
and its board shall consult with the insurance division of
the department of commerce insurance and financial services
in developing a guaranty contract acceptable to the secondary
market and developing any other feature of the program with
which the insurance division may have special expertise.
Except as provided in this subsection, the Iowa title guaranty
program is not subject to the jurisdiction of or regulation by
the insurance division or the commissioner of insurance.
Sec. 2714. Section 20.4, subsections 10 and 11, Code 2023,
are amended to read as follows:
10. Persons employed by the credit union division of the
department of commerce insurance and financial services.
11. Persons employed by the banking division of the
department of commerce insurance and financial services.
Sec. 2715. Section 68B.2, subsection 23, Code 2023, is
amended to read as follows:
23. “Regulatory agency” means the department of agriculture
and land stewardship, department of workforce development,
department of commerce insurance and financial services,
Iowa department of public health, department of public
safety, department of education, state board of regents,
department of human services, department of revenue, department
of inspections and appeals, department of administrative
services, public employment relations board, state department
of transportation, civil rights commission, department of
public defense, department of homeland security and emergency
management, Iowa ethics and campaign disclosure board,
utilities board, and department of natural resources.
Sec. 2716. Section 85.70, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. Beginning on or before December 1, 2018, the department
-1467-of workforce development, in cooperation with the department of
education, the insurance division of the department of commerce
insurance and financial services, and all community colleges
that are participating in the new career vocational training
and education program, shall prepare an annual report for
submission to the general assembly that provides information
about the status of the program including but not limited to
the utilization of and participants in the program, program
completion rates, employment rates after completion of the
program and the types of employment obtained by the program
participants, and the effects of the program on workers’
compensation premium rates.
Sec. 2717. Section 87.11, subsection 2, Code 2023, is
amended to read as follows:
2. An employer seeking relief from the insurance
requirements of this chapter shall pay to the insurance
division of the department of commerce insurance and financial
services the following fees:
a. A fee of one hundred dollars, to be submitted annually
along with an application for relief.
b. A fee of one hundred dollars for issuance of the
certificate relieving the employer from the insurance
requirements of this chapter.
c. A fee of fifty dollars, to be submitted with each filing
required by the commissioner of insurance, including but not
limited to the annual and quarterly financial statements, and
material change statements.
Sec. 2718. Section 97B.49B, subsection 1, paragraph e,
subparagraph (13), Code 2023, is amended to read as follows:
(13) An employee of the insurance division of the department
of commerce insurance and financial services who as a condition
of employment is required to be certified by the Iowa law
enforcement academy and who is required to perform the duties
of a peace officer as provided in section 507E.8.
Sec. 2719. Section 100A.1, subsection 1, paragraph j, Code
-1468-2023, is amended to read as follows:
j. The fraud bureau within the insurance division of the
department of commerce insurance and financial services.
Sec. 2720. Section 256.35A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. In addition, representatives of the department of
education, the division of vocational rehabilitation of the
department of education, the department of public health,
the department of human services, the Iowa developmental
disabilities council, the division of insurance of the
department of commerce insurance and financial services, and
the state board of regents shall serve as ex officio members
of the advisory council. Ex officio members shall work
together in a collaborative manner to serve as a resource to
the advisory council. The council may also form workgroups
as necessary to address specific issues within the technical
purview of individual members.
Sec. 2721. Section 502.102, subsection 27A, Code 2023, is
amended to read as follows:
27A. “Securities and regulated industries bureau” means the
securities and regulated industries bureau of the insurance
division of the department of commerce insurance and financial
services.
Sec. 2722. Section 502.321A, subsection 8, paragraph b,
subparagraph (3), Code 2023, is amended to read as follows:
(3) An offer in which the target company is an insurance
company or insurance holding company subject to regulation
by the commissioner of insurance, a financial institution
subject to regulation by the superintendent of banking or the
superintendent of savings and loan associations, or a public
utility subject to regulation by the utilities division of the
department of commerce board.
Sec. 2723. Section 502.601, subsection 1, Code 2023, is
amended to read as follows:
1. Administration. This chapter shall be administered by
-1469-the commissioner of insurance of this state. The administrator
shall appoint a deputy administrator who shall be exempt from
the merit system provisions of chapter 8A, subchapter IV. The
deputy administrator is the principal operations officer of the
securities and regulated industries bureau of the insurance
division of the department of commerce insurance and financial
services. The deputy administrator is responsible to the
administrator for the routine administration of this chapter
and the management of the securities and regulated industries
bureau. In the absence of the administrator, whether because
of vacancy in the office, by reason of absence, physical
disability, or other cause, the deputy administrator shall be
the acting administrator and shall, for that period, have and
exercise the authority conferred upon the administrator. The
administrator may by order delegate to the deputy administrator
any or all of the functions assigned to the administrator
under this chapter. The administrator shall employ officers,
attorneys, accountants, and other employees as needed for the
administration of this chapter.
Sec. 2724. Section 502A.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Administrator” means the administrator of the securities
and regulated industries bureau of the insurance division of
the department of commerce insurance and financial services.
Sec. 2725. Section 502A.15, subsection 1, Code 2023, is
amended to read as follows:
1. This chapter shall be administered by the administrator
of the securities and regulated industries bureau of the
insurance division of the department of commerce insurance and
financial services.
Sec. 2726. Section 505.1, Code 2023, is amended to read as
follows:
505.1 Insurance division created.
An insurance division is created within the department
of commerce insurance and financial services to regulate and
-1470-supervise the conducting of the business of insurance in the
state. The commissioner of insurance is the chief executive
officer of the division. As used in this subtitle and chapter
502, “division” means the insurance division.
Sec. 2727. Section 505.2, Code 2023, is amended to read as
follows:
505.2 Appointment and term of commissioner.
1. The governor shall appoint subject to confirmation
by the senate, a commissioner of insurance, who shall be
selected solely with regard to qualifications and fitness to
discharge the duties of this position, devote the entire time
to such duties, and serve for four years beginning and ending
as provided by section 69.19. The governor may remove the
commissioner for malfeasance in office, or for any cause that
renders the commissioner ineligible, incapable, or unfit to
discharge the duties of the office.
2. A vacancy in the office of the commissioner shall be
filled for the unexpired portion of the regular term.
3. The commissioner of insurance shall also serve as the
director of the department of insurance and financial services
pursuant to section 546.2.
Sec. 2728. Section 505.5, Code 2023, is amended to read as
follows:
505.5 Expenses — salary.
The commissioner shall be entitled to reimbursement of
actual necessary expenses in attending meetings of insurance
commissioners of other states, and in the performance of the
duties of the office. The commissioner’s salary shall be as
fixed by the general assembly.
Sec. 2729. Section 505.7, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. All fees and charges which are required by law to be
paid by insurance companies, associations, and other regulated
entities shall be payable to the commissioner of the insurance
division of the department of commerce insurance and financial
-1471-services or department of revenue, as provided by law, whose
duty it shall be to account for and pay over the same to the
treasurer of state at the time and in the manner provided by
law for deposit in the department of commerce revolving fund
created in section 546.12.
3. Forty percent of the nonexamination revenues payable
to the division of insurance or the department of revenue in
connection with the regulation of insurance companies or other
entities subject to the regulatory jurisdiction of the division
shall be deposited in the department of commerce revolving
fund created in section 546.12 and shall be subject to annual
appropriation to the division for its operations and is also
subject to expenditure under subsection 6. The remaining
nonexamination revenues payable to the division of insurance
or the department of revenue shall be deposited in the general
fund of the state.
Sec. 2730. Section 507.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Division” means the division of insurance of the
department of commerce insurance and financial services.
Sec. 2731. Section 507E.8, Code 2023, is amended to read as
follows:
507E.8 Law enforcement authority.
1. An individual employed by the division and designated as
a peace officer shall be considered a law enforcement officer
as that term is defined in section 80B.3, and shall exercise
the powers of a law enforcement officer as follows:
a. For purposes of an arrest resulting from a criminal
violation of any provision of the Code subject to the
jurisdiction of the commissioner established as a result of an
investigation pursuant to this chapter or chapter 502, 502A,
507A, 523A, 523C, 523D, or 523I.
b. While conducting an investigation or engaged in an
assignment authorized by this chapter or ordered by the
commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
-1472-523I.
c. To protect life if a public offense is committed in the
presence of the peace officer.
d. While providing assistance to a law enforcement agency or
another law enforcement officer.
e. While providing assistance at the request of a member of
the public.
2. Laws applicable to an arrest of an individual by a law
enforcement officer of the state shall apply to an individual
employed by the division and designated as a peace officer. An
individual employed by the division and designated as a peace
officer shall have the power to execute arrest warrants and
search warrants, serve subpoenas issued for the examination,
investigation, and trial of all offenses identified through the
course of an investigation conducted pursuant to this section,
and arrest upon probable cause without warrant a person found
in the act of committing a violation of this chapter or a law
of this state.
Sec. 2732. Section 514H.2, subsection 2, Code 2023, is
amended to read as follows:
2. The insurance division of the department of commerce
insurance and financial services shall administer the program
in cooperation with the division responsible for medical
services within the department of human services. Each
agency shall take all necessary actions, including filing an
appropriate medical assistance state plan amendment to the
state Medicaid plan to take full advantage of the benefits and
features of the Deficit Reduction Act of 2005.
Sec. 2733. Section 514H.9, Code 2023, is amended to read as
follows:
514H.9 Rules.
The insurance division of the department of commerce
insurance and financial services in cooperation with the
department of human services shall adopt rules pursuant to
chapter 17A as necessary to administer this chapter.
-1473- Sec. 2734. Section 514I.2, subsection 9, paragraph a, Code
2023, is amended to read as follows:
a. An entity licensed by the division of insurance of the
department of commerce insurance and financial services to
provide health insurance in Iowa that has contracted with the
department to provide health insurance coverage to eligible
children under this chapter.
Sec. 2735. Section 515A.6, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. The commissioner shall provide notice of the filing of
the proposed rates at least thirty days before the effective
date of the proposed rates by publishing a notice on the
internet site of the insurance division of the department of
commerce insurance and financial services.
Sec. 2736. Section 521H.6, subsection 1, Code 2023, is
amended to read as follows:
1. Documents, materials, or other information, including
a corporate governance annual disclosure, in the possession
or control of the insurance division of the department of
commerce insurance and financial services, that is obtained
by, created by, or disclosed to the commissioner or to any
other person pursuant to this chapter, is recognized in this
state as being proprietary and containing trade secrets. All
such documents, materials, or other information, including the
disclosure, shall be confidential and privileged, shall not be
subject to chapter 22, shall be considered confidential under
chapter 507, shall not be subject to subpoena, and shall not be
subject to discovery or admissible in evidence in any private
civil action. However, the commissioner is authorized to use
such documents, materials, or other information, including
the disclosure, in the furtherance of any regulatory or legal
action brought as a part of the commissioner’s official duties.
The commissioner shall not otherwise make the documents,
materials, or other information, including the disclosure,
public without the prior written consent of the insurer or
-1474-insurance group that provided the documents, materials, or
other information, including the disclosure. Nothing in this
section shall be construed to require written consent of
the insurer or insurance group before the commissioner may
share or receive confidential documents, materials, or other
information related to governance of an insurer or insurance
group pursuant to subsection 3 to assist in the performance of
the commissioner’s regular duties.
Sec. 2737. Section 522.8, subsection 1, Code 2023, is
amended to read as follows:
1. Documents, materials, or other information, including
an own risk and solvency assessment summary report, in
the possession or control of the insurance division of the
department of commerce insurance and financial services, that
are obtained by, created by, or disclosed to the commissioner
or to any other person pursuant to this chapter, are recognized
in this state as being proprietary and containing trade
secrets. All such documents, materials, or other information,
including the summary report, shall be confidential and
privileged, shall not be subject to chapter 22, shall not be
subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action.
However, the commissioner is authorized to use such documents,
materials, or other information, including the summary report,
in the furtherance of any regulatory or legal action brought as
a part of the commissioner’s official duties. The commissioner
shall not otherwise make the documents, materials, or other
information, including the summary report, public without
the prior written consent of the insurer that provided the
documents, materials, or other information, including the
summary report.
Sec. 2738. Section 523A.807, subsection 4, Code 2023, is
amended to read as follows:
4. The commissioner shall post on the internet site of the
division of insurance of the department of commerce insurance
-1475-and financial services a list of all persons licensed under
this chapter and an index of orders issued by the commissioner
pertaining to such persons.
Sec. 2739. Section 524.201, Code 2023, is amended to read
as follows:
524.201 Superintendent of banking.
1. The governor shall appoint, subject to confirmation by
the senate, a superintendent of banking. The appointee shall
be selected solely with regard to qualification and fitness
to discharge the duties of office, and a person shall not be
appointed who has not had at least five years’ experience as an
executive officer in a bank. The superintendent shall serve at
the pleasure of the governor.
2. The superintendent shall have an office at the seat
of government. The regular term of office shall be four
years beginning and ending as provided by section 69.19 The
superintendent shall receive a salary set by the governor
within a range established by the general assembly.
Sec. 2740. Section 524.206, Code 2023, is amended to read
as follows:
524.206 Banking division created.
The banking division is created within the department of
commerce insurance and financial services.
Sec. 2741. Section 524.207, subsections 1, 2, 5, and 6, Code
2023, are amended to read as follows:
1. Except as otherwise provided by statute, all expenses
required in the discharge of the duties and responsibilities
imposed upon the banking division of the department of commerce
insurance and financial services, the superintendent, and the
state banking council by the laws of this state shall be paid
from fees provided by the laws of this state and appropriated
by the general assembly from the department of commerce
revolving fund created in section 546.12. All of these
fees are payable to the superintendent. The superintendent
shall pay all the fees and other moneys received by the
-1476-superintendent to the treasurer of state within the time
required by section 12.10 and the fees and other moneys shall
be deposited into the department of commerce revolving fund
created in section 546.12.
2. All fees and assessments generated as the result of a
national bank or federal savings association converting to a
state bank on or after December 31, 2015, and thereafter, are
payable to the superintendent. The superintendent shall pay
all the fees and assessments received by the superintendent
pursuant to this subsection to the treasurer of state within
the time required by section 12.10 and the fees and assessments
shall be deposited into the department of commerce revolving
fund created in section 546.12. An amount equal to such fees
and assessments deposited into the department of commerce
revolving fund is appropriated from the department of commerce
revolving fund to the banking division of the department of
commerce insurance and financial services for the fiscal
year in which a national bank or federal savings association
converted to a state bank and an amount equal to such
annualized fees and assessments deposited into the department
of commerce revolving fund in succeeding years is appropriated
from the department of commerce revolving fund to the banking
division of the department of commerce insurance and financial
services for succeeding fiscal years for purposes related to
the discharge of the duties and responsibilities imposed upon
the banking division of the department of commerce insurance
and financial services, the superintendent, and the state
banking council by the laws of this state. This appropriation
shall be in addition to the appropriation of moneys otherwise
described in this section. If a state bank converts to a
national bank or federal savings association, any appropriation
made pursuant to this subsection for the following fiscal
year shall be reduced by the amount of the assessment paid by
the state bank during the fiscal year in which the state bank
converted to a national bank or federal savings association.
-1477- 5. All fees and moneys collected shall be deposited into the
department of commerce revolving fund created in section 546.12
and expenses required to be paid under this section shall be
paid from moneys in the department of commerce revolving fund
and appropriated for those purposes.
6. All moneys received by the superintendent pursuant to a
multi-state settlement with a provider of financial services
such as a mortgage lender, a mortgage servicer, or any other
person regulated by the banking division of the department of
commerce insurance and financial services shall be deposited
into the department of commerce revolving fund created in
section 546.12 and an amount equal to the amount deposited
into the fund is appropriated to the banking division of the
department of commerce insurance and financial services for the
fiscal year in which such moneys are received and in succeeding
fiscal years for the purpose of promoting financial-related
education and supporting those duties of the banking
division related to financial regulation that are limited to
nonrecurring expenses such as equipment purchases, training,
technology, and retirement payouts related to the oversight of
mortgage lending, state banks, and other financial services
regulated by the banking division. This appropriation shall be
in addition to the appropriation of moneys otherwise described
in this section. The superintendent shall submit a report to
the department of management and to the legislative services
agency detailing the expenditure of moneys appropriated to the
banking division pursuant to this subsection during each fiscal
year. The initial report shall be submitted on or before
September 15, 2016, and each September 15 thereafter. Moneys
appropriated pursuant to this subsection are not subject to
section 8.33 and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this subsection.
Sec. 2742. Section 527.2, subsection 2, Code 2023, is
amended to read as follows:
-1478- 2. “Administrator” means and includes the superintendent
of banking and the superintendent of credit unions within
the department of commerce insurance and financial services
and the supervisor of industrial loan companies within the
office of the superintendent of banking. However, the powers
of administration and enforcement of this chapter shall be
exercised only as provided in sections 527.3, 527.5, subsection
7, sections 527.11, 527.12, and any other pertinent provision
of this chapter.
Sec. 2743. Section 528.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Administrator” means the superintendent of banking and
the superintendent of credit unions within the department of
commerce insurance and financial services.
Sec. 2744. Section 533.102, subsection 4, Code 2023, is
amended to read as follows:
4. “Credit union service organization” means a corporation,
limited partnership, or limited liability company organized
under state law to provide financial and financial-related
services for one or more credit unions, each of which owns part
of the capital stock of the credit union service organization,
as authorized under section 533.301, subsection 5, paragraph
“f”, and which corporation, limited partnership, or limited
liability company is subject to examination by the credit union
division of the Iowa department of commerce insurance and
financial services or a federal supervisory agency.
Sec. 2745. Section 533.103, Code 2023, is amended to read
as follows:
533.103 Credit union division created.
A credit union division of the department of commerce
insurance and financial services is created to administer this
chapter.
Sec. 2746. Section 533.104, Code 2023, is amended to read
as follows:
533.104 Superintendent of credit unions.
-1479- 1. A superintendent of credit unions shall be appointed by
the governor to serve at the pleasure of the governor, subject
to confirmation by the senate, to regulate credit unions.
a. The appointee shall be selected solely with regard to
qualification and fitness to discharge the duties of office.
b. The and the individual appointed shall have at least
five years’ experience as a director or executive officer of
a credit union, or comparable experience in the regulation or
examination of credit unions. For purposes of this paragraph
subsection, credit union membership does not qualify as credit
union experience.
2. The superintendent shall have an office at the seat
of government. The superintendent’s term of office shall be
four years beginning and ending as provided by section 69.19.
The governor may remove the superintendent for malfeasance
in office, or for any cause that renders the superintendent
ineligible, incapable, or unfit to discharge the duties of the
office.
3. The superintendent shall receive a salary set by the
governor within a range established by the general assembly.
4. A vacancy in the office of superintendent shall be filled
for the unexpired portion of the regular term.
5. 3. The superintendent may adopt rules as necessary or
appropriate to administer this chapter, subject to the prior
approval of the rules by the review board.
Sec. 2747. Section 533.111, subsections 1, 4, and 5, Code
2023, are amended to read as follows:
1. a. All expenses required in the discharge of the
duties and responsibilities imposed upon the credit union
division, the superintendent, and the review board by the laws
of this state shall be paid from fees provided by the laws
of this state and appropriated by the general assembly from
the department of commerce revolving fund created in section
546.12.
b. All fees imposed under this chapter are payable to
-1480-the superintendent, who shall pay all fees and other moneys
received to the treasurer of state within the time required by
section 12.10. The treasurer of state shall deposit such funds
in the department of commerce revolving fund created in section
546.12.
4. a. All fees and other moneys collected shall be
deposited into the department of commerce revolving fund
created in section 546.12 and expenses required to be paid
under this section shall be paid from moneys in the department
of commerce revolving fund and appropriated for those purposes.
b. Funds appropriated to the credit union division shall
be subject at all times to the warrant of the director
of the department of administrative services, drawn upon
written requisition of the superintendent or a designated
representative, for the payment of all salaries and other
expenses necessary to carry out the duties of the credit union
division.
5. The credit union division may accept reimbursement of
expenses related to the examination of a state credit union
from the national credit union administration or any other
guarantor or insurance plan authorized by this chapter. These
reimbursements shall be deposited into the department of
commerce revolving fund created in section 546.12.
Sec. 2748. Section 533A.10, subsection 1, Code 2023, is
amended to read as follows:
1. The superintendent may examine the condition and
affairs of a licensee. In connection with any examination,
the superintendent may examine on oath any licensee, and any
director, officer, employee, customer, creditor, or stockholder
of a licensee concerning the affairs and business of the
licensee. The superintendent shall ascertain whether the
licensee transacts its business in the manner prescribed by
the law and applicable rules. The licensee shall pay the cost
of the examination as determined by the superintendent based
on the actual cost of the operation of the finance bureau of
-1481-the banking division of the department of commerce insurance
and financial services, including the proportionate share of
the administrative expenses in the operation of the banking
division attributable to the finance bureau, as determined by
the superintendent, incurred in the discharge of duties imposed
upon the superintendent by this chapter. Failure to pay the
examination fee within thirty days of receipt of demand from
the superintendent shall subject the licensee to a late fee of
up to five percent per day of the amount of the examination fee
for each day the payment is delinquent.
Sec. 2749. Section 533A.14, Code 2023, is amended to read
as follows:
533A.14 Fees to state treasurer.
All moneys received by the superintendent from fees,
licenses, and examinations pursuant to this chapter shall be
deposited by the superintendent with the treasurer of state for
deposit in the department of commerce revolving fund created
in section 546.12.
Sec. 2750. Section 533C.902, subsection 1, Code 2023, is
amended to read as follows:
1. A financial services licensing fund is created as a
separate fund in the state treasury under the authority of the
banking division of the department of commerce insurance and
financial services. Moneys deposited in the fund shall be used
to pay for staffing necessary to perform examinations, audits,
and other duties required of the superintendent and the banking
division under this chapter.
Sec. 2751. Section 533D.11, subsection 3, Code 2023, is
amended to read as follows:
3. The superintendent shall determine the cost of the
examination or investigation based upon the actual cost of the
operation of the finance bureau of the banking division of
the department of commerce insurance and financial services,
including the proportionate share of administrative expenses
in the operation of the banking division attributable to the
-1482-finance bureau as determined by the superintendent, incurred
in the discharge of duties imposed upon the superintendent by
this chapter.
Sec. 2752. Section 535B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Administrator” means the superintendent of the division
of banking of the department of commerce insurance and
financial services.
Sec. 2753. Section 535B.10, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. The licensee shall pay the cost of the examination or
investigation as determined by the administrator based on
the actual cost of the operation of the finance bureau of
the banking division of the department of commerce insurance
and financial services, including the proportionate share
of administrative expenses in the operation of the banking
division attributable to the finance bureau as determined by
the administrator, incurred in the discharge of duties imposed
upon the administrator by this chapter.
Sec. 2754. Section 535C.11, unnumbered paragraph 1, Code
2023, is amended to read as follows:
This chapter does not apply to activities or arrangements
expressly approved or regulated by the department of commerce
insurance and financial services.
Sec. 2755. Section 535D.11, subsection 2, Code 2023, is
amended to read as follows:
2. The payment of application and renewal fees for licenses
through the nationwide mortgage licensing system and registry
and any additional fees as determined by the superintendent
based on the actual cost of the operation of the finance bureau
of the banking division of the department of commerce insurance
and financial services, including the proportionate share
of administrative expenses in the operation of the banking
division attributable to the finance bureau as determined by
the superintendent, incurred in the discharge of duties imposed
-1483-by this chapter.
Sec. 2756. Section 536.10, subsection 3, Code 2023, is
amended to read as follows:
3. A licensee subject to examination, supervision,
and regulation by the superintendent shall pay to the
superintendent an examination fee based on the actual cost
of the operation of the regulated loan bureau of the banking
division of the department of commerce insurance and financial
services and the proportionate share of administrative expenses
in the operation of the banking division attributable to the
regulated loan bureau as determined by the superintendent.
The fee shall apply equally to all licenses and shall not be
changed more frequently than annually. A fee change shall be
effective on January 1 of the year following the year in which
the change is approved.
Sec. 2757. Section 536A.2, subsection 9, Code 2023, is
amended to read as follows:
9. “Superintendent” means the superintendent of banking
within the banking division of the department of commerce
insurance and financial services.
Sec. 2758. Section 536A.15, subsection 4, Code 2023, is
amended to read as follows:
4. The licensee shall be charged and shall pay the actual
costs of the examination as determined by the superintendent
based on the actual cost of the operation of the finance bureau
of the banking division of the department of commerce insurance
and financial services including the proportionate share
of administrative expenses in the operation of the banking
division attributable to the finance bureau as determined by
the superintendent incurred in the discharge of the duties
imposed upon the superintendent by this chapter. Failure to
pay the examination fee within thirty days of receipt of demand
from the superintendent shall subject the licensee to a late
fee of five percent of the amount of the examination fee for
each day the payment is delinquent.
-1484- Sec. 2759. Section 537.2501, subsection 2, paragraph b,
subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The premium rates have been affirmatively approved by the
insurance division of the department of commerce insurance and
financial services. In approving or establishing the rates,
the division shall review the insurance company’s actuarial
data to assure that the rates are fair and reasonable. The
insurance commissioner shall either hire or contract with a
qualified actuary to review the data. The insurance division
shall obtain reimbursement from the insurance company for the
cost of the actuarial review prior to approving the rates.
In addition, the rates shall be made in accordance with the
following provisions:
Sec. 2760. Section 546.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the department of commerce insurance
and financial services.
2. “Director” means the director of the department of
commerce insurance and financial services.
Sec. 2761. Section 546.2, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A department of commerce insurance and financial
services is created to coordinate and administer the various
regulatory, service, and licensing functions of the state
relating to the conducting of business or commerce in the
state.
2. The chief administrative officer of the department is the
director. The director shall be appointed by the governor from
among those individuals who serve as heads of the divisions
within the department the commissioner of insurance appointed
pursuant to section 505.2. A division head appointed to be the
The director shall fulfill the responsibilities and duties of
the director of the department in addition to the individual’s
director’s responsibilities and duties as the head of a the
-1485-insurance division. The director shall serve at the pleasure
of the governor. If the office of director becomes vacant,
the vacancy shall be filled in the same manner as the original
appointment was made.
3. The department is administratively organized into the
following divisions:
a. Banking.
b. Credit union.
c. Utilities.
d. c. Insurance.
e. Alcoholic beverages.
Sec. 2762. Section 546.12, Code 2023, is amended to read as
follows:
546.12 Department of insurance and financial services
commerce revolving fund.
1. A department of commerce revolving fund is created in
the state treasury. The fund shall consist of moneys collected
by the banking division; credit union division; utilities
division board, including moneys collected on behalf of the
office of consumer advocate established in section 475A.3;
and the insurance division of the department; and deposited
into an account for that division, board, or office within
the fund on a monthly basis. Except as otherwise provided
by statute, all costs for operating the office of consumer
advocate and the banking division, the credit union division,
the utilities division board, and the insurance division of the
department shall be paid from the division’s accounts within
the fund, subject to appropriation by the general assembly.
The insurance division shall administer the fund and all other
divisions shall work with the insurance division to make sure
the fund is properly accounted and reported to the department
of management and the department of administrative services.
The divisions shall provide quarterly reports to the department
of management and the legislative services agency on revenues
billed and collected and expenditures from the fund in a format
-1486-as determined by the department of management in consultation
with the legislative services agency.
2. To meet cash flow needs for the office of consumer
advocate and the banking division, credit union division,
utilities division board, or the insurance division of the
department, the administrative head of that division, board,
or office may temporarily use funds from the general fund of
the state to pay expenses in excess of moneys available in
the revolving fund for that division, board, or office if
those additional expenditures are fully reimbursable and the
division, board, or office reimburses the general fund of the
state and ensures all moneys are repaid in full by the close
of the fiscal year. Notwithstanding any provision to the
contrary, the divisions shall, to the fullest extent possible,
make an estimate of billings and make such billings as early as
possible in each fiscal year, so that the need for the use of
general fund moneys is minimized to the lowest extent possible.
Periodic billings shall be deemed sufficient to satisfy this
requirement. Because any general fund moneys used shall be
fully reimbursed, such temporary use of funds from the general
fund of the state shall not constitute an appropriation for
purposes of calculating the state general fund expenditure
limitation pursuant to section 8.54.
3. Section 8.33 does not apply to any moneys credited or
appropriated to the commerce revolving fund from any other
fund.
4. The establishment of the commerce revolving fund
pursuant to this section shall not be interpreted in any
manner to compromise or impact the accountability of, or limit
authority with respect to, an agency or entity under state
law. Any provision applicable to, or responsibility of, a
division, board, or office collecting moneys for deposit into
the fund established pursuant to this section shall not be
altered or impacted by the existence of the fund and shall
remain applicable to the same extent as if the division, board,
-1487- or office were receiving moneys pursuant to a general fund
appropriation. The divisions of the department of commerce
insurance and financial services shall comply with directions
by the governor to executive branch departments regarding
restrictions on out-of-state travel, hiring justifications,
association memberships, equipment purchases, consulting
contracts, and any other expenditure efficiencies that the
governor deems appropriate.
Sec. 2763. Section 714E.6, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding any other provision of this section,
an action shall not be brought on the basis of a violation of
this chapter, except by an owner against whom the violation was
committed or by the attorney general. This limitation does not
apply to administrative action by either the attorney general
or the superintendent of the banking division of the department
of commerce insurance and financial services.
Sec. 2764. Section 714F.8, subsection 3, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Make a payment to the foreclosed homeowner such that the
foreclosed homeowner has received consideration in an amount
of at least eighty-two percent of the fair market value of the
property, as the property was when the foreclosed homeowner
vacated the property, within ninety days of either the eviction
or voluntary relinquishment of possession of the property by
the foreclosed homeowner. The foreclosure purchaser shall make
a detailed accounting of the basis for the payment amount, or
a detailed accounting of the reasons for failure to make a
payment, including providing written documentation of expenses,
within this ninety-day period. The accounting shall be on a
form prescribed by the attorney general, in consultation with
the superintendent of the banking division of the department of
commerce insurance and financial services without being subject
to the rulemaking procedures of chapter 17A.
Sec. 2765. Section 714F.8, subsection 3, paragraph b,
-1488-subparagraph (2), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) The time for determining the fair market value amount
shall be determined in the foreclosure reconveyance contract
as either at the time of the execution of the foreclosure
reconveyance contract or at resale. If the contract states
that the fair market value shall be determined at the time
of resale, the fair market value shall be the resale price
if it is sold within sixty days of the eviction or voluntary
relinquishment of the property by the foreclosed homeowner.
If the contract states that the fair market value shall
be determined at the time of resale, and the resale is not
completed within sixty days of the eviction or voluntary
relinquishment of the property by the foreclosed homeowner, the
fair market value shall be determined by an appraisal conducted
within one hundred eighty days of the eviction or voluntary
relinquishment of the property by the foreclosed homeowner
and payment, if required, shall be made to the foreclosed
homeowner, but the fair market value shall be recalculated as
the resale price on resale and an additional payment amount,
if appropriate, based on the resale price, shall be made to
the foreclosed homeowner within fifteen days of resale, and
a detailed accounting of the basis for the payment amount,
or a detailed accounting of the reasons for failure to make
additional payment, shall be made within fifteen days of
resale, including providing written documentation of expenses.
The accounting shall be on a form prescribed by the attorney
general, in consultation with the superintendent of the banking
division of the department of commerce insurance and financial
services, without being subject to the rulemaking procedures
of chapter 17A.
Sec. 2766. Section 714F.9, subsection 1, Code 2023, is
amended to read as follows:
1. Remedies. A violation of this chapter is an unlawful
practice pursuant to section 714.16, and all the remedies of
-1489-section 714.16 are available for such an action. A private
cause of action brought under this chapter by a foreclosed
homeowner is in the public interest. A foreclosed homeowner
may bring an action for a violation of this chapter. If
the court finds a violation of this chapter, the court shall
award to the foreclosed homeowner actual damages, appropriate
equitable relief, and the costs of the action, and shall
award reasonable fees to the foreclosed homeowner’s attorney.
Notwithstanding any other provision of this section, an action
shall not be brought on the basis of a violation of this
chapter except by a foreclosed homeowner against whom the
violation was committed or by the attorney general. This
limitation does not apply to administrative action by the
superintendent of the banking division of the department of
commerce insurance and financial services.
Sec. 2767. REPEAL. Section 524.202, Code 2023, is repealed.
DIVISION XVI
DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
Sec. 2768. Section 7E.5, subsection 1, paragraph n, Code
2023, is amended to read as follows:
n. The department of corrections, created in section
904.102, which has primary responsibility for corrections
administration, corrections institutions, prison industries,
judicial district departments of correctional services and
the development, funding, and monitoring of community-based
corrections programs.
Sec. 2769. Section 8D.2, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. “Public agency” means a state agency, an institution
under the control of the board of regents, the judicial
branch as provided in section 8D.13, subsection 14, a school
corporation, a city library, a county library as provided in
chapter 336, or a judicial district department of correctional
services established in section 905.2, to the extent provided
-1490-in section 8D.13, subsection 12, an agency of the federal
government, or a United States post office which receives a
federal grant for pilot and demonstration projects.
Sec. 2770. Section 80D.1, subsection 1, Code 2023, is
amended to read as follows:
1. The governing body of a city, a county, the state
of Iowa, or a judicial district department of correctional
services the Iowa department of corrections may provide, either
separately or collectively through a chapter 28E agreement, for
the establishment of a force of reserve peace officers, and may
limit the size of the reserve force. In the case of the state,
the department of public safety shall act as the governing
body.
Sec. 2771. Section 80D.6, subsection 1, Code 2023, is
amended to read as follows:
1. Reserve peace officers shall serve as peace officers
on the orders and at the discretion of the chief of police,
sheriff, commissioner of public safety or the commissioner’s
designee, or director of the judicial district department of
correctional services Iowa department of corrections or the
director’s designee, as the case may be.
Sec. 2772. Section 80D.7, Code 2023, is amended to read as
follows:
80D.7 Carrying weapons.
A member of a reserve force shall not carry a weapon in
the line of duty until the member has been approved by the
governing body and certified by the Iowa law enforcement
academy council to carry weapons. After approval and
certification, a reserve peace officer may carry a weapon in
the line of duty only when authorized by the chief of police,
sheriff, commissioner of public safety or the commissioner’s
designee, or director of the judicial district department of
correctional services Iowa department of corrections or the
director’s designee, as the case may be.
Sec. 2773. Section 80D.9, Code 2023, is amended to read as
-1491-follows:
80D.9 Supervision of reserve peace officers.
1. Reserve peace officers shall be subordinate to regular
peace officers, shall not serve as peace officers unless
under the direction of regular peace officers, and shall
wear a uniform prescribed by the chief of police, sheriff,
commissioner of public safety, or director of the judicial
district department of correctional services Iowa department of
corrections unless that superior officer designates alternate
apparel for use when engaged in assignments involving special
investigation, civil process, court duties, jail duties, and
the handling of mental patients. The reserve peace officer
shall not wear an insignia of rank.
2. Each department for which a reserve force is established
shall appoint a certified peace officer as the reserve force
coordinating and supervising officer. A reserve peace
officer force established in a judicial district department of
correctional services by the Iowa department of corrections
must be directly supervised by a certified peace officer who is
on duty. That certified peace officer shall report directly
to the chief of police, sheriff, commissioner of public safety
or the commissioner’s designee, or director of the judicial
district department of correctional services Iowa department of
corrections or the director’s designee, as the case may be.
Sec. 2774. Section 80D.11, Code 2023, is amended to read as
follows:
80D.11 Employee — pay.
While performing official duties, each reserve peace officer
shall be considered an employee of the governing body which the
officer represents and shall be paid a minimum of one dollar
per year. The governing body of a city, a county, the state,
or a judicial district department of correctional services the
Iowa department of corrections may provide additional monetary
assistance for the purchase and maintenance of uniforms and
equipment used by reserve peace officers.
-1492- Sec. 2775. Section 97B.49B, subsection 1, paragraph e,
subparagraph (14), Code 2023, is amended to read as follows:
(14) An employee of a judicial district the Iowa department
of correctional services corrections whose condition of
employment requires the employee to be certified by the Iowa
law enforcement academy and who is required to perform the
duties of a parole officer as provided in section 906.2.
Sec. 2776. Section 97B.49B, subsection 3, paragraph f, Code
2023, is amended by striking the paragraph.
Sec. 2777. Section 331.211, subsection 1, Code 2023, is
amended to read as follows:
1. The board, at its first meeting in each year, shall:
a. Organize by choosing choose one of its members as
chairperson who shall preside at all of its meetings during the
year. The board may also select a vice chairperson who shall
serve during the absence of the chairperson.
b. Choose one of its members to be a member of the board of
directors of the judicial district department of correctional
services as provided in section 905.3, subsection 1, paragraph
“a”, subparagraph (1).
Sec. 2778. Section 331.321, subsection 1, paragraph x, Code
2023, is amended by striking the paragraph.
Sec. 2779. Section 904.108, subsection 1, paragraph l, Code
2023, is amended to read as follows:
l. Adopt rules, policies, and procedures, subject to
the approval of the board, pertaining to community-based
correctional programs, and the supervision of parole and work
release.
Sec. 2780. NEW SECTION. 904.301A Appointment of directors.
The director shall appoint, subject to the approval of the
board, a director for each judicial district department of
correctional services established in section 905.2.
Sec. 2781. Section 905.1, Code 2023, is amended to read as
follows:
905.1 Definitions.
-1493- As used in this chapter, unless the context otherwise
requires:
1. “Administrative agent” means the county selected by the
district board to perform accounting, budgeting, personnel,
facilities management, insurance, payroll and other supportive
services on the behalf of the district board, or the district
department itself, if so designated by the district board.
2. 1. “Community-based correctional program” means
correctional programs and services, under the direction of a
director and the Iowa department of corrections, including
but not limited to an intermediate criminal sanctions program
in accordance with the corrections continuum in section
901B.1, designed to supervise and assist individuals who
are charged with or have been convicted of a felony, an
aggravated misdemeanor or a serious misdemeanor, or who
are on probation or parole in lieu of or as a result of a
sentence of incarceration imposed upon conviction of any
of these offenses, or who are contracted to the district
department for supervision and housing while on work release.
A community-based correctional program shall be designed by a
district department, under the direction and control of the
Iowa department of corrections, in a manner that provides
services in a manner free of disparities based upon an
individual’s race or ethnic origin.
3. 2. “Director” means the director of a judicial district
department of correctional services, appointed by the director
of the Iowa department of corrections, and employed by the Iowa
department of corrections.
4. 3. “District advisory board” means the advisory board
of directors of a judicial district department of correctional
services.
5. 4. “District department” means a judicial district
department of correctional services, under the direction and
control of the Iowa department of corrections, established as
required by section 905.2.
-1494- 6. “Project” means a locally functioning part of a
community-based correctional program, officed and operating in
a physical location separate from the offices of the district
department.
7. “Project advisory committee” means a committee of no more
than seven persons which shall act in an advisory capacity to
the director on matters pertaining to the planning, operation,
and other pertinent functions of each project in the judicial
district. The members of the project advisory committee for
each project shall be initially appointed by the director
from among the general public. Not more than one half of the
project advisory committee shall hold public office or public
employment during membership on the committee. A person who
holds public office as a county supervisor and serves on the
board of directors under section 905.3 shall not be a member of
a project advisory committee under this section. The terms of
the initial members of the project advisory committee shall be
staggered to permit the terms of just over half of the members
to expire in two years and those of the remaining members to
expire in one year. Subsequent appointments to the project
advisory committee shall be by vote of a majority of the whole
project advisory committee for two-year terms.
Sec. 2782. Section 905.2, Code 2023, is amended to read as
follows:
905.2 District departments established.
1. There is established in each judicial district in this
state a public agency to be known as the “........judicial
district department of correctional services.” Each district
department shall furnish or contract for those services
necessary to provide a community-based correctional program
which meets the needs of that judicial district requirements of
the Iowa department of corrections.
2. The district department is under the direction of a
board of directors the Iowa department of corrections, selected
as provided in section 905.3, and shall be administered by a
-1495-director employed by the board Iowa department of corrections.
A district department is a state agency for purposes of chapter
669.
3. All employees of a district department shall be employees
of the Iowa department of corrections.
Sec. 2783. Section 905.3, Code 2023, is amended to read as
follows:
905.3 Board of directors — executive committee District
advisory board — expenses reimbursed.
1. a. The board of directors of A district advisory board
is established for each district department, which shall serve
in an advisory capacity to a director without compensation, and
shall be composed as follows:
(1) One member shall be chosen appointed annually by a
director from and by the board of supervisors of each county
in the judicial district and shall be so designated annually
by the respective boards of supervisors at the organizational
meetings held under section 331.211.
(2) One member shall be chosen from each of the project
advisory committees within the judicial district, which person
shall be designated annually, no later than January 15, by and
from the project advisory committee. However, in lieu of the
designation of project advisory committee members as members of
the district board, the district board may The director shall
on or before December 31 appoint two citizen members to serve
on the district advisory board for the following calendar year.
(3) A number of members equal to the number of authorized
board members from project advisory committees or equal to the
number of citizen members shall be appointed by the chief judge
of the judicial district no later than January 15 of each year
on or before December 31 to serve on the district advisory
board for the following calendar year.
b. Within thirty days after the members of the district
board have been so designated for the year, the district
board shall organize by election of a chairperson, a vice
-1496-chairperson, and members of the executive committee as required
by subsection 2. The district advisory board shall meet at
least not more often than quarterly during the calendar year
but may meet more frequently upon the call of the chairperson
or upon a call signed by a majority, determined by weighted
vote computed as in subsection 4, of the members of the board.
2. Each district board shall have an executive committee
consisting of the chairperson and vice chairperson and at
least one but no more than five other members of the district
board. Either the chairperson or the vice chairperson shall
be a supervisor, and the remaining representation on the
executive committee shall be divided as equally as possible
among supervisor members, project advisory committee members
or citizen members, and judicially appointed members. The
executive committee may exercise all of the powers and
discharge all of the duties of the district board, as
prescribed by this chapter, except those specifically withheld
from the executive committee by action of the district board.
3. 2. The members of the district advisory board and of
the executive committee shall be reimbursed from funds of the
district department for travel and other expenses necessarily
incurred in attending meetings of those bodies, or while
otherwise engaged on business of the district department.
4. Each member of the district board shall have one vote
on the board. However, upon the request of any supervisory
member, the vote on any matter before the board shall be
taken by weighted vote. In each such case, the vote of the
supervisor representative of the least populous county in the
judicial district shall have a weight of one unit, and the vote
of each of the other supervisor members shall have a weight
which bears the same proportion to one unit as the population
of the county that supervisor member represents bears to the
population of the least populous county in the district. In
the event of weighted vote, the vote of each member appointed
from a project advisory committee or of each citizen member and
-1497-of each judicially appointed member shall have a weight of one
unit.
Sec. 2784. Section 905.4, Code 2023, is amended to read as
follows:
905.4 Duties of the district advisory board.
The district advisory board shall:
1. Adopt bylaws and rules for the conduct of its own
business and for the government of the district department’s
community-based correctional program.
2. Employ a director having the qualifications required by
section 905.6 to head the district department’s community-based
correctional program and, within a range established by the
Iowa department of corrections, fix the compensation of and
have control over the director and the district department’s
staff. For purposes of collective bargaining under chapter
20, employees of the district board who are not exempt from
chapter 20 are employees of the state, and the employees of all
of the district boards shall be included within one collective
bargaining unit.
3. Designate one of the counties in the judicial district
to serve as the district department’s administrative agent
to provide, in that capacity, all accounting, personnel,
facilities management and supportive services needed by the
district department, on terms mutually agreeable in regard
to advancement of funds to the county for the added expense
it incurs as a result of being so designated. However, the
district board may designate the district department itself as
the district department’s administrative agent, if the district
board determines that it would be more efficient and less
costly than designating a county as the administrative agent.
4. File with the board of supervisors of each county in the
district and with the Iowa department of corrections, within
ninety days after the close of each fiscal year, a report
covering the district board’s proceedings and a statement of
receipts and expenditures during the preceding fiscal year.
-1498- 5. 2. Arrange for, by contract or on such alternative
basis as may be mutually acceptable, and equip Advise the
director concerning suitable quarters at one or more sites in
the district as may be necessary for the district department’s
community-based correctional program, provided that the
board shall to the greatest extent feasible utilize existing
facilities and shall keep capital expenditures for acquisition,
renovation and repair of facilities to a minimum. The
district board shall not enter into lease-purchase agreements
for the purposes of constructing, renovating, expanding, or
otherwise improving a community-based correctional facility or
office unless express authorization has been granted by the
general assembly, and current funding is adequate to meet the
lease-purchase obligation.
6. Have authority to accept property by gift, devise,
bequest or otherwise and to sell or exchange any property
so accepted and apply the proceeds thereof, or the property
received in exchange therefor, to the purposes enumerated in
subsection 5.
7. 3. Recruit, and promote, accept and use local financial
support for the district department’s community-based
correctional program from private sources such as community
service funds, business, industrial and private foundations,
voluntary agencies and other lawful sources.
8. Accept and expend state and federal funds available
directly to the district department for all or any part of the
cost of its community-based correctional program.
9. Arrange, by contract or on an alternative basis mutually
acceptable, and with approval of the director of the Iowa
department of corrections or that director’s designee for
utilization of existing local treatment and service resources,
including but not limited to employment, job training,
general, special, or remedial education; psychiatric and
marriage counseling; and alcohol and drug abuse treatment and
counseling. It is the intent of this chapter that a district
-1499-board shall approve the development and maintenance of such
resources by its own staff only if the resources are otherwise
unavailable to the district department within reasonable
proximity to the community where these services are needed in
connection with the community-based correctional program.
10. Establish a project advisory committee to act in an
advisory capacity on matters pertaining to the planning,
operation, and other pertinent functions of each project in the
judicial district.
11. Have authority to establish a force of reserve peace
officers, either separately or collectively through a chapter
28E agreement, as provided in chapter 80D.
Sec. 2785. Section 905.6, Code 2023, is amended to read as
follows:
905.6 Duties of director.
The director employed by the district board under section
905.4, subsection 2, Iowa department of corrections shall be
qualified in the administration of correctional programs. The
director shall:
1. Perform the duties and have the responsibilities
delegated by the district board or specified by the Iowa
department of corrections pursuant to this chapter.
2. Manage the district department’s community-based
correctional program, in accordance with the policies of the
district board and the Iowa department of corrections.
3. Employ, with approval of the district board Iowa
department of corrections, and supervise the employees of the
district department, including reserve peace officers, if a
force of reserve peace officers has been established.
4. Prepare all budgets and fiscal documents, and certify
for payment all expenses and payrolls lawfully incurred by
the district department. The director may invest funds which
are not needed for current expenses, jointly with one or more
cities, city utilities, counties, or rural water districts
created under chapter 357A pursuant to a joint investment
-1500-agreement. All investment of funds shall be subject to
sections 12B.10 and 12B.10A and other applicable law.
5. Act as secretary to the district advisory board, prepare
its agenda and record its proceedings. The district shall
provide a copy of minutes from each meeting of the district
advisory board to the legislative services agency.
6. Develop and submit to the district board Iowa department
of corrections a plan for the establishment, implementation,
and operation of a community-based correctional program in that
judicial district, which program conforms to the guidelines
drawn up by the Iowa department of corrections under this
chapter and which conform to rules, policies, and procedures
pertaining to the supervision of parole and work release
adopted by the director of the Iowa department of corrections
concerning the community-based correctional program.
7. Negotiate and, upon approval by the district board
Iowa department of corrections, implement contracts or other
arrangements for utilization of local treatment and service
resources authorized by section 905.4, subsection 9 15.
8. Administer the batterers’ treatment program for domestic
abuse offenders required in section 708.2B.
9. Notify the board of parole, thirty days prior to release,
of the release from a residential facility operated by the
district department of a person serving a sentence under
section 902.12.
10. File with the director of the Iowa department of
corrections, within ninety days after the close of each
fiscal year, a report covering the district advisory board’s
proceedings and a statement of receipts and expenditures during
the preceding fiscal year.
11. Arrange for, upon approval of the Iowa department of
corrections, by contract or on such alternative basis as may
be mutually acceptable, and equip suitable quarters at one or
more sites in the district as may be necessary for the district
department’s community-based correctional program, provided
-1501-that the director shall to the greatest extent feasible utilize
existing facilities and shall keep capital expenditures for
acquisition, renovation, and repair of facilities to a minimum.
The director shall not enter into lease-purchase agreements
for the purposes of constructing, renovating, expanding, or
otherwise improving a community-based correctional facility or
office unless express authorization has been granted by the
general assembly, and current funding is adequate to meet the
lease-purchase obligation.
12. Have authority to accept property by gift, devise,
bequest, or otherwise, and to sell or exchange any property
so accepted and apply the proceeds thereof, or the property
received in exchange therefor, to the purposes enumerated in
subsection 11.
13. Recruit, promote, accept, and use local financial
support for the district department’s community-based
correctional program from private sources such as community
service funds, business, industrial and private foundations,
voluntary agencies, and other lawful sources.
14. Accept and expend state and federal funds available
directly to the district department for all or any part of the
cost of its community-based correctional program.
15. Arrange, by contract or on an alternative basis mutually
acceptable, and with approval of the director of the Iowa
department of corrections or that director’s designee for
utilization of existing local treatment and service resources,
including but not limited to employment, job training,
general, special, or remedial education; psychiatric and
marriage counseling; and substance use disorder treatment and
counseling.
16. Have authority to establish a force of reserve peace
officers, either separately or collectively through a chapter
28E agreement, as provided in chapter 80D.
Sec. 2786. Section 905.9, Code 2023, is amended to read as
follows:
-1502- 905.9 Report of review — sanction.
Upon completion of a review of a district community-based
correctional program, made under section 905.8, the Iowa
department of corrections shall submit its findings to the
district advisory board in writing. If the Iowa department
of corrections concludes that the district department’s
community-based correctional program fails to meet any of the
requirements of this chapter and of the guidelines adopted
under section 905.7, it shall also request in writing a
response to this finding from the district advisory board.
If a response is not received within sixty days after the
date of that request, or if the response is unsatisfactory,
the Iowa department of corrections may call a public hearing
on the matter. If after the hearing, the Iowa department
of corrections is not satisfied that the district’s
community-based correctional program will expeditiously be
brought into compliance with the requirements of this chapter
and of the guidelines adopted under section 905.7, it may
assume responsibility for administration of the district’s
community-based correctional program on an interim basis.
Sec. 2787. REPEAL. Section 905.5, Code 2023, is repealed.
Sec. 2788. TRANSITION PROVISIONS.
1. Any rule promulgated by a district board of a judicial
district department of correctional services as required to
administer and enforce the provisions of chapter 905 shall
continue in full force and effect until amended, repealed, or
supplemented by affirmative action of the Iowa department of
corrections.
2. Any contract entered into by a district board of a
judicial district department of correctional services relating
to the provisions of chapter 905 in effect on the effective
date of this Act shall continue in full force and effect
pending transfer of such contract to the Iowa department of
corrections.
3. Any moneys remaining in any account or fund under the
-1503-control of a district board of a judicial district department
of correctional services on the effective date of this division
of this Act and relating to the provisions of this division of
this Act shall be transferred to a comparable fund or account
under the control of the Iowa department of corrections.
Notwithstanding section 8.33, the moneys transferred in
accordance with this subsection shall not revert to the account
or fund from which appropriated or transferred.
Sec. 2789. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
BOARD MEMBERS. This division of this Act shall not affect the
appointment or term of a member serving on a district board
of a judicial district department of correctional services
immediately prior to the effective date of this division of
this Act.
Sec. 2790. APPLICABILITY — VIOLATION OF CONDITIONS OF
PAROLE OR PROBATION.
1. This division of this Act shall not be construed to
affect a district department, probation officer, or parole
officer’s authority, having probable cause, to arrest a person
on probation or parole that is believed to have violated the
conditions of supervision, consistent with sections 907.2,
907.6, 908.1, and 908.11, and any administrative rules
promulgated thereunder.
2. This division of this Act shall not be construed to
affect a district department’s ability to establish probation
conditions that meet the approval of the chief judge of the
district, consistent with section 907.6 and any administrative
rules promulgated thereunder.
3. This division of this Act shall not be construed to
affect the authority of the board of parole to establish and
approve standard parole conditions.
DIVISION XVII
BOARD OF PAROLE
Sec. 2791. Section 904A.1, Code 2023, is amended to read as
follows:
-1504- 904A.1 Board of parole — organization.
1. The board of parole is created to consist of five
members. Each member, except the chairperson and the vice
chairperson, shall be compensated on a day-to-day basis shall
be appointed by the governor subject to confirmation by the
senate. Each member shall serve a term of four years beginning
and ending as provided by section 69.19, except for members
appointed to fill vacancies who shall serve for the balance
of the unexpired term. The terms shall be staggered. The
chairperson and vice chairperson All members of the board shall
be full-time, salaried members of the board. A majority of the
members of the board constitutes a quorum to transact business.
2. The governor shall appoint a member of the board as
the chairperson of the board, subject to confirmation by the
senate. The appointment as chairperson shall serve at the
pleasure of the governor.
Sec. 2792. Section 904A.6, Code 2023, is amended to read as
follows:
904A.6 Salaries and expenses.
Each member, except the chairperson and the vice
chairperson, of the board shall be paid per diem as determined
by the general assembly. The chairperson and vice chairperson
of the board shall be paid a salary as determined by the
general assembly. Each member of the board and all employees
are entitled to receive, in addition to their per diem or
salary, their necessary maintenance and travel expenses while
engaged in official business.
Sec. 2793. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
are repealed.
Sec. 2794. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
PAROLE MEMBERS. This division of this Act shall not affect the
appointment or term of a member serving on the board of parole
immediately prior to the effective date of this division of
this Act.
DIVISION XVIII
-1505-SALARIES OF APPOINTED STATE OFFICERS
Sec. 2795. APPOINTED STATE OFFICERS — SALARY RANGES.
1. Unless otherwise provided by law, the governor shall
establish a salary for nonelected persons appointed by the
governor within the executive branch of state government.
In establishing a salary for a person holding a position
enumerated in subsection 3 within the range provided, the
governor may consider, among other items, the experience of
the person in the position, changes in the duties of the
position, the incumbent’s performance of assigned duties,
and subordinates’ salaries. However, the attorney general
shall establish the salary of the consumer advocate, the
chief justice of the supreme court shall establish the salary
of the state court administrator, the ethics and campaign
disclosure board shall establish the salary of the executive
director, the Iowa public information board shall establish
the salary of the executive director, the board of regents
shall establish the salary of the executive director, and the
Iowa public broadcasting board shall establish the salary of
the administrator of the public broadcasting division of the
department of education, each within the salary range provided
in subsection 3.
2. A person whose salary is established pursuant to this
section and who is a full-time, year-round employee of the
state shall not receive any other remuneration from the state
or from any other source for the performance of that person’s
duties unless the additional remuneration is first approved by
the governor or authorized by law. However, this subsection
does not apply to reimbursement for necessary travel and
expenses incurred in the performance of duties or fringe
benefits normally provided to employees of the state.
3. a. The following annual salary ranges for appointed
state officers are effective for the positions specified in
this subsection for the fiscal year beginning July 1, 2023,
effective for the pay period beginning June 23, 2023, and
-1506-for subsequent fiscal years until otherwise provided by the
general assembly. The governor or other person designated
in subsection 1 shall determine the salary to be paid to the
person indicated at a rate within the applicable salary range
from moneys appropriated by the general assembly for that
purpose.
SALARY RANGE Minimum Maximum
(1) Range 4 $ 63,690 $ 97,460
(2) Range 5 $ 73,250 $112,070
(3) Range 6 $ 84,240 $128,890
(4) Range 7 $100,840 $154,300
b. The following are range 4 positions: chairperson and
members of the employment appeal board of the department of
inspections, appeals, and licensing, director of the Iowa state
civil rights commission, director of the department for the
blind, executive director of the ethics and campaign disclosure
board, executive director of the Iowa public information board,
and chairperson, vice chairperson, and members of the board of
parole.
c. The following are range 5 positions: state public
defender, labor commissioner, workers’ compensation
commissioner, director of the law enforcement academy, and
executive director of the public employment relations board.
d. The following are range 6 positions: superintendent of
banking, superintendent of credit unions, consumer advocate,
and chairperson and members of the utilities board.
e. The following are range 7 positions: administrator
of the public broadcasting division of the department of
education, executive director of the Iowa telecommunications
and technology commission, executive director of the state
board of regents, lottery administrator of the department of
revenue, and state court administrator.
Sec. 2796. Section 8A.102, subsection 2, Code 2023, is
amended to read as follows:
2. The person appointed as director shall be professionally
-1507-qualified by education and have no less than five years’
experience in the field of management, public or private sector
personnel administration including the application of merit
principles in employment, financial management, and policy
development and implementation. The appointment shall be made
without regard for political affiliation. The director shall
not be a member of any local, state, or national committee
of a political party, an officer or member of a committee in
any partisan political club or organization, or hold or be a
candidate for a paid elective public office. The director is
subject to the restrictions on political activity provided
in section 8A.416. The governor shall set the salary of the
director within pay grade nine.
Sec. 2797. Section 80.2, Code 2023, is amended to read as
follows:
80.2 Commissioner — appointment.
The chief executive officer of the department of public
safety is the commissioner of public safety. The governor
shall appoint, subject to confirmation by the senate, a
commissioner of public safety, who shall be a person of
high moral character, of good standing in the community in
which the commissioner lives, of recognized executive and
administrative capacity, and who shall not be selected on the
basis of political affiliation. The commissioner of public
safety shall devote full time to the duties of this office; the
commissioner shall not engage in any other trade, business, or
profession, nor engage in any partisan or political activity.
The commissioner shall serve at the pleasure of the governor,
at an annual salary as fixed by the general assembly.
Sec. 2798. Section 84A.1, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The governor shall set the salary of the director
within the applicable salary range established by the general
assembly.
Sec. 2799. Section 256.10, subsection 1, Code 2023, is
-1508-amended to read as follows:
1. The salary of the director shall be fixed by the governor
within a range established by the general assembly.
Sec. 2800. Section 307.11, subsection 2, Code 2023, is
amended to read as follows:
2. The director shall receive a salary as fixed by the
governor within a salary range set by the general assembly.
Sec. 2801. Section 455A.3, Code 2023, is amended to read as
follows:
455A.3 Director — qualifications.
The chief administrative officer of the department is
the director who shall be appointed by the governor, subject
to confirmation of the senate, and serve at the governor’s
pleasure. The governor shall make the appointment based on
the appointee’s training, experience, and capabilities. The
director shall be knowledgeable in the general field of natural
resource management and environmental protection. The salary
of the director shall be fixed by the governor within salary
guidelines or a range established by the general assembly.
Sec. 2802. EFFECTIVE DATE. This division of this Act takes
effect June 23, 2023.
DIVISION XIX
BOARDS AND COMMISSIONS
Sec. 2803. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
REPORT.
1. A boards and commissions review committee shall be
established to study the efficiency and effectiveness of each
board, council, commission, committee, or other similar entity
of the state established by the Code. The committee shall
evaluate the extent to which the goals and objectives of those
entities are currently being met and make recommendations for
the continuation, elimination, consolidation, or reorganization
of those entities as needed.
2. The committee shall consist of six voting members and
four ex officio, nonvoting members.
-1509- a. The voting members of the committee shall be composed of
all of the following:
(1) One staff member of the governor’s office, appointed by
the governor.
(2) The administrative rules coordinator or the
coordinator’s designee.
(3) The director of the department of management or the
director’s designee.
(4) The director of the department of inspections, appeals,
and licensing or the director’s designee.
(5) One assistant attorney general, appointed by the
governor upon recommendation of the attorney general.
(6) One member of the public, appointed by the governor.
b. The ex officio, nonvoting members of the committee shall
be two state representatives, one appointed by the speaker of
the house of representatives and one by the minority leader
of the house of representatives, and two state senators, one
appointed by the majority leader of the senate and one by the
minority leader of the senate.
3. The office of the governor shall provide staffing for
the committee. The committee may seek the expertise and
services of individuals or entities outside of its membership
for research, advice, consultation, support, or other needs in
furtherance of its responsibilities.
4. The committee shall submit a report containing its
findings and recommendations to the governor and the general
assembly on or before September 30, 2023.
5. All departments, agencies, boards, councils,
commissions, committees, or other similar entity of the
state established by the Code shall cooperate fully with the
committee in its review process.
6. This section is repealed January 1, 2024.
DIVISION XX
MISCELLANEOUS PROVISIONS
Sec. 2804. IRRECONCILABLE AMENDMENTS. If an amendment
-1510-to a statute in this Act is irreconcilable with an amendment
made to the same statute that is contained in division I of
this Act that implements the transition of the department of
human services and the department of public health into the
department of health and human services as required in 2022
Iowa Acts, chapter 1131, section 51, the amendment to the
statute that is not contained in division I of this Act shall
prevail over and shall be codified instead of the amendment
to the same statute that is contained in division I of this
Act that implements the transition of the department of
human services and the department of public health into the
department of health and human services.
Sec. 2805. TRANSITION PROVISIONS.
1. Administrative rules.
a. Any rule, regulation, form, order, or directive
promulgated by any state agency mentioned in this Act,
including any agency abolished, merged, or altered in this Act,
and in effect on July 1, 2023, shall continue in full force and
effect until amended, repealed, or supplemented by affirmative
action of the appropriate state agency under the duties and
powers of state agencies as established in this Act and under
the procedure established in paragraph “b”, if applicable.
b. In regard to updating references and format in the
Iowa administrative code in order to correspond to the
restructuring of state government as established in this Act,
the administrative rules coordinator and the administrative
rules review committee, in consultation with the administrative
code editor, shall jointly develop a schedule for the necessary
updating of the Iowa administrative code.
2. Legal obligations.
a. Any license or permit issued by any state agency
mentioned in this Act, including any agency abolished, merged,
or altered in this Act, and in effect on July 1, 2023, shall
continue in full force and effect until expiration or renewal.
b. Any loan, grant, or item of value awarded, or contract
-1511-entered into, as of July 1, 2023, by any state agency mentioned
in this Act, including any agency abolished, merged, or altered
in this Act, shall continue in full force and effect pursuant
to the terms of the award of such loan, grant, item of value,
or contract.
3. Funds. Any funds in any account or fund that is
altered in this Act, or of a state agency abolished, merged,
or altered in this Act, shall be transferred to the comparable
fund or account or state agency as provided by this Act.
Notwithstanding section 8.33, moneys transferred in accordance
with this subsection shall not revert to the account or fund
from which appropriated or transferred.
4. Litigation. Any administrative hearing, cause of
action, or statute of limitation relating to a state agency
transferred to another state agency as provided by this Act
shall not be affected as a result of the transfer and such
cause or statute of limitation shall apply to the successor
state agency.
5. Boards and commissions. The holder of any position of
membership on any board, committee, commission, or council in
state government shall continue to hold such position until
the end of the member’s term of office, notwithstanding any
change in the name or organizational location of such board,
committee, commission, or council that is made by this Act.
6. Signs and insignia. Any replacement of signs, logos,
stationery, insignia, uniforms, and related items that is made
due to the effect of this Act should be done as part of the
normal replacement cycle for such items.
Sec. 2806. APPLICABILITY. The transition provisions in
this division of this Act, to the extent not inconsistent with
alternative provisions specifically provided by law or this
Act, shall apply to this Act.
-1512-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 514, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorec/jh/mb
functions of state government, providing for salaries of
appointed state officers, providing for penalties, making
appropriations, providing Code editor directives and
transition provisions, and including applicability and
effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Section 1. Section 2.56, subsection 5, Code 2023, is amended
to read as follows:
5. The legislative services agency, in cooperation with
the division of department of health and human services as the
agency responsible for criminal and juvenile justice planning
of the department of human rights, shall develop a protocol for
analyzing the impact of the legislation on minorities.
Sec. 2. Section 7A.3, subsection 1, paragraph c, Code 2023,
is amended to read as follows:
c. Director of the department of health and human services.
Sec. 3. Section 7A.30, subsection 1, Code 2023, is amended
to read as follows:
1. Each state board, commission, department, and division
of state government and each institution under the control
of the department of health and human services, the Iowa
department of corrections and the state board of regents
and each division of the state department of transportation
are responsible for keeping a written, detailed, up-to-date
inventory of all real and personal property belonging to the
state and under their charge, control, and management. The
inventories shall be in the form prescribed by the director of
the department of administrative services.
Sec. 4. Section 7D.29, subsection 3, Code 2023, is amended
to read as follows:
3. The executive council shall receive requests from the
Iowa department of public health and human services relative
to the purchase, storing, and distribution of vaccines and
medication for prevention, prophylaxis, or treatment. Upon
review and after compliance with subsection 2, the executive
council may approve the request and may authorize payment
of the necessary expense. The expense authorized by the
executive council under this subsection shall be paid from the
appropriations referred to in subsection 1.
-1- Sec. 5. Section 7E.5, subsection 1, paragraphs i, j, k, and
s, Code 2023, are amended to read as follows:
i. The department of health and human services, created in
section 217.1, which has primary responsibility for services
to individuals to promote the well-being and the social and
economic development of the people of the state;.
j. The Iowa department of public health, created in chapter
135, which has primary responsibility for supervision of public
health programs, promotion of public hygiene and sanitation,
treatment and prevention of substance abuse use disorder, and
enforcement of related laws;.
k. The department on aging, created in section 231.21,
which has primary responsibility for leadership and program
management for programs which serve the older individuals of
the state; and for services relating to Latino persons, women,
persons with disabilities, community action agencies, criminal
and juvenile justice planning, African Americans, deaf and
hard-of-hearing persons, persons of Asian and Pacific Islander
heritage, and Native Americans.
s. The department of human rights, created in section
216A.1, which has primary responsibility for services relating
to Latino persons, women, persons with disabilities, community
action agencies, criminal and juvenile justice planning,
African Americans, deaf and hard-of-hearing persons, persons of
Asian and Pacific Islander heritage, and Native Americans.
Sec. 6. Section 8.39, subsection 2, Code 2023, is amended
to read as follows:
2. If the appropriation of a department, institution, or
agency is insufficient to properly meet the legitimate expenses
of the department, institution, or agency, the director, with
the approval of the governor, may make an interdepartmental
transfer from any other department, institution, or agency of
the state having an appropriation in excess of its needs, of
sufficient funds to meet that deficiency. Such transfer shall
be to an appropriation made from the same funding source and
-2-within the same fiscal year. The amount of a transfer made
from an appropriation under this subsection shall be limited
to not more than one-tenth of one percent of the total of all
appropriations made from the funding source of the transferred
appropriation for the fiscal year in which the transfer is
made. An interdepartmental transfer to an appropriation which
is not an entitlement appropriation is not authorized when
the general assembly is in regular session and, in addition,
the sum of interdepartmental transfers in a fiscal year to an
appropriation which is not an entitlement appropriation shall
not exceed fifty percent of the amount of the appropriation
as enacted by the general assembly. For the purposes of
this subsection, an entitlement appropriation is a line item
appropriation to the state public defender for indigent defense
or to the department of health and human services for foster
care, state supplementary assistance, or medical assistance, or
for the family investment program.
Sec. 7. Section 8A.321, subsection 4, Code 2023, is amended
to read as follows:
4. Contract, with the approval of the executive council,
for the repair, remodeling, or, if the condition warrants,
demolition of all buildings and grounds of the state at the
seat of government, at the state laboratories facility in
Ankeny, and the institutions of the department of health and
human services and the department of corrections for which no
specific appropriation has been made, if the cost of repair,
remodeling, or demolition will not exceed one hundred thousand
dollars when completed. The cost of repair projects for which
no specific appropriation has been made shall be paid as an
expense authorized by the executive council as provided in
section 7D.29.
Sec. 8. Section 8A.362, subsection 8, Code 2023, is amended
to read as follows:
8. All fuel used in state-assigned automobiles shall be
purchased at cost from the various installations or garages
-3-of the state department of transportation, state board of
regents, department of health and human services, or state
motor pools throughout the state, unless the state-owned
sources for the purchase of fuel are not reasonably accessible.
If the director determines that state-owned sources for the
purchase of fuel are not reasonably accessible, the director
shall authorize the purchase of fuel from other sources. The
director may prescribe a manner, other than the use of the
revolving fund, in which the purchase of fuel from state-owned
sources is charged to the state agency responsible for the
use of the motor vehicle. The director shall prescribe the
manner in which oil and other normal motor vehicle maintenance
for state-owned motor vehicles may be purchased from private
sources, if they cannot be reasonably obtained from a state
motor pool. The director may advertise for bids and award
contracts in accordance with competitive bidding procedures
for items and services as provided in this subchapter for
furnishing fuel, oil, grease, and vehicle replacement parts for
all state-owned motor vehicles. The director and other state
agencies, when advertising for bids for gasoline, shall also
seek bids for ethanol blended gasoline.
Sec. 9. Section 8A.504, subsection 1, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Any debt, which is assigned to the department of health
and human services, or which is owed to the department of
health and human services for unpaid premiums under section
249A.3, subsection 2, paragraph “a”, subparagraph (1), or
which the child support recovery unit services is otherwise
attempting to collect, or which the foster care recovery unit
services of the department of health and human services is
attempting to collect on behalf of a child receiving foster
care provided by the department of health and human services.
Sec. 10. Section 8A.504, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The collection entity shall establish and maintain a
-4-procedure to set off against any claim owed to a person by a
public agency any liability of that person owed to a public
agency, a support debt being enforced by the child support
recovery unit services pursuant to chapter 252B, or such other
qualifying debt. The procedure shall only apply when at the
discretion of the director it is feasible. The procedure shall
meet the following conditions:
Sec. 11. Section 8A.512, subsection 1, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Claims for medical assistance payments authorized under
chapter 249A are subject to the time limits imposed by rule
adopted by the department of health and human services.
Sec. 12. Section 10A.108, Code 2023, is amended to read as
follows:
10A.108 Improper health and human services entitlement
benefits or provider payments — debt, lien, collection.
1. a. If a person refuses or neglects to repay benefits or
provider payments inappropriately obtained from the department
of health and human services, the amount inappropriately
obtained, including any interest, penalty, or costs attached
to the amount, constitutes a debt and is a lien in favor of the
state upon all property and any rights or title to or interest
in property, whether real or personal, belonging to the person
for the period established in subsection 2, with the exception
of property which is exempt from execution pursuant to chapter
627.
b. A lien under this section shall not attach to any amount
of inappropriately obtained benefits or provider payments, or
portions of the benefits or provider payments, attributable to
errors by the department of health and human services. Liens
shall only attach to the amounts of inappropriately obtained
benefits or provider payments or portions of the benefits or
provider payments which were obtained due to false, misleading,
incomplete, or inaccurate information submitted by a person in
connection with the application for or receipt of benefits or
-5-provider payments.
2. a. The lien attaches at the time the notice of the
lien is filed under subsection 3, and continues for ten years
from that date, unless released or otherwise discharged at an
earlier time.
b. The lien may be extended, within ten years from the
date of attachment, if a person files a notice with the county
recorder or other appropriate county official of the county
in which the property is located at the time of filing the
extension. From the time of the filing of the notice, the lien
period shall be extended for ten years to apply to the property
in the county in which the notice is filed, unless released
or otherwise discharged at an earlier time. The number of
extensions is not limited.
c. The director department shall discharge any lien which is
allowed to lapse and may charge off any account and release the
corresponding lien before the lien has lapsed if the director
department determines, under uniform rules prescribed by the
director, that the account is uncollectible or collection costs
involved would not warrant collection of the amount due.
3. To preserve the lien against subsequent mortgagees,
purchasers, or judgment creditors, for value and without notice
of the lien, on any property located in a county, the director
shall file a notice of the lien with the recorder of the county
in which the property is located at the time of filing of the
notice.
4. The county recorder of each county shall prepare
and maintain in the recorder’s office an index of liens of
debts established based upon benefits or provider payments
inappropriately obtained from and owed the department of health
and human services, containing the applicable entries specified
in sections 558.49 and 558.52, and providing appropriate
columns for all of the following data, under the names of
debtors, arranged alphabetically:
a. The name of the debtor.
-6- b. “State of Iowa, Department of Health and Human Services”
as claimant.
c. The time that the notice of the lien was filed for
recording.
d. The date of notice.
e. The amount of the lien currently due.
f. The date of the assessment.
g. The date of satisfaction of the debt.
h. Any extension of the time period for application of the
lien and the date that the notice for extension was filed.
5. The recorder shall endorse on each notice of lien the day
and time filed for recording and the document reference number,
and shall preserve the notice. The recorder shall index the
notice and shall record the lien in the manner provided for
recording real estate mortgages. The lien is effective from
the time of the indexing.
6. The department shall pay, from moneys appropriated to
the department for this purpose, recording fees as provided in
section 331.604, for the recording of the lien.
7. Upon payment of a debt for which the director department
has filed notice with a county recorder, the director
department shall provide to the debtor a satisfaction of
the debt. The debtor shall be responsible for filing the
satisfaction of the debt with the recorder and the recorder
shall enter the satisfaction on the notice on file in the
recorder’s office.
8. The department of inspections, and appeals, and
licensing, as provided in this chapter and chapter 626, shall
proceed to collect all debts owed the department of health and
human services as soon as practicable after the debt becomes
delinquent. If service has not been made on a distress warrant
by the officer to whom addressed within five days from the
date the distress warrant was received by the officer, the
authorized investigators of the department of inspections, and
appeals, and licensing may serve and make return of the warrant
-7-to the clerk of the district court of the county named in the
distress warrant, and all subsequent procedures shall be in
compliance with chapter 626.
9. The distress warrant shall be in a form as prescribed
by the director, shall be directed to the sheriff of the
appropriate county, and shall identify the debtor, the type
of debt, and the delinquent amount. The distress warrant
shall direct the sheriff to distrain, seize, garnish, or levy
upon, and sell, as provided by law, any real or personal
property belonging to the debtor to satisfy the amount of the
delinquency plus costs. The distress warrant shall also direct
the sheriff to make due and prompt return to the department
or to the district court under chapter 626 of all amounts
collected.
10. The attorney general, upon the request of the director
of inspections, and appeals, and licensing, shall bring an
action, as the facts may justify, without bond, to enforce
payment of any debts under this section, and in the action
the attorney general shall have the assistance of the county
attorney of the county in which the action is pending.
11. The remedies of the state shall be cumulative and no
action taken by the director of inspections, and appeals, and
licensing or attorney general shall be construed to be an
election on the part of the state or any of its officers to
pursue any remedy to the exclusion of any other remedy provided
by law.
Sec. 13. Section 10A.402, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. Investigations and collections relative to the
liquidation of overpayment debts owed to the department of
health and human services. Collection methods include but are
not limited to small claims filings, debt setoff, distress
warrants, and repayment agreements, and are subject to approval
by the department of health and human services.
5. Investigations relative to the administration of the
-8-state supplementary assistance program, the state medical
assistance program, the food stamp supplemental nutrition
assistance program, the family investment program, and any
other state or federal benefit assistance program.
Sec. 14. Section 11.5B, Code 2023, is amended to read as
follows:
11.5B Repayment of audit expenses by state departments and
agencies.
The auditor of state shall be reimbursed by a department
or agency for performing audits or examinations of the
following state departments or agencies, or funds received by
a department or agency:
1. Department of commerce.
2. Department of health and human services.
3. State department of transportation.
4. Iowa department of public health.
5. 4. State board of regents.
6. 5. Department of agriculture and land stewardship.
7. 6. Iowa veterans home.
8. 7. Department of education.
9. 8. Department of workforce development.
10. 9. Department of natural resources.
11. 10. Offices of the clerks of the district court of the
judicial branch.
12. 11. The Iowa public employees’ retirement system.
13. 12. Federal financial assistance, as defined in the
federal Single Audit Act, 31 U.S.C. §7501, et seq., received by
all other departments.
14. 13. Department of administrative services.
15. 14. Office of the chief information officer of the
department of management.
Sec. 15. Section 11.6, subsection 1, paragraph b, Code 2023,
is amended to read as follows:
b. The financial condition and transactions of community
mental health centers organized under chapter 230A, substance
-9-abuse use disorder programs organized under chapter 125, and
community action agencies organized under chapter 216A, shall
be audited at least once each year.
Sec. 16. Section 12.10, Code 2023, is amended to read as
follows:
12.10 Deposits by state officers.
Except as otherwise provided, all elective and appointive
state officers, boards, commissions, and departments shall,
within ten days succeeding the collection, deposit with the
treasurer of state, or to the credit of the treasurer of state
in any depository designated by the treasurer of state, ninety
percent of all fees, commissions, and moneys collected or
received. The balance actually collected in cash, remaining
in the hands of any officer, board, or department shall not
exceed the sum of five thousand dollars and money collected
shall not be held more than thirty days. This section does not
apply to the state fair board, the state board of regents, the
utilities board of the department of commerce, the director of
the department of health and human services, the Iowa finance
authority, or to the funds received by the state racing and
gaming commission under sections 99D.7 and 99D.14.
Sec. 17. Section 12E.3A, subsection 1, Code 2023, is amended
to read as follows:
1. The general assembly reaffirms and reenacts the purposes
stated for the use of moneys deposited in the healthy Iowans
tobacco trust, as the purposes were enacted in 2000 Iowa Acts,
ch.1232, §12, and codified in section 12.65, Code 2007, as
the purposes for the endowment for Iowa’s health account.
The purposes include those purposes related to health care,
substance abuse use disorder treatment and enforcement, tobacco
use prevention and control, and other purposes related to the
needs of children, adults, and families in the state.
Sec. 18. Section 15.102, subsection 12, paragraph b,
subparagraph (1), subparagraph division (d), Code 2023, is
amended to read as follows:
-10- (d) Psychoactive substance abuse use disorders resulting
from current illegal use of drugs.
Sec. 19. Section 15H.1A, Code 2023, is amended to read as
follows:
15H.1A Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Authority” means the economic development authority
created in section 15.105.
2. 1. “Commission” means the Iowa commission on volunteer
service created in section 15H.2.
2. “Department” means the department of health and human
services.
3. “Director” means the director of the authority health and
human services.
Sec. 20. Section 15H.2, subsection 1, Code 2023, is amended
to read as follows:
1. The Iowa commission on volunteer service is created
within the authority department. The governor shall appoint
the commission’s members. The director may employ personnel
as necessary to carry out the duties and responsibilities of
the commission.
Sec. 21. Section 15H.2, subsection 3, paragraph i, Code
2023, is amended to read as follows:
i. Administer the retired and senior volunteer program.
Sec. 22. Section 15H.4, subsection 1, Code 2023, is amended
to read as follows:
1. The authority department shall serve as the lead agency
for administration of the commission. The authority department
may consult with the department of education, the state board
of regents, and the department of workforce development for any
additional administrative support as necessary to fulfill the
duties of the commission. All other state agencies, at the
request of the authority department, shall provide assistance
to the commission to ensure a fully coordinated state effort
-11-for promoting national and community service.
Sec. 23. Section 15H.5, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. Funding for the Iowa summer youth corps program, the
Iowa green corps program established pursuant to section
15H.6, the Iowa reading corps program established pursuant to
section 15H.7, the RefugeeRISE AmeriCorps program established
pursuant to section 15H.8, and the Iowa national service
corps program established pursuant to section 15H.9 shall be
obtained from private sector, and local, state, and federal
government sources, or from other available funds credited
to the community programs account, which shall be created
within the economic development authority department under the
authority of the commission. Moneys available in the account
for a fiscal year are appropriated to the commission to be
used for the programs. The commission may establish an escrow
account within the authority department and obligate moneys
within that escrow account for tuition or program payments to
be made beyond the term of any fiscal year. Notwithstanding
section 12C.7, subsection 2, interest earned on moneys in the
community programs account shall be credited to the account.
Notwithstanding section 8.33, moneys in the community programs
account or escrow account shall not revert to the general fund
but shall remain available for expenditure in future fiscal
years.
Sec. 24. Section 15H.8, Code 2023, is amended to read as
follows:
15H.8 RefugeeRISE AmeriCorps program.
1. a. The commission, in collaboration with the department
of human services, shall establish a Refugee Rebuild,
Integrate, Serve, Empower (RefugeeRISE) AmeriCorps program
to increase community integration and engagement for diverse
refugee communities in rural and urban areas across the state.
b. The commission, in collaboration with the department
of human services, may adopt rules pursuant to chapter 17A to
-12-implement and administer this section.
2. The commission may use moneys in and lawfully available
to the community programs account created in section 15H.5 to
fund the program.
3. The commission shall submit an annual report to the
general assembly and the department of human services relating
to the efficacy of the program.
Sec. 25. Section 15H.10, subsection 6, Code 2023, is amended
to read as follows:
6. Notwithstanding section 8.33, moneys appropriated to
the economic development authority department for allocation
to the commission for purposes of this section that remain
unencumbered or unobligated at the close of a fiscal year
shall not revert but shall remain available to be used for the
purposes designated in this section until the close of the
succeeding fiscal year.
Sec. 26. Section 16.2D, subsection 1, Code 2023, is amended
to read as follows:
1. A council on homelessness is created consisting of twenty
members, eleven of whom are voting members and nine of whom are
nonvoting members. At all times, at least one voting member
shall be a member of a minority group.
Sec. 27. Section 16.2D, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Nine nonvoting Nonvoting agency director members
consisting of all of the following:
(1) The director of the department of education or the
director’s designee.
(2) The director of health and human services or the
director’s designee.
(3) The attorney general or the attorney general’s
designee.
(4) The director of public health or the director’s
designee.
(5) The director of the department on aging or the
-13-director’s designee.
(6) (4) The director of the department of corrections or
the director’s designee.
(7) (5) The director of the department of workforce
development or the director’s designee.
(8) (6) The executive director of the Iowa finance
authority or the executive director’s designee.
(9) (7) The director of the department of veterans affairs
or the director’s designee.
Sec. 28. Section 16.3, subsection 9, Code 2023, is amended
to read as follows:
9. The interest costs paid by group homes of fifteen beds or
less licensed as health care facilities or child foster care
facilities for facility acquisition and indirectly reimbursed
by the department of health and human services through payments
for patients at those facilities who are recipients of medical
assistance or state supplementary assistance are severe drains
on the state’s budget. A reduction in these costs obtained
through financing with tax-exempt revenue bonds would clearly
be in the public interest.
Sec. 29. Section 16.47, subsection 3, Code 2023, is amended
to read as follows:
3. The authority, in cooperation with the department on
aging of health and human services, shall annually allocate
moneys available in the home and community-based services
revolving loan program fund to develop and expand facilities
and infrastructure that provide adult day services, respite
services, congregate meals, and programming space for health
and wellness, health screening, and nutritional assessments
that address the needs of persons with low incomes.
Sec. 30. Section 16.48, subsections 1 and 3, Code 2023, are
amended to read as follows:
1. A transitional housing revolving loan program fund is
created within the authority to further the availability of
affordable housing for parents that are reuniting with their
-14-children while completing or participating in substance abuse
use disorder treatment. The moneys in the fund are annually
appropriated to the authority to be used for the development
and operation of a revolving loan program to provide financing
to construct affordable transitional housing, including through
new construction or acquisition and rehabilitation of existing
housing. The housing provided shall be geographically located
in close proximity to licensed substance abuse use disorder
treatment programs. Preference in funding shall be given to
projects that reunite mothers with the mothers’ children.
3. The authority shall annually allocate moneys available
in the transitional housing revolving loan program fund for the
development of affordable transitional housing for parents that
are reuniting with the parents’ children while completing or
participating in substance abuse use disorder treatment. The
authority shall develop a joint application process for the
allocation of federal low-income housing tax credits and the
funds available under this section. Moneys allocated to such
projects may be in the form of loans, grants, or a combination
of loans and grants.
Sec. 31. Section 16.49, subsection 4, Code 2023, is amended
to read as follows:
4. a. A project shall demonstrate written approval of the
project by the department of health and human services to the
authority prior to application for funding under this section.
b. In order to be approved by the department of health and
human services for application for funding for development of
permanent supportive housing under this section, a project
shall include all of the following components:
(1) Provision of services to any of the following Medicaid
waiver-eligible individuals:
(a) Individuals who are currently underserved in community
placements, including individuals who are physically aggressive
or have behaviors that are difficult to manage or individuals
who meet the psychiatric medical institution for children level
-15-of care.
(b) Individuals who are currently residing in out-of-state
facilities.
(c) Individuals who are currently receiving care in a
licensed health care facility.
(2) A plan to provide each individual with crisis
stabilization services to ensure that the individual’s
behavioral issues are appropriately addressed by the provider.
(3) Policies and procedures that prohibit discharge of the
individual from the waiver services provided by the project
provider unless an alternative placement that is acceptable to
the client or the client’s guardian is identified.
c. In order to be approved by the department of health and
human services for application for funding for development of
infrastructure in which to provide supportive services under
this section, a project shall include all of the following
components:
(1) Provision of services to Medicaid waiver-eligible
individuals who meet the psychiatric medical institution for
children level of care.
(2) Policies and procedures that prohibit discharge of the
individual from the waiver services provided by the project
provider unless an alternative placement that is acceptable to
the client or the client’s guardian is identified.
d. Housing provided through a project under this section is
exempt from the requirements of chapter 135O.
Sec. 32. Section 22.7, subsections 2, 16, 35, 61, and 62,
Code 2023, are amended to read as follows:
2. Hospital records, medical records, and professional
counselor records of the condition, diagnosis, care, or
treatment of a patient or former patient or a counselee or
former counselee, including outpatient. However, confidential
communications between a crime victim and the victim’s
counselor are not subject to disclosure except as provided in
section 915.20A. However, the Iowa department of public health
-16- and human services shall adopt rules which provide for the
sharing of information among agencies and providers concerning
the maternal and child health program including but not limited
to the statewide child immunization information system, while
maintaining an individual’s confidentiality.
16. Information in a report to the Iowa department of public
health and human services, to a local board of health, or to
a local health department, which identifies a person infected
with a reportable disease.
35. Records of the Iowa department of public health and
human services pertaining to participants in the gambling
treatment program except as otherwise provided in this chapter.
61. Records of the department on aging of health and human
services pertaining to clients served by the state office or a
local office of public guardian as defined in section 231E.3.
62. Records maintained by the department on aging of health
and human services or office of long-term care ombudsman that
disclose the identity of a complainant, resident, tenant, or
individual receiving services provided by the department on
aging of health and human services, an area agency on aging,
or the office of long-term care ombudsman, unless disclosure
is otherwise allowed under section 231.42, subsection 12,
paragraph “a”.
Sec. 33. Section 23A.2, subsection 10, paragraph l,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The offering of goods and services to the public as part
of a client training program operated by a state resource
center under the control of the department of health and human
services provided that all of the following conditions are met:
Sec. 34. Section 23A.2, subsection 10, paragraph l,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Any off-campus vocational or employment training
program developed or operated by the department of health and
human services for clients of a state resource center is a
-17-supported vocational training program or a supported employment
program offered by a community-based provider of services or
other employer in the community.
Sec. 35. Section 28M.1, subsection 7, Code 2023, is amended
to read as follows:
7. “Transportation” means the movement of individuals in
a four or more wheeled motorized vehicle designed to carry
passengers, including a car, van, or bus, or the carrying
of individuals upon cars operated upon stationary rails,
between one geographic point and another geographic point.
“Transportation” does not include emergency or incidental
transportation or transportation conducted by the department of
health and human services at its institutions.
Sec. 36. Section 35A.5, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. Coordinate with United States department of veterans
affairs hospitals, health care facilities, and clinics in this
state and the department of public health and human services
to provide assistance to veterans and their families to reduce
the incidence of alcohol and chemical dependency and suicide
among veterans and to make mental health counseling available
to veterans.
Sec. 37. Section 35D.14A, Code 2023, is amended to read as
follows:
35D.14A Volunteer record checks.
1. Persons who are potential volunteers or volunteers in
the Iowa veterans home in a position having direct individual
contact with patients or residents of the home shall be subject
to criminal history and child and dependent adult abuse record
checks in accordance with this section. The Iowa veterans home
shall request that the department of public safety perform the
criminal history check and the record check evaluation system
of the department of health and human services perform child
and dependent adult abuse record checks of the person in this
state and may request these checks in other states.
-18- 2. a. If it is determined that a person has been convicted
of a crime under a law of any state or has a record of
founded child or dependent adult abuse, the person shall not
participate as a volunteer with direct individual contact
with patients or residents of the Iowa veterans home unless
an evaluation has been performed by the department of human
services record check evaluation system to determine whether
the crime or founded child or dependent adult abuse warrants
prohibition of the person’s participation as a volunteer in the
Iowa veterans home. The department of human services record
check evaluation system shall perform such evaluation upon the
request of the Iowa veterans home.
b. In an evaluation, the department of human services
record check evaluation system shall consider the nature and
seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held, the time
elapsed since the commission of the crime or founded child or
dependent adult abuse, the circumstances under which the crime
or founded child or dependent adult abuse was committed, the
degree of rehabilitation, the likelihood that the person will
commit the crime or founded child or dependent adult abuse
again, and the number of crimes or founded child or dependent
adult abuses committed by the person involved.
c. If the department of human services record check
evaluation system performs an evaluation for the purposes of
this section, the department of human services record check
evaluation system has final authority in determining whether
prohibition of the person’s participation as a volunteer is
warranted. The department of human services record check
evaluation system may permit a person who is evaluated to
participate as a volunteer if the person complies with the
department’s record check evaluation system’s conditions
relating to participation as a volunteer which may include
completion of additional training.
Sec. 38. Section 47.7, subsection 2, paragraph a, Code 2023,
-19-is amended to read as follows:
a. On or before January 1, 2006, the state registrar of
voters shall implement in a uniform and nondiscriminatory
manner, a single, uniform, official, centralized, interactive
computerized statewide voter registration file defined,
maintained, and administered at the state level that contains
the name and registration information of every legally
registered voter in the state and assigns a unique identifier
to each legally registered voter in the state. The state voter
registration system shall be coordinated with other agency
databases within the state, including, but not limited to,
state department of transportation driver’s license records,
judicial records of convicted felons and persons declared
incompetent to vote, and Iowa department of public health and
human services records of deceased persons.
Sec. 39. Section 48A.19, subsection 1, Code 2023, is amended
to read as follows:
1. The following state agencies are responsible for voter
registration:
a. All state offices that have direct client contact and
provide applications for public assistance, including but not
limited to offices administering the following programs:
(1) Food stamps The supplemental nutrition assistance
program.
(2) Medical The medical assistance program under chapter
249A.
(3) Iowa The Iowa family investment program.
(4) Special The special supplemental nutrition program for
women, infants, and children.
b. (1) All offices that provide state-funded programs
primarily engaged in providing services to persons with
disabilities, including but not limited to all of the
following:
(a) Department for the blind.
(b) Division of vocational rehabilitation services of the
-20-department of education workforce development.
(c) Office of deaf services of the department of health and
human rights services or its successor agency.
(d) Office of persons with disabilities of the department of
health and human rights services or its successor agency.
(2) An agency designated a voter registration agency
under this paragraph which provides services to persons with
disabilities in their homes shall provide voter registration
services at the clients’ homes.
c. Other federal and state agencies designated to provide
voter registration services include, but are not limited to,
the United States armed forces recruiting offices.
Sec. 40. Section 48A.31, Code 2023, is amended to read as
follows:
48A.31 Deceased persons record.
The state registrar of vital statistics shall transmit
or cause to be transmitted to the state registrar of voters,
once each calendar quarter, a certified list of all persons
seventeen years of age and older in the state whose deaths have
been reported to the bureau state registrar of vital records
of the Iowa department of public health statistics since the
previous list of decedents was certified to the state registrar
of voters. The list shall be submitted according to the
specifications of the state registrar of voters and shall be
transmitted to the state registrar of voters without charge
for production or transmission. The commissioner shall, in
the month following the end of a calendar quarter, run the
statewide voter registration system’s matching program to
determine whether a listed decedent was registered to vote in
the county and shall immediately cancel the registration of any
person named on the list of decedents.
Sec. 41. Section 68B.2, subsection 23, Code 2023, is amended
to read as follows:
23. “Regulatory agency” means the department of agriculture
and land stewardship, department of workforce development,
-21-department of commerce, Iowa department of public health,
department of public safety, department of education, state
board of regents, department of health and human services,
department of revenue, department of inspections and appeals,
department of administrative services, public employment
relations board, state department of transportation, civil
rights commission, department of public defense, department of
homeland security and emergency management, Iowa ethics and
campaign disclosure board, and department of natural resources.
Sec. 42. Section 80.9B, subsections 3 and 7, Code 2023, are
amended to read as follows:
3. The provisions of chapter 141A also do not apply to
the transmission of the same information from either or
both information systems to employees of state correctional
institutions subject to the jurisdiction of the department
of corrections, employees of secure facilities for juveniles
subject to the jurisdiction of the department of health and
human services, and employees of city and county jails, if
those employees have direct physical supervision over inmates
of those facilities or institutions.
7. The commissioner shall develop and establish, in
cooperation with the department of corrections and the
department of public health and human services, training
programs and program criteria for persons receiving human
immunodeficiency virus-related information through the Iowa
criminal justice information system or the national crime
information center system.
Sec. 43. Section 80.28, subsection 2, paragraph a,
subparagraph (6), Code 2023, is amended to read as follows:
(6) One member representing the Iowa department of public
health and human services.
Sec. 44. Section 80B.11C, Code 2023, is amended to read as
follows:
80B.11C Public safety telecommunicator training standards.
The director of the academy, subject to the approval of
-22-the council, in consultation with the Iowa state sheriffs’
and deputies’ association, the Iowa police executive forum,
the Iowa peace officers association, the Iowa state police
association, the Iowa professional fire fighters, the Iowa
emergency medical services association, the joint council of
Iowa fire service organizations, the Iowa department of public
safety, the Iowa chapter of the association of public-safety
communications officials—international, inc., the Iowa chapter
of the national emergency number association, the department
of homeland security and emergency management, and the Iowa
department of public health and human services, shall adopt
rules pursuant to chapter 17A establishing minimum standards
for training of public safety telecommunicators. “Public
safety telecommunicator” means a person who serves as a first
responder by receiving requests for, or by dispatching requests
to, emergency response agencies which include but are not
limited to law enforcement, fire, rescue, and emergency medical
services agencies.
Sec. 45. Section 80E.2, Code 2023, is amended to read as
follows:
80E.2 Drug policy advisory council — membership — duties.
1. An Iowa drug policy advisory council is established which
shall consist of the following seventeen members:
a. The drug policy coordinator director, who shall serve as
chairperson of the council.
b. The director of the department of corrections, or the
director’s designee.
c. The director of the department of education, or the
director’s designee.
d. The director of the department of public health and human
services, or the director’s designee.
e. The commissioner of public safety, or the commissioner’s
designee.
f. The director of the department of human services, or the
director’s designee.
-23- g. The director of the division of criminal and juvenile
justice planning in the department of human rights, or the
division director’s designee.
h. f. The state public defender, or the state public
defender’s designee.
i. g. A prosecuting attorney.
j. h. A certified alcohol and drug counselor.
k. i. A certified substance abuse use disorder prevention
specialist.
l. j. A substance use disorder treatment program director.
m. k. A justice of the Iowa supreme court, or judge, as
designated by the chief justice of the supreme court.
n. l. A member representing the Iowa peace officers
association.
o. m. A member representing the Iowa state police
association.
p. n. A member representing the Iowa state sheriffs’ and
deputies’ association.
q. o. A police chief.
2. The prosecuting attorney, certified alcohol and drug
counselor, certified substance abuse use disorder prevention
specialist, substance use disorder treatment program director,
member representing the Iowa peace officers association,
member representing the Iowa state police association, the
member representing the Iowa state sheriffs’ and deputies’
association, and the member who is a police chief shall be
appointed by the governor, subject to senate confirmation, for
four-year terms beginning and ending as provided in section
69.19. A vacancy on the council shall be filled for the
unexpired term in the same manner as the original appointment
was made.
3. The council shall make policy recommendations to
the appropriate departments concerning the administration,
development, and coordination of programs related to substance
abuse use disorder education, prevention, treatment, and
-24-enforcement.
4. The members of the council shall be reimbursed for actual
and necessary travel and related expenses incurred in the
discharge of official duties. Each member of the council may
also be eligible to receive compensation as provided in section
7E.6.
5. The council shall meet at least semiannually throughout
the year.
6. A majority of the members of the council constitutes a
quorum, and a majority of the total membership of the council
is necessary to act in any matter within the jurisdiction of
the council.
Sec. 46. Section 84A.1A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The nonvoting members of the Iowa workforce development
board shall include the following:
(1) One state senator appointed by the minority leader of
the senate, who shall serve for a term as provided in section
69.16B.
(2) One state representative appointed by the minority
leader of the house of representatives, who shall serve for a
term as provided in section 69.16B.
(3) One president, or the president’s designee, of the
university of northern Iowa, the university of Iowa, or Iowa
state university of science and technology, designated by the
state board of regents on a rotating basis.
(4) One president, or the president’s designee, of an
independent Iowa college, appointed by the Iowa association of
independent colleges and universities.
(5) One president or president’s designee, of a community
college, appointed by the Iowa association of community college
presidents.
(6) One representative of the economic development
authority, appointed by the director.
(7) One representative of the department on aging,
-25-appointed by the director.
(8) (7) One representative of the department of
corrections, appointed by the director.
(9) (8) One representative of the department of health and
human services, appointed by the director.
(10) (9) One representative of the United States department
of labor, office of apprenticeship.
(11) (10) One representative from the largest statewide
public employees’ organization representing state employees.
(12) (11) One representative of a statewide labor
organization representing employees in the construction
industry.
(13) (12) One representative of a statewide labor
organization representing employees in the manufacturing
industry.
Sec. 47. Section 84A.6, subsections 2 and 3, Code 2023, are
amended to read as follows:
2. a. The director of the department of workforce
development, in cooperation with the department of health
and human services, shall provide job placement and training
to persons referred by the department of health and human
services under the promoting independence and self-sufficiency
through employment job opportunities and basic skills program
established pursuant to chapter 239B and the food stamp
supplemental nutrition assistance program employment and
training program.
b. The department of workforce development, in consultation
with the department of health and human services, shall develop
and implement departmental recruitment and employment practices
that address the needs of former and current participants in
the family investment program under chapter 239B.
3. The director of the department of workforce development,
in cooperation with the department of health and human rights
services and the vocational rehabilitation services division
of the department of education workforce development, shall
-26-establish a program to provide job placement and training to
persons with disabilities.
Sec. 48. Section 84A.9, Code 2023, is amended to read as
follows:
84A.9 Statewide mentoring program.
A statewide mentoring program is established to recruit,
screen, train, and match individuals in a mentoring
relationship. The department of workforce development shall
administer the program in collaboration with the departments
of health and human services, and education, and human rights.
The availability of the program is subject to the funding
appropriated for the purposes of the program.
Sec. 49. Section 84A.11, subsection 2, Code 2023, is amended
to read as follows:
2. The department of workforce development shall consult
with the board of nursing, the department of public health
and human services, the department of education, and other
appropriate entities in developing recommendations to determine
options for additional data collection.
Sec. 50. Section 84B.1, Code 2023, is amended to read as
follows:
84B.1 Workforce development system.
The departments of workforce development, education,
health and human services, and corrections, the economic
development authority, the department on aging, the division
of Iowa vocational rehabilitation services of the department
of education workforce development, and the department for
the blind shall collaborate where possible under applicable
state and federal law to align workforce development programs,
services, and activities in an integrated workforce development
system in the state and in each local workforce development
area that is data driven and responsive to the needs of
workers, job seekers, and employers. The departments,
authority, and division shall also jointly establish an
integrated management information system for linking workforce
-27-development programs within local workforce development systems
and in the state.
Sec. 51. Section 84B.2, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The department of workforce development, in consultation
with the departments of education, health and human services,
and corrections, the economic development authority,
the department on aging, the division of Iowa vocational
rehabilitation services of the department of education
workforce development, and the department for the blind
shall establish guidelines for colocating state and federal
employment and training programs in centers providing services
at the local level. The centers shall be known as workforce
development centers. The guidelines shall provide for local
design and operation within the guidelines. The core services
available at a center shall include but are not limited to all
of the following:
Sec. 52. Section 85.38, subsection 4, Code 2023, is amended
to read as follows:
4. Lien for hospital and medical services under chapter
249A. In the event any hospital or medical services as provided
in section 85.27 are paid by the state department of health and
human services on behalf of an employee who is entitled to such
benefits under the provisions of this chapter or chapter 85A or
85B, a lien shall exist as respects the right of such employee
to benefits as described in section 85.27.
Sec. 53. Section 85.60, Code 2023, is amended to read as
follows:
85.60 Injuries while in work-based learning opportunity,
employment training, or evaluation.
A person participating in a work-based learning opportunity
referred to in section 85.61, or receiving earnings while
engaged in employment training or while undergoing an
employment evaluation under the direction of a rehabilitation
facility approved for purchase-of-service contracts or for
-28-referrals by the department of health and human services or the
department of education, who sustains an injury arising out
of and in the course of the work-based learning opportunity
participation, employment training, or employment evaluation
is entitled to benefits as provided in this chapter, chapter
85A, chapter 85B, and chapter 86. Notwithstanding the minimum
benefit provisions of this chapter, a person referred to in
this section and entitled to benefits under this chapter is
entitled to receive a minimum weekly benefit amount for a
permanent partial disability under section 85.34, subsection
2, or for a permanent total disability under section 85.34,
subsection 3, equal to the weekly benefit amount of a person
whose gross weekly earnings are thirty-five percent of the
statewide average weekly wage computed pursuant to section 96.3
and in effect at the time of the injury.
Sec. 54. Section 85.61, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. A rehabilitation facility approved for
purchase-of-service contracts or for referrals by the
department of health and human services or the department of
education.
Sec. 55. Section 85A.11, subsection 2, Code 2023, is amended
to read as follows:
2. The specimens for the tests required by this section
must be taken by a licensed practicing physician or osteopathic
physician, and immediately delivered to the state hygienic
laboratory of the Iowa department of public health at Iowa
City. Each specimen shall be in a container upon which is
plainly printed the name and address of the subject, the date
when the specimen was taken, the name and address of the
subject’s employer, and a certificate by the physician or
osteopathic physician that the physician took the specimen
from the named subject on the date stated over the physician’s
signature and address.
Sec. 56. Section 85A.20, Code 2023, is amended to read as
-29-follows:
85A.20 Investigation.
The workers’ compensation commissioner may designate
the industrial hygiene physician medical director of the
Iowa department of public health and human services and two
physicians selected by the dean of the university of Iowa
college of medicine, from the staff of the college, who shall
be qualified to diagnose and report on occupational diseases.
For the purpose of investigating occupational diseases, the
physicians shall have the use, without charge, of all necessary
laboratory and other facilities of the university of Iowa
college of medicine and of the university hospital at the state
university of Iowa, and of the Iowa department of public health
and human services in performing the physicians’ duties.
Sec. 57. Section 89.4, subsection 1, paragraph h, Code 2023,
is amended to read as follows:
h. Hot water heating boilers used for heating pools or
spas regulated by the department of public health inspections,
appeals, and licensing pursuant to chapter 135I.
Sec. 58. Section 89B.17, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The director of public health and human services, the labor
commissioner, and the director of the department of natural
resources or the director’s designee under written signatures
of all these parties may recommend any of the following
actions:
Sec. 59. Section 92.17, subsection 3, Code 2023, is amended
to read as follows:
3. A child from working in any occupation or business
operated by the child’s parents. For the purposes of this
subsection, “child” and “parents” include a foster child and the
child’s foster parents who are licensed by the department of
health and human services.
Sec. 60. Section 96.3, subsections 9 and 11, Code 2023, are
amended to read as follows:
-30- 9. Child support intercept.
a. An individual filing a claim for benefits under section
96.6, subsection 1, shall, at the time of filing, disclose
whether the individual owes a child support obligation which
is being enforced by the child support recovery unit services
established in section 252B.2. If an individual discloses that
such a child support obligation is owed and the individual is
determined to be eligible for benefits under this chapter,
the department shall notify the child support recovery unit
services of the individual’s disclosure and deduct and withhold
from benefits payable to the individual the amount specified
by the individual.
b. However, if the child support recovery unit services
and an individual owing a child support obligation reach an
agreement to have specified amounts deducted and withheld from
the individual’s benefits and the child support recovery unit
services submits a copy of the agreement to the department, the
department shall deduct and withhold the specified amounts.
c. (1) However, if the department is notified of income
withholding by the child support recovery unit services under
chapter 252D or section 598.22 or 598.23 or if income is
garnisheed by the child support recovery unit services under
chapter 642 and an individual’s benefits are condemned to the
satisfaction of the child support obligation being enforced by
the child support recovery unit services, the department shall
deduct and withhold from the individual’s benefits that amount
required through legal process.
(2) Notwithstanding section 642.2, subsections 2, 3,
6, and 7, which restrict garnishments under chapter 642 to
wages of public employees, the department may be garnisheed
under chapter 642 by the child support recovery unit services
established in section 252B.2, pursuant to a judgment for child
support against an individual eligible for benefits under this
chapter.
(3) Notwithstanding section 96.15, benefits under this
-31-chapter are not exempt from income withholding, garnishment,
attachment, or execution if withheld for or garnisheed by the
child support recovery unit services, established in section
252B.2, or if an income withholding order or notice of the
income withholding order under section 598.22 or 598.23 is
being enforced by the child support recovery unit services to
satisfy the child support obligation of an individual who is
eligible for benefits under this chapter.
d. An amount deducted and withheld under paragraph “a”, “b”,
or “c” shall be paid by the department to the child support
recovery unit services, and shall be treated as if it were paid
to the individual as benefits under this chapter and as if it
were paid by the individual to the child support recovery unit
services in satisfaction of the individual’s child support
obligations.
e. If an agreement for reimbursement has been made, the
department shall be reimbursed by the child support recovery
unit services for the administrative costs incurred by the
department under this section which are attributable to the
enforcement of child support obligations by the child support
recovery unit services.
11. Overissuance of food stamp supplemental nutrition
assistance program benefits. The department shall collect any
overissuance of food stamp supplemental nutrition assistance
program benefits by offsetting the amount of the overissuance
from the benefits payable under this chapter to the individual.
This subsection shall only apply if the department is
reimbursed under an agreement with the department of health and
human services for administrative costs incurred in recouping
the overissuance. The provisions of section 96.15 do not apply
to this subsection.
Sec. 61. Section 97B.49B, subsection 1, paragraph e,
subparagraph (16), Code 2023, is amended to read as follows:
(16) A person employed by the department of health and
human services as a psychiatric security specialist at a civil
-32-commitment unit for sexually violent offenders facility.
Sec. 62. Section 99D.7, subsections 22 and 23, Code 2023,
are amended to read as follows:
22. To cooperate with the gambling treatment program
administered by the Iowa department of public health and human
services to incorporate information regarding the gambling
treatment program and its toll-free telephone number in printed
materials distributed by the commission. The commission may
require licensees to have the information available in a
conspicuous place as a condition of licensure.
23. To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest as
defined in section 99E.1, from advance deposit sports wagering
as defined in section 99F.9, and from the wagering area of
a racetrack enclosure, from the gaming floor, and from the
sports wagering area, as defined in section 99F.1, of all
other licensed facilities under this chapter and chapter 99F
as provided in this subsection. The process shall provide
that an initial request by a person to be voluntarily excluded
shall be for a period of five years or life and any subsequent
request following any five-year period shall be for a period of
five years or life. The process established shall require that
licensees be provided electronic access to names and social
security numbers of persons voluntarily excluded through a
secured interactive internet site maintained by the commission
and information regarding persons voluntarily excluded shall
be disseminated to all licensees under this chapter, chapter
99E, and chapter 99F. The names, social security numbers, and
information regarding persons voluntarily excluded shall be
kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health and human services
-33- on gambling treatment options. The state and any licensee
under this chapter, chapter 99E, or chapter 99F shall not be
liable to any person for any claim which may arise from this
process. In addition to any other penalty provided by law, any
money or thing of value that has been obtained by, or is owed
to, a voluntarily excluded person as a result of wagers made
by the person after the person has been voluntarily excluded
shall be forfeited by the person and shall be credited to the
general fund of the state. The commission shall not initiate
any administrative action or impose penalties on a licensee who
voluntarily reports to the commission activity described in
section 99D.24, subsection 4, paragraph “c”.
Sec. 63. Section 99D.9, subsection 6, paragraph b, Code
2023, is amended to read as follows:
b. A licensee shall not permit a financial institution,
vendor, or other person to dispense cash or credit through an
electronic or mechanical device including but not limited to a
satellite terminal as defined in section 527.2, that is located
in the wagering area. However, this paragraph shall not apply
to cashless wagering systems where a person accesses a cash
account through a mobile application used by the licensee
to conduct cashless wagering. The mobile application shall
include the statewide telephone number authorized by the Iowa
department of public health and human services to provide
problem gambling information and extensive responsible gaming
features in addition to those described in section 99D.7,
subsection 23.
Sec. 64. Section 99E.5, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. Include on the internet site or mobile application used
by the licensee to conduct internet fantasy sports contests the
statewide telephone number authorized by the Iowa department of
public health and human services to provide problem gambling
information and extensive responsible gaming features in
addition to those described in section 99F.4, subsection 22.
-34- Sec. 65. Section 99F.4, subsection 22, Code 2023, is amended
to read as follows:
22. To establish a process to allow a person to be
voluntarily excluded from advance deposit wagering as defined
in section 99D.11, from an internet fantasy sports contest
as defined in section 99E.1, from advance deposit sports
wagering as defined in section 99F.9, from the gaming floor
and sports wagering area of an excursion gambling boat, from
the wagering area, as defined in section 99D.2, and from the
gaming floor and sports wagering area of all other licensed
facilities under this chapter and chapter 99D as provided in
this subsection. The process shall provide that an initial
request by a person to be voluntarily excluded shall be for
a period of five years or life and any subsequent request
following any five-year period shall be for a period of five
years or life. The process established shall require that
licensees be provided electronic access to names and social
security numbers of persons voluntarily excluded through a
secured interactive internet site maintained by the commission
and information regarding persons voluntarily excluded shall
be disseminated to all licensees under this chapter, chapter
99D, and chapter 99E. The names, social security numbers, and
information regarding persons voluntarily excluded shall be
kept confidential unless otherwise ordered by a court or by
another person duly authorized to release such information.
The process established shall also require a person requesting
to be voluntarily excluded be provided information compiled
by the Iowa department of public health and human services
on gambling treatment options. The state and any licensee
under this chapter, chapter 99D, or chapter 99E shall not be
liable to any person for any claim which may arise from this
process. In addition to any other penalty provided by law, any
money or thing of value that has been obtained by, or is owed
to, a voluntarily excluded person as a result of wagers made
by the person after the person has been voluntarily excluded
-35-shall be forfeited by the person and shall be credited to the
general fund of the state. The commission shall not initiate
any administrative action or impose penalties on a licensee who
voluntarily reports to the commission activity described in
section 99F.15, subsection 4, paragraph “n”.
Sec. 66. Section 99F.7, subsection 10, paragraph b, Code
2023, is amended to read as follows:
b. A licensee shall not permit a financial institution,
vendor, or other person to dispense cash or credit through an
electronic or mechanical device including but not limited to
a satellite terminal, as defined in section 527.2, that is
located on the gaming floor. However, this paragraph shall not
apply to cashless wagering systems where a person accesses a
cash account through a mobile application used by the licensee
to conduct cashless wagering. The mobile application shall
include the statewide telephone number authorized by the Iowa
department of public health and human services to provide
problem gambling information and extensive responsible gaming
features in addition to those described in section 99F.4,
subsection 22.
Sec. 67. Section 99F.7A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Include on the internet site or mobile application used
by the licensee to conduct advance deposit sports wagering as
authorized in section 99F.9 the statewide telephone number
authorized by the Iowa department of public health and human
services to provide problem gambling information and extensive
responsible gaming features in addition to those described in
section 99F.4, subsection 22.
Sec. 68. Section 100C.1, subsection 1, Code 2023, is amended
to read as follows:
1. “Alarm system” means a system or portion of a combination
system that consists of components and circuits arranged to
monitor and annunciate the status of a fire alarm, security
alarm, or nurse call or supervisory signal-initiating devices
-36-and to initiate the appropriate response to those signals,
but does not mean any such security system or portion of a
combination system installed in a prison, jail, or detention
facility owned by the state, a political subdivision of the
state, the department of health and human services, or the Iowa
veterans home.
Sec. 69. Section 101C.3, subsection 1, Code 2023, is amended
to read as follows:
1. The Iowa propane education and research council is
established. The council shall consist of ten voting members,
nine of whom represent retail propane marketers and one of whom
shall be the administrator of the division of a representative
of the department of health and human services responsible
for community action agencies of the department of human
rights. Members of the council other than the administrator
representing retail propane marketers shall be appointed by the
fire marshal from a list of nominees submitted by qualified
propane industry organizations by December 15 of each year. A
vacancy in the unfinished term of a council member shall be
filled for the remainder of the term in the same manner as the
original appointment was made. Other than the administrator,
council Council members representing retail propane marketers
shall be full-time employees or owners of a propane industry
business or representatives of an agricultural cooperative
actively engaged in the propane industry. An employee of a
qualified propane industry organization shall not serve as a
member of the council. An officer of the board of directors of
a qualified propane industry organization or propane industry
trade association shall not serve concurrently as a member of
the council. The fire marshal or a designee may serve as an ex
officio, nonvoting member of the council.
Sec. 70. Section 123.47, subsection 4, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) A second offense shall be a simple misdemeanor
punishable by a fine of five hundred dollars. In addition to
-37-any other applicable penalty, the person in violation of this
section shall choose between either completing a substance
abuse use disorder evaluation or the suspension of the person’s
motor vehicle operating privileges for a period not to exceed
one year.
Sec. 71. Section 124.409, subsection 1, Code 2023, is
amended to read as follows:
1. Whenever the court finds that a person who is charged
with a violation of section 124.401 and who consents thereto,
or who has entered a plea of guilty to or been found guilty of
a violation of that section, is addicted to, dependent upon,
or a chronic abuser user of any controlled substance and that
such person will be aided by proper medical treatment and
rehabilitative services, the court may order that the person
be committed as an in-patient or out-patient to a facility
licensed by the Iowa department of public health and human
services for medical treatment and rehabilitative services.
Sec. 72. Section 124.504, subsection 3, Code 2023, is
amended to read as follows:
3. A practitioner engaged in medical practice or research
or the Iowa drug abuse substance use disorder authority or
any program which is licensed by the authority shall not be
required to furnish the name or identity of a patient or
research subject to the board or the department, nor shall the
practitioner or the authority or any program which is licensed
by the authority be compelled in any state or local civil,
criminal, administrative, legislative or other proceedings
to furnish the name or identity of an individual that the
practitioner or the authority or any of its licensed programs
is obligated to keep confidential.
Sec. 73. Section 124.551, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The program shall collect from pharmacies dispensing
information for controlled substances identified pursuant
-38-to section 124.554, subsection 1, paragraph “g”, and from
first responders as defined in section 147A.1, subsection
7, with the exception of emergency medical care providers
as defined in section 147A.1, subsection 4, administration
information for opioid antagonists. The department of public
health and human services shall provide information for the
administration of opioid antagonists to the board as prescribed
by rule for emergency medical care providers as defined in
section 147A.1, subsection 4. The board shall adopt rules
requiring the following information to be provided regarding
the administration of opioid antagonists:
Sec. 74. Section 124.556, Code 2023, is amended to read as
follows:
124.556 Education and treatment.
The program shall include education initiatives and outreach
to consumers, prescribing practitioners, and pharmacists, and
shall also include assistance for identifying substance abuse
use disorder treatment programs and providers. The program
shall also include educational updates and information on
general patient risk factors for prescribing practitioners.
The board and advisory council shall adopt rules, as provided
under section 124.554, to implement this section.
Sec. 75. Section 124E.2, subsections 3 and 8, Code 2023, are
amended to read as follows:
3. “Department” means the department of public health and
human services.
8. “Laboratory” means the state hygienic laboratory
at the university of Iowa in Iowa City or any other
independent medical cannabidiol testing facility accredited
to standard ISO/IEC 17025 by an international organization
for standards-approved accrediting body, with a controlled
substance registration certificate from the United States drug
enforcement administration and a certificate of registration
from the board of pharmacy. For the purposes of this chapter,
an independent laboratory is a laboratory operated by an
-39-entity that has no equity ownership in a medical cannabidiol
manufacturer.
Sec. 76. Section 124E.6, subsection 4, Code 2023, is amended
to read as follows:
4. A medical cannabidiol manufacturer shall contract with
a laboratory to perform spot-check testing of the medical
cannabidiol produced by the medical cannabidiol manufacturer
as provided in section 124E.7. The department shall require
that the laboratory report testing results to the medical
cannabidiol manufacturer and the department as determined by
the department by rule. If a medical cannabidiol manufacturer
contracts with a laboratory other than the state hygienic
laboratory at the university of Iowa in Iowa City, the
department shall approve the laboratory to perform testing
pursuant to this chapter.
Sec. 77. Section 124E.14, Code 2023, is amended to read as
follows:
124E.14 Out-of-state medical cannabidiol dispensaries.
The department of public health shall utilize a request for
proposals process to select and license by December 1, 2017,
up to two out-of-state medical cannabidiol dispensaries from a
bordering state to sell and dispense medical cannabidiol to a
patient or primary caregiver in possession of a valid medical
cannabidiol registration card issued under this chapter.
Sec. 78. Section 125.1, Code 2023, is amended to read as
follows:
125.1 Declaration of policy.
It is the policy of this state:
1. That persons with substance-related disorders a
substance use disorder be afforded the opportunity to
receive quality treatment and directed into rehabilitation
services which will help them resume a socially acceptable and
productive role in society.
2. To encourage substance abuse use disorder education
and prevention efforts and to insure that such efforts are
-40-coordinated to provide a high quality of services without
unnecessary duplication.
3. To insure that substance abuse use disorder programs
are being operated by individuals who are qualified in their
field whether through formal education or through employment
or personal experience.
Sec. 79. Section 125.2, Code 2023, is amended to read as
follows:
125.2 Definitions.
For purposes of this chapter, unless the context clearly
indicates otherwise:
1. “Board” means the state board of health created pursuant
to chapter 136.
2. 1. “Chemical substance” means alcohol, wine, spirits,
and beer as defined in chapter 123 and controlled substances
as defined in section 124.101.
3. 2. “Chief medical officer” means the medical director
in charge of a public or private hospital, or the director’s
physician-designee. This chapter does not negate the
authority otherwise reposed by chapter 226 in the respective
superintendents of the state mental health institutes to make
decisions regarding the appropriateness of admissions or
discharges of patients of those institutes, however, it is
the intent of this chapter that a superintendent who is not a
licensed physician shall be guided in these decisions by the
chief medical officer of the institute.
4. 3. “Clerk” means the clerk of the district court.
4. “Council” means the council on health and human services.
5. “County of residence” means the same as defined in
section 331.394.
6. “Department” means the Iowa department of public health
and human services.
7. “Director” means the director of the Iowa department of
public health and human services.
8. “Facility” means an institution, a detoxification center,
-41-or an installation providing care, maintenance and treatment
for persons with substance-related disorders a substance use
disorder licensed by the department under section 125.13,
hospitals licensed under chapter 135B, or the state mental
health institutes designated by chapter 226.
9. “Incapacitated by a chemical substance” means that a
person, as a result of the use of a chemical substance, is
unconscious or has the person’s judgment otherwise so impaired
that the person is incapable of realizing and making a rational
decision with respect to the need for treatment.
10. “Incompetent person” means a person who has been
adjudged incompetent by a court of law.
11. “Interested person” means a person who, in the
discretion of the court, is legitimately concerned that a
respondent receive substance abuse use disorder treatment
services.
12. “Magistrate” means the same as defined in section 801.4,
subsection 10.
13. “Mental health professional” means the same as defined
in section 228.1.
14. “Psychiatric advanced registered nurse practitioner”
means an individual currently licensed as a registered nurse
under chapter 152 or 152E who holds a national certification in
psychiatric mental health care and who is licensed by the board
of nursing as an advanced registered nurse practitioner.
15. “Respondent” means a person against whom an application
is filed under section 125.75.
16. “Substance-related disorder” “Substance use disorder”
means a diagnosable substance abuse use disorder of sufficient
duration to meet diagnostic criteria specified within the most
current diagnostic and statistical manual of mental disorders
published by the American psychiatric association that results
in a functional impairment.
Sec. 80. Section 125.3, Code 2023, is amended to read as
follows:
-42- 125.3 Substance abuse use disorder program established.
The Iowa department of public health shall develop,
implement, and administer a comprehensive substance abuse use
disorder program pursuant to sections 125.1 and 125.2, this
section, and sections 125.7, 125.9, 125.10, 125.12 through
125.21, 125.25, 125.32 through 125.34, and 125.37 through
125.43.
Sec. 81. Section 125.7, Code 2023, is amended to read as
follows:
125.7 Duties of the board council.
The board council shall:
1. Approve the comprehensive substance abuse use disorder
program, developed by the department pursuant to sections 125.1
through 125.3, this section, and sections 125.9, 125.10, 125.12
through 125.21, 125.25, 125.32 through 125.34, and 125.37
through 125.43.
2. Advise the department on policies governing the
performance of the department in the discharge of any duties
imposed on the department by law.
3. Advise or make recommendations to the governor and the
general assembly relative to substance abuse use disorder
treatment, intervention, education, and prevention programs in
this state.
4. Adopt rules for subsections 1 and 6 and review other
rules necessary to carry out the provisions of this chapter,
subject to review in accordance with chapter 17A.
5. Investigate the work of the department relating to
substance abuse use disorder, and for this purpose the board
council shall have access at any time to all books, papers,
documents, and records of the department.
6. Consider and approve or disapprove all applications
for a license and all cases involving the renewal, denial,
suspension, or revocation of a license.
7. Act as the appeal board regarding funding decisions made
by the department.
-43- Sec. 82. Section 125.9, subsections 1, 2, 4, 5, and 6, Code
2023, are amended to read as follows:
1. Plan, establish and maintain treatment, intervention,
education, and prevention programs as necessary or desirable in
accordance with the comprehensive substance abuse use disorder
program.
2. Make contracts necessary or incidental to the
performance of the duties and the execution of the powers
of the director, including contracts with public and
private agencies, organizations and individuals to pay
them for services rendered or furnished to persons with
substance-related disorders a substance use disorder.
4. Coordinate the activities of the department and
cooperate with substance abuse use disorder programs in
this and other states, and make contracts and other joint or
cooperative arrangements with state, local or private agencies
in this and other states for the treatment of persons with
substance-related disorders a substance use disorder and
for the common advancement of substance abuse use disorder
programs.
5. Require that a written report, in reasonable detail, be
submitted to the director at any time by any agency of this
state or of any of its political subdivisions in respect to any
substance abuse use disorder prevention function, or program
for the benefit of persons who are or have been involved in
substance abuse use disorder, which is being conducted by the
agency.
6. Submit to the governor a written report of the
pertinent facts at any time the director concludes that any
agency of this state or of any of its political subdivisions
is conducting any substance abuse use disorder prevention
function, or program for the benefit of persons who are or have
been involved in substance abuse use disorder in a manner not
consistent with or which impairs achievement of the objectives
of the state plan to combat substance abuse use disorder, and
-44-has failed to effect appropriate changes in the function or
program.
Sec. 83. Section 125.10, Code 2023, is amended to read as
follows:
125.10 Duties of director.
The director shall:
1. Prepare and submit a state plan subject to approval by
the board council and in accordance with 42 U.S.C. §300x-21 et
seq. The state plan shall designate the department as the sole
agency for supervising the administration of the plan.
2. Develop, encourage, and foster statewide, regional,
and local plans and programs for the prevention of substance
misuse use disorder and the treatment of persons with
substance-related disorders a substance use disorder in
cooperation with public and private agencies, organizations and
individuals, and provide technical assistance and consultation
services for these purposes.
3. Coordinate the efforts and enlist the assistance of all
public and private agencies, organizations, and individuals
interested in the prevention of substance misuse use disorder
and the treatment of persons with substance-related disorders a
substance use disorder. The director’s actions to implement
this subsection shall also address the treatment needs of
persons who have a mental illness, an intellectual disability,
brain injury, or other co-occurring condition in addition to a
substance-related substance use disorder.
4. Cooperate with the department of human services and
the Iowa department of public health in establishing and
conducting programs to provide treatment for persons with
substance-related disorders a substance use disorder.
5. Cooperate with the department of education, boards
of education, schools, police departments, courts, and other
public and private agencies, organizations, and individuals
in establishing programs for the prevention of substance
misuse use disorder and the treatment of persons with
-45-substance-related disorders a substance use disorder, and in
preparing relevant curriculum materials for use at all levels
of school education.
6. Prepare, publish, evaluate and disseminate educational
material dealing with the nature and effects of chemical
substances.
7. Develop and implement, as an integral part of treatment
programs, an educational program for use in the treatment
of persons with substance-related disorders a substance use
disorder, which program shall include the dissemination of
information concerning the nature and effects of substances.
8. Organize and implement, in cooperation with local
treatment programs, training programs for all persons engaged
in treatment of persons with substance-related disorders a
substance use disorder.
9. Sponsor and implement research in cooperation with
local treatment programs into the causes and nature of
substance misuse use disorder and treatment of persons with
substance-related disorders a substance use disorder, and serve
as a clearing house for information relating to substance
misuse use disorder.
10. Specify uniform methods for keeping statistical
information by public and private agencies, organizations,
and individuals, and collect and make available relevant
statistical information, including number of persons treated,
frequency of admission and readmission, and frequency and
duration of treatment.
11. Develop and implement, with the counsel and approval
of the board council, the comprehensive plan for treatment
of persons with substance-related disorders a substance use
disorder in accordance with this chapter.
12. Assist in the development of, and cooperate with,
substance abuse use disorder education and treatment programs
for employees of state and local governments and businesses and
industries in the state.
-46- 13. Utilize the support and assistance of interested
persons in the community, particularly persons who are
recovering from substance-related disorders a substance use
disorder to encourage persons with substance-related disorders
a substance use disorder to voluntarily undergo treatment.
14. Cooperate with the commissioner of public safety in
establishing and conducting programs designed to deal with the
problem of persons operating motor vehicles while intoxicated.
15. Encourage general hospitals and other appropriate
health facilities to admit without discrimination persons
with substance-related disorders a substance use disorder
and to provide them with adequate and appropriate treatment.
The director may negotiate and implement contracts with
hospitals and other appropriate health facilities with adequate
detoxification facilities.
16. Encourage all health and disability insurance programs
to include substance-related substance use disorders as covered
illnesses.
17. Review all state health, welfare, education and
treatment proposals to be submitted for federal funding under
federal legislation, and advise the governor on provisions
to be included relating to substance misuse use disorder and
persons with substance-related disorders a substance use
disorder.
Sec. 84. Section 125.12, subsections 1 and 3, Code 2023, are
amended to read as follows:
1. The board council shall review the comprehensive
substance abuse use disorder program implemented by the
department for the treatment of persons with substance-related
disorders a substance use disorder and concerned family
members. Subject to the review of the board council, the
director shall divide the state into appropriate regions
for the conduct of the program and establish standards for
the development of the program on the regional level. In
establishing the regions, consideration shall be given to city
-47-and county lines, population concentrations, and existing
substance abuse use disorder treatment services.
3. The director shall provide for adequate and appropriate
treatment for persons with substance-related disorders a
substance use disorder and concerned family members admitted
under sections 125.33 and 125.34, or under section 125.75,
125.81, or 125.91. Treatment shall not be provided at a
correctional institution except for inmates. A mental health
professional who is employed by a treatment provider under the
program may provide treatment to a person with co-occurring
substance-related substance use and mental health disorders.
Such treatment may also be provided by a person employed by
such a treatment provider who is receiving the supervision
required to meet the definition of mental health professional
but has not completed the supervision component.
Sec. 85. Section 125.13, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Except as provided in subsection 2, a person shall not
maintain or conduct any chemical substitutes or antagonists
program, residential program, or nonresidential outpatient
program, the primary purpose of which is the treatment and
rehabilitation of persons with substance-related disorders a
substance use disorder without having first obtained a written
license for the program from the department.
Sec. 86. Section 125.13, subsection 2, paragraphs a, b, c,
f, i, and j, Code 2023, are amended to read as follows:
a. A hospital providing care or treatment to persons
with substance-related disorders a substance use disorder
licensed under chapter 135B which is accredited by the joint
commission on the accreditation of health care organizations,
the commission on accreditation of rehabilitation facilities,
the American osteopathic association, or another recognized
organization approved by the board council. All survey reports
from the accrediting or licensing body must be sent to the
department.
-48- b. Any practitioner of medicine and surgery or osteopathic
medicine and surgery, in the practitioner’s private practice.
However, a program shall not be exempted from licensing by the
board council by virtue of its utilization of the services of a
medical practitioner in its operation.
c. Private institutions conducted by and for persons who
adhere to the faith of any well recognized church or religious
denomination for the purpose of providing care, treatment,
counseling, or rehabilitation to persons with substance-related
disorders a substance use disorder and who rely solely on
prayer or other spiritual means for healing in the practice of
religion of such church or denomination.
f. Individuals in private practice who are providing
substance abuse use disorder treatment services independent
from a program that is required to be licensed under subsection
1.
i. A substance abuse use disorder treatment program not
funded by the department which is accredited or licensed
by the joint commission on the accreditation of health
care organizations, the commission on the accreditation
of rehabilitation facilities, the American osteopathic
association, or another recognized organization approved by
the board council. All survey reports from the accrediting or
licensing body must be sent to the department.
j. A hospital substance abuse use disorder treatment program
that is accredited or licensed by the joint commission on the
accreditation of health care organizations, the commission on
the accreditation of rehabilitation facilities, the American
osteopathic association, or another recognized organization
approved by the board council. All survey reports for the
hospital substance abuse use disorder treatment program
from the accrediting or licensing body shall be sent to the
department.
Sec. 87. Section 125.14, Code 2023, is amended to read as
follows:
-49- 125.14 Licenses — renewal — fees.
The board council shall consider all cases involving initial
issuance, and renewal, denial, suspension, or revocation
of a license. The department shall issue a license to an
applicant whom the board council determines meets the licensing
requirements of this chapter. Licenses shall expire no
later than three years from the date of issuance and shall be
renewed upon timely application made in the same manner as
for initial issuance of a license unless notice of nonrenewal
is given to the licensee at least thirty days prior to the
expiration of the license. The department shall not charge a
fee for licensing or renewal of programs contracting with the
department for provision of treatment services. A fee may be
charged to other licensees.
Sec. 88. Section 125.14A, Code 2023, is amended to read as
follows:
125.14A Personnel of a licensed program admitting juveniles.
1. If a person is being considered for licensure under this
chapter, or for employment involving direct responsibility for
a child or with access to a child when the child is alone, by
a program admitting juveniles subject to licensure under this
chapter, or if a person will reside in a facility utilized
by such a program, and if the person has been convicted of
a crime or has a record of founded child abuse, the record
check evaluation system of the department of human services
and the program, for an employee of the program, shall perform
an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment, or
residence in the facility. The department of human services
record check evaluation system shall conduct criminal and
child abuse record checks in this state and may conduct these
checks in other states. The evaluation shall be performed in
accordance with procedures adopted for this purpose by the
department of human services.
2. If the department of human services record check
-50-evaluation system determines that a person has committed a
crime or has a record of founded child abuse and is licensed,
employed by a program licensed under this chapter, or resides
in a licensed facility the department record check evaluation
system shall notify the program that an evaluation will be
conducted to determine whether prohibition of the person’s
licensure, employment, or residence is warranted.
3. In an evaluation, the department of human services
record check evaluation system and the program for an employee
of the program shall consider the nature and seriousness of
the crime or founded child abuse in relation to the position
sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which
the crime or founded child abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the
crime or founded child abuse again, and the number of crimes
or founded child abuses committed by the person involved. The
department of human services record check evaluation system
may permit a person who is evaluated to be licensed, employed,
or to reside, or to continue to be licensed, employed, or
to reside in a program, if the person complies with the
department’s record check evaluation system’s conditions
relating to the person’s licensure, employment, or residence,
which may include completion of additional training. For an
employee of a licensee, these conditional requirements shall
be developed with the licensee. The department of human
services record check evaluation system has final authority
in determining whether prohibition of the person’s licensure,
employment, or residence is warranted and in developing any
conditional requirements under this subsection.
4. If the department of human services record check
evaluation system determines that the person has committed a
crime or has a record of founded child abuse which warrants
prohibition of licensure, employment, or residence, the person
shall not be licensed under this chapter to operate a program
-51-admitting juveniles and shall not be employed by a program or
reside in a facility admitting juveniles licensed under this
chapter.
5. In addition to the record checks required under this
section, the department of human services record check
evaluation system may conduct dependent adult abuse record
checks in this state and may conduct these checks in other
states, on a random basis. The provisions of this section,
relative to an evaluation following a determination that a
person has been convicted of a crime or has a record of founded
child abuse, shall also apply to a random check conducted under
this subsection.
6. Beginning July 1, 1994, a A program or facility shall
inform all new applicants for employment of the possibility
of the performance of a record check and shall obtain, from
the applicant, a signed acknowledgment of the receipt of the
information.
7. On or after July 1, 1994, a A program or facility shall
include the following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
Sec. 89. Section 125.15, Code 2023, is amended to read as
follows:
125.15 Inspections.
The department may inspect the facilities and review the
procedures utilized by any chemical substitutes or antagonists
program, residential program, or nonresidential outpatient
program that has as a primary purpose the treatment and
rehabilitation of persons with substance-related disorders a
substance use disorder, for the purpose of ensuring compliance
with this chapter and the rules adopted pursuant to this
chapter. The examination and review may include case record
audits and interviews with staff and patients, consistent with
the confidentiality safeguards of state and federal law.
-52- Sec. 90. Section 125.15A, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department may place an employee or agent to serve as a
monitor in a licensed substance abuse use disorder treatment
program or may petition the court for appointment of a receiver
for a program when any of the following conditions exist:
Sec. 91. Section 125.15A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The board council has suspended, revoked, or refused to
renew the existing license of the program.
Sec. 92. Section 125.16, Code 2023, is amended to read as
follows:
125.16 Transfer of license or change of location prohibited.
A license issued under this chapter may not be transferred,
and the location of the physical facilities occupied or
utilized by any program licensed under this chapter shall not
be changed without the prior written consent of the board
council.
Sec. 93. Section 125.17, Code 2023, is amended to read as
follows:
125.17 License suspension or revocation.
Violation of any of the requirements or restrictions of
this chapter or of any of the rules adopted pursuant to this
chapter is cause for suspension, revocation, or refusal to
renew a license. The director shall at the earliest time
feasible notify a licensee whose license the board council
is considering suspending or revoking and shall inform the
licensee what changes must be made in the licensee’s operation
to avoid such action. The licensee shall be given a reasonable
time for compliance, as determined by the director, after
receiving such notice or a notice that the board council does
not intend to renew the license. When the licensee believes
compliance has been achieved, or if the licensee considers
the proposed suspension, revocation, or refusal to renew
unjustified, the licensee may submit pertinent information to
-53-the board council and the board council shall expeditiously
make a decision in the matter and notify the licensee of the
decision.
Sec. 94. Section 125.18, Code 2023, is amended to read as
follows:
125.18 Hearing before board council.
If a licensee under this chapter makes a written request
for a hearing within thirty days of suspension, revocation,
or refusal to renew a license, a hearing before the board
council shall be expeditiously arranged by the department of
inspections and appeals whose decision is subject to review by
the board council. The board council shall issue a written
statement of the board’s council’s findings within thirty days
after conclusion of the hearing upholding or reversing the
proposed suspension, revocation, or refusal to renew a license.
Action involving suspension, revocation, or refusal to renew a
license shall not be taken by the board council unless a quorum
is present at the meeting. A copy of the board’s council’s
decision shall be promptly transmitted to the affected licensee
who may, if aggrieved by the decision, seek judicial review of
the actions of the board council in accordance with the terms
of chapter 17A.
Sec. 95. Section 125.19, Code 2023, is amended to read as
follows:
125.19 Reissuance or reinstatement.
After suspension, revocation, or refusal to renew a license
pursuant to this chapter, the affected licensee shall not have
the license reissued or reinstated within one year of the
effective date of the suspension, revocation, or expiration
upon refusal to renew, unless the board council orders
otherwise. After that time, proof of compliance with the
requirements and restrictions of this chapter and the rules
adopted pursuant to this chapter must be presented to the board
council prior to reinstatement or reissuance of a license.
Sec. 96. Section 125.20, Code 2023, is amended to read as
-54-follows:
125.20 Rules.
The department shall establish rules pursuant to chapter
17A requiring facilities to use reasonable accounting and
reimbursement systems which recognize relevant cost-related
factors for patients with a substance abuse patients use
disorder. A facility shall not be licensed nor shall any
payment be made under this chapter to a facility which fails
to comply with those rules or which does not permit inspection
by the department or examination of all records, including
financial records, methods of administration, general and
special dietary programs, the disbursement of drugs and methods
of supply, and any other records the department deems relevant
to the establishment of such a system. However, rules issued
pursuant to this paragraph shall not apply to any facility
referred to in section 125.13, subsection 2 or section 125.43.
Sec. 97. Section 125.21, subsection 1, Code 2023, is amended
to read as follows:
1. The board council has exclusive power in this state
to approve and license chemical substitutes and antagonists
programs, and to monitor chemical substitutes and antagonists
programs to ensure that the programs are operating within the
rules adopted pursuant to this chapter. The board council
shall grant approval and license if the requirements of the
rules are met and state funding is not requested. The chemical
substitutes and antagonists programs conducted by persons
exempt from the licensing requirements of this chapter pursuant
to section 125.13, subsection 2, are subject to approval and
licensure under this section.
Sec. 98. Section 125.25, subsection 1, Code 2023, is amended
to read as follows:
1. Before making any allocation of funds to a local
substance abuse use disorder program, the department shall
require a detailed line item budget clearly indicating the
funds received from each revenue source for the fiscal year
-55-for which the funds are requested on forms provided by the
department for each program.
Sec. 99. Section 125.32, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The department shall adopt and may amend and repeal rules
for acceptance of persons into the treatment program, subject
to chapter 17A, considering available treatment resources and
facilities, for the purpose of early and effective treatment
of persons with substance-related disorders a substance
use disorder and concerned family members. In establishing
the rules the department shall be guided by the following
standards:
Sec. 100. Section 125.32A, Code 2023, is amended to read as
follows:
125.32A Discrimination prohibited.
Any substance abuse use disorder treatment program receiving
state funding under this chapter or any other chapter of the
Code shall not discriminate against a person seeking treatment
solely because the person is pregnant, unless the program
in each instance identifies and refers the person to an
alternative and acceptable treatment program for the person.
Sec. 101. Section 125.33, Code 2023, is amended to read as
follows:
125.33 Voluntary treatment of persons with substance-related
disorders a substance use disorder.
1. A person with a substance-related substance use
disorder may apply for voluntary treatment or rehabilitation
services directly to a facility or to a licensed physician and
surgeon or osteopathic physician and surgeon or to a mental
health professional. If the proposed patient is a minor or
an incompetent person, a parent, a legal guardian or other
legal representative may make the application. The licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or any employee or person acting
under the direction or supervision of the physician and
-56-surgeon or osteopathic physician and surgeon, mental health
professional, or facility shall not report or disclose the
name of the person or the fact that treatment was requested
or has been undertaken to any law enforcement officer or law
enforcement agency; nor shall such information be admissible as
evidence in any court, grand jury, or administrative proceeding
unless authorized by the person seeking treatment. If the
person seeking such treatment or rehabilitation is a minor who
has personally made application for treatment, the fact that
the minor sought treatment or rehabilitation or is receiving
treatment or rehabilitation services shall not be reported
or disclosed to the parents or legal guardian of such minor
without the minor’s consent, and the minor may give legal
consent to receive such treatment and rehabilitation.
2. Subject to rules adopted by the department, the
administrator or the administrator’s designee in charge of a
facility may determine who shall be admitted for treatment
or rehabilitation. If a person is refused admission, the
administrator or the administrator’s designee, subject to rules
adopted by the department, shall refer the person to another
facility for treatment if possible and appropriate.
3. A person with a substance-related substance use
disorder seeking treatment or rehabilitation and who is
either addicted to or dependent on a chemical substance may
first be examined and evaluated by a licensed physician and
surgeon or osteopathic physician and surgeon or a mental health
professional who may prescribe, if authorized or licensed
to do so, a proper course of treatment and medication, if
needed. The licensed physician and surgeon or osteopathic
physician and surgeon or mental health professional may further
prescribe a course of treatment or rehabilitation and authorize
another licensed physician and surgeon or osteopathic physician
and surgeon, mental health professional, or facility to
provide the prescribed treatment or rehabilitation services.
Treatment or rehabilitation services may be provided to a
-57-person individually or in a group. A facility providing or
engaging in treatment or rehabilitation shall not report or
disclose to a law enforcement officer or law enforcement
agency the name of any person receiving or engaged in the
treatment or rehabilitation; nor shall a person receiving or
participating in treatment or rehabilitation report or disclose
the name of any other person engaged in or receiving treatment
or rehabilitation or that the program is in existence, to
a law enforcement officer or law enforcement agency. Such
information shall not be admitted in evidence in any court,
grand jury, or administrative proceeding. However, a person
engaged in or receiving treatment or rehabilitation may
authorize the disclosure of the person’s name and individual
participation.
4. If a patient receiving inpatient or residential care
leaves a facility, the patient shall be encouraged to consent
to appropriate outpatient or halfway house treatment. If it
appears to the administrator in charge of the facility that
the patient is a person with a substance-related substance
use disorder who requires help, the director may arrange for
assistance in obtaining supportive services.
5. If a patient leaves a facility, with or against the
advice of the administrator in charge of the facility, the
director may make reasonable provisions for the patient’s
transportation to another facility or to the patient’s home.
If the patient has no home the patient shall be assisted in
obtaining shelter. If the patient is a minor or an incompetent
person, the request for discharge from an inpatient facility
shall be made by a parent, legal guardian, or other legal
representative, or by the minor or incompetent person if the
patient was the original applicant.
6. Any person who reports or discloses the name of a
person receiving treatment or rehabilitation services to a
law enforcement officer or law enforcement agency or any
person receiving treatment or rehabilitation services who
-58-discloses the name of any other person receiving treatment or
rehabilitation services without the written consent of the
person in violation of the provisions of this section shall
upon conviction be guilty of a simple misdemeanor.
Sec. 102. Section 125.34, Code 2023, is amended to read as
follows:
125.34 Treatment and services for persons with
substance-related disorders a substance use disorder due to
intoxication and substance-induced incapacitation.
1. A person with a substance-related substance use disorder
due to intoxication or substance-induced incapacitation may
come voluntarily to a facility for emergency treatment. A
person who appears to be intoxicated or incapacitated by a
substance in a public place and in need of help may be taken
to a facility by a peace officer under section 125.91. If
the person refuses the proffered help, the person may be
arrested and charged with intoxication under section 123.46,
if applicable.
2. If no facility is readily available the person may
be taken to an emergency medical service customarily used
for incapacitated persons. The peace officer in detaining
the person and in taking the person to a facility shall make
every reasonable effort to protect the person’s health and
safety. In detaining the person the detaining officer may take
reasonable steps for self-protection. Detaining a person under
section 125.91 is not an arrest and no entry or other record
shall be made to indicate that the person who is detained has
been arrested or charged with a crime.
3. A person who arrives at a facility and voluntarily
submits to examination shall be examined by a licensed
physician and surgeon or osteopathic physician and surgeon or
mental health professional as soon as possible after the person
arrives at the facility. The person may then be admitted as a
patient or referred to another health facility. The referring
facility shall arrange for transportation.
-59- 4. If a person is voluntarily admitted to a facility, the
person’s family or next of kin shall be notified as promptly
as possible. If an adult patient who is not incapacitated
requests that there be no notification, the request shall be
respected.
5. A peace officer who acts in compliance with this section
is acting in the course of the officer’s official duty and is
not criminally or civilly liable therefor for such acts, unless
such acts constitute willful malice or abuse.
6. If the physician and surgeon or osteopathic physician
and surgeon in charge of the facility determines it is for the
patient’s benefit, the patient shall be encouraged to agree to
further diagnosis and appropriate voluntary treatment.
7. A licensed physician and surgeon or osteopathic
physician and surgeon, mental health professional, facility
administrator, or an employee or a person acting as or on
behalf of the facility administrator, is not criminally or
civilly liable for acts in conformity with this chapter, unless
the acts constitute willful malice or abuse.
Sec. 103. Section 125.37, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding subsection 1, the director may make
available information from patients’ records for purposes of
research into the causes and treatment of substance abuse use
disorder. Information under this subsection shall not be
published in a way that discloses patients’ names or other
identifying information.
Sec. 104. Section 125.39, Code 2023, is amended to read as
follows:
125.39 Eligible entities.
A local governmental unit which is providing funds to a
facility for treatment of substance abuse use disorder may
request from the facility a treatment program plan prior to
authorizing payment of any claims filed by the facility. The
governing body of the local governmental unit may review the
-60-plan, but shall not impose on the facility any requirement
conflicting with the comprehensive treatment program of the
facility.
Sec. 105. Section 125.43, Code 2023, is amended to read as
follows:
125.43 Funding at mental health institutes.
Chapter 230 governs the determination of the costs
and payment for treatment provided to persons with
substance-related disorders a substance use disorderin a
mental health institute under the department of human services,
except that the charges are not a lien on real estate owned
by persons legally liable for support of the person with a
substance-related substance use disorder and the daily per diem
shall be billed at twenty-five percent. The superintendent of
a state hospital mental health institute shall total only those
expenditures which can be attributed to the cost of providing
inpatient treatment to persons with substance-related disorders
a substance use disorder for purposes of determining the daily
per diem. Section 125.44 governs the determination of who is
legally liable for the cost of care, maintenance, and treatment
of a person with a substance-related substance use disorder and
of the amount for which the person is liable.
Sec. 106. Section 125.43A, Code 2023, is amended to read as
follows:
125.43A Prescreening — exception.
Except in cases of medical emergency or court-ordered
admissions, a person shall be admitted to a state mental health
institute for treatment of a substance-related substance use
disorder only after a preliminary intake and assessment by a
department-licensed treatment facility or a hospital providing
care or treatment for persons with substance-related disorders
a substance use disorder licensed under chapter 135B and
accredited by the joint commission on the accreditation of
health care organizations, the commission on accreditation
of rehabilitation facilities, the American osteopathic
-61-association, or another recognized organization approved by
the board council, or by a designee of a department-licensed
treatment facility or a hospital other than a state mental
health institute, which confirms that the admission is
appropriate to the person’s substance-related substance use
disorder service needs. A county board of supervisors may seek
an admission of a patient to a state mental health institute
who has not been confirmed for appropriate admission and the
county shall be responsible for one hundred percent of the cost
of treatment and services of the patient.
Sec. 107. Section 125.44, Code 2023, is amended to read as
follows:
125.44 Agreements with facilities — liability for costs.
1. The director may, consistent with the comprehensive
substance abuse use disorder program, enter into written
agreements with a facility as defined in section 125.2 to pay
for one hundred percent of the cost of the care, maintenance,
and treatment of persons with substance-related disorders a
substance use disorder, except when section 125.43A applies.
All payments for state patients shall be made in accordance
with the limitations of this section. Such contracts shall be
for a period of no more than one year.
2. The contract may be in the form and contain provisions
as agreed upon by the parties. The contract shall provide
that the facility shall admit and treat persons with
substance-related disorders a substance use disorder regardless
of where they have residence. If one payment for care,
maintenance, and treatment is not made by the patient or
those legally liable for the patient, the payment shall be
made by the department directly to the facility. Payments
shall be made each month and shall be based upon the rate of
payment for services negotiated between the department and the
contracting facility. If a facility projects a temporary cash
flow deficit, the department may make cash advances at the
beginning of each fiscal year to the facility. The repayment
-62-schedule for advances shall be part of the contract between the
department and the facility. This section does not pertain to
patients treated at the mental health institutes.
3. If the appropriation to the department is insufficient
to meet the requirements of this section, the department shall
request a transfer of funds and section 8.39 shall apply.
4. The person with a substance-related substance use
disorder is legally liable to the facility for the total amount
of the cost of providing care, maintenance, and treatment for
the person with a substance-related substance use disorder
while a voluntary or committed patient in a facility. This
section does not prohibit any individual from paying any
portion of the cost of treatment.
5. The department is liable for the cost of care, treatment,
and maintenance of persons with substance-related disorders a
substance use disorder admitted to the facility voluntarily or
pursuant to section 125.75, 125.81, or 125.91 or section 321J.3
or 124.409 only to those facilities that have a contract with
the department under this section, only for the amount computed
according to and within the limits of liability prescribed by
this section, and only when the person with a substance-related
substance use disorder is unable to pay the costs and there is
no other person, firm, corporation, or insurance company bound
to pay the costs.
6. The department’s maximum liability for the costs of care,
treatment, and maintenance of persons with substance-related
disorders a substance use disorder in a contracting facility
is limited to the total amount agreed upon by the parties and
specified in the contract under this section.
Sec. 108. Section 125.46, Code 2023, is amended to read as
follows:
125.46 County of residence determined.
The facility shall, when a person with a substance-related
substance use disorder is admitted, or as soon thereafter as
it receives the proper information, determine and enter upon
-63-its records the Iowa county of residence of the person with a
substance-related substance use disorder, or that the person
resides in some other state or country, or that the person is
unclassified with respect to residence.
Sec. 109. Section 125.55, Code 2023, is amended to read as
follows:
125.55 Audits.
All licensed substance abuse use disorder programs are
subject to annual audit either by the auditor of state or in
lieu of an audit by the auditor of state the substance abuse
use disorder program may contract with or employ certified
public accountants to conduct the audit, in accordance with
sections 11.6, 11.14, and 11.19. The audit format shall be
as prescribed by the auditor of state. The certified public
accountant shall submit a copy of the audit to the director. A
licensed substance abuse use disorder program is also subject
to special audits as the director requests. The licensed
substance abuse use disorder program or the department shall
pay all expenses incurred by the auditor of state in conducting
an audit under this section.
Sec. 110. Section 125.58, Code 2023, is amended to read as
follows:
125.58 Inspection — penalties.
1. If the department has probable cause to believe that
an institution, place, building, or agency not licensed as
a substance abuse use disorder treatment and rehabilitation
facility is in fact a substance abuse use disorder treatment
and rehabilitation facility as defined by this chapter, and
is not exempt from licensing by section 125.13, subsection 2,
the board council may order an inspection of the institution,
place, building, or agency. If the inspector upon presenting
proper identification is denied entry for the purpose of making
the inspection, the inspector may, with the assistance of
the county attorney of the county in which the premises are
located, apply to the district court for an order requiring
-64-the owner or occupant to permit entry and inspection of the
premises to determine whether there have been violations
of this chapter. The investigation may include review of
records, reports, and documents maintained by the facility
and interviews with staff members consistent with the
confidentiality safeguards of state and federal law.
2. A person establishing, conducting, managing, or
operating a substance abuse use disorder treatment and
rehabilitation facility without a license is guilty of a
serious misdemeanor. Each day of continued violation after
conviction or notice from the department by certified mail of a
violation shall be considered a separate offense or chargeable
offense. A person establishing, conducting, managing or
operating a substance abuse use disorder treatment and
rehabilitation facility without a license may be temporarily
or permanently restrained therefrom by a court of competent
jurisdiction in an action brought by the state.
3. Notwithstanding the existence or pursuit of any other
remedy, the department may, in the manner provided by law,
maintain an action in the name of the state for injunction or
other process against a person or governmental unit to restrain
or prevent the establishment, conduct, management or operation
of a substance abuse use disorder treatment and rehabilitation
facility without a license.
Sec. 111. Section 125.59, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Of these funds, notwithstanding section 125.13, subsection
1, one-half of the transferred amount shall be used for grants
to counties operating a substance abuse use disorder program
involving only education, prevention, referral or posttreatment
services, either with the counties’ own employees or by
contract with a nonprofit corporation. The grants shall not
annually exceed ten thousand dollars to any one county, subject
to the following conditions:
-65- Sec. 112. Section 125.59, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If the transferred amount for this subsection exceeds
grant requests funded to the ten thousand dollar maximum,
the department of public health may use the remainder for
activities and public information resources that align with
best practices for substance-related substance use disorder
prevention or to increase grants pursuant to subsection 2.
Sec. 113. Section 125.75, subsection 1, Code 2023, is
amended to read as follows:
1. Proceedings for the involuntary commitment or treatment
of a person with a substance-related substance use disorder
to a facility pursuant to this chapter or for the involuntary
hospitalization of a person pursuant to chapter 229 may
be commenced by any interested person by filing a verified
application with the clerk of the district court of the
county where the respondent is presently located or which
is the respondent’s place of residence. The clerk or the
clerk’s designee shall assist the applicant in completing the
application.
Sec. 114. Section 125.75, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) A substance-related substance use disorder as defined
in section 125.2.
Sec. 115. Section 125.80, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. If the report of a court-designated licensed physician
and surgeon or osteopathic physician and surgeon or mental
health professional is to the effect that the respondent is
not a person with a substance-related substance use disorder,
the court, without taking further action, shall terminate the
proceeding and dismiss the application on its own motion and
without notice.
4. If the report of a court-designated licensed physician
and surgeon or osteopathic physician and surgeon or mental
-66-health professional is to the effect that the respondent is a
person with a substance-related substance use disorder, the
court shall schedule a commitment hearing as soon as possible.
The hearing shall be held not more than forty-eight hours
after the report is filed, excluding Saturdays, Sundays, and
holidays, unless an extension for good cause is requested
by the respondent, or as soon thereafter as possible if the
court considers that sufficient grounds exist for delaying the
hearing.
Sec. 116. Section 125.81, subsection 1, Code 2023, is
amended to read as follows:
1. If a person filing an application requests that a
respondent be taken into immediate custody, and the court upon
reviewing the application and accompanying documentation, finds
probable cause to believe that the respondent is a person with
a substance-related substance use disorder who is likely to
injure the person or other persons if allowed to remain at
liberty, the court may enter a written order directing that
the respondent be taken into immediate custody by the sheriff,
and be detained until the commitment hearing, which shall
be held no more than five days after the date of the order,
except that if the fifth day after the date of the order is
a Saturday, Sunday, or a holiday, the hearing may be held on
the next business day. The court may order the respondent
detained for the period of time until the hearing is held, and
no longer except as provided in section 125.88, in accordance
with subsection 2, paragraph “a”, if possible, and if not, then
in accordance with subsection 2, paragraph “b”, or, only if
neither of these alternatives is available in accordance with
subsection 2, paragraph “c”.
Sec. 117. Section 125.81, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. In the nearest facility which is licensed to care for
persons with mental illness or substance abuse use disorder,
provided that detention in a jail or other facility intended
-67-for confinement of those accused or convicted of a crime shall
not be ordered.
Sec. 118. Section 125.82, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. The person who filed the application and a licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or certified alcohol and drug
counselor certified by the nongovernmental Iowa board of
substance abuse certification who has examined the respondent
in connection with the commitment hearing shall be present
at the hearing, unless the court for good cause finds that
their presence or testimony is not necessary. The applicant,
respondent, and the respondent’s attorney may waive the
presence or telephonic appearance of the licensed physician
and surgeon or osteopathic physician and surgeon, mental
health professional, or certified alcohol and drug counselor
who examined the respondent and agree to submit as evidence
the written report of the licensed physician and surgeon or
osteopathic physician and surgeon, mental health professional,
or certified alcohol and drug counselor. The respondent’s
attorney shall inform the court if the respondent’s attorney
reasonably believes that the respondent, due to diminished
capacity, cannot make an adequately considered waiver decision.
“Good cause” for finding that the testimony of the licensed
physician and surgeon or osteopathic physician and surgeon,
mental health professional, or certified alcohol and drug
counselor who examined the respondent is not necessary may
include, but is not limited to, such a waiver. If the court
determines that the testimony of the licensed physician and
surgeon or osteopathic physician and surgeon, mental health
professional, or certified alcohol and drug counselor is
necessary, the court may allow the licensed physician and
surgeon or osteopathic physician and surgeon, mental health
professional, or certified alcohol and drug counselor to
testify by telephone. The respondent shall be present at the
-68-hearing unless prior to the hearing the respondent’s attorney
stipulates in writing that the attorney has conversed with the
respondent, and that in the attorney’s judgment the respondent
cannot make a meaningful contribution to the hearing, or that
the respondent has waived the right to be present, and the
basis for the attorney’s conclusions. A stipulation to the
respondent’s absence shall be reviewed by the court before the
hearing, and may be rejected if it appears that insufficient
grounds are stated or that the respondent’s interests would not
be served by the respondent’s absence.
4. The respondent’s welfare is paramount, and the hearing
shall be tried as a civil matter and conducted in as informal a
manner as is consistent with orderly procedure. The hearing
may be held by video conference at the discretion of the
court. Discovery as permitted under the Iowa rules of civil
procedure is available to the respondent. The court shall
receive all relevant and material evidence, but the court is
not bound by the rules of evidence. A presumption in favor of
the respondent exists, and the burden of evidence and support
of the contentions made in the application shall be upon the
person who filed the application. If upon completion of the
hearing the court finds that the contention that the respondent
is a person with a substance-related substance use disorder has
not been sustained by clear and convincing evidence, the court
shall deny the application and terminate the proceeding.
Sec. 119. Section 125.83, Code 2023, is amended to read as
follows:
125.83 Placement for evaluation.
If upon completion of the commitment hearing, the court
finds that the contention that the respondent is a person with
a substance-related substance use disorder has been sustained
by clear and convincing evidence, the court shall order the
respondent placed at a facility or under the care of a suitable
facility on an outpatient basis as expeditiously as possible
for a complete evaluation and appropriate treatment. The
-69-court shall furnish to the facility at the time of admission
or outpatient placement, a written statement of facts setting
forth the evidence on which the finding is based. The
administrator of the facility shall report to the court no
more than fifteen days after the individual is admitted to or
placed under the care of the facility, which shall include the
chief medical officer’s recommendation concerning treatment
of a substance-related substance use disorder. An extension
of time may be granted for a period not to exceed seven days
upon a showing of good cause. A copy of the report shall be
sent to the respondent’s attorney who may contest the need
for an extension of time if one is requested. If the request
is contested, the court shall make an inquiry as it deems
appropriate and may either order the respondent released
from the facility or grant an extension of time for further
evaluation. If the administrator fails to report to the court
within fifteen days after the individual is admitted to the
facility, and no extension of time has been requested, the
administrator is guilty of contempt and shall be punished
under chapter 665. The court shall order a rehearing on the
application to determine whether the respondent should continue
to be held at the facility.
Sec. 120. Section 125.83A, subsection 1, Code 2023, is
amended to read as follows:
1. If upon completion of the commitment hearing, the court
finds that the contention that the respondent is a person with
a substance-related substance use disorder has been sustained
by clear and convincing evidence, and the court is furnished
evidence that the respondent is eligible for care and treatment
in a facility operated by the United States department of
veterans affairs or another agency of the United States
government and that the facility is willing to receive the
respondent, the court may so order. The respondent, when so
placed in a facility operated by the United States department
of veterans affairs or another agency of the United States
-70-government within or outside of this state, shall be subject to
the rules of the United States department of veterans affairs
or other agency, but shall not lose any procedural rights
afforded the respondent by this chapter. The chief officer
of the facility shall have, with respect to the respondent
so placed, the same powers and duties as the chief medical
officer of a hospital in this state would have in regard to
submission of reports to the court, retention of custody,
transfer, convalescent leave, or discharge. Jurisdiction
is retained in the court to maintain surveillance of the
respondent’s treatment and care, and at any time to inquire
into the respondent’s condition and the need for continued care
and custody.
Sec. 121. Section 125.84, Code 2023, is amended to read as
follows:
125.84 Evaluation report.
The facility administrator’s report to the court of the
chief medical officer’s substance abuse use disorder evaluation
of the respondent shall be made no later than the expiration of
the time specified in section 125.83. At least two copies of
the report shall be filed with the clerk, who shall distribute
the copies in the manner described by section 125.80,
subsection 2. The report shall state one of the four following
alternative findings:
1. That the respondent does not, as of the date of the
report, require further treatment for substance abuse use
disorder. If the report so states, the court shall order the
respondent’s immediate release from involuntary commitment and
terminate the proceedings.
2. That the respondent is a person with a substance-related
substance use disorder who is in need of full-time custody,
care, and treatment in a facility, and is considered likely
to benefit from treatment. If the report so states, the
court shall enter an order which may require the respondent’s
continued placement and commitment to a facility for
-71-appropriate treatment.
3. That the respondent is a person with a substance-related
substance use disorder who is in need of treatment, but does
not require full-time placement in a facility. If the report
so states, the report shall include the chief medical officer’s
recommendation for treatment of the respondent on an outpatient
or other appropriate basis, and the court shall enter an order
which may direct the respondent to submit to the recommended
treatment. The order shall provide that if the respondent
fails or refuses to submit to treatment, as directed by the
court’s order, the court may order that the respondent be
taken into immediate custody as provided by section 125.81
and, following notice and hearing held in accordance with
the procedures of sections 125.77 and 125.82, may order the
respondent treated as a patient requiring full-time custody,
care, and treatment as provided in subsection 2, and may order
the respondent involuntarily committed to a facility.
4. That the respondent is a person with a substance-related
substance use disorder who is in need of treatment, but in
the opinion of the chief medical officer is not responding to
the treatment provided. If the report so states, the report
shall include the facility administrator’s recommendation for
alternative placement, and the court shall enter an order
which may direct the respondent’s transfer to the recommended
placement or to another placement after consultation with the
respondent’s attorney and the facility administrator who made
the report under this subsection.
Sec. 122. Section 125.85, subsection 1, Code 2023, is
amended to read as follows:
1. A respondent committed under section 125.84, subsection
2, shall remain in the custody of a facility for treatment
for a period of thirty days, unless sooner discharged. The
department is not required to pay the cost of any medication or
procedure provided to the respondent during that period which
is not necessary or appropriate to the specific objectives
-72-of detoxification and treatment of substance abuse use
disorder. At the end of the thirty-day period, the respondent
shall be discharged automatically unless the administrator
of the facility, before expiration of the period, obtains a
court order for the respondent’s recommitment pursuant to an
application under section 125.75, for a further period not to
exceed ninety days.
Sec. 123. Section 125.91, Code 2023, is amended to read as
follows:
125.91 Emergency detention.
1. The procedure prescribed by this section shall only
be used for a person with a substance-related substance
use disorder due to intoxication or substance-induced
incapacitation who has threatened, attempted, or inflicted
physical self-harm or harm on another, and is likely to inflict
physical self-harm or harm on another unless immediately
detained, or who is incapacitated by a substance, if an
application has not been filed naming the person as the
respondent pursuant to section 125.75 and the person cannot be
ordered into immediate custody and detained pursuant to section
125.81.
2. a. A peace officer who has reasonable grounds to believe
that the circumstances described in subsection 1 are applicable
may, without a warrant, take or cause that person to be taken
to the nearest available facility referred to in section
125.81, subsection 2, paragraph “b” or “c”. Such a person with
a substance-related substance use disorder due to intoxication
or substance-induced incapacitation who also demonstrates
a significant degree of distress or dysfunction may also
be delivered to a facility by someone other than a peace
officer upon a showing of reasonable grounds. Upon delivery
of the person to a facility under this section, the attending
physician and surgeon or osteopathic physician and surgeon may
order treatment of the person, but only to the extent necessary
to preserve the person’s life or to appropriately control
-73-the person’s behavior if the behavior is likely to result in
physical injury to the person or others if allowed to continue.
The peace officer or other person who delivered the person to
the facility shall describe the circumstances of the matter to
the attending physician and surgeon or osteopathic physician
and surgeon. If the person is a peace officer, the peace
officer may do so either in person or by written report.
b. If the attending physician and surgeon or osteopathic
physician and surgeon has reasonable grounds to believe that
the circumstances in subsection 1 are applicable, the facility
shall have the authority to detain the person for a period of
no longer than twelve hours. Within twelve hours of detaining
a person pursuant to this section, the attending physician
shall communicate with the nearest available magistrate.
c. Once contacted pursuant to paragraph “b”, the magistrate
shall, based upon the circumstances described by the attending
physician and surgeon or osteopathic physician and surgeon,
give the attending physician and surgeon or osteopathic
physician and surgeon oral instructions either directing that
the person be released forthwith, or authorizing the person’s
detention in an appropriate facility. The magistrate may also
give oral instructions and order that the detained person be
transported to an appropriate facility.
d. If the magistrate orders that the person be detained, the
magistrate shall, by the close of business on the next working
day, file a written order with the clerk in the county where it
is anticipated that an application may be filed under section
125.75. The order may be filed by facsimile if necessary. The
order shall state the circumstances under which the person was
taken into custody or otherwise brought to a facility and the
grounds supporting the finding of probable cause to believe
that the person is a person with a substance-related substance
use disorder likely to result in physical injury to the person
or others if not detained. The order shall confirm the oral
order authorizing the person’s detention including any order
-74-given to transport the person to an appropriate facility. The
clerk shall provide a copy of that order to the attending
physician and surgeon or osteopathic physician and surgeon at
the facility to which the person was originally taken, any
subsequent facility to which the person was transported, and
to any law enforcement department or ambulance service that
transported the person pursuant to the magistrate’s order.
3. The attending physician and surgeon or osteopathic
physician and surgeon shall examine and may detain the person
pursuant to the magistrate’s order for a period not to exceed
forty-eight hours from the time the order is dated, excluding
Saturdays, Sundays, and holidays, unless the order is dismissed
by a magistrate. The facility may provide treatment which is
necessary to preserve the person’s life or to appropriately
control the person’s behavior if the behavior is likely to
result in physical injury to the person or others if allowed
to continue or is otherwise deemed medically necessary by
the attending physician and surgeon or osteopathic physician
and surgeon or mental health professional, but shall not
otherwise provide treatment to the person without the person’s
consent. The person shall be discharged from the facility and
released from detention no later than the expiration of the
forty-eight-hour period, unless an application for involuntary
commitment is filed with the clerk pursuant to section 125.75.
The detention of a person by the procedure in this section, and
not in excess of the period of time prescribed by this section,
shall not render the peace officer, attending physician and
surgeon or osteopathic physician and surgeon, or facility
detaining the person liable in a criminal or civil action
for false arrest or false imprisonment if the peace officer,
attending physician and surgeon or osteopathic physician
and surgeon, mental health professional, or facility had
reasonable grounds to believe that the circumstances described
in subsection 1 were applicable.
4. The cost of detention in a facility under the procedure
-75-prescribed in this section shall be paid in the same way as if
the person had been committed to the facility pursuant to an
application filed under section 125.75.
Sec. 124. Section 125.93, Code 2023, is amended to read as
follows:
125.93 Commitment records — confidentiality.
Records of the identity, diagnosis, prognosis, or treatment
of a person which are maintained in connection with the
provision of substance abuse use disorder treatment services
are confidential, consistent with the requirements of section
125.37, and with the federal confidentiality regulations
authorized by the federal Drug Abuse Office and Treatment Act,
42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
U.S.C. §290dd-2. However, such records may be disclosed to an
employee of the department of corrections, if authorized by the
director of the department of corrections, or to an employee
of a judicial district department of correctional services, if
authorized by the director of the judicial district department
of correctional services.
Sec. 125. Section 135.1, Code 2023, is amended to read as
follows:
135.1 Definitions.
For the purposes of chapter 155 and Title IV, subtitle 2,
excluding chapter 146, unless otherwise defined:
1. “Director” shall mean means the director of public health
and human services.
2. “Health officer” means the physician, physician
assistant, advanced registered nurse practitioner, or advanced
practice registered nurse who is the health officer of the
local board of health.
3. “Local board” shall mean means the local board of health.
4. “Physician” means a person licensed to practice
medicine and surgery, osteopathic medicine and surgery,
chiropractic, podiatry, or optometry under the laws of this
-76-state; but a person licensed as a physician and surgeon shall
be designated as a “physician” or “surgeon”, a person licensed
as an osteopathic physician and surgeon shall be designated
as an “osteopathic physician” or “osteopathic surgeon”, a
person licensed as a chiropractor shall be designated as a
“chiropractor”, a person licensed as a podiatrist shall be
designated as a “podiatric physician”, and a person licensed
as an optometrist shall be designated as an “optometrist”. A
definition or designation contained in this subsection shall
not be interpreted to expand the scope of practice of such
licensees.
5. “Rules” shall include regulations and orders.
6. “State department” or “department” shall mean means the
Iowa department of public health and human services.
Sec. 126. Section 135.11, Code 2023, is amended to read as
follows:
135.11 Duties Public health duties of department.
The director of public health shall be the head of the “Iowa
Department of Public Health”, which department shall:
1. Exercise general supervision over the public health,
promote public hygiene and sanitation, prevent substance abuse
use disorder and unless otherwise provided, enforce the laws
relating to the same.
2. Conduct campaigns for the education of the people in
hygiene and sanitation.
3. Issue monthly health bulletins containing fundamental
health principles and other health data deemed of public
interest.
4. Make investigations and surveys in respect to the
causes of disease and epidemics, and the effect of locality,
employment, and living conditions upon the public health. For
this purpose the department may use the services of the experts
connected with the state hygienic laboratory at the state
university of Iowa.
5. Establish stations throughout the state for the
-77-distribution of antitoxins and vaccines to physicians,
druggists pharmacists, and other persons, at cost. All
antitoxin and vaccine thus distributed shall be labeled “Iowa
Department of Public Health and Human Services”.
6. Exercise general supervision over the administration and
enforcement of the sexually transmitted diseases and infections
law, chapter 139A, subchapter II.
7. Exercise sole jurisdiction over the disposal and
transportation of the dead bodies of human beings and prescribe
the methods to be used in preparing such bodies for disposal
and transportation. However, the department may approve
a request for an exception to the application of specific
embalming and disposition rules adopted pursuant to this
subsection if such rules would otherwise conflict with tenets
and practices of a recognized religious denomination to which
the deceased individual adhered or of which denomination the
deceased individual was a member. The department shall inform
the board of mortuary science of any such approved exception
which may affect services provided by a funeral director
licensed pursuant to chapter 156.
8. Establish, publish, and enforce rules which require
companies, corporations, and other entities to obtain a permit
from the department prior to scattering cremated human remains.
9. Exercise general supervision over the administration and
enforcement of the vital statistics law, chapter 144.
10. Enforce the law relative to chapter 146 and
“Health-related Professions”, Title IV, subtitle 3, excluding
chapter 155.
11. Establish and maintain divisions as are necessary
for the proper enforcement of the laws administered by the
department.
12. Establish, publish, and enforce rules not inconsistent
with law for the enforcement of the provisions of chapter 125
and 155, and Title IV, subtitle 2, excluding chapter 146 and
for the enforcement of the various laws, the administration and
-78-supervision of which are imposed upon the department.
13. 10. Administer healthy aging and essential public
health services by approving grants of state funds to the local
boards of health for the purposes of promoting healthy aging
throughout the lifespan and enhancing health promotion and
disease prevention services, and by providing guidelines for
the approval of the grants and allocation of the state funds.
Guidelines, evaluation requirements and formula allocation
procedures for the services shall be established by the
department by rule.
14. 11. Administer chapters 125, 136A, 136C, 139A, 142,
142A, 144, and 147A.
15. Issue an annual report to the governor as provided in
section 7E.3, subsection 4.
16. 12. Consult with the office of statewide clinical
education programs at the university of Iowa college of
medicine and annually submit a report to the general assembly
by January 15 verifying the number of physicians in active
practice in Iowa by county who are engaged in providing
obstetrical care. To the extent data are readily available,
the report shall include information concerning the number
of deliveries per year by specialty and county, the age of
physicians performing deliveries, and the number of current
year graduates of the university of Iowa college of medicine
and the Des Moines university — osteopathic medical center
entering into residency programs in obstetrics, gynecology,
and family practice. The report may include additional
data relating to access to obstetrical services that may be
available.
17. 13. Administer the statewide maternal and child health
program and the program for children with disabilities by
conducting mobile and regional child health specialty clinics
and conducting other activities to improve the health of
low-income women and children and to promote the welfare of
children with actual or potential conditions which may cause
-79-disabilities and children with chronic illnesses in accordance
with the requirements of Tit.V of the federal Social Security
Act. The department shall provide technical assistance to
encourage the coordination and collaboration of state agencies
in developing outreach centers which provide publicly supported
services for pregnant women, infants, and children. The
department shall also, through cooperation and collaborative
agreements with the department of human services and the
mobile and regional child health specialty clinics, establish
common intake proceedings for maternal and child health
services. The department shall work in cooperation with the
legislative services agency in monitoring the effectiveness of
the maternal and child health centers, including the provision
of transportation for patient appointments and the keeping of
scheduled appointments.
18. 14. Establish, publish, and enforce rules requiring
prompt reporting of methemoglobinemia, pesticide poisoning, and
the reportable poisonings and illnesses established pursuant
to section 139A.21.
19. 15. Collect and maintain reports of pesticide
poisonings and other poisonings, illnesses, or injuries
caused by selected chemical or physical agents,
including methemoglobinemia and pesticide and fertilizer
hypersensitivity; and compile and publish, annually, a
statewide and county-by-county profile based on the reports.
20. 16. Adopt rules which require personnel of a licensed
hospice, of a homemaker-home health aide provider agency
which receives state homemaker-home health aide funds, or of
an agency which provides respite care services and receives
funds to complete training concerning blood-borne pathogens,
including human immunodeficiency virus and viral hepatitis,
consistent with standards from the federal occupational safety
and health administration.
21. 17. Adopt rules which require all emergency medical
services personnel, fire fighters, and law enforcement
-80-personnel to complete training concerning blood-borne
pathogens, including human immunodeficiency virus and
viral hepatitis, consistent with standards from the federal
occupational safety and health administration.
22. 18. Adopt rules which provide for the testing of a
convicted or alleged offender for the human immunodeficiency
virus pursuant to sections 915.40 through 915.43. The rules
shall provide for the provision of counseling, health care, and
support services to the victim.
23. 19. Establish ad hoc and advisory committees to the
director in areas where technical expertise is not otherwise
readily available. Members may be compensated for their actual
and necessary expenses incurred in the performance of their
duties. To encourage health consumer participation, public
members may also receive a per diem as specified in section
7E.6 if funds are available and the per diem is determined
to be appropriate by the director. Expense moneys paid to
the members shall be paid from funds appropriated to the
department. A majority of the members of such a committee
constitutes a quorum.
24. 20. Administer annual grants to county boards of health
for the purpose of conducting programs for the testing of
private water supply wells, the closing of abandoned private
water supply wells, and the renovation or rehabilitation of
private water supply wells. Grants shall be funded through
moneys transferred to the department from the agriculture
management account of the groundwater protection fund pursuant
to section 455E.11, subsection 2, paragraph “b”, subparagraph
(2), subparagraph division (b). The department shall adopt
rules relating to the awarding of the grants.
25. 21. Establish and administer, if sufficient funds
are available to the department, a program to assess and
forecast health workforce supply and demand in the state for
the purpose of identifying current and projected workforce
needs. The program may collect, analyze, and report data that
-81-furthers the purpose of the program. The program shall not
release information that permits identification of individual
respondents of program surveys.
26. 22. In consultation with the advisory committee for
perinatal guidelines, develop and maintain the statewide
perinatal program based on the recommendations of the American
academy of pediatrics and the American college of obstetricians
and gynecologists contained in the most recent edition of
the guidelines for perinatal care, and shall adopt rules in
accordance with chapter 17A to implement those recommendations.
Hospitals within the state shall determine whether to
participate in the statewide perinatal program, and select the
hospital’s level of participation in the program. A hospital
having determined to participate in the program shall comply
with the guidelines appropriate to the level of participation
selected by the hospital. Perinatal program surveys and
reports are privileged and confidential and are not subject to
discovery, subpoena, or other means of legal compulsion for
their release to a person other than the affected hospital, and
are not admissible in evidence in a judicial or administrative
proceeding other than a proceeding involving verification of
the participating hospital under this subsection.
27. 23. In consultation with the department of corrections,
the antibiotic resistance task force, and the American
federation of state, county and municipal employees, develop
educational programs to increase awareness and utilization of
infection control practices in institutions listed in section
904.102.
28. 24. Administer the Iowa youth survey, in collaboration
with other state agencies, as appropriate, every two years to
students in grades six, eight, and eleven in Iowa’s public
and nonpublic schools. Survey data shall be evaluated and
reported, with aggregate data available online at the Iowa
youth survey internet site.
Sec. 127. Section 135.14, Code 2023, is amended to read as
-82-follows:
135.14 State public health dental director — duties program.
1. The position of state public health dental director is
established within the department.
2. The dental director department shall perform all of the
following duties:
a. 1. Plan and direct all work activities of the statewide
public health dental program.
b. 2. Develop comprehensive dental initiatives for
prevention activities.
c. 3. Evaluate the effectiveness of the statewide public
health dental program and of program personnel.
d. Manage the oral and health delivery systems bureau
including direction, supervision, and fiscal management of
bureau staff.
e. 4. Other related work as required.
Sec. 128. Section 135.15, Code 2023, is amended to read as
follows:
135.15 Oral and health delivery systems bureau established —
responsibilities.
An oral and health delivery systems bureau is established
within the division of health promotion and chronic disease
prevention of the department. The bureau department shall be
responsible for all of the following:
1. Providing population-based oral health services,
including public health training, improvement of dental support
systems for families, technical assistance, awareness-building
activities, and educational services, at the state and local
level to assist Iowans in maintaining optimal oral health
throughout all stages of life.
2. Performing infrastructure building and enabling services
through the administration of state and federal grant programs
targeting access improvement, prevention, and local oral
health programs utilizing maternal and child health programs,
Medicaid, and other new or existing programs.
-83- 3. Leveraging federal, state, and local resources for
programs under the purview of the bureau department.
4. Facilitating ongoing strategic planning and application
of evidence-based research in oral health care policy
development that improves oral health care access and the
overall oral health of all Iowans.
5. Developing and implementing an ongoing oral health
surveillance system for the evaluation and monitoring of
the oral health status of children and other underserved
populations.
6. Facilitating the provision of oral health services
through dental homes. For the purposes of this section,
“dental home” means a network of individualized care based on
risk assessment, which includes oral health education, dental
screenings, preventive services, diagnostic services, treatment
services, and emergency services.
Sec. 129. Section 135.16A, subsection 2, Code 2023, is
amended to read as follows:
2. a. The department of inspections and appeals shall
assist the Iowa department of public health in adopting rules
necessary to implement and administer this section.
b. If necessary to implement, administer, and enforce this
section, the Iowa department of public health, in cooperation
with the department of agriculture and land stewardship, shall
submit a request to the United States department of agriculture
for a waiver or other exception from regulations as deemed
feasible by the Iowa department of public health. The Iowa
department of public health shall regularly report the status
of such request to the legislative services agency.
Sec. 130. Section 135.22A, subsection 2, Code 2023, is
amended to read as follows:
2. The advisory council on brain injuries is established.
The following persons or their designees shall serve as ex
officio, nonvoting members of the council:
a. The director of public health and human services or the
-84-director’s designee.
b. The director of human services and any division
administrators of the department of human services so assigned
by the director.
c. b. The director of the department of education.
d. c. The chief of the special education bureau of the
department of education.
e. d. The administrator of the division of vocational
rehabilitation services of the department of education
workforce development.
f. e. The director of the department for the blind.
Sec. 131. Section 135.22B, subsections 1, 2, 6, and 7, Code
2023, are amended to read as follows:
1. Definitions. For the purposes of this section:,
a. “Brain injury services waiver” “brain injury services
waiver” means the state’s medical assistance home and
community-based services waiver for persons with brain injury
implemented under chapter 249A.
b. “Program administrator” means the division of the
department designated to administer the brain injury services
program in accordance with subsection 2.
2. Program created.
a. A brain injury services program is created and shall be
administered by a division of the Iowa department of public
health in cooperation with counties and the department of human
services.
b. The division of the department assigned to administer the
advisory council on brain injuries under section 135.22A shall
be the program administrator. The division department’s duties
shall include but are not limited to serving as the fiscal
agent and contract administrator for the program and providing
program oversight.
c. The division department shall consult with the advisory
council on brain injuries, established pursuant to section
135.22A, regarding the program and shall report to the council
-85-concerning the program at least quarterly. The council shall
make recommendations to the department concerning the program’s
operation.
6. Cost-share requirements.
a. The cost-share component’s financial eligibility
requirements shall be established in administrative rule. In
establishing the requirements, the department shall consider
the eligibility and cost-share requirements used for the hawk-i
Hawki program under chapter 514I.
b. An individual’s cost-share responsibility for services
under the cost-share component shall be determined on a
sliding scale based upon the individual’s family income. An
individual’s cost-share shall be assessed as a copayment, which
shall not exceed thirty percent of the cost payable for the
service.
c. The service provider shall bill the department for the
portion of the cost payable for the service that is not covered
by the individual’s copayment responsibility.
7. Application process.
a. The application materials for services under the
cost-share component of the brain injury services program
shall use the application form and other materials of the
brain injury services waiver. In order to apply for the brain
injury services program, the applicant must authorize the
department of human services to provide the applicant’s waiver
application materials to the brain injury services program.
The application materials provided shall include but are not
limited to the waiver application and any denial letter,
financial assessment, and functional assessment regarding the
person.
b. If a functional assessment for the waiver has not
been completed due to a person’s financial ineligibility for
the waiver, the brain injury services program may provide
for a functional assessment to determine the person’s needs
by reimbursing the department of human services for the
-86-assessment.
c. The program administrator department shall file copies
of the individual’s application and needs assessment with the
program resource facilitator assigned to the individual’s
geographic area.
d. The department’s program administrator department shall
make a final determination as to whether program funding will
be authorized under the cost-share component.
Sec. 132. Section 135.24, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department, in consultation with the department of human
services, shall adopt rules to implement the volunteer health
care provider program which shall include the following:
Sec. 133. Section 135.24A, Code 2023, is amended to read as
follows:
135.24A Free clinics — volunteer record check.
1. For purposes of this section, “free clinic” means a free
clinic as defined in section 135.24 that is also a network
of free clinics in this state that offers operational and
collaborative opportunities to free clinics.
2. Persons who are potential volunteers or volunteers in
a free clinic in a position having direct individual contact
with patients of the free clinic shall be subject to criminal
history and child and dependent adult abuse record checks in
accordance with this section. The free clinic shall request
that the department of public safety perform the criminal
history check and the record check evaluation system of the
department of health and human services perform child and
dependent adult abuse record checks of the person in this state
and may request these checks in other states.
3. A free clinic subject to this section shall establish
an evaluation process to determine whether a crime of founded
child or dependent adult abuse warrants prohibition of the
person’s participation as a volunteer in the free clinic.
The evaluation process shall not be less stringent than
-87-the evaluation process performed by the department of human
services record check evaluation system and shall be approved
by the department of human services.
Sec. 134. Section 135.25, Code 2023, is amended to read as
follows:
135.25 Emergency medical services fund.
An emergency medical services fund is created in the state
treasury under the control of the department. The fund
includes, but is not limited to, amounts appropriated by the
general assembly, amounts transferred pursuant to section
602.8108, subsection 4, and other moneys available from
federal or private sources which are to be used for purposes
of this section. Funds remaining in the fund at the end of
each fiscal year shall not revert to the general fund of the
state but shall remain in the emergency medical services fund,
notwithstanding section 8.33. The fund is established to
assist counties by matching, on a dollar-for-dollar basis,
moneys spent by a county for the acquisition of equipment for
the provision of emergency medical services and by providing
grants to counties for education and training in the delivery
of emergency medical services, as provided in this section and
section 422D.6. A county seeking matching funds under this
section shall apply to the emergency medical services division
of the department. The department shall adopt rules concerning
the application and awarding process for the matching funds and
the criteria for the allocation of moneys in the fund if the
moneys are insufficient to meet the emergency medical services
needs of the counties. Moneys allocated by the department to a
county for emergency medical services purposes may be used for
equipment or training and education as determined by the board
of supervisors pursuant to section 422D.6.
Sec. 135. Section 135.36, Code 2023, is amended to read as
follows:
135.36 Interference with health department officer —
penalties.
-88- Any person resisting or interfering with the department, its
employees, or authorized agents, in the discharge of any duty
imposed by law shall be guilty of a simple misdemeanor.
Sec. 136. Section 135.39, Code 2023, is amended to read as
follows:
135.39 Federal aid.
The state department of public health is hereby authorized
to may accept financial aid from the government of the United
States for the purpose of assisting in carrying on public
health or substance abuse use disorder responsibility in the
state of Iowa.
Sec. 137. Section 135.39B, subsection 3, Code 2023, is
amended to read as follows:
3. The prohibition under this section shall not apply to
early childhood immunizations for influenza or in times of
emergency or epidemic as determined by the director of public
health. If an emergency or epidemic is determined to exist
by the director of public health under this subsection, the
director of public health shall notify the state board of
council on health and human services, the governor, and the
legislative council, and shall notify the public upon request.
Sec. 138. Section 135.39E, Code 2023, is amended to read as
follows:
135.39E Fluoridation in public water supply — notice of
discontinuance.
1. At least ninety days prior to taking any action to
permanently discontinue fluoridation in its water supply, an
owner or operator of a public water supply system, as defined
in section 455B.171, shall provide notice to the oral and
health delivery systems bureau established in section 135.15
department and the public water supply system’s customers.
2. In order to provide notice to its customers, the owner or
operator of the public water supply system shall place a notice
on each customer’s water bill or provide notice in a way that
is reasonably calculated so that all customers will receive the
-89-notice.
3. Section 135.38 does not apply to violations of this
section.
Sec. 139. Section 135.43, Code 2023, is amended to read as
follows:
135.43 Iowa child death review team established — duties.
1. An Iowa child death review team is established as part
of the office of the state medical examiner in the department.
The office of the state medical examiner department shall
provide staffing and administrative support to the team.
2. The membership of the review team is subject to the
provisions of sections 69.16 and 69.16A, relating to political
affiliation and gender balance. Review team members who
are not designated by another appointing authority shall be
appointed by the state medical examiner director. Membership
terms shall be for three years. A membership vacancy shall be
filled in the same manner as the original appointment. The
review team shall elect a chairperson and other officers as
deemed necessary by the review team. The review team shall
meet upon the call of the state medical examiner director or as
determined by the review team. The review team shall include
the following:
a. The state medical examiner or the state medical
examiner’s designee.
b. A certified or licensed professional who is knowledgeable
concerning sudden infant death syndrome.
c. A pediatrician who is knowledgeable concerning deaths of
children.
d. A family practice physician who is knowledgeable
concerning deaths of children.
e. One mental health professional who is knowledgeable
concerning deaths of children.
f. One social worker who is knowledgeable concerning deaths
of children.
g. A certified or licensed professional who is knowledgeable
-90-concerning domestic violence.
h. A professional who is knowledgeable concerning substance
abuse use disorder.
i. A local law enforcement official.
j. A county attorney.
k. An emergency room nurse who is knowledgeable concerning
the deaths of children.
l. A perinatal expert.
m. A representative of the health insurance industry.
n. One other member who is appointed at large.
3. The review team shall perform the following duties:
a. Collect, review, and analyze child death certificates and
child death data, including patient records or other pertinent
confidential information concerning the deaths of children
under age eighteen, and other information as the review team
deems appropriate for use in preparing an annual report to the
governor and the general assembly concerning the causes and
manner of child deaths. The report shall include analysis of
factual information obtained through review and recommendations
regarding prevention of child deaths.
b. Recommend to the governor and the general assembly
interventions to prevent deaths of children based on an
analysis of the cause and manner of such deaths.
c. Recommend to the agencies represented on the review team
changes which may prevent child deaths.
d. Except as authorized by this section, maintain the
confidentiality of any patient records or other confidential
information reviewed.
e. Recommend to the department of human services,
appropriate law enforcement agencies, and any other person
involved with child protection, interventions that may prevent
harm to a child who is related to or is living in the same home
as a child whose case is reviewed by the team.
f. If the sharing of information is necessary to assist in
or initiate a child death investigation or criminal prosecution
-91-and the office or agency receiving the information does not
otherwise have access to the information, share information
possessed by the review team with the office of the attorney
general, a county attorney’s office, or an appropriate
law enforcement agency. The office or agency receiving
the information shall maintain the confidentiality of the
information in accordance with this section. Unauthorized
release or disclosure of the information received is subject to
penalty as provided in this section.
g. In order to assist a division of the department in
performing the division’s department’s duties, if the division
department does not otherwise have access to the information,
share information possessed by the review team. The division
receiving recipient of the information shall maintain the
confidentiality of the information in accordance with this
section. Unauthorized release or disclosure of the information
received is subject to penalty as provided in this section.
4. The review team department shall develop protocols for a
child fatality review committee, to be appointed by the state
medical examiner director on an ad hoc basis, to immediately
review the child abuse assessments which involve the fatality
of a child under age eighteen. The state medical examiner
director shall appoint a medical examiner, a pediatrician, and
a person involved with law enforcement to the committee.
a. The purpose of the review shall be to determine
whether the department of human services and others involved
with the case of child abuse responded appropriately. The
protocols shall provide for the committee to consult with any
multidisciplinary team, as defined in section 235A.13, that
is operating in the area in which the fatality occurred. The
protocols shall also ensure that a member of the child fatality
review committee does not have a conflict of interest regarding
the child fatality under review.
b. The committee shall have access to patient records
and other pertinent confidential information and, subject to
-92-the restrictions in this subsection, may redisseminate the
confidential information in the committee’s report.
c. Upon completion of the review, the committee shall issue
a report which shall include findings concerning the case and
recommendations for changes to prevent child fatalities when
similar circumstances exist. The report shall include but
is not limited to the following information, subject to the
restrictions listed in paragraph “d”:
(1) The dates, outcomes, and results of any actions taken by
the department of human services and others in regard to each
report and allegation of child abuse involving the child who
died.
(2) The results of any review of the case performed by a
multidisciplinary team, or by any other public entity that
reviewed the case.
(3) Confirmation of receipt by the department of human
services of any report of child abuse involving the child,
including confirmation as to whether or not any assessment
involving the child was performed in accordance with section
232.71B, the results of any assessment, a description of the
most recent assessment and the services offered to the family,
the services rendered to the family, and the basis for the
department’s decisions concerning the case.
d. Prior to issuing the report, the committee shall consult
with the county attorney responsible for prosecution of the
alleged perpetrator of the child fatality. The committee’s
report shall include child abuse information associated with
the case and the child, but is subject to the restrictions
applicable to the department of human services for release of
information concerning a child fatality or near fatality in
accordance with section 235A.15, subsection 9.
e. Following the completion of the trial of any alleged
perpetrator of the child fatality and the appeal period
for the granting of a new trial, the committee shall issue
a supplemental report containing the information that was
-93-withheld, in accordance with paragraph “d”, so as not to
jeopardize the prosecution or the rights of the alleged
perpetrator to a fair trial as described in section 235A.15,
subsection 9, paragraphs “e” and “f”.
f. The report and any supplemental report shall be submitted
to the governor and general assembly.
g. If deemed appropriate by the committee, at any point
in the review the committee may recommend to the department
of human services, appropriate law enforcement agencies, and
any other person involved with child protection, interventions
that may prevent harm to a child who is related to or is living
in the same home as a child whose case is reviewed by the
committee.
5. a. The following individuals shall designate a liaison
to assist the review team in fulfilling its responsibilities:
(1) The director of public health and human services.
(2) The director of human services.
(3) (2) The commissioner of public safety.
(4) (3) The attorney general.
(5) (4) The director of transportation.
(6) (5) The director of the department of education.
b. In addition, the chairperson of the review team
department shall designate a liaison from the public at large
to assist the review team in fulfilling its responsibilities.
6. The review team may establish subcommittees to which the
team may delegate some or all of the team’s responsibilities
under subsection 3.
7. a. The state medical examiner, the Iowa department
of public health, and the department of human services shall
adopt rules providing for disclosure of information which is
confidential under chapter 22 or any other provision of state
law, to the review team for purposes of performing its child
death and child abuse review responsibilities.
b. A person in possession or control of medical,
investigative, assessment, or other information pertaining to a
-94-child death and child abuse review shall allow the inspection
and reproduction of the information by the office of the state
medical examiner department upon the request of the office
department, to be used only in the administration and for
the duties of the Iowa child death review team. Except as
provided for a report on a child fatality by an ad hoc child
fatality review committee under subsection 4, information and
records produced under this section which are confidential
under section 22.7 and chapter 235A, and information or records
received from the confidential records, remain confidential
under this section. A person does not incur legal liability
by reason of releasing information to the department or the
office of the state medical examiner as required under and in
compliance with this section.
8. Review team members and their agents are immune from any
liability, civil or criminal, which might otherwise be incurred
or imposed as a result of any act, omission, proceeding,
decision, or determination undertaken or performed, or
recommendation made as a review team member or agent provided
that the review team members or agents acted in good faith
and without malice in carrying out their official duties in
their official capacity. The state medical examiner department
shall adopt rules pursuant to chapter 17A to administer
this subsection. A complainant bears the burden of proof in
establishing malice or lack of good faith in an action brought
against review team members involving the performance of their
duties and powers under this section.
9. A person who releases or discloses confidential data,
records, or any other type of information in violation of this
section is guilty of a serious misdemeanor.
Sec. 140. Section 135.61, subsection 12, Code 2023, is
amended to read as follows:
12. “Health services” means clinically related diagnostic,
curative, or rehabilitative services, and includes alcoholism,
drug abuse, substance use disorder and mental health services.
-95- Sec. 141. Section 135.100, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the Iowa department of public health
and human services.
Sec. 142. Section 135.101, Code 2023, is amended to read as
follows:
135.101 Childhood lead poisoning prevention program.
There is established a childhood lead poisoning prevention
program within the Iowa department of public health. The
department shall implement and review programs necessary to
eliminate potentially dangerous toxic lead levels in children
in Iowa in a year for which funds are appropriated to the
department for this purpose.
Sec. 143. Section 135.106, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The Iowa department of public health shall establish a
healthy opportunities for parents to experience success (HOPES)
– healthy families Iowa (HFI) program to provide services to
families and children during the prenatal through preschool
years. The program shall be designed to do all of the
following:
Sec. 144. Section 135.106, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The HOPES-HFI program shall be developed by the Iowa
department of public health, and may be implemented, in
whole or in part, by contracting with a nonprofit child
abuse prevention organization, local nonprofit certified home
health program or other local nonprofit organizations, and
shall include, but is not limited to, all of the following
components:
Sec. 145. Section 135.106, subsection 3, Code 2023, is
amended to read as follows:
3. It is the intent of the general assembly to provide
communities with the discretion and authority to redesign
existing local programs and services targeted at and assisting
-96-families expecting babies and families with children who
are newborn through five years of age. The Iowa department
of public health, department of human services, department
of education, and other state agencies and programs, as
appropriate, shall provide technical assistance and support
to communities desiring to redesign their local programs and
shall facilitate the consolidation of existing state funding
appropriated and made available to the community for family
support services. Funds which are consolidated in accordance
with this subsection shall be used to support the redesigned
service delivery system. In redesigning services, communities
are encouraged to implement a single uniform family risk
assessment mechanism and shall demonstrate the potential for
improved outcomes for children and families. Requests by
local communities for the redesigning of services shall be
submitted to the Iowa department of public health, department
of human services, and the department of education, and are
subject to the approval of the early childhood Iowa state board
in consultation with the departments, based on the practices
utilized with early childhood Iowa areas under chapter 256I.
Sec. 146. Section 135.107, Code 2023, is amended to read as
follows:
135.107 Center for rural Rural health and primary care
established — duties.
1. The center for rural health and primary care is
established within the department.
2. 1. The center for rural health and primary care
department shall do all of the following:
a. Provide technical planning assistance to rural
communities and counties exploring innovative means of
delivering rural health services through community health
services assessment, planning, and implementation, including
but not limited to hospital conversions, cooperative agreements
among hospitals, physician and health practitioner support,
recruitment and retention of primary health care providers,
-97-public health services, emergency medical services, medical
assistance facilities, rural health care clinics, and
alternative means which may be included in the long-term
community health services assessment and developmental plan.
The center for rural health and primary care department
shall encourage collaborative efforts of the local boards of
health, hospital governing boards, and other public and private
entities located in rural communities to adopt a long-term
community health services assessment and developmental plan
pursuant to rules adopted by the department and perform the
duties required of the Iowa department of public health in
section 135B.33.
b. Provide technical assistance to assist rural communities
in improving Medicare reimbursements through the establishment
of rural health clinics, defined pursuant to 42 U.S.C. §1395x,
and distinct part skilled nursing facility beds.
c. Coordinate services to provide research for the following
items:
(1) Examination of the prevalence of rural occupational
health injuries in the state.
(2) Assessment of training and continuing education
available through local hospitals and others relating to
diagnosis and treatment of diseases associated with rural
occupational health hazards.
(3) Determination of continuing education support necessary
for rural health practitioners to diagnose and treat illnesses
caused by exposure to rural occupational health hazards.
(4) Determination of the types of actions that can help
prevent agricultural accidents.
(5) Surveillance and reporting of disabilities suffered
by persons engaged in agriculture resulting from diseases
or injuries, including identifying the amount and severity
of agricultural-related injuries and diseases in the state,
identifying causal factors associated with agricultural-related
injuries and diseases, and indicating the effectiveness of
-98-intervention programs designed to reduce injuries and diseases.
d. Cooperate with the center for agricultural safety and
health established under section 262.78, the center for health
effects of environmental contamination established under
section 263.17, and the department of agriculture and land
stewardship. The agencies shall coordinate programs to the
extent practicable.
e. Administer grants for farm safety education efforts
directed to rural families for the purpose of preventing
farm-related injuries to children.
3. 2. The center for rural health and primary care
department shall establish a primary care provider recruitment
and retention endeavor, to be known as PRIMECARRE. The
endeavor shall include a health care workforce and community
support grant program and a primary care provider loan
repayment program. The endeavor shall be developed and
implemented in a manner to promote and accommodate local
creativity in efforts to recruit and retain health care
professionals to provide services in the locality. The
focus of the endeavor shall be to promote and assist local
efforts in developing health care provider recruitment and
retention programs. The center for rural health and primary
care department may enter into an agreement with the college
student aid commission for the administration of the center’s
department’s grant and loan repayment programs.
a. Health care workforce and community support grant program.
(1) The center for rural health and primary care department
shall adopt rules establishing flexible application processes
based upon the department’s strategic plan to be used by the
center department to establish a grant assistance program as
provided in this paragraph “a”, and establishing the criteria
to be used in evaluating the applications. Selection criteria
shall include a method for prioritizing grant applications
based on illustrated efforts to meet the health care provider
needs of the locality and surrounding area. Such assistance
-99-may be in the form of a forgivable loan, grant, or other
nonfinancial assistance as deemed appropriate by the center
department. An application submitted may contain a commitment
of matching funds for the grant assistance. Application may
be made for assistance by a single community or group of
communities or in response to programs recommended in the
strategic plan to address health workforce shortages.
(2) Grants awarded under the program shall be awarded
to rural, underserved areas or special populations as
identified by the department’s strategic plan or evidence-based
documentation.
b. Primary care provider loan repayment program.
(1) A primary care provider loan repayment program is
established to increase the number of health professionals
practicing primary care in federally designated health
professional shortage areas of the state. Under the program,
loan repayment may be made to a recipient for educational
expenses incurred while completing an accredited health
education program directly related to obtaining credentials
necessary to practice the recipient’s health profession.
(2) The center for rural health and primary care
department shall adopt rules relating to the establishment and
administration of the primary care provider loan repayment
program. Rules adopted pursuant to this paragraph shall
provide, at a minimum, for all of the following:
(a) Determination of eligibility requirements and
qualifications of an applicant to receive loan repayment under
the program, including but not limited to years of obligated
service, clinical practice requirements, and residency
requirements. One year of obligated service shall be provided
by the applicant in exchange for each year of loan repayment,
unless federal requirements otherwise require. Loan repayment
under the program shall not be approved for a health provider
whose license or certification is restricted by a medical
regulatory authority of any jurisdiction of the United States,
-100-other nations, or territories.
(b) Identification of federally designated health
professional shortage areas of the state and prioritization of
such areas according to need.
(c) Determination of the amount and duration of the loan
repayment an applicant may receive, giving consideration to the
availability of funds under the program, and the applicant’s
outstanding educational loans and professional credentials.
(d) Determination of the conditions of loan repayment
applicable to an applicant.
(e) Enforcement of the state’s rights under a loan repayment
program contract, including the commencement of any court
action.
(f) Cancellation of a loan repayment program contract for
reasonable cause unless federal requirements otherwise require.
(g) Participation in federal programs supporting repayment
of loans of health care providers and acceptance of gifts,
grants, and other aid or amounts from any person, association,
foundation, trust, corporation, governmental agency, or other
entity for the purposes of the program.
(h) Upon availability of state funds, determination of
eligibility criteria and qualifications for participating
communities and applicants not located in federally designated
shortage areas.
(i) Other rules as necessary.
4. 3. a. Eligibility under any of the programs established
under the primary care provider recruitment and retention
endeavor shall be based upon a community health services
assessment completed under subsection 2, paragraph “a”.
Participation in a community health services assessment process
shall be documented by the community or region.
b. Assistance under this subsection shall not be granted
until such time as the community or region making application
has completed a community health services assessment and
adopted a long-term community health services assessment and
-101-developmental plan. In addition to any other requirements, an
applicant’s plan shall include, to the extent possible, a clear
commitment to informing high school students of the health care
opportunities which may be available to such students.
c. The center for rural health and primary care department
shall seek additional assistance and resources from other state
departments and agencies, federal agencies and grant programs,
private organizations, and any other person, as appropriate.
The center department is authorized and directed to accept
on behalf of the state any grant or contribution, federal or
otherwise, made to assist in meeting the cost of carrying out
the purpose of this subsection. All federal grants to and the
federal receipts of the center department are appropriated
for the purpose set forth in such federal grants or receipts.
Funds appropriated by the general assembly to the center
department for implementation of this subsection shall first
be used for securing any available federal funds requiring a
state match, with remaining funds being used for the health
care workforce and community support grant program.
d. The center for rural health and primary care department
may, to further the purposes of this subsection, provide
financial assistance in the form of grants to support
the effort of a community which is clearly part of the
community’s long-term community health services assessment
and developmental plan. Efforts for which such grants may
be awarded include but are not limited to the procurement of
clinical equipment, clinical facilities, and telecommunications
facilities, and the support of locum tenens arrangements and
primary care provider mentor programs.
Sec. 147. Section 135.108, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the Iowa department of public health
and human services.
2. “Director” means the director of public health and human
services.
-102- Sec. 148. Section 135.109, Code 2023, is amended to read as
follows:
135.109 Iowa domestic abuse death review team membership.
1. An Iowa domestic abuse death review team is established
as an independent agency of state government in the department.
2. The department shall provide staffing and administrative
support to the team.
3. The team shall include the following members:
a. The state medical examiner or the state medical
examiner’s designee.
b. A licensed physician, physician assistant, or nurse who
is knowledgeable concerning domestic abuse injuries and deaths,
including suicides.
c. A licensed mental health professional who is
knowledgeable concerning domestic abuse.
d. A representative or designee of the Iowa coalition
against domestic violence.
e. A certified or licensed professional who is knowledgeable
concerning substance abuse use disorder.
f. A law enforcement official who is knowledgeable
concerning domestic abuse.
g. A law enforcement investigator experienced in domestic
abuse investigation.
h. An attorney experienced in prosecuting domestic abuse
cases.
i. A judicial officer appointed by the chief justice of the
supreme court.
j. A clerk of the district court appointed by the chief
justice of the supreme court.
k. An employee or subcontractor of the department of
corrections who is a trained batterers’ education program
facilitator.
l. An attorney licensed in this state who provides criminal
defense assistance or child custody representation, and who has
experience in dissolution of marriage proceedings.
-103- m. Both a female and a male victim of domestic abuse.
n. A family member of a decedent whose death resulted from
domestic abuse.
4. The following individuals shall each designate a liaison
to assist the team in fulfilling the team’s duties:
a. The attorney general.
b. The director of the Iowa department of corrections.
c. The director of public health.
d. c. The director of health and human services.
e. d. The commissioner of public safety.
f. The administrator of the bureau of vital records of the
Iowa department of public health.
g. e. The director of the department of education.
h. f. The state court administrator.
i. The director of the department of human rights.
j. g. The director of the state law enforcement academy.
5. a. The director of public health, in consultation with
the attorney general, shall appoint review team members who are
not designated by another appointing authority.
b. A membership vacancy shall be filled in the same manner
as the original appointment.
c. The membership of the review team is subject to the
provisions of sections 69.16 and 69.16A, relating to political
affiliation and gender balance.
d. A member of the team may be reappointed to serve
additional terms on the team, subject to the provisions of
chapter 69.
6. Membership terms shall be three-year staggered terms.
7. Members of the team are eligible for reimbursement of
actual and necessary expenses incurred in the performance of
their official duties.
8. Team members and their agents are immune from any
liability, civil or criminal, which might otherwise be incurred
or imposed as a result of any act, omission, proceeding,
decision, or determination undertaken or performed, or
-104-recommendation made as a team member or agent provided that the
team members or agents acted reasonably and in good faith and
without malice in carrying out their official duties in their
official capacity. A complainant bears the burden of proof
in establishing malice or unreasonableness or lack of good
faith in an action brought against team members involving the
performance of their duties and powers.
Sec. 149. Section 135.118, subsection 1, Code 2023, is
amended to read as follows:
1. A child protection center grant program is established
in the Iowa department of public health in accordance with
this section. The director of public health department shall
establish requirements for the grant program and shall award
grants. A grant may be used for establishment of a new center
or for support of an existing center.
Sec. 150. Section 135.118, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. As necessary to address serious cases of child abuse such
as those involving sexual abuse, serious physical abuse, and
substance abuse use disorder, a grantee must be able to involve
or consult with persons from various professional disciplines
who have training and expertise in addressing special types
of child abuse. These persons may include but are not
limited to physicians and other health care professionals,
mental health professionals, social workers, child protection
workers, attorneys, juvenile court officers, public health
workers, child development experts, child educators, and child
advocates.
Sec. 151. Section 135.118, subsection 3, Code 2023, is
amended to read as follows:
3. The director shall create a committee to consider grant
proposals and to make grant recommendations to the director.
The committee membership may include but is not limited to
representatives of the following: departments of health and
human services, and justice, and public health, Iowa medical
-105-society, Iowa hospital association, Iowa nurses association,
and an association representing social workers.
Sec. 152. Section 135.140, Code 2023, is amended to read as
follows:
135.140 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Bioterrorism” means the intentional use of any
microorganism, virus, infectious substance, or biological
product that may be engineered as a result of biotechnology,
or any naturally occurring or bioengineered component of any
such microorganism, virus, infectious substance, or biological
product, to cause death, disease, or other biological
malfunction in a human, an animal, a plant, or another living
organism.
2. “Department” means the Iowa department of public health
and human services.
3. “Director” means the director of public health and human
services or the director’s designee.
4. “Disaster” means disaster as defined in section 29C.2.
5. “Division” means the division of acute disease prevention
and emergency response of the department.
6. 5. “Public health disaster” means a state of disaster
emergency proclaimed by the governor in consultation with the
department pursuant to section 29C.6 for a disaster which
specifically involves an imminent threat of an illness or
health condition that meets any of the following conditions of
paragraphs “a” and “b”:
a. Is reasonably believed to be caused by any of the
following:
(1) Bioterrorism or other act of terrorism.
(2) The appearance of a novel or previously controlled or
eradicated infectious agent or biological toxin.
(3) A chemical attack or accidental release.
(4) An intentional or accidental release of radioactive
-106-material.
(5) A nuclear or radiological attack or accident.
(6) A natural occurrence or incident, including but not
limited to fire, flood, storm, drought, earthquake, tornado,
or windstorm.
(7) A man-made occurrence or incident, including but not
limited to an attack, spill, or explosion.
b. Poses a high probability of any of the following:
(1) A large number of deaths in the affected population.
(2) A large number of serious or long-term disabilities in
the affected population.
(3) Widespread exposure to an infectious or toxic agent that
poses a significant risk of substantial future harm to a large
number of the affected population.
(4) Short-term or long-term physical or behavioral health
consequences to a large number of the affected population.
7. 6. “Public health response team” means a team of
professionals, including licensed health care providers,
nonmedical professionals skilled and trained in disaster or
emergency response, and public health practitioners, which is
sponsored by a hospital or other entity and approved by the
department to provide disaster assistance in the event of a
disaster or threatened disaster.
Sec. 153. Section 135.141, Code 2023, is amended to read as
follows:
135.141 Division of Department duties related to acute
disease prevention and emergency response — establishment —
duties of department.
1. A division of acute disease prevention and emergency
response is established within the department. The division
department shall coordinate the administration of this
subchapter with other administrative divisions of the
department and with federal, state, and local agencies and
officials.
2. The department shall do all of the following:
-107- a. Coordinate with the department of homeland security and
emergency management the administration of emergency planning
matters which involve the public health, including development,
administration, and execution of the public health components
of the comprehensive emergency plan and emergency management
program pursuant to section 29C.8.
b. Coordinate with federal, state, and local agencies and
officials, and private agencies, organizations, companies, and
persons, the administration of emergency planning, response,
and recovery matters that involve the public health.
c. If a public health disaster exists, or if there is
reasonable cause to believe that a public health disaster is
imminent, conduct a risk assessment of any present or potential
danger to the public health from chemical, radiological, or
other potentially dangerous agents.
d. For the purpose of paragraph “c”, an employee or agent
of the department may enter into and examine any premises
containing potentially dangerous agents with the consent of the
owner or person in charge of the premises or, if the owner or
person in charge of the premises refuses admittance, with an
administrative search warrant obtained under section 808.14.
Based on findings of the risk assessment and examination of the
premises, the director may order reasonable safeguards or take
any other action reasonably necessary to protect the public
health pursuant to rules adopted to administer this subsection.
e. Coordinate the location, procurement, storage,
transportation, maintenance, and distribution of medical
supplies, drugs, antidotes, and vaccines to prepare for or in
response to a public health disaster, including receiving,
distributing, and administering items from the strategic
national stockpile program of the centers for disease control
and prevention of the United States department of health and
human services.
f. Conduct or coordinate public information activities
regarding emergency and disaster planning, response, and
-108-recovery matters that involve the public health.
g. Apply for and accept grants, gifts, or other funds to be
used for programs authorized by this subchapter.
h. Establish and coordinate other programs or activities
as necessary for the prevention, detection, management, and
containment of public health disasters, and for the recovery
from such disasters.
i. Adopt rules pursuant to chapter 17A for the
administration of this subchapter including rules adopted in
cooperation with the Iowa pharmacy association and the Iowa
hospital association for the development of a surveillance
system to monitor supplies of drugs, antidotes, and vaccines to
assist in detecting a potential public health disaster. Prior
to adoption, the rules shall be approved by the state board of
health council on health and human services and the director of
the department of homeland security and emergency management.
Sec. 154. Section 135.166, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of public health shall enter into a
memorandum of understanding with the contractor selected
through a request for proposals process to act as the
department’s intermediary in collecting, maintaining, and
disseminating hospital inpatient, outpatient, and ambulatory
data, as initially authorized in 1996 Iowa Acts, ch.1212, §5,
subsection 1, paragraph “a”, subparagraph (4), and 641 IAC
177.3.
Sec. 155. Section 135.173A, Code 2023, is amended to read
as follows:
135.173A Child care advisory committee.
1. The early childhood stakeholders alliance shall
establish a state child care advisory committee as part of the
stakeholders alliance. The advisory committee shall advise
and make recommendations to the governor, general assembly,
department of human services, and other state agencies
concerning child care.
-109- 2. The membership of the advisory committee shall consist of
a broad spectrum of parents and other persons from across the
state with an interest in or involvement with child care.
3. Except as otherwise provided, the voting members of
the advisory committee shall be appointed by the stakeholders
alliance from a list of names submitted by a nominating
committee to consist of one member of the advisory committee,
one member of the department of human services’ department’s
child care staff, three consumers of child care, and one member
of a professional child care organization. Two names shall be
submitted for each appointment. The voting members shall be
appointed for terms of three years.
4. The voting membership of the advisory committee shall be
appointed in a manner so as to provide equitable representation
of persons with an interest in child care and shall include all
of the following:
a. Two parents of children served by a registered child
development home.
b. Two parents of children served by a licensed center.
c. Two not-for-profit child care providers.
d. Two for-profit child care providers.
e. One child care home provider.
f. Three child development home providers.
g. One child care resource and referral service grantee.
h. One nongovernmental child advocacy group representative.
i. One designee of the department of human services.
j. One designee of the Iowa department of public health.
k. j. One designee of the department of education.
l. k. One head start program provider.
m. l. One person who is a business owner or executive
officer from nominees submitted by the Iowa chamber of commerce
executives.
n. One designee of the early childhood Iowa office of the
department of management.
o. m. One person who is a member of the Iowa afterschool
-110-alliance.
p. n. One person who is part of a local program
implementing the statewide preschool program for four-year-old
children under chapter 256C.
q. o. One person who represents the early childhood
stakeholders alliance.
5. In addition to the voting members of the advisory
committee, the membership shall include four legislators as
ex officio, nonvoting members. The four legislators shall
be appointed one each by the majority leader of the senate,
the minority leader of the senate, the speaker of the house
of representatives, and the minority leader of the house of
representatives for terms as provided in section 69.16B.
6. In fulfilling the advisory committee’s role, the
committee shall do all of the following:
a. Consult with the department of human services and make
recommendations concerning policy issues relating to child
care.
b. Advise the department of human services concerning
services relating to child care, including but not limited to
any of the following:
(1) Resource and referral services.
(2) Provider training.
(3) Quality improvement.
(4) Public-private partnerships.
(5) Standards review and development.
(6) The federal child care and development block grant,
state funding, grants, and other funding sources for child
care.
c. Assist the department of human services in developing an
implementation plan to provide seamless service to recipients
of public assistance, which includes child care services.
For the purposes of this subsection, “seamless service”
means coordination, where possible, of the federal and state
requirements which apply to child care.
-111- d. Advise and provide technical services to the director of
the department of education or the director’s designee relating
to prekindergarten, kindergarten, and before and after school
programming and facilities.
e. Make recommendations concerning child care expansion
programs that meet the needs of children attending a core
education program by providing child care before and after the
core program hours and during times when the core program does
not operate.
f. Make recommendations for improving collaborations
between the child care programs involving the department of
human services and programs supporting the education and
development of young children including but not limited to the
federal head start program; the statewide preschool program for
four-year-old children; and the early childhood, at-risk, and
other early education programs administered by the department
of education.
g. Make recommendations for eliminating duplication and
otherwise improving the eligibility determination processes
used for the state child care assistance program and other
programs supporting low-income families, including but not
limited to the federal head start, early head start, and even
start programs; the early childhood, at-risk, and preschool
programs administered by the department of education; the
family and self-sufficiency grant program; and the family
investment program.
h. Make recommendations as to the most effective and
efficient means of managing the state and federal funding
available for the state child care assistance program.
i. Review program data from the department of human services
and other departments concerning child care as deemed to be
necessary by the advisory committee, although a department
shall not provide personally identifiable data or information.
j. Advise and assist the early childhood stakeholders
alliance in developing the strategic plan required pursuant to
-112-section 256I.4, subsection 4.
7. The department of human services shall provide
information to the advisory committee semiannually on all of
the following:
a. Federal, state, local, and private revenues and
expenditures for child care including but not limited to
updates on the current and future status of the revenues and
expenditures.
b. Financial information and data relating to regulation of
child care by the department of human services and the usage of
the state child care assistance program.
c. Utilization and availability data relating to child care
regulation, quantity, and quality from consumer and provider
perspectives.
d. Statistical and demographic data regarding child care
providers and the families utilizing child care.
e. Statistical data regarding the processing time for
issuing notices of decision to state child care assistance
applicants and for issuing payments to child care providers.
8. The advisory committee shall coordinate with the early
childhood stakeholders alliance its reporting annually in
December to the governor and general assembly concerning the
status of child care in the state, providing findings, and
making recommendations. The annual report may be personally
presented to the general assembly’s standing committees on
health and human resources services by a representative of the
advisory committee.
Sec. 156. Section 135.175, subsection 6, paragraphs b and c,
Code 2023, are amended to read as follows:
b. State programs that may receive funding from the fund
and the accounts in the fund, if specifically designated for
the purpose of drawing down federal funding, are the primary
care recruitment and retention endeavor (PRIMECARRE), the Iowa
affiliate of the national rural recruitment and retention
network, the oral and health delivery systems bureau dental
-113-program of the department, the primary care office and
shortage designation program, and the state office of rural
health, administered through the oral and health delivery
systems bureau of the department of public health; any entity
identified by the federal government entity through which
federal funding for a specified health care workforce shortage
initiative is received; and a program developed in accordance
with the strategic plan developed by the department of public
health in accordance with section 135.163.
c. Any federal funding received for the purposes of
addressing state health care workforce shortages shall be
deposited in the health care workforce shortage national
initiatives account, unless otherwise specified by the source
of the funds, and shall be used as required by the source of
the funds. If use of the federal funding is not designated,
the funds shall be used in accordance with the strategic plan
developed by the department of public health in accordance with
section 135.163, or to address workforce shortages as otherwise
designated by the department of public health. Other sources
of funding shall be deposited in the fund or account and used
as specified by the source of the funding.
Sec. 157. Section 135.185, subsection 6, Code 2023, is
amended to read as follows:
6. The department of public health, the board of medicine,
the board of nursing, and the board of pharmacy shall adopt
rules pursuant to chapter 17A to implement and administer this
section, including but not limited to standards and procedures
for the prescription, distribution, storage, replacement, and
administration of epinephrine auto-injectors, and for training
and authorization to be required for personnel authorized to
administer epinephrine.
Sec. 158. Section 135.190, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. “Person in a position to assist” means a family member,
friend, caregiver, health care provider, employee of a
-114-substance abuse use disorder treatment facility, school
employee, or other person who may be in a place to render aid to
a person at risk of experiencing an opioid-related overdose.
Sec. 159. Section 135.190A, subsection 6, Code 2023, is
amended to read as follows:
6. The department shall submit a report to the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system and to the legislative
services agency general assembly on or before December 31
of each year which shall contain a list of deposits and
expenditures from the fund for the prior fiscal year and the
amount of carryover funds, if any, to be distributed in the
next fiscal year.
Sec. 160. Section 135A.2, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. “Department” means the department of public health and
human services.
4. “Governmental public health system” means local boards
of health, the state board of council on health and human
services, designated local public health agencies, the state
hygienic laboratory, and the department.
Sec. 161. Section 135A.8, subsection 4, Code 2023, is
amended to read as follows:
4. A local board of health seeking matching funds or grants
under this section shall apply to the department. The state
board of council on health and human services shall adopt rules
concerning the application and award process for the allocation
of moneys in the fund and shall establish the criteria for the
allocation of moneys in the fund if the moneys are insufficient
to meet the needs of local boards of health.
Sec. 162. Section 135A.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state board of council on health and human services shall
adopt rules pursuant to chapter 17A to implement this chapter
which shall include but are not limited to the following:
-115- Sec. 163. Section 135B.7, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department, with the approval of the state board of
council on health and human services, shall adopt rules setting
out the standards for the different types of hospitals to be
licensed under this chapter. The department shall enforce the
rules.
Sec. 164. Section 135B.9, subsection 2, Code 2023, is
amended to read as follows:
2. In the state resource centers and state mental health
institutes operated by the department of health and human
services, the designated protection and advocacy agency as
provided in section 135C.2, subsection 4, shall have the
authority to investigate all complaints of abuse and neglect
of persons with developmental disabilities or mental illnesses
if the complaints are reported to the protection and advocacy
agency or if there is probable cause to believe that the abuse
has occurred. Such authority shall include the examination of
all records pertaining to the care provided to the residents
and contact or interview with any resident, employee, or any
other person who might have knowledge about the operation of
the institution.
Sec. 165. Section 135B.33, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Subject to availability of funds, the Iowa department of
public health and human services shall provide technical
planning assistance to local boards of health and hospital
governing boards to ensure access to hospital services in
rural areas. The department shall encourage the local boards
of health and hospital governing boards to adopt a long-term
community health services and developmental plan including the
following:
Sec. 166. Section 135B.34, Code 2023, is amended to read as
follows:
135B.34 Hospital employees — criminal history and abuse
-116-record checks — penalty.
1. a. Prior to employment of a person in a hospital, the
hospital shall do one of the following:
(1) Request that the department of public safety perform a
criminal history check and the record check evaluation system
of the department of health and human services perform child
and dependent adult abuse record checks of the person in this
state.
(2) Access the single contact repository to perform the
required record checks.
b. (1) If a hospital accesses the single contact repository
to perform the required record checks pursuant to paragraph
“a”, the hospital may utilize a third-party vendor to perform a
comprehensive preliminary background check and provisionally
employ a person being considered for employment pending
completion of the required record checks through the single
contact repository and the evaluation by the department of
human services record check evaluation system, as applicable,
subject to all of the following:
(a) If the comprehensive preliminary background check
determines that the person being considered for employment has
been convicted of a crime, but the crime does not constitute a
felony as defined in section 701.7 and is not a crime specified
pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
712, or pursuant to section 726.3, 726.27, or 726.28.
(b) If the comprehensive preliminary background check
determines the person being considered for employment does not
have a record of founded child abuse or dependent adult abuse
or if an exception pursuant to subsection 4 is applicable to
the person.
(c) If the hospital has requested an evaluation in
accordance with subsection 2, paragraph “a”, to determine
whether the crime warrants prohibition of the person’s
employment in the hospital.
(2) The provisional employment under this paragraph “b”
-117-may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
c. A hospital shall inform all persons prior to employment
regarding the performance of the record checks and shall
obtain, from the persons, a signed acknowledgment of the
receipt of the information. A hospital shall include the
following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
2. a. If it is determined that a person being considered
for employment in a hospital has committed a crime, the
department of public safety shall notify the hospital that upon
the request of the hospital the department of human services
record check evaluation system will perform an evaluation
to determine whether the crime warrants prohibition of the
person’s employment in the hospital.
b. (1) If a person being considered for employment, other
than employment involving the operation of a motor vehicle, has
been convicted of a crime listed in subparagraph (2) but does
not have a record of founded child or dependent adult abuse
and the hospital has requested an evaluation in accordance
with paragraph “a” to determine whether the crime warrants
prohibition of the person’s employment, the hospital may employ
the person for not more than sixty calendar days pending
completion of the evaluation.
(2) Subparagraph (1) applies to a crime that is a simple
misdemeanor offense under section 123.47, and to a crime
that is a first offense of operating a motor vehicle while
intoxicated under section 321J.2, subsection 1.
c. If a department of human services record check evaluation
system child or dependent adult abuse record check shows that
the person has a record of founded child or dependent adult
-118-abuse, the department of human services record check evaluation
system shall notify the hospital that upon the request of
the hospital the department of human services record check
evaluation system will perform an evaluation to determine
whether the founded child or dependent adult abuse warrants
prohibition of the person’s employment in the hospital.
d. An evaluation performed under this subsection shall
be performed in accordance with procedures adopted for this
purpose by the department of health and human services.
e. (1) If a person owns or operates more than one hospital,
and an employee of one of such hospitals is transferred to
another such hospital without a lapse in employment, the
hospital is not required to request additional criminal and
child and dependent adult abuse record checks of that employee.
(2) If the ownership of a hospital is transferred, at the
time of transfer the record checks required by this section
shall be performed for each employee for whom there is no
documentation that such record checks have been performed.
The hospital may continue to employ such employee pending the
performance of the record checks and any related evaluation.
3. In an evaluation, the department of human services
record check evaluation system shall consider the nature and
seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held, the time
elapsed since the commission of the crime or founded child
or dependent adult abuse, the circumstances under which the
crime or founded child or dependent adult abuse was committed,
the degree of rehabilitation, the likelihood that the person
will commit the crime or founded child or dependent adult
abuse again, and the number of crimes or founded child or
dependent adult abuses committed by the person involved. If
the department of human services record check evaluation system
performs an evaluation for the purposes of this section, the
department of human services record check evaluation system
has final authority in determining whether prohibition of the
-119-person’s employment is warranted.
4. a. Except as provided in subsection 1, paragraph “b”,
subsection 2, and paragraph “b” of this subsection, a person
who has committed a crime or has a record of founded child
or dependent adult abuse shall not be employed in a hospital
licensed under this chapter unless an evaluation has been
performed by the department of human services record check
evaluation system.
b. A person with a criminal or abuse record who is or was
employed by a hospital licensed under this chapter and is hired
by another hospital shall be subject to the criminal history
and abuse record checks required pursuant to subsection 1.
However, if an evaluation was previously performed by the
department of human services record check evaluation system
concerning the person’s criminal or abuse record and it was
determined that the record did not warrant prohibition of
the person’s employment and the latest record checks do not
indicate a crime was committed or founded abuse record was
entered subsequent to that evaluation, the person may commence
employment with the other hospital in accordance with the
department of human services’ record check evaluation system’s
evaluation and an exemption from the requirements in paragraph
“a” for reevaluation of the latest record checks is authorized.
Otherwise, the requirements of paragraph “a” remain applicable
to the person’s employment. Authorization of an exemption
under this paragraph “b” from requirements for reevaluation of
the latest record checks by the department of human services
record check evaluation system is subject to all of the
following provisions:
(1) The position with the subsequent employer is
substantially the same or has the same job responsibilities as
the position for which the previous evaluation was performed.
(2) Any restrictions placed on the person’s employment in
the previous evaluation by the department of human services
record check evaluation system shall remain applicable in the
-120-person’s subsequent employment.
(3) The person subject to the record checks has maintained a
copy of the previous evaluation and provides the evaluation to
the subsequent employer or the previous employer provides the
previous evaluation from the person’s personnel file pursuant
to the person’s authorization. If a physical copy of the
previous evaluation is not provided to the subsequent employer,
the record checks shall be reevaluated.
(4) Although an exemption under this lettered paragraph “b”
may be authorized, the subsequent employer may instead request
a reevaluation of the record checks and may employ the person
while the reevaluation is being performed.
5. a. If a person employed by a hospital that is subject
to this section is convicted of a crime or has a record of
founded child or dependent adult abuse entered in the abuse
registry after the person’s employment application date, the
person shall inform the hospital of such information within
forty-eight hours of the criminal conviction or entry of the
record of founded child or dependent adult abuse. The hospital
shall act to verify the information within seven calendar
days of notification. If the information is verified, the
requirements of subsections 2, 3, and 4 regarding employability
and evaluations shall be applied by the hospital to determine
whether or not the person’s employment is continued. The
hospital may continue to employ the person pending the
performance of an evaluation by the department of human
services record check evaluation system to determine whether
prohibition of the person’s employment is warranted. A person
who is required by this subsection to inform the person’s
employer of a conviction or entry of an abuse record and
fails to do so within the required period commits a serious
misdemeanor.
b. If a hospital receives credible information, as
determined by the hospital, that a person employed by the
hospital has been convicted of a crime or a record of founded
-121-child or dependent adult abuse has been entered in the
abuse registry after employment from a person other than the
employee and the employee has not informed the hospital of such
information within the period required under paragraph “a”, the
hospital shall act to verify the credible information within
seven calendar days of receipt of the credible information. If
the information is verified, the requirements of subsections
2, 3, and 4 regarding employability and evaluations shall
be applied by the hospital to determine whether or not the
person’s employment is continued.
c. The hospital may notify the county attorney for the
county where the hospital is located of any violation or
failure by an employee to notify the hospital of a criminal
conviction or entry of an abuse record within the period
required under paragraph “a”.
6. A hospital licensed in this state may access the single
contact repository established by the department pursuant to
section 135C.33 as necessary for the hospital to perform record
checks of persons employed or being considered for employment
by the hospital.
7. For the purposes of this section, “comprehensive
preliminary background check” means and “record check evaluation
system” mean the same as defined in section 135C.1.
Sec. 167. Section 135C.1, subsection 20, Code 2023, is
amended to read as follows:
20. “Residential care facility” means any institution,
place, building, or agency providing for a period exceeding
twenty-four consecutive hours accommodation, board, personal
assistance and other essential daily living activities to
three or more individuals, not related to the administrator or
owner thereof within the third degree of consanguinity, who by
reason of illness, disease, or physical or mental infirmity
are unable to sufficiently or properly care for themselves but
who do not require the services of a registered or licensed
practical nurse except on an emergency basis or who by reason
-122-of illness, disease, or physical or mental infirmity are unable
to sufficiently or properly care for themselves but who do not
require the services of a registered or licensed practical
nurse except on an emergency basis if home and community-based
services, other than nursing care, as defined by this chapter
and departmental rule, are provided. For the purposes of
this definition, the home and community-based services to be
provided are limited to the type included under the medical
assistance program provided pursuant to chapter 249A, are
subject to cost limitations established by the department
of health and human services under the medical assistance
program, and except as otherwise provided by the department of
inspections and appeals with the concurrence of the department
of health and human services, are limited in capacity to the
number of licensed residential care facilities and the number
of licensed residential care facility beds in the state as of
December 1, 2003.
Sec. 168. Section 135C.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 18A. “Record check evaluation system” means
the record check evaluation system of the department of health
and human services used to perform child and dependent adult
abuse record checks and to evaluate criminal history and abuse
records.
Sec. 169. Section 135C.4, subsection 3, Code 2023, is
amended to read as follows:
3. For the purposes of this section, the home and
community-based services to be provided shall be limited
to the type included under the medical assistance program
provided pursuant to chapter 249A, shall be subject to cost
limitations established by the department of health and human
services under the medical assistance program, and except
as otherwise provided by the department of inspections and
appeals with the concurrence of the department of health and
human services, shall be limited in capacity to the number of
-123-licensed residential care facilities and the number of licensed
residential care facility beds in the state as of December 1,
2003.
Sec. 170. Section 135C.6, subsections 8 and 9, Code 2023,
are amended to read as follows:
8. The following residential programs to which the
department of health and human services applies accreditation,
certification, or standards of review shall not be required to
be licensed as a health care facility under this chapter:
a. Residential programs providing care to not more than four
individuals and receiving moneys appropriated to the department
of health and human services under provisions of a federally
approved home and community-based services waiver for persons
with an intellectual disability or other medical assistance
program under chapter 249A. In approving a residential
program under this paragraph, the department of health and
human services shall consider the geographic location of the
program so as to avoid an overconcentration of such programs
in an area. In order to be approved under this paragraph,
a residential program shall not be required to involve the
conversion of a licensed residential care facility for persons
with an intellectual disability.
b. Not more than forty residential care facilities for
persons with an intellectual disability that are licensed to
serve not more than five individuals may be authorized by the
department of health and human services to convert to operation
as a residential program under the provisions of a medical
assistance home and community-based services waiver for persons
with an intellectual disability. A converted residential
program operating under this paragraph is subject to the
conditions stated in paragraph “a” except that the program shall
not serve more than five individuals.
c. A residential program approved by the department of
health and human services pursuant to this paragraph “c” to
receive moneys appropriated to the department of health and
-124- human services under provisions of a federally approved home
and community-based services habilitation or waiver program may
provide care to not more than five individuals. The department
shall approve a residential program under this paragraph that
complies with all of the following conditions:
(1) Approval of the program will not result in an
overconcentration of such programs in an area.
(2) The county in which the residential program is located
submits to the department of health and human services a letter
of support for approval of the program.
(3) The county in which the residential program is located
provides to the department of health and human services
verification in writing that the program is needed to address
one or more of the following:
(a) The quantity of services currently available in the
county is insufficient to meet the need.
(b) The quantity of affordable rental housing in the county
is insufficient.
(c) Implementation of the program will cause a reduction in
the size or quantity of larger congregate programs.
9. Contingent upon the department of health and human
services receiving federal approval, a residential program
which serves not more than eight individuals and is licensed as
an intermediate care facility for persons with an intellectual
disability may surrender the facility license and continue
to operate under a federally approved medical assistance
home and community-based services waiver for persons with an
intellectual disability, if the department of health and human
services has approved a plan submitted by the residential
program.
Sec. 171. Section 135C.14, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department shall, in accordance with chapter 17A and
with the approval of the state board of council on health
and human services, adopt and enforce rules setting minimum
-125-standards for health care facilities. In so doing, the
department, with the approval of the state board of council
on health and human services, may adopt by reference, with
or without amendment, nationally recognized standards and
rules, which shall be specified by title and edition, date
of publication, or similar information. The rules and
standards required by this section shall be formulated in
consultation with the director of health and human services or
the director’s designee, with the state fire marshal, and with
affected industry, professional, and consumer groups, and shall
be designed to further the accomplishment of the purposes of
this chapter and shall relate to:
Sec. 172. Section 135C.16, subsection 3, Code 2023, is
amended to read as follows:
3. An authorized representative of the department may
enter any licensed health care facility without a warrant,
and may examine all records pertaining to the care provided
residents of the facility. An authorized representative of the
department may contact or interview any resident, employee, or
any other person who might have knowledge about the operation
of a health care facility. An authorized representative of the
department of health and human services shall have the same
right with respect to any facility where one or more residents
are cared for entirely or partially at public expense, and an
authorized representative of the designated protection and
advocacy agency shall have the same right with respect to
any facility where one or more residents have developmental
disabilities or mental illnesses, and the state fire marshal
or a deputy appointed pursuant to section 135C.9, subsection
1, paragraph “b”, shall have the same right of entry into any
facility and the right to inspect any records pertinent to
fire safety practices and conditions within that facility, and
an authorized representative of the office of long-term care
ombudsman shall have the same right with respect to any nursing
facility or residential care facility. If any such authorized
-126-representative has probable cause to believe that any
institution, building, or agency not licensed as a health care
facility is in fact a health care facility as defined by this
chapter, and upon producing identification that the individual
is an authorized representative is denied entry thereto to
the facility for the purpose of making an inspection, the
authorized representative may, with the assistance of the
county attorney of the county in which the purported health
care facility is located, apply to the district court for an
order requiring the owner or occupant to permit entry and
inspection of the premises to determine whether there have been
any violations of this chapter.
Sec. 173. Section 135C.17, Code 2023, is amended to read as
follows:
135C.17 Duties of other departments.
It shall be the duty of the department of health and
human services, state fire marshal, office of long-term care
ombudsman, and the officers and agents of other state and local
governmental units, and the designated protection and advocacy
agency to assist the department in carrying out the provisions
of this chapter, insofar as the functions of these respective
offices and departments are concerned with the health, welfare,
and safety of any resident of any health care facility. It
shall be the duty of the department to cooperate with the
protection and advocacy agency and the office of long-term
care ombudsman by responding to all reasonable requests for
assistance and information as required by federal law and this
chapter.
Sec. 174. Section 135C.19, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. A copy of each citation required to be posted by this
subsection shall be sent by the department to the department
of health and human services, to the designated protection
and advocacy agency if the facility has one or more residents
with developmental disabilities or mental illness, and to the
-127-office of long-term care ombudsman if the facility is a nursing
facility or residential care facility.
Sec. 175. Section 135C.19, subsection 3, Code 2023, is
amended to read as follows:
3. If the facility cited subsequently advises the
department of health and human services that the violation
has been corrected to the satisfaction of the department of
inspections and appeals, the department of health and human
services shall maintain this advisory in the same file with
the copy of the citation. The department of health and human
services shall not disseminate to the public any information
regarding citations issued by the department of inspections and
appeals, but shall forward or refer inquiries to the department
of inspections and appeals.
Sec. 176. Section 135C.20A, subsection 2, Code 2023, is
amended to read as follows:
2. The report card form shall be developed by the department
in cooperation with representatives of the department on
aging of health and human services, the state long-term care
ombudsman, representatives of certified volunteer long-term
care ombudsmen, representatives of protection and advocacy
entities, consumers, and other interested persons.
Sec. 177. Section 135C.22, Code 2023, is amended to read as
follows:
135C.22 Applicable to governmental units.
The provisions of this chapter shall be applicable to
institutions operated by or under the control of the department
of health and human services, the state board of regents, or
any other governmental unit.
Sec. 178. Section 135C.31A, Code 2023, is amended to read
as follows:
135C.31A Assessment of residents — program eligibility —
prescription drug coverage.
1. A health care facility shall assist the Iowa department
of veterans affairs in identifying, upon admission of a
-128-resident, the resident’s eligibility for benefits through the
United States department of veterans affairs. The department
of inspections and appeals, in cooperation with the department
of health and human services, shall adopt rules to administer
this section, including a provision that ensures that if a
resident is eligible for benefits through the United States
department of veterans affairs or other third-party payor,
the payor of last resort for reimbursement to the health care
facility is the medical assistance program. The rules shall
also require the health care facility to request information
from a resident or resident’s personal representative regarding
the resident’s veteran status and to report to the Iowa
department of veterans affairs only the names of residents
identified as potential veterans along with the names of their
spouses and any dependents. Information reported by the
health care facility shall be verified by the Iowa department
of veterans affairs. This section shall not apply to the
admission of an individual to a state mental health institute
for acute psychiatric care or to the admission of an individual
to the Iowa veterans home.
2. a. If a resident is identified, upon admission to a
health care facility, as eligible for benefits through the
United States department of veterans affairs pursuant to
subsection 1 or through other means, the health care facility
shall allow the resident to access any prescription drug
benefit included in such benefits for which the resident is
also eligible. The health care facility shall also assist the
Iowa department of veterans affairs in identifying individuals
residing in such health care facilities on July 1, 2009, who
are eligible for the prescription drug benefit.
b. The department of inspections and appeals, the department
of veterans affairs, and the department of health and human
services shall identify any barriers to residents in accessing
such prescription drug benefits and shall assist health
care facilities in adjusting their procedures for medication
-129-administration to comply with this subsection.
Sec. 179. Section 135C.33, Code 2023, is amended to read as
follows:
135C.33 Employees and certified nurse aide trainees — child
or dependent adult abuse information and criminal record check
options — evaluations — application to other providers —
penalty.
1. a. For the purposes of this section, the term “crime”
does not include offenses under chapter 321 classified as a
simple misdemeanor or equivalent simple misdemeanor offenses
from another jurisdiction.
b. Prior to employment of a person in a facility or with a
provider as specified in subsection 5, the facility or provider
shall do one of the following:
(1) Request that the department of public safety perform a
criminal history check and the record check evaluation system
of the department of health and human services perform child
and dependent adult abuse record checks of the person in this
state.
(2) Access the single contact repository to perform the
required record checks.
c. (1) If a facility or a provider as specified in
subsection 5 accesses the single contact repository to perform
the required record checks pursuant to paragraph “b”, the
facility or provider may utilize a third-party vendor to
perform a comprehensive preliminary background check and
provisionally employ a person being considered for employment
pending completion of the required record checks through
the single contact repository and the evaluation by the
department of human services record check evaluation system, as
applicable, subject to all of the following:
(a) If the comprehensive preliminary background check
determines that the person being considered for employment has
been convicted of a crime, but the crime does not constitute a
felony as defined in section 701.7 and is not a crime specified
-130-pursuant to chapter 708, 708A, 709, 709A, 710, 710A, 711, or
712, or pursuant to section 726.3, 726.27, or 726.28.
(b) If the comprehensive preliminary background check
determines the person being considered for employment does not
have a record of founded child abuse or dependent adult abuse
or if an exception pursuant to subsection 4 is applicable to
the person.
(c) If the facility or provider has requested an evaluation
in accordance with subsection 2, paragraph “a”, to determine
whether the crime warrants prohibition of the person’s
employment in the facility or with the provider.
(2) The provisional employment under this paragraph “c”
may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
d. A facility or provider shall inform all persons prior
to employment regarding the performance of the record checks
and shall obtain, from the persons, a signed acknowledgment of
the receipt of the information. A facility or provider shall
include the following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime other than a simple
misdemeanor offense relating to motor vehicles and laws of the
road under chapter 321 or equivalent provisions, in this state
or any other state?
2. a. If it is determined that a person being considered
for employment in a facility or with a provider has been
convicted of a crime under a law of any state, the department
of public safety shall notify the facility or provider that
upon the request of the facility or provider the department of
human services record check evaluation system will perform an
evaluation to determine whether the crime warrants prohibition
of the person’s employment in the facility or with the
provider.
-131- b. (1) If a person being considered for employment, other
than employment involving the operation of a motor vehicle, has
been convicted of a crime listed in subparagraph (2) but does
not have a record of founded child or dependent adult abuse
and the facility or provider has requested an evaluation in
accordance with paragraph “a” to determine whether the crime
warrants prohibition of the person’s employment, the facility
or provider may employ the person for not more than sixty
calendar days pending completion of the evaluation.
(2) Subparagraph (1) applies to a crime that is a simple
misdemeanor offense under section 123.47, and to a crime
that is a first offense of operating a motor vehicle while
intoxicated under section 321J.2, subsection 1.
c. If a department of human services record check evaluation
system child or dependent adult abuse record check shows
that such person has a record of founded child or dependent
adult abuse, the department of human services record check
evaluation system shall notify the facility or provider that
upon the request of the facility or provider the department of
human services record check evaluation system will perform an
evaluation to determine whether the founded child or dependent
adult abuse warrants prohibition of employment in the facility
or with the provider.
d. An evaluation performed under this subsection shall
be performed in accordance with procedures adopted for this
purpose by the department of health and human services.
e. (1) If a person owns or operates more than one facility
or a provider owns or operates more than one location, and
an employee of one of such facilities or provider locations
is transferred to another such facility or provider location
without a lapse in employment, the facility or provider is not
required to request additional criminal and child and dependent
adult abuse record checks of that employee.
(2) If the ownership of a facility or provider is
transferred, at the time of transfer the record checks required
-132-by this section shall be performed for each employee for whom
there is no documentation that such record checks have been
performed. The facility or provider may continue to employ
such employee pending the performance of the record checks and
any related evaluation.
3. In an evaluation, the department of human services
record check evaluation system shall consider the nature and
seriousness of the crime or founded child or dependent adult
abuse in relation to the position sought or held, the time
elapsed since the commission of the crime or founded child
or dependent adult abuse, the circumstances under which the
crime or founded child or dependent adult abuse was committed,
the degree of rehabilitation, the likelihood that the person
will commit the crime or founded child or dependent adult
abuse again, and the number of crimes or founded child or
dependent adult abuses committed by the person involved. If
the department of human services record check evaluation system
performs an evaluation for the purposes of this section, the
department of human services record check evaluation system
has final authority in determining whether prohibition of the
person’s employment is warranted.
4. a. Except as provided in subsection 1, paragraph “c”,
subsection 2, and paragraph “b” of this subsection, a person
who has committed a crime or has a record of founded child or
dependent adult abuse shall not be employed in a facility or
with a provider unless an evaluation has been performed by the
department of human services record check evaluation system.
b. A person with a criminal or abuse record who is or was
employed by a facility or provider and is hired by another
facility or provider shall be subject to the criminal history
and abuse record checks required pursuant to subsection 1.
However, if an evaluation was previously performed by the
department of human services record check evaluation system
concerning the person’s criminal or abuse record and it was
determined that the record did not warrant prohibition of
-133-the person’s employment and the latest record checks do not
indicate a crime was committed or founded abuse record was
entered subsequent to that evaluation, the person may commence
employment with the other facility or provider in accordance
with the department of human services’ record check evaluation
system’s evaluation and an exemption from the requirements in
paragraph “a” for reevaluation of the latest record checks
is authorized. Otherwise, the requirements of paragraph “a”
remain applicable to the person’s employment. Authorization
of an exemption under this paragraph “b” from requirements for
reevaluation of the latest record checks by the department of
human services record check evaluation system is subject to all
of the following provisions:
(1) The position with the subsequent employer is
substantially the same or has the same job responsibilities as
the position for which the previous evaluation was performed.
(2) Any restrictions placed on the person’s employment in
the previous evaluation by the department of human services
record check evaluation system shall remain applicable in the
person’s subsequent employment.
(3) The person subject to the record checks has maintained a
copy of the previous evaluation and provides the evaluation to
the subsequent employer or the previous employer provides the
previous evaluation from the person’s personnel file pursuant
to the person’s authorization. If a physical copy of the
previous evaluation is not provided to the subsequent employer,
the record checks shall be reevaluated.
(4) Although an exemption under this paragraph “b” may
be authorized, the subsequent employer may instead request a
reevaluation of the record checks and may employ the person
while the reevaluation is being performed.
5. a. This section shall also apply to prospective
employees of all of the following, if the provider is regulated
by the state or receives any state or federal funding:
(1) An employee of a homemaker-home health aide, home care
-134-aide, adult day services, or other provider of in-home services
if the employee provides direct services to consumers.
(2) An employee of a hospice, if the employee provides
direct services to consumers.
(3) An employee who provides direct services to consumers
under a federal home and community-based services waiver.
(4) An employee of an elder group home certified under
chapter 231B, if the employee provides direct services to
consumers.
(5) An employee of an assisted living program certified
under chapter 231C, if the employee provides direct services
to consumers.
b. In substantial conformance with the provisions of this
section, including the provision authorizing provisional
employment following completion of a comprehensive preliminary
background check, prior to the employment of such an employee,
the provider shall request the performance of the criminal
and child and dependent adult abuse record checks. The
provider shall inform the prospective employee and obtain the
prospective employee’s signed acknowledgment. The department
of human services record check evaluation system shall perform
the evaluation of any criminal record or founded child or
dependent adult abuse record and shall make the determination
of whether a prospective employee of a provider shall not be
employed by the provider.
6. a. This section shall also apply to an employee of
a temporary staffing agency that provides staffing for a
facility, service, program, or other provider regulated by this
section if the employee provides direct services to consumers.
b. In substantial conformance with the provisions of this
section, including the provision authorizing provisional
employment following completion of a comprehensive preliminary
background check, prior to the employment of such an employee,
the temporary staffing agency shall request the performance of
the criminal and child and dependent adult abuse record checks.
-135-The temporary staffing agency shall inform the prospective
employee and obtain the prospective employee’s signed
acknowledgment. The department of human services record check
evaluation system shall perform the evaluation of any criminal
record or founded child or dependent adult abuse record
and shall make the determination of whether a prospective
employee of a temporary staffing agency shall not be employed
by the assisted living program as defined in section 231C.2,
the Medicare certified home health agency, or the facility,
service, program, or other provider regulated by this section.
c. If a person employed by a temporary staffing agency that
is subject to this section is convicted of a crime or has a
record of founded child or dependent adult abuse entered in the
abuse registry after the person’s employment application date,
the person shall inform the temporary staffing agency within
forty-eight hours and the temporary staffing agency shall
inform the facility, service, program, or other provider within
two hours.
d. If a temporary staffing agency fails to comply with the
requirements of this section, the temporary staffing agency
shall be liable to the facility, service, program, or other
provider for any actual damages, including civil penalties, and
reasonable attorney fees.
e. This section shall not apply to employees employed by a
temporary staffing agency for a position that does not provide
direct services to consumers.
7. a. The department of inspections and appeals, in
conjunction with other departments and agencies of state
government involved with criminal history and abuse registry
information, shall establish a single contact repository for
facilities and other providers to have electronic access to
data to perform background checks for purposes of employment,
as required of the facilities and other providers under this
section.
b. The department may access the single contact repository
-136-for any of the following purposes:
(1) To verify data transferred from the department’s nurse
aide registry to the repository.
(2) To conduct record checks of applicants for employment
with the department.
8. a. If a person employed by a facility, service, or
program employer that is subject to this section is convicted
of a crime or has a record of founded child or dependent
adult abuse entered in the abuse registry after the person’s
employment application date, the person shall inform the
employer of such information within forty-eight hours of the
criminal conviction or entry of the record of founded child or
dependent adult abuse. The employer shall act to verify the
information within seven calendar days of notification. If
the information is verified, the requirements of subsections
2, 3, and 4 regarding employability and evaluations shall
be applied by the employer to determine whether or not the
person’s employment is continued. The employer may continue to
employ the person pending the performance of an evaluation by
the department of human services record check evaluation system
to determine whether prohibition of the person’s employment
is warranted. A person who is required by this subsection to
inform the person’s employer of a conviction or entry of an
abuse record and fails to do so within the required period
commits a serious misdemeanor.
b. If a facility, service, or program employer receives
credible information, as determined by the employer, that a
person employed by the employer has been convicted of a crime
or a record of founded child or dependent adult abuse has been
entered in the abuse registry after employment from a person
other than the employee and the employee has not informed
the employer of such information within the period required
under paragraph “a”, the employer shall act to verify the
credible information within seven calendar days of receipt of
the credible information. If the information is verified, the
-137-requirements of subsections 2, 3, and 4 regarding employability
and evaluations shall be applied to determine whether or not
the person’s employment is continued.
c. The employer may notify the county attorney for the
county where the employer is located of any violation or
failure by an employee to notify the employer of a criminal
conviction or entry of an abuse record within the period
required under paragraph “a”.
9. a. For the purposes of this subsection, unless the
context otherwise requires:
(1) “Certified nurse aide training program” means a program
approved in accordance with the rules for such programs adopted
by the department of health and human services for the training
of persons seeking to be a certified nurse aide for employment
in any of the facilities or programs this section applies to or
in a hospital, as defined in section 135B.1.
(2) “Student” means a person applying for, enrolled in, or
returning to a certified nurse aide training program.
b. (1) Prior to a student beginning or returning to a
certified nurse aide training program, the program shall do one
of the following:
(a) Request that the department of public safety perform
a criminal history check and the department of human services
record check evaluation system perform child and dependent
adult abuse record checks, in this state, of the student.
(b) Access the single contact repository to perform the
required record checks.
(2) If a program accesses the single contact repository to
perform the required record checks pursuant to subparagraph
(1), the program may utilize a third-party vendor to perform a
comprehensive preliminary background check to allow a person
to provisionally participate in the clinical component of the
certified nurse aide training program pending completion of the
required record checks through the single contact repository
and the evaluation by the department of human services record
-138-check evaluation system, as applicable, subject to all of the
following:
(a) If the comprehensive preliminary background check
determines that the person being considered for provisional
participation has been convicted of a crime but the crime does
not constitute a felony as defined in section 701.7 and is not
a crime specified pursuant to chapter 708, 708A, 709, 709A,
710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
or 726.28.
(b) If the comprehensive preliminary background check
determines the person being considered for provisional
participation does not have a record of founded child abuse or
dependent adult abuse or if an exception pursuant to subsection
4 is applicable to the person.
(c) If the program has requested an evaluation in accordance
with subsection 2, paragraph “a”, to determine whether the crime
warrants prohibition of the person’s provisional participation.
(d) The provisional participation under this subparagraph
(2) may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
c. If a student has a criminal record or a record of
founded child or dependent adult abuse, the student shall
not be involved in a clinical education component of the
certified nurse aide training program involving children or
dependent adults unless an evaluation has been performed by the
department of human services record check evaluation system.
Upon request of the certified nurse aide training program, the
department of human services record check evaluation system
shall perform an evaluation to determine whether the record
warrants prohibition of the student’s involvement in a clinical
education component of the certified nurse aide training
program involving children or dependent adults. The evaluation
shall be performed in accordance with the criteria specified in
-139-subsection 3, and the department of human services record check
evaluation system shall report the results of the evaluation
to the certified nurse aide training program. The department
of human services record check evaluation system has final
authority in determining whether prohibition of the student’s
involvement in the clinical education component is warranted.
d. (1) If a student’s clinical education component of the
training program involves children or dependent adults but
does not involve operation of a motor vehicle, and the student
has been convicted of a crime listed in subparagraph (2), but
does not have a record of founded child or dependent adult
abuse, and the training program has requested an evaluation in
accordance with paragraph “c” to determine whether the crime
warrants prohibition of the student’s involvement in such
clinical education component, the training program may allow
the student’s participation in the component for not more than
sixty days pending completion of the evaluation.
(2) Subparagraph (1) applies to a crime that is a simple
misdemeanor offense under section 123.47, and to a crime
that is a first offense of operating a motor vehicle while
intoxicated under section 321J.2, subsection 1.
e. (1) If a student is convicted of a crime or has a
record of founded child or dependent adult abuse entered in the
abuse registry after the record checks and any evaluation have
been performed, the student shall inform the certified nurse
aide training program of such information within forty-eight
hours of the criminal conviction or entry of the record of
founded child or dependent adult abuse. The program shall
act to verify the information within seven calendar days of
notification. If the information is verified, the requirements
of paragraph “c” shall be applied by the program to determine
whether or not the student’s involvement in a clinical
education component may continue. The program may allow
the student involvement to continue pending the performance
of an evaluation by the department of human services record
-140-check evaluation system. A student who is required by this
subparagraph to inform the program of a conviction or entry of
an abuse record and fails to do so within the required period
commits a serious misdemeanor.
(2) If a program receives credible information, as
determined by the program, that a student has been convicted
of a crime or a record of founded child or dependent adult
abuse has been entered in the abuse registry after the record
checks and any evaluation have been performed, from a person
other than the student and the student has not informed the
program of such information within the period required under
subparagraph (1), the program shall act to verify the credible
information within seven calendar days of receipt of the
credible information. If the information is verified, the
requirements of paragraph “c” shall be applied to determine
whether or not the student’s involvement in a clinical
education component may continue.
(3) The program may notify the county attorney for the
county where the program is located of any violation or failure
by a student to notify the program of a criminal conviction
or entry of an abuse record within the period required under
subparagraph (1).
f. If a certified nurse aide training program is conducted
by a health care facility and a student of that program
subsequently accepts and begins employment with the facility
within thirty days of completing the program, the criminal
history and abuse registry checks of the student performed
pursuant to this subsection shall be deemed to fulfill the
requirements for such checks prior to employment pursuant to
subsection 1.
Sec. 180. Section 135D.2, subsections 3 and 13, Code 2023,
are amended to read as follows:
3. “Department” means the department of public health and
human services.
13. “Iowa Medicaid enterprise program” means the centralized
-141- medical assistance program infrastructure, based on a business
enterprise model, and designed to foster collaboration among
all program stakeholders by focusing on quality, integrity, and
consistency as defined in section 249A.2.
Sec. 181. Section 135D.6, subsection 2, Code 2023, is
amended to read as follows:
2. A single industry shall not be disproportionately
represented as voting members of the board. The board shall
include at least one member who is a consumer of health
services and a majority of the voting members of the board
shall be representative of participants in the Iowa health
information network. The director of public health and human
services or the director’s designee and the director of the
Iowa Medicaid enterprise program or the director’s designee
shall act as voting members of the board. The commissioner
of insurance shall act as an ex officio, nonvoting member of
the board. Individuals serving in an ex officio, nonvoting
capacity shall not be included in the total number of
individuals authorized as members of the board.
Sec. 182. Section 135D.6, subsection 3, paragraph f, Code
2023, is amended to read as follows:
f. Provide an annual budget and fiscal report for the Iowa
health information network to the governor, the department of
public health and human services, the department of management,
the chairs and ranking members of the legislative government
oversight standing committees, and the legislative services
agency. The report shall also include information about the
services provided through the network and information on the
participant usage of the network.
Sec. 183. Section 135G.10, Code 2023, is amended to read as
follows:
135G.10 Rules.
1. The department of inspections and appeals and the
department of health and human services shall collaborate
in establishing standards for licensing of subacute care
-142-facilities to achieve all of the following objectives:
a. Subacute mental health services are provided based on
sound, proven clinical practice.
b. Subacute mental health services are established in a
manner that allows the services to be included in the federal
medical assistance state plan.
2. It is the intent of the general assembly that subacute
mental health services be included in the Medicaid state
plan adopted for the implementation of the federal Patient
Protection and Affordable Care Act, benchmark plan.
3. The department of inspections and appeals, in
consultation with the department of health and human services
and affected professional groups, shall adopt and enforce rules
setting out the standards for a subacute care facility and the
rights of the residents admitted to a subacute care facility.
The department of inspections and appeals and the department
of health and human services shall coordinate the adoption of
rules and the enforcement of the rules in order to prevent
duplication of effort by the departments and of requirements of
the licensee.
Sec. 184. Section 135G.11, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of a complaint made in accordance with
subsection 1, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a subacute care facility or
a licensee or is without reasonable basis, it shall within
twenty working days of receipt of the complaint make or cause
to be made an on-site inspection of the subacute care facility
which is the subject of the complaint. The department of
inspections and appeals may refer to the department of health
and human services any complaint received by the department
of inspections and appeals if the complaint applies to rules
adopted by the department of health and human services. The
complainant shall also be notified of the name, address, and
-143-telephone number of the designated protection and advocacy
agency if the alleged violation involves a facility with one
or more residents with a developmental disability or mental
illness. In any case, the complainant shall be promptly
informed of the result of any action taken by the department
in the matter.
Sec. 185. Section 135H.4, Code 2023, is amended to read as
follows:
135H.4 Licensure.
A person shall not establish, operate, or maintain a
psychiatric medical institution for children unless the person
obtains a license for the institution under this chapter and
either holds a license under section 237.3, subsection 2,
paragraph “a”, as a comprehensive residential facility for
children or holds a license under section 125.13, if the
facility provides substance abuse use disorder treatment.
Sec. 186. Section 135H.6, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. The department of health and human services has submitted
written approval of the application based on the department
of health and human services’ determination of need. The
department of health and human services shall identify the
location and number of children in the state who require the
services of a psychiatric medical institution for children.
Approval of an application shall be based upon the location
of the proposed psychiatric institution relative to the need
for services identified by the department of health and human
services and an analysis of the applicant’s ability to provide
services and support consistent with requirements under chapter
232, particularly regarding community-based treatment. If
the proposed psychiatric institution is not freestanding from
a facility licensed under chapter 135B or 135C, approval
under this paragraph shall not be given unless the department
of health and human services certifies that the proposed
psychiatric institution is capable of providing a resident with
-144-a living environment similar to the living environment provided
by a licensee which is freestanding from a facility licensed
under chapter 135B or 135C.
Sec. 187. Section 135H.6, subsections 2, 3, 4, and 5, Code
2023, are amended to read as follows:
2. The department of health and human services shall
not give approval to an application which would cause the
total number of beds licensed under this chapter for services
reimbursed by the medical assistance program under chapter 249A
to exceed four hundred thirty beds.
3. In addition to the beds authorized under subsection
2, the department of health and human services may establish
not more than thirty beds licensed under this chapter at the
state mental health institute at Independence. The beds shall
be exempt from the certificate of need requirement under
subsection 1, paragraph “d”.
4. The department of health and human services may give
approval to conversion of beds approved under subsection 2,
to beds which are specialized to provide substance abuse
use disorder treatment. However, the total number of beds
approved under subsection 2 and this subsection shall not
exceed four hundred thirty. Conversion of beds under this
subsection shall not require a revision of the certificate
of need issued for the psychiatric institution making the
conversion. Beds for children who do not reside in this state
and whose service costs are not paid by public funds in this
state are not subject to the limitations on the number of beds
and certificate of need requirements otherwise applicable under
this section.
5. A psychiatric institution licensed prior to July 1, 1999,
may exceed the number of beds authorized under subsection 2
if the excess beds are used to provide services funded from a
source other than the medical assistance program under chapter
249A. Notwithstanding subsection 1, paragraphs “d” and “e”,
and subsection 2, the provision of services using those excess
-145-beds does not require a certificate of need or a review by the
department of health and human services.
Sec. 188. Section 135H.7, Code 2023, is amended to read as
follows:
135H.7 Personnel.
1. A person shall not be allowed to provide services in a
psychiatric institution if the person has a disease which is
transmissible to other persons through required contact in the
workplace, which presents a significant risk of infecting other
persons, which presents a substantial possibility of harming
other persons, or for which no reasonable accommodation can
eliminate the risk of infecting other persons.
2. a. If a person is being considered for licensure under
this chapter, or for employment involving direct responsibility
for a child or with access to a child when the child is alone,
by a licensed psychiatric institution, or if a person will
reside in a facility utilized by a licensee, and if the person
has been convicted of a crime or has a record of founded child
abuse, the department of human services record check evaluation
system and the licensee, for an employee of the licensee, shall
perform an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment, or
residence in the facility. The record check evaluation system
of the department of health and human services shall conduct
criminal and child abuse record checks in this state and may
conduct these checks in other states. The evaluation shall
be performed in accordance with procedures adopted for this
purpose by the department of health and human services.
b. If the department of human services record check
evaluation system determines that a person has committed a
crime or has a record of founded child abuse and is licensed,
employed by a psychiatric institution licensed under this
chapter, or resides in a licensed facility, the department
record check evaluation system shall notify the program
that an evaluation will be conducted to determine whether
-146-prohibition of the person’s licensure, employment, or residence
is warranted.
c. In an evaluation, the department of human services
record check evaluation system and the licensee for an employee
of the licensee shall consider the nature and seriousness of
the crime or founded child abuse in relation to the position
sought or held, the time elapsed since the commission of the
crime or founded child abuse, the circumstances under which
the crime or founded child abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit the
crime or founded child abuse again, and the number of crimes
or founded child abuses committed by the person involved.
The department record check evaluation system may permit a
person who is evaluated to be licensed, employed, or to reside,
or to continue to be licensed, employed, or to reside in a
licensed facility, if the person complies with the department’s
record check evaluation system’s conditions relating to the
person’s licensure, employment, or residence, which may include
completion of additional training. For an employee of a
licensee, these conditional requirements shall be developed
with the licensee. The department of human services record
check evaluation system has final authority in determining
whether prohibition of the person’s licensure, employment,
or residence is warranted and in developing any conditional
requirements under this paragraph.
3. If the department of human services record check
evaluation system determines that the person has committed a
crime or has a record of founded child abuse which warrants
prohibition of licensure, employment, or residence, the
person shall not be licensed under this chapter to operate
a psychiatric institution and shall not be employed by a
psychiatric institution or reside in a facility licensed under
this chapter.
4. In addition to the record checks required under
subsection 2, the department of human services record check
-147-evaluation system may conduct dependent adult abuse record
checks in this state and may conduct these checks in other
states, on a random basis. The provisions of subsections 2 and
3, relative to an evaluation following a determination that a
person has been convicted of a crime or has a record of founded
child abuse, shall also apply to a random dependent adult abuse
record check conducted under this subsection.
5. Beginning July 1, 1994, a A licensee shall inform all new
applicants for employment of the possibility of the performance
of a record check and shall obtain, from the applicant, a
signed acknowledgment of the receipt of the information.
6. On or after July 1, 1994, a A licensee shall include the
following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
Sec. 189. Section 135H.10, Code 2023, is amended to read as
follows:
135H.10 Rules.
1. The department of inspections and appeals, in
consultation with the department of health and human services
and affected professional groups, shall adopt and enforce rules
setting out the standards for a psychiatric medical institution
for children and the rights of the residents admitted to
a psychiatric institution. The department of inspections
and appeals and the department of health and human services
shall coordinate the adoption of rules and the enforcement of
the rules in order to prevent duplication of effort by the
departments and of requirements of the licensee.
2. This chapter shall not be construed as prohibiting the
use of funds appropriated for foster care to provide payment
to a psychiatric medical institution for children for the
financial participation required of a child whose foster care
placement is in a psychiatric medical institution for children.
In accordance with established policies and procedures for
-148-foster care, the department of health and human services shall
act to recover any such payment for financial participation,
apply to be named payee for the child’s unearned income, and
recommend parental liability for the costs of a court-ordered
foster care placement in a psychiatric medical institution.
Sec. 190. Section 135H.12, subsection 1, Code 2023, is
amended to read as follows:
1. Upon receipt of a complaint made in accordance with
section 135H.11, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a psychiatric institution or
a licensee or is without reasonable basis, it shall within
twenty working days of receipt of the complaint make or cause
to be made an on-site inspection of the psychiatric institution
which is the subject of the complaint. The department of
inspections and appeals may refer to the department of health
and human services any complaint received by the department
if the complaint applies to rules adopted by the department
of health and human services. The complainant shall also
be notified of the name, address, and telephone number of
the designated protection and advocacy agency if the alleged
violation involves a facility with one or more residents with
developmental disabilities or mental illness. In any case, the
complainant shall be promptly informed of the result of any
action taken by the department in the matter.
Sec. 191. Section 135J.7, Code 2023, is amended to read as
follows:
135J.7 Rules.
Except as otherwise provided in this chapter, the department
shall adopt rules pursuant to chapter 17A necessary to
implement this chapter, subject to approval of the state board
of council on health and human services. Formulation of the
rules shall include consultation with Iowa hospice organization
representatives and other persons affected by this chapter.
Sec. 192. Section 135L.1, subsection 3, Code 2023, is
-149-amended to read as follows:
3. “Child-placing agency” means any agency, public,
semipublic, or private, which represents itself as placing
children, receiving children for placement, or actually
engaging in placement of children and includes the department
of health and human services.
Sec. 193. Section 135L.2, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Information regarding the options described in the
video including information regarding the agencies and programs
available to provide assistance to the pregnant minor in
parenting a child; information relating to adoption including
but not limited to information regarding child-placing
agencies; and information regarding abortion including but not
limited to the legal requirements relative to the performance
of an abortion on a pregnant minor. The information provided
shall include information explaining that if a pregnant
minor decides to continue the pregnancy to term and to retain
parental rights, the father of the child is liable for the
support of the child and that if the pregnant minor seeks
public assistance on behalf of the child, the pregnant minor
shall, and if the pregnant minor is not otherwise eligible as
a public assistance recipient, the pregnant minor may, seek
the assistance of the child support recovery unit services in
establishing the paternity of the child, and in seeking support
payments for a reasonable amount of the costs associated with
the pregnancy, medical support, and maintenance from the father
of the child, or if the father is a minor, from the parents of
the minor father. The information shall include a listing of
the agencies and programs and the services available from each.
Sec. 194. Section 135L.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The video shall be available through the state and local
offices of the Iowa department of public health, the department
of health and human services, and the judicial branch and
-150-through the office of each licensed physician who performs
abortions.
Sec. 195. Section 135L.3, subsection 3, paragraph m,
subparagraph (4), Code 2023, is amended to read as follows:
(4) The pregnant minor declares that the pregnant minor
is a victim of child abuse pursuant to section 232.68, the
person responsible for the care of the child is a parent of
the child, and either the abuse has been reported pursuant to
the procedures prescribed in chapter 232, subchapter III, part
2, or a parent of the child is named in a report of founded
child abuse. The department of health and human services
shall maintain confidentiality under chapter 232 and shall not
release any information in response to a request for public
records, discovery procedures, subpoena, or any other means,
unless the release of information is expressly authorized by
the pregnant minor regarding the pregnant minor’s pregnancy and
abortion, if the abortion is obtained. A person who knowingly
violates the confidentiality provisions of this subparagraph is
guilty of a serious misdemeanor.
Sec. 196. Section 135L.8, Code 2023, is amended to read as
follows:
135L.8 Adoption of rules — implementation and documents.
The Iowa department of public health and human services
shall adopt rules to implement the notification procedures
pursuant to this chapter including but not limited to rules
regarding the documents necessary for notification of a parent
or grandparent of a pregnant minor who is designated to receive
notification under this chapter.
Sec. 197. Section 135M.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the Iowa department of public health
and human services.
Sec. 198. Section 136A.1, Code 2023, is amended to read as
follows:
136A.1 Purpose.
-151- To reduce and avoid adverse health conditions of inhabitants
of the state, the Iowa department of public health shall
initiate, conduct, and supervise screening and health care
programs in order to detect and predict congenital or inherited
disorders. The department shall assist in the translation and
integration of genetic and genomic advances into public health
services to improve health outcomes throughout the life span of
the inhabitants of the state.
Sec. 199. Section 136A.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the Iowa department of public health
and human services.
Sec. 200. Section 136A.3, Code 2023, is amended to read as
follows:
136A.3 Establishment of center for congenital Congenital and
inherited disorders — department duties.
A center for congenital and inherited disorders is
established within the department. The center department shall
do all of the following:
1. Initiate, conduct, and supervise statewide screening
programs for congenital and inherited disorders amenable to
population screening.
2. Initiate, conduct, and supervise statewide health care
programs to aid in the early detection, treatment, prevention,
education, and provision of supportive care related to
congenital and inherited disorders.
3. Develop specifications for and designate a central
laboratory in which tests conducted pursuant to the screening
programs provided for in subsection 1 will be performed.
4. Gather, evaluate, and maintain information related
to causes, severity, prevention, and methods of treatment
for congenital and inherited disorders in conjunction with
a central registry, screening programs, genetic health care
programs, and ongoing scientific investigations and surveys.
5. Perform surveillance and monitoring of congenital and
-152-inherited disorders to determine the occurrence and trends of
the disorders, to conduct thorough and complete epidemiological
surveys, to assist in the planning for and provision of
services to children with congenital and inherited disorders
and their families, and to identify environmental and genetic
risk factors for congenital and inherited disorders.
6. Provide information related to severity, causes,
prevention, and methods of treatment for congenital and
inherited disorders to the public, medical and scientific
communities, and health science disciplines.
7. Implement public education programs, continuing
education programs for health practitioners, and education
programs for trainees of the health science disciplines related
to genetics, congenital disorders, and inheritable disorders.
8. Participate in policy development to assure the
appropriate use and confidentiality of genetic information and
technologies to improve health and prevent disease.
9. Collaborate with state and local health agencies and
other public and private organizations to provide education,
intervention, and treatment for congenital and inherited
disorders and to integrate genetics and genomics advances into
public health activities and policies.
Sec. 201. Section 136A.3A, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A congenital and inherited disorders advisory committee
is established to assist the center for congenital and
inherited disorders and the department in the development of
programs that ensure the availability and access to quality
genetic and genomic health care services for all Iowans.
3. The advisory committee shall assist the center for
congenital and inherited disorders and the department in
designating the conditions to be included in the newborn
screening and in regularly evaluating the effectiveness and
appropriateness of the newborn screening.
Sec. 202. Section 136A.4, Code 2023, is amended to read as
-153-follows:
136A.4 Genetic health services.
The center department may initiate, conduct, and supervise
genetic health services for the inhabitants of the state,
including the provision of regional genetic consultation
clinics, comprehensive neuromuscular health care outreach
clinics, and other outreach services and clinics as established
by rule.
Sec. 203. Section 136A.5B, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In accordance with the duties prescribed in section 136A.3,
the center for congenital and inherited disorders department
shall collaborate with state and local health agencies
and other public and private organizations to develop and
publish or approve and publish informational materials to
educate and raise awareness of cytomegalovirus and congenital
cytomegalovirus among women who may become pregnant, expectant
parents, parents of infants, attending health care providers,
and others, as appropriate. The materials shall include
information regarding all of the following:
Sec. 204. Section 136A.5B, subsection 2, Code 2023, is
amended to read as follows:
2. An attending health care provider shall provide to a
pregnant woman during the first trimester of the pregnancy the
informational materials published under this section. The
center for congenital and inherited disorders department shall
make the informational materials available to attending health
care providers upon request.
Sec. 205. Section 136A.6, Code 2023, is amended to read as
follows:
136A.6 Central registry.
The center for congenital and inherited disorders department
shall maintain a central registry, or shall establish an
agreement with a designated contractor to maintain a central
registry, to compile, evaluate, retain, and disseminate
-154-information on the occurrence, prevalence, causes, treatment,
and prevention of congenital disorders. Congenital disorders
shall be considered reportable conditions in accordance with
rules adopted by the department and shall be abstracted and
maintained by the registry.
Sec. 206. Section 136A.7, Code 2023, is amended to read as
follows:
136A.7 Confidentiality.
The center for congenital and inherited disorders and
the department shall maintain the confidentiality of any
identifying information collected, used, or maintained pursuant
to this chapter in accordance with section 22.7, subsection 2.
Sec. 207. Section 136A.8, Code 2023, is amended to read as
follows:
136A.8 Rules.
The center for congenital and inherited disorders, with
assistance provided by the Iowa department of public health,
shall adopt rules pursuant to chapter 17A to administer this
chapter.
Sec. 208. Section 136B.1, subsection 1, Code 2023, is
amended to read as follows:
1. As used in this chapter, unless the context otherwise
requires, “department” means the Iowa department of public
health and human services.
Sec. 209. Section 136C.1, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the Iowa department of public health
and human services.
3. “Director” means the director of public health and human
services or the director’s designee.
Sec. 210. Section 136C.3, subsection 2, Code 2023, is
amended to read as follows:
2. Establish minimum training standards including
continuing education requirements, and administer examinations
and disciplinary procedures for operators of radiation machines
-155-and users of radioactive materials. A state of Iowa license
to practice medicine, osteopathic medicine, chiropractic,
podiatry, dentistry, dental hygiene, or veterinary medicine, or
licensure as a physician assistant pursuant to chapter 148C, or
certification by the dental board in dental radiography, or by
the board of podiatry in podiatric radiography, or enrollment
in a program or course of study approved by the Iowa department
of public health which includes the application of radiation to
humans satisfies the minimum training standards for operation
of radiation machines only.
Sec. 211. Section 137.102, Code 2023, is amended to read as
follows:
137.102 Definitions.
As used in this chapter unless the context otherwise
requires:
1. “City board” means a city board of health in existence
prior to July 1, 2010.
2. “City health department” refers to the personnel and
property under the jurisdiction of a city board in existence
prior to July 1, 2010.
3. “Council” means a city the council on health and human
services.
4. “County board” means a county board of health.
5. “County health department” refers to the personnel and
property under the jurisdiction of a county board.
6. “Director” means the director of public health and human
services.
7. “District” means any two or more geographically
contiguous counties.
8. “District board” means a board of health representing
at least two geographically contiguous counties formed with
approval of the state department in accordance with this
chapter, or any district board of health in existence prior to
July 1, 2010.
9. “District health department” refers to the personnel and
-156-property under the jurisdiction of a district board.
10. “Local board of health” means a city, county, or
district board of health.
11. “Officers” means a local board of health chairperson,
vice chairperson, and secretary, and other officers which may
be named at the discretion of the local board of health.
12. “State board” means the state board of health.
13. 12. “State department” or “department” means the Iowa
department of public health and human services.
Sec. 212. Section 137.104, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Make and enforce such reasonable rules and regulations not
inconsistent with law and the rules of the state board council
as may be necessary for the protection and improvement of the
public health.
Sec. 213. Section 137.104, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Rules of a city board shall become effective upon
approval by the city council and publication in a newspaper
having general circulation in the city.
Sec. 214. Section 137.104, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. By written agreement with the city council of any city
within its jurisdiction, enforce appropriate ordinances of the
city relating to public health.
Sec. 215. Section 137.105, subsection 1, paragraphs a and f,
Code 2023, are amended to read as follows:
a. All members of a city board shall be appointed by the
city council.
f. A local board of health member shall serve without
compensation, but may be reimbursed for necessary expenses in
accordance with rules established by the state board council
or the applicable jurisdiction.
Sec. 216. Section 137.107, Code 2023, is amended to read as
-157-follows:
137.107 Request reviewed by state department.
The state department shall review requests submitted
pursuant to section 137.106. The state department, upon
finding that all required elements are present, shall present
findings to the state board council. The state board council
may approve the formation of a district board and if the
formation is approved, shall notify the county boards from whom
the request was received.
Sec. 217. Section 137.114, Code 2023, is amended to read as
follows:
137.114 Withdrawal from district.
A county may withdraw from an existing district board upon
submission of a request for withdrawal to and approval by
the state department. The request shall include a plan to
reform its county board or join a different district board,
information specified in section 137.106, and approval of the
request by the district board and, at the recommendation of
the state department, the state board council. Any county
choosing to withdraw from the district board shall commit to
the continuity of services in its county by reestablishing
its county board or joining a different district board. The
remaining counties in the district shall submit an application
including the information specified in section 137.106 to the
state department for review as provided in section 137.107.
Sec. 218. Section 137.119, Code 2023, is amended to read as
follows:
137.119 Adoption of rules.
The state board of health council shall adopt rules to
implement this chapter. The department is vested with
discretionary authority to interpret the provisions of this
chapter.
Sec. 219. Section 137F.1, subsection 9, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
“Food establishment” means an operation that stores,
-158-prepares, packages, serves, vends, or otherwise provides food
for human consumption and includes a food service operation in
a salvage or distressed food operation, school, summer camp,
residential service substance abuse use disorder treatment
facility, halfway house substance abuse use disorder treatment
facility, correctional facility operated by the department of
corrections, or the state training school. “Food establishment”
does not include the following:
Sec. 220. Section 139A.2, Code 2023, is amended to read as
follows:
139A.2 Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Area quarantine” means prohibiting ingress and egress
to and from a building or buildings, structure or structures,
or other definable physical location, or portion thereof, to
prevent or contain the spread of a suspected or confirmed
quarantinable disease or to prevent or contain exposure to a
suspected or known chemical, biological, radioactive, or other
hazardous or toxic agent.
2. “Business” means and includes every trade, occupation,
or profession.
3. “Care provider” means an individual who is trained
and authorized by federal or state law to provide health
care services or services of any kind in the course of the
individual’s official duties, for compensation or in a
voluntary capacity, who is a health care provider, emergency
medical care provider as defined in section 147A.1, fire
fighter, or peace officer. “Care provider” also means an
individual who renders emergency care or assistance in an
emergency or due to an accident as described in section 613.17.
4. “Communicable disease” means any disease spread from
person to person or animal to person.
5. “Contagious or infectious disease” means hepatitis in
any form, meningococcal disease, AIDS or HIV as defined in
-159-section 141A.1, tuberculosis, and any other disease determined
to be life-threatening to a person exposed to the disease as
established by rules adopted by the department, based upon a
determination by the state epidemiologist and in accordance
with guidelines of the centers for disease control and
prevention of the United States department of health and human
services.
6. “Department” means the Iowa department of public health
and human services.
7. “Designated officer” means a person who is designated by
a department, agency, division, or service organization to act
as an infection control liaison officer.
8. “Director” means the director of health and human
services.
8. 9. “Exposure” means a specific eye, mouth, other mucous
membrane, nonintact skin, or parenteral contact with blood or
other potentially infectious bodily fluids.
9. 10. “Exposure-prone procedure” means a procedure
performed by a health care provider which presents a recognized
risk of percutaneous injury to the health care provider and
if such an injury occurs, the health care provider’s blood
is likely to contact a patient’s body cavity, subcutaneous
tissues, or mucous membranes, or an exposure-prone procedure as
defined by the centers for disease control and prevention of
the United States department of health and human services.
10. 11. “HBV” means hepatitis B virus.
11. 12. “Health care facility” means a health care facility
as defined in section 135C.1, an ambulatory surgical center,
or a clinic.
12. 13. “Health care provider” means a person licensed
to practice medicine and surgery, osteopathic medicine
and surgery, chiropractic, podiatry, nursing, dentistry,
optometry, or as a physician assistant, dental hygienist, or
acupuncturist.
13. 14. “HIV” means HIV as defined in section 141A.1.
-160- 14. 15. “Hospital” means hospital as defined in section
135B.1.
15. 16. “Isolation” means the separation of persons or
animals presumably or actually infected with a communicable
disease or who are disease carriers for the usual period of
communicability of that disease in such places, marked by
placards if necessary, and under such conditions as will
prevent the direct or indirect conveyance of the infectious
agent or contagion to susceptible persons.
16. 17. “Local board” means the local board of health.
17. 18. “Local department” means the local health
department.
18. 19. “Placard” means a warning sign to be erected and
displayed on the periphery of a quarantine area, forbidding
entry to or exit from the area.
19. 20. “Public health disaster” means public health
disaster as defined in section 135.140.
20. 21. “Quarantinable disease” means any communicable
disease designated by rule adopted by the department as
requiring quarantine or isolation to prevent its spread.
21. 22. “Quarantine” means the limitation of freedom
of movement of persons or animals that have been exposed to
a quarantinable disease within specified limits marked by
placards for a period of time equal to the longest usual
incubation period of the disease in such manner as to prevent
the spread of a quarantinable disease which affects people.
22. 23. “Reportable disease” means any disease designated
by rule adopted by the department requiring its occurrence to
be reported to an appropriate authority.
23. 24. “Sexually transmitted disease or infection”
means a disease or infection as identified by rules adopted
by the department, based upon a determination by the state
epidemiologist and in accordance with guidelines of the
centers for disease control and prevention of the United States
department of health and human services.
-161- 24. 25. “Significant exposure” means a situation in which
there is a risk of contracting disease through exposure to
a person’s infectious bodily fluids in a manner capable of
transmitting an infectious agent as determined by the centers
for disease control and prevention of the United States
department of health and human services and adopted by rule of
the department.
25. 26. “Terminal cleaning” means cleaning procedures
defined in the isolation guidelines issued by the centers for
disease control and prevention of the United States department
of health and human services.
Sec. 221. Section 139A.3, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. Notwithstanding paragraph “b”, information contained in
the report may be reported in public health records in a manner
which prevents the identification of any person or business
named in the report. If information contained in the report
concerns a business, information disclosing the identity of
the business may be released to the public when the state
epidemiologist or the director of public health determines such
a release of information necessary for the protection of the
health of the public.
Sec. 222. Section 139A.8, subsection 3, Code 2023, is
amended to read as follows:
3. Subject to the provision of subsection 4, the state board
of council on health and human services may modify or delete
any of the immunizations in subsection 2.
Sec. 223. Section 139A.8, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The exemptions under this subsection do not apply in
times of emergency or epidemic as determined by the state board
of council on health and human services and as declared by the
director of public health and human services.
Sec. 224. Section 139A.9, Code 2023, is amended to read as
follows:
-162- 139A.9 Forcible removal — isolation — quarantine.
The forcible removal and isolation or quarantine of any
infected person shall be accomplished according to the rules
and regulations of the local board or the rules of the state
board of council on health and human services.
Sec. 225. Section 141A.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Department” means the Iowa department of public health
and human services.
Sec. 226. Section 141A.2, subsection 6, Code 2023, is
amended to read as follows:
6. The department, with the approval of the state
board of council on health and human services, may conduct
epidemiological blinded and nonblinded studies to determine
the incidence and prevalence of HIV infection. Initiation
of any new epidemiological studies shall be contingent upon
the receipt of funding sufficient to cover all the costs
associated with the studies. The informed consent, reporting,
and counseling requirements of this chapter shall not apply to
blinded studies.
Sec. 227. Section 141A.4, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. All persons having a history of injecting drug abuse use
disorder.
Sec. 228. Section 141A.9, subsection 2, paragraph j, Code
2023, is amended to read as follows:
j. To employees of state correctional institutions subject
to the jurisdiction of the department of corrections, employees
of secure facilities for juveniles subject to the department
of health and human services, and employees of city and county
jails, if the employees have direct supervision over inmates of
those facilities or institutions in the exercise of the duties
prescribed pursuant to section 80.9B.
Sec. 229. Section 142.1, Code 2023, is amended to read as
follows:
-163- 142.1 Delivery of bodies.
The body of every person dying in a public asylum, hospital,
county care facility, penitentiary, or reformatory in this
state, or found dead within the state, or which is to be buried
at public expense in this state, except those buried under the
provisions of chapter 144C or 249, and which is suitable for
scientific purposes, shall be delivered to the medical college
of the state university, or some osteopathic or chiropractic
college or school located in this state, which has been
approved under the law regulating the practice of osteopathic
medicine or chiropractic; but no such body shall be delivered
to any such college or school if the deceased person expressed
a desire during the person’s last illness that the person’s
body should be buried or cremated, nor if such is the desire
of the person’s relatives. Such bodies shall be equitably
distributed among said colleges and schools according to their
needs for teaching anatomy in accordance with such rules as
may be adopted by the Iowa department of public health and
human services. The expense of transporting said bodies to
such college or school shall be paid by the college or school
receiving the same. If the deceased person has not expressed
a desire during the person’s last illness that the person’s
body should be buried or cremated and no person authorized to
control the deceased person’s remains under section 144C.5
requests the person’s body for burial or cremation, and if a
friend objects to the use of the deceased person’s body for
scientific purposes, said deceased person’s body shall be
forthwith delivered to such friend for burial or cremation at
no expense to the state or county. Unless such friend provides
for burial and burial expenses within five days, the body shall
be used for scientific purposes under this chapter.
Sec. 230. Section 142.2, Code 2023, is amended to read as
follows:
142.2 Furnished to physicians.
When there are more dead bodies available for use under
-164-section 142.1 than are desired by said colleges or schools, the
same may be delivered to physicians in the state for scientific
study under such rules as may be adopted by the Iowa department
of public health and human services.
Sec. 231. Section 142.3, Code 2023, is amended to read as
follows:
142.3 Notification of department.
Every county medical examiner, funeral director or embalmer,
and the managing officer of every public asylum, hospital,
county care facility, penitentiary, or reformatory, as soon
as any dead body shall come into the person’s custody which
may be used for scientific purposes as provided in sections
142.1 and 142.2, shall at once notify the nearest relative
or friend of the deceased, if known, and the Iowa department
of public health and human services, and hold such body
unburied for forty-eight hours. Upon receipt of notification,
the department shall issue verbal or written instructions
relative to the disposition to be made of said body. Complete
jurisdiction over said bodies is vested exclusively in the Iowa
department of public health and human services. No autopsy or
post mortem, except as are legally ordered by county medical
examiners, shall be performed on any of said bodies prior to
their delivery to the medical schools.
Sec. 232. Section 142.9, Code 2023, is amended to read as
follows:
142.9 Failure to deliver dead body.
Any person having the custody of the dead body of any human
being which is required to be delivered for scientific purposes
by this chapter, who shall fail to notify the Iowa department
of public health and human services of the existence of such
body, or fail to deliver the same in accordance with the
instructions of the department, shall be guilty of a simple
misdemeanor.
Sec. 233. Section 142A.2, Code 2023, is amended to read as
follows:
-165- 142A.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the division
of tobacco use prevention and control.
2. 1. “Commission” means the commission on tobacco use
prevention and control established in this chapter.
3. 2. “Community partnership” means a public agency or
nonprofit organization implementing the tobacco use prevention
and control initiative in a local area in accordance with this
chapter.
4. 3. “Department” means the Iowa department of public
health and human services.
5. 4. “Director” means the director of public health and
human services.
6. “Division” means the division of tobacco use prevention
and control of the Iowa department of public health,
established pursuant to this chapter.
7. 5. “Initiative” means the comprehensive tobacco use
prevention and control initiative established in this chapter.
8. 6. “Manufacturer” means manufacturer as defined in
section 453A.1.
9. 7. “Pregnant woman” means a female of any age who is
pregnant.
10. 8. “School-age youth” means a person attending school
in kindergarten through grade twelve.
11. 9. “Tobacco” means both cigarettes and tobacco products
as defined in section 453A.1.
12. 10. “Youth” means a person who is five through
twenty-four years of age.
Sec. 234. Section 142A.3, Code 2023, is amended to read as
follows:
142A.3 Tobacco use prevention and control — division —
commission — created.
1. The department shall establish, as a separate and
-166-distinct division within the department, a division of tobacco
use prevention and control. The division shall develop,
implement, and administer the initiative established in this
chapter and shall perform other duties as directed by this
chapter or as assigned by the director of public health.
2. A commission on tobacco use prevention and control
is established to develop policy, provide direction for
the initiative, and perform all other duties related to
the initiative and other tobacco use prevention and control
activities as directed by this chapter or referred to the
commission by the director of public health.
3. The membership of the commission shall include the
following voting members who shall serve three-year, staggered
terms:
a. Members, at least one of whom is a member of a racial
minority, to be appointed by the governor, subject to
confirmation by the senate pursuant to sections 2.32 and 69.19,
and consisting of the following:
(1) Three members who are active with nonprofit health
organizations that emphasize tobacco use prevention or who are
active as health services providers, at the local level.
(2) Three members who are active with health promotion
activities at the local level in youth education, nonprofit
services, or other activities relating to tobacco use
prevention and control.
b. Three voting members, to be selected by the participants
in the annual statewide youth summit of the initiative’s youth
program, who shall not be subject to section 69.16 or 69.16A.
However, the selection process shall provide for diversity
among the members and at least one of the youth members shall
be a female.
4. The commission shall also include the following ex
officio, nonvoting members:
a. Four members of the general assembly, with not more than
one member from each chamber being from the same political
-167-party. The majority leader of the senate and the minority
leader of the senate shall each appoint one of the senate
members. The majority leader of the house of representatives
and the minority leader of the house of representatives shall
each appoint one of the house members.
b. The presiding officer of the statewide youth executive
body, selected by the delegates to the statewide youth summit.
5. In addition to the members of the commission, the
following agencies, organizations, and persons shall each
assign a single liaison to the commission to provide assistance
to the commission in the discharge of the commission’s duties:
a. The department of education.
b. The drug policy coordinator director.
c. The department of justice, office of the attorney
general.
d. The department of human services.
6. Citizen members shall be reimbursed for actual and
necessary expenses incurred in performance of their duties.
Citizen members shall be paid a per diem as specified in
section 7E.6. Legislative members are eligible for per diem
and expenses as provided in section 2.10.
7. A member of the commission who is convicted of a crime
relating to tobacco, alcohol, or controlled substances is
subject to removal from the commission.
8. A vacancy on the commission other than for the youth
members shall be filled in the same manner as the original
appointment for the balance of the unexpired term. A youth
member vacancy shall be filled by the presiding officer of the
statewide executive body as selected by the delegates to the
statewide youth summit.
9. The commission shall elect a chairperson from among its
voting members and may select other officers from among its
voting members, as determined necessary by the commission.
The commission shall meet regularly as determined by the
commission, upon the call of the chairperson, or upon the call
-168-of a majority of the voting members.
10. The commission may designate an advisory council. The
commission shall determine the membership and representation
of the advisory council and members of the council shall serve
at the pleasure of the commission. The advisory council may
include representatives of health care provider groups, parent
groups, antitobacco advocacy programs and organizations,
research and evaluation experts, and youth organizers.
Sec. 235. Section 142A.4, Code 2023, is amended to read as
follows:
142A.4 Commission duties.
The commission shall do all of the following:
1. Develop and implement the comprehensive tobacco use
prevention and control initiative as provided in this chapter.
2. Provide a forum for the discussion, development, and
recommendation of public policy alternatives in the field of
tobacco use prevention and control.
3. Develop an educational component of the initiative.
Educational efforts provided through the school system shall be
developed in conjunction with the department of education.
4. Develop a plan for implementation of the initiative in
accordance with the purpose and intent specified in section
142A.1.
5. Provide for technical assistance, training, and other
support under the initiative.
6. Take actions to develop and implement a statewide
system for the initiative programs that are delivered through
community partnerships.
7. Manage and coordinate the provision of funding and other
moneys available to the initiative by combining all or portions
of appropriations or other revenues as authorized by law.
8. Assist with the linkage of the initiative with child
welfare and juvenile justice decategorization projects,
education programming, early childhood Iowa areas, and other
programs and services directed to youth at the state and
-169-community level.
9. a. Coordinate and respond to any requests from a
community partnership relating to any of the following:
(1) Removal of barriers to community partnership efforts.
(2) Pooling and redirecting of existing federal, state, or
other public or private funds available for purposes that are
consistent with the initiative.
(3) Seeking of federal waivers to assist community
partnership efforts.
b. In coordinating and responding to the requests, the
commission shall work with state agencies, the governor, and
the general assembly as necessary to address requests deemed
appropriate by the commission.
10. Adopt rules pursuant to chapter 17A as necessary for
the designation, governance, and oversight of the initiative
and the implementation of this chapter. The commission shall
provide for community partnership and youth program input in
the rules adoption process. The rules shall include but are
not limited to all of the following:
a. Performance indicators for initiative programs, community
partnerships, and the services provided under the auspices of
community partnerships. The performance indicators shall be
developed with input from communities.
b. Minimum standards to further the provision of equal
access to services.
11. Monitor and evaluate the effectiveness of performance
measures utilized under the initiative.
12. Submit a report to the governor and the general assembly
on a periodic basis, during the initial year of operation,
and on an annual basis thereafter, regarding the initiative,
including demonstrated progress based on performance
indicators. The commission shall report more frequently if
requested by the joint appropriations subcommittee that makes
recommendations concerning the commission’s budget. Beginning
July 1, 2005, the commission shall also perform a comprehensive
-170-review of the initiative and shall submit a report of its
findings to the governor and the general assembly on or before
December 15, 2005.
13. Represented by the chairperson of the commission,
annually appear before the joint appropriations subcommittee
that makes recommendations concerning the commission’s budget
to report on budget expenditures and division department
operations relative to the prior fiscal year and the current
fiscal year.
14. Advise the director in evaluating potential candidates
for the position of administrator, consult with the director
in the hiring of the administrator, and review and advise
the director on the performance of the administrator in the
discharge of the administrator’s duties.
15. 14. Prioritize funding needs and the allocation of
moneys appropriated and other resources available for the
programs and activities of the initiative.
16. 15. Review fiscal needs of the initiative and make
recommendations to the director in the development of budget
requests.
17. 16. Solicit and accept any gift of money or property,
including any grant of money, services, or property from the
federal government, the state, a political subdivision, or
a private source that is consistent with the goals of the
initiative. The commission shall adopt rules prohibiting the
acceptance of gifts from a manufacturer of tobacco products.
18. 17. Advise and make recommendations to the governor,
the general assembly, and the director, and the administrator,
relative to tobacco use, treatment, intervention, prevention,
control, and education programs in the state.
19. 18. Evaluate the work of the division and the
department relating to the initiative. For this purpose, the
commission shall have access to any relevant department records
and documents, and other information reasonably obtainable by
the department.
-171- 20. 19. Develop the structure for the statewide youth
summit to be held annually.
21. 20. Approve the content of any materials distributed
by the youth program pursuant to section 142A.9, prior to
distribution of the materials.
Sec. 236. Section 142A.5, Code 2023, is amended to read as
follows:
142A.5 Director and administrator Department duties.
1. The director department shall do all of the following:
a. Establish and maintain the division of tobacco use
prevention and control.
b. Employ a separate division administrator, in accordance
with the requirements of section 142A.4, subsection 14, in a
full-time equivalent position whose sole responsibility and
duty shall be the administration and oversight of the division.
The division administrator shall report to and shall serve
at the pleasure of the director. The administrator shall
be exempt from the merit system provisions of chapter 8A,
subchapter IV.
c. 1. Coordinate all tobacco use prevention and control
programs and activities under the purview of the department.
d. 2. Receive and review budget recommendations from the
commission. The director shall consider these recommendations
in developing the budget request for the department.
2. The administrator shall do all of the following:
a. 3. Implement the initiative, coordinate the activities
of the commission and the initiative, and coordinate other
tobacco use prevention and control activities as assigned by
the director.
b. 4. Monitor and evaluate the effectiveness of performance
measures.
c. 5. Provide staff and administrative support to the
commission.
d. 6. Administer contracts entered into under this chapter.
e. 7. Coordinate and cooperate with other tobacco use
-172-prevention and control programs within and outside of the
state.
f. 8. Provide necessary information to the commission
to assist the commission in making its annual report to the
joint appropriations subcommittee pursuant to section 142A.4,
subsection 13, and in fulfilling other commission duties
pursuant to section 142A.4.
Sec. 237. Section 142A.6, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. A comprehensive tobacco use prevention and control
initiative is established. The division department shall
implement the initiative as provided in this chapter.
4. The division department shall implement the initiative
in a manner that ensures that youth are extensively involved
in the decision making for the programs implemented under
the initiative. The initiative shall also involve parents,
schools, and community members in activities to achieve the
results desired for the initiative. The division department
shall encourage collaboration at the state and local levels
to maximize available resources and to provide flexibility to
support community efforts.
Sec. 238. Section 142C.15, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. An anatomical gift public awareness and transplantation
fund is created as a separate fund in the state treasury
under the control of the Iowa department of public health and
human services. The fund shall consist of moneys remitted
by the county treasurer of a county or by the department of
transportation which were collected through the payment of a
contribution made by an applicant for registration of a motor
vehicle pursuant to section 321.44A and any other contributions
to the fund.
2. The moneys collected under this section and deposited
in the fund are appropriated to the Iowa department of public
health and human services for the purposes specified in
-173-this section. Moneys in the fund shall not be subject to
appropriation or expenditure for any other purpose.
Sec. 239. Section 142C.15, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The Iowa department of public health and human services may
use not more than five percent of the moneys in the fund for
administrative costs. The remaining moneys in the fund may
be expended through grants to any of the following persons,
subject to the following conditions:
Sec. 240. Section 142C.17, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The Iowa department of public health and human services, in
conjunction with any statewide organ procurement organization
in Iowa, shall prepare and submit a report to the general
assembly on or before January 1 each year regarding organ
donation rates and voluntary compliance efforts with hospital
organ and tissue donation protocols by physicians, hospitals,
and other health systems organizations. The report shall
contain the following:
Sec. 241. Section 142C.18, subsection 1, Code 2023, is
amended to read as follows:
1. The director department of public health and human
services shall contract with and recognize the Iowa donor
registry for the purpose of indicating on the donor registry
all relevant information regarding a donor’s making or amending
of an anatomical gift.
Sec. 242. Section 142D.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 3A. “Department” means the department of
health and human services.
Sec. 243. Section 142D.6, subsection 3, Code 2023, is
amended to read as follows:
3. The owner, operator, manager, or other person having
custody or control of a public place, place of employment,
area declared a nonsmoking place pursuant to section 142D.5,
-174-or outdoor area where smoking is prohibited under this
chapter shall clearly and conspicuously post in and at every
entrance to the public place, place of employment, area
declared a nonsmoking place pursuant to section 142D.5, or
outdoor area, “no smoking” signs or the international “no
smoking” symbol. Additionally, a “no smoking” sign or the
international “no smoking” symbol shall be placed in every
vehicle that constitutes a public place, place of employment,
or area declared a nonsmoking place pursuant to section 142D.5
under this chapter, visible from the exterior of the vehicle.
All signs shall contain the telephone number for reporting
complaints and the internet site of the department of public
health. The owner, operator, manager, or other person having
custody or control of the public place, place of employment,
area declared a nonsmoking place pursuant to section 142D.5,
or outdoor area may use the sample signs provided on the
department of public health’s department’s internet site, or
may use another sign if the contents of the sign comply with
the requirements of this subsection.
Sec. 244. Section 142D.8, Code 2023, is amended to read as
follows:
142D.8 Enforcement.
1. This chapter shall be enforced by the department of
public health or the department’s designee. The department of
public health shall adopt rules to administer this chapter,
including rules regarding enforcement. The department
of public health shall provide information regarding the
provisions of this chapter and related compliance issues to
employers, owners, operators, managers, and other persons
having custody or control of a public place, place of
employment, area declared a nonsmoking place pursuant to
section 142D.5, or outdoor area where smoking is prohibited,
and the general public via the department’s internet site. The
internet site shall include sample signage and the telephone
number for reporting complaints. Judicial magistrates shall
-175-hear and determine violations of this chapter.
2. If a public place is subject to any state or political
subdivision inspection process or is under contract with the
state or a political subdivision, the person performing the
inspection shall assess compliance with the requirements of
this chapter and shall report any violations to the department
of public health or the department’s designee.
3. An owner, operator, manager, or other person having
custody or control of a public place, place of employment, area
declared a nonsmoking place pursuant to section 142D.5, or
outdoor area regulated under this chapter shall inform persons
violating this chapter of the provisions of this chapter.
4. An employee or private citizen may bring a legal action
to enforce this chapter. Any person may register a complaint
under this chapter by filing a complaint with the department of
public health or the department’s designee.
5. In addition to the remedies provided in this section, the
department of public health or the department’s designee or any
other person aggrieved by the failure of the owner, operator,
manager, or other person having custody or control of a public
place, place of employment, area declared a nonsmoking place
pursuant to section 142D.5, or outdoor area regulated by this
chapter to comply with this chapter may seek injunctive relief
to enforce this chapter.
Sec. 245. Section 142D.9, subsection 5, Code 2023, is
amended to read as follows:
5. Violation of this chapter constitutes a public nuisance
which may be abated by the department of public health or the
department’s designee by restraining order, preliminary or
permanent injunction, or other means provided by law, and the
entity abating the public nuisance may take action to recover
the costs of such abatement.
Sec. 246. Section 144.1, Code 2023, is amended to read as
follows:
144.1 Definitions.
-176- As used in this chapter, unless the context otherwise
requires:
1. “Board” means the state board of health.
2. “Book”, “list”, “record”, or “schedule” kept by a county
auditor, assessor, treasurer, recorder, sheriff, or other
county officer means the county system as defined in section
445.1.
3. 1. “Court of competent jurisdiction” when used to refer
to inspection of an original certificate of birth based upon an
adoption means the court where the adoption was ordered.
4. 2. “Cremated remains” means all the remains of the
cremated human body recovered after the completion of the
cremation process, including pulverization which leaves only
bone fragments reduced to unidentifiable dimensions, and may
include the residue of any foreign matter including casket
material, bridgework, or eyeglasses that were cremated with the
human remains.
5. 3. “Cremation” means the technical process, using
heat and flame, that reduces human remains to bone fragments,
with the reduction taking place through heat and evaporation.
Cremation shall include the processing, and may include the
pulverization, of the bone fragments.
6. 4. “Dead body” means a lifeless human body or parts
or bones of a body, if, from the state of the body, parts,
or bones, it may reasonably be concluded that death recently
occurred.
7. 5. “Department” means the Iowa department of public
health and human services.
8. “Division” means a division, within the department, for
records and statistics.
9. 6. “Fetal death” means death prior to the complete
expulsion or extraction from its mother of a product of human
conception, irrespective of the duration of pregnancy. Death
is indicated by the fact that after expulsion or extraction
the fetus does not breathe or show any other evidence of life
-177-such as beating of the heart, pulsation of the umbilical cord,
or definite movement of voluntary muscles. In determining a
fetal death, heartbeats shall be distinguished from transient
cardiac contractions, and respirations shall be distinguished
from fleeting respiratory efforts or gasps.
10. 7. “Filing” means the presentation of a certificate,
report, or other record, provided for in this chapter, of a
birth, death, fetal death, adoption, marriage, dissolution, or
annulment for registration by the division department.
11. 8. “Final disposition” means the burial, interment,
cremation, removal from the state, or other disposition of a
dead body or fetus.
12. 9. “Institution” means any establishment, public
or private, which provides inpatient medical, surgical,
or diagnostic care or treatment, or nursing, custodial, or
domiciliary care to two or more unrelated individuals, or to
which persons are committed by law.
13. 10. “Live birth” means the complete expulsion or
extraction from its mother of a product of human conception,
irrespective of the duration of pregnancy, which, after
such expulsion or extraction, breathes or shows any other
evidence of life such as beating of the heart, pulsation of
the umbilical cord, or definite movement of voluntary muscles,
whether or not the umbilical cord has been cut or the placenta
is attached. In determining a live birth, heartbeats shall
be distinguished from transient cardiac contractions, and
respirations shall be distinguished from fleeting respiratory
efforts or gasps.
11. “Record” kept by a county auditor, assessor, treasurer,
recorder, sheriff, or other county officer means the county
system as defined in section 445.1.
14. 12. “Registration” means the process by which vital
statistic records are completed, filed, and incorporated by the
division department in the division’s department’s official
records.
-178- 15. 13. “State registrar” means the state registrar of
vital statistics.
16. 14. “System of vital statistics” includes the
registration, collection, preservation, amendment, and
certification of vital statistics records, and activities and
records related thereto to the records including the data
processing, analysis, and publication of statistical data
derived from such records.
17. 15. “Vital statistics” means records of births, deaths,
fetal deaths, adoptions, marriages, dissolutions, annulments,
and data related thereto to the records.
Sec. 247. Section 144.2, Code 2023, is amended to read as
follows:
144.2 Division of records Records and statistics.
There is established in the The department a division for
records and statistics which shall install, maintain, and
operate the system of vital statistics throughout the state.
No system for the registration of births, deaths, fetal deaths,
adoptions, marriages, dissolutions, and annulments, shall be
maintained in the state or any of its political subdivisions
other than the one provided for in this chapter. Suitable
quarters shall be provided for the division department
by the executive council at the seat of government. The
quarters shall be properly equipped for the permanent and safe
preservation of all official records made and returned under
this chapter.
Sec. 248. Section 144.4, Code 2023, is amended to read as
follows:
144.4 Registrar State registrar.
The director of public health or the director’s designee
shall be the state registrar of vital statistics and shall
carry out the provisions of this chapter.
Sec. 249. Section 144.5, Code 2023, is amended to read as
follows:
144.5 Duties of state registrar.
-179- The state registrar shall do all of the following:
1. Administer and enforce this chapter and the rules issued
under this chapter, and issue instructions for the efficient
administration of the statewide system of vital statistics and
the division for records and statistics.
2. Direct and supervise the statewide system of vital
statistics and the division for records and statistics and be
custodian of its records.
3. Direct, supervise, and control the activities of clerks
of the district court and county recorders related to the
operation of the vital statistics system and provide registrars
with necessary postage.
4. Prescribe, print, and distribute the forms required by
this chapter and prescribe any other means for transmission of
data, as necessary to accomplish complete, accurate reporting.
5. Prepare and publish annual reports of vital statistics of
this state and other reports as may be required.
6. Delegate functions and duties vested in the state
registrar to officers, to employees of the department, to the
clerks of the district court, and to the county registrars as
the state registrar deems necessary or expedient.
7. Provide, by rules, for appropriate morbidity reporting.
Sec. 250. Section 144.12A, subsection 4, Code 2023, is
amended to read as follows:
4. The department shall, upon request, provide the name,
address, social security number, and any other identifying
information of a registrant to the biological mother of
the child; a court; the department of human services; the
attorney of any party to an adoption, termination of parental
rights, or establishment of paternity or support action; or
to the child support recovery unit services for an action to
establish paternity or support; or any other subunit of the
department subject to prior approval by the state registrar.
The information shall not be divulged to any other person and
shall be considered a confidential record as to any other
-180-person, except upon order of the court for good cause shown.
If the registry has not received a declaration of paternity,
the department shall provide a written statement to that effect
to the person making the inquiry.
Sec. 251. Section 144.13, subsection 4, Code 2023, is
amended to read as follows:
4. The division state registrar shall make all of the
following available to the child support recovery unit
services, upon request:
a. A copy of a child’s birth certificate.
b. The social security numbers of the mother and the father.
c. A copy of the affidavit of paternity if filed pursuant
to section 252A.3A and any subsequent rescission form which
rescinds the affidavit.
d. Information, other than information for medical and
health use only, identified on a child’s birth certificate or
on an affidavit of paternity filed pursuant to section 252A.3A.
The information may be provided as mutually agreed upon by the
division state registrar and the child support recovery unit
services, including by automated exchange.
Sec. 252. Section 144.13A, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. Ten dollars of each registration fee is appropriated and
shall be used for primary and secondary child abuse prevention
programs pursuant to section 235A.1, and ten dollars of each
registration fee is appropriated and shall be used for the
center for congenital and inherited disorders central registry
established pursuant to section 136A.6. Notwithstanding
section 8.33, moneys appropriated in this paragraph that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure
for the purposes designated until the close of the succeeding
fiscal year, and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this paragraph.
-181- Sec. 253. Section 144.26, Code 2023, is amended to read as
follows:
144.26 Death certificate.
1. a. A death certificate for each death which occurs
in this state shall be filed as directed by the state
registrar within three days after the death and prior to final
disposition, and shall be registered by the county registrar
if it has been completed and filed in accordance with this
chapter. A death certificate shall include the social security
number, if provided, of the deceased person. All information
including the certifying physician’s, physician assistant’s,
or advanced registered nurse practitioner’s name shall be
typewritten.
b. A physician assistant or an advanced registered nurse
practitioner authorized to sign a death certificate shall be
licensed in this state and shall have been in charge of the
deceased patient’s care.
2. All information included on a death certificate may
be provided as mutually agreed upon by the division state
registrar and the child support recovery unit services,
including by automated exchange.
3. a. The county in which a dead body is found is the
county of death. If death occurs in a moving conveyance,
the county in which the dead body is first removed from the
conveyance is the county of death.
b. If a decedent died outside of the county of the
decedent’s residence, the state registrar shall send a copy
of the decedent’s death certificate and any amendments to the
county registrar of the county of the decedent’s residence.
The county registrar shall record a death certificate received
pursuant to this paragraph in the same records in which the
death certificate of a decedent who died within the county
is recorded. The state registrar may provide the county
registrars with electronic access to vital records in lieu of
the requirements of this paragraph.
-182- 4. a. The department shall establish by rule procedures
for making a finding of presumption of death when no body
can be found. The department shall also provide by rule
the responsibility for completing and signing the medical
certification of cause of death in such circumstances. The
presumptive death certificate shall be in a form prescribed by
the state registrar and filed in the county where the death was
presumed to occur.
b. The division department shall provide for the correction,
substitution, or removal of a presumptive death certificate
when the body of the person is later found, additional facts
are discovered, or the person is discovered to be alive.
5. Upon the activation of an electronic death record system,
each person with a duty related to death certificates shall
participate in the electronic death record system. A person
with a duty related to a death certificate includes but is not
limited to a physician as defined in section 135.1, a physician
assistant, an advanced registered nurse practitioner, a funeral
director, and a county recorder.
Sec. 254. Section 144.29A, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. The maternal health services region of the Iowa
department of public health and human services, as designated
as of July 1, 1997, in which the patient resides.
Sec. 255. Section 144.36, subsection 1, Code 2023, is
amended to read as follows:
1. A certificate recording each marriage performed in
this state shall be filed with the state registrar. The
county registrar shall prepare the certificate on the form
furnished by the state registrar upon the basis of information
obtained from the parties to be married, who shall attest to
the information by their signatures. The county registrar in
each county shall keep a record book for marriages of marriage
certificates as required by the state registrar. The form of
marriage record books shall be uniform throughout the state. A
-183-properly indexed permanent record of marriage certificates upon
microfilm, electronic computer, or data processing equipment
may be kept in lieu of marriage record books.
Sec. 256. Section 144.37, Code 2023, is amended to read as
follows:
144.37 Dissolution and annulment records.
1. For each dissolution or annulment of marriage granted
by any court in this state, a record shall be prepared by
the clerk of court or by the petitioner or the petitioner’s
legal representative if directed by the clerk and filed by
the clerk of court with the state registrar. The information
necessary to prepare the report record shall be furnished with
the petition, to the clerk of court by the petitioner or the
petitioner’s legal representative, on forms supplied by the
state registrar.
2. The clerk of the district court in each county shall
keep a record book for maintain the records of dissolutions and
annulments of marriage as required by the state registrar. The
form of dissolution record books shall be uniform throughout
the state. A properly indexed record of dissolutions upon
microfilm, electronic computer, or data processing equipment
may be kept in lieu of dissolution record books.
3. On or before the tenth day of each calendar month, the
clerk of court shall forward to the state registrar the record
of each dissolution and annulment granted during the preceding
calendar month and related reports required by regulations
issued under this chapter.
Sec. 257. Section 144.43, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The following vital statistics records in the custody
of the state archivist may be inspected and copied as of right
under chapter 22:
(1) A record of birth that if the record is at least
seventy-five years old or upon proof of entitlement to the
record.
-184- (2) A record of marriage that if the record is at least
seventy-five years old or upon proof of entitlement to the
record.
(3) A record of divorce, dissolution of marriage,
or annulment of marriage that if the record is at least
seventy-five years old or upon proof of entitlement to the
record.
(4) A record of death or fetal death, either of which if the
record is at least fifty years old or upon proof of entitlement
to the record.
Sec. 258. Section 144A.2, subsection 5, Code 2023, is
amended to read as follows:
5. “Department” means the Iowa department of public health
and human services.
Sec. 259. Section 144D.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the department of public health and
human services.
Sec. 260. Section 146A.1, subsection 1, paragraph d,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
That the woman has been provided information regarding all
of the following, based upon the materials developed by the
department of public health and human services pursuant to
subparagraph (2):
Sec. 261. Section 146A.1, subsection 1, paragraph d,
subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The department of public health and human services shall
make available to physicians, upon request, all of the
following information:
Sec. 262. Section 146B.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of public health and
human services.
-185- Sec. 263. Section 147.77, Code 2023, is amended to read as
follows:
147.77 Powers, privileges, rights, or duties provided by rule
— applicability to physician assistants.
1. The following agencies that adopt rules pursuant to
chapter 17A providing a power, privilege, right, or duty to
a physician licensed under chapter 148 or other profession
licensed under this subtitle relating to the following subjects
shall, consistent with the scope of practice of physician
assistants licensed under chapter 148C, and unless otherwise
inconsistent with state or federal law, provide the same power,
privilege, right, or duty by rule to a physician assistant
licensed under chapter 148C:
a. The department of administrative services, with respect
to rules relating to the following:
(1) Retroactive conversion of vacation time to sick leave
for vacation time spent under the care of a physician.
(2) Certification of a catastrophic illness by a physician
for purposes of donation of leave and second medical
opinions and updates sought from a physician relating to such
certifications.
b. The department on aging, with respect to rules relating
to a written order from a physician for an older individual
requesting a therapeutic diet, and the interpretation of such
orders.
c. b. The department of corrections, with respect to rules
relating to the following:
(1) That a parolee shall not use, purchase, possess, or
transfer any drugs unless prescribed by a physician.
(2) That a serious medical need is one that has been
diagnosed by a physician as requiring treatment or is one so
obvious that a lay person would easily recognize the necessity
for a physician’s attention.
(3) That each jail shall have a designated licensed
physician, licensed osteopathic physician, or medical resource
-186-designated for the medical supervision, care, and treatment of
prisoners as deemed necessary and appropriate.
(4) That prescription medication, as ordered by a licensed
physician, licensed osteopathic physician, or licensed dentist
shall be provided in accordance with the directions of the
prescribing physician or dentist. Prisoners with medication
from a personal physician, osteopathic physician, or dentist
may be evaluated by a physician, osteopathic physician, or
dentist selected by the jail administrator to determine if the
present medication is appropriate.
(5) That expired drugs or drugs not in unit dose packaging,
whose administration had been discontinued by the attending
physician, shall be destroyed by the jail administrator or
designee in the presence of a witness.
(6) That special diets in jails prescribed by a physician
shall be followed and documented, that the physician who
prescribes the special diet shall specify a date on which the
diet will be reviewed for renewal or discontinuation, and that
unless specified by the prescribing physician, a certified
dietitian shall develop the menu.
(7) That special diets prescribed by a physician for the
care and treatment of juveniles in nonsecure hold shall be
followed and documented.
(8) For medical services in temporary holding facilities,
that a serious medical need is one that has been diagnosed by
a physician as requiring treatment or one that is so obvious
that a lay person would easily recognize the necessity for a
physician’s attention.
(9) For medical resources in temporary holding facilities,
that each facility shall have a designated licensed physician,
licensed osteopathic physician, or medical resource designated
for the medical supervision, care, and treatment of detainees
as deemed necessary and appropriate.
(10) Medication procedures in temporary holding facilities,
that prescription medication, as ordered by a licensed
-187-physician, licensed osteopathic physician, or licensed dentist
shall be provided in accordance with the directions of the
prescribing physician or dentist. Detainees with medication
from a personal physician, osteopathic physician, or dentist
may be evaluated by a physician, osteopathic physician, or
dentist selected by the facility administrator to determine if
the present medication is appropriate.
(11) For medication storage in temporary holding
facilities, that expired drugs or drugs not in unit dose
packaging, whose administration had been discontinued by
the attending physician, shall be destroyed by the facility
administrator or designee in the presence of a witness.
(12) For medical diets in temporary holding facilities,
that special diets as prescribed by a physician shall be
followed and documented.
(13) For medical care and treatment for juveniles in
nonsecure holds in temporary holding facilities, that special
diets as prescribed by a physician shall be followed and
documented.
d. c. The economic development authority, with respect
to rules relating to the certification of a person with a
disability for the purpose of the targeted small business
program, that in order to be considered a person with a
disability for the purpose of the targeted small business
program, the person must qualify and receive certification as
having a disability from a licensed medical physician or must
have been found eligible for vocational rehabilitation services
by the department of education workforce development, division
of vocational rehabilitation services, or by the department for
the blind.
e. d. The department of education, with respect to rules
relating to the following:
(1) For statements relating to medication administration
policies, that a statement that persons administering
medication shall include authorized practitioners, such as
-188-licensed registered nurses and physicians, and persons to whom
authorized practitioners have delegated the administration
of prescription and nonprescription drugs. Individuals
shall self-administer asthma or other airway constricting
disease medication or possess and have use of an epinephrine
auto-injector with parent and physician consent on file,
without the necessity of demonstrating competency to
self-administer these medications.
(2) For medication administration courses relating
to medication administration policies, that a medication
administration course be conducted by a registered nurse
or licensed pharmacist and include an annual medication
administration procedural skills check completed with a
registered nurse or pharmacist.
(3) For school-based youth services programs, that
preventive and primary health care services shall be delivered
by specifically credentialed providers as specified.
f. e. The department of health and human services, with
respect to rules relating to the following:
(1) That an incident for purposes of accreditation
of providers of services to persons with mental illness,
intellectual disabilities, or developmental disabilities
includes but is not limited to an occurrence involving the
individual using the service that results in a physical injury
to or by the individual that requires a physician’s treatment
or admission to a hospital.
(2) That a mental health professional, for purposes
of accreditation of providers of services to persons with
mental illness, intellectual disabilities, or developmental
disabilities, includes a medical professional licensed in this
state, provided that the professional otherwise meets all of
the conditions to qualify as a mental health professional.
(3) That home health aide services for purposes of
disability services management and regional services may
include medications specifically ordered by a physician.
-189- (4) That payment relating to the state supplementary
assistance program for residential care shall only be made when
there is on file an order written by a physician certifying
that the applicant or recipient being admitted requires
residential care but does not require nursing services.
(5) That a case folder for a facility participating in
the state supplementary assistance program must include a
physician’s statement certifying that a resident does not
require nursing services.
(6) That personnel providing psychological evaluations
and counseling or psychotherapy services for area education
agencies under the medical assistance program include specified
professions endorsed, licensed, or registered in this state,
provided that the professional otherwise meets all of the
conditions to qualify as a mental health professional.
(7) That personnel providing psychological evaluations and
counseling or psychotherapy services for providers of infant
and toddler program services under the medical assistance
program include specified professions endorsed, licensed,
or registered in this state, provided that the professional
otherwise meets all of the conditions to qualify as a mental
health professional.
(8) That personnel providing other services for providers
of infant and toddler program services under the medical
assistance program include specified professions recognized,
endorsed, or licensed in this state, provided that the
professional otherwise meets all of the conditions to qualify
as a mental health professional.
(9) That personnel providing psychological evaluations
and counseling or psychotherapy services for providers of
local education agency services under the medical assistance
program include specified professions endorsed, licensed,
or registered in this state, provided that the professional
otherwise meets all of the conditions to qualify as a mental
health professional.
-190- (10) That personnel providing other services for providers
of local education agency services under the medical assistance
program include specified professions recognized, endorsed,
or licensed in this state, provided that the professional
otherwise meets all of the conditions to qualify as a mental
health professional.
(11) For payment for medically necessary home health agency
services under the medical assistance program, that payment
shall be approved for medically necessary home health agency
services prescribed by a physician in a plan of home health
care provided by a Medicare-certified home health agency.
(12) For authorization for medically necessary home health
agency services under the medical assistance program, that
services shall be authorized by a physician, evidenced by the
physician’s signature and date on a plan of treatment.
(13) For treatment plans of home health agencies under the
medical assistance program, that a member’s medical condition
shall be reflected by the date last seen by a physician, if
available.
(14) For items included in treatment plans of home health
agencies under the medical assistance program, that a plan of
care shall include a physician’s signature and date and that
the plan of care must be signed and dated by the physician
before the claim for service is submitted for reimbursement.
(15) For skilled nursing services provided by a home health
agency under the medical assistance program, that medical
documentation shall be submitted justifying the need for
continued visits, including the physician’s estimate of the
length of time that additional visits will be necessary, and
that daily skilled nursing visits or multiple daily visits for
wound care or insulin injections shall be covered when ordered
by a physician and included in the plan of care.
(16) For physical therapy services provided by a home health
agency under the medical assistance program, that payment shall
be made for physical therapy services when the services follow
-191-a treatment plan established by the physician after any needed
consultation with the qualified physical therapist.
(17) For occupational therapy services provided by a
home health agency under the medical assistance program,
that payment shall be made for occupational therapy services
when the services follow a treatment plan established by the
physician.
(18) For speech therapy services provided by a home health
agency under the medical assistance program, that payment shall
be made for speech therapy services when the services follow a
treatment plan established by the physician.
(19) For home health aide services provided by a home health
agency under the medical assistance program, that the service
as well as the frequency and duration are stated in a written
plan of treatment established by a physician.
(20) For home health aide services provided by a home health
agency under the medical assistance program, that services
provided for specified durations when ordered by a physician
and included in a plan of care shall be allowed as intermittent
services.
(21) For home health aide services provided by a home health
agency under the medical assistance program, that personal
care services include helping the member take medications
specifically ordered by a physician.
(22) For private duty nursing or personal care services for
persons aged twenty and under, under the medical assistance
program, that private duty nursing services are those services
which are provided by a registered nurse or a licensed
practical nurse under the direction of the member’s physician
to a member in the member’s place of residence or outside the
member’s residence, when normal life activities take the member
outside the place of residence.
(23) For private duty nursing or personal care services for
persons aged twenty and under, under the medical assistance
program, that services shall be provided according to a written
-192-plan of care authorized by a licensed physician.
(24) For private duty nursing or personal care services for
persons aged twenty and under, under the medical assistance
program, that personal care services are those services
provided by a home health aide or certified nurse’s aide and
which are delegated and supervised by a registered nurse under
the direction of the member’s physician to a member in the
member’s place of residence or outside the member’s residence,
when normal life activities take the member outside the place
of residence, and that these services shall be in accordance
with the member’s plan of care and authorized by a physician.
(25) For requirements for private duty nursing or personal
care services for persons aged twenty and under, under the
medical assistance program, that private duty nursing or
personal care services shall be ordered in writing by a
physician as evidenced by the physician’s signature on the plan
of care.
(26) For obtaining prescription medications for children in
juvenile detention and shelter care homes, that prescription
medication provided to residents shall be dispensed only from a
licensed pharmacy in this state in accordance with state law,
from a licensed pharmacy in another state according to the laws
of that state, or by a licensed physician.
(27) For health and dental programs provided by agencies
providing foster care services, that a child’s physical
examination shall be performed by a licensed physician or
licensed nurse practitioner.
(28) For health and dental programs provided by agencies
providing foster care services, that if documentation of prior
immunization is unavailable, immunizations required by the
department of public health shall begin within thirty days of
placement, unless contraindicated and unless a statement from
a physician to that effect is included in the child’s medical
record, and that a statement from a physician, referring
agency, parent, or guardian indicating immunizations are
-193-current is sufficient documentation of immunizations.
(29) For the dispensing, storage, authorization, and
recording of medications in child care centers, that all
medications shall be stored in their original containers, with
accompanying physician or pharmacist’s directions and label
intact and stored so they are inaccessible to children and the
public.
(30) For an infants’ area in a child care center, that
upon the recommendation of a child’s physician or the area
education agency serving the child, a child who is two years
of age or older with a disability that results in significant
developmental delays in physical and cognitive functioning who
does not pose a threat to the safety of the infants may, if
appropriate and for a limited time approved by the department,
remain in the infant area.
(31) For facility requirements for a child development
home, that the telephone number for each child’s physician
shall be written on paper and readily accessible by the
telephone.
(32) For medications and hazardous materials in a child
development home, that medications shall be given only with
the parent’s or doctor’s written authorization, and that each
prescribed medication shall be accompanied by a physician’s or
pharmacist’s direction.
(33) For medical reports regarding the health of a family
in a family life home, that a medical report shall provide
significant findings of a physician, such as the presence or
absence of any communicable disease.
(34) For medical reexaminations of a family in a family
life home, that medical reexaminations may be required at the
discretion of a physician.
(35) For medical examinations of a client in a family life
home, that a physician shall certify that the client is free
from any communicable disease and does not require a higher
level of care than that provided by a family life home.
-194- (36) For the records of a client in a family life home,
that the family shall have available at all times, the name,
address, and telephone number of the client’s physician.
(37) For the facility requirements for a child care home,
that the telephone number for each child’s physician shall be
written on paper and readily accessible by the telephone.
(38) For the administration of medications at a child care
home, that medications shall be given only with the parent’s or
doctor’s written authorization and each prescribed medication
shall be accompanied by a physician’s or pharmacist’s
direction.
(39) For payments for foster care, that an intellectual
disabilities professional includes specified professions,
provided that the professional otherwise meets all of
the conditions to qualify as an intellectual disabilities
professional.
(40) For payments for foster care, that a mental health
professional includes specified professions, provided that the
professional otherwise meets all of the conditions to qualify
as a mental health professional.
(41) For the subsidized adoption program, that a qualified
intellectual disability professional includes specified
professions, provided that the professional otherwise meets
all of the conditions to qualify as a qualified intellectual
disability professional.
(42) For the subsidized adoption program, that a qualified
mental health professional includes specified professions,
provided that the professional otherwise meets all of
the conditions to qualify as a qualified mental health
professional.
(43) For the information provided to a foster care provider
by a department worker at the time of placement, that the
information shall include the names, addresses, and telephone
numbers of the child’s physician and dentist.
(44) A written order from a physician for an older
-195-individual requesting a therapeutic diet, and the
interpretation of such orders.
(45) That “impaired glucose tolerance”, for purposes of
outpatient diabetes education programs, means a condition in
which blood glucose levels are higher than normal, diagnosed by
a physician, and treated with a food plan, exercise, or weight
control.
(46) For instructors for programs not recognized by the
American diabetes association or accredited by the American
association of diabetes educators, that the primary instructors
shall be one or more of specified health care professionals who
are knowledgeable about the disease process of diabetes and the
treatment of diabetes.
(47) For the written form for participation in the
prescription drug donation repository program, that the form
shall include the name and telephone number of the responsible
pharmacist, physician, or nurse practitioner who is employed
by or under contract with the pharmacy or medical facility,
and shall also include a statement, signed and dated by the
responsible pharmacist, physician, or nurse practitioner,
indicating that the pharmacy or medical facility meets the
eligibility requirements and shall comply with the requirements
established by rule.
(48) For the dispensing of donated prescription drugs and
supplies, that donated drugs and supplies may be dispensed
only if the drugs or supplies are prescribed by a health
care practitioner for use by an eligible individual and
are dispensed by a licensed pharmacist, physician, or nurse
practitioner.
g. f. The department of inspections and appeals, with
respect to rules relating to the following:
(1) For the qualifications of an attending physician at a
hospice, that the person shall have an active Iowa license to
practice medicine.
(2) For residential care facilities for persons with
-196-intellectual disabilities, that a qualified intellectual
disability professional includes specified professions,
provided that the professional otherwise meets all of the
conditions to qualify as a qualified intellectual disability
professional.
(3) For nursing facilities, that a qualified intellectual
disabilities professional includes specified professions,
provided that the professional otherwise meets all of the
conditions to qualify as a qualified intellectual disabilities
professional.
(4) For intermediate care facilities for persons with
mental illness, that a qualified mental health professional
includes specified professions, provided that the professional
otherwise meets all of the conditions to qualify as a qualified
mental health professional.
(5) For notifications submitted to the department from
a subacute mental health care facility in the event of an
accident causing a major injury, including as a major injury an
injury which requires consultation with the attending physician
or designee of the physician or advanced registered nurse
practitioner who determines that an injury is a major injury.
h. g. The racing and gaming commission, with respect to
rules relating to the following:
(1) For the grounds for denial, suspension, or revocation
of an occupational or vendor license, that a license shall be
denied if the applicant has a history of mental illness without
demonstrating successful treatment by a licensed medical
physician.
(2) For the qualifications for jockeys, that a jockey shall
pass a physical examination by a licensed physician affirming
fitness to participate as a jockey.
(3) For the regulation of licensees in restricted areas of
a racing facility, that licensees whose duties require them to
be in a restricted area of a racing facility shall not have
present within their systems any controlled substance as listed
-197-in schedules I to V of U.S.C. Tit.21 (Food and Drug Section
812), chapter 124, or any prescription drug unless it was
obtained directly or pursuant to valid prescription or order
from a duly licensed physician who is acting in the course of
professional practice.
i. h. The Iowa law enforcement academy, with respect to
rules relating to the following:
(1) For the minimum standards for law enforcement officers,
that an officer is examined by a licensed physician or surgeon.
(2) For hiring standards must be reverified if an individual
is not hired by an Iowa law enforcement agency during a
specified period of time following completion of the course
of study, that the individual must be examined by a licensed
physician or surgeon.
(3) For the selection or appointment of reserve peace
officers, that the person shall be examined by a licensed
physician or surgeon.
j. i. The natural resource commission, with respect to
rules relating to the following:
(1) That the grounds for revoking or suspending an
instructor license include participation in a course while
ingesting prescription medication in a manner contrary to the
dosing directions given by the prescribing physician.
(2) For applications for use of a crossbow for deer and
turkey hunting by handicapped individuals, that an application
must include a statement signed by the applicant’s physician
declaring that the individual is not physically capable of
shooting a bow and arrow.
(3) For authorization for the use of a crossbow for deer
and turkey hunting by handicapped individuals, that if a
conservation officer has probable cause to believe the person’s
handicapped status has improved, making it possible for the
person to shoot a bow and arrow, the department of natural
resources may, upon the officer’s request, require the person
to obtain in writing a current physician’s statement.
-198- (4) For licenses for nonresidents to participate in a
special deer hunting season for severely disabled persons,
that a nonresident applying for the license must have on file
with the department of natural resources either a copy of a
disabilities parking permit issued by a state department of
transportation or an Iowa department of natural resources form
signed by a physician that verifies their disability.
k. The Iowa department of public health, with respect to
rules relating to the following:
(1) That “impaired glucose tolerance”, for purposes of
outpatient diabetes education programs, means a condition in
which blood glucose levels are higher than normal, diagnosed by
a physician, and treated with a food plan, exercise, or weight
control.
(2) For instructors for programs not recognized by the
American diabetes association or accredited by the American
association of diabetes educators, that the primary instructors
shall be one or more of specified health care professionals who
are knowledgeable about the disease process of diabetes and the
treatment of diabetes.
(3) For the written form for participation in the
prescription drug donation repository program, that the form
shall include the name and telephone number of the responsible
pharmacist, physician, or nurse practitioner who is employed
by or under contract with the pharmacy or medical facility,
and shall also include a statement, signed and dated by the
responsible pharmacist, physician, or nurse practitioner,
indicating that the pharmacy or medical facility meets the
eligibility requirements and shall comply with the requirements
established by rule.
(4) For the dispensing of donated prescription drugs and
supplies, that donated drugs and supplies may be dispensed
only if the drugs or supplies are prescribed by a health
care practitioner for use by an eligible individual and
are dispensed by a licensed pharmacist, physician, or nurse
-199-practitioner.
l. j. The department of public safety, with respect to
rules relating to permits to carry weapons, that a person who
is an unlawful user of or addicted to any controlled substance
includes any person who is a current user of a controlled
substance in a manner other than as prescribed by a licensed
physician.
m. k. The department of transportation, with respect
to rules relating to exemptions from motor vehicle window
transparency requirements, that a motor vehicle fitted with
a front windshield, a front side window, or a front sidewing
with less than seventy percent but not less than thirty-five
percent light transmittance before July 4, 2012, may continue
to be maintained and operated with a front windshield, a front
side window, or a front sidewing with less than seventy percent
but not less than thirty-five percent light transmittance on or
after July 4, 2012, so long as the vehicle continues to be used
for the transport of a passenger or operator who documented in
the manner specified by the department a medical need for such
reduced transparency, which document was signed by the person’s
physician before July 4, 2012.
n. l. The Iowa department of veterans affairs, with respect
to rules relating to expenses relating to the purchase of
durable equipment or services, that individuals requesting
reimbursement who need durable equipment as a medical necessity
should provide information from a physician.
o. m. The department of workforce development, with respect
to rules relating to the following:
(1) That a voluntary quit shall be presumed to be without
good cause attributable to the employer for purposes of
unemployment compensation if a claimant left employment because
of illness or injury which was not caused or aggravated by the
employment or pregnancy and failed to obtain the advice of a
licensed and practicing physician, obtain certification of
release for work from a licensed and practicing physician, or
-200-return to the employer and offer services upon recovery and
certification for work by a licensed and practicing physician.
(2) That for purposes of unemployment compensation, it is
a reason for a claimant leaving employment with good cause
attributable to the employer if the claimant left employment
because of illness, injury, or pregnancy upon the advice of
a licensed and practicing physician, and upon recovery, when
recovery was certified by a licensed and practicing physician,
the claimant returned and offered to perform services to the
employer, but no suitable, comparable work was available.
(3) That for purposes of unemployment compensation it is
a reason for a claimant leaving employment with good cause
attributable to the employer if the claimant left employment
upon the advice of a licensed and practicing physician for the
sole purpose of taking a family member to a place having a
different climate and subsequently returned to the claimant’s
regular employer and offered to perform services, but the
claimant’s regular or comparable work was not available.
p. n. The labor services division of the department of
workforce development, with respect to rules relating to the
following:
(1) For the disclosure of a trade secret relating to a
hazardous chemical during a medical emergency, that where a
treating physician or nurse determines that a medical emergency
exists and the specific chemical identity of a hazardous
chemical is necessary for emergency or first-aid treatment, the
chemical manufacturer, importer, or employer shall immediately
disclose the specific chemical identity of a trade secret
chemical to that treating physician or nurse, regardless of the
existence of a written statement of need or a confidentiality
agreement.
(2) For the disclosure of a trade secret relating to
a hazardous chemical in a nonemergency situation, that in
nonemergency situations, a chemical manufacturer, importer,
or employer shall, upon request, disclose a specific chemical
-201-identity, otherwise permitted to be withheld by rule, to a
specified health professional providing medical or other
occupational health services to exposed employees or designated
representatives in specified circumstances.
(3) For applications for a license to practice asbestos
removal, that except as noted in rule, only worker and
contractor/supervisor license applicants must submit the
respiratory protection and physician’s certification forms.
(4) For documentation held by persons licensed for asbestos
abatement in an area that is subject to a disaster emergency
proclamation, that the labor commissioner deems an individual
contractor, supervisor, or worker to be licensed and authorized
for asbestos abatement if the individual, in addition to other
specified conditions, makes immediately available on the
work site a copy of a physician’s statement indicating that,
consistent with federal law, a licensed physician has examined
the individual within the past twelve months and approved the
individual to work while wearing a respirator.
(5) That the contents of an application for an event
license for a covered athletic event other than a professional
wrestling event shall contain, along with other requirements,
a copy of the medical license of the ringside physician and
the date, time, and location of the ringside physician’s
examination of the contestants.
(6) For the responsibilities of the promoter of an athletic
event, that the promoter submit test results to the ringside
physician no later than at the time of the physical showing
that each contestant scheduled for the event tested negative
for the human immunodeficiency, hepatitis B, and hepatitis C
viruses within the one-year period prior to the event, and that
the contestant shall not participate and the physician shall
notify the promoter that the contestant is prohibited from
participating for medical reasons if specified circumstances
occur.
(7) For injuries during a professional boxing match, that if
-202-a contestant claims to be injured during the bout, the referee
shall stop the bout and request the attending physician to make
an examination. If the physician decides that the contestant
has been injured as the result of a foul, the physician shall
advise the referee of the injury. If the physician is of the
opinion that the injured contestant may be able to continue,
the physician shall order an intermission, after which the
physician shall make another examination and again advise
the referee of the injured contestant’s condition. It shall
be the duty of the promoter to have an approved physician in
attendance during the entire duration of all bouts.
(8) For persons allowed in a ring during a professional
boxing match, that no person other than the contestants and the
referee shall enter the ring during the bout, excepting the
seconds between the rounds or the attending physician if asked
by the referee to examine an injury to a contestant.
(9) For the weighing of contestants in a professional boxing
match, that contestants shall be weighed and examined on the
day of the scheduled match by the attending ring physician at a
time and place to be determined by the commissioner.
(10) For attending ring physicians during a professional
boxing match, that when a boxer has been injured seriously,
knocked out, or technically knocked out, the referee shall
immediately summon the attending ring physician to aid the
stricken boxer, and that managers, handlers, and seconds shall
not attend to the stricken boxer, except at the request of the
physician.
(11) For the keeping of time during a professional boxing
match, that the timekeeper shall keep an exact record of time
taken out at the request of a referee for an examination of a
contestant by the physician.
(12) For the suspension of contestants during a
professional boxing match that is an elimination tournament,
that a contestant who for specified reasons is not permitted
to box in the state for a period of time shall be examined by a
-203-physician approved by the commissioner before being permitted
to fight again.
(13) For the designation of officials for professional
kickboxing, that the designation of physicians is subject to
the approval of the commissioner or designee.
(14) For officials for a mixed martial arts event, that
officials shall include a physician.
(15) For the keeping of time for a mixed martial arts
event, that the timekeeper shall keep an exact record of time
taken out at the request of a referee for an examination of a
contestant by the physician.
(16) For persons allowed in the cage during a mixed martial
arts event, that a physician may enter the cage to examine a
contestant upon the request of the referee.
(17) For the decorum of persons involved in a mixed martial
arts event, that a contestant is exempt from prohibitions on
specified conduct while interacting with the contestant’s
opponent during a round, but if the round is stopped by the
physician or referee for a time out, the prohibitions shall
apply to the contestant.
(18) For the examination of contestants in a mixed martial
arts event, that on the day of the event, at a time and place
to be approved by the commissioner, the ringside physician
shall conduct a rigorous physical examination to determine the
contestant’s fitness to participate in a mixed martial arts
match, and that a contestant deemed not fit by the physician
shall not participate in the event.
(19) For injuries during a mixed martial arts event, that if
a contestant claims to be injured or when a contestant has been
injured seriously or knocked out, the referee shall immediately
stop the fight and summon the attending ring physician to make
an examination of the stricken fighter. If the physician
decides that the contestant has been injured, the physician
shall advise the referee of the severity of the injury. If
the physician is of the opinion the injured contestant may be
-204-able to continue, the physician shall order an intermission,
after which the physician shall make another examination and
again advise the referee of the injured contestant’s condition.
Managers, handlers, and seconds shall not attend to the
stricken fighter, except at the request of the physician.
2. This section shall not be construed to expand, diminish,
or otherwise modify the scope of practice of any profession
licensed under this subtitle.
3. The rulemaking requirements provided in this section
shall not be construed to prohibit the agencies listed in
subsection 1 from engaging in further rulemaking not in
conflict with this section or state or federal law relating to
the subject matter of this section or to otherwise diminish the
authority to engage in rulemaking provided to those agencies by
any other statute.
Sec. 264. Section 147A.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the Iowa department of public health
and human services.
2. “Director” means the director of the Iowa department of
public health and human services.
Sec. 265. Section 147A.21, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the Iowa department of public health
and human services.
3. “Director” means the director of public health and human
services.
Sec. 266. Section 147A.24, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Department of public health and human services.
Sec. 267. Section 147C.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Alternative program” means a nondisciplinary monitoring
or practice remediation process approved by a physical therapy
licensing board. This includes but is not limited to substance
-205-abuse use disorder issues.
Sec. 268. Section 147D.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Alternative program” means a voluntary, nondisciplinary
substance abuse use disorder recovery program approved by a
state emergency medical services authority.
Sec. 269. Section 147E.1, subsection 2, paragraph k, Code
2023, is amended to read as follows:
k. “Impaired practitioner” means individuals whose
professional practice is adversely affected by substance abuse
use disorder, addiction, or other health-related conditions.
Sec. 270. Section 147F.1, subsection 2, paragraph n, Code
2023, is amended to read as follows:
n. “Impaired practitioner” means an individual whose
professional practice is adversely affected by substance abuse
use disorder, addiction, or other health-related conditions.
Sec. 271. Section 152.5A, Code 2023, is amended to read as
follows:
152.5A Student record checks.
1. For the purposes of this section:
a. “Comprehensive preliminary background check” means the
same as defined in section 135C.1.
b. “Nursing program” means a nursing program that is
approved by the board pursuant to section 152.5.
c. “Record check evaluation system” means the same as
defined in section 135C.1.
c. d. “Student” means a person applying for, enrolled in,
or returning to the clinical education component of a nursing
program.
2. Prior to a student beginning or returning to a nursing
program, the nursing program shall do one of the following in
substantial conformance with the provisions of section 135C.33:
a. Request that the department of public safety perform a
criminal history check and the record check evaluation system
of the department of health and human services perform child
-206-and dependent adult abuse record checks of the student in this
state.
b. Access the single contact repository to perform the
required record checks.
3. a. If a program accesses the single contact repository
to perform the required record checks pursuant to subsection
2, the program may utilize a third-party vendor to perform
a comprehensive preliminary background check to allow a
student to provisionally participate in the clinical education
component of the nursing program pending completion of the
required record checks through the single contact repository
and the evaluation by the department of human services record
check evaluation system, as applicable, subject to all of the
following:
(1) If the comprehensive preliminary background check
determines that the student being considered for provisional
participation has been convicted of a crime, but the crime does
not constitute a felony as defined in section 701.7 and is not
a crime specified pursuant to chapter 708, 708A, 709, 709A,
710, 710A, 711, or 712, or pursuant to section 726.3, 726.27,
or 726.28.
(2) If the comprehensive preliminary background check
determines the student being considered for provisional
participation does not have a record of founded child abuse or
dependent adult abuse, or if an exception pursuant to section
135C.33, subsection 4, is applicable to the student.
(3) If the program has requested an evaluation in accordance
with section 135C.33, subsection 2, paragraph “a”, to determine
whether the crime warrants prohibition of the student’s
provisional participation.
b. The provisional participation under this subsection
3 may continue until such time as the required record checks
through the single contact repository and the evaluation by the
department of human services record check evaluation system,
as applicable, are completed.
-207- 4. If a student has a criminal record or a record of
founded child or dependent adult abuse, upon request of the
nursing program, the department of human services record check
evaluation system shall perform an evaluation to determine
whether the record warrants prohibition of the student’s
involvement in a clinical education component of a nursing
program involving children or dependent adults. The department
of human services record check evaluation system shall utilize
the criteria provided in section 135C.33 in performing the
evaluation and shall report the results of the evaluation to
the nursing program. The department of human services record
check evaluation system has final authority in determining
whether prohibition of the student’s involvement in a clinical
education component is warranted.
Sec. 272. Section 154D.4, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The provision of children, family, or mental health
services through the department of health and human services
or juvenile court, or agencies contracting with the department
of health and human services or juvenile court, by persons who
do not represent themselves to be either a marital and family
therapist or a mental health counselor.
Sec. 273. Section 155A.46, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A pharmacist may, pursuant to statewide protocols developed
by the board in consultation with the department of public
health and human services and consistent with subsection 2,
order and administer the following to patients ages eighteen
years and older:
Sec. 274. Section 155A.46, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A pharmacist may, pursuant to statewide protocols developed
by the board in consultation with the department of public
-208- health and human services and consistent with subsection 2,
order and administer the following to patients ages six months
and older:
Sec. 275. Section 155A.46, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. A pharmacist may, pursuant to statewide protocols
developed by the board in consultation with the department of
public health and human services and consistent with subsection
2, order and administer the final two doses in a course of
vaccinations for HPV to patients ages eleven years and older.
Sec. 276. Section 155A.46, subsection 1, paragraph e,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A pharmacist may, pursuant to statewide protocols developed
by the board in consultation with the department of public
health and human services and consistent with subsection 2,
order and administer the following to patients ages six years
and older:
Sec. 277. Section 158.2, subsection 8, Code 2023, is amended
to read as follows:
8. Persons committed pursuant to chapter 229A to the custody
of the director of the department of health and human services
in the unit for sexually violent predators who cut the hair or
trim or shave the beard of any other person within the unit,
without receiving direct compensation from the person receiving
the service.
Sec. 278. Section 158.3, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Presents a certificate, or satisfactory evidence, to the
department that the applicant has successfully completed tenth
grade, or the equivalent. The provisions of this subsection
shall not apply to students enrolled in a barber school
maintained at an institution under the control of a director of
a division of the department of health and human services.
Sec. 279. Section 163.3A, subsection 2, Code 2023, is
-209-amended to read as follows:
2. The services shall be performed under the direction of
the department and may be part of measures authorized by the
governor under a declaration or proclamation issued pursuant
to chapter 29C. In such case, the department shall cooperate
with the Iowa department of public health and human services
under chapter 135, and the department of homeland security and
emergency management, and local emergency management agencies
as provided in chapter 29C.
Sec. 280. Section 190B.102, subsection 3, Code 2023, is
amended to read as follows:
3. The department of agriculture and land stewardship, the
department of public health, the department of health and human
services, and the department of inspections and appeals shall
cooperate with the department of revenue to administer this
subchapter.
Sec. 281. Section 204.7, subsection 8, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The consumable hemp product complies with packaging
and labeling requirements, which shall be established by the
department of inspections health and appeals human services by
rule.
Sec. 282. Section 204.7, subsection 8, paragraphs b and c,
Code 2023, are amended to read as follows:
b. A person manufacturing a consumable hemp product in
this state shall register with the department of inspections
health and appeals human services on a form prescribed by
the department of inspections health and appeals human
services by rule. The department of inspections health and
appeals human services may impose a fee, established by the
department of inspections health and appeals human services
by rule, on a registrant not to exceed the cost of processing
the registration. The department of inspections health and
appeals human services shall adopt rules for the revocation
of a registration issued to a manufacturer who manufactures a
-210-consumable hemp product not in compliance with this chapter.
c. A person selling a consumable hemp product in this state
shall register with the department of inspections health and
appeals human services on a form prescribed by the department
of inspections health and appeals human services by rule and
shall keep on the premises of the person’s business a copy
of the certificate of analysis issued pursuant to section
204.8 for the hemp contained in the consumable hemp products
sold by the person. The department of inspections health and
appeals human services may impose a fee, established by the
department of inspections health and appeals human services
by rule, on a registrant not to exceed the cost of processing
the registration. The department of inspections health and
appeals human services shall adopt rules for the revocation of
a registration issued to a person who sells a consumable hemp
product not in compliance with this section.
Sec. 283. Section 206.2, subsection 17, paragraph c, Code
2023, is amended to read as follows:
c. To which reference is made on the label or in
literature accompanying the pesticide or device, except when
accurate, nonmisleading reference is made to current official
publications of the United States department of agriculture or
interior, the United States public health service, the state
agricultural experiment stations, the Iowa state university,
the Iowa department of public health and human services, the
department of natural resources, or other similar federal
institutions or official agencies of this state or other
states authorized by law to conduct research in the field of
pesticides.
Sec. 284. Section 216.6, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Person to solicit or require as a condition of employment
of any employee or prospective employee a test for the presence
of the antibody to the human immunodeficiency virus or to
affect the terms, conditions, or privileges of employment or
-211-terminate the employment of any employee solely as a result
of the employee obtaining a test for the presence of the
antibody to the human immunodeficiency virus. An agreement
between an employer, employment agency, labor organization,
or their employees, agents, or members and an employee or
prospective employee concerning employment, pay, or benefits to
an employee or prospective employee in return for taking a test
for the presence of the antibody to the human immunodeficiency
virus, is prohibited. The prohibitions of this paragraph
do not apply if the state epidemiologist determines and the
director of public health and human services declares through
the utilization of guidelines established by the center for
disease control of the United States department of health and
human services, that a person with a condition related to
acquired immune deficiency syndrome poses a significant risk
of transmission of the human immunodeficiency virus to other
persons in a specific occupation.
Sec. 285. Section 216A.1, Code 2023, is amended to read as
follows:
216A.1 Department of health and human services — human
rights — purpose.
1. A The department of health and human rights is created,
with the following divisions and offices services shall be
responsible for all of the following:
a. Division of community Community advocacy and services,
with the following offices:
(1) Office of Latino affairs.
(2) Office on the status of women.
(3) Office of persons with disabilities.
(4) Office of deaf services.
(5) Office on the status of African Americans.
(6) Office of Asian and Pacific Islander affairs.
(7) Office of Native American affairs.
b. Division of community Community action agencies.
c. Division of criminal Criminal and juvenile justice
-212-planning.
2. The purpose of the department under this chapter and as
otherwise provided by law is to ensure basic rights, freedoms,
and opportunities for all by empowering underrepresented Iowans
and eliminating economic, social, and cultural barriers.
3. The department shall implement the comprehensive
strategic plan approved by the board under section 216A.3 and
shall issue an annual report to the governor and the general
assembly no later than November 1 of each year concerning the
operations of the department relating to responsibilities for
human rights.
Sec. 286. Section 216A.3, Code 2023, is amended to read as
follows:
216A.3 Human rights board.
1. A human rights board is created within the department of
human rights.
2. The board shall consist of sixteen members, including
eleven voting members and five nonvoting members and determined
as follows:
a. The voting members shall consist of nine voting members
selected by each of the permanent commissions within the
department, and two voting members, appointed by the governor.
For purposes of this paragraph “a”, “permanent commissions”
means the commission of Latino affairs, commission on the
status of women, commission of persons with disabilities,
commission on community action agencies, commission of deaf
services, justice advisory board, commission on the status of
African Americans, commission of Asian and Pacific Islander
affairs, and commission of Native American affairs. The term
of office for voting members is four years.
b. The nonvoting members shall consist of the department
director, two state representatives, one appointed by the
speaker of the house of representatives and one by the minority
leader of the house of representatives, and two state senators,
one appointed by the majority leader of the senate and one by
-213-the minority leader of the senate.
3. A majority of the voting members of the board shall
constitute a quorum, and the affirmative vote of two-thirds of
the voting members present is necessary for any substantive
action taken by the board. The board shall select a
chairperson from the voting members of the board. The board
shall meet not less than four times a year.
4. The board shall have the following duties:
a. Develop develop and monitor implementation of
a comprehensive strategic plan to remove barriers for
underrepresented populations and, in doing so, to increase
Iowa’s productivity and inclusivity, including performance
measures and benchmarks.
b. Approve, disapprove, amend, or modify the budget
recommended by the department director for the operation of
the department, subject to the budget requirements pursuant to
chapter 8.
c. Adopt administrative rules pursuant to chapter 17A,
upon the recommendation of the department director, for the
operation of the department.
d. By November 1 of each year, approve the department report
to the general assembly and the governor that covers activities
during the preceding fiscal year.
Sec. 287. Section 216A.4, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the department of health and human
rights services.
3. “Department director” “Director” means the director of
the department of health and human rights services.
Sec. 288. Section 216A.6, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. Department, or division, or office evaluations of
information about a person seeking or receiving advocacy
services.
Sec. 289. Section 216A.7, Code 2023, is amended to read as
-214-follows:
216A.7 Access to information.
Upon request of the director, or an office, a commission,
or a council, or administrator of a division of the department
created under this chapter, all boards, agencies, departments,
and offices of the state shall make available nonconfidential
information, records, data, and statistics which are relevant
to the populations or groups served by the offices, councils,
and commissions of the department.
Sec. 290. Section 216A.11, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office of Latino affairs of the
department of human rights.
Sec. 291. Section 216A.13, subsection 2, Code 2023, is
amended to read as follows:
2. Serve as liaison between the department of human rights
and the public, sharing information and gathering constituency
input.
Sec. 292. Section 216A.15, subsection 4, Code 2023, is
amended to read as follows:
4. Recommend to the department director policies and
programs for the office.
Sec. 293. Section 216A.51, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office on the status of women of the
department of human rights.
Sec. 294. Section 216A.71, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office of persons with disabilities of
the department of human rights.
Sec. 295. Section 216A.91, Code 2023, is amended to read as
follows:
216A.91 Definitions.
For purposes of this subchapter, unless the context
otherwise requires:
-215- 1. “Administrator” means the administrator of the division
of community action agencies of the department of human rights.
2. 1. “Commission” means the commission on community action
agencies.
3. 2. “Community action agency” means a public agency
or a private nonprofit agency which is authorized under its
charter or bylaws to receive funds to administer community
action programs and is designated by the governor to receive
and administer the funds.
4. 3. “Community action program” means a program conducted
by a community action agency which includes projects to provide
a range of services to improve the conditions of poverty in the
area served by the community action agency.
5. “Delegate agency” means a subgrantee or contractor
selected by the community action agency.
6. “Division” means the division of community action
agencies of the department of human rights.
Sec. 296. Section 216A.92, Code 2023, is amended to read as
follows:
216A.92 Division of community Community action agencies.
1. The division of community action agencies is
established. The purpose of the division of community action
agencies is to The department shall strengthen, supplement,
and coordinate efforts to develop the full potential of each
citizen by recognizing certain community action agencies and
supporting certain community-based programs delivered by
community action agencies.
2. The division department shall do all of the following:
a. Provide financial assistance for community action
agencies to implement community action programs, as permitted
by the community service block grant and subject to the funding
made available for the program.
b. Administer the community services block grant, the
low-income energy assistance block grants, department of energy
funds for weatherization, and other possible funding sources.
-216-If a political subdivision is the community action agency,
the financial assistance shall be allocated to the political
subdivision.
c. Implement accountability measures for its programs and
require regular reporting on the measures by the community
action agencies.
d. Issue an annual report to the governor and general
assembly by July 1 of each year.
Sec. 297. Section 216A.92B, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Recommend to the board the adoption of rules pursuant
to chapter 17A as it deems necessary for the commission and
division department.
3. Serve as liaisons between the division department and the
public, sharing information and gathering constituency input.
Sec. 298. Section 216A.93, Code 2023, is amended to read as
follows:
216A.93 Establishment of community action agencies.
The division department shall recognize and assist in the
designation of certain community action agencies to assist in
the delivery of community action programs. These programs
shall include but not be limited to outreach, community
services block grant, low-income energy assistance, and
weatherization programs. If a community action agency is in
effect and currently serving an area, that community action
agency shall become the designated community action agency
for that area. If any geographic area of the state ceases
to be served by a designated community action agency, the
division department may solicit applications and assist the
governor in designating a community action agency for that
area in accordance with current community services block grant
requirements.
Sec. 299. Section 216A.98, Code 2023, is amended to read as
follows:
216A.98 Audit.
-217- Each community action agency shall be audited annually but
shall not be required to obtain a duplicate audit to meet the
requirements of this section. In lieu of an audit by the
auditor of state, the community action agency may contract with
or employ a certified public accountant to conduct the audit,
pursuant to the applicable terms and conditions prescribed by
sections 11.6, 11.14, and 11.19 and an audit format prescribed
by the auditor of state. Copies of each audit shall be
furnished to the division department in a manner prescribed by
the division department.
Sec. 300. Section 216A.99, subsection 1, Code 2023, is
amended to read as follows:
1. The administrator department shall provide financial
assistance for community action agencies to implement community
action programs, as permitted by the community service block
grant, administer the low-income energy assistance block
grants, department of energy funds for weatherization received
in Iowa, and other possible funding sources.
Sec. 301. Section 216A.102, subsection 3, Code 2023, is
amended to read as follows:
3. Under rules developed adopted by the division of
community action agencies of the department of human rights
and adopted by the board, the fund may be used to negotiate
reconnection of essential utility services with the energy
provider.
Sec. 302. Section 216A.104, subsection 1, Code 2023, is
amended to read as follows:
1. The general assembly finds that provision of assistance
to prevent utility disconnections will also prevent the
development of public health risks due to such disconnections.
The division department shall establish an energy utility
assessment and resolution program administered by each
community action agency for persons with low incomes who have
or need a deferred payment agreement or are in need of an
emergency fuel delivery to address home energy utility costs.
-218- Sec. 303. Section 216A.104, subsection 2, paragraphs b and
f, Code 2023, are amended to read as follows:
b. The person is a residential customer of an energy utility
approved for the program by the division department.
f. The person complies with other eligibility requirements
adopted in rules by the division department.
Sec. 304. Section 216A.107, subsection 1, Code 2023, is
amended to read as follows:
1. A family development and self-sufficiency council is
established within the department of human rights. The council
shall consist of the following persons:
a. The director of the department of human services or the
director’s designee.
b. The director of the department of public health or the
director’s designee.
c. The administrator of the division of community
action agencies of the department of human rights or the
administrator’s designee.
d. b. The director of the school of social work at the
university of Iowa or the director’s designee.
e. c. The dean of the college of human sciences at Iowa
state university or the dean’s designee.
f. d. Two recipients or former recipients of the family
investment program, selected by the other members of the
council.
g. e. One recipient or former recipient of the family
investment program who is a member of a racial or ethnic
minority, selected by the other members of the council.
h. f. One member representing providers of services to
victims of domestic violence, selected by the other members of
the council.
i. g. The head of the department of design, textiles,
gerontology, and family studies at the university of northern
Iowa or that person’s designee.
j. h. The director of the department of education or the
-219-director’s designee.
k. i. The director of the department of workforce
development or the director’s designee.
l. j. Two persons representing the business community,
selected by the other members of the council.
m. k. Two members from each chamber of the general
assembly serving as ex officio, nonvoting members. The two
members of the senate shall be appointed one each by the
majority leader and the minority leader of the senate. The two
members of the house of representatives shall be appointed one
each by the speaker and the minority leader of the house of
representatives.
Sec. 305. Section 216A.107, subsection 3, paragraph c,
subparagraphs (1) and (3), Code 2023, are amended to read as
follows:
(1) Designation of families to be served that meet one or
more criteria for being at risk of dependency on the family
investment program or of family instability, and agreement
to serve clients that are referred by the department of
human services from the family investment program which
meet the criteria. The criteria may include but are not
limited to factors such as educational level, work history,
family structure, age of the youngest child in the family,
previous length of stay on the family investment program, and
participation in the family investment program or the foster
care program while the head of a household was a child. Grant
proposals shall also establish the number of families to be
served under the grant.
(3) Designation of the manner in which other needs of the
families will be provided for, including but not limited to
child care assistance, transportation, substance abuse use
disorder treatment, support group counseling, food, clothing,
and housing.
Sec. 306. Section 216A.107, subsection 4, Code 2023, is
amended to read as follows:
-220- 4. a. The division department shall administer the family
development and self-sufficiency grant program. The department
of human services shall disclose to the division confidential
information pertaining to individuals receiving services under
the grant program, as authorized under section 217.30. The
division and the department of human services shall share
information and data necessary for tracking performance
measures of the family development and self-sufficiency grant
program, for referring families participating in the promoting
independence and self-sufficiency through employment job
opportunities and basic skills (PROMISE JOBS) program under
section 239B.17 and related activities and programs to the
grant program, and for meeting federal reporting requirements.
The division and the department of human services may by mutual
agreement, as specified in the memorandum of agreement entered
into in accordance with paragraph “b”, add to or delete from
the initial shared information items listed in this lettered
paragraph. The initial shared information shall include but is
not limited to all of the following:
(1) Family enrollments and exits to and from each of the
programs.
(2) Monthly reports of individual participant activity in
PROMISE JOBS components that are countable work activities
according to federal guidelines applicable to those components.
(3) Aggregate grant program participant activity in all
PROMISE JOBS program components.
(4) Work participation rates for grant program participants
who were active family investment program participants.
(5) The average hourly wage of grant program participants
who left the family investment program.
(6) The percentage of grant program participants who exited
from the grant program at or after the time family investment
program participation ended and did not reenroll in the family
investment program for at least one year.
b. The division shall develop a memorandum of agreement
-221-with the department of human services to share outcome data and
coordinate referrals and delivery of services to participants
in the family investment program under chapter 239B and the
grant program and other shared clients and shall provide the
department of human services with information necessary for
compliance with federal temporary assistance for needy families
block grant state plan and reporting requirements, including
but not limited to financial and data reports.
c. b. To the extent that the family development and
self-sufficiency grant program is funded by the federal
temporary assistance for needy families block grant and by the
state maintenance of efforts funds appropriated in connection
with the block grant, the division department shall comply with
all federal requirements for the block grant. The division
department is responsible for payment of any federal penalty
imposed that is attributable to the grant program and shall
receive any federal bonus payment attributable to the grant
program.
d. c. The division department shall ensure that
expenditures of moneys appropriated to the department of human
services from the general fund of the state for the family
development and self-sufficiency grant program are eligible to
be considered as state maintenance of effort expenditures under
federal temporary assistance for needy families block grant
requirements.
e. d. The commission department shall consider the
recommendations of the council in adopting rules pertaining to
the grant program.
f. e. The division department shall submit to the governor
and general assembly on or before November 30 following the
end of each state fiscal year, a report detailing performance
measure and outcome data evaluating the family development and
self-sufficiency grant program for the fiscal year that just
ended.
Sec. 307. Section 216A.111, subsection 2, Code 2023, is
-222-amended to read as follows:
2. “Office” means the office of deaf services of the
department of human rights.
Sec. 308. Section 216A.131, Code 2023, is amended to read
as follows:
216A.131 Definitions.
For the purpose of this subchapter, unless the context
otherwise requires:
1. “Administrator” means the administrator of the division
of criminal and juvenile justice planning.
2. 1. “Board” means the justice advisory board.
3. 2. “Department” means the department of health and human
rights services.
4. “Division” means the division of criminal and juvenile
justice planning.
Sec. 309. Section 216A.131A, Code 2023, is amended to read
as follows:
216A.131A Division of criminal Criminal and juvenile justice
planning.
The division of criminal and juvenile justice planning is
established to department shall fulfill the responsibilities
of this subchapter, including the duties specified in sections
216A.135, 216A.136, 216A.137, 216A.138, and 216A.140.
Sec. 310. Section 216A.132, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Additional voting members of the board, each serving a
four-year term, shall include one representative from each of
the following:
(1) The Iowa coalition against sexual assault.
(2) The American civil liberties union of Iowa.
(3) The Iowa county attorneys association.
(4) The department of health and human services.
(5) The department of corrections.
(6) A judicial district department of correctional
services.
-223- (7) The department of public safety.
(8) The office on the status of African Americans.
(9) The department of public health.
(10) (8) The board of parole.
(11) (9) The department of justice.
(12) (10) The state public defender.
(13) (11) The governor’s office of drug control policy.
Sec. 311. Section 216A.132, subsection 3, Code 2023, is
amended to read as follows:
3. Members of the board shall receive reimbursement
from the state for actual and necessary expenses incurred
in the performance of their official duties and may also
be eligible to receive compensation as provided in section
7E.6. All expense moneys paid to nonlegislative members shall
be paid from funds appropriated to the division department.
Legislative members shall receive compensation as provided in
sections 2.10 and 2.12.
Sec. 312. Section 216A.133, subsection 2, Code 2023, is
amended to read as follows:
2. The board shall advise the division department on its
administration of state and federal grants and appropriations
and shall carry out other functions consistent with this
subchapter.
Sec. 313. Section 216A.133, subsection 3, paragraphs i, j,
k, l, and r, Code 2023, are amended to read as follows:
i. Providing input to the department director in the
development of budget recommendations for the division
department.
j. Coordinating with the administrator to develop and
make Developing and making recommendations to the department
director pursuant to section 216A.2.
k. Serving as a liaison between the division department
and the public, sharing information and gathering constituency
input.
l. Recommending to the department the adoption of rules
-224-pursuant to chapter 17A as it deems necessary for the board and
division department.
r. Reviewing data supplied by the division department, the
department of management, the legislative services agency, the
Iowa supreme court, and other departments or agencies for the
purpose of determining the effectiveness and efficiency of the
collection of such data.
Sec. 314. Section 216A.136, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The division department shall maintain an Iowa statistical
analysis center for the purpose of coordinating with data
resource agencies to provide data and analytical information to
federal, state, and local governments, and assist agencies in
the use of criminal and juvenile justice data. Notwithstanding
any other provision of state law, unless prohibited by federal
law or regulation, the division department shall be granted
access, for purposes of research and evaluation, to criminal
history records, official juvenile court records, juvenile
court social records, and any other data collected or under
control of the board of parole, department of corrections,
department of workforce development, district departments of
correctional services, department of human services, judicial
branch, and department of public safety. However, intelligence
data and peace officer investigative reports maintained by the
department of public safety shall not be considered data for
the purposes of this section. Any record, data, or information
obtained by the division department under this section and
the division department itself is subject to the federal and
state confidentiality laws and regulations which are applicable
to the original record, data, or information obtained by the
division department and to the original custodian of the
record, data, or information. The access shall include but is
not limited to all of the following:
Sec. 315. Section 216A.137, Code 2023, is amended to read
as follows:
-225- 216A.137 Correctional policy project.
1. The division department shall maintain an Iowa
correctional policy project for the purpose of conducting
analyses of major correctional issues affecting the criminal
and juvenile justice system. The board shall identify and
prioritize the issues and studies to be addressed by the
division department through this project and shall report
project plans and findings annually along with the report
required in section 216A.135. Issues and studies to be
considered by the board shall include but are not limited
to a review of the information systems available to assess
corrections trends and program effectiveness, the development
of an evaluation plan for assessing the impact of corrections
expenditures, and a study of the desirability and feasibility
of changing the state’s sentencing practices, which includes
a prison population forecast.
2. The division department may form subcommittees for the
purpose of addressing major correctional issues affecting the
criminal and juvenile justice system. The division department
shall establish a subcommittee to address issues specifically
affecting the juvenile justice system.
Sec. 316. Section 216A.138, subsections 1, 2, 4, and 7, Code
2023, are amended to read as follows:
1. The division department shall coordinate the development
of a multiagency database to track the progress of juveniles
through various state and local agencies and programs. The
division department shall develop a plan which utilizes
existing databases, including the Iowa court information
system, the federally mandated national adoption and foster
care information system, and the other state and local
databases pertaining to juveniles, to the extent possible.
2. The department of human services, department of
corrections, judicial branch, department of public safety,
department of education, local school districts, and other
state agencies and political subdivisions shall cooperate with
-226-the division department in the development of the plan.
4. The division department shall develop the plan within
the context of existing federal privacy and confidentiality
requirements. The plan shall build upon existing resources and
facilities to the extent possible.
7. If the division department has insufficient funds and
resources to implement this section, the division department
shall determine what, if any, portion of this section may be
implemented, and the remainder of this section shall not apply.
Sec. 317. Section 216A.140, subsection 5, Code 2023, is
amended to read as follows:
5. Membership. The youth development council membership
shall be determined by the council itself and shall include the
directors or chief administrators, or their designees, from the
following state agencies and programs:
a. Child advocacy board.
b. Iowa commission on volunteer service in the office of
the governor.
c. b. Department of education.
d. Department of human rights.
e. Department of human services.
f. c. Department of public health and human services.
g. d. Department of workforce development.
h. e. Governor’s office Office of drug control policy.
i. f. Iowa cooperative extension service in agriculture and
home economics.
j. Early childhood Iowa office in the department of
management.
Sec. 318. Section 216A.140, subsection 8, paragraphs b and
c, Code 2023, are amended to read as follows:
b. The youth advisory council shall consist of no more
than twenty-one youth ages fourteen through twenty years who
reside in Iowa. Membership shall be for two-year staggered
terms. The department director, or the director’s designee,
shall select council members using an application process. The
-227-department director or the director’s designee shall strive
to maintain a diverse council membership and shall take into
consideration race, ethnicity, disabilities, gender, and
geographic location of residence of the applicants.
c. Except as otherwise provided by law, the youth advisory
council shall determine its own rules of procedure and
operating policies, subject to approval by the department
director or the director’s designee.
Sec. 319. Section 216A.141, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office on the status of African
Americans of the department of human rights.
Sec. 320. Section 216A.151, subsection 3, Code 2023, is
amended to read as follows:
3. “Office” means the office of Asian and Pacific Islander
affairs of the department of human rights.
Sec. 321. Section 216A.161, subsection 2, Code 2023, is
amended to read as follows:
2. “Office” means the office of Native American affairs of
the department of human rights.
Sec. 322. Section 216D.2, subsection 2, Code 2023, is
amended to read as follows:
2. “Public office building” means the state capitol, all
county courthouses, all city halls, and all buildings used
primarily for governmental offices of the state or any county
or city. It does not include public schools or buildings
at institutions of the state board of regents or the state
department of health and human services.
Sec. 323. NEW SECTION. 217.01 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Council” means the council on health and human services.
2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
-228-services.
Sec. 324. Section 217.1, Code 2023, is amended to read as
follows:
217.1 Programs of department.
There is established a department of health and human
services to administer programs designed to protect and improve
the health, well-being, and productivity of the people of
the state of Iowa. The department shall concern itself with
the problems of human behavior, adjustment, and daily living
through the administration of programs of family, child, and
adult welfare, economic assistance including costs of medical
care, rehabilitation toward self-care and support, delinquency
prevention and control, treatment and rehabilitation of
juvenile offenders, care and treatment of persons with mental
illness or an intellectual disability, public health, and other
related programs as provided by law.
Sec. 325. Section 217.2, Code 2023, is amended to read as
follows:
217.2 Council on health and human services.
1. a. There is created within the department of human
services a council on health and human services which shall
act in a policymaking and advisory capacity on matters within
the jurisdiction of the department. The council shall consist
of seven nine voting members appointed by the governor subject
to confirmation by the senate. Appointments shall be made
on the basis of interest in public affairs, good judgment,
and knowledge and ability in the field of health and human
services. Appointments shall be made to provide a diversity of
interest and point of view in the membership and without regard
to religious opinions or affiliations. The voting members of
the council shall serve for six-year staggered terms.
b. Each term of a voting member shall commence and end as
provided by section 69.19.
c. All voting members of the council shall be electors
of the state of Iowa. No more than four five members shall
-229-belong to the same political party and no more than two three
members shall, at the time of appointment, reside in the same
congressional district. At least one member of the council
shall be a member of a county board of supervisors at the time
of appointment to the council. At least one member of the
council shall be a physician licensed to practice medicine in
Iowa. Vacancies occurring during a term of office shall be
filled in the same manner as the original appointment for the
balance of the unexpired term subject to confirmation by the
senate.
2. In addition to the voting members described in subsection
1, the membership of the council shall include four legislators
as ex officio, nonvoting members. The four legislators shall
be appointed one each by the majority leader of the senate,
the minority leader of the senate, the speaker of the house
of representatives, and the minority leader of the house of
representatives for terms as provided in section 69.16B.
Sec. 326. Section 217.3, Code 2023, is amended to read as
follows:
217.3 Duties of council.
The council on human services shall:
1. Organize annually and select a chairperson and vice
chairperson.
2. Adopt and establish policy for the operation and
conduct of the department of human services, subject to any
guidelines which may be adopted by the general assembly, and
the implementation of all services and programs thereunder
administered by the department.
3. Report immediately to the governor any failure by the
director or any administrator of the department of human
services to carry out any of the policy decisions or directives
of the council.
4. Approve the budget of the department of human services
prior to submission to the governor. Prior to approval of the
budget, the council shall publicize and hold a public hearing
-230-to provide explanations and hear questions, opinions, and
suggestions regarding the budget. Invitations to the hearing
shall be extended to the governor, the governor-elect, the
director of the department of management, and other persons
deemed by the council as integral to the budget process. The
budget materials submitted to the governor shall include a
review of options for revising the medical assistance program
made available by federal action or by actions implemented
by other states as identified by the department, the medical
assistance advisory council created in section 249A.4B, and
by county representatives. The review shall address what
potential revisions could be made in this state and how the
changes would be beneficial to Iowans.
5. Insure that all programs administered or services
rendered by the department directly to any citizen or through
a local agency to any citizen are coordinated and integrated
so that any citizen does not receive a duplication of services
from various departments or local agencies that could be
rendered by one department or local agency. If the council
finds that such is not the case, it shall hear and determine
which department or local agency shall provide the needed
service or services and enter an order of their determination
by resolution of the council which must be concurred in by
at least a majority of the members. Thereafter such order
or resolution of the council shall be obeyed by all state
departments and local agencies to which it is directed.
6. Adopt all necessary rules recommended by the director or
administrators of divisions hereinafter established department
prior to their promulgation pursuant to chapter 17A.
7. Approve the establishment of any new division or
reorganization, consolidation or abolition of any established
division prior to the same becoming effective.
8. 7. Recommend to the governor the names of individuals
qualified for the position of director of human services when a
vacancy exists in the office.
-231- Sec. 327. Section 217.3A, Code 2023, is amended to read as
follows:
217.3A Advisory committees.
1. General. The council on human services shall establish
and utilize the advisory committee identified in this section
and may establish and utilize other ad hoc advisory committees
as determined necessary to advise the council. The council
shall establish appointment provisions, membership terms,
operating guidelines, and other operational requirements for
committees established pursuant to this section.
2. Child abuse prevention. The council shall establish a
child abuse prevention program advisory committee to support
the child abuse prevention program implemented in accordance
with section 235A.1. The duties of the advisory committee
shall include all of the following:
a. Advise the director of human services and the
administrator of the division of the department of human
services responsible for child and family programs regarding
expenditures of funds received for the child abuse prevention
program.
b. Review the implementation and effectiveness of
legislation and administrative rules concerning the child abuse
prevention program.
c. Recommend changes in legislation and administrative rules
to the general assembly and the appropriate administrative
officials.
d. Require reports from state agencies and other entities as
necessary to perform its duties.
e. Receive and review complaints from the public concerning
the operation and management of the child abuse prevention
program.
f. Approve grant proposals.
Sec. 328. Section 217.4, Code 2023, is amended to read as
follows:
217.4 Meetings of council.
-232- The council shall meet at least monthly. Additional
meetings shall be called by the chairperson or upon written
request of any three council members thereof as necessary to
carry out the duties of the council. The chairperson shall
preside at all meetings or in the absence of the chairperson
the vice chairperson shall preside. The members of the council
shall be paid a per diem as specified in section 7E.6 and their
reasonable and necessary expenses.
Sec. 329. Section 217.5, Code 2023, is amended to read as
follows:
217.5 Director of health and human services.
The chief administrative officer for the department of human
services is the director of human services. The director shall
be appointed by the governor subject to confirmation by the
senate and shall serve at the pleasure of the governor. The
governor shall fill a vacancy in this office in the same manner
as the original appointment was made. The director shall be
selected primarily for administrative ability. The director
shall not be selected on the basis of political affiliation
and shall not engage in political activity while holding this
position.
Sec. 330. NEW SECTION. 217.5A Attorneys — legal counsel
and advice.
Notwithstanding section 13.7, the department may employ or
retain attorneys to provide legal counsel and advice. However,
section 13.7 shall govern the employment or retention of
attorneys by the department to represent the department in any
action or proceeding brought in any court or tribunal.
Sec. 331. Section 217.6, Code 2023, is amended to read as
follows:
217.6 Rules and regulations — organization of department.
1. The director is hereby authorized to may recommend
to the council for adoption such rules and regulations as
are necessary to carry into practice administer the duties,
functions, and programs of the various divisions and to
-233-establish such divisions and to assign or reassign duties,
powers, and responsibilities within the department, all with
the approval of the council on human services, within the
department as the director deems necessary and appropriate
for the proper administration of the duties, functions and
programs with which the department is charged. Any action
taken, decision made, or administrative rule adopted by any
administrator of a division may be reviewed by the director.
The director, upon such review, may affirm, modify, or reverse
any such action, decision, or rule.
2. The rules and regulations adopted for the public benefits
and programs administered by the department of human services
shall apply the residency eligibility restrictions required by
federal and state law.
3. The director shall organize the department of human
services into divisions subunits as necessary to most
efficiently carry out in an efficient manner the intent
of this chapter and any other chapter the department is
responsible for administering. The department of human
services may be initially divided into the following divisions
of responsibility:
a. The division of child and family services.
b. The division of mental health and disability services.
c. The division of administration.
d. The division of planning, research, and statistics.
4. If the department of human services requires or requests
a service consumer, service provider, or other person to
maintain required documentation in electronic form, the
department shall accept such documentation submitted by
electronic means and shall not require a physical copy of the
documentation unless required by state or federal law.
Sec. 332. Section 217.13, Code 2023, is amended to read as
follows:
217.13 Department to provide certain volunteer services —
volunteer liability.
-234- 1. The department of human services shall establish
volunteer programs designed to enhance the services provided
by the department. Roles for volunteers may include but shall
not be limited to parent aides, friendly visitors, commodity
distributors, clerical assistants, medical transporters, and
other functions to complement and supplement the department’s
work with clients. Roles for volunteers shall include
conservators and guardians. The department shall adopt rules
for programs which are established.
2. a. The director shall appoint a coordinator of volunteer
services to oversee the provision of services of volunteer
conservators and guardians on a volunteer basis to individuals
in this state requiring such services. The coordinator,
after consulting with personnel assigned to the district of
the department, shall recommend to the director how best to
serve the needs of individuals in need of the services of a
guardian or conservator. Where possible, the coordinator shall
recommend that the services be provided on a multicounty basis.
b. The coordinator shall cooperate with the administrators
of the divisions of the department in providing these services
and shall seek out alternative sources for providing the
services required under this section.
3. All volunteers registered with the department and
in compliance with departmental rules are considered state
employees for purposes of chapter 669. However, this section
does not except a conservator or guardian from an action
brought under section 658.1A or 658.3. This section does not
relieve a guardian or conservator from duties under chapter
633.
Sec. 333. Section 217.18, Code 2023, is amended to read as
follows:
217.18 Official seal.
The department shall have an official seal with the words
“Iowa Department of Health and Human Services” and such other
design as the department prescribes engraved thereon on the
-235-seal. Every commission, order, or other paper of an official
nature executed by the department may be attested with such the
seal.
Sec. 334. Section 217.19, Code 2023, is amended to read as
follows:
217.19 Expenses.
1. The director of said department, and the director’s
staff, assistants, and employees shall, in addition to salary,
receive their necessary traveling expenses by the nearest
traveled and practicable route, when engaged in the performance
of official business.
2. The department of administrative services shall work
with the department of human services to develop and implement
an expense policy applicable to the members of a board,
commission, committee, or other body under the auspices of the
department of human services who meet the income requirements
for payment of per diem in accordance with section 7E.6,
subsection 2. The policy shall allow for the payment of
the member’s expenses to be addressed through use of direct
billings, travel purchase card, prepaid expenses, or other
alternative means of addressing the expenses in lieu of
reimbursement of the member.
Sec. 335. Section 217.21, Code 2023, is amended to read as
follows:
217.21 Annual report.
The department shall, annually, at the time provided by law
make a report to the governor and general assembly, and cover
therein in the report the annual period ending with June 30
preceding, which report shall embrace include:
1. An itemized statement of its the department’s
expenditures concerning each program under its the department’s
administration.
2. Adequate and complete statistical reports for the
state as a whole concerning all payments made under its the
department’s administration.
-236- 3. Such recommendations as to changes in laws under its the
department’s administration as the director may deem necessary.
4. The observations and recommendations of the director and
the council on human services relative to the programs of the
department.
5. Such other information as the director or council on
human services may deem deems advisable, or which may be
requested by the governor or by the general assembly.
Sec. 336. Section 217.23, Code 2023, is amended to read as
follows:
217.23 Personnel — merit system — reimbursement for damaged
property.
1. The director of human services or the director’s
designee, shall employ such personnel as are necessary for the
performance of the duties and responsibilities assigned to
the department. All employees shall be selected on a basis
of fitness for the work to be performed with due regard to
training and experience and shall be subject to the provisions
of chapter 8A, subchapter IV.
2. The department may expend moneys from the support
allocation of the department as reimbursement for replacement
or repair of personal items of the department’s employees
damaged or destroyed by clients of the department during the
employee’s tour of duty. However, the reimbursement shall not
exceed three hundred dollars for each item. The department
shall establish rules in accordance with chapter 17A to carry
out the purpose of this section.
Sec. 337. Section 217.24, Code 2023, is amended to read as
follows:
217.24 Payment by electronic funds transfer.
The department of human services shall continue expanding
the practice of making payments to program participants and
vendors by means of electronic funds transfer. The department
shall seek the capacity for making payment by such means for
all programs administered by the department.
-237- Sec. 338. Section 217.32, Code 2023, is amended to read as
follows:
217.32 Office space in county.
Where When the department of human services assigns
personnel to an office located in a county for the purpose of
performing in that county designated eligibility for economic
and medical assistance programs and protective services duties
and responsibilities assigned by law to the department, it
shall be the responsibility of the county to provide and
maintain the necessary office space and office supplies and
equipment for the personnel so assigned in the same manner as
if they were employees of the county. The department shall at
least annually, or more frequently if the department so elects,
reimburse the county for a portion, designated by law, of the
cost of maintaining office space and providing supplies and
equipment as required by this section, and also for a similar
portion of the cost of providing the necessary office space if
in order to do so it is necessary for the county to lease office
space outside the courthouse or any other building owned by the
county. The portion of the foregoing costs reimbursed to the
county under this section shall be equivalent to the proportion
of those costs which the federal government authorizes to be
paid from available federal funds, unless the general assembly
directs otherwise when appropriating funds for support of the
department.
Sec. 339. Section 217.33, Code 2023, is amended to read as
follows:
217.33 Legal services.
The director of human services pursuant to a state plan
funded in part by the federal government may provide services
for eligible persons by contract with nonprofit legal aid
organizations.
Sec. 340. Section 217.34, Code 2023, is amended to read as
follows:
217.34 Debt setoff.
-238- The investigations division of the department of inspections
and appeals and the department of human services shall provide
assistance to set off against a person’s or provider’s income
tax refund or rebate any debt which has accrued through written
contract, nonpayment of premiums pursuant to section 249A.3,
subsection 2, paragraph “a”, subparagraph (1), subrogation,
departmental recoupment procedures, or court judgment and which
is in the form of a liquidated sum due and owing the department
of human services. The department of inspections and appeals,
with approval of the department of human services, shall adopt
rules under chapter 17A necessary to assist the department of
administrative services in the implementation of the setoff
under section 8A.504 in regard to money owed to the state for
public assistance overpayments or nonpayment of premiums as
specified in this section. The department of human services
shall adopt rules under chapter 17A necessary to assist the
department of administrative services in the implementation of
the setoff under section 8A.504, in regard to collections by
the child support recovery unit services and the foster care
recovery unit services.
Sec. 341. Section 217.35, Code 2023, is amended to read as
follows:
217.35 Fraud and recoupment activities.
Notwithstanding the requirement for deposit of recovered
moneys under section 239B.14, recovered moneys generated
through fraud and recoupment activities are appropriated to
the department of human services to be used for additional
fraud and recoupment activities performed by the department of
human services or the department of inspections and appeals.
The department of human services may use the recovered
moneys appropriated to add not more than five full-time
equivalent positions, in addition to those funded by annual
appropriations. The appropriation of the recovered moneys is
subject to both of the following conditions:
1. The director of human services determines that the
-239-investment can reasonably be expected to increase recovery of
assistance paid in error, due to fraudulent or nonfraudulent
actions, in excess of the amount recovered in the previous
fiscal year.
2. The amount expended for the additional fraud and
recoupment activities shall not exceed the amount of the
projected increase in assistance recovered.
Sec. 342. Section 217.36, Code 2023, is amended to read as
follows:
217.36 Distribution of earned income tax credit information.
1. The department shall ensure that educational materials
relating to the federal and state earned income tax credits
are provided in accordance with this section to each household
receiving assistance or benefits under:
a. The hawk-i Hawki program under chapter 514I.
b. The family investment program under chapter 239B.
c. The medical assistance Act program under chapter 249A.
d. The food programs defined in section 234.1 which are
administered by the department.
e. Any other appropriate programs administered by, or under
the oversight of, the department of human services.
2. The department shall, by mail or through the internet,
provide a household described in subsection 1 with access to:
a. Internal revenue service publications relating to the
federal earned income tax credit.
b. Department of revenue publications relating to the state
earned income tax credit.
c. Information prepared by tax preparers who provide
volunteer or free federal or state income tax preparation
services to low-income and other eligible persons and who are
located in close geographic proximity to the person.
3. In January of each year, the department or a
representative of the department shall mail to each household
described in subsection 1 information about the federal and
state earned income tax credit that provides the household with
-240-referrals to the resources described in subsection 2.
4. The mailings required by the department under this
section do not have to be made as a separate mailing but may
be included in existing mailings being made to the appropriate
households.
Sec. 343. Section 217.40, Code 2023, is amended to read as
follows:
217.40 Training for guardians and conservators.
The department of human services, or a person designated
by the director, shall establish training programs designed
to assist all duly appointed guardians and conservators in
understanding their fiduciary duties and liabilities, the
special needs of the ward, and how to best serve the ward and
the ward’s interests.
Sec. 344. Section 217.41, Code 2023, is amended to read as
follows:
217.41 Refugee services foundation.
1. The department of human services shall cause a refugee
services foundation to be created for the sole purpose of
engaging in refugee resettlement activities to promote the
welfare and self-sufficiency of refugees who live in Iowa and
who are not citizens of the United States. The foundation may
establish an endowment fund to assist in the financing of its
activities. The foundation shall be incorporated under chapter
504.
2. The foundation shall be created in a manner so that
donations and bequests to the foundation qualify as tax
deductible under federal and state income tax laws. The
foundation is not a state agency and shall not exercise
sovereign power of the state. The state is not liable for any
debts of the foundation.
3. The refugee services foundation shall have a board
of directors of five members. One member shall be appointed
by the governor and four members shall be appointed by the
director of human services. Members of the board shall serve
-241-three-year terms beginning on July 1, and ending on June 30. A
vacancy on the board shall be filled in the same manner as the
original appointment for the remainder of the term. Not more
than two members appointed by the director of human services
shall be of the same gender or of the same political party.
4. The refugee services foundation may accept and
administer trusts deemed by the board to be beneficial.
Notwithstanding section 633.63, the foundation may act as
trustee of such a trust.
Sec. 345. Section 217.41B, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services shall discontinue the
Medicaid family planning network waiver effective July 1, 2017,
and shall instead establish a state family planning services
program. The state program shall replicate the eligibility
requirements and other provisions included in the Medicaid
family planning network waiver as approved by the centers for
Medicare and Medicaid services of the United States department
of health and human services in effect on June 30, 2017.
Sec. 346. Section 217.41B, subsection 3, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The department of human services shall adopt rules
pursuant to chapter 17A to require that as a condition of
eligibility as a provider under the family planning services
program, each distinct location of a nonprofit health care
delivery system shall enroll in the program as a separate
provider, be assigned a distinct provider identification
number, and complete an attestation that abortions are not
performed at the distinct location.
Sec. 347. Section 217.41C, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of human services shall create the more
options for maternal support program, a statewide program to
promote healthy pregnancies and childbirth through nonprofit
organizations that provide pregnancy support services.
-242- Sec. 348. Section 217.41C, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of human services shall issue a request for
proposals to select a program administrator for the program.
A program administrator shall meet all of the following
requirements:
Sec. 349. Section 217.41C, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. The department of human services shall publish the
program administrator and subcontractor criteria on the
department’s internet site.
6. The department of human services shall adopt rules
pursuant to chapter 17A to administer the program, and shall
provide technical assistance to the program administrator,
monitor the program administrator for adherence to state and
federal requirements, and collect and maintain program data.
Sec. 350. Section 217.41C, subsection 7, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Beginning October 1, 2023, and on or before October
1 annually thereafter, the department of human services
shall submit to the general assembly the following program
information relative to the prior fiscal year:
Sec. 351. Section 217.42, Code 2023, is amended to read as
follows:
217.42 Service areas — County offices.
1. The organizational structure to deliver the department’s
field services shall be based upon service areas designated by
the department. The service areas shall serve as a basis for
providing field services to persons residing in the counties
comprising the service area.
2. 1. The department shall maintain an office in each
county. Based on the annual appropriations for field
operations, the department shall strive to maintain a full-time
presence in each county. If it is not possible to maintain a
full-time presence in each county, the department shall provide
-243-staff based on its caseweight system to assure the provision of
services. The department shall consult with the county boards
of supervisors of those counties regarding staffing prior to
any modification of office hours.
3. 2. A county or group of counties may voluntarily enter
into a chapter 28E agreement with the department to provide
funding or staff persons to deliver field services in county
offices. The agreement shall cover the full fiscal year but
may be revised by mutual consent.
Sec. 352. Section 217.43, Code 2023, is amended to read as
follows:
217.43 Service area County advisory boards — location of
county offices.
1. a. The department shall establish a service area one
or more advisory board in each service area boards. Each of
the county boards of supervisors of the counties comprising
the service area shall appoint two service area advisory board
members. All of the following requirements apply to the
appointments made by a county board of supervisors:
(1) The membership shall be appointed in accordance with
section 69.16, relating to political affiliation, and section
69.16A, relating to gender balance.
(2) Not more than one of the members shall be a member of
the board of supervisors.
(3) Appointments shall be made on the basis of interest in
maintaining and improving service delivery.
b. Appointments shall be made a part of the regular
proceedings of the board of supervisors and shall be filed with
the county auditor and the service area manager department. A
vacancy on the board shall be filled in the same manner as the
original appointment.
c. The boards of supervisors shall develop and agree to
other organizational provisions involving the advisory board,
including reporting requirements.
2. The purpose of the advisory boards is to improve
-244-communication and coordination between the department and the
counties and to advise the department regarding maintenance and
improvement of service delivery in the counties and communities
comprising the service areas.
3. The department shall determine the community in which
each county office will be located. The county board of
supervisors shall determine the location of the office space
for the county office. The county board of supervisors shall
make reasonable efforts to collocate the office with other
state and local government or private entity offices in order
to maintain the offices in a cost-effective location that is
convenient to the public.
Sec. 353. Section 217.44, Code 2023, is amended to read as
follows:
217.44 Service areas Department offices — employee and
volunteer record checks.
1. The record check evaluation system of the department
shall conduct criminal and child and dependent adult abuse
record checks of persons who are potential employees,
employees, potential volunteers, and volunteers in service area
department offices in a position having direct contact with the
department’s clients. The record checks shall be performed in
this state and the department record check evaluation system
may conduct these checks in other states. If the department
record check evaluation system determines that a person has
been convicted of a crime or has a record of founded child or
dependent adult abuse, the department record check evaluation
system shall perform an evaluation to determine whether the
crime or founded abuse warrants prohibition of the person’s
employment or participation as a volunteer. The record checks
and evaluation shall be performed in accordance with procedures
adopted for this purpose by the department.
2. In an evaluation, the department record check evaluation
system shall consider the nature and seriousness of the crime
or founded child or dependent adult abuse in relation to the
-245-position sought or held, the time elapsed since the commission
of the crime or founded abuse, the circumstances under which
the crime or founded abuse was committed, the degree of
rehabilitation, the likelihood that the person will commit
the crime or founded abuse again, and the number of crimes or
founded abuses committed by the person involved.
3. The department record check evaluation system may permit
a person who is evaluated to be employed or to participate as a
volunteer if the person complies with the department’s record
check evaluation system’s conditions relating to employment or
participation as a volunteer which may include completion of
additional training.
4. If the department record check evaluation system
determines that the person has committed a crime or has a
record of founded child or dependent adult abuse which warrants
prohibition of employment or participation as a volunteer, the
person shall not be employed by or participate as a volunteer
in a department service area office in a position having direct
contact with the department’s clients.
Sec. 354. Section 217.45, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A background investigation may be conducted by the
department of human services on all of the following
individuals:
Sec. 355. Section 218.1, Code 2023, is amended to read as
follows:
218.1 Institutions controlled.
The director of human services shall have the general and
full authority given under statute to control, manage, direct,
and operate the following institutions under the director’s
jurisdiction, and may at the director’s discretion assign
the powers and authorities given the director by statute to
any one of the deputy directors, division administrators, or
officers or employees of the divisions of the department of
human services a superintendent:
-246- 1. Glenwood state resource center.
2. Woodward state resource center.
3. Mental health institute, Cherokee, Iowa.
4. Mental health institute, Independence, Iowa.
5. State training school.
6. Iowa juvenile home.
7. 6. Other facilities not attached to the campus of the
main institution as program developments require.
Sec. 356. Section 218.2, Code 2023, is amended to read as
follows:
218.2 Powers of governor — report of abuses.
1. Nothing contained in section 218.1 shall limit the
general supervisory or examining powers vested in the governor
by the laws or Constitution of the State of Iowa, or legally
vested by the governor in any committee appointed by the
governor.
2. The administrator superintendent to whom primary
responsibility for a particular institution has been assigned
shall make reports to the director of human services as are
requested by the director and the director shall report, in
writing, to the governor any abuses found to exist in any of
the institutions.
Sec. 357. Section 218.3, Code 2023, is amended to read as
follows:
218.3 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Administrator” means the person to whom the director
of human services has assigned power and authority over an
institution in accordance with section 218.1. “Council” means
the council on health and human services.
2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
services.
-247- 2. 4. “Institution” means an institution listed in section
218.1.
5. “Resident” means a person committed or admitted to an
institution and is synonymous with patient, as appropriate to
the institution.
6. “Superintendent” means the person to whom primary
responsibility for a particular institution has been assigned.
Sec. 358. Section 218.4, Code 2023, is amended to read as
follows:
218.4 Recommendation for rules.
1. The administrators of particular institutions department
shall recommend to the council on human services for adoption
such rules not inconsistent with law as they may deem necessary
for the discharge of their duties, the management of each
of such the institutions, and the admission, of residents
thereto and the treatment, care, custody, education and
discharge of residents. It is made the duty of the particular
administrators department to establish rules by which danger
to life and property from fire will be minimized. In the
discharge of their duties and in the enforcement of their
rules, they The department may require any of their appointees
to perform duties in addition to those required by statute.
2. Rules adopted by the council pursuant to chapter 17A
shall be uniform and shall apply to all institutions under the
particular administrator and to all other institutions under
the administrator’s department’s jurisdiction. The primary
rules for use in institutions where persons with mental illness
are served shall, unless otherwise indicated, uniformly apply
to county or private hospitals in which persons with mental
illness are served, but the rules shall not interfere with
proper medical treatment administered to patients such persons
by competent physicians. Annually, signed copies of the rules
shall be sent to the superintendent of each institution or
hospital under the control or supervision of a particular
administrator. Copies shall also be sent to the clerk of each
-248-district court, the chairperson of the board of supervisors
of each county and, as appropriate, to the officer in charge
of institutions or hospitals caring for persons with mental
illness in each county who shall be responsible for seeing
that the rules are posted in each institution or hospital in a
prominent place. The rules shall be kept current to meet the
public need and shall be revised and published annually.
3. The state fire marshal shall cause to be made an annual
inspection of all the institutions listed in section 218.1 and
shall make provide a written report thereof of each inspection
to the particular administrator of the state department of
human services in control of such institution.
Sec. 359. Section 218.5, Code 2023, is amended to read as
follows:
218.5 Fire protection contracts.
The administrators shall have power to department may
enter into contracts with the governing body of any city or
other municipal corporation for the protection from fire of
any property under the administrators’ department’s primary
control, located in any municipal corporation or in territory
contiguous to the municipal corporation, upon terms as may be
agreed upon.
Sec. 360. Section 218.6, Code 2023, is amended to read as
follows:
218.6 Transfer of appropriations made to institutions.
1. Notwithstanding section 8.39, subsection 1, without the
prior written consent and approval of the governor and the
director of the department of management, the director of human
services may transfer funds between the appropriations made for
the institutions, listed as follows:
a. The state resource centers.
b. The state mental health institutes.
c. The state training school.
d. The civil commitment unit for sexual offenders.
2. The department shall report any transfer made pursuant
-249-to subsection 1 during a fiscal quarter to the legislative
services agency within thirty days of the beginning of the
subsequent fiscal quarter.
Sec. 361. Section 218.9, Code 2023, is amended to read as
follows:
218.9 Appointment of superintendents.
1. The administrator in charge of an institution, subject to
the approval of the director of human services, shall appoint
the superintendent of the institution. The tenure of office of
a superintendent shall be at the pleasure of the administrator
director. The administrator director may transfer a
superintendent or warden from one institution to another.
2. The superintendent or warden shall have immediate
custody and control, subject to the orders and policies of the
administrator in charge of the institution director, of all
property used in connection with the institution except as
provided in this chapter.
Sec. 362. Section 218.10, Code 2023, is amended to read as
follows:
218.10 Subordinate officers and employees.
The administrator in charge of a particular institution,
with the consent and approval of the director of human
services, shall determine the number of subordinate officers
and employees for the institution. Subject to this chapter,
the officers and employees shall be appointed and discharged
by the superintendent or business manager the superintendent’s
designee pursuant to chapter 8A, subchapter IV. The
superintendent shall keep, in the record of each subordinate
officer and employee, the date of employment, the compensation,
and the date of each discharge, and the reasons for discharge.
Sec. 363. Section 218.12, Code 2023, is amended to read as
follows:
218.12 Bonds.
The administrator in charge of any particular institution
shall require each Each officer and any employee of such
-250-administrator and of every an institution under the
administrator’s control who may be charged with the custody
or control of any money or property belonging to the state to
give shall provide an official bond, properly conditioned,
and signed by sufficient sureties in a sum to be fixed by
the administrator director, which bond shall be approved by
the administrator director, and filed in the office of the
secretary of state.
Sec. 364. Section 218.13, Code 2023, is amended to read as
follows:
218.13 Record checks.
1. For the purposes of this section, unless the context
otherwise requires:
a. “Department” means the department of human services.
b. “Institution” means an institution controlled by the
department as described in section 218.1.
c. “Resident” means a person committed or admitted to an
institution.
2. 1. If a person is being considered for employment
involving direct responsibility for a resident or with access
to a resident when the resident is alone, or if a person
will reside in a facility utilized by an institution, and
if the person has been convicted of a crime or has a record
of founded child or dependent adult abuse, the record check
evaluation system of the department shall perform an evaluation
to determine whether the crime or founded abuse warrants
prohibition of employment or residence in the facility. The
department record check evaluation system shall conduct
criminal and child and dependent adult abuse record checks of
the person in this state and may conduct these checks in other
states. The investigation and evaluation shall be performed
in accordance with procedures adopted for this purpose by the
department.
3. 2. If the department record check evaluation system
determines that a person, who is employed by an institution
-251-or resides in a facility utilized by an institution, has
been convicted of a crime or has a record of founded child
or dependent adult abuse, the department record check
evaluation system shall perform an evaluation to determine
whether prohibition of the person’s employment or residence is
warranted. The evaluation shall be performed in accordance
with procedures adopted for this purpose by the department.
4. 3. In an evaluation, the department record check
evaluation system shall consider the nature and seriousness of
the crime or founded child or dependent adult abuse in relation
to the position sought or held, the time elapsed since the
commission of the crime or founded abuse, the circumstances
under which the crime or founded abuse was committed, the
degree of rehabilitation, the likelihood that the person will
commit the crime or founded abuse again, and the number of
crimes or founded abuses committed by the person involved.
The department record check evaluation system may permit
a person who is evaluated to be employed or reside or to
continue employment or residence if the person complies with
the department’s record check evaluation system’s conditions
relating to employment or residence which may include
completion of additional training.
5. 4. If the department record check evaluation system
determines that the person has committed a crime or has a
record of founded child or dependent adult abuse which warrants
prohibition of employment or residence, the person shall not
be employed by an institution or reside in a facility utilized
by an institution.
Sec. 365. Section 218.14, Code 2023, is amended to read as
follows:
218.14 Dwelling of superintendent or other employee.
1. The administrator having control over an institution
may, with consent of the director of human services, may
furnish the superintendent of the institution, in addition
to salary, with a dwelling or with appropriate quarters in
-252-lieu of the dwelling, or the administrator may compensate the
superintendent of the institution in lieu of furnishing a
dwelling or quarters. If the superintendent of the institution
is furnished with a dwelling or quarters, either of which is
owned by the state, the superintendent may also be furnished
with water, heat, and electricity.
2. The administrator having control over an institution
director may furnish assistant superintendents or other
employees, or both, with a dwelling or with appropriate
quarters, owned by the state. The assistant superintendent or
employee, who is so furnished, shall pay rent for the dwelling
or quarters in an amount to be determined by the superintendent
of the institution director, which shall be the fair market
rental value of the dwelling or quarters. If an assistant
superintendent or employee is furnished with a dwelling or
quarters, either of which is owned by the state, the assistant
superintendent or employee may also be furnished with water,
heat, and electricity. However, the furnishing of these
utilities shall be considered in determining the fair market
rental value of the dwelling or quarters.
Sec. 366. Section 218.15, Code 2023, is amended to read as
follows:
218.15 Salaries — how paid.
The salaries and wages shall be included in the semimonthly
payrolls and paid in the same manner as other expenses of the
several institutions.
Sec. 367. Section 218.17, Code 2023, is amended to read as
follows:
218.17 Authorized leave.
Vacations and sick leave with pay as authorized in section
70A.1 shall only be taken at such times as the superintendent
or the business manager superintendent’s designee in charge
of an officer or employee, as the case may be, may direct,
and only after written authorization by the superintendent or
business manager the superintendent’s designee, and for the
-253-number of days specified in the authorization. A copy of the
authorization shall be attached to the institution’s copy of
the payroll of the institution, for audit purposes, for the
period during which the vacation was taken, and the semimonthly
payroll shall show the number of days the person was absent
under the authorization.
Sec. 368. Section 218.21, Code 2023, is amended to read as
follows:
218.21 Record of residents.
The administrator of the department of human services in
control of a state institution director shall, as to every
person committed to any of the institutions, keep the following
record:
1. Name.
2. Residence.
3. Sex.
4. Age.
5. Nativity.
6. Occupation.
7. Civil condition.
8. Date of entrance or commitment.
9. Date of discharge.
10. Whether a discharge was final.
11. Condition of the person when discharged.
12. The name of the institutions from which and to which
such person has been transferred.
13. If dead deceased, the date and cause of the person’s
death.
Sec. 369. Section 218.22, Code 2023, is amended to read as
follows:
218.22 Record privileged.
Except with the consent of the administrator in charge of an
institution director, or on an order of a court of record, the
record provided in section 218.21 shall be accessible only to
the administrator of the division of the department of human
-254-services in control of such institution, the director of the
department of human services and to assistants and proper
clerks authorized by such administrator or the administrator’s
the director. The administrator of the division of such
institution is authorized to director may permit the division
of library services of the department of education and the
historical division of the department of cultural affairs to
copy or reproduce by any photographic, photostatic, microfilm,
microcard or other process which accurately reproduces a
durable medium for reproducing the original and to destroy
in the manner described by law such records of residents
designated in section 218.21.
Sec. 370. Section 218.23, Code 2023, is amended to read as
follows:
218.23 Reports to administrator director.
The superintendent of an institution shall, within ten
days after the commitment or entrance of a person to the
institution, cause a true copy of the person’s entrance record
to be made and forwarded to the administrator in control of
the institution director or the director’s designee. When a
patient or resident leaves, or is discharged, or transferred
from, or dies in an institution, the superintendent or person
in charge shall within ten days after that date send the
information to the office of the institution’s administrator
director or the director’s designee on forms which the
administrator director prescribes.
Sec. 371. Section 218.24, Code 2023, is amended to read as
follows:
218.24 Questionable commitment.
The superintendent is required to shall immediately
notify the administrator in control of the superintendent’s
particular institution director if there is any question as
to the propriety of the commitment or detention of any person
received at such an institution, and said administrator the
director, upon such notification, shall inquire into the matter
-255-presented, and take such proper action as may be deemed proper
in the premises.
Sec. 372. Section 218.26, Code 2023, is amended to read as
follows:
218.26 Religious worship.
Any such resident, during the time of the resident’s
detention, shall be allowed, for at least one hour on each
Sunday weekly and in times of extreme sickness, and at such
other suitable and reasonable times as is consistent with the
resident’s religious belief and proper discipline in said
the institution, to receive spiritual advice, instruction,
and ministration from any recognized member of the clergy of
the church or denomination which represents the resident’s
religious belief.
Sec. 373. Section 218.27, Code 2023, is amended to read as
follows:
218.27 Religious belief of minors.
In case such If a resident is a minor and has formed no
choice, the minor’s preference may, at any time, be expressed
by the minor with the approval of parents or guardian, if the
minor has any such a parent or guardian.
Sec. 374. Section 218.28, Code 2023, is amended to read as
follows:
218.28 Investigation.
The administrator of the department of human services in
control of a particular institution or the administrator’s
authorized officer or employee director or the director’s
designee shall visit, and minutely examine, at least once in
six months, and more often if necessary or required by law,
the institutions under such administrator’s control, and the
financial condition and management thereof of the institutions.
Sec. 375. Section 218.29, Code 2023, is amended to read as
follows:
218.29 Scope of investigation.
The administrator of the department of human services in
-256-control of a particular institution or the administrator’s
authorized officer or employee director or the director’s
designee shall, during such investigation and as far as
possible, see every resident of each institution, especially
those admitted since the director’s or the director’s
designee’s preceding visit, and shall give such residents as
may require it, suitable opportunity to converse with such
administrator or authorized officer or employee the director or
the director’s designee apart from the officers and attendants.
Sec. 376. Section 218.30, Code 2023, is amended to read as
follows:
218.30 Investigation of other institutions facilities.
The administrators to whom control of institutions has been
assigned, or their authorized officers or employees, director
may investigate or cause the investigation of charges of abuse,
neglect, or mismanagement on the part of an officer or employee
of a private institution facility which is subject to the
administrator’s particular director’s supervision or control.
The administrator who has been assigned to have authority over
the state mental health institutes, or the administrator’s
authorized officer or employee, director shall also investigate
or cause the investigation of charges concerning county care
facilities in which persons with mental illness are served.
Sec. 377. Section 218.31, Code 2023, is amended to read as
follows:
218.31 Witnesses.
In aid of any investigation the administrator shall have
the power to department may summon and compel the attendance
of witnesses; to examine the witnesses under oath, which the
administrator shall have power to director or the director’s
designee may administer; to have access to all books, papers,
and property material to such investigation; and to order
the production of any other books or papers material to the
investigation. Witnesses other than those in the employ of the
state shall be entitled to the same fees as in civil cases in
-257-the district court.
Sec. 378. Section 218.32, Code 2023, is amended to read as
follows:
218.32 Contempt.
Any person failing or refusing to obey the orders of the
administrator department issued under section 218.31, or to
give or produce evidence when required, shall be reported by
the administrator department to the district court in the
county where the offense occurs, and shall be dealt with by the
court as for contempt of court.
Sec. 379. Section 218.33, Code 2023, is amended to read as
follows:
218.33 Transcript of testimony.
The particular administrator involved department shall cause
the testimony taken at such investigation to be transcribed and
filed in the administrator’s office at the seat of government
with the department within ten days after the same testimony
is taken, or as soon thereafter as practicable, and when so
filed the same testimony shall be open for the inspection of
any person.
Sec. 380. Section 218.41, Code 2023, is amended to read as
follows:
218.41 Custody.
When a resident of an institution is so working outside the
institution proper, the resident shall be deemed is at all
times in the actual custody of the head superintendent of the
institution.
Sec. 381. Section 218.42, Code 2023, is amended to read as
follows:
218.42 Wages of residents.
If a resident performs services for the state at an
institution listed in section 218.1, the administrator in
control of the institution department shall pay the resident
a wage in accordance with federal wage and hour requirements.
However, the wage amount shall not exceed the amount of the
-258-prevailing wage paid in the state for a like service or its
equivalent.
Sec. 382. Section 218.43, Code 2023, is amended to read as
follows:
218.43 Deduction to pay court costs.
If wages are paid to a resident pursuant to section
218.42, the administrator in control of an institution listed
in section 218.1 department may deduct from the wages an
amount sufficient to pay all or a part of the costs taxed
to the resident by reason of the resident’s commitment to
the institution. In such case the amount so deducted shall
be forwarded to the clerk of the district court or proper
official.
Sec. 383. Section 218.44, Code 2023, is amended to read as
follows:
218.44 Wages paid to dependent — deposits.
If wages are paid to a resident pursuant to section 218.42,
the administrator in control of an institution listed in
section 218.1 department may pay all or any part of the wages
directly to any dependent of the resident. The administrator
department may also deposit the wages to the account of the
resident, or may so deposit part of the wages and allow the
resident a portion for the resident’s own personal use, or
may pay to the county of commitment all or any part of the
resident’s care, treatment, or subsistence while at said the
institution from any credit balance accruing to the account of
the resident.
Sec. 384. Section 218.45, Code 2023, is amended to read as
follows:
218.45 Conferences.
Quarterly conferences of the superintendents of the
institutions shall be held with the administrator in control
of the institutions director at Des Moines or at institutions
under the administrator’s director’s jurisdiction, for the
consideration of all matters relative to the management of
-259-the institutions. Full minutes of the conferences shall be
preserved in the records of the administrator department.
The administrator in control director may cause papers on
appropriate subjects to be prepared and read presented at the
conferences.
Sec. 385. Section 218.46, Code 2023, is amended to read as
follows:
218.46 Scientific investigation.
1. The administrator who is in charge of an institution
director shall encourage the scientific investigation, on
the part of the superintendent and medical staff of the
institution, as to the most successful methods of institutional
management and treating treatment of the persons committed to
the institution. In addition, the administrator department
shall procure and furnish to the superintendent and medical
staff information relative to such management and treatment
and, from time to time, publish bulletins and reports of
scientific and clinical work done in that type of institution.
2. The administrators of such state institutions are
authorized to department may provide services and facilities
for the scientific observation, rechecking, and treatment of
persons with mental illness within the state. Application by,
or on behalf of, any person for such services and facilities
shall be made to the administrator in charge of the particular
institution involved and shall be made director on forms
furnished by such administrator the department. The time and
place of admission of any person to outpatient or clinical
services and facilities for scientific observation, rechecking,
and treatment and the use of such services and facilities for
the benefit of persons who have already been hospitalized
for psychiatric evaluation and appropriate treatment or
involuntarily hospitalized as seriously mentally ill shall
be in accordance with rules and regulations adopted by the
administrator in control of the particular institution involved
department.
-260- Sec. 386. Section 218.47, Code 2023, is amended to read as
follows:
218.47 Monthly report.
The superintendent or business manager of each institution
or the superintendent’s designee shall, on the first day of
each month, account to the administrator in control of the
particular institution director or the director’s designee for
all state funds received during the preceding month, and, at
the same time, remit the accounting to the treasurer of state.
Sec. 387. Section 218.48, Code 2023, is amended to read as
follows:
218.48 Annual reports.
The superintendent or business manager of each institution
or the superintendent’s designee shall make an annual report
to the administrator in control of the particular institution
director and include in the report a detailed and accurate
inventory of the stock and supplies on hand, and their amount
and value, under the following headings:
1. Livestock.
2. Farm produce on hand.
3. Vehicles.
4. Agricultural implements.
5. Machinery.
6. Mechanical fixtures.
7. Real estate.
8. Furniture.
9. Bedding in residents’ department.
10. State property in superintendent’s department.
11. Clothing.
12. Dry goods.
13. Provisions and groceries.
14. Drugs and medicine.
15. Fuel.
16. Library.
17. All other state property under appropriate headings
-261-to be determined by the particular administrator involved
director.
Sec. 388. Section 218.49, Code 2023, is amended to read as
follows:
218.49 Contingent fund.
The administrator in control of an institution director
may permit the superintendent or the business manager of
each institution or the superintendent’s designee to retain
a stated amount of funds under the superintendent’s or
business manager’s superintendent’s designee’s supervision
as a contingent fund for the payment of freight, postage,
commodities purchased on authority of the particular
superintendent or business manager involved on a cash basis,
salaries, and bills granting discount for cash.
Sec. 389. Section 218.50, Code 2023, is amended to read as
follows:
218.50 Requisition for contingent fund.
If necessary, the director of the department of human
services shall make proper requisition upon the director of
the department of administrative services for a warrant on the
state treasurer to secure the said contingent fund for each
institution.
Sec. 390. Section 218.51, Code 2023, is amended to read as
follows:
218.51 Monthly reports of contingent fund.
A monthly report of the status of such the contingent fund
shall be submitted by the proper officer of said superintendent
of each institution or the superintendent’s designee to
the administrator in control of the institution involved
and such director or the director’s designee in accordance
with applicable rules as such administrator may establish
established by the director.
Sec. 391. Section 218.52, Code 2023, is amended to read as
follows:
218.52 Supplies — competition.
-262- The administrator in control of a state institution
department shall, in the purchase of supplies, afford all
reasonable opportunity for competition, and shall give
preference to local dealers and Iowa producers when such can be
done without loss to the state.
Sec. 392. Section 218.55, Code 2023, is amended to read as
follows:
218.55 Purchase from an institution.
An administrator The department may purchase supplies of
any institution under the administrator’s control, for use in
any other institution under the administrator’s control, and
reasonable payment for the supplies shall be made as in the
case of other purchases.
Sec. 393. Section 218.56, Code 2023, is amended to read as
follows:
218.56 Purchase of supplies — vendor warrants.
1. The administrators department shall, from time to time,
adopt and make of record rules and regulations governing the
purchase of all articles and supplies needed at the various
institutions under their control and the form and verification
of vouchers for such purchases.
2. The department of human services shall mail vendor
warrants for the department of corrections.
Sec. 394. Section 218.57, Code 2023, is amended to read as
follows:
218.57 Combining appropriations.
The director of the department of administrative services
may combine the balances carried in all specific appropriations
into a special account for each institution under the control
of a particular administrator, except that the support fund for
each institution shall be carried as a separate account.
Sec. 395. Section 218.58, Code 2023, is amended to read as
follows:
218.58 Construction, repair, and improvement projects —
emergencies.
-263- The department shall work with the department of
administrative services to accomplish the following
responsibilities:
1. The department shall prepare and submit to the director
of the department of management, as provided in section
8.23, a multiyear construction program including estimates of
the expenditure requirements for the construction, repair,
or improvement of buildings, grounds, or equipment at the
institutions listed in section 218.1.
2. The director department shall have plans and
specifications prepared by the department of administrative
services for authorized construction, repair, or improvement
projects costing over the competitive bid threshold in section
26.3, or as established in section 314.1B. An appropriation
for a project shall not be expended until the department of
administrative services has adopted plans and specifications
and has completed a detailed estimate of the cost of the
project, prepared under the supervision of a licensed architect
or licensed professional engineer. Plans and specifications
shall not be adopted and a project shall not proceed if the
project would require an expenditure of money in excess of the
appropriation.
3. The department of administrative services shall comply
with the competitive bid procedures in chapter 26 to let all
contracts under chapter 8A, subchapter III, for authorized
construction, repair, or improvement of departmental buildings,
grounds, or equipment.
4. If the director of the department of human services
and the director of the department of administrative services
determine that emergency repairs or improvements estimated
to cost more than the competitive bid threshold in section
26.3, or as established in section 314.1B are necessary to
assure the continued operation of a departmental institution,
the requirements of subsections 2 and 3 for preparation
of plans and specifications and competitive procurement
-264-procedures are waived. A determination of necessity for
waiver by the director of the department of human services
and the director of the department of administrative services
shall be in writing and shall be entered in the project
record for emergency repairs or improvements. Emergency
repairs or improvements shall be accomplished using plans and
specifications and competitive quotation or bid procedures, as
applicable, to the greatest extent possible, considering the
necessity for rapid completion of the project. A waiver of
the requirements of subsections 2 and 3 does not authorize an
expenditure in excess of an amount otherwise authorized for the
repair or improvement.
5. A claim for payment relating to a project shall be
itemized on a voucher form pursuant to section 8A.514,
certified by the claimant and the architect or engineer
in charge, and audited and approved by the department of
administrative services. Upon approval by the department of
administrative services, the director of the department of
administrative services shall draw a warrant to be paid by the
treasurer of state from funds appropriated for the project.
A partial payment made before completion of the project does
not constitute final acceptance of the work or a waiver of any
defect in the work.
6. Subject to the prior approval of the administrator
in control of a departmental institution director or the
director’s designee, minor projects costing five thousand
dollars or less may be authorized and completed by the
executive head superintendent of the institution through the
use of day labor. A contract is not required if a minor project
is to be completed with the use of resident labor.
Sec. 396. Section 218.64, Code 2023, is amended to read as
follows:
218.64 Investigation of death.
1. For the purposes of this section, unless the context
otherwise requires, “institution” and “resident” mean the same
-265-as defined in section 218.13.
2. Upon the death of a resident of an institution,
the county medical examiner shall conduct a preliminary
investigation of the death as provided in section 331.802. The
cost of the preliminary investigation shall be paid by the
department of human services.
Sec. 397. Section 218.65, Code 2023, is amended to read as
follows:
218.65 Property of deceased resident.
The superintendent or business manager of each institution
department shall, upon the death of any resident or patient,
immediately take possession of all property of the deceased
left at the institution, and deliver the property to the duly
appointed and qualified representative of the deceased.
Sec. 398. Section 218.66, Code 2023, is amended to read as
follows:
218.66 Property of small value.
If administration be is not granted within one year from
the date of the death of the decedent, and the value of the
estate of the decedent is so small as to make the granting
of administration inadvisable, then delivery of the money
and other property left by the decedent may be made to the
surviving spouse and heirs of the decedent.
Sec. 399. Section 218.69, Code 2023, is amended to read as
follows:
218.69 Permanent record.
A complete permanent record of the money transmitted to the
treasurer of state under section 218.68, showing by whom and
with whom it the money was left, its the amount, the date of
the death of the owner, the owner’s reputed place of residence
before the owner became a resident of the institution, the date
on which it the money was transmitted to the state treasurer,
and any other facts which may tend to identify the intestate
and explain the case, shall be kept by the superintendent
of the institution or business manager, as the case may be
-266- department, and a transcript of the record shall be sent to,
and kept by, the treasurer of state.
Sec. 400. Section 218.70, Code 2023, is amended to read as
follows:
218.70 Payment to party entitled.
Moneys transmitted to the treasurer of state under section
218.68 shall be paid, at any time within ten years from the
death of the intestate, to any person who is shown to be
entitled thereto to the moneys. Payment shall be made from the
state treasury out of the support fund of such institution in
the manner provided for the payment of other claims from that
fund.
Sec. 401. Section 218.72, Code 2023, is amended to read as
follows:
218.72 Temporary quarters in emergency.
In case the buildings at any institution under the control of
an administrator are destroyed or rendered unfit for habitation
by reason of fire, storms, or other like causes, to such an
extent that the residents cannot be housed and cared for, the
administrator director shall make temporary provision for the
housing and care of the residents at some other place in the
state. Like provision may be made in case any pestilence
breaks out among the residents. The reasonable cost of the
change, including transfer of residents, shall be paid from any
moneys in the state treasury not otherwise appropriated.
Sec. 402. Section 218.78, Code 2023, is amended to read as
follows:
218.78 Institutional receipts deposited.
1. All institutional receipts of the department of human
services, including funds received from client participation
at the state resource centers under section 222.78 and at the
state mental health institutes under section 230.20, shall be
deposited in the general fund except for reimbursements for
services provided to another institution or state agency, for
receipts deposited in the revolving farm fund under section
-267-904.706, for deposits into the medical assistance fund under
section 249A.11, and for rentals charged to employees or
others for room, apartment, or house and meals, which shall be
available to the institutions.
2. If approved by the director of human services, the
department may use appropriated funds for the granting of
educational leave.
Sec. 403. Section 218.83, Code 2023, is amended to read as
follows:
218.83 Administrative improvement.
The director of human services and the administrators
assigned to have authority over the institutions shall
cooperate with any department or agency of the state government
in any manner, including the exchange of employees, calculated
to improve administration of the affairs of the institutions.
Sec. 404. Section 218.84, Code 2023, is amended to read as
follows:
218.84 Abstracting claims and keeping accounts.
The director of the department of human services or the
director’s designee shall have sole charge of abstracting and
certifying claims for payment and the keeping of a central
system of accounts in institutions under the director’s
control.
Sec. 405. Section 218.85, Code 2023, is amended to read as
follows:
218.85 Uniform system of accounts.
The director of human services through the administrators in
control of the institutions department shall install in all the
institutions the most modern, complete, and uniform system of
accounts, records, and reports possible. The system shall be
prescribed by the director of the department of administrative
services as authorized in section 8A.502, subsection 13, and,
among other matters, shall clearly show the detailed facts
relative to the handling and uses of all purchases.
Sec. 406. Section 218.86, Code 2023, is amended to read as
-268-follows:
218.86 Abstract of claims.
Vouchers for expenditures other than salaries shall be
submitted to the director of the department of administrative
services, who shall prepare in triplicate an abstract of
claims submitted showing the name of the claimant and the
institutions and institutional fund on account of which the
payment is made. The claims and abstracts of claims shall be
returned to the director of the department of human services
where the correctness of the abstracts shall be certified by
the director. The original abstract shall be delivered to the
director of the department of administrative services, the
duplicate to be retained in the office of the director, of the
department of human services and the triplicate forwarded to
the proper institution to be retained as a record of claims
paid.
Sec. 407. Section 218.87, Code 2023, is amended to read as
follows:
218.87 Warrants issued by director of the department of
administrative services.
Upon such certificate the director of the department of
administrative services shall, if the institution named has
sufficient funds, issue the director’s warrants upon the state
treasurer, for the amounts and to the claimants indicated
thereon on the warrants. The director of the department of
administrative services shall deliver the warrants thus issued
to the director of human services department, who will cause
same the warrants to be transmitted to the payees thereof of
the warrants.
Sec. 408. Section 218.88, Code 2023, is amended to read as
follows:
218.88 Institutional payrolls.
At the close of each pay period, the superintendent or
business manager of each institution shall prepare and forward
to the director of human services or the director’s designee a
-269-semimonthly payroll which shall show the name of each officer
and employee, the semimonthly pay, time paid for, the amount of
pay, and any deductions. A substitute shall not be permitted
to receive compensation in the name of the employee for whom
the substitute is acting.
Sec. 409. Section 218.92, Code 2023, is amended to read as
follows:
218.92 Patients Residents with dangerous mental disturbances.
When a patient in a state resource center for persons with
an intellectual disability, a state mental health institute,
or another resident of an institution under the administration
of the department of human services has become so mentally
disturbed as to constitute a danger to self, to other patients
residents or staff of the institution, or to the public,
and the institution cannot provide adequate security, the
administrator in charge of the institution director or the
director’s designee, with the consent of the director of the
Iowa department of corrections, may order the patient resident
to be transferred to the Iowa medical and classification
center, if the superintendent of the institution from which
the patient resident is to be transferred, with the support
of a majority of the medical staff, recommends the transfer
in the interest of the patient resident, other patients
residents, or the public. If the patient resident transferred
was hospitalized pursuant to sections 229.6 through 229.15,
the transfer shall be promptly reported to the court that
ordered the hospitalization of the patient resident, as
required by section 229.15, subsection 5. The Iowa medical
and classification center has the same rights, duties, and
responsibilities with respect to the patient resident as the
institution from which the patient resident was transferred
had while the patient was hospitalized in the institution.
The cost of the transfer shall be paid from the funds of the
institution from which the transfer is made.
Sec. 410. Section 218.93, Code 2023, is amended to read as
-270-follows:
218.93 Consultants for director or administrators department.
The director of human services or the administrators in
control of the institutions are authorized to department
may secure the services of consultants to furnish advice on
administrative, professional, or technical problems to the
director or the administrators, their department employees,
or employees of institutions under their jurisdiction or to
provide in-service training and instruction for the employees.
The director and administrators are authorized to department
may pay the consultants at a rate to be determined by them the
department from funds under their the department’s control
or from any institutional funding under their the director’s
jurisdiction as the director or administrator may determine.
Sec. 411. Section 218.94, Code 2023, is amended to read as
follows:
218.94 Director may buy and sell real estate — options.
1. The director of the department of human services
shall have full power to may secure options to purchase real
estate, to acquire and sell real estate, and to grant utility
easements, for the proper uses of said the institutions.
Real estate shall be acquired and sold and utility easements
granted, upon such terms and conditions as the director may
determine. Upon sale of the real estate, the proceeds shall
be deposited with the treasurer of state and credited to the
general fund of the state. There is hereby appropriated from
the general fund of the state a sum equal to the proceeds so
deposited and credited to the general fund of the state to the
department of human services, which may be used to purchase
other real estate or for capital improvements upon property
under the director’s control.
2. The costs incident to securing of options, acquisition
and sale of real estate and granting of utility easements,
including but not limited to appraisals, invitations for
offers, abstracts, and other necessary costs, may be paid
-271-from moneys appropriated for support and maintenance to the
institution at which such the real estate is located. Such
fund costs shall be reimbursed from the proceeds of the sale.
Sec. 412. Section 218.95, Code 2023, is amended to read as
follows:
218.95 Synonymous terms.
1. For purposes of construing the provisions of this and
the following subtitles of this title and chapters 904, 913,
and 914 relating to persons with mental illness and reconciling
these provisions with other former and present provisions of
statute, the following terms shall be considered synonymous:
a. “Mentally ill” and “insane”, except that the
hospitalization or detention of any person for treatment
of mental illness shall not constitute a finding or create
a presumption that the individual is legally insane in the
absence of a finding of incompetence made pursuant to section
229.27.
b. “Parole” and “convalescent leave”.
c. “Resident” and “patient”.
d. “Escape” and “depart without proper authorization”.
e. “Warrant” and “order of admission”.
f. “Escapee” and “patient”.
g. “Sane” and “in good mental health”.
h. “Commitment” and “admission”.
2. It is hereby declared to be the policy of the general
assembly that words which have come to have a degrading meaning
shall not be employed in institutional records having reference
to persons with various mental conditions and that in all
records pertaining to persons with various mental conditions
the less discriminatory of the foregoing synonyms shall be
employed.
Sec. 413. Section 218.96, Code 2023, is amended to read as
follows:
218.96 Gifts, grants, and devises, and bequests.
The director of the department of human services is
-272-authorized to may accept gifts, grants, devises, or bequests of
real or personal property from the federal government or any
source. The director may exercise such powers with reference
to the property so accepted as may be deemed essential to its
the property’s preservation and the purposes for which given,
granted, devised, or bequeathed.
Sec. 414. Section 218.98, Code 2023, is amended to read as
follows:
218.98 Canteen maintained.
The administrators in control of the institutions may
maintain a A canteen may be maintained at any institution
under their jurisdiction and control for the sale to persons
residing in the institution of items including but not limited
to toilet articles, candy, tobacco products, notions, and other
sundries, and may provide the necessary facilities, equipment,
personnel, and merchandise for such sale may be provided. The
administrators department shall specify what commodities will
be sold in the canteen. The department may establish and
maintain a permanent operating fund for each canteen. The fund
shall consist of the receipts from the sale of commodities at
the canteen.
Sec. 415. Section 218.99, Code 2023, is amended to read as
follows:
218.99 Counties to be notified of patients’ personal
accounts.
The administrator in control of a state institution shall
direct the business manager superintendent of each institution
under the administrator’s jurisdiction which is mentioned
facility specified in section 331.424, subsection 1, paragraph
“a”, subparagraphs (1) and (2), and for which services are paid
by the county of residence or a mental health and disability
services region, to shall quarterly inform the county of
residence of any patient or resident person committed or
admitted to the facility who has an amount in excess of two
hundred dollars on account in the patients’ person’s personal
-273-deposit fund and the amount on deposit. The administrators
shall direct the business manager to superintendent shall
further notify the county of residence at least fifteen days
before the release of funds in excess of two hundred dollars
or upon the death of the patient or resident person. If the
patient or resident person has no residency in this state or
the person’s residency is unknown, notice shall be made to the
director of human services and the administrator in control of
the institution involved department.
Sec. 416. Section 218.100, Code 2023, is amended to read as
follows:
218.100 Central warehouse and supply depot.
The department of human services shall establish a fund for
maintaining and operating a central warehouse as a supply depot
and distribution facility for surplus government products,
carload canned goods, paper products, other staples, and such
other items as determined by the department. The fund shall be
permanent and shall be composed of the receipts from the sales
of merchandise, recovery of handling, operating and delivery
charges of such merchandise, and from the funds contributed by
the institutions now in a contingent fund being used for this
purpose. All claims for purchases of merchandise, operating,
and salary expenses shall be subject to the provisions of
sections 218.86, 218.87, and 218.88.
Sec. 417. Section 221.2, Code 2023, is amended to read as
follows:
221.2 Administrator Compact administrator.
Pursuant to the compact, the administrator of the division
of mental health and disability services The director of
the department of health and human services shall be the
designate a compact administrator. The compact administrator
may cooperate with all departments, agencies, and officers of
this state and its subdivisions in facilitating the proper
administration of the compact and of any supplementary
agreement entered into by this state under the compact.
-274- Sec. 418. Section 221.4, Code 2023, is amended to read as
follows:
221.4 Payments.
The compact administrator, subject to the approval of the
director of the department of human services, may make or
arrange for any payments necessary to discharge any financial
obligations imposed upon this state by the compact or by any
supplementary agreement entered into thereunder under the
compact.
Sec. 419. Section 222.1, subsection 2, Code 2023, is amended
to read as follows:
2. The Glenwood state resource center and the Woodward
state resource center are established and shall be maintained
as the state’s regional resource centers for the purpose of
providing treatment, training, instruction, care, habilitation,
and support of persons with an intellectual disability or other
disabilities in this state, and providing facilities, services,
and other support to the communities located in the region
being served by a state resource center. In addition, the
state resource centers are encouraged to serve as a training
resource for community-based program staff, medical students,
and other participants in professional education programs. A
resource center may request the approval of the council on
human services to change the name of the resource center for
use in communication with the public, in signage, and in other
forms of communication.
Sec. 420. Section 222.2, Code 2023, is amended to read as
follows:
222.2 Definitions.
When used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the person assigned by the director
of human services, in accordance with section 218.1, to control
the state resource centers.
2. 1. “Auditor” means the county auditor or the auditor’s
-275-designee.
2. “Council” means the council on health and human services.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
4. 5. “Intellectual disability” means the same as defined
in section 4.1.
5. 6. “Mental health and disability services region” means
a mental health and disability services region formed in
accordance with section 331.389.
6. 7. “Regional administrator” means the regional
administrator of a mental health and disability services
region, as defined in section 331.388.
7. 8. “Special unit” means a special intellectual
disability unit established at a state mental health institute
pursuant to sections 222.88 through 222.91.
8. 9. “State resource centers” or “resource centers” means
the Glenwood state resource center and the Woodward state
resource center.
9. 10. “Superintendents” means the superintendents of the
state resource centers.
Sec. 421. Section 222.3, Code 2023, is amended to read as
follows:
222.3 Superintendents.
The administrator director shall appoint a qualified
superintendent for each of the resource centers who shall
receive such salary as the administrator director shall
determine.
Sec. 422. Section 222.4, Code 2023, is amended to read as
follows:
222.4 Duties of superintendents.
The superintendents shall:
1. Perform all duties required by law and by the
administrator director not inconsistent with law.
-276- 2. Oversee and insure individual treatment and professional
care of each patient in the resource centers.
3. Maintain a full and complete record of the condition of
each patient in the resource centers.
4. Have custody, control, and management of all patients in
such manner as deemed best subject to the regulations of the
administrator department.
Sec. 423. Section 222.5, Code 2023, is amended to read as
follows:
222.5 Preadmission diagnostic evaluation.
No A person shall not be eligible for admission to a resource
center or a special unit until a preadmission diagnostic
evaluation has been made by a resource center or a special unit
which confirms or establishes the need for admission.
Sec. 424. Section 222.7, Code 2023, is amended to read as
follows:
222.7 Transfers.
The administrator department may transfer patients from one
state resource center to the other and may at any time transfer
patients from the resource centers to the hospitals for persons
with mental illness, or transfer patients in the resource
centers to a special unit or vice versa. The administrator
department may also transfer patients from a hospital for
persons with mental illness to a resource center if consent is
given or obtained as follows:
1. In the case of a patient who entered the hospital for
persons with mental illness voluntarily, consent is given in
advance by the patient or, if the patient is a minor or is
incompetent, the person responsible for the patient.
2. In the case of a patient hospitalized pursuant to
sections 229.6 through 229.15, the consent of the court which
hospitalized the patient is obtained in advance, rather than
afterward as otherwise permitted by section 229.15, subsection
4.
Sec. 425. Section 222.8, Code 2023, is amended to read as
-277-follows:
222.8 Communications by patients.
Persons admitted to the resource centers or a special
unit shall have all reasonable opportunity and facility for
communication with their friends. Such persons shall be
permitted to write and send letters, provided the letters
contain nothing of an offensive character. Letters written by
any patient to the administrator director or to any state or
county official shall be forwarded unopened.
Sec. 426. Section 222.10, Code 2023, is amended to read as
follows:
222.10 Duty of peace officer.
When any person with an intellectual disability departs
without proper authority from an institution a facility in
another state and is found in this state, any peace officer in
any county in which such patient is found may take and detain
the patient without warrant or order and shall report such
detention to the administrator department. The administrator
department shall provide for the return of the patient to the
authorities in the state from which the unauthorized departure
was made. Pending return, such patient may be detained
temporarily at one of the institutions of this state governed
by the administrator or by the administrator of the division of
child and family services of the department of human services
department. The provisions of this section relating to the
administrator department shall also apply to the return of
other nonresident persons with an intellectual disability
having legal residency outside the state of Iowa.
Sec. 427. Section 222.11, Code 2023, is amended to read as
follows:
222.11 Expense.
All actual and necessary expenses incurred in the taking
into protective custody, restraint, and transportation of such
patients to the resource centers shall be paid on itemized
vouchers, sworn to by the claimants, and approved by the
-278-superintendent and the administrator director from any moneys
in the state treasury not otherwise appropriated.
Sec. 428. Section 222.13, subsection 2, Code 2023, is
amended to read as follows:
2. If the resource center does not have an appropriate
program for the treatment of an adult or minor person with an
intellectual disability applying under this section or section
222.13A, the regional administrator for the person’s county of
residence or the department, as applicable, shall arrange for
the placement of the person in any public or private facility
within or without the state, approved by the director of human
services, which offers appropriate services for the person.
If the expenses of the placement are payable in whole or in
part by a county, the placement shall be made by the regional
administrator for the county.
Sec. 429. Section 222.13A, subsection 1, Code 2023, is
amended to read as follows:
1. If a minor is believed to be a person with an
intellectual disability, the minor’s parent, guardian, or
custodian may apply to the department for admission of the
minor as a voluntary patient in a state resource center. If
the resource center does not have appropriate services for the
minor’s treatment, the department may arrange for the admission
of the minor in a public or private facility within or without
the state, approved by the director of human services, which
offers appropriate services for the minor’s treatment.
Sec. 430. Section 222.60, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
All necessary and legal expenses for the cost of admission or
for the treatment, training, instruction, care, habilitation,
support, and transportation of persons with an intellectual
disability, as provided for in the applicable regional service
system management plan implemented pursuant to section 331.393
in a state resource center, or in a special unit, or any public
or private facility within or without the state, approved by
-279-the director of human services, shall be paid by either:
Sec. 431. Section 222.64, Code 2023, is amended to read as
follows:
222.64 Foreign state or country or unknown residency.
If the residency of the person is determined by a regional
administrator on behalf of a county or by the state to be in
a foreign state or country or is determined to be unknown,
the regional administrator or the state shall certify the
determination. The certification shall be accompanied by a
copy of the evidence supporting the determination. The care of
the person shall be as arranged by the regional administrator
or the state. Application for admission may be made pending
investigation by the administrator department.
Sec. 432. Section 222.65, Code 2023, is amended to read as
follows:
222.65 Investigation.
If an application is made for placement of a person in
a state resource center or special unit, the department’s
administrator department shall immediately investigate the
residency of the person and proceed as follows:
1. If the administrator department concurs with a certified
determination as to residency of the person in another state
or in a foreign country, or the person’s residence is unknown
under section 222.60, the administrator department shall cause
the person either to be transferred to a resource center or
a special unit or to be transferred to the place of foreign
residency.
2. If the administrator department disputes a certified
determination of residency, the administrator department shall
order the person transferred to a state resource center or a
special unit until the dispute is resolved.
3. If the administrator department disputes a certified
determination of residency, the administrator department shall
utilize the procedure provided in section 331.394 to resolve
the dispute. A determination of the person’s residency status
-280-made pursuant to section 331.394 is conclusive.
Sec. 433. Section 222.66, Code 2023, is amended to read as
follows:
222.66 Transfers — no residency in state or residency
unknown — expenses.
The transfer to a resource center or a special unit or to the
place of residency of a person with an intellectual disability
who has no residence in this state or whose residency is
unknown, shall be made in accordance with such directions as
shall be prescribed by the administrator director and when
practicable by employees of the state resource center or the
special unit. The actual and necessary expenses of such
transfers shall be paid by the department on itemized vouchers
sworn to by the claimants and approved by the administrator
director and the approved amount is appropriated to the
department from any funds in the state treasury not otherwise
appropriated.
Sec. 434. Section 222.67, Code 2023, is amended to read as
follows:
222.67 Charge on finding of residency.
If a person has been received into a resource center or a
special unit as a patient whose residency is unknown and the
administrator director determines that the residency of the
patient was at the time of admission in a county of this state,
the administrator director shall certify the determination and
charge all legal costs and expenses pertaining to the admission
and support of the patient to the county of residence. The
certification shall be sent to the county of residence. The
certification shall be accompanied by a copy of the evidence
supporting the determination. If the person’s residency status
has been determined in accordance with section 331.394, the
legal costs and expenses shall be charged to the county in
accordance with that determination. The costs and expenses
shall be collected as provided by law in other cases.
Sec. 435. Section 222.69, Code 2023, is amended to read as
-281-follows:
222.69 Payment by state.
The amount necessary to pay the necessary and legal expenses
of admission of a person to a resource center or a special unit
when the person’s residence is outside this state or is unknown
is appropriated to the department from any moneys in the state
treasury not otherwise appropriated. Such payments shall be
made by the department on itemized vouchers executed by the
auditor of the county from which the expenses have been paid
and approved by the administrator director or the director’s
designee.
Sec. 436. Section 222.73, subsection 5, Code 2023, is
amended to read as follows:
5. A superintendent of a resource center or special unit
may request that the director of human services enter into a
contract with a person for the resource center or special unit
to provide consultation or treatment services or for fulfilling
other purposes which are consistent with the purposes stated in
section 222.1. The contract provisions shall include charges
which reflect the actual cost of providing the services. Any
income from a contract authorized under this subsection may
be retained by the resource center or special unit to defray
the costs of providing the services or fulfilling the other
purposes. Except for a contract voluntarily entered into by a
county under this subsection, the costs or income associated
with a contract authorized under this subsection shall not
be considered in computing charges and per diem costs in
accordance with the provisions of subsections 1 through 4.
Sec. 437. Section 222.78, Code 2023, is amended to read as
follows:
222.78 Parents and others liable for support.
1. The father and mother of any patient admitted to a
resource center or to a special unit, as either an inpatient
or an outpatient, and any person, firm, or corporation bound
by contract made for support of the patient are liable for the
-282-support of the patient. The patient and those legally bound
for the support of the patient shall be liable to the county or
state, as applicable, for all sums advanced in accordance with
the provisions of sections 222.60 and 222.77.
2. The liability of any person, other than the patient,
who is legally bound for the support of a patient who is
under eighteen years of age in a resource center or a special
unit shall not exceed the average minimum cost of the care
of a normally intelligent minor without a an intellectual
disability of the same age and sex as the minor patient. The
administrator department shall establish the scale for this
purpose but the scale shall not exceed the standards for
personal allowances established by the state division under
the family investment program. The father or mother shall
incur liability only during any period when the father or
mother either individually or jointly receive a net income
from whatever source, commensurate with that upon which they
would be liable to make an income tax payment to this state.
The father or mother of a patient shall not be liable for the
support of the patient upon the patient attaining eighteen
years of age. Nothing in this section shall be construed to
prevent a relative or other person from voluntarily paying the
full actual cost as established by the administrator department
for caring for the patient with an intellectual disability.
Sec. 438. Section 222.84, Code 2023, is amended to read as
follows:
222.84 Patients’ personal deposit fund.
There is hereby established at each resource center and
special unit a fund which shall be known as the “patients’
personal deposit fund”; provided that in. In the case of
a special unit, the director may direct that the patients’
personal deposit fund be maintained and administered as a part
of the fund established, pursuant to sections 226.43 through
226.46, by the state mental health institute where the special
unit is located.
-283- Sec. 439. Section 222.86, Code 2023, is amended to read as
follows:
222.86 Payment for care from fund.
If a patient is not receiving medical assistance under
chapter 249A and the amount in the account of any patient
in the patients’ personal deposit fund exceeds two hundred
dollars, the business manager of the resource center or special
unit department may apply any amount of the excess to reimburse
the county of residence or the state for liability incurred by
the county or the state for the payment of care, support, and
maintenance of the patient, when billed by the county or state,
as applicable.
Sec. 440. Section 222.87, Code 2023, is amended to read as
follows:
222.87 Deposit in bank.
The business manager department shall deposit the patients’
personal deposit fund in a commercial account of a bank of
reputable standing. When deposits in the commercial account
exceed average monthly withdrawals, the business manager
department may deposit the excess at interest. The savings
account shall be in the name of the patients’ personal deposit
fund and interest paid thereon on the account may be used for
recreational purposes for the patients at the resource center
or special unit.
Sec. 441. Section 222.88, Code 2023, is amended to read as
follows:
222.88 Special intellectual disability unit.
The director of human services may organize and establish a
special intellectual disability unit at an existing institution
which may provide:
1. Psychiatric and related services to children with an
intellectual disability and adults who are also emotionally
disturbed with an emotional disturbance or otherwise mentally
ill a mental illness.
2. Specific programs to meet the needs of such other special
-284-categories of persons with an intellectual disability as may
be designated by the director.
3. Appropriate diagnostic evaluation services.
Sec. 442. Section 225.1, subsection 2, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. c. “Respondent” means the same as defined
in section 229.1.
Sec. 443. Section 225.5, Code 2023, is amended to read as
follows:
225.5 Cooperation of hospitals.
The medical director of the state psychiatric hospital
shall seek to bring about systematic cooperation between the
several state hospitals for persons with mental illness health
institutes and the state psychiatric hospital.
Sec. 444. Section 225.26, Code 2023, is amended to read as
follows:
225.26 Private patients — disposition of funds.
All moneys collected from private patients shall be used for
the support of the said state psychiatric hospital.
Sec. 445. Section 225.28, Code 2023, is amended to read as
follows:
225.28 Appropriation.
The state shall pay to the state psychiatric hospital, out of
any moneys in the state treasury not otherwise appropriated,
all expenses for the administration of the hospital, and for
the care, treatment, and maintenance of committed and voluntary
public patients therein in the state psychiatric hospital,
including their clothing and all other expenses of the hospital
for the public patients. The bills for the expenses shall be
rendered monthly in accordance with rules agreed upon by the
director of the department of administrative services and the
state board of regents.
Sec. 446. Section 225.33, Code 2023, is amended to read as
follows:
225.33 Death of patient — disposal of body.
-285- In the event that a When a committed public patient or
a voluntary public patient or a committed private patient
should die dies while at the state psychiatric hospital or
at the university hospital, the state psychiatric hospital
shall have the body prepared for shipment in accordance with
the rules prescribed by the state board of health council on
health and human services for shipping such bodies; and it
shall be. It is the duty of the state board of regents to make
arrangements for the embalming and such other preparation as
may be necessary to comply with the rules and for the purchase
of suitable caskets.
Sec. 447. Section 225.35, Code 2023, is amended to read as
follows:
225.35 Expense collected.
In the event that the said When a person is a committed
private patient, it shall be is the duty of the county
auditor of the proper county to proceed to collect all of such
expenses, in accordance with the provisions of sections 225.23
and 225.24.
Sec. 448. Section 225C.2, Code 2023, is amended to read as
follows:
225C.2 Definitions.
As used in this chapter:
1. “Administrator” means the administrator of the division.
2. 1. “Child” or “children” means a person or persons under
eighteen years of age.
3. 2. “Children’s behavioral health services” means services
for children with a serious emotional disturbance.
4. 3. “Children’s behavioral health system” or “children’s
system” means the behavioral health service system for children
implemented pursuant to this subchapter.
5. 4. “Commission” means the mental health and disability
services commission.
5. “Council” means the council on health and human services.
6. “Department” means the department of health and human
-286-services.
7. “Director” means the director of health and human
services.
8. “Disability services” means services and other support
available to a person with mental illness, an intellectual
disability or other developmental disability, or brain injury.
9. “Division” means the division of mental health and
disability services of the department.
10. 9. “Mental health and disability services region”
means a mental health and disability services region formed in
accordance with section 331.389.
11. 10. “Mental health and disability services regional
service system” means the mental health and disability service
system for a mental health and disability services region.
12. 11. “Regional administrator” means the same as defined
in section 331.388.
13. 12. “Serious emotional disturbance” means a diagnosable
mental, behavioral, or emotional disorder of sufficient
duration to meet diagnostic criteria specified within the most
current diagnostic and statistical manual of mental disorders
published by the American psychiatric association that results
in a functional impairment. “Serious emotional disturbance”
does not include substance use or developmental disorders
unless those disorders co-occur with such a diagnosable mental,
behavioral, or emotional disorder.
14. 13. “State board” means the children’s behavioral
health system state board created in section 225C.51.
Sec. 449. Section 225C.3, Code 2023, is amended to read as
follows:
225C.3 Division of mental health and disability services
Department — state mental health authority.
1. The division department is designated the state mental
health authority as defined in 42 U.S.C. §201(m) (1976) for
the purpose of directing the benefits of the National Mental
Health Act, 42 U.S.C. §201 et seq. This designation does
-287-not preclude the state board of regents from authorizing or
directing any institution under its jurisdiction to carry out
educational, prevention, and research activities in the areas
of mental health and intellectual disability. The division
department may contract with the state board of regents or any
institution under the board’s jurisdiction to perform any of
these functions.
2. The division department is designated the state
developmental disabilities agency for the purpose of directing
the benefits of the federal Developmental Disabilities
Assistance and Bill of Rights Act, 42 U.S.C. §15001 et seq.
3. The division is administered by the administrator. The
administrator of the division shall be qualified in the general
field of mental health, intellectual disability, or other
disability services, and preferably in more than one field.
The administrator shall have at least five years of experience
as an administrator in one or more of these fields.
Sec. 450. Section 225C.4, Code 2023, is amended to read as
follows:
225C.4 Administrator’s Department duties.
1. To the extent funding is available, the administrator
department shall perform the following duties:
a. Prepare and administer the comprehensive mental health
and disability services plan as provided in section 225C.6B,
including state mental health and intellectual disability
plans for the provision of disability services within the
state and the state developmental disabilities plan. The
administrator department shall take into account any related
planning activities implemented by the Iowa department of
public health, the state board of regents or a body designated
by the board for that purpose, the department of management
or a body designated by the director of the department for
that purpose, the department of education, the department of
workforce development and any other appropriate governmental
body, in order to facilitate coordination of disability
-288-services provided in this state. The state mental health and
intellectual disability plans shall be consistent with the
state health plan, and shall take into account mental health
and disability services regional service system management
plans.
b. Assist mental health and disability services region
governing boards and regional administrators in planning for
community-based disability services.
c. Assist the state board in planning for community-based
children’s behavioral health services.
d. Emphasize the provision of evidence-based outpatient and
community support services by community mental health centers
and local intellectual disability providers as a preferable
alternative to acute inpatient services and services provided
in large institutional settings.
e. Encourage and facilitate coordination of mental health
and disability services with the objective of developing
and maintaining in the state a mental health and disability
service delivery system to provide services to all persons
in this state who need the services, regardless of the place
of residence or economic circumstances of those persons.
The administrator department shall work with the commission
and other state agencies, including but not limited to the
departments of corrections, and education, and public health
and the state board of regents, to develop and implement a
strategic plan to expand access to qualified mental health
workers across the state.
f. Encourage and facilitate applied research and preventive
educational activities related to causes and appropriate
treatment for disabilities. The administrator department may
designate, or enter into agreements with, private or public
agencies to carry out this function.
g. Coordinate community-based services with those of the
state mental health institutes and state resource centers.
h. Administer state programs regarding the care, treatment,
-289-and supervision of persons with mental illness or an
intellectual disability, except the programs administered by
the state board of regents.
i. Administer and distribute state appropriations in
connection with the mental health and disability services
regional service fund established by section 225C.7A.
j. Act as compact administrator with power to effectuate the
purposes of interstate compacts on mental health.
k. Establish and maintain a data collection and management
information system oriented to the needs of patients,
providers, the department, and other programs or facilities in
accordance with section 225C.6A. The system shall be used to
identify, collect, and analyze service outcome and performance
measures data in order to assess the effects of the services
on the persons utilizing the services. The administrator
department shall annually submit to the commission information
collected by the department indicating the changes and trends
in the mental health and disability services system. The
administrator department shall make the outcome data available
to the public.
l. Encourage and facilitate coordination of children’s
behavioral health services with the objective of developing
and maintaining in the state a children’s behavioral health
system to provide behavioral health services to all children
in this state who need the services, regardless of the place
of residence or economic circumstances of those children.
The administrator department shall work with the state board
and other state agencies including but not limited to the
department of education and the department of public health
to develop and implement a strategic plan to expand access to
qualified mental health workers across the state.
m. Establish and maintain a data collection and management
information system oriented to the needs of children utilizing
the children’s behavioral health system, providers, the
department, and other programs or facilities in accordance
-290-with section 225C.6A. The system shall be used to identify,
collect, and analyze service outcome and performance measures
data in order to assess the effects of the services on the
children utilizing the services. The administrator department
shall annually submit to the state board information collected
by the department indicating the changes and trends in the
children’s behavioral health system. The administrator
department shall make the outcome data available to the public.
n. Prepare a division budget and reports of the division’s
department’s activities.
o. Establish suitable agreements with other state
agencies to encourage appropriate care and to facilitate the
coordination of disability services.
p. Provide consultation and technical assistance to
patients’ advocates appointed pursuant to section 229.19,
in cooperation with the judicial branch and the certified
volunteer long-term care ombudsmen certified pursuant to
section 231.45.
q. Provide technical assistance to agencies and
organizations, to aid them in meeting standards which are
established, or with which compliance is required, under
statutes administered by the administrator department,
including but not limited to chapters 227 and 230A.
r. Recommend to the commission minimum accreditation
standards for the maintenance and operation of community mental
health centers, services, and programs under section 230A.110.
The administrator’s department’s review and evaluation of the
centers, services, and programs for compliance with the adopted
standards shall be as provided in section 230A.111.
s. Recommend to the commission minimum standards for
supported community living services. The administrator
department shall review and evaluate the services for
compliance with the adopted standards.
t. In cooperation with the department of inspections and
appeals, recommend minimum standards under section 227.4 for
-291-the care of and services to persons with mental illness or an
intellectual disability residing in county care facilities.
The administrator department shall also cooperate with the
department of inspections and appeals in recommending minimum
standards for care of and services provided to persons with
mental illness or an intellectual disability living in a
residential care facility regulated under chapter 135C.
u. In cooperation with the Iowa department of public health,
recommend Recommend minimum standards for the maintenance and
operation of public or private facilities offering disability
services, which are not subject to licensure by the department
or the department of inspections and appeals.
v. Provide technical assistance concerning disability
services and funding to mental health and disability services
region governing boards and regional administrators.
w. Coordinate with the mental health planning and advisory
council created pursuant to 42 U.S.C. §300x-3 to ensure the
council membership includes representation by a military
veteran who is knowledgeable concerning the behavioral and
mental health issues of veterans.
x. Enter into performance-based contracts with
regional administrators as described in section 331.390.
A performance-based contract shall require a regional
administrator to fulfill the statutory and regulatory
requirements of the regional service system under this chapter
and chapter 331. A failure to fulfill the requirements may be
addressed by remedies specified in the contract, including but
not limited to suspension of contract payments or cancellation
of the contract. The contract provisions may include but are
not limited to requirements for the regional service system
to attain outcomes within a specified range of acceptable
performance in any of the following categories:
(1) Access standards for the required core services.
(2) Penetration rates for serving the number of persons
expected to be served.
-292- (3) Utilization rates for inpatient and residential
treatment.
(4) Readmission rates for inpatient and residential
treatment.
(5) Employment of the persons receiving services.
(6) Administrative costs.
(7) Data reporting.
(8) Timely and accurate claims processing.
(9) School attendance.
y. Provide information through the internet concerning
waiting lists for services implemented by mental health and
disability services regions.
2. The administrator department may:
a. Apply for, receive, and administer federal aids, grants,
and gifts for purposes relating to disability services or
programs.
b. Establish and supervise suitable standards of care,
treatment, and supervision for persons with disabilities in
all institutions under the control of the director of human
services.
c. Appoint professional consultants to furnish advice on
any matters pertaining to disability services. The consultants
shall be paid as provided by an appropriation of the general
assembly.
d. Administer a public housing unit within a bureau of
the division program to apply for, receive, and administer
federal assistance, grants, and other public or private funds
for purposes related to providing housing in accordance with
section 225C.45.
Sec. 451. Section 225C.5, subsection 1, paragraph j, Code
2023, is amended to read as follows:
j. One member shall be an active board member of an agency
serving persons with a substance abuse problem use disorder
selected from nominees submitted by the Iowa behavioral health
association.
-293- Sec. 452. Section 225C.6, Code 2023, is amended to read as
follows:
225C.6 Duties of commission.
1. To the extent funding is available, the commission shall
perform the following duties:
a. Advise the administrator department on the administration
of the overall state disability services system.
b. Pursuant to recommendations made for this purpose by
the administrator director, adopt necessary rules pursuant to
chapter 17A which relate to disability programs and services,
including but not limited to definitions of each disability
included within the term “disability services” as necessary for
purposes of state, county, and regional planning, programs, and
services.
c. Adopt standards for community mental health centers,
services, and programs as recommended under section 230A.110.
The administrator department shall determine whether to grant,
deny, or revoke the accreditation of the centers, services, and
programs.
d. Adopt standards for the provision under the medical
assistance program of individual case management services.
e. Unless another governmental body sets standards for a
service available to persons with disabilities, adopt state
standards for that service. The commission shall review the
licensing standards used by the department of human services
or department of inspections and appeals for those facilities
providing disability services.
f. Assure that proper reconsideration and appeal procedures
are available to persons aggrieved by decisions, actions, or
circumstances relating to accreditation.
g. Adopt necessary rules for awarding grants from the state
and federal government as well as other moneys that become
available to the division department for grant purposes.
h. Annually submit to the governor and the general assembly:
(1) A report concerning the activities of the commission.
-294- (2) Recommendations formulated by the commission for
changes in law.
i. By January 1 of each odd-numbered year, submit to the
governor and the general assembly an evaluation of:
(1) The extent to which services to persons with
disabilities are actually available to persons in each county
and mental health and disability services region in the state
and the quality of those services.
(2) The effectiveness of the services being provided by
disability service providers in this state and by each of the
state mental health institutes established under chapter 226
and by each of the state resource centers established under
chapter 222.
j. Advise the administrator director, the council on human
services, the governor, and the general assembly on budgets and
appropriations concerning disability services.
k. Coordinate activities with the Iowa developmental
disabilities council and the mental health planning council,
created pursuant to federal law. The commission shall work
with other state agencies on coordinating, collaborating, and
communicating concerning activities involving persons with
disabilities.
l. Pursuant to a recommendation made by the administrator
department, identify basic financial eligibility standards
for the disability services provided by a mental health and
disability services region. The initial standards shall be as
specified in chapter 331.
m. Identify disability services outcomes and indicators to
support the ability of eligible persons with a disability to
live, learn, work, and recreate in communities of the persons’
choice. The identification duty includes but is not limited to
responsibility for identifying, collecting, and analyzing data
as necessary to issue reports on outcomes and indicators at the
county, region, and state levels.
2. Notwithstanding section 217.3, subsection 6, the
-295-commission may adopt the rules authorized by subsection 1,
pursuant to chapter 17A, without prior review and approval of
those rules by the council on human services.
3. If the executive branch creates a committee, task
force, council, or other advisory body to consider disability
services policy or program options involving children or adult
consumers, the commission is designated to receive and consider
any report, findings, recommendations, or other work product
issued by such body. The commission may address the report,
findings, recommendations, or other work product in fulfilling
the commission’s functions and to advise the department,
council on human services, governor, and general assembly
concerning disability services.
4. a. The department shall coordinate with the
department of inspections and appeals in the establishment of
facility-based and community-based, subacute mental health
services.
b. A person shall not provide community-based, subacute
mental health services unless the person has been accredited
to provide the services. The commission shall adopt standards
for subacute mental health services and for accreditation of
providers of community-based, subacute mental health services.
c. As used in this subsection, “subacute mental health
services” means all of the following:
(1) A comprehensive set of wraparound services for persons
who have had or are at imminent risk of having acute or
crisis mental health symptoms that do not permit the persons
to remain in or threatens removal of the persons from their
home and community, but who have been determined by a mental
health professional and a licensed health care professional,
subject to the professional’s scope of practice, not to need
inpatient acute hospital services. For the purposes of this
subparagraph, “mental health professional” means the same as
defined in section 228.1 and “licensed health care professional”
means a person licensed under chapter 148 to practice medicine
-296-and surgery or osteopathic medicine and surgery, an advanced
registered nurse practitioner licensed under chapter 152 or
152E, or a physician assistant licensed to practice under the
supervision of a physician as authorized in chapters 147 and
148C.
(2) Intensive, recovery-oriented treatment and monitoring
of the person with direct or remote access to a psychiatrist or
advanced registered nurse practitioner.
(3) An outcome-focused, interdisciplinary approach designed
to return the person to living successfully in the community.
(4) Services that may be provided in a wide array of
settings ranging from the person’s home to a facility providing
subacute mental health services.
(5) Services that are time limited to not more than ten
days or another time period determined in accordance with rules
adopted for this purpose.
d. Subacute mental health services and the standards for
the services shall be established in a manner that allows for
accessing federal Medicaid funding.
Sec. 453. Section 225C.6B, Code 2023, is amended to read as
follows:
225C.6B Mental health and disability services system —
legislative intent — comprehensive plan — state and regional
service systems.
1. Intent.
a. The general assembly intends for the state to implement
a comprehensive, continuous, and integrated state mental
health and disability services plan in accordance with
the requirements of sections 225C.4 and 225C.6 and other
provisions of this chapter, by increasing the department’s
responsibilities in the development, funding, oversight, and
ongoing leadership of mental health and disability services in
this state.
b. In order to further the purposes listed in section 225C.1
and in other provisions of this chapter, the general assembly
-297-intends that efforts focus on the goal of making available a
comprehensive array of high-quality, evidence-based consumer
and family-centered mental health and disability services and
other support in the least restrictive, community-based setting
appropriate for a consumer.
c. In addition, it is the intent of the general assembly
to promote policies and practices that achieve for consumers
the earliest possible detection of mental health problems and
the need for disability services and for early intervention;
to stress that all health care programs address mental health
disorders with the same urgency as physical health disorders;
to promote the policies of all public programs that serve
adults and children with mental disorders or with a need
for disability services, including but not limited to child
welfare, Medicaid, education, housing, criminal and juvenile
justice, substance abuse use disorder treatment, and employment
services; to consider the special mental health and disability
services needs of adults and children; and to promote recovery
and resiliency as expected outcomes for all consumers.
2. Comprehensive plan. The division department shall
develop a comprehensive written five-year state mental health
and disability services plan with annual updates and readopt
the plan every five years. The plan shall describe the key
components of the state’s mental health and disability services
system, including the services that are community-based, state
institution-based, or regional or state-based. The five-year
plan and each update shall be submitted annually to the
commission on or before October 30 for review and approval.
3. State and regional disability service systems. The
publicly financed disability services for persons with mental
illness, intellectual disability or other developmental
disability, or brain injury in this state shall be provided by
the department and the counties operating together as regions.
The financial and administrative responsibility for such
services is as follows:
-298- a. Disability services for children and adults that are
covered under the medical assistance program pursuant to
chapter 249A are the responsibility of the state.
b. Adult mental health and intellectual disability services
that are not covered under the medical assistance program are
the responsibility of the county-based regional service system.
c. Children’s behavioral health services provided to
eligible children that are not covered under the medical
assistance program or other third-party payor are the
responsibility of the county-based regional service system.
Sec. 454. Section 225C.6C, Code 2023, is amended to read as
follows:
225C.6C Regional service system — regulatory requirements.
1. The departments department and the department of
inspections, and appeals, human services, and public health and
licensing shall comply with the requirements of this section in
their efforts to improve the regulatory requirements applied
to the mental health and disability services regional service
system administration and service providers.
2. The three departments shall work together to establish
a process to streamline accreditation, certification, and
licensing standards applied to the regional service system
administration and service providers.
3. The departments of human services and inspections and
appeals shall jointly review the standards and inspection
process applicable to residential care facilities.
4. The three departments shall do all of the following in
developing regulatory requirements applicable to the regional
service system administration and service providers:
a. Consider the costs to regional administrators and
providers in the development of quality monitoring efforts.
b. Implement the use of uniform, streamlined, and statewide
cost reporting standards and tools by the regional service
system and the department of human services.
c. Make quality monitoring information, including services,
-299-quality, and location information, easily available and
understandable to all citizens.
d. Establish standards that are clearly understood and are
accompanied by interpretive guidelines to support understanding
by those responsible for applying the standards.
e. Develop a partnership with providers in order to
improve the quality of services and develop mechanisms for the
provision of technical assistance.
f. Develop consistent data collection efforts based on
statewide standards and make information available to all
providers. The efforts under this paragraph shall be made with
representatives of the Iowa state association of counties.
g. Evaluate existing provider qualification and monitoring
efforts to identify duplication and gaps, and align the efforts
with valued outcomes.
h. Streamline and enhance existing standards.
i. Consider allowing providers to seek accreditation from
a national accrediting body in lieu of state accreditation or
certification.
Sec. 455. Section 225C.7A, subsection 7, Code 2023, is
amended to read as follows:
7. a. For the fiscal year beginning July 1, 2021, each
mental health and disability services region for which the
amount certified during the fiscal year under section 331.391,
subsection 4, paragraph “b”, exceeds forty percent of the actual
expenditures of the region for the fiscal year preceding the
fiscal year in progress, the remaining quarterly payments of
the region’s regional service payment shall be reduced by
an amount equal to the amount by which the region’s amount
certified under section 331.391, subsection 4, paragraph “b”,
exceeds forty percent of the actual expenditures of the region
for the fiscal year preceding the fiscal year in progress, but
the amount of the reduction shall not exceed the total amount
of the region’s regional service payment for the fiscal year.
If the region’s remaining quarterly payments are insufficient
-300-to effectuate the required reductions under this paragraph, the
region is required to pay to the department of human services
any amount for which the reduction in quarterly payments could
not be made. The amount of reductions to quarterly payments
and amounts paid to the department under this paragraph shall
be transferred and credited to the region incentive fund under
subsection 8.
b. For the fiscal year beginning July 1, 2022, each mental
health and disability services region for which the amount
certified during the fiscal year under section 331.391,
subsection 4, paragraph “b”, exceeds twenty percent of the
actual expenditures of the region for the fiscal year preceding
the fiscal year in progress, the remaining quarterly payments
of the region’s regional service payment shall be reduced by
an amount equal to the amount by which the region’s amount
certified under section 331.391, subsection 4, paragraph “b”,
exceeds twenty percent of the actual expenditures of the region
for the fiscal year preceding the fiscal year in progress, but
the amount of the reduction shall not exceed the total amount
of the region’s regional service payment for the fiscal year.
If the region’s remaining quarterly payments are insufficient
to effectuate the required reductions under this paragraph, the
region is required to pay to the department of human services
any amount for which the reduction in quarterly payments could
not be made. The amount of reductions to quarterly payments
and amounts paid to the department under this paragraph shall
be transferred and credited to the region incentive fund under
subsection 8.
c. For the fiscal year beginning July 1, 2023, and each
succeeding fiscal year, each mental health and disability
services region for which the amount certified during the
fiscal year under section 331.391, subsection 4, paragraph “b”,
exceeds five percent of the actual expenditures of the region
for the fiscal year preceding the fiscal year in progress, the
remaining quarterly payments of the region’s regional service
-301-payment shall be reduced by an amount equal to the amount by
which the region’s amount certified under section 331.391,
subsection 4, paragraph “b”, exceeds five percent of the actual
expenditures of the region for the fiscal year preceding the
fiscal year in progress, but the amount of the reduction
shall not exceed the total amount of the region’s regional
service payment for the fiscal year. If the region’s remaining
quarterly payments are insufficient to effectuate the required
reductions under this paragraph, the region is required to
pay to the department of human services any amount for which
the reduction in quarterly payments could not be made. The
amount of reductions to quarterly payments and amounts paid to
the department under this paragraph shall be transferred and
credited to the region incentive fund under subsection 8.
Sec. 456. Section 225C.13, Code 2023, is amended to read as
follows:
225C.13 Authority to establish and lease facilities.
1. The administrator assigned, in accordance with section
218.1, to control the state mental health institutes and the
state resource centers department may enter into agreements
under which a facility or portion of a facility administered by
the administrator department under section 218.1 is leased to a
department or a division of state government, a county or group
of counties, a mental health and disability services region, or
a private nonprofit corporation organized under chapter 504. A
lease executed under this section shall require that the lessee
use the leased premises to deliver either disability services
or other services normally delivered by the lessee.
2. The division administrator director may work with the
appropriate administrator of the department’s institutions to
establish mental health and intellectual disability services
for all institutions under the control of the director of human
services and to establish an autism unit, following mutual
planning and consultation with the medical director of the
state psychiatric hospital, at an institution or a facility
-302-administered by the department to provide psychiatric and
related services and other specific programs to meet the needs
of autistic persons with autism, and to furnish appropriate
diagnostic evaluation services.
Sec. 457. Section 225C.19, Code 2023, is amended to read as
follows:
225C.19 Emergency mental health crisis services system.
1. For the purposes of this section:
a. “Emergency mental health crisis services provider” means
a provider accredited or approved by the department to provide
emergency mental health crisis services.
b. “Emergency mental health crisis services system” or
“services system” means a coordinated array of crisis services
for providing a response to assist an individual adult or child
who is experiencing a mental health crisis or who is in a
situation that is reasonably likely to cause the individual to
have a mental health crisis unless assistance is provided.
2. a. The division department shall implement an emergency
mental health crisis services system in consultation with
counties, and community mental health centers and other mental
health and social service providers, in accordance with this
section.
b. The purpose of the services system is to provide a
statewide array of time-limited intervention services to reduce
escalation of crisis situations, relieve the immediate distress
of individuals experiencing a crisis situation, reduce the risk
of individuals in a crisis situation doing harm to themselves
or others, and promote timely access to appropriate services
for those who require ongoing mental health services.
c. The services system shall be available twenty-four hours
per day, seven days per week to any individual who is in or is
determined by others to be in a crisis situation, regardless of
whether the individual has been diagnosed with a mental illness
or a co-occurring mental illness and substance abuse use
disorder. The system shall address all ages, income levels,
-303-and health coverage statuses.
d. The goals of an intervention offered by a provider
under the services system shall include but are not limited to
symptom reduction, stabilization of the individual receiving
the intervention, and restoration of the individual to a
previous level of functioning.
e. The elements of the services system shall be specified in
administrative rules adopted by the commission.
3. The services system elements shall include but are not
limited to all of the following:
a. Standards for accrediting or approving emergency mental
health crisis services providers. Such providers may include
but are not limited to a community mental health center
designated under chapter 230A, a unit of the department or
other state agency, a county, a mental health and disability
services region, or any other public or private provider who
meets the accreditation or approval standards for an emergency
mental health crisis services provider.
b. Identification by the division department of geographic
regions, groupings of mental health and disability services
regions, service areas, or other means of distributing and
organizing the emergency mental health crisis services system
to ensure statewide availability of the services.
c. Coordination of emergency mental health crisis services
with all of the following:
(1) The district and juvenile courts.
(2) Law enforcement.
(3) Judicial district departments of correctional services.
(4) Mental health and disability services regions.
(5) Other mental health, substance abuse use disorder, and
co-occurring mental illness and substance abuse use disorder
services available through the state and counties to serve both
children and adults.
d. Identification of basic services to be provided through
each accredited or approved emergency mental health crisis
-304-services provider which may include but are not limited to
face-to-face crisis intervention, stabilization, support,
counseling, preadmission screening for individuals who may
require psychiatric hospitalization, transportation, and
follow-up services.
e. Identification of operational requirements for emergency
mental health crisis services provider accreditation or
approval which may include providing a telephone hotline,
mobile crisis staff, collaboration protocols, follow-up with
community services, information systems, and competency-based
training.
4. The division department shall initially implement
the program through a competitive block grant process.
The implementation shall be limited to the extent of the
appropriations provided for the program.
Sec. 458. Section 225C.19A, Code 2023, is amended to read
as follows:
225C.19A Crisis stabilization programs.
The department shall accredit, certify, or apply standards
of review to authorize the operation of crisis stabilization
programs, including crisis stabilization programs operating
in a psychiatric medical institution for children pursuant
to chapter 135H that provide children with mental health,
substance abuse use disorder, and co-occurring mental health
and substance abuse use disorder services. In authorizing the
operation of a crisis stabilization program, the department
shall apply the relevant requirements for an emergency mental
health crisis services provider and system under section
225C.19. A program authorized to operate under this section is
not required to be licensed under chapter 135B, 135C, 135G, or
135H, or certified under chapter 231C. The commission shall
adopt rules to implement this section. The department shall
accept accreditation of a crisis stabilization program by a
national accrediting organization in lieu of applying the rules
adopted in accordance with this section to the program.
-305- Sec. 459. Section 225C.20, Code 2023, is amended to read as
follows:
225C.20 Responsibilities of mental health and disability
services regions for individual case management services.
Individual case management services funded under the medical
assistance program shall be provided by the department except
when a county or a consortium of counties contracts with the
department to provide the services. A regional administrator
may contract for one or more counties of the region to be
the provider at any time and the department shall agree to
the contract so long as the contract meets the standards for
case management adopted by the department. The regional
administrator may subcontract for the provision of case
management services so long as the subcontract meets the same
standards. A regional administrator may change the provider
of individual case management services at any time. If the
current or proposed contract is with the department, the
regional administrator shall provide written notification of
a change at least ninety days before the date the change will
take effect.
Sec. 460. Section 225C.21, Code 2023, is amended to read as
follows:
225C.21 Supported community living services.
1. As used in this section, “supported community living
services” means services provided in a noninstitutional
setting to adult persons with mental illness, an intellectual
disability, or developmental disabilities to meet the persons’
daily living needs.
2. The commission shall adopt rules pursuant to chapter 17A
establishing minimum standards for supported community living
services. The administrator department shall determine whether
to grant, deny, or revoke approval for any supported community
living service.
3. Approved supported community living services may receive
funding from the state, federal and state social services block
-306-grant funds, and other appropriate funding sources, consistent
with state legislation and federal regulations. The funding
may be provided on a per diem, per hour, or grant basis, as
appropriate.
Sec. 461. Section 225C.23, Code 2023, is amended to read as
follows:
225C.23 Brain injury recognized as disability.
1. The department of human services, the Iowa department of
public health, the department of education and its divisions
division of special education and of the department of
education, the division of vocational rehabilitation services
of the department of workforce development, the department of
human rights and its division for persons with disabilities,
the department for the blind, and all other state agencies
which serve persons with brain injuries, shall recognize brain
injury as a distinct disability and shall identify those
persons with brain injuries among the persons served by the
state agency.
2. For the purposes of this section, “brain injury” means
the same as defined in section 135.22.
Sec. 462. Section 225C.29, Code 2023, is amended to read as
follows:
225C.29 Compliance.
Except for a violation of section 225C.28B, subsection
2, the sole remedy for violation of a rule adopted by the
commission to implement sections 225C.25, 225C.26, 225C.28A,
and 225C.28B shall be by a proceeding for compliance initiated
by request to the division department pursuant to chapter
17A. Any decision of the division department shall be in
accordance with due process of law and is subject to appeal to
the Iowa district court pursuant to sections 17A.19 and 17A.20
by any aggrieved party. Either the division department or a
party in interest may apply to the Iowa district court for an
order to enforce the decision of the division department. Any
rules adopted by the commission to implement sections 225C.25,
-307-225C.26, 225C.28A, and 225C.28B do not create any right,
entitlement, property, or liberty right or interest, or private
cause of action for damages against the state or a political
subdivision of the state or for which the state or a political
subdivision of the state would be responsible. Any violation
of section 225C.28B, subsection 2, shall solely be subject to
the enforcement by the commissioner of insurance and penalties
granted by chapter 507B for a violation of section 507B.4,
subsection 3, paragraph “g”.
Sec. 463. Section 225C.35, Code 2023, is amended to read as
follows:
225C.35 Definitions.
For purposes of this subchapter, unless the context
otherwise requires:
1. “Department” means the department of human services.
2. 1. “Family” means a family member and the parent or
legal guardian of the family member.
3. 2. “Family member” means a person less than eighteen
years of age who by educational determination has a moderate,
severe, or profound educational disability or special
health care needs or who otherwise meets the definition
of developmental disability in the federal Developmental
Disabilities Assistance and Bill of Rights Act, as codified
in 42 U.S.C. §15002. The department shall adopt rules
establishing procedures for determining whether a child has a
developmental disability.
4. 3. “Legal guardian” means a person appointed by a court
to exercise powers over a family member.
5. 4. “Medical assistance” means payment of all or part of
the care authorized to be provided pursuant to chapter 249A the
same as defined in section 249A.2.
6. 5. “Parent” means a biological or adoptive parent.
7. 6. “Supplemental security income” means financial
assistance provided to individuals pursuant to Tit.XVI of the
federal Social Security Act, 42 U.S.C. §1381 – 1383c.
-308- Sec. 464. Section 225C.37, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. A statement that if the child receives medical
assistance, then the family support subsidy shall only be used
for the cost of a service which is not covered by medical
assistance. The family may receive welfare public assistance
for which the family is eligible.
Sec. 465. Section 225C.45, Code 2023, is amended to read as
follows:
225C.45 Public housing unit program.
1. The administrator department may establish a public
housing unit within a bureau of the division program to apply
for, receive, and administer federal assistance, grants, and
other public or private funds for purposes related to providing
housing.
2. In implementing the public housing unit program, the
division department may do all of the following:
a. Prepare, implement, and operate housing projects
and provide for the construction, improvement, extension,
alteration, or repair of a housing project under the division’s
department’s jurisdiction.
b. Develop and implement studies, conduct analyses, and
engage in research concerning housing and housing needs. The
information obtained from these activities shall be made
available to the public and to the building, housing, and
supply industries.
c. Cooperate with the Iowa finance authority, and
participate in any of the authority’s programs. Use, and use
any funds obtained pursuant to subsection 1 to participate in
the authority’s programs. The division department shall comply
with rules adopted by the authority as the rules apply to the
housing activities of the division department.
3. In accepting contributions, grants, or other financial
assistance from the federal government relating to a housing
activity of the division department, including construction,
-309-operation, or maintenance, or in managing a housing project or
undertaking constructed or owned by the federal government, the
division department may do any of the following:
a. Comply with federally required conditions or enter into
contracts or agreements as may be necessary, convenient, or
desirable.
b. Take any other action necessary or desirable in order
to secure the financial aid or cooperation of the federal
government.
c. Include in a contract with the federal government for
financial assistance any provision which the federal government
may require as a condition of the assistance that is consistent
with the provisions of this section.
4. The division department shall not proceed with a housing
project pursuant to this section, unless both of the following
conditions are met:
a. A study for a report which includes recommendations
concerning the housing available within a community is publicly
issued by the division department. The study shall be included
in the division’s department’s recommendations for a housing
project.
b. The division’s department’s recommendations are approved
by a majority of the city council or board of supervisors
with jurisdiction over the geographic area affected by the
recommendations.
5. Property acquired or held pursuant to this section
is public property used for essential public purposes and is
declared to be exempt from any tax or special assessment of the
state or any state public body as defined in section 403A.2.
In lieu of taxes on the property, the division department may
agree to make payments to the state or a state public body,
including but not limited to the division department, as the
division department finds necessary to maintain the purpose of
providing low-cost housing in accordance with this section.
6. Any property owned or held by the division department
-310- pursuant to this section is exempt from levy and sale by
execution. An execution or other judicial process shall not be
issued against the property and a judgment against the division
department shall not be a lien or charge against the property.
However, the provisions of this subsection shall not apply to
or limit the right of the federal government to pursue any
remedies available under this section. The provisions of this
subsection shall also not apply to or limit the right of an
obligee to take either of the following actions:
a. Foreclose or otherwise enforce a mortgage or other
security executed or issued pursuant to this section.
b. Pursue remedies for the enforcement of a pledge or lien
on rents, fees, or revenues.
7. In any contract with the federal government to provide
annual payments to the division department, the division
department may obligate itself to convey to the federal
government possession of or title to the housing project
in the event of a substantial default as defined in the
contract and with respect to the covenant or conditions to
which the division department is subject. The obligation
shall be specifically enforceable and shall not constitute a
mortgage. The contract may also provide that in the event of
a conveyance, the federal government may complete, operate,
manage, lease, convey, or otherwise deal with the housing
project and funds in accordance with the terms of the contract.
However, the contract shall require that, as soon as is
practicable after the federal government is satisfied that all
defaults with respect to the housing project are cured and the
housing project will be operated in accordance with the terms
of the contract, the federal government shall reconvey the
housing project to the division department.
8. The division department shall not undertake a housing
project pursuant to this section until a public hearing has
been held. At the hearing, the division department shall
notify the public of the proposed project’s name, location,
-311-number of living units proposed, and approximate cost. Notice
of the public hearing shall be published at least once in a
newspaper of general circulation at least fifteen days prior to
the date set for the hearing.
Sec. 466. Section 225C.47, subsection 2, Code 2023, is
amended to read as follows:
2. A comprehensive family support program is created in the
department of human services to provide a statewide system of
services and support to eligible families. The program shall
be implemented in a manner which enables a family member of
an individual with a disability to identify the services and
support needed to enable the individual to reside with the
individual’s family, to function more independently, and to
increase the individual’s integration into the community.
Sec. 467. Section 225C.49, Code 2023, is amended to read as
follows:
225C.49 Departmental duties concerning services to
individuals with a disability.
1. The department shall provide coordination of the
programs administered by the department which serve individuals
with a disability and the individuals’ families, including but
not limited to the following juvenile justice and child welfare
services: family-centered services described under section
232.102, decategorization of child welfare funding provided
for under section 232.188, and foster care services paid under
section 234.35, subsection 3. The department shall regularly
review administrative rules associated with such programs
and make recommendations to the council on human services,
governor, and general assembly for revisions to remove barriers
to the programs for individuals with a disability and the
individuals’ families including the following:
a. Eligibility prerequisites which require declaring the
individual at risk of abuse, neglect, or out-of-home placement.
b. Time limits on services which restrict addressing ongoing
needs of individuals with a disability and their families.
-312- 2. The department shall coordinate the department’s
programs and funding utilized by individuals with a disability
and their families with other state and local programs and
funding directed to individuals with a disability and their
families.
3. In implementing the provisions of this section, the
department shall do all of the following:
a. Compile information concerning services and other support
available to individuals with a disability and their families.
Make the information available to individuals with a disability
and their families and department staff.
b. Utilize internal training resources or contract for
additional training of staff concerning the information
under paragraph “a” and training of families and individuals
as necessary to implement the family support subsidy and
comprehensive family support programs under this chapter.
4. The department shall designate one individual whose sole
duties are to provide central coordination of the programs
under sections 225C.36 and 225C.47 and to oversee development
and implementation of the programs.
Sec. 468. Section 225C.51, Code 2023, is amended to read as
follows:
225C.51 Children’s behavioral health system state board.
1. A children’s behavioral health system state board
is created as the state body to provide guidance on the
implementation and management of a children’s behavioral health
system for the provision of services to children with a serious
emotional disturbance. State board members shall be appointed
on the basis of interest and experience in the fields of
children’s behavioral health to ensure adequate representation
from persons with life experiences and from persons
knowledgeable about children’s behavioral health services. The
department shall provide support to the state board, and the
board may utilize staff support and other assistance provided
to the state board by other persons. The state board shall
-313-meet at least four times per year. The membership of the state
board shall consist of the following persons:
a. The director of the department of health and human
services or the director’s designee.
b. The director of the department of education or the
director’s designee.
c. The director of the department of public health or the
director’s designee.
d. c. The director of workforce development or the
director’s designee.
e. d. A member of the mental health and disability services
commission.
f. e. Members appointed by the governor who are active
members of each of the indicated groups:
(1) One member shall be selected from nominees submitted by
the state court administrator.
(2) One member shall be selected from nominees submitted by
the early childhood Iowa office program in the department of
management.
(3) One member shall be a board member or an employee of a
provider of mental health services to children.
(4) One member shall be a board member or an employee of a
provider of child welfare services.
(5) One member shall be an administrator of an area
education agency.
(6) One member shall be an educator, counselor, or
administrator of a school district.
(7) One member shall be a representative of an established
advocacy organization whose mission or purpose it is, in part,
to further goals related to children’s mental health.
(8) One member shall be a parent or guardian of a child
currently utilizing or who has utilized behavioral health
services.
(9) One member shall be a sheriff.
(10) One member shall be a pediatrician.
-314- (11) One member shall be a representative from a health care
system.
(12) One member shall be a chief executive officer of a
mental health and disability services region.
g. f. In addition to the voting members, the membership
shall include four members of the general assembly with one
member designated by each of the following: the majority
leader of the senate, the minority leader of the senate, the
speaker of the house of representatives, and the minority
leader of the house of representatives. A legislative member
serves for a term as provided in section 69.16B in a nonvoting,
ex officio capacity and is not eligible for per diem and
expenses as provided in section 2.10.
2. Members appointed by the governor shall serve four-year
staggered terms and are subject to confirmation by the senate.
The four-year terms shall begin and end as provided in section
69.19. Vacancies on the state board shall be filled as
provided in section 2.32. A member shall not be appointed for
more than two consecutive four-year terms.
3. The director of the department of human services and the
director of the department of education, or their designees,
shall serve as co-chairpersons of the state board. Board
members shall not be entitled to a per diem as specified in
section 7E.6 and shall not be entitled to actual and necessary
expenses incurred while engaged in their official duties.
Sec. 469. Section 225C.52, subsection 1, Code 2023, is
amended to read as follows:
1. Advise the administrator director on the administration
of the children’s behavioral health system.
Sec. 470. Section 225D.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Department” means the department of health and human
services.
Sec. 471. Section 226.1, Code 2023, is amended to read as
follows:
-315- 226.1 Official designation — definitions.
1. The state hospitals for persons with mental illness shall
be designated as follows:
a. Mental Health Institute, Independence, Iowa.
b. Mental Health Institute, Cherokee, Iowa.
2. a. The purpose of the mental health institutes is to
operate as regional resource centers providing one or more of
the following:
(1) Treatment, training, care, habilitation, and support of
persons with mental illness or a substance abuse problem use
disorder.
(2) Facilities, services, and other support to the
communities located in the region being served by a mental
health institute so as to maximize the usefulness of the mental
health institutes while minimizing overall costs.
(3) A unit for the civil commitment of sexually violent
predators committed to the custody of the director of human
services pursuant to chapter 229A.
b. In addition, the mental health institutes are encouraged
to act as a training resource for community-based program
staff, medical students, and other participants in professional
education programs.
3. A mental health institute may request the approval of the
council on human services to change the name of the institution
for use in communication with the public, in signage, and in
other forms of communication.
4. For the purposes of this chapter, unless the context
otherwise requires:
a. “Administrator” means the person assigned by the
director of human services to control the state mental health
institutes. “Council” means the council on health and human
services.
b. “Department” means the department of health and human
services.
c. “Director” means the director of health and human
-316-services.
c. d. “Mental health and disability services region” means
a mental health and disability services region formed in
accordance with section 331.389.
e. “Mental health institute” or “state mental health
institute” means a state hospital for persons with mental
illness as designated in this chapter.
d. f. “Regional administrator” means the regional
administrator of a mental health and disability services
region, same as defined in section 331.388.
Sec. 472. Section 226.4, Code 2023, is amended to read as
follows:
226.4 Salary of superintendent.
The salary of the superintendent of each hospital mental
health institute shall be determined by the administrator
director.
Sec. 473. Section 226.5, Code 2023, is amended to read as
follows:
226.5 Superintendent as witness.
The superintendents and assistant physicians of said
hospitals the mental health institutes, when called as
witnesses in any court, shall be paid the same mileage which
other witnesses are paid and in addition thereto shall be paid
a fee of twenty-five dollars per day, said the fee to revert to
the support fund of the hospital mental health institute the
superintendent or assistant physician serves.
Sec. 474. Section 226.6, Code 2023, is amended to read as
follows:
226.6 Duties of superintendent.
The superintendent shall:
1. Have the control of the medical, mental, moral, and
dietetic treatment of the patients in the superintendent’s
custody subject to the approval of the administrator director.
2. Require all subordinate officers and employees to
perform their respective duties.
-317- 3. Have an official seal with the name of the hospital
mental health institute and the word “Iowa” thereon and on
the seal. The superintendent may affix the same seal to all
notices, orders of discharge, or other papers required to be
given by the superintendent.
4. Keep proper books in which shall be entered all moneys
and supplies received on account of any patient and a detailed
account of the disposition of the same all moneys and supplies.
Sec. 475. Section 226.7, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Preference in the reception of patients into said hospitals
the mental health institutes shall be exercised in the
following order:
Sec. 476. Section 226.8, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If determined appropriate for the person at the
sole discretion of the director of human services, the
administrator, or the director’s or administrator’s designee.
Sec. 477. Section 226.9, Code 2023, is amended to read as
follows:
226.9 Custody of patient.
The superintendent, upon the receipt of a duly executed
order of admission of a patient into the hospital for persons
with mental illness a state mental health institute, pursuant
to section 229.13, shall take such the patient into custody and
restrain the patient as provided by law and the rules of the
administrator department, without liability on the part of such
superintendent and all other officers of the hospital mental
health institute to prosecution of any kind on account thereof,
but no person shall be detained in the hospital mental health
institute who is found by the superintendent to be in good
mental health.
Sec. 478. Section 226.10, Code 2023, is amended to read as
follows:
-318- 226.10 Equal treatment.
The patients of the state mental health institutes,
according to their different conditions of mind and body, and
their respective needs, shall be provided for and treated
with equal care. If in addition to mental illness a patient
has a co-occurring intellectual disability, brain injury, or
substance abuse use disorder, the care provided shall also
address the co-occurring needs.
Sec. 479. Section 226.11, Code 2023, is amended to read as
follows:
226.11 Special care permitted.
Patients may have such special care as may be agreed upon
with the superintendent, if the friends or relatives of the
patient will pay the expense thereof of the special care.
Charges for such special care and attendance shall be paid
quarterly in advance.
Sec. 480. Section 226.12, Code 2023, is amended to read as
follows:
226.12 Monthly reports.
The administrator director shall assure that the
superintendent of each institute provides monthly reports
concerning the programmatic, environmental, and fiscal
condition of the mental health institute. The administrator
director or the administrator’s director’s designee shall
periodically visit each institute to validate the information.
Sec. 481. Section 226.13, Code 2023, is amended to read as
follows:
226.13 Patients allowed to write.
The name and address of the administrator director shall
be kept posted in every ward in each hospital mental health
institute. Every patient shall be allowed to write once a week
what the patient pleases to said administrator the director
and to any other person. The superintendent may send letters
addressed to other parties to the administrator director for
inspection before forwarding them to the individual addressed.
-319- Sec. 482. Section 226.14, Code 2023, is amended to read as
follows:
226.14 Writing material.
Every patient shall be furnished by the superintendent or
party having charge of such person the patient, at least once
in each week, with suitable materials for writing, enclosing,
sealing, and mailing letters, if the patient requests and uses
the same materials.
Sec. 483. Section 226.15, Code 2023, is amended to read as
follows:
226.15 Letters to administrator director.
The superintendent or other officer in charge of a patient
shall, without reading the same letters, receive all letters
addressed to the administrator director, if so requested, and
shall properly mail the same letters, and deliver to such
patient all letters or other writings addressed to the patient.
Letters written to the person so confined patient may be
examined by the superintendent, and if, in the superintendent’s
opinion, the delivery of such letters would be injurious to the
person so confined patient, the superintendent shall return the
letters to the writer with the superintendent’s reasons for not
delivering them the letters.
Sec. 484. Section 226.16, Code 2023, is amended to read as
follows:
226.16 Unauthorized departure and retaking.
It shall be the duty of the The superintendent and of all
other officers and employees of any of said hospitals mental
health institute, in case of the unauthorized departure of
any involuntarily hospitalized patient, to shall exercise
all due diligence to take into protective custody and return
said the patient to the hospital mental health institute.
A notification by the superintendent of such unauthorized
departure to any peace officer of the state or to any private
person shall be sufficient authority to such officer or person
to take and return such the patient to the hospital mental
-320-health institute.
Sec. 485. Section 226.17, Code 2023, is amended to read as
follows:
226.17 Expense attending retaking.
All actual and necessary expenses incurred in the taking
into protective custody, restraint, and return to the hospital
mental health institute of the patient shall be paid on
itemized vouchers, sworn to by the claimants and approved by
the business manager and the administrator director or the
director’s designee, from any moneys in the state treasury not
otherwise appropriated.
Sec. 486. Section 226.18, Code 2023, is amended to read as
follows:
226.18 Investigation as to mental health.
The administrator director may investigate the mental
condition of any patient and shall discharge any person, if, in
the administrator’s director’s opinion, such the person is not
mentally ill, or can be cared for after such discharge without
danger to others, and with benefit to the patient; but in. In
determining whether such the patient shall be discharged, the
recommendation of the superintendent shall be secured. If the
administrator director orders the discharge of an involuntarily
hospitalized patient, the discharge shall be by the procedure
prescribed in section 229.16. The power to investigate the
mental condition of a patient is merely permissive, and does
not repeal or alter any statute respecting the discharge or
commitment of patients of the state hospitals mental health
institutes.
Sec. 487. Section 226.22, Code 2023, is amended to read as
follows:
226.22 Clothing furnished.
Upon such discharge, the business manager department shall
furnish such the person discharged, unless otherwise supplied,
with suitable clothing and a sum of money not exceeding twenty
dollars, which shall be charged with the other expenses of such
-321- the patient in the hospital mental health institute.
Sec. 488. Section 226.23, Code 2023, is amended to read as
follows:
226.23 Convalescent leave of patients.
Upon the recommendation of the superintendent and in
accordance with section 229.15, subsection 5, in the case of
an involuntary patient, the administrator director may place
the patient on convalescent leave said patient for a period not
to exceed one year, under such conditions as are prescribed by
said administrator the director.
Sec. 489. Section 226.26, Code 2023, is amended to read as
follows:
226.26 Dangerous patients.
The administrator director, on the recommendation of the
superintendent, and on the application of the relatives or
friends of a patient who is not cured and who cannot be safely
allowed to go at liberty, may release the patient when fully
satisfied that the relatives or friends will provide and
maintain all necessary supervision, care, and restraint over
the patient. If the patient being released was involuntarily
hospitalized, the consent of the district court which ordered
the patient’s hospitalization placement shall be obtained in
advance in substantially the manner prescribed by section
229.14.
Sec. 490. Section 226.27, Code 2023, is amended to read as
follows:
226.27 Patient accused or acquitted of crime or awaiting
judgment.
If a patient was committed to a state hospital mental health
institute for evaluation or treatment under chapter 812 or the
rules of criminal procedure, further proceedings shall be had
under chapter 812 or the applicable rule when the evaluation
has been completed or the patient has regained mental capacity,
as the case may be.
Sec. 491. Section 226.30, Code 2023, is amended to read as
-322-follows:
226.30 Transfer of dangerous patients.
When a patient of any hospital for persons with mental
illness health institute becomes incorrigible and unmanageable
to such an extent that the patient is dangerous to the safety
of others in the hospital institute, the administrator
director, with the consent of the director of the Iowa
department of corrections, may apply in writing to the district
court or to any judge thereof of the district court, of
the county in which the hospital institute is situated, for
an order to transfer the patient to the Iowa medical and
classification center and if the order is granted the patient
shall be so transferred. The county attorney of the county
shall appear in support of the application on behalf of the
administrator director.
Sec. 492. Section 226.32, Code 2023, is amended to read as
follows:
226.32 Overcrowded conditions.
The administrator director shall order the discharge or
removal from the hospital mental health institute of incurable
and harmless patients whenever it is necessary to make room
for recent cases. If a patient who is to be so discharged
entered the hospital mental health institute voluntarily, the
administrator director shall notify the regional administrator
for the county interested at least ten days in advance of the
day of actual discharge.
Sec. 493. Section 226.33, Code 2023, is amended to read as
follows:
226.33 Notice to court.
When a patient who was hospitalized involuntarily and who
has not fully recovered is discharged from the hospital mental
health institute by the administrator director under section
226.32, notice of the order shall at once be sent to the court
which ordered the patient’s hospitalization, in the manner
prescribed by section 229.14.
-323- Sec. 494. Section 226.40, Code 2023, is amended to read as
follows:
226.40 Emergency patients.
In case of emergency disaster, with the infliction of
numerous casualties among the civilian population, the mental
health institutes are authorized to may accept sick and wounded
persons without commitment or any other formalities.
Sec. 495. Section 226.41, Code 2023, is amended to read as
follows:
226.41 Charge permitted.
The hospital is authorized to make a mental health institute
may charge for patients admitted under section 226.40, in the
manner provided by law and subject to the changes provided in
section 226.42.
Sec. 496. Section 226.42, Code 2023, is amended to read as
follows:
226.42 Emergency powers of superintendents.
In case the mental health institutes lose contact with
the statehouse seat of government, due to enemy action or
otherwise, the superintendents of the institutes are hereby
delegated the following powers and duties may do any of the
following:
1. May collect Collect moneys due the state treasury from
the counties and from responsible persons or other relatives,
these funds to be collected monthly, instead of quarterly, and
to be deposited for use in operating the institutes.
2. The superintendent shall have the power to requisition
Requisition supplies, such as food, fuel, drugs and medical
equipment, from any source available, in the name of the state,
with the power to and enter into contracts binding the state
for payment at an indefinite future time.
3. The superintendent shall be authorized to employ Employ
personnel in all categories and for whatever remuneration the
superintendent deems necessary, without regard to existing
laws, rules, or regulations, in order to permit the institute
-324-to continue its old existing functions, as well as and meet its
additional responsibilities.
Sec. 497. Section 226.43, Code 2023, is amended to read as
follows:
226.43 Fund created.
There is hereby established at each hospital mental health
institute a fund known as the “patients’ personal deposit
fund”.
Sec. 498. Section 226.44, Code 2023, is amended to read as
follows:
226.44 Deposits.
Any funds, including social security benefits, coming into
the possession of the superintendent or any employee of the
hospital mental health institute belonging to any patient in
that hospital mental health institute, shall be deposited in
the name of that patient in the patients’ personal deposit
fund, except that if a guardian of the property of that patient
has been appointed, the guardian shall have the right to demand
and receive such funds. Funds belonging to a patient deposited
in the patients’ personal deposit fund may be used for the
purchase of personal incidentals, desires and comforts for the
patient.
Sec. 499. Section 226.45, Code 2023, is amended to read as
follows:
226.45 Reimbursement to county or state.
If a patient is not receiving medical assistance under
chapter 249A and the amount in the account of any patient
in the patients’ personal deposit fund exceeds two hundred
dollars, the business manager of the hospital mental health
institute may apply any of the excess to reimburse the county
of residence or the state when the patient is a resident in
another state or in a foreign country, or when the patient’s
residence is unknown, for liability incurred by the county or
the state for the payment of care, support, and maintenance of
the patient, when billed by the county of residence or by the
-325-administrator when the patient is a resident in another state
or in a foreign country, or when the patient’s residence is
unknown department.
Sec. 500. Section 226.46, Code 2023, is amended to read as
follows:
226.46 Deposit of fund.
The business manager department shall deposit the patients’
personal deposit fund in a commercial account of a bank of
reputable standing. When deposits in the commercial account
exceed average monthly withdrawals, the business manager
department may deposit the excess at interest. The savings
account shall be in the name of the patients’ personal deposit
fund and interest paid thereon on the account may be used for
recreational purposes at the hospital mental health institute.
Sec. 501. Section 227.1, Code 2023, is amended to read as
follows:
227.1 Definitions — supervision.
1. For the purposes of this chapter, unless the context
otherwise requires:
a. “Administrator” means the person assigned by the director
of human services in the appropriate division of the department
to administer mental health and disability services. “County
care facility” means a county care facility operated under
chapter 347B.
b. “Department” means the department of health and human
services.
c. “Director” means the director of health and human
services.
d. “Facility” includes a county care facility and a private
or county facility, including a hospital, for persons with
mental illness or an intellectual disability.
c. e. “Mental health and disability services region” means
a mental health and disability services region formed in
accordance with section 331.389.
f. “Patient” means a person receiving care in a facility or
-326-a state mental health institute.
d. g. “Regional administrator” means the regional
administrator of a mental health and disability services
region, same as defined in section 331.388.
h. “Resident” means a person cared for in a county care
facility.
2. The regulatory requirements for county and private
institutions facilities where persons with mental illness or
an intellectual disability are admitted, committed, or placed
shall be administered by the administrator department.
Sec. 502. Section 227.2, Code 2023, is amended to read as
follows:
227.2 Inspection.
1. The director of inspections, and appeals, and licensing
shall make, or cause to be made, at least one licensure
inspection each year of every county care facility. Either
the administrator of the division director or the director of
the department of inspections, and appeals, and licensing, in
cooperation with each other, upon receipt of a complaint or for
good cause, may make, or cause to be made, a review of a county
care facility or of any other private or county institution
facility where persons with mental illness or an intellectual
disability are admitted or reside. A licensure inspection
or a review shall be made by a competent and disinterested
person who is acquainted with and interested in the care of
persons with mental illness and persons with an intellectual
disability. The objective of a licensure inspection or a
review shall be an evaluation of the programming and treatment
provided by the facility. After each licensure inspection of
a county care facility, the person who made the inspection
shall consult with the regional administrator for the county
in which the facility is located on plans and practices that
will improve the care given patients residents. The person
shall also make recommendations to the administrator of the
division and the director of public health for coordinating
-327-and improving the relationships between the administrators of
county care facilities, the administrator of the division,
the director of public health, the superintendents of state
mental health institutes and resource centers, community
mental health centers, mental health and disability services
regions, and other cooperating agencies, to cause improved
and more satisfactory care of patients. A written report of
each licensure inspection of a county care facility under this
section shall be filed by the person with the administrator of
the division and the director of public health department and
shall include:
a. The capacity of the institution facility for the care of
residents.
b. The number, sex, ages, and primary diagnoses of the
residents.
c. The care of residents, their food, clothing, treatment
plan, employment, and opportunity for recreational activities
and for productive work intended primarily as therapeutic
activity.
d. The number, job classification, sex, duties, and salaries
of all employees.
e. The cost to the state or county of maintaining residents
in a county care facility.
f. The recommendations given to and received from the
regional administrator on methods and practices that will
improve the conditions under which the county care facility is
operated.
g. Any failure to comply with standards adopted under
section 227.4 for care of persons with mental illness and
persons with an intellectual disability in county care
facilities, which is not covered in information submitted
pursuant to paragraphs “a” through “f”, and any other matters
which the director of public health, in consultation with the
administrator of the division, may require.
2. A copy of the written report prescribed by subsection 1
-328-shall be furnished to the county board of supervisors, to the
regional administrator for the county, to the administrator
of the county care facility inspected and to its certified
volunteer long-term care ombudsman, and to the department on
aging.
3. The department of inspections, and appeals, and
licensing shall inform the administrator of the division
department of an action by the department of inspections,
appeals, and licensing to suspend, revoke, or deny renewal of a
license issued by the department of inspections, and appeals,
and licensing to a county care facility, and the reasons for
the action.
4. In addition to the licensure inspections required or
authorized by this section, the administrator of the division
department shall cause to be made an evaluation of each person
cared for in a county care facility at least once each year by
one or more qualified mental health, intellectual disability,
or medical professionals, whichever is appropriate.
a. It is the responsibility of the state to secure the
annual evaluation for each person who is on convalescent leave
or who has not been discharged from a state mental health
institute. It is the responsibility of the county to secure
the annual evaluation for all other persons with mental illness
in the county care facility.
b. It is the responsibility of the state to secure the
annual evaluation for each person who is on leave and has
not been discharged from a state resource center. It is the
responsibility of the county to secure the annual evaluation
for all other persons with an intellectual disability in the
county care facility.
c. It is the responsibility of the county to secure an
annual evaluation of each resident of a county care facility to
whom neither paragraph “a” nor paragraph “b” is applicable.
5. The evaluations required by subsection 4 shall include
an examination of each person which shall reveal the person’s
-329-condition of mental and physical health and the likelihood
of improvement or discharge and other recommendations
concerning the care of those persons as the evaluator deems
pertinent. One copy of the evaluation shall be filed with the
administrator of the division department and one copy shall be
filed with the administrator of the county care facility.
Sec. 503. Section 227.3, Code 2023, is amended to read as
follows:
227.3 Residents to have hearing Resident and patient input.
The inspector conducting any licensure inspection or review
under section 227.2 shall give each resident or patient an
opportunity to converse with the inspector out of the hearing
of any officer or employee of the institution facility, and
shall fully investigate all complaints and report the result in
writing to the administrator of the division department. The
administrator department before acting on the report adversely
to the institution facility, shall give the persons in charge a
copy of the report and an opportunity to be heard.
Sec. 504. Section 227.4, Code 2023, is amended to read as
follows:
227.4 Standards for care of persons with mental illness or an
intellectual disability in county care facilities.
The administrator department, in cooperation with the
department of inspections and appeals, shall recommend
and the mental health and disability services commission
created in section 225C.5 shall adopt, or amend and adopt,
standards for the care of and services to persons with
mental illness or an intellectual disability residing in
county care facilities. The standards shall be enforced by
the department of inspections and appeals as a part of the
licensure inspection conducted pursuant to chapter 135C. The
objective of the standards is to ensure that persons with
mental illness or an intellectual disability who are residents
of county care facilities are not only adequately fed, clothed,
and housed, but are also offered reasonable opportunities for
-330-productive work and recreational activities suited to their
physical and mental abilities and offering both a constructive
outlet for their energies and, if possible, therapeutic
benefit. When recommending standards under this section, the
administrator department shall designate an advisory committee
representing administrators of county care facilities, regional
administrators, mental health and disability services region
governing boards, and county care facility certified volunteer
long-term care ombudsmen to assist in the establishment of
standards.
Sec. 505. Section 227.6, Code 2023, is amended to read as
follows:
227.6 Removal of residents or patients.
If a county care facility fails to comply with rules and
standards adopted under this chapter, the administrator
department may remove all persons with mental illness and
all persons with an intellectual disability cared for in
the county care facility at public expense, to the proper
state mental health institute or resource center, or to
some private or county institution or hospital facility for
the care of persons with mental illness or an intellectual
disability that has complied with the rules prescribed by
the administrator department. Residents being transferred
to a state mental health institute or resource center shall
be accompanied by an attendant or attendants sent from the
institute or resource center. If a resident is transferred
under this section, at least one attendant shall be of the
same sex. If the administrator department finds that the
needs of residents patients with mental illness and residents
patients with an intellectual disability of any other county
or private institution facility are not being adequately met,
those residents patients may be removed from that institution
facility upon order of the administrator department.
Sec. 506. Section 227.7, Code 2023, is amended to read as
follows:
-331- 227.7 Cost — collection from county.
The cost of such removal, including all expenses of said
the attendant, shall be certified by the superintendent of the
hospital facility receiving the patient, to the director of
the department of administrative services, who shall draw a
warrant upon the treasurer of state for said sum the amount,
which shall be credited to the support fund of said hospital
the facility and charged against the general revenues of the
state and collected by the director of the department of
administrative services from the county which sent said the
patient to said institution the facility.
Sec. 507. Section 227.8, Code 2023, is amended to read as
follows:
227.8 Notification to guardians.
The administrator department shall notify the guardian,
or one or more of the relatives, of patients kept at private
expense, of all violations of said the rules by said the
private or county institutions facilities, and of the action of
the administrator department as to all other patients.
Sec. 508. Section 227.9, Code 2023, is amended to read as
follows:
227.9 Investigating mental health.
Should When the administrator believe department determines
that any person in any such county or private institution
facility is in good mental health, or illegally restrained
of liberty, the administrator department shall institute and
prosecute proceedings in the name of the state, before the
proper officer, board, or court, for the discharge of such the
person.
Sec. 509. Section 227.10, Code 2023, is amended to read as
follows:
227.10 Transfers from county or private institutions
facilities.
Patients who have been admitted at public expense to any
institution facility to which this chapter is applicable may
-332-be involuntarily transferred to the proper state hospital for
persons with mental illness health institute in the manner
prescribed by sections 229.6 through 229.13. The application
required by section 229.6 may be filed by the administrator
of the division director or the administrator’s director’s
designee, or by the administrator of the institution facility
where the patient is then being maintained or treated.
If the patient was admitted to that institution facility
involuntarily, the administrator of the division department
may arrange and complete the transfer, and shall report it
as required of a chief medical officer under section 229.15,
subsection 5. The transfer shall be made at the mental health
and disability services region’s expense, and the expense
recovered, as provided in section 227.7. However, transfer
under this section of a patient whose expenses are payable
in whole or in part by the mental health and disability
services region is subject to an authorization for the transfer
through the regional administrator for the patient’s county of
residence.
Sec. 510. Section 227.11, Code 2023, is amended to read as
follows:
227.11 Transfers from state hospitals mental health
institutes.
A regional administrator for the county chargeable with
the expense of a patient in a state hospital for persons with
mental illness health institute shall transfer the patient
to a county or private institution facility for persons with
mental illness that is in compliance with the applicable
rules when the administrator of the division director or the
administrator’s director’s designee orders the transfer on a
finding that the patient is suffering from a serious mental
illness and will receive equal benefit by being so transferred.
A mental health and disability services region shall transfer
to a county care facility any patient in a state hospital for
persons with mental illness health institute upon request
-333-of the superintendent of the state hospital mental health
institute in which the patient is confined pursuant to the
superintendent’s authority under section 229.15, subsection 5,
and approval by the regional administrator for the county of
the patient’s residence. In no case shall a patient be thus
transferred except upon compliance with section 229.14A or
without the written consent of a relative, friend, or guardian
if such relative, friend, or guardian pays the expense of
the care of such patient in a state hospital mental health
institute. Patients transferred to a public or private
facility under this section may subsequently be placed on
convalescent or limited leave or transferred to a different
facility for continued full-time custody, care, and treatment
when, in the opinion of the attending physician or the chief
medical officer of the hospital facility from which the patient
was so transferred, the best interest of the patient would be
served by such the leave or transfer. For any patient who is
involuntarily committed, any transfer made under this section
is subject to the placement hearing requirements of section
229.14A.
Sec. 511. Section 227.12, Code 2023, is amended to read as
follows:
227.12 Difference of opinion.
When a difference of opinion exists between the
administrator of the division director and the authorities in
charge of any private or county hospital facility in regard to
the transfer of a patient as provided in sections 227.10 and
227.11, the matter shall be submitted to the district court
of the county in which such hospital the facility is situated
and shall be summarily tried as an equitable action, and the
judgment of the district court shall be final.
Sec. 512. Section 227.13, Code 2023, is amended to read as
follows:
227.13 Discharge of transferred patient.
Patients transferred from a state hospital mental health
-334-institute to such county or private institutions facilities
shall not be discharged, when not cured, without the consent of
the administrator of the division director.
Sec. 513. Section 227.14, Code 2023, is amended to read as
follows:
227.14 Caring for persons with mental illness from other
counties.
The regional administrator for a county that does not have
proper facilities for caring for persons with mental illness
may, with the consent of the administrator of the division
department, provide for such care at the expense of the mental
health and disability services region in any convenient and
proper county or private institution facility for persons with
mental illness which is willing to receive the persons.
Sec. 514. Section 227.15, Code 2023, is amended to read as
follows:
227.15 Authority to involuntarily confine in hospital.
No A person shall not be involuntarily confined and
restrained in any private institution or hospital or county
hospital facility or other general hospital with a psychiatric
ward for the care or treatment of persons with mental illness,
except by the procedure prescribed in sections 229.6 through
229.15.
Sec. 515. Section 229.1, Code 2023, is amended to read as
follows:
229.1 Definitions.
As used in this chapter, unless the context clearly requires
otherwise:
1. “Administrator” means the administrator of the department
of human services assigned, in accordance with section
218.1, to control the state mental health institutes, or that
administrator’s designee.
2. 1. “Advocate” means a mental health advocate.
3. 2. “Auditor” means the county auditor or the auditor’s
designee.
-335- 4. 3. “Chemotherapy” means treatment of an individual by
use of a drug or substance which cannot legally be delivered
or administered to the ultimate user without a physician’s
prescription or medical order.
5. 4. “Chief medical officer” means the medical director in
charge of a public or private hospital, or that individual’s
physician-designee. This chapter does not negate the authority
otherwise reposed by law in the respective superintendents
of each of the state hospitals for persons with mental
illness health institutes, established by chapter 226, to
make decisions regarding the appropriateness of admissions or
discharges of patients of that hospital, state mental health
institute; however, it is the intent of this chapter that if
the superintendent is not a licensed physician the decisions by
the superintendent shall be corroborated by the chief medical
officer of the hospital mental health institute.
6. 5. “Clerk” means the clerk of the district court.
6. “Department” means the department of health and human
services.
7. “Director” means the director of health and human
services.
7. 8. “Hospital” means either a public hospital or a
private hospital.
8. 9. “Licensed physician” means an individual licensed
under the provisions of chapter 148 to practice medicine and
surgery or osteopathic medicine and surgery.
9. 10. “Magistrate” means the same as defined in section
801.4, subsection 10.
10. 11. “Mental health and disability services region”
means a mental health and disability services region formed in
accordance with section 331.389.
11. 12. “Mental health professional” means the same as
defined in section 228.1.
12. 13. “Mental illness” means every type of mental
disease or mental disorder, except that it does not refer to
-336-an intellectual disability as defined in section 4.1, or to
insanity, diminished responsibility, or mental incompetency as
the terms are defined and used in the Iowa criminal code or in
the rules of criminal procedure, Iowa court rules.
13. 14. “Patient” means a person who has been hospitalized
or ordered hospitalized to receive treatment pursuant to
section 229.14.
14. 15. “Private hospital” means any hospital or
institution facility not directly supported by public funds, or
a part thereof of such hospital or facility, which is equipped
and staffed to provide inpatient care to persons with mental
illness.
15. 16. “Psychiatric advanced registered nurse practitioner”
means an individual currently licensed as a registered nurse
under chapter 152 or 152E who holds a national certification in
psychiatric mental health care and who is licensed by the board
of nursing as an advanced registered nurse practitioner.
16. 17. “Public hospital” means any of the following:
a. A state mental health institute established by chapter
226; or.
b. The state psychiatric hospital established by chapter
225; or.
c. Any other publicly supported hospital or institution
facility, or part of such hospital or institution facility,
which is equipped and staffed to provide inpatient care to
persons with mental illness, except the Iowa medical and
classification center established by chapter 904.
17. 18. “Region” means a mental health and disability
services region formed in accordance with section 331.389.
18. 19. “Regional administrator” means the regional
administrator of a mental health and disability services
region, same as defined in section 331.388.
19. 20. “Respondent” means any person against whom an
application has been filed under section 229.6, but who has not
been finally ordered committed for full-time custody, care, and
-337-treatment in a hospital.
20. 21. “Serious emotional injury” is an injury which does
not necessarily exhibit any physical characteristics, but which
can be recognized and diagnosed by a licensed physician or
other mental health professional and which can be causally
connected with the act or omission of a person who is, or is
alleged to be, mentally ill.
21. 22. “Seriously mentally impaired” or “serious mental
impairment” describes the condition of a person with mental
illness and because of that illness lacks sufficient judgment
to make responsible decisions with respect to the person’s
hospitalization or treatment, and who because of that illness
meets any of the following criteria:
a. Is likely to physically injure the person’s self or
others if allowed to remain at liberty without treatment.
b. Is likely to inflict serious emotional injury on
members of the person’s family or others who lack reasonable
opportunity to avoid contact with the person with mental
illness if the person with mental illness is allowed to remain
at liberty without treatment.
c. Is unable to satisfy the person’s needs for nourishment,
clothing, essential medical care, or shelter so that it is
likely that the person will suffer physical injury, physical
debilitation, or death.
d. Has a history of lack of compliance with treatment and
any of the following apply applies:
(1) Lack of compliance has been a significant factor in the
need for emergency hospitalization.
(2) Lack of compliance has resulted in one or more acts
causing serious physical injury to the person’s self or others
or an attempt to physically injure the person’s self or others.
Sec. 516. Section 229.2, subsection 1, paragraph b,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Upon receipt of an application for voluntary admission
-338-of a minor, the chief medical officer shall provide separate
prescreening interviews and consultations with the parent,
guardian, or custodian and the minor to assess the family
environment and the appropriateness of the application for
admission.
(2) During the interview and consultation the chief medical
officer shall inform the minor orally and in writing that the
minor has a right to object to the admission. If the chief
medical officer of the hospital to which application is made
determines that the admission is appropriate but the minor
objects to the admission, the parent, guardian, or custodian
must petition the juvenile court for approval of the admission
before the minor is actually admitted.
Sec. 517. Section 229.4, Code 2023, is amended to read as
follows:
229.4 Right to release on application.
A voluntary patient who requests release or whose release
is requested, in writing, by the patient’s legal guardian,
parent, spouse, or adult next of kin shall be released from the
hospital forthwith, except that in accordance with all of the
following, as applicable:
1. If the patient was admitted on the patient’s own
application and the request for release is made by some other
person, release may be conditioned upon the agreement of the
patient.
2. If the patient is a minor who was admitted on the
application of the patient’s parent, guardian, or custodian
pursuant to section 229.2, subsection 1, the patient’s release
prior to becoming eighteen years of age may be conditioned upon
the consent of the parent, guardian, or custodian, or upon the
approval of the juvenile court if the admission was approved by
the juvenile court; and.
3. If the chief medical officer of the hospital, not later
than the end of the next secular day on which the office of
the clerk of the district court for the county in which the
-339-hospital is located is open and which follows the submission
of the written request for release of the patient, files with
that clerk a certification that in the chief medical officer’s
opinion the patient is seriously mentally impaired, the release
may be postponed for the period of time the court determines
is necessary to permit commencement of judicial procedure
for involuntary hospitalization. That period of time may
not exceed five days, exclusive of days on which the clerk’s
office is not open unless the period of time is extended by
order of a district court judge for good cause shown. Until
disposition of the application for involuntary hospitalization
of the patient is determined, if one an application is timely
filed, the chief medical officer may detain the patient in
the hospital and may provide treatment which is necessary
to preserve the patient’s life, or to appropriately control
behavior by the patient which is likely to result in physical
injury to the patient or to others if allowed to continue, but
may not otherwise provide treatment to the patient without the
patient’s consent.
Sec. 518. Section 229.6, subsection 1, Code 2023, is amended
to read as follows:
1. Proceedings for the involuntary hospitalization of an
individual pursuant to this chapter or for the involuntary
commitment or treatment of a person with a substance-related
substance use disorder to a facility pursuant to chapter
125 may be commenced by any interested person by filing a
verified application with the clerk of the district court of
the county where the respondent is presently located, or which
is the respondent’s place of residence. The clerk, or the
clerk’s designee, shall assist the applicant in completing the
application.
Sec. 519. Section 229.6, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) A substance-related substance use disorder as defined
in section 125.2.
-340- Sec. 520. Section 229.8, Code 2023, is amended to read as
follows:
229.8 Procedure after application is filed.
As soon as practicable after the filing of an application
pursuant to section 229.6, the court shall do all of the
following:
1. Determine whether the respondent has an attorney
who is able and willing to represent the respondent in the
hospitalization proceeding, and if not, whether the respondent
is financially able to employ an attorney and capable of
meaningfully assisting in selecting one. In accordance with
those determinations, the court shall if necessary allow the
respondent to select, or shall assign to the respondent, an
attorney. If the respondent is financially unable to pay an
attorney, the attorney shall be compensated by the mental
health and disability services region at an hourly rate to be
established by the regional administrator for the county in
which the proceeding is held in substantially the same manner
as provided in section 815.7.
2. Cause copies of the application and supporting
documentation to be sent to the county attorney or the county
attorney’s attorney-designate for review.
3. Issue a written order which shall provide for all of the
following:
a. If not previously done, set a time and place for a
hospitalization hearing, which shall be at the earliest
practicable time not less than forty-eight hours after notice
to the respondent, unless the respondent waives such minimum
prior notice requirement; and.
b. Order an examination of the respondent, prior to
the hearing, by one or more licensed physicians or mental
health professionals who shall submit a written report on the
examination to the court as required by section 229.10.
Sec. 521. Section 229.11, subsection 1, Code 2023, is
amended to read as follows:
-341- 1. If the applicant requests that the respondent be taken
into immediate custody and the judge, upon reviewing the
application and accompanying documentation, finds probable
cause to believe that the respondent has a serious mental
impairment and is likely to injure the respondent or other
persons if allowed to remain at liberty, the judge may enter
a written order directing that the respondent be taken into
immediate custody by the sheriff or the sheriff’s deputy
and be detained until the hospitalization hearing. The
hospitalization hearing shall be held no more than five days
after the date of the order, except that if the fifth day after
the date of the order is a Saturday, Sunday, or a holiday, the
hearing may be held on the next succeeding business day. If
the expenses of a respondent are payable in whole or in part by
a mental health and disability services region, for a placement
in accordance with paragraph “a”, the judge shall give notice of
the placement to the regional administrator for the county in
which the court is located, and for a placement in accordance
with paragraph “b” or “c”, the judge shall order the placement
in a hospital or facility designated through the regional
administrator. The judge may order the respondent detained for
the period of time until the hearing is held, and no longer,
in accordance with paragraph “a”, if possible, and if not then
in accordance with paragraph “b”, or, only if neither of these
alternatives is available, in accordance with paragraph “c”.
Detention may be in any of the following:
a. In the custody of a relative, friend, or other suitable
person who is willing to accept responsibility for supervision
of the respondent, and the respondent may be placed under
such reasonable restrictions as the judge may order including
but not limited to restrictions on or a prohibition of any
expenditure, encumbrance, or disposition of the respondent’s
funds or property; or.
b. In a suitable hospital the chief medical officer of
which shall be informed of the reasons why immediate custody
-342-has been ordered and may provide treatment which is necessary
to preserve the respondent’s life, or to appropriately control
behavior by the respondent which is likely to result in
physical injury to the respondent or to others if allowed
to continue, but may not otherwise provide treatment to the
respondent without the respondent’s consent; or.
c. In the nearest facility in the community which is
licensed to care for persons with mental illness or substance
abuse use disorder, provided that detention in a jail or other
facility intended for confinement of those accused or convicted
of crime shall not be ordered.
Sec. 522. Section 229.13, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The court shall order any other respondent placed under
the care of an appropriate hospital or facility licensed to
care for persons with mental illness or substance abuse use
disorder on an inpatient or outpatient basis.
Sec. 523. Section 229.15, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. When a patient has been placed in an alternative facility
other than a hospital pursuant to a report issued under section
229.14, subsection 1, paragraph “d”, a report on the patient’s
condition and prognosis shall be made to the court which placed
the patient, at least once every six months, unless the court
authorizes annual reports. If an evaluation of the patient is
performed pursuant to section 227.2, subsection 4, a copy of
the evaluation report shall be submitted to the court within
fifteen days of the evaluation’s completion. The court may
in its discretion waive the requirement of an additional
report between the annual evaluations. If the administrator
department exercises the authority to remove residents or
patients from a county care facility or other county or private
institution facility under section 227.6, the administrator
department shall promptly notify each court which placed in
that facility any resident so or patient removed.
-343- 5. a. When in the opinion of the chief medical officer the
best interest of a patient would be served by a convalescent
or limited leave, the chief medical officer may authorize the
leave and, if authorized, shall promptly report the leave to
the court. When in the opinion of the chief medical officer
the best interest of a patient would be served by a transfer
to a different hospital for continued full-time custody, care,
and treatment, the chief medical officer shall promptly send
a report to the court. The court shall act upon the report in
accordance with section 229.14A.
b. This subsection shall not be construed to add to or
restrict the authority otherwise provided by law for transfer
of patients or residents among various state institutions
administered by the department of human services. If a patient
is transferred under this subsection, the treatment provider to
whom the patient is transferred shall be provided with copies
of relevant court orders by the former treatment provider.
Sec. 524. Section 229.19, subsection 1, paragraphs a and e,
Code 2023, are amended to read as follows:
a. In each county the board of supervisors shall appoint
an individual who has demonstrated by prior activities an
informed concern for the welfare and rehabilitation of persons
with mental illness, and who is not an officer or employee
of the department of human services, an officer or employee
of a region, an officer or employee of a county performing
duties for a region, or an officer or employee of any agency
or facility providing care or treatment to persons with mental
illness, to act as an advocate representing the interests of
patients involuntarily hospitalized by the court, in any matter
relating to the patients’ hospitalization or treatment under
section 229.14 or 229.15.
e. An advocate may also be assigned pursuant to this section
for an individual who has been diagnosed with a co-occurring
mental illness and substance-related substance use disorder.
Sec. 525. Section 229.21, Code 2023, is amended to read as
-344-follows:
229.21 Judicial hospitalization referee — appeals to
district court.
1. The chief judge of each judicial district may appoint
at least one judicial hospitalization referee for each county
within the district. The judicial hospitalization referee
shall be an attorney, licensed to practice law in this state,
who shall be chosen with consideration to any training,
experience, interest, or combination of those factors, which
are pertinent to the duties of the office. The referee
shall hold office at the pleasure of the chief judge of the
judicial district and receive compensation at a rate fixed by
the supreme court. If the referee expects to be absent for
any significant length of time, the referee shall inform the
chief judge who may appoint a temporary substitute judicial
hospitalization referee having the qualifications set forth in
this subsection.
2. When an application for involuntary hospitalization
under section 229.6 or for involuntary commitment or treatment
of persons with substance-related disorders a substance
use disorder under section 125.75 is filed with the clerk
of the district court in any county for which a judicial
hospitalization referee has been appointed, and no district
judge, district associate judge, or magistrate who is admitted
to the practice of law in this state is accessible, the clerk
shall immediately notify the referee in the manner required by
section 229.7 or section 125.77. The referee shall discharge
all of the duties imposed upon the court by sections 229.7
through 229.19, this section, and section 229.22 or sections
125.75 through 125.94 in the proceeding so initiated. Subject
to the provisions of subsection 4, orders issued by a referee,
in discharge of duties imposed under this section, shall have
the same force and effect as if ordered by a district judge.
However, any commitment to a facility regulated and operated
under chapter 135C shall be in accordance with section 135C.23.
-345- 3. a. Any respondent with respect to whom the magistrate
or judicial hospitalization referee has found the contention
that the respondent is seriously mentally impaired or a person
with a substance-related substance use disorder sustained by
clear and convincing evidence presented at a hearing held
under section 229.12 or section 125.82, may appeal from the
magistrate’s or referee’s finding to a judge of the district
court by giving the clerk notice in writing, within ten days
after the magistrate’s or referee’s finding is made, that an
appeal is taken. The appeal may be signed by the respondent or
by the respondent’s next friend, guardian, or attorney.
b. An order of a magistrate or judicial hospitalization
referee with a finding that the respondent is seriously
mentally impaired or a person with a substance-related
substance use disorder shall include the following notice,
located conspicuously on the face of the order:
NOTE: The respondent may appeal from this order to a judge of
the district court by giving written notice of the appeal to
the clerk of the district court within ten days after the date
of this order. The appeal may be signed by the respondent or
by the respondent’s next friend, guardian, or attorney. For a
more complete description of the respondent’s appeal rights,
consult section 229.21 of the Code of Iowa or an attorney.
c. When appealed, the matter shall stand for trial de novo.
Upon appeal, the court shall schedule a hospitalization or
commitment hearing before a district judge at the earliest
practicable time.
d. Any respondent with respect to whom the magistrate or
judicial hospitalization referee has held a placement hearing
and has entered a placement order may appeal the order to a
judge of the district court. The request for appeal must be
given to the clerk in writing within ten days of the entry of
the magistrate’s or referee’s order. The request for appeal
shall be signed by the respondent, or the respondent’s next
friend, guardian, or attorney.
-346- 4. If the appellant is in custody under the jurisdiction
of the district court at the time of service of the notice of
appeal, the appellant shall be discharged from custody unless
an order that the appellant be taken into immediate custody has
previously been issued under section 229.11 or section 125.81,
in which case the appellant shall be detained as provided in
that section until the hospitalization or commitment hearing
before the district judge. If the appellant is in the custody
of a hospital or facility at the time of service of the notice
of appeal, the appellant shall be discharged from custody
pending disposition of the appeal unless the chief medical
officer, not later than the end of the next secular day on
which the office of the clerk is open and which follows service
of the notice of appeal, files with the clerk a certification
that in the chief medical officer’s opinion the appellant is
seriously mentally ill or a person with a substance-related
substance use disorder. In that case, the appellant shall
remain in custody of the hospital or facility until the
hospitalization or commitment hearing before the district
court.
5. The hospitalization or commitment hearing before the
district judge shall be held, and the judge’s finding shall
be made and an appropriate order entered, as prescribed by
sections 229.12 and 229.13 or sections 125.82 and 125.83.
If the judge orders the appellant hospitalized or committed
for a complete psychiatric or substance abuse use disorder
evaluation, jurisdiction of the matter shall revert to the
judicial hospitalization referee.
Sec. 526. Section 229.23, subsection 3, Code 2023, is
amended to read as follows:
3. In addition to protection of the person’s constitutional
rights, enjoyment of other legal, medical, religious, social,
political, personal and working rights and privileges which
the person would enjoy if the person were not so hospitalized
or detained, so far as is possible consistent with effective
-347-treatment of that person and of the other patients of the
hospital. If the patient’s rights are restricted, the
physician’s or mental health professional’s direction to
that effect shall be noted on the patient’s record. The
department of human services shall, in accordance with chapter
17A establish rules setting forth the specific rights and
privileges to which persons so hospitalized or detained are
entitled under this section, and the exceptions provided by
section 17A.2, subsection 11, paragraphs “a” and “k”, shall not
be applicable to the rules so established. The patient or the
patient’s next of kin or friend shall be advised of these rules
and be provided a written copy upon the patient’s admission to
or arrival at the hospital.
Sec. 527. Section 229.24, subsection 1, Code 2023, is
amended to read as follows:
1. All papers and records pertaining to any involuntary
hospitalization or application pursuant to section 229.6 of any
person under this chapter, whether part of the permanent record
of the court or of a file in the department of human services,
are subject to inspection only upon an order of the court for
good cause shown.
Sec. 528. Section 229.26, Code 2023, is amended to read as
follows:
229.26 Exclusive procedure for involuntary hospitalization.
Sections 229.6 through 229.19 constitute the exclusive
procedure for involuntary hospitalization of persons by reason
of serious mental impairment in this state, except that this
chapter does not negate the provisions of section 904.503
relating to transfer of prisoners with mental illness to state
hospitals for persons with mental illness health institutes and
does not apply to commitments of persons under chapter 812 or
the rules of criminal procedure, Iowa court rules, or negate
the provisions of section 232.51 relating to disposition of
children with mental illness.
Sec. 529. Section 229.27, subsection 3, Code 2023, is
-348-amended to read as follows:
3. A hearing limited to the question of the person’s
competence and conducted in substantially the manner prescribed
in sections 633.552, 633.556, 633.558, and 633.560 shall be
held when any of the following circumstances applies:
a. The court is petitioned or proposes upon its own motion
to find incompetent by reason of mental illness a person whose
involuntary hospitalization has been ordered under section
229.13 or 229.14, and who contends that the person is not
incompetent; or.
b. A person previously found incompetent by reason of mental
illness under subsection 2 petitions the court for a finding
that the person is no longer incompetent and, after notice to
the applicant who initiated the petition for hospitalization
of the person and to any other party as directed by the court,
an objection is filed with the court. The court may order a
hearing on its own motion before acting on a petition filed
under this paragraph. A petition by a person for a finding
that the person is no longer incompetent may be filed at any
time without regard to whether the person is at that time
hospitalized for treatment of mental illness.
Sec. 530. Section 229.41, Code 2023, is amended to read as
follows:
229.41 Voluntary admission — state mental health institute.
Persons making application pursuant to section 229.2 on
their own behalf or on behalf of another person who is under
eighteen years of age, if the person whose admission is sought
is received for observation and treatment on the application,
shall be required to pay the costs of hospitalization at rates
established by the administrator department. The costs may
be collected weekly in advance and shall be payable at to the
business office of the hospital state mental health institute.
The collections shall be remitted to the department of human
services monthly to be credited to the general fund of the
state.
-349- Sec. 531. Section 229.42, Code 2023, is amended to read as
follows:
229.42 Costs paid by county — state mental health institute.
1. If a person wishing to make application for voluntary
admission to a state mental hospital established by chapter 226
health institute is unable to pay the costs of hospitalization
or those responsible for the person are unable to pay the
costs, application for authorization of voluntary admission
must be made through a regional administrator before
application for admission is made to the hospital state mental
health institute. The person’s county of residence shall
be determined through the regional administrator and if the
admission is approved through the regional administrator, the
person’s admission to a state mental health hospital institute
shall be authorized as a voluntary case. The authorization
shall be issued on forms provided by the department of human
services’ administrator. The costs of the hospitalization
shall be paid by the county of residence through the regional
administrator to the department of human services and credited
to the general fund of the state, provided that the state
mental health hospital institute rendering the services has
certified to the county auditor of the county of residence and
the regional administrator the amount chargeable to the mental
health and disability services region and has sent a duplicate
statement of the charges to the department of human services.
A mental health and disability services region shall not be
billed for the cost of a patient unless the patient’s admission
is authorized through the regional administrator. The state
mental health institute and the regional administrator shall
work together to locate appropriate alternative placements
and services, and to educate patients and family members of
patients regarding such alternatives.
2. All the provisions of chapter 230 shall apply to such the
voluntary patients so far as is to the extent applicable.
3. The provisions of this section and of section 229.41
-350-shall apply to all voluntary inpatients or outpatients
receiving mental health services either away from or at the
institution state mental health institute.
4. If a county fails to pay the billed charges within
forty-five days from the date the county auditor received the
certification statement from the superintendent, the department
of human services shall charge the delinquent county the
penalty of one percent per month on and after forty-five days
from the date the county received the certification statement
until paid. The penalties received shall be credited to the
general fund of the state.
Sec. 532. Section 229.43, Code 2023, is amended to read as
follows:
229.43 Nonresident patients — state mental health
institutes.
The administrator department may place patients of state
mental health institutes who are nonresidents on convalescent
leave to a private sponsor or in a health care facility
licensed under chapter 135C, when in the opinion of the
administrator director the placement is in the best interests
of the patient and the state of Iowa. If the patient was
involuntarily hospitalized, the district court which ordered
hospitalization of the patient must shall be informed when the
patient is placed on convalescent leave, as required by section
229.15, subsection 5.
Sec. 533. Section 229.45, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of human services, in consultation with
the office of attorney general, shall develop a summary of
the procedures involved in an involuntary commitment and
information concerning the participation of an applicant in the
proceedings. The summary shall be provided by the department,
at the department’s expense, to the clerks of the district
court who shall make the summary available to all applicants
prior to the filing of a verified application, or to any other
-351-person upon request, and who shall attach a copy of the summary
to the notice of hearing which is served upon the respondent
under section 125.77 or 229.7. The summary may include, but is
not limited to, the following:
Sec. 534. Section 229A.2, Code 2023, is amended to read as
follows:
229A.2 Definitions.
As used in this chapter:
1. “Agency with jurisdiction” means an agency which has
custody of or releases a person serving a sentence or term
of confinement or is otherwise in confinement based upon a
lawful order or authority, and includes but is not limited to
the department of corrections, the department of health and
human services, a judicial district department of correctional
services, and the Iowa board of parole.
2. “Appropriate secure facility” means a state facility that
is designed to confine but not necessarily to treat a sexually
violent predator.
3. “Convicted” means found guilty of, pleads guilty
to, or is sentenced or adjudicated delinquent for an act
which is an indictable offense in this state or in another
jurisdiction including in a federal, military, tribal, or
foreign court, including but not limited to a juvenile who has
been adjudicated delinquent, whether or not the juvenile court
records have been sealed under section 232.150, and a person
who has received a deferred sentence or a deferred judgment
or has been acquitted by reason of insanity. “Convicted”
includes the conviction of a juvenile prosecuted as an adult.
“Convicted” also includes a conviction for an attempt or
conspiracy to commit an offense. “Convicted” does not mean a
plea, sentence, adjudication, deferred sentence, or deferred
judgment which has been reversed or otherwise set aside.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
-352-services.
4. 6. “Discharge” means an unconditional discharge from the
sexually violent predator program. A person released from a
secure facility into a transitional release program or released
with supervision is not considered to be discharged.
5. 7. “Likely to engage in predatory acts of sexual
violence” means that the person more likely than not will
engage in acts of a sexually violent nature. If a person is
not confined at the time that a petition is filed, a person is
“likely to engage in predatory acts of sexual violence” only if
the person commits a recent overt act.
6. 8. “Mental abnormality” means a congenital or acquired
condition affecting the emotional or volitional capacity of a
person and predisposing that person to commit sexually violent
offenses to a degree which would constitute a menace to the
health and safety of others.
7. 9. “Predatory” means acts directed toward a person with
whom a relationship has been established or promoted for the
primary purpose of victimization.
8. 10. “Presently confined” means incarceration or
detention in a correctional facility, a rehabilitation camp,
a residential facility, a county jail, a halfway house, or
any other comparable facility, including but not limited to
placement at such a facility as a condition of probation,
parole, or special sentence following conviction for a sexually
violent offense.
9. 11. “Recent overt act” means any act that has either
caused harm of a sexually violent nature or creates a
reasonable apprehension of such harm.
10. 12. “Safekeeper” means a person who is confined in an
appropriate secure facility pursuant to this chapter but who is
not subject to an order of commitment pursuant to this chapter.
11. 13. “Sexually motivated” means that one of the
purposes for commission of a crime is the purpose of sexual
gratification of the perpetrator of the crime.
-353- 12. 14. “Sexually violent offense” means:
a. A violation of any provision of chapter 709.
b. A violation of any of the following if the offense
involves sexual abuse, attempted sexual abuse, or intent to
commit sexual abuse:
(1) Murder as defined in section 707.1.
(2) Kidnapping as defined in section 710.1.
(3) Burglary as defined in section 713.1.
(4) Child endangerment under section 726.6, subsection 1,
paragraph “e”.
c. Sexual exploitation of a minor in violation of section
728.12.
d. Pandering involving a minor in violation of section
725.3, subsection 2.
e. An offense involving an attempt or conspiracy to commit
any offense referred to in this subsection.
f. An offense under prior law of this state or an offense
committed in another jurisdiction which would constitute an
equivalent offense under paragraphs “a” through “e”.
g. Any act which, either at the time of sentencing for the
offense or subsequently during civil commitment proceedings
pursuant to this chapter, has been determined beyond a
reasonable doubt to have been sexually motivated.
13. 15. “Sexually violent predator” means a person who has
been convicted of or charged with a sexually violent offense
and who suffers from a mental abnormality which makes the
person likely to engage in predatory acts constituting sexually
violent offenses, if not confined in a secure facility.
14. 16. “Transitional release” means a conditional release
from a secure facility operated by the department of human
services with the conditions of such release set by the court
or the department of human services.
Sec. 535. Section 229A.5C, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. A person who is subject to an order of civil commitment
-354-under this chapter shall not be released from jail or paroled
or released to a facility or program located outside the
county jail or correctional institution other than to a secure
facility operated by the department of human services.
4. A person who committed a public offense while in a
transitional release program or on release with supervision may
be returned to a secure facility operated by the department of
human services upon completion of any term of confinement that
resulted from the commission of the public offense.
Sec. 536. Section 229A.6A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. To a medical facility for medical treatment, if necessary
medical treatment is not available at the facility where the
person is confined. A transport order is not required to
transport the person for medical treatment. However, the
person is not entitled to choose the medical facility where
treatment is to be obtained or the medical personnel to provide
the treatment. Transportation of a committed person shall be
provided by the sheriff of the county in which the person is
confined if requested by the department of human services.
Sec. 537. Section 229A.7, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. If the court or jury determines that the respondent is a
sexually violent predator, the respondent shall be committed
to the custody of the director of the department of human
services for control, care, and treatment until such time as
the person’s mental abnormality has so changed that the person
is safe to be placed in a transitional release program or
discharged. The determination may be appealed.
Sec. 538. Section 229A.7, subsection 7, Code 2023, is
amended to read as follows:
7. The control, care, and treatment of a person determined
to be a sexually violent predator shall be provided at a
facility operated by the department of human services. At all
times prior to placement in a transitional release program
-355-or release with supervision, persons committed for control,
care, and treatment by the department of human services
pursuant to this chapter shall be kept in a secure facility
and those patients shall be segregated at all times from any
other patient under the supervision of the department of human
services. A person committed pursuant to this chapter to
the custody of the department of human services may be kept
in a facility or building separate from any other patient
under the supervision of the department of human services.
The department of human services may enter into a chapter
28E agreement with the department of corrections or other
appropriate agency in this state or another state for the
confinement of patients who have been determined to be sexually
violent predators. Patients who are in the custody of the
director of the department of corrections pursuant to a chapter
28E agreement and who have not been placed in a transitional
release program or released with supervision shall be housed
and managed separately from criminal offenders in the custody
of the director of the department of corrections, and except
for occasional instances of supervised incidental contact,
shall be segregated from those offenders.
Sec. 539. Section 229A.8, subsection 4, Code 2023, is
amended to read as follows:
4. Nothing contained in this chapter shall prohibit the
person from otherwise petitioning the court for discharge or
placement in a transitional release program at the annual
review. The director of human services department shall
provide the committed person with an annual written notice
of the person’s right to petition the court for discharge
or placement in a transitional release program without
authorization from the director. The notice shall contain a
waiver of rights. The director department shall forward the
notice and waiver form to the court with the annual report.
Sec. 540. Section 229A.8, subsection 5, paragraphs f and g,
Code 2023, are amended to read as follows:
-356- f. If at the time for the annual review the committed
person has filed a petition for discharge or placement in
a transitional release program with authorization from the
director of human services, the court shall set a final hearing
within ninety days of the authorization by the director, and
no annual review shall be held.
g. If the committed person has not filed a petition, or
has filed a petition for discharge or for placement in a
transitional release program without authorization from the
director of human services, the court shall first conduct the
annual review as provided in this subsection.
Sec. 541. Section 229A.8, subsection 6, paragraph e, Code
2023, is amended to read as follows:
e. If the director of human services has authorized the
committed person to petition for discharge or for placement
in a transitional release program and the case is before a
jury, testimony by a victim of a prior sexually violent offense
committed by the person is not admissible. If the director has
not authorized the petition or the case is before the court,
testimony by a victim of a sexually violent offense committed
by the person may be admitted.
Sec. 542. Section 229A.8A, subsections 1, 6, and 7, Code
2023, are amended to read as follows:
1. The department of human services is authorized to may
establish a transitional release program and provide control,
care, and treatment, and supervision of committed persons
placed in such a program.
6. The department of human services shall be responsible
for establishing and implementing the rules and directives
regarding the location of the transitional release program,
staffing needs, restrictions on confinement and the movement of
committed persons, and for assessing the progress of committed
persons in the program. The court may also impose conditions
on a committed person placed in the program.
7. The department of human services may contract with
-357-other government or private agencies, including the department
of corrections, to implement and administer the transitional
release program.
Sec. 543. Section 229A.8B, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. If a committed person absconds from a transitional
release program in violation of the rules or directives, a
presumption arises that the person poses a risk to public
safety. The department of human services, in cooperation with
local law enforcement agencies, may make a public announcement
about the absconder. The public announcement may include
a description of the committed person, that the person is
in transitional release from the sexually violent predator
program, and any other information important to public safety.
3. Upon the return of the committed person to a secure
facility, the director of human services or the director’s
designee shall notify the court that issued the ex parte order
that the absconder has been returned to a secure facility,
and the court shall set a hearing to determine if a violation
occurred. If a court order was not issued, the director or
the director’s designee shall contact the nearest district
court with jurisdiction to set a hearing to determine whether a
violation of the rules or directives occurred. The court shall
schedule a hearing after receiving notice that the committed
person has been returned from the transitional release program
to a secure facility.
Sec. 544. Section 229A.9A, subsections 2, 3, and 8, Code
2023, are amended to read as follows:
2. If release with supervision is ordered, the department
of human services shall prepare within sixty days of the order
of the court a release plan addressing the person’s needs for
counseling, medication, community support services, residential
services, vocational services, alcohol or other drug abuse
substance use disorder treatment, sex offender treatment, or
any other treatment or supervision necessary.
-358- 3. The court shall set a hearing on the release plan
prepared by the department of human services before the
committed person is released from a secure facility or a
transitional release program.
8. The court shall retain jurisdiction over the committed
person who has been released with supervision until the person
is discharged from the program. The department of human
services or a judicial district department of correctional
services shall not be held liable for any acts committed
by a committed person who has been ordered released with
supervision.
Sec. 545. Section 229A.9B, subsections 2, 3, and 5, Code
2023, are amended to read as follows:
2. If a committed person has absconded in violation of the
conditions of the person’s release plan, a presumption arises
that the person poses a risk to public safety. The department
of human services or contracting agency, in cooperation with
local law enforcement agencies, may make a public announcement
about the absconder. The public announcement may include a
description of the committed person, that the committed person
is on release with supervision from the sexually violent
predator program, and any other information pertinent to public
safety.
3. Upon the return of the committed person to a secure
facility, the director of human services or the director’s
designee shall notify the court that issued the ex parte
order that the committed person has been returned to a secure
facility, and the court shall set hearing to determine if a
violation occurred. If a court order was not issued, the
director or the director’s designee shall contact the nearest
district court with jurisdiction to set a hearing to determine
whether a violation of the conditions of the release plan
occurred. The court shall schedule a hearing after receiving
notice that the committed person has been returned to a secure
facility.
-359- 5. If the court determines a violation occurred, the court
shall receive release recommendations from the department of
human services and either order that the committed person
be returned to release with supervision or placed in a
transitional release program, or be confined in a secure
facility. The court may impose further conditions upon the
committed person if returned to release with supervision or
placed in the transitional release program. If the court
determines no violation occurred, the committed person shall be
returned to release with supervision.
Sec. 546. Section 229A.10, subsection 1, Code 2023, is
amended to read as follows:
1. If the director of human services determines that the
person’s mental abnormality has so changed that the person is
not likely to engage in predatory acts that constitute sexually
violent offenses if discharged, the director shall authorize
the person to petition the court for discharge. The petition
shall be served upon the court and the attorney general. The
court, upon receipt of the petition for discharge, shall order
a hearing within thirty days. The attorney general shall
represent the state, and shall have the right to have the
petitioner examined by an expert or professional person of
the attorney general’s choice. The hearing shall be before
a jury if demanded by either the petitioner or the attorney
general. If the attorney general objects to the petition for
discharge, the burden of proof shall be upon the attorney
general to show beyond a reasonable doubt that the petitioner’s
mental abnormality or personality disorder remains such that
the petitioner is likely to engage in predatory acts that
constitute sexually violent offenses if discharged.
Sec. 547. Section 229A.11, Code 2023, is amended to read as
follows:
229A.11 Subsequent discharge or transitional release
petitions — limitations.
Nothing in this chapter shall prohibit a person from filing
-360-a petition for discharge or placement in a transitional release
program, pursuant to this chapter. However, if a person has
previously filed a petition for discharge or for placement
in a transitional release program without the authorization
of the director of human services, and the court determines
either upon review of the petition or following a hearing that
the petition was frivolous or that the petitioner’s condition
had not so changed that the person was not likely to engage
in predatory acts constituting sexually violent offenses
if discharged, or was not suitable for placement in the
transitional release program, then the court shall summarily
deny the subsequent petition unless the petition contains facts
upon which a court could find the condition of the petitioner
had so changed that a hearing was warranted. Upon receipt of a
first or subsequent petition from a committed person without
the director’s authorization, the court shall endeavor whenever
possible to review the petition and determine if the petition
is based upon frivolous grounds. If the court determines that
a petition is frivolous, the court shall dismiss the petition
without a hearing.
Sec. 548. Section 229A.12, Code 2023, is amended to read as
follows:
229A.12 Director of human services — responsibility for
costs — reimbursement.
The director of human services shall be responsible for
all costs relating to the evaluation, treatment, and services
provided to a person that are incurred after the person is
committed to the director’s custody after the court or jury
determines that the respondent is a sexually violent predator
and pursuant to commitment under any provision of this chapter.
If placement in a transitional release program or supervision
is ordered, the director shall also be responsible for all
costs related to the transitional release program or to the
supervision and treatment of any person. Reimbursement may
be obtained by the director from the patient and any person
-361-legally liable or bound by contract for the support of the
patient for the cost of confinement or of care and treatment
provided. To the extent allowed by the United States social
security administration, any benefit payments received by the
person pursuant to the federal Social Security Act shall be
used for the costs incurred. As used in this section, “any
person legally liable” does not include a political subdivision.
Sec. 549. Section 229A.15B, Code 2023, is amended to read
as follows:
229A.15B Rulemaking authority.
The department of human services shall adopt rules pursuant
to chapter 17A necessary to administer this chapter.
Sec. 550. Section 230.1, Code 2023, is amended to read as
follows:
230.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the department
of human services assigned, in accordance with section
218.1, to control the state mental health institutes, or that
administrator’s designee.
2. 1. “Book”, “list”, “record”, or “schedule” kept by a
county auditor, assessor, treasurer, recorder, sheriff, or
other county officer means the county system as defined in
section 445.1.
3. 2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
services.
4. “Region” means a mental health and disability services
region formed in accordance with section 331.389.
5. “Regional administrator” means the same as defined in
section 331.388.
6. “State mental health institute” or “mental health
institute” means a mental health institute designated in section
-362-226.1.
Sec. 551. Section 230.1A, Code 2023, is amended to read as
follows:
230.1A Liability of county and state.
1. The necessary and legal costs and expenses attending
for the taking into custody, care, investigation, admission,
commitment, and support of a person with mental illness
admitted or committed to a state hospital mental health
institute shall be paid by the regional administrator on behalf
of the person’s county of residence or by the state as follows:
a. If the person is eighteen years of age or older, as
follows:
(1) The costs attributed to mental illness shall be paid by
the regional administrator on behalf of the person’s county of
residence.
(2) The costs attributed to a substance-related substance
use disorder shall be paid by the person’s county of residence.
(3) The costs attributable to a dual diagnosis of mental
illness and a substance-related substance use disorder may be
split divided as provided in section 226.9C.
b. By the state if such person has no residence in this
state, if the person’s residence is unknown, or if the person
is under eighteen years of age.
2. The county of residence of any person with mental
illness who is a patient of any state institution mental health
institute shall be the person’s county of residence existing at
the time of admission to the institution institute.
3. A region or county of residence is not liable for
costs and expenses associated with a person with mental
illness unless the costs and expenses are for services and
other support authorized for the person through the regional
administrator for the county.
Sec. 552. Section 230.5, Code 2023, is amended to read as
follows:
230.5 Nonresidents.
-363- If a person’s residence is determined in accordance with
section 230.2 or 230.3 to be in a foreign state or country,
or is unknown, the court or the regional administrator of the
person’s county of residence shall immediately certify the
determination to the department’s administrator department.
The certification shall be accompanied by a copy of the
evidence supporting the determination. A court order issued
pursuant to section 229.13 shall direct that the patient be
hospitalized at the appropriate state hospital for persons with
mental illness health institute.
Sec. 553. Section 230.6, Code 2023, is amended to read as
follows:
230.6 Investigation by administrator department.
The administrator department shall immediately investigate
the residency of a patient and proceed as follows:
1. If the administrator department concurs with a certified
determination of residency concerning the patient, the
administrator department shall cause the patient either to
be transferred to a state hospital for persons with mental
illness health institute at the expense of the state, or to be
transferred, with approval of the court as required by chapter
229, to the place of foreign residence.
2. If the administrator department disputes a certified
legal residency determination, the administrator department
shall order the patient to be maintained at a state hospital
for persons with mental illness health institute at the expense
of the state until the dispute is resolved.
3. If the administrator department disputes a residency
determination, the administrator department shall utilize the
procedure provided in section 331.394 to resolve the dispute.
A determination of the person’s residency status made pursuant
to section 331.394 is conclusive.
Sec. 554. Section 230.7, Code 2023, is amended to read as
follows:
230.7 Transfer of nonresidents.
-364- Upon determining that a patient in a state hospital mental
health institute who has been involuntarily hospitalized under
chapter 229 or admitted voluntarily at public expense was
not a resident of this state at the time of the involuntary
hospitalization or admission, the administrator director or
director’s designee may cause that the patient to be conveyed
to the patient’s place of residence. However, a transfer
under this section may be made only if the patient’s condition
so permits and other reasons do not render the transfer
inadvisable. If the patient was involuntarily hospitalized,
prior approval of the transfer must shall be obtained from the
court which ordered the patient hospitalized.
Sec. 555. Section 230.8, Code 2023, is amended to read as
follows:
230.8 Transfers of persons with mental illness — expenses.
The transfer to any state hospitals mental health institute
or to the places of their residence of persons with mental
illness who have no residence in this state or whose residence
is unknown, shall be made according to the directions of the
administrator department, and when practicable by employees
of the state hospitals mental health institutes. The actual
and necessary expenses of such transfers shall be paid by the
department on itemized vouchers sworn to by the claimants and
approved by the administrator director.
Sec. 556. Section 230.9, Code 2023, is amended to read as
follows:
230.9 Subsequent discovery of residence.
If, after a person has been received by a state hospital for
persons with mental illness health institute whose residence is
supposed to be outside this state, the administrator department
determines that the residence of the person was, at the time
of admission or commitment, in a county of this state, the
administrator department shall certify the determination
and charge all legal costs and expenses pertaining to the
admission or commitment and support of the person to the
-365-regional administrator of the person’s county of residence.
The certification shall be sent to the regional administrator
of the person’s county of residence. The certification
shall be accompanied by a copy of the evidence supporting the
determination. The costs and expenses shall be collected as
provided by law in other cases. If the person’s residency
status has been determined in accordance with section 331.394,
the legal costs and expenses shall be charged in accordance
with that determination.
Sec. 557. Section 230.10, Code 2023, is amended to read as
follows:
230.10 Payment of costs.
All legal costs and expenses attending for the taking into
custody, care, investigation, and admission or commitment of
a person to a state hospital for persons with mental illness
health institute under a finding that the person has residency
in another county of this state shall be charged against the
regional administrator of the person’s county of residence.
Sec. 558. Section 230.11, Code 2023, is amended to read as
follows:
230.11 Recovery of costs from state.
Costs and expenses attending for the taking into custody,
care, and investigation of a person who has been admitted
or committed to a state hospital mental health institute,
United States department of veterans affairs hospital, or
other agency of the United States government, for persons with
mental illness and who has no residence in this state or whose
residence is unknown, including cost of commitment, if any,
shall be paid as approved by the administrator department. The
amount of the costs and expenses approved by the administrator
department is appropriated to the department from any moneys in
the state treasury not otherwise appropriated. Payment shall
be made by the department on itemized vouchers executed by the
regional administrator of the person’s county which has paid
them, and approved by the administrator department.
-366- Sec. 559. Section 230.12, Code 2023, is amended to read as
follows:
230.12 Residency disputes.
If a dispute arises between different counties or between
the administrator department and a regional administrator for a
county as to the residence of a person admitted or committed
to a state hospital for persons with mental illness health
institute, the dispute shall be resolved as provided in section
331.394.
Sec. 560. Section 230.15, Code 2023, is amended to read as
follows:
230.15 Personal liability.
1. A person with mental illness and a person legally liable
for the person’s support remain liable for the support of
the person with mental illness as provided in this section.
Persons legally liable for the support of a person with mental
illness include the spouse of the person, and any person
bound by contract for support of the person. The regional
administrator of the person’s county of residence, subject to
the direction of the region’s governing board, shall enforce
the obligation created in this section as to all sums advanced
by the regional administrator. The liability to the regional
administrator incurred by a person with mental illness or a
person legally liable for the person’s support under this
section is limited to an amount equal to one hundred percent
of the cost of care and treatment of the person with mental
illness at a state mental health institute for one hundred
twenty days of hospitalization. This limit of liability may
be reached by payment of the cost of care and treatment of the
person with mental illness subsequent to a single admission
or multiple admissions to a state mental health institute
or, if the person is not discharged as cured, subsequent to
a single transfer or multiple transfers to a county care
facility pursuant to section 227.11. After reaching this
limit of liability, a person with mental illness or a person
-367-legally liable for the person’s support is liable to the
regional administrator for the care and treatment of the person
with mental illness at a state mental health institute or,
if transferred but not discharged as cured, at a county care
facility in an amount not in excess of the average minimum
cost of the maintenance of an individual who is physically and
mentally healthy residing in the individual’s own home, which
standard shall be established and may from time to time be
revised by the department of human services. A lien imposed
by section 230.25 shall not exceed the amount of the liability
which may be incurred under this section on account of a person
with mental illness.
2. A person with a substance-related substance use
disorder is legally liable for the total amount of the cost of
providing care, maintenance, and treatment for the person with
a substance-related substance use disorder while a voluntary
or committed patient. When a portion of the cost is paid
by a county, the person with a substance-related substance
use disorder is legally liable to the county for the amount
paid. The person with a substance-related substance use
disorder shall assign any claim for reimbursement under any
contract of indemnity, by insurance or otherwise, providing
for the person’s care, maintenance, and treatment in a state
hospital mental health institute to the state. Any payments
received by the state from or on behalf of a person with a
substance-related substance use disorder shall be in part
credited to the county in proportion to the share of the costs
paid by the county.
3. Nothing in this section shall be construed to prevent
a relative or other person from voluntarily paying the full
actual cost or any portion of the care and treatment of any
person with mental illness or a substance-related substance use
disorder as established by the department of human services.
Sec. 561. Section 230.18, Code 2023, is amended to read as
follows:
-368- 230.18 Expense in county or private hospitals facility.
The estates of persons with mental illness who may be
treated or confined in any county hospital or home, or in any
private hospital or sanatorium facility, and the estates of
persons legally bound for their support, shall be liable to the
regional administrator of the person’s county of residence for
the reasonable cost of such support.
Sec. 562. Section 230.19, Code 2023, is amended to read as
follows:
230.19 Nonresidents liable to state — presumption.
The estates of all nonresident patients provided for and
treated in state hospitals for persons with mental illness
health institutes in this state, and all persons legally bound
for the support of such patients, shall be liable to the
state for the reasonable value of the care, maintenance, and
treatment of such patients while in such hospitals institutes.
The certificate of the superintendent of the state hospital
mental health institute in which any nonresident is or has been
a patient, showing the amounts drawn from the state treasury or
due therefrom as provided by law on account of such nonresident
patient, shall be presumptive evidence of the reasonable value
of the care, maintenance, and treatment furnished such patient.
Sec. 563. Section 230.20, subsection 1, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The costs of food, lodging, and other maintenance
provided to persons not patients of the hospital state mental
health institute.
Sec. 564. Section 230.20, subsection 7, Code 2023, is
amended to read as follows:
7. A superintendent of a mental health institute may request
that the director of human services enter into a contract
with a person for the mental health institute to provide
consultation or treatment services or for fulfilling other
purposes which are consistent with the purposes stated in
section 226.1. The contract provisions shall include charges
-369-which reflect the actual cost of providing the services or
fulfilling the other purposes. Any income from a contract
authorized under this subsection may be retained by the
mental health institute to defray the costs of providing the
services. Except for a contract voluntarily entered into by a
county under this subsection, the costs or income associated
with a contract authorized under this subsection shall not
be considered in computing charges and per diem costs in
accordance with the provisions of subsections 1 through 6.
Sec. 565. Section 230.26, Code 2023, is amended to read as
follows:
230.26 Regional administrator to keep record.
The regional administrator shall keep an accurate account
of the cost of the maintenance of any patient kept in any
institution facility as provided for in this chapter and keep
an index of the names of the persons admitted or committed from
each county in the region. The name of the spouse of the person
admitted or committed shall also be indexed in the same manner
as the names of the persons admitted or committed are indexed.
The book shall be designated as an account book or index, and
shall have no reference in any place to a lien.
Sec. 566. Section 230.31, Code 2023, is amended to read as
follows:
230.31 Departers from other states.
If a person with mental illness departs without proper
authority from an institution a facility in another state and
is found in this state, a peace officer in the county in which
the patient is found may take and detain the patient without
order and shall report the detention to the administrator
department who shall provide for the return of the patient
to the authorities of the state where the unauthorized leave
was made. Pending such return, the patient may be detained
temporarily at one of the institutions of this state under the
control of the administrator or any other administrator of the
department of human services. Expenses incurred under this
-370-section shall be paid in the same manner as is provided for
transfers in section 230.8.
Sec. 567. Section 230.32, Code 2023, is amended to read as
follows:
230.32 Support of nonresident patients on leave.
The cost of support of patients without residence in this
state, who are placed on convalescent leave or removed from
a state mental health institute to any health care facility
licensed under chapter 135C for rehabilitation purposes,
shall be paid from the hospital state mental health institute
support fund and shall be charged on abstract in the same
manner as state inpatients, until such time as the patient
becomes self-supporting or qualifies for support under existing
statutes.
Sec. 568. Section 230.33, Code 2023, is amended to read as
follows:
230.33 Reciprocal agreements.
1. The administrator department may enter into agreements
with other states, through their duly constituted authorities,
to effect the reciprocal return of persons with mental illness
and persons with an intellectual disability to the contracting
states, and to effect the reciprocal supervision of persons on
convalescent leave.
2. However, in the case of a proposed transfer of a person
with mental illness or an intellectual disability from this
state, final action shall not be taken without the approval of
the district court of the county of admission or commitment.
Sec. 569. Section 230A.101, Code 2023, is amended to read
as follows:
230A.101 Services system roles.
1. The role of the department of human services, through
the division of the department designated as the state
mental health authority with responsibility for state policy
concerning mental health and disability services, is to develop
and maintain policies for the mental health and disability
-371-services system. The policies shall address the service needs
of individuals of all ages with disabilities in this state,
regardless of the individuals’ places of residence or economic
circumstances, and shall be consistent with the requirements of
chapter 225C and other applicable law.
2. The role of community mental health centers in the
mental health and disability services system is to provide
an organized set of services in order to adequately meet the
mental health needs of this state’s citizens based on organized
catchment areas.
Sec. 570. Section 230A.102, Code 2023, is amended to read
as follows:
230A.102 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator”, “commission” “Commission”, “department”,
“director”, and “disability services”, and “division” mean the
same as defined in section 225C.2.
2. “Catchment area” means a community mental health center
catchment area identified in accordance with this chapter.
3. “Community mental health center” or “center” means a
community mental health center designated in accordance with
this chapter.
Sec. 571. Section 230A.103, Code 2023, is amended to read
as follows:
230A.103 Designation of community mental health centers.
1. The division department, subject to agreement by any
community mental health center that would provide services
for the catchment area and approval by the commission,
shall designate at least one community mental health center
under this chapter for addressing the mental health needs of
the county or counties comprising the catchment area. The
designation process shall provide for the input of potential
service providers regarding designation of the initial
catchment area or a change in the designation.
-372- 2. The division department shall utilize objective criteria
for designating a community mental health center to serve a
catchment area and for withdrawing such designation. The
commission shall adopt rules outlining the criteria. The
criteria shall include but are not limited to provisions for
meeting all of the following requirements:
a. An appropriate means shall be used for determining which
prospective designee is best able to serve all ages of the
targeted population within the catchment area with minimal or
no service denials.
b. An effective means shall be used for determining the
relative ability of a prospective designee to appropriately
provide mental health services and other support to consumers
residing within a catchment area as well as consumers residing
outside the catchment area. The criteria shall address the
duty for a prospective designee to arrange placements outside
the catchment area when such placements best meet consumer
needs and to provide services within the catchment area to
consumers who reside outside the catchment area when the
services are necessary and appropriate.
3. The board of directors for a designated community mental
health center shall enter into an agreement with the division
department. The terms of the agreement shall include but are
not limited to all of the following:
a. The period of time the agreement will be in force.
b. The services and other support the center will offer or
provide for the residents of the catchment area.
c. The standards to be followed by the center in determining
whether and to what extent the persons seeking services from
the center shall be considered to be able to pay the costs of
the services.
d. The policies regarding availability of the services
offered by the center to the residents of the catchment area as
well as consumers residing outside the catchment area.
e. The requirements for preparation and submission to the
-373-division department of annual audits, cost reports, program
reports, performance measures, and other financial and service
accountability information.
4. This section does not limit the authority of the board or
the boards of supervisors of any county or group of counties to
continue to expend money to support operation of a center.
Sec. 572. Section 230A.104, Code 2023, is amended to read
as follows:
230A.104 Catchment areas.
1. The division department shall collaborate with affected
counties in identifying community mental health center
catchment areas in accordance with this section.
2. a. Unless the division department has determined that
exceptional circumstances exist, a catchment area shall be
served by one community mental health center. The purpose of
this general limitation is to clearly designate the center
responsible and accountable for providing core mental health
services to the target population in the catchment area and to
protect the financial viability of the centers comprising the
mental health services system in the state.
b. A formal review process shall be used in determining
whether exceptional circumstances exist that justify
designating more than one center to serve a catchment area.
The criteria for the review process shall include but are not
limited to a means of determining whether the catchment area
can support more than one center.
c. Criteria shall be provided that would allow the
designation of more than one center for all or a portion of a
catchment area if designation or approval for more than one
center was provided by the division department as of October 1,
2010. The criteria shall require a determination that all such
centers would be financially viable if designation is provided
for all.
Sec. 573. Section 230A.105, subsection 1, paragraph e, Code
2023, is amended to read as follows:
-374- e. Individuals described in paragraph “a”, “b”, “c”, or “d”
who have a co-occurring disorder, including but not limited
to substance abuse use disorder, intellectual disability,
a developmental disability, brain injury, autism spectrum
disorder, or another disability or special health care need.
Sec. 574. Section 230A.108, Code 2023, is amended to read
as follows:
230A.108 Administrative, diagnostic, and demographic
information.
Release of administrative and diagnostic information, as
defined in section 228.1, and demographic information necessary
for aggregated reporting to meet the data requirements
established by the division department, relating to an
individual who receives services from a community mental health
center, may be made a condition of support of that center by
the division department.
Sec. 575. Section 230A.110, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The division department shall recommend and the
commission shall adopt standards for designated community
mental health centers and comprehensive community mental health
programs, with the overall objective of ensuring that each
center and each affiliate providing services under contract
with a center furnishes high-quality mental health services
within a framework of accountability to the community it
serves. The standards adopted shall conform with federal
standards applicable to community mental health centers
and shall be in substantial conformity with the applicable
behavioral health standards adopted by the joint commission,
formerly known as the joint commission on accreditation
of health care organizations, or other recognized national
standards for evaluation of psychiatric facilities unless in
the judgment of the division department, with approval of the
commission, there are sound reasons for departing from the
standards.
-375- 2. When recommending standards under this section, the
division department shall designate an advisory committee
representing boards of directors and professional staff
of designated community mental health centers to assist in
the formulation or revision of standards. The membership
of the advisory committee shall include representatives of
professional and nonprofessional staff and other appropriate
individuals.
Sec. 576. Section 230A.110, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. Arrange for the financial condition and transactions
of the community mental health center to be audited once
each year by the auditor of state. However, in lieu of an
audit by the auditor of state, the local governing body of a
community mental health center organized under this chapter
may contract with or employ certified public accountants
to conduct the audit, pursuant to the applicable terms and
conditions prescribed by sections 11.6 and 11.19 and audit
format prescribed by the auditor of state. Copies of each
audit shall be furnished by the auditor or accountant to the
administrator of the division of mental health and disability
services department.
Sec. 577. Section 230A.111, Code 2023, is amended to read
as follows:
230A.111 Review and evaluation.
1. The review and evaluation of designated centers shall
be performed through a formal accreditation review process as
recommended by the division department and approved by the
commission. The accreditation process shall include all of the
following:
a. Specific time intervals for full accreditation reviews
based upon levels of accreditation.
b. Use of random or complaint-specific, on-site limited
accreditation reviews in the interim between full accreditation
reviews, as a quality review approach. The results of such
-376-reviews shall be presented to the commission.
c. Use of center accreditation self-assessment tools to
gather data regarding quality of care and outcomes, whether
used during full or limited reviews or at other times.
2. The accreditation process shall include but is not
limited to addressing all of the following:
a. Measures to address centers that do not meet standards,
including authority to revoke accreditation.
b. Measures to address noncompliant centers that do not
develop a corrective action plan or fail to implement steps
included in a corrective action plan accepted by the division
department.
c. Measures to appropriately recognize centers that
successfully complete a corrective action plan.
d. Criteria to determine when a center’s accreditation
should be denied, revoked, suspended, or made provisional.
Sec. 578. Section 231.4, subsection 1, paragraphs e and f,
Code 2023, are amended to read as follows:
e. “Department” means the department on aging of health and
human services.
f. “Director” means the director of the department on aging
health and human services.
Sec. 579. Section 231.21, Code 2023, is amended to read as
follows:
231.21 Department on aging Administration of chapter —
department of health and human services.
An Iowa The department on aging is established which of
health and human services shall administer this chapter
under the policy direction of the commission on aging. The
department on aging shall be administered by a director.
Sec. 580. Section 231.23, Code 2023, is amended to read as
follows:
231.23 Department on aging — duties and authority.
The department on aging director shall:
1. Develop and administer a state plan on aging.
-377- 2. Assist the commission in the review and approval of area
plans.
3. Pursuant to commission policy, coordinate state
activities related to the purposes of this chapter and all
other chapters under the department’s jurisdiction.
4. Advocate for older individuals by reviewing and
commenting upon all state plans, budgets, laws, rules,
regulations, and policies which affect older individuals and
by providing technical assistance to any agency, organization,
association, or individual representing the needs of older
individuals.
5. Assist the commission in dividing the state into distinct
planning and service areas.
6. Assist the commission in designating for each area a
public or private nonprofit agency or organization as the area
agency on aging for that area.
7. Pursuant to commission policy, take into account the
views of older Iowans.
8. Assist the commission in adopting a method for the
distribution of funds available from the federal Act and state
appropriations and allocations.
9. Assist the commission in assuring that preference will
be given to providing services to older individuals with the
greatest economic or social needs, with particular attention to
low-income minority older individuals, older individuals with
limited English proficiency, and older individuals residing in
rural areas.
10. Assist the commission in developing, adopting, and
enforcing administrative rules, by issuing necessary forms and
procedures.
11. Apply for, receive, and administer grants, devises,
donations, gifts, or bequests of real or personal property from
any source to conduct projects consistent with the purposes of
the department. Notwithstanding section 8.33, moneys received
by the department pursuant to this section are not subject to
-378-reversion to the general fund of the state.
12. Administer state authorized programs.
13. Establish a procedure for an area agency on aging to
use in selection of members of the agency’s board of directors.
The selection procedure shall be incorporated into the bylaws
of the board of directors.
Sec. 581. Section 231.23A, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department on aging shall provide or administer, but is
not limited to providing or administering, all of the following
programs and services:
Sec. 582. Section 231.31, Code 2023, is amended to read as
follows:
231.31 State plan on aging.
The department on aging shall develop, and submit to the
commission on aging for approval, a multiyear state plan on
aging. The state plan on aging shall meet all applicable
federal requirements.
Sec. 583. Section 231.32, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. Any public or nonprofit private agency in a planning
and service area or any separate organizational unit within
such agency which is under the supervision or direction for
this purpose of the department on aging and which can and will
engage only in the planning or provision of a broad range of
long-term living and community support services or nutrition
services within the planning and service area.
Sec. 584. Section 231.42, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. If abuse, neglect, or exploitation of a resident or
tenant is suspected, the state or a local long-term care
ombudsman shall, with the permission of the resident or tenant
as applicable under federal law, make an immediate referral
to the department of inspections and appeals, the department
of health and human services, the department on aging, or the
-379-appropriate law enforcement agency, as applicable.
Sec. 585. Section 231.58, Code 2023, is amended to read as
follows:
231.58 Long-term living coordination.
The director may convene meetings, as necessary, of the
director and the directors of human services, public health,
and director of inspections and appeals, to assist in the
coordination of policy, service delivery, and long-range
planning relating to the long-term living system and older
Iowans in the state. The group may consult with individuals,
institutions and entities with expertise in the area of the
long-term living system and older Iowans, as necessary, to
facilitate the group’s efforts.
Sec. 586. Section 231C.5, subsection 2, paragraph b,
subparagraph (2), subparagraph division (c), Code 2023, is
amended to read as follows:
(c) Contact information for the department of health and
human services and the senior health insurance information
program to assist tenants in accessing third-party payment
sources.
Sec. 587. Section 231C.5A, Code 2023, is amended to read as
follows:
231C.5A Assessment of tenants — program eligibility.
An assisted living program receiving reimbursement through
the medical assistance program under chapter 249A shall
assist the department of veterans affairs in identifying, upon
admission of a tenant, the tenant’s eligibility for benefits
through the United States department of veterans affairs. The
assisted living program shall also assist the commission of
veterans affairs in determining such eligibility for tenants
residing in the program on July 1, 2009. The department of
inspections and appeals, in cooperation with the department of
health and human services, shall adopt rules to administer this
section, including a provision that ensures that if a tenant is
eligible for benefits through the United States department of
-380-veterans affairs or other third-party payor, the payor of last
resort for reimbursement to the assisted living program is the
medical assistance program. The rules shall also require the
assisted living program to request information from a tenant or
tenant’s personal representative regarding the tenant’s veteran
status and to report to the department of veterans affairs
only the names of tenants identified as potential veterans
along with the names of their spouses and any dependents.
Information reported by the assisted living program shall be
verified by the department of veterans affairs.
Sec. 588. Section 231E.3, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. “Department” means the department on aging established in
section 231.21 of health and human services.
6. “Director” means the director of the department on aging
health and human services.
Sec. 589. Section 231E.4, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Work with the department of human services, the
Iowa department of public health, the Iowa developmental
disabilities council, and other agencies to establish
a referral system for the provision of guardianship,
conservatorship, and representative payee services.
Sec. 590. Section 232.2, subsections 14 and 18, Code 2023,
are amended to read as follows:
14. “Department” means the department of health and human
services and includes the local, and county, and service area
officers of the department.
18. “Director” means the director of the department of
health and human services or that person’s the director’s
designee.
Sec. 591. Section 232.11, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. If the child is not represented by counsel as required
under subsection 1, counsel shall be provided as follows:
-381- a. If the court determines, after giving the child’s parent,
guardian, or custodian an opportunity to be heard, that such
person has the ability in whole or in part to pay for the
employment of counsel, it shall either order that person to
retain an attorney to represent the child or shall appoint
counsel for the child and order the parent, guardian, or
custodian to pay for that counsel as provided in subsection 5.
b. If the court determines that the parent, guardian,
or custodian cannot pay any part of the expenses of counsel
to represent the child, it shall appoint counsel, who shall
be reimbursed according to section 232.141, subsection 2,
paragraph “b”.
c. The court may appoint counsel to represent the child
and reserve the determination of payment until the parent,
guardian, or custodian has an opportunity to be heard.
4. If the child is represented by counsel and the court
determines that there is a conflict of interest between the
child and the child’s parent, guardian, or custodian and that
the retained counsel could not properly represent the child as
a result of the conflict, the court shall appoint other counsel
to represent the child and order the parent, guardian, or
custodian to pay for such counsel as provided in subsection 5.
5. If the court determines, after an inquiry which includes
notice and reasonable opportunity to be heard that the parent,
guardian, or custodian has the ability to pay in whole or
in part for the attorney appointed for the child, the court
may order that person to pay such sums as the court finds
appropriate in the manner and to whom the court directs. If
the person so ordered fails to comply with the order without
good reason, the court shall enter judgment against the person.
Sec. 592. Section 232.21, subsection 2, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) An institution or other facility operated by the
department of human services, or one which is licensed or
otherwise authorized by law to receive and provide care for the
-382-child.
Sec. 593. Section 232.22, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. The court determines that an acceptable alternative
placement does not exist pursuant to criteria developed by the
department of human services.
Sec. 594. Section 232.28, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. In the course of a preliminary inquiry, the intake
officer may:
a. Interview the complainant, victim, or witnesses of the
alleged delinquent act.
b. Check existing records of the court, law enforcement
agencies, public records of other agencies, and child abuse
records as provided in section 235A.15, subsection 2, paragraph
“e”.
c. Hold conferences with the child and the child’s parent or
parents, guardian, or custodian for the purpose of interviewing
them and discussing the disposition of the complaint in
accordance with the requirements set forth in subsection 8.
d. Examine any physical evidence pertinent to the complaint.
e. Interview such persons as are necessary to determine
whether the filing of a petition would be in the best interests
of the child and the community as provided in section 232.35,
subsections 2 and 3.
4. Any additional inquiries may be made only with the
consent of the child and the child’s parent or parents,
guardian, or custodian.
5. Participation of the child and the child’s parent or
parents, guardian, or custodian in a conference with an intake
officer shall be voluntary, and they shall have the right to
refuse to participate in such conference. At such conference
the child shall have the right to the assistance of counsel in
accordance with section 232.11 and the right to remain silent
when questioned by the intake officer.
-383- Sec. 595. Section 232.29, subsection 1, paragraphs b, d, and
g, Code 2023, are amended to read as follows:
b. The intake officer shall advise the child and the child’s
parent, guardian, or custodian that they have the right to
refuse an informal adjustment of the complaint and demand the
filing of a petition and a formal adjudication.
d. The terms of such agreement shall be clearly stated in
writing and signed by all parties to the agreement and a copy
of this agreement shall be given to the child; the counsel for
the child; the parent, guardian, or custodian; and the intake
officer, who shall retain the copy in the case file.
g. The child and the child’s parent, guardian, or custodian
shall have the right to terminate such agreement at any
time and to request the filing of a petition and a formal
adjudication.
Sec. 596. Section 232.38, Code 2023, is amended to read as
follows:
232.38 Presence of parents at hearings.
1. Any hearings or proceedings under this subchapter
subsequent to the filing of a petition shall not take place
without the presence of one or both of the child’s parents,
guardian, or custodian except that a hearing or proceeding may
take place without such presence if the parent, guardian, or
custodian fails to appear after reasonable notification, or if
the court finds that a reasonably diligent effort has been made
to notify the child’s parent, guardian, or custodian, and the
effort was unavailing.
2. In any such hearings or proceedings the court may
temporarily excuse the presence of the parent, guardian, or
custodian when the court deems it in the best interests of the
child. Counsel for the parent, guardian, or custodian shall
have the right to participate in a hearing or proceeding during
the absence of the parent, guardian, or custodian.
Sec. 597. Section 232.43, subsection 2, Code 2023, is
amended to read as follows:
-384- 2. The county attorney and the child’s counsel may mutually
consider a plea agreement which contemplates entry of a plea
admitting the allegations of the petition in the expectation
that other charges will be dismissed or not filed or that a
specific disposition will be recommended by the county attorney
and granted by the court. Any plea discussion shall be open to
the child and the child’s parent, guardian, or custodian.
Sec. 598. Section 232.44, subsection 5, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Place the child in the custody of a parent, guardian,
or custodian under that person’s supervision, or under the
supervision of an organization which agrees to supervise the
child.
Sec. 599. Section 232.44, subsection 7, Code 2023, is
amended to read as follows:
7. If a child held in shelter care or detention by court
order has not been released after a detention hearing or has
not appeared at an adjudicatory hearing before the expiration
of the order of detention, an additional hearing shall
automatically be scheduled for the next court day following the
expiration of the order. The child, the child’s counsel, the
child’s guardian ad litem, and the child’s parent, guardian,
or custodian shall be notified of this hearing not less than
twenty-four hours before the hearing is scheduled to take
place. The hearing required by this subsection may be held by
telephone conference call.
Sec. 600. Section 232.46, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. A child’s need for shelter placement or for inpatient
mental health or substance abuse use disorder treatment does
not preclude entry or continued execution of a consent decree.
Sec. 601. Section 232.46, subsection 3, Code 2023, is
amended to read as follows:
3. A consent decree shall not be entered unless the child
and the child’s parent, guardian, or custodian is informed
-385-of the consequences of the decree by the court and the court
determines that the child has voluntarily and intelligently
agreed to the terms and conditions of the decree. If the
county attorney objects to the entry of a consent decree,
the court shall proceed to determine the appropriateness of
entering a consent decree after consideration of any objections
or reasons for entering such a decree.
Sec. 602. Section 232.52, subsection 2, paragraph d,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The department of human services for purposes of
foster care and prescribing the type of placement which will
serve the best interests of the child and the means by which
the placement shall be monitored by the court. The court
shall consider ordering placement in family foster care as an
alternative to group foster care.
Sec. 603. Section 232.52, subsection 2, paragraph e,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
An order transferring the custody of the child, subject to
the continuing jurisdiction and custody of the court for the
purposes of section 232.54, to the director of the department
of human services for purposes of placement in the state
training school or other facility, provided that the child is
at least twelve years of age and the court finds the placement
to be in the best interests of the child or necessary for the
protection of the public, and that the child has been found to
have committed an act which is a forcible felony, as defined
in section 702.11, or a felony violation of section 124.401
or chapter 707, or the court finds any three of the following
conditions exist:
Sec. 604. Section 232.52, subsections 6, 8, and 9, Code
2023, are amended to read as follows:
6. If the court orders the transfer of custody of the
child to the department of human services or other agency
for placement, the department or agency responsible for the
-386-placement of the child shall submit a case permanency plan to
the court and shall make every effort to return the child to
the child’s home as quickly as possible.
8. If the court orders the transfer of the custody of the
child to the department of human services or to another agency
for placement in group foster care, the department or agency
shall make every reasonable effort to place the child in the
least restrictive, most family-like, and most appropriate
setting available and in close proximity to the parents’ home,
consistent with the child’s best interests and special needs,
and shall consider the placement’s proximity to the school in
which the child is enrolled at the time of placement.
9. If a child has previously been adjudicated as a child
in need of assistance, and a social worker or other caseworker
from the department of human services has been assigned to work
on the child’s case, the court may order the department of
human services to assign the same social worker or caseworker
to work on any matters related to the child arising under this
subchapter.
Sec. 605. Section 232.52, subsection 10, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Upon receipt of an application from the director of the
department of human services, the court shall enter an order
to temporarily transfer a child who has been placed in the
state training school pursuant to subsection 2, paragraph “e”,
to a facility which has been designated to be an alternative
placement site for the state training school, provided the
court finds that all of the following conditions exist:
Sec. 606. Section 232.68, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the state department of health and
human services and includes the local, and county, and service
area offices of the department.
Sec. 607. Section 232.69, subsection 1, paragraph b,
-387-subparagraphs (6) and (7), Code 2023, are amended to read as
follows:
(6) An employee or operator of a substance abuse use
disorder program or facility licensed under chapter 125.
(7) An employee of a department of human services
institution listed in section 218.1.
Sec. 608. Section 232.70, subsections 3, 5, and 6, Code
2023, are amended to read as follows:
3. The oral report shall be made by telephone or otherwise
to the department of human services. If the person making the
report has reason to believe that immediate protection for the
child is advisable, that person shall also make an oral report
to an appropriate law enforcement agency.
5. The oral and written reports shall contain the following
information, or as much thereof of the following information as
the person making the report is able to furnish:
a. The names and home address of the child and the child’s
parents or other persons believed to be responsible for the
child’s care;.
b. The child’s present whereabouts if not the same as the
parent’s or other person’s home address;.
c. The child’s age;.
d. The nature and extent of the child’s injuries, including
any evidence of previous injuries;.
e. The name, age and condition of other children in the same
home;.
f. Any other information which the person making the report
believes might be helpful in establishing the cause of the
injury to the child, the identity of the person or persons
responsible for the injury, or in providing assistance to the
child; and.
g. The name and address of the person making the report.
6. A report made by a permissive reporter, as defined in
section 232.69, subsection 2, shall be regarded as a report
pursuant to this chapter whether or not the report contains
-388-all of the information required by this section and may be
made to the department of human services, county attorney, or
law enforcement agency. If the report is made to any agency
other than the department of human services, such agency shall
promptly refer the report to the department of human services.
Sec. 609. Section 232.72, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. For the purposes of this subchapter, the terms
“department of health and human services”, “department”, or
“county attorney” ordinarily refer to the service area or local
office of the department of human services or of the county
attorney’s office serving the county in which the child’s home
is located.
2. If the person making a report of child abuse pursuant to
this chapter does not know where the child’s home is located,
or if the child’s home is not located in the service area where
the health practitioner examines, attends, or treats the child,
the report may be made to the department or to the local office
serving the county where the person making the report resides
or the county where the health practitioner examines, attends,
or treats the child. These agencies shall promptly proceed as
provided in section 232.71B, unless the matter is transferred
as provided in this section.
Sec. 610. Section 232.75, subsection 3, Code 2023, is
amended to read as follows:
3. A person who reports or causes to be reported to the
department of human services false information regarding an
alleged act of child abuse, knowing that the information
is false or that the act did not occur, commits a simple
misdemeanor.
Sec. 611. Section 232.78, subsection 4, Code 2023, is
amended to read as follows:
4. The juvenile court may enter an order authorizing
a physician or physician assistant or hospital to provide
emergency medical or surgical procedures before the filing of
-389-a petition under this chapter provided all of the following
conditions are met:
a. Such procedures are necessary to safeguard the life and
health of the child; and.
b. There is not enough time to file a petition under this
chapter and hold a hearing as provided in section 232.95.
Sec. 612. Section 232.79, subsection 4, paragraphs a and b,
Code 2023, are amended to read as follows:
a. When the court is informed that there has been an
emergency removal or keeping of a child without a court order,
the court shall direct the department of human services or
the juvenile probation department to make every reasonable
effort to communicate immediately with the child’s parent or
parents or other person legally responsible for the child’s
care. Upon locating the child’s parent or parents or other
person legally responsible for the child’s care, the department
of human services or the juvenile probation department shall,
in accordance with court-established procedures, immediately
orally inform the court. After orally informing the court,
the department of human services or the juvenile probation
department shall provide to the court written documentation of
the oral information.
b. The court shall authorize the department of human
services or the juvenile probation department to cause a
child thus removed or kept to be returned if it concludes
there is not an imminent risk to the child’s life and health
in so doing. If the department of human services or the
juvenile probation department receives information which could
affect the court’s decision regarding the child’s return,
the department of human services or the juvenile probation
department, in accordance with court established procedures,
shall immediately orally provide the information to the
court. After orally providing the information to the court,
the department of human services or the juvenile probation
department shall provide to the court written documentation
-390-of the oral information. If the child is not returned,
the department of human services or the juvenile probation
department shall forthwith cause a petition to be filed within
three days after the removal.
Sec. 613. Section 232.81, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of a complaint, the court may request the
department of human services, juvenile probation office, or
other authorized agency or individual to conduct a preliminary
investigation of the complaint to determine if further action
should be taken.
Sec. 614. Section 232.82, subsection 2, Code 2023, is
amended to read as follows:
2. If an order is entered under subsection 1 and a petition
has not yet been filed under this chapter, the petition shall
be filed under section 232.87 by the county attorney, the
department of human services, or a juvenile court officer
within three days of the entering of the order.
Sec. 615. Section 232.87, subsection 2, Code 2023, is
amended to read as follows:
2. A petition may be filed by the department of human
services, juvenile court officer, or county attorney.
Sec. 616. Section 232.89, subsection 3, Code 2023, is
amended to read as follows:
3. The court shall determine, after giving the parent,
guardian, or custodian an opportunity to be heard, whether
the person has the ability to pay in whole or in part for
counsel appointed for the child. If the court determines
that the person possesses sufficient financial ability,
the court shall then consult with the department of human
services, the juvenile probation office, or other authorized
agency or individual regarding the likelihood of impairment
of the relationship between the child and the child’s parent,
guardian, or custodian as a result of ordering the parent,
guardian, or custodian to pay for the child’s counsel. If
-391-impairment is deemed unlikely, the court shall order that
person to pay an amount the court finds appropriate in the
manner and to whom the court directs. If the person fails to
comply with the order without good reason, the court shall
enter judgment against the person. If impairment is deemed
likely or if the court determines that the parent, guardian,
or custodian cannot pay any part of the expenses of counsel
appointed to represent the child, counsel shall be reimbursed
pursuant to section 232.141, subsection 2, paragraph “b”.
Sec. 617. Section 232.96, subsections 4 and 6, Code 2023,
are amended to read as follows:
4. A report made to the department of human services
pursuant to chapter 235A shall be admissible in evidence,
but such a report shall not alone be sufficient to support a
finding that the child is a child in need of assistance unless
the attorneys for the child and the parents consent to such a
finding.
6. A report, study, record, or other writing or an
audiotape or videotape recording made by the department of
human services, a juvenile court officer, a peace officer, a
child protection center, or a hospital relating to a child in a
proceeding under this subchapter is admissible notwithstanding
any objection to hearsay statements contained in it provided
it is relevant and material and provided its probative value
substantially outweighs the danger of unfair prejudice to the
child’s parent, guardian, or custodian. The circumstances of
the making of the report, study, record or other writing or an
audiotape or videotape recording, including the maker’s lack of
personal knowledge, may be proved to affect its weight.
Sec. 618. Section 232.97, subsection 1, Code 2023, is
amended to read as follows:
1. The court shall not make a disposition of the petition
until five working days after a social report has been
submitted to the court and counsel for the child and has been
considered by the court. The court may waive the five-day
-392-requirement upon agreement by all the parties. The court may
direct either the juvenile court officer or the department
of human services or any other agency licensed by the state
to conduct a social investigation and to prepare a social
report which may include any evidence provided by an individual
providing foster care for the child. A report prepared shall
include any founded reports of child abuse.
Sec. 619. Section 232.98, subsection 2, Code 2023, is
amended to read as follows:
2. Following an adjudication that a child is a child in need
of assistance, the court may after a hearing order the physical
or mental examination of the parent, guardian, or custodian if
that person’s ability to care for the child is at issue.
Sec. 620. Section 232.100, Code 2023, is amended to read as
follows:
232.100 Suspended judgment.
After the dispositional hearing the court may enter an
order suspending judgment and continuing the proceedings
subject to terms and conditions imposed to assure the proper
care and protection of the child. Such terms and conditions
may include the supervision of the child and of the parent,
guardian, or custodian by the department of human services,
juvenile court office, or other appropriate agency designated
by the court. The maximum duration of any term or condition of
a suspended judgment shall be twelve months unless the court
finds at a hearing held during the last month of that period
that exceptional circumstances require an extension of the term
or condition for an additional six months.
Sec. 621. Section 232.101, subsection 1, Code 2023, is
amended to read as follows:
1. After the dispositional hearing, the court may enter an
order permitting the child’s parent, guardian, or custodian
at the time of the filing of the petition to retain custody
of the child subject to terms and conditions which the court
prescribes to assure the proper care and protection of the
-393-child. Such terms and conditions may include supervision
of the child and the parent, guardian, or custodian by the
department of human services, juvenile court office, or other
appropriate agency which the court designates. Such terms
and conditions may also include the provision or acceptance
by the parent, guardian, or custodian of special treatment or
care which the child needs for the child’s physical or mental
health. If the parent, guardian, or custodian fails to provide
the treatment or care, the court may order the department
of human services or some other appropriate state agency to
provide such care or treatment.
Sec. 622. Section 232.102, subsections 4 and 6, Code 2023,
are amended to read as follows:
4. a. Whenever possible the court should permit the
child to remain at home with the child’s parent, guardian, or
custodian. Custody of the child should not be transferred
unless the court finds there is clear and convincing evidence
that of any of the following:
(1) The child cannot be protected from physical abuse
without transfer of custody; or.
(2) The child cannot be protected from some harm which would
justify the adjudication of the child as a child in need of
assistance and an adequate placement is available.
b. In order to transfer custody of the child under
this subsection, the court must make a determination that
continuation of the child in the child’s home would be contrary
to the welfare of the child, and shall identify the reasonable
efforts that have been made. The court’s determination
regarding continuation of the child in the child’s home,
and regarding reasonable efforts, including those made to
prevent removal and those made to finalize any permanency
plan in effect, as well as any determination by the court
that reasonable efforts are not required, must be made on
a case-by-case basis. The grounds for each determination
must be explicitly documented and stated in the court order.
-394-However, preserving the safety of the child is the paramount
consideration. If imminent danger to the child’s life or
health exists at the time of the court’s consideration, the
determinations otherwise required under this paragraph shall
not be a prerequisite for an order for removal of the child.
If the court transfers custody of the child, unless the
court waives the requirement for making reasonable efforts or
otherwise makes a determination that reasonable efforts are not
required, reasonable efforts shall be made to make it possible
for the child to safely return to the family’s home.
6. In any order transferring custody to the department
or an agency, or in orders pursuant to a custody order, the
court shall specify the nature and category of disposition
which will serve the best interests of the child, and shall
prescribe the means by which the placement shall be monitored
by the court. If the court orders the transfer of the custody
of the child to the department of human services or other
agency for placement, the department or agency shall submit
a case permanency plan to the court and shall make every
reasonable effort to return the child to the child’s home as
quickly as possible consistent with the best interests of the
child. When the child is not returned to the child’s home and
if the child has been previously placed in a licensed foster
care facility, the department or agency shall consider placing
the child in the same licensed foster care facility. If the
court orders the transfer of custody to a parent who does not
have physical care of the child, other relative, or other
suitable person, the court may direct the department or other
agency to provide services to the child’s parent, guardian,
or custodian in order to enable them to resume custody of the
child. If the court orders the transfer of custody to the
department of human services or to another agency for placement
in group foster care, the department or agency shall make every
reasonable effort to place the child in the least restrictive,
most family-like, and most appropriate setting available, and
-395-in close proximity to the parents’ home, consistent with the
child’s best interests and special needs, and shall consider
the placement’s proximity to the school in which the child is
enrolled at the time of placement.
Sec. 623. Section 232.103A, subsections 3 and 5, Code 2023,
are amended to read as follows:
3. The juvenile court shall designate the petitioner and
respondent for the purposes of the bridge order. A bridge
order shall only address matters of custody, physical care, and
visitation. All other matters, including child support, shall
be filed by separate petition or by action of the child support
recovery unit services, and shall be subject to existing
applicable statutory provisions.
5. The district court shall take judicial notice of the
juvenile file in any hearing related to the case. Records
contained in the district court case file that were copied or
transferred from the juvenile court file concerning the case
shall be subject to section 232.147 and other confidentiality
provisions of this chapter for cases not involving juvenile
delinquency, and shall be disclosed, upon request, to the child
support recovery unit services without a court order.
Sec. 624. Section 232.111, subsection 1, Code 2023, is
amended to read as follows:
1. A child’s guardian, guardian ad litem, or custodian,
the department of human services, a juvenile court officer, or
the county attorney may file a petition for termination of the
parent-child relationship and parental rights with respect to a
child.
Sec. 625. Section 232.116, subsection 1, paragraph l, Code
2023, is amended to read as follows:
l. The court finds that all of the following have occurred:
(1) The child has been adjudicated a child in need of
assistance pursuant to section 232.96 and custody has been
transferred from the child’s parents for placement pursuant to
section 232.102.
-396- (2) The parent has a severe substance-related substance use
disorder as described by either of the following:
(a) The severe substance-related substance use disorder
meets the definition for that term as defined in the most
current edition of the diagnostic and statistical manual
prepared by the American psychiatric association, and the
parent presents a danger to self or others as evidenced by
prior acts.
(b) The disorder is evidenced by continued and repeated use
through the case, the parent’s refusal to obtain a substance
abuse use disorder evaluation or treatment after given the
opportunity to do so, and the parent presents a danger to self
or others as evidenced by prior acts.
(3) There is clear and convincing evidence that the parent’s
prognosis indicates that the child will not be able to be
returned to the custody of the parent within a reasonable
period of time considering the child’s age and need for a
permanent home.
Sec. 626. Section 232.142, Code 2023, is amended to read as
follows:
232.142 Maintenance and cost of juvenile homes — fund.
1. County boards of supervisors which singly or in
conjunction with one or more other counties provide and
maintain juvenile detention and juvenile shelter care homes are
subject to this section.
2. For the purpose of providing and maintaining a county
or multicounty home, the board of supervisors of any county
may issue general county purpose bonds in accordance with
sections 331.441 through 331.449. Expenses for providing and
maintaining a multicounty home shall be paid by the counties
participating in a manner to be determined by the boards of
supervisors.
3. A county or multicounty juvenile detention home approved
pursuant to this section shall receive financial aid from the
state in a manner approved by the director, the director of the
-397-department of human rights, or a designee of the director of
the department of human rights. Aid paid by the state shall
be at least ten percent and not more than fifty percent of the
total cost of the establishment, improvements, operation, and
maintenance of the home. This subsection is repealed July 1,
2023.
4. The director, the director of the department of human
rights, or a designee of the director of the department of
human rights shall adopt minimal rules and standards for the
establishment, maintenance, and operation of such homes as
shall be necessary to effect the purposes of this chapter. The
rules shall apply the requirements of section 237.8, concerning
employment and evaluation of persons with direct responsibility
for a child or with access to a child when the child is
alone and persons residing in a child foster care facility,
to persons employed by, residing in, or volunteering for a
home approved under this section. The director shall, upon
request, give guidance and consultation in the establishment
and administration of the homes and programs for the homes.
This subsection is repealed July 1, 2023.
5. The director, the director of the department of human
rights, or a designee of the director of the department of
human rights shall approve annually all such homes established
and maintained under the provisions of this chapter. A home
shall not be approved unless it complies with minimal rules and
standards adopted by the director and has been inspected by the
department of inspections and appeals. The statewide number
of beds in the homes approved by the director shall not exceed
two hundred seventy-two beds beginning July 1, 2017. This
subsection is repealed July 1, 2023.
6. A juvenile detention home fund is created in the
state treasury under the authority of the department or the
department of human rights as the department and the department
of human rights agree. The fund shall consist of moneys
deposited in the fund pursuant to section 602.8108. The moneys
-398-in the fund shall be used for the costs of the establishment,
improvement, operation, and maintenance of county or
multicounty juvenile detention homes in accordance with annual
appropriations made by the general assembly from the fund for
these purposes. This subsection is repealed July 1, 2023.
Sec. 627. Section 232.147, subsection 2, paragraphs c, e,
and j, Code 2023, are amended to read as follows:
c. The child’s parent, guardian, or custodian, court
appointed special advocate, and guardian ad litem, and
the members of the child advocacy board created in section
237.16 or a local citizen foster care review board created in
accordance with section 237.19 who are assigning or reviewing
the child’s case.
e. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile
officer, or intake officer.
j. The department of human services.
Sec. 628. Section 232.147, subsection 3, paragraphs c, e,
and h, Code 2023, are amended to read as follows:
c. The child’s parent, guardian, or custodian, court
appointed special advocate, guardian ad litem, and the members
of the child advocacy board created in section 237.16 or a
local citizen foster care review board created in accordance
with section 237.19 who are assigning or reviewing the child’s
case.
e. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile court
officer, or intake officer.
h. The department of human services.
Sec. 629. Section 232.147, subsection 4, paragraphs c, f,
and j, Code 2023, are amended to read as follows:
-399- c. The child’s parent, guardian, or custodian, court
appointed special advocate, guardian ad litem, and the members
of the child advocacy board created in section 237.16 or a
local citizen foster care review board created in accordance
with section 237.19 who are assigning or reviewing the child’s
case.
f. An agency, individual, association, facility, or
institution responsible for the care, treatment, or supervision
of the child pursuant to a court order or voluntary placement
agreement with the department of human services, juvenile court
officer, or intake officer.
j. The department of human services.
Sec. 630. Section 232.147, subsection 7, Code 2023, is
amended to read as follows:
7. Official juvenile court records enumerated in section
232.2, subsection 43, paragraph “e”, relating to paternity,
support, or the termination of parental rights, shall be
disclosed, upon request, to the child support recovery unit
services without court order.
Sec. 631. Section 232.149, subsection 5, paragraph h, Code
2023, is amended to read as follows:
h. The department of human services.
Sec. 632. Section 232.149A, subsection 3, paragraphs c and
e, Code 2023, are amended to read as follows:
c. The child’s parent, guardian, or custodian, court
appointed special advocate, and guardian ad litem, and
the members of the child advocacy board created in section
237.16 or a local citizen foster care review board created in
accordance with section 237.19 who are assigning or reviewing
the child’s case.
e. An agency, association, facility, or institution which
has custody of the child, or is legally responsible for the
care, treatment, or supervision of the child, including but not
limited to the department of human services.
Sec. 633. Section 232.158A, subsection 1, unnumbered
-400-paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding any provision of the interstate compact
on the placement of children under section 232.158 to the
contrary, the department of human services shall permit the
legal risk placement of a child under the interstate compact on
the placement of children if the prospective adoptive parent
provides a legal risk statement, in writing, acknowledging all
of the following:
Sec. 634. Section 232.158A, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. That the prospective adoptive parent assumes full legal,
financial, and other risks associated with the legal risk
placement and that the prospective adoptive parent agrees
to hold the department of human services harmless for any
disruption or failure of the placement.
Sec. 635. Section 232.160, Code 2023, is amended to read as
follows:
232.160 Department of health and human services as public
authority.
The “appropriate public authorities” as used in article III
of the interstate compact on the placement of children under
section 232.158 shall, with reference to this state, mean the
state department of health and human services and said the
department shall receive and act with reference to notices
required by article III of that interstate compact.
Sec. 636. Section 232.161, Code 2023, is amended to read as
follows:
232.161 Department as authority in receiving state.
As used in paragraph “a” of article V of the interstate
compact on the placement of children under section 232.158,
the phrase “appropriate authority in the receiving state” with
reference to this state shall mean means the state department
of health and human services.
Sec. 637. Section 232.162, Code 2023, is amended to read as
follows:
-401- 232.162 Authority to enter agreements.
The officers and agencies of this state and its subdivisions
having authority to place children may enter into agreements
with appropriate officers or agencies of or in other party
states pursuant to paragraph “b” of article V of the interstate
compact on the placement of children under section 232.158.
Any such agreement which contains a financial commitment or
imposes a financial obligation on this state or a subdivision
or agency of this state shall not be binding unless it has the
approval in writing of the administrator of child and family
services director or the director’s designee in the case of the
state and the county general assistance director in the case
of a subdivision of the state.
Sec. 638. Section 232.168, Code 2023, is amended to read as
follows:
232.168 Attorney general to enforce.
The attorney general may, on the attorney general’s own
initiative, institute any criminal and civil actions and
proceedings under this subchapter, at whatever stage of
placement necessary, to enforce the interstate compact on
the placement of children, including, but not limited to,
seeking enforcement of the provisions of the compact through
the courts of a party state. The department of human services
shall cooperate with the attorney general and shall refer any
placement or proposed placement to the attorney general which
may require enforcement measures.
Sec. 639. Section 232.171, subsection 4, Code 2023, is
amended to read as follows:
4. Article IV — Return of runaways.
a. (1) That the parent, guardian, or person or agency
entitled to legal custody of a juvenile who has not been
adjudged delinquent but who has run away without the consent
of such parent, guardian, or person or agency may petition
the appropriate court in the demanding state for the issuance
of a requisition for the juvenile’s return. The petition
-402-shall state the name and age of the juvenile, the name of the
petitioner and the basis of entitlement to the juvenile’s
custody, the circumstances of the juvenile’s running away,
the juvenile’s location if known at the time application
is made, and such other facts as may tend to show that the
juvenile who has run away is endangering the juvenile’s own
welfare or the welfare of others and is not an emancipated
minor. The petition shall be verified by affidavit, shall
be executed in duplicate, and shall be accompanied by two
certified copies of the document or documents on which the
petitioner’s entitlement to the juvenile’s custody is based,
such as birth certificates, letters of guardianship, or custody
decrees. Such further affidavits and other documents as may
be deemed proper may be submitted with such petition. The
judge of the court to which this application is made may hold a
hearing thereon to determine whether for the purposes of this
compact the petitioner is entitled to the legal custody of the
juvenile, whether or not it appears that the juvenile has in
fact run away without consent, whether or not the juvenile is
an emancipated minor, and whether or not it is in the best
interest of the juvenile to compel the juvenile’s return to
the state. If the judge determines, either with or without a
hearing, that the juvenile should be returned, the judge shall
present to the appropriate court or to the executive authority
of the state where the juvenile is alleged to be located a
written requisition for the return of such juvenile. Such
requisition shall set forth the name and age of the juvenile,
the determination of the court that the juvenile has run away
without the consent of a parent, guardian, or person or agency
entitled to the juvenile’s legal custody, and that it is in
the best interest and for the protection of such juvenile that
the juvenile be returned. In the event that a proceeding for
the adjudication of the juvenile as a delinquent, neglected or
dependent juvenile is pending in the court at the time when
such juvenile runs away, the court may issue a requisition for
-403-the return of such juvenile upon its own motion, regardless
of the consent of the parent, guardian, or person or agency
entitled to legal custody, reciting therein the nature and
circumstances of the pending proceeding. The requisition shall
in every case be executed in duplicate and shall be signed by
the judge. One copy of the requisition shall be filed with the
compact administrator of the demanding state, there to remain
on file subject to the provisions of law governing records
of such court. Upon the receipt of a requisition demanding
the return of a juvenile who has run away, the court or the
executive authority to whom the requisition is addressed shall
issue an order to any peace officer or other appropriate person
directing the officer or person to take into custody and detain
such juvenile. Such detention order must substantially recite
the facts necessary to the validity of its issuance hereunder.
No juvenile detained upon such order shall be delivered over
to the officer whom the court demanding the juvenile shall
have appointed to receive the juvenile, unless the juvenile
shall first be taken forthwith before a judge of a court in the
state, who shall inform the juvenile of the demand made for
the juvenile’s return, and who may appoint counsel or guardian
ad litem for the juvenile. If the judge of such court shall
find that the requisition is in order, the judge shall deliver
such juvenile over to the officer whom the court demanding the
juvenile shall have appointed to receive the juvenile. The
judge, however, may fix a reasonable time to be allowed for the
purpose of testing the legality of the proceeding.
(2) Upon reasonable information that a person is a juvenile
who has run away from another state party to this compact
without the consent of a parent, guardian, or person or agency
entitled to the juvenile’s legal custody, such juvenile may be
taken into custody without a requisition and brought forthwith
before a judge of the appropriate court who may appoint counsel
or guardian ad litem for such juvenile and who shall determine
after a hearing whether sufficient cause exists to hold the
-404-person, subject to the order of the court, for the person’s own
protection and welfare, for such a time not exceeding ninety
days as will enable the person’s return to another state party
to this compact pursuant to a requisition for the person’s
return from a court of that state. If, at the time when a
state seeks the return of a juvenile who has run away, there is
pending in the state wherein the juvenile is found any criminal
charge, or any proceeding to have the juvenile adjudicated a
delinquent juvenile for an act committed in such state, or
if the juvenile is suspected of having committed within such
state a criminal offense or an act of juvenile delinquency,
the juvenile shall not be returned without the consent of
such state until discharged from prosecution or other form of
proceeding, imprisonment, detention or supervision for such
offense or juvenile delinquency. The duly accredited officers
of any state party to this compact, upon the establishment
of their authority and the identity of the juvenile being
returned, shall be permitted to transport such juvenile through
any and all states party to this compact, without interference.
Upon the juvenile’s return to the state from which the juvenile
ran away, the juvenile shall be subject to such further
proceedings as may be appropriate under the laws of that state.
b. That the state to which a juvenile is returned under this
article shall be responsible for payment of the transportation
costs of such return.
c. That “juvenile” as used in this article means any person
who is a minor under the law of the state of residence of the
parent, guardian, or person or agency entitled to the legal
custody of such minor.
Sec. 640. Section 232.171, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. That the duly constituted judicial and administrative
authorities of a state party to this compact, herein called
“sending state”, may permit any delinquent juvenile within
such state, placed on probation or parole, to reside in any
-405-other state party to this compact, herein called “receiving
state”, while on probation or parole, and the receiving
state shall accept such delinquent juvenile, if the parent,
guardian, or person entitled to the legal custody of such
delinquent juvenile is residing or undertakes to reside
within the receiving state. Before granting such permission,
opportunity shall be given to the receiving state to make such
investigations as it deems necessary. The authorities of the
sending state shall send to the authorities of the receiving
state copies of pertinent court orders, social case studies
and all other available information which may be of value to
and assist the receiving state in supervising a probationer
or parolee under this compact. A receiving state, in its
discretion, may agree to accept supervision of a probationer or
parolee in cases where the parent, guardian, or person entitled
to the legal custody of the delinquent juvenile is not a
resident of the receiving state, and if so accepted the sending
state may transfer supervision accordingly.
Sec. 641. Section 232.171, subsection 10, paragraph f, Code
2023, is amended to read as follows:
f. Provide that the consent of the parent, guardian, or
person or agency entitled to the legal custody of said the
delinquent juvenile shall be secured prior to the juvenile
being sent to another state; and
Sec. 642. Section 232.188, Code 2023, is amended to read as
follows:
232.188 Decategorization of child welfare and juvenile
justice funding initiative.
1. Definitions. For the purposes of this section, unless
the context otherwise requires:
a. “Decategorization governance board” or “governance
board” means the group that enters into and implements a
decategorization project agreement.
b. “Decategorization project” means the county or counties
that have entered into a decategorization agreement to
-406-implement the decategorization initiative in the county or
multicounty area covered by the agreement.
c. “Decategorization services funding pool” or “funding pool”
means the funding designated for a decategorization project
from all sources.
2. Purpose. The decategorization of the child welfare and
juvenile justice funding initiative is intended to establish
a system of delivering human services based upon client needs
to replace a system based upon a multitude of categorical
programs and funding sources, each with different service
definitions and eligibility requirements. The purposes of
the decategorization initiative include but are not limited
to redirecting child welfare and juvenile justice funding
to services which are more preventive, family-centered,
and community-based in order to reduce use of restrictive
approaches which rely upon institutional, out-of-home, and
out-of-community services.
3. Implementation.
a. Implementation of the initiative shall be through
creation of decategorization projects. A project shall consist
of either a single county or a group of counties interested
in jointly implementing the initiative. Representatives of
the department, juvenile court services, and county government
shall develop a project agreement to implement the initiative
within a project.
b. The initiative shall include community planning
activities in the area covered by a project. As part of
the community planning activities, the department shall
partner with other community stakeholders to develop service
alternatives that provide less restrictive levels of care for
children and families receiving services from the child welfare
and juvenile justice systems within the project area.
c. The decategorization initiative shall not be implemented
in a manner that limits the legal rights of children and
families to receive services.
-407- 4. Governance board.
a. In partnership with an interested county or group of
counties which has demonstrated the commitment and involvement
of the affected county department, or departments, of human
services, the juvenile justice system within the project
area, and board, or boards, of supervisors in order to form
a decategorization project, the department shall develop
a process for combining specific state and state-federal
funding categories into a decategorization services funding
pool for that project. A decategorization project shall be
implemented by a decategorization governance board. The
decategorization governance board shall develop specific,
quantifiable short-term and long-term plans for enhancing the
family-centered and community-based services and reducing
reliance upon out-of-community care in the project area.
b. The department shall work with the decategorization
governance boards to best coordinate planning activities and
most effectively target funding resources. A departmental
service area manager The department shall work with the
decategorization governance boards in that service area to
support board planning and service development activities and
to promote the most effective alignment of resources.
c. A decategorization governance board shall coordinate
the project’s planning and budgeting activities with the
departmental service area manager department’s designee for the
county or counties comprising the project area and the early
childhood Iowa area board or boards for the early childhood
Iowa area or areas within which the decategorization project
is located.
5. Funding pool.
a. The governance board for a decategorization project has
authority over the project’s decategorization services funding
pool and shall manage the pool to provide more flexible,
individualized, family-centered, preventive, community-based,
comprehensive, and coordinated service systems for children and
-408-families served in that project area. A funding pool shall
also be used for child welfare and juvenile justice systems
enhancements.
b. Notwithstanding section 8.33, moneys designated for a
project’s decategorization services funding pool that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure as
directed by the project’s governance board for child welfare
and juvenile justice systems enhancements and other purposes
of the project for the next three succeeding fiscal years.
Such moneys shall be known as “carryover funding”. Moneys may
be made available to a funding pool from one or more of the
following sources:
(1) Funds designated for the initiative in a state
appropriation.
(2) Child welfare and juvenile justice services funds
designated for the initiative by a departmental service area
manager the department.
(3) Juvenile justice program funds designated for the
initiative by a chief juvenile court officer.
(4) Carryover funding.
(5) Any other source designating moneys for the funding
pool.
c. The services and activities funded from a project’s
funding pool may vary depending upon the strategies selected
by the project’s governance board and shall be detailed in an
annual child welfare and juvenile justice decategorization
services plan developed by the governance board. A
decategorization governance board shall involve community
representatives and county organizations in the development of
the plan for that project’s funding pool. In addition, the
governance board shall coordinate efforts through communication
with the appropriate departmental service area manager
department regarding budget planning and decategorization
service decisions.
-409- d. A decategorization governance board is responsible for
ensuring that decategorization services expenditures from that
project’s funding pool do not exceed the amount of funding
available. If necessary, the governance board shall reduce
expenditures or discontinue specific services as necessary to
manage within the funding pool resources available for a fiscal
year.
e. The annual child welfare and juvenile justice
decategorization services plan developed for use of the funding
pool by a decategorization governance board shall be submitted
to the department administrator of child welfare services
and the early childhood Iowa state board. In addition, the
decategorization governance board shall submit an annual
progress report to the department administrator and the early
childhood Iowa state board which summarizes the progress made
toward attaining the objectives contained in the plan. The
progress report shall serve as an opportunity for information
sharing and feedback.
6. Departmental role. A The departmental service area’s
share of the child welfare appropriation that is not allocated
by law for the decategorization initiative shall be managed
by and is under the authority of the service area manager
department. A service area manager The department is
responsible for meeting the child welfare service needs in the
counties comprising the service area with the available funding
resources.
Sec. 643. Section 232.189, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Based upon a model reasonable efforts family court
initiative, the director of human services and the chief
justice of the supreme court or their designees shall jointly
establish and implement a statewide protocol for reasonable
efforts, as defined in section 232.102. In addition, the
director and the chief justice shall design and implement
a system for judicial and departmental reasonable efforts
-410-education for deployment throughout the state. The system for
reasonable efforts education shall be developed in a manner
which addresses the particular needs of rural areas and shall
include but is not limited to all of the following topics:
Sec. 644. Section 232B.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 3A. “Department” means the department of
health and human services.
NEW SUBSECTION. 3B. “Director” means the director of health
and human services.
Sec. 645. Section 232B.9, subsections 8 and 9, Code 2023,
are amended to read as follows:
8. A record of each foster care placement, emergency
removal, preadoptive placement, or adoptive placement of an
Indian child, under the laws of this state, shall be maintained
in perpetuity by the department of human services in accordance
with section 232B.13. The record shall document the active
efforts to comply with the applicable order of preference
specified in this section.
9. The state of Iowa recognizes the authority of Indian
tribes to license foster homes and to license agencies to
receive children for control, care, and maintenance outside
of the children’s own homes, or to place, receive, arrange
the placement of, or assist in the placement of children for
foster care or adoption. The department of human services and
child-placing agencies licensed under chapter 238 may place
children in foster homes and facilities licensed by an Indian
tribe.
Sec. 646. Section 232B.11, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The director of human services or the director’s designee
shall make a good faith effort to enter into agreements
with Indian tribes regarding jurisdiction over child custody
proceedings and the care and custody of Indian children whose
tribes have land within Iowa, including but not limited to
-411-the Sac and Fox tribe, the Omaha tribe, the Ponca tribe, and
the Winnebago tribe, and whose tribes have an Indian child
who resides in the state of Iowa. An agreement shall seek to
promote the continued existence and integrity of the Indian
tribe as a political entity and the vital interest of Indian
children in securing and maintaining a political, cultural,
and social relationship with their tribes. An agreement
shall assure that tribal services and Indian organizations
or agencies are used to the greatest extent practicable in
planning and implementing any action pursuant to the agreement
concerning the care and custody of Indian children. If tribal
services are not available, an agreement shall assure that
community services and resources developed specifically for
Indian families will be used.
2. If an agreement entered into between the tribe and the
department of human services pertaining to the funding of
foster care placements for Indian children conflicts with any
federal or state law, the state in a timely, good faith manner
shall agree to amend the agreement in a way that prevents any
interruption of services to eligible Indian children.
Sec. 647. Section 232B.12, Code 2023, is amended to read as
follows:
232B.12 Payment of foster care expenses.
1. If the department of human services has legal custody
of an Indian child and that child is placed in foster care
according to the placement preferences under section 232B.9
the state shall pay, subject to any applicable federal funding
limitations and requirements, the cost of the foster care in
the manner and to the same extent the state pays for foster
care of non-Indian children, including the administrative and
training costs associated with the placement. In addition,
the state shall pay the other costs related to the foster care
placement of an Indian child as may be provided for in an
agreement entered into between a tribe and the state.
2. The department of human services may, subject to any
-412-applicable federal funding limitations and requirements and
within funds appropriated for foster care services, purchase
care for Indian children who are in the custody of a federally
recognized Indian tribe or tribally licensed child-placing
agency pursuant to parental consent, tribal court order, or
state court order; and the purchase of the care is subject to
the same eligibility standards and rates of support applicable
to other children for whom the department purchases care.
Sec. 648. Section 232B.13, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. The department of human services shall establish an
automated database where a permanent record shall be maintained
of every involuntary or voluntary foster care, preadoptive
placement, or adoptive placement of an Indian child that is
ordered by a court of this state and in which the department
was involved. The automated record shall document the active
efforts made to comply with the order of placement preference
specified in section 232B.9. An Indian child’s placement
record shall be maintained in perpetuity by the department
of human services and shall include but is not limited to
the name, birthdate, and gender of the Indian child, and the
location of the local department office that maintains the
original file and documents containing the information listed
in subsection 2.
3. If a court orders the foster care, preadoptive placement,
or adoptive placement of an Indian child, the court and any
state-licensed child-placing agency involved in the placement
shall provide the department of human services with the records
described in subsections 1 and 2.
4. A record maintained pursuant to this section by the
department of human services, a county department of human
services, state-licensed child-placing agency, private
attorney, or medical facility shall be made available within
seven days of a request for the record by the Indian child’s
tribe or the secretary of the interior.
-413- 5. Upon the request of an Indian individual who is eighteen
years of age or older, or upon the request of an Indian
child’s parent, Indian custodian, attorney, guardian ad litem,
guardian, legal custodian, or caseworker of the Indian child,
the department of human services, a county department of
human services, state-licensed child-placing agency, private
attorney, or medical facility shall provide access to the
records pertaining to the Indian individual or child maintained
pursuant to this section. The records shall also be made
available upon the request of the descendants of the Indian
individual or child. A record shall be made available within
seven days of a request for the record by any person authorized
by this subsection to make the request.
Sec. 649. Section 232B.14, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services, in consultation
with Indian tribes, shall establish standards and procedures
for the department’s review of cases subject to this chapter
and methods for monitoring the department’s compliance with
provisions of the federal Indian Child Welfare Act and this
chapter. These standards and procedures and the monitoring
methods shall be integrated into the department’s structure
and plan for the federal government’s child and family service
review process and any program improvement plan resulting from
that process.
Sec. 650. Section 232C.2, subsection 1, Code 2023, is
amended to read as follows:
1. Prior to an emancipation hearing held pursuant to
section 232C.1, the court, on its own motion, may stay the
proceedings, and refer the parties to mediation or request
that the department of health and human services investigate
any allegations of child abuse or neglect contained in the
petition, and order that a written report be prepared and filed
by the department.
Sec. 651. Section 232C.4, subsection 6, Code 2023, is
-414-amended to read as follows:
6. A parent who is absolved of child support obligations
pursuant to an emancipation order shall notify the child
support recovery unit services of the department of health and
human services of the emancipation.
Sec. 652. Section 232D.204, subsection 4, Code 2023, is
amended to read as follows:
4. A proceeding under this section shall not create a new
eligibility category for the department of health and human
services protective services.
Sec. 653. Section 232D.307, subsection 3, Code 2023, is
amended to read as follows:
3. The judicial branch in conjunction with the department
of public safety, the department of health and human services,
and the state chief information officer shall establish
procedures for electronic access to the single contact
repository necessary to conduct background checks requested
under subsection 1.
Sec. 654. Section 233.2, subsection 2, paragraphs c and d,
Code 2023, are amended to read as follows:
c. If the physical custody of the newborn infant is
relinquished at an institutional health facility, the state
shall reimburse the institutional health facility for the
institutional health facility’s actual expenses in providing
care to the newborn infant and in performing acts necessary to
protect the physical health or safety of the newborn infant.
The reimbursement shall be paid from moneys appropriated for
this purpose to the department of health and human services.
d. If the name of the parent is unknown to the institutional
health facility, the individual on duty or other person
designated by the institutional health facility at which
physical custody of the newborn infant was relinquished shall
submit the certificate of birth report as required pursuant to
section 144.14. If the name of the parent is disclosed to the
institutional health facility, the facility shall submit the
-415-certificate of birth report as required pursuant to section
144.13. The department of public health and human services
shall not file the certificate of birth with the county of
birth and shall otherwise maintain the confidentiality of the
birth certificate in accordance with section 144.43.
Sec. 655. Section 233.2, subsection 3, Code 2023, is amended
to read as follows:
3. As soon as possible after the individual on duty or first
responder assumes physical custody of a newborn infant released
under subsection 1, the individual or first responder shall
notify the department of health and human services and the
department shall take the actions necessary to assume the care,
control, and custody of the newborn infant. The department
shall immediately notify the juvenile court and the county
attorney of the department’s action and the circumstances
surrounding the action and request an ex parte order from the
juvenile court ordering, in accordance with the requirements of
section 232.78, the department to take custody of the newborn
infant. Upon receiving the order, the department shall take
custody of the newborn infant. Within twenty-four hours of
taking custody of the newborn infant, the department shall
notify the juvenile court and the county attorney in writing
of the department’s action and the circumstances surrounding
the action.
Sec. 656. Section 233.6, unnumbered paragraph 1, Code 2023,
is amended to read as follows:
The department of health and human services, in consultation
with the Iowa department of public health and the department of
justice, shall develop and distribute the following:
Sec. 657. Section 233A.1, Code 2023, is amended to read as
follows:
233A.1 State training school — Eldora.
1. Effective January 1, 1992, a diagnosis and evaluation
center and other units are established at the state training
school to provide court-committed male juvenile delinquents a
-416-program which focuses upon appropriate developmental skills,
treatment, placements, and rehabilitation.
2. The diagnosis and evaluation center which is used to
identify appropriate treatment and placement alternatives for
juveniles and any other units for juvenile delinquents which
are located at Eldora shall be known as the “state training
school”.
3. For the purposes of this chapter “director”:
a. “Department” means the department of health and human
services.
b. “Director”means the director of health and human
services and “superintendent”.
c. “State training school” means the diagnosis and
evaluation center which is used to identify appropriate
treatment and placement alternatives for juveniles and any
other units for juvenile delinquents which are located at
Eldora.
d. “Superintendent”means the administrator in charge of the
diagnosis and evaluation center for juvenile delinquents and
other units at the state training school.
3. 4. The number of children present at any one time at
the state training school shall not exceed the population
guidelines established under 1990 Iowa Acts, ch.1239, §21, as
adjusted for subsequent changes in the capacity at the training
school.
Sec. 658. Section 233A.3, Code 2023, is amended to read as
follows:
233A.3 Salary.
The salary of the superintendent of the state training
school shall be determined by the administrator director.
Sec. 659. Section 233A.6, Code 2023, is amended to read as
follows:
233A.6 Visits.
Members of the executive council, the attorney general,
the lieutenant governor, members of the general assembly,
-417-judges of the supreme and district court and court of appeals,
magistrates, county attorneys, and persons ordained or
designated as regular leaders of a religious community are
authorized to may visit the state training school at reasonable
times. No other person shall be granted admission except by
permission of the superintendent.
Sec. 660. Section 233A.7, Code 2023, is amended to read as
follows:
233A.7 Placing in families.
All children committed to and received in the state training
school may be placed by the department under foster care
arrangements, with any persons or in families of good standing
and character where they the children will be properly cared
for and educated. The cost of foster care provided under these
arrangements shall be paid as provided in section 234.35.
Sec. 661. Section 233A.8, Code 2023, is amended to read as
follows:
233A.8 Articles of agreement.
Such children shall be so A child placed in foster care as
provided in section 233A.7 shall be placed under articles of
agreement, approved by the administrator director and signed
by the person or persons taking them providing foster care and
by the superintendent. Said The articles of agreement shall
provide for the custody, care, education, maintenance, and
earnings of said children the child for a time to be fixed
specified in said the articles, which shall not extend beyond
the time when the persons bound shall attain the child attains
age of eighteen years of age.
Sec. 662. Section 233A.9, Code 2023, is amended to read as
follows:
233A.9 Resuming custody of child.
In case If a child so placed be in foster care as provided
in section 233A.7 is not given the care, education, treatment,
and maintenance required by such the articles of agreement, the
administrator director may cause the child to be taken from
-418-the person with whom placed and returned return the child to
the institution state training school, or may replace place
the child in a different foster care placement, or release, or
finally discharge the child as may seem best.
Sec. 663. Section 233A.10, Code 2023, is amended to read as
follows:
233A.10 Unlawful interference.
It shall be unlawful for any parent or other person not
a party to such the placing of a child in foster care to
interfere in any manner or assume or exercise any control over
such the child or the child’s earnings. Said The child’s
earnings shall be used, held, or otherwise applied for the
exclusive benefit of such the child, in accordance with section
234.37.
Sec. 664. Section 233A.11, Code 2023, is amended to read as
follows:
233A.11 County attorney to appear for child.
In case legal proceedings are necessary to enforce any
right conferred on any child by sections 233A.7 through
233A.10, the county attorney of the county in which such
proceedings should be instituted shall, on the request of the
superintendent, approved by subject to the approval of the
administrator director, institute and carry on, in the name of
the superintendent, out the proceedings in on behalf of the
superintendent.
Sec. 665. Section 233A.12, Code 2023, is amended to read as
follows:
233A.12 Discharge or parole.
The administrator director may at any time after one year’s
service order the discharge or parole of any inmate as a reward
for good conduct, and may, in exceptional cases, discharge or
parole inmates without regard to the length of their service
or conduct, when satisfied that the reasons therefor for the
discharge or parole are urgent and sufficient. If paroled upon
satisfactory evidence of reformation, the order may remain in
-419-effect or terminate under such rules as the administrator may
prescribe prescribed by the director.
Sec. 666. Section 233A.13, Code 2023, is amended to read as
follows:
233A.13 Binding out or discharge Discharge.
The binding out or the discharge of an inmate as reformed, or
having arrived at the age of eighteen years of age, shall be a
complete release from all penalties incurred by the conviction
for the offense upon which the child was committed to the
school.
Sec. 667. Section 233A.14, Code 2023, is amended to read as
follows:
233A.14 Transfers to other institutions.
The administrator director may transfer minor wards of
the state to the state training school minor wards of the
state from any institution under the administrator’s charge
director’s control, but no a person shall not be so transferred
who is mentally ill or has a mental illness or an intellectual
disability. Any child in the state training school who is
mentally ill has a mental illness or has an intellectual
disability may be transferred by the administrator director to
the proper state institution.
Sec. 668. Section 233A.15, Code 2023, is amended to read as
follows:
233A.15 Transfers to work in parks.
1. The administrator director may detail assign children,
classed as from the state training school deemed trustworthy,
from the state training school, to perform services for the
department of natural resources within the state parks, state
game and forest areas, and other lands under the jurisdiction
of the department of natural resources. The department of
natural resources shall provide permanent housing and work
guidance supervision, but the care and custody of the children
so detailed assigned shall remain under employees of the
division of child and family services of with the department of
-420-human services. All such programs shall have as their primary
purpose and shall provide for inculcation or the activation of
attitudes, skills, and habit patterns which will be conducive
to the habilitation of the youths children involved.
2. The administrator is hereby authorized to director
may use state-owned mobile housing equipment and facilities
in performing services at temporary locations in the areas
described in subsection 1.
Sec. 669. Section 234.1, Code 2023, is amended to read as
follows:
234.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the division.
2. 1. “Child” means either a person less than eighteen
years of age or a person eighteen, nineteen, or twenty years of
age who meets all of the following conditions:
a. The person was placed by court order issued pursuant
to chapter 232 in foster care or in an institution listed in
section 218.1 and either of the following situations apply to
the person:
(1) After reaching eighteen years of age, the person
has remained continuously and voluntarily under the care
of an individual, as defined in section 237.1, licensed to
provide foster care pursuant to chapter 237 or in a supervised
apartment living arrangement, in this state.
(2) The person aged out of foster care after reaching
eighteen years of age and subsequently voluntarily applied for
placement with an individual, as defined in section 237.1,
licensed to provide foster care pursuant to chapter 237 or for
placement in a supervised apartment living arrangement, in this
state.
b. The person has demonstrated a willingness to participate
in case planning and to complete the responsibilities
prescribed in the person’s case permanency plan.
-421- c. The department has made an application for the person
for adult services upon a determination that it is likely the
person will need or be eligible for services or other support
from the adult services system.
3. “Division” or “state division” means that division of the
department of human services to which the director has assigned
responsibility for income and service programs.
4. “Food assistance program” means the benefits provided
through the United States department of agriculture program
administered by the department of human services in accordance
with 7 C.F.R. pts.270 – 283.
2. “Council” means the council on health and human services.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
5. “Food programs” means the food stamp supplemental
nutrition assistance program and donated foods programs
authorized by federal law under the United States department
of agriculture.
6. “Supplemental nutrition assistance program” or “SNAP”
means benefits provided by the federal program administered
through 7 C.F.R.pts.270 – 280, as amended.
Sec. 670. Section 234.4, Code 2023, is amended to read as
follows:
234.4 Education of children in departmental programs.
If the department of human services has custody or has other
responsibility for a child based upon the child’s involvement
in a departmental program involving foster care, preadoption or
adoption, or subsidized guardianship placement and the child
is subject to the compulsory attendance law under chapter 299,
the department shall fulfill the responsibilities outlined in
section 299.1 and other responsibilities under federal and
state law regarding the child’s school attendance. As part
of fulfilling the responsibilities described in this section,
-422-if the department has custody or other responsibility for
placement and care of a child and the child transfers to a
different school during or immediately preceding the period of
custody or other responsibility, within the first six weeks of
the transfer date the department shall assess the student’s
degree of success in adjusting to the different school.
Sec. 671. Section 234.6, Code 2023, is amended to read as
follows:
234.6 Powers and duties of the administrator director.
1. The administrator shall be vested with the authority
to director shall administer the family investment program,
state supplementary assistance, food programs, child welfare,
and emergency relief, family and adult service programs, and
any other form of public welfare assistance and institutions
that are placed under the administrator’s director’s
administration. The administrator director shall perform
duties, shall formulate and adopt rules as may be necessary,
and shall outline policies, dictate procedure, and delegate
such powers as may be necessary for competent and efficient
administration. Subject to restrictions that may be imposed
by the director of human services and the council on human
services, the administrator director may abolish, alter,
consolidate, or establish subdivisions subunits and may abolish
or change offices previously created existing subunits. The
administrator director may employ necessary personnel and
fix determine their compensation; may allocate or reallocate
functions and duties among any subdivisions now existing or
later established subunits; and may adopt rules relating to the
employment of personnel and the allocation of their functions
and duties among the various subdivisions subunits as required
for competent and efficient administration may require. The
administrator director shall do all of the following:
a. Cooperate with the social security administration created
by the Social Security Act and codified at 42 U.S.C. §901,
or other agency of the federal government for public welfare
-423- assistance, in such reasonable manner as may be necessary to
qualify for federal aid, including the making of such reports
in such form and containing such information as the social
security administration, from time to time, may require,
and to comply with such regulations as such social security
administration, from time to time, may find necessary to assure
the correctness and verification of such reports.
b. Furnish information to acquaint the public generally
with the operation of the federal Acts under the director’s
jurisdiction of the administrator.
c. With the approval of the director of human services,
the governor, the director of the department of management,
and the director of the department of administrative services,
set up establish an administrative fund from the funds under
the administrator’s director’s control and management an
administrative fund and from the administrative fund pay the
expenses of operating the division department’s duties under
this chapter.
d. Notwithstanding any provisions to the contrary in chapter
239B relating to the consideration of income and resources
of claimants for assistance, the administrator, and with the
consent and approval of the director of human services and
the council on human services, shall make such adopt rules as
may be necessary to qualify for federal aid in the assistance
programs administered by the administrator director.
e. Have authority to use Use funds available to the
department, subject to any limitations placed on the use
thereof of the funds by the legislation appropriating the
funds, to provide to or purchase, for eligible families and
individuals eligible therefor, services including but not
limited to the following:
(1) Child care for children or adult day services, in
facilities which are licensed or are approved as meeting
standards for licensure.
(2) Foster care, including foster family care, group homes,
-424-and institutions.
(3) Family-centered services, as defined in section
232.102A, subsection 1, paragraph “b”.
(4) Family planning.
(5) Protective services.
(6) Services or support provided to a child with an
intellectual disability or other developmental disability or
to the child’s family.
(7) Transportation services.
(8) Any services, not otherwise enumerated in this
paragraph “e”, authorized by or pursuant to the United States
Social Security Act of 1934, as amended.
f. Administer the food programs authorized by federal law,
and recommend rules necessary in the administration of those
programs to the director for adoption pursuant to chapter 17A.
g. Provide consulting and technical services to the director
of the department of education, or the director’s designee,
upon request, relating to prekindergarten, kindergarten, and
before and after school programming and facilities.
h. Recommend rules for their adoption by the council on
human services for before and after school child care programs,
conducted within and by or contracted for by school districts,
that are appropriate for the ages of the children who receive
services under the programs.
2. The department of human services shall have the power
and authority to may use the funds available to it, to purchase
services of all kinds from public or private agencies to
provide for the needs of children, including but not limited to
psychiatric services, supervision, specialized group, foster
homes, and institutional care.
3. In determining the reimbursement rate for services
purchased by the department of human services from a person
or agency, the department shall not include private moneys
contributed to the person or agency unless the moneys are
contributed for services provided to a specific individual.
-425- Sec. 672. Section 234.7, Code 2023, is amended to read as
follows:
234.7 Department duties.
1. The department of human services shall comply with the
provision associated with child foster care licensees under
chapter 237 that requires that a child’s foster parent be
included in, and be provided timely notice of, planning and
review activities associated with the child, including but not
limited to permanency planning and placement review meetings,
which shall include discussion of the child’s rehabilitative
treatment needs.
2. a. The department of human services shall submit a
waiver request to the United States department of health and
human services as necessary to provide coverage under the
medical assistance program for children who are described by
both of the following:
(1) The child needs behavioral health care services and
qualifies for the care level provided by a psychiatric medical
institution for children licensed under chapter 135H.
(2) The child is in need of treatment to cure or alleviate
serious mental illness or disorder, or emotional damage
as evidenced by severe anxiety, depression, withdrawal, or
untoward aggressive behavior toward self or others and whose
parent, guardian, or custodian is unable to provide such
treatment.
b. The waiver request shall provide for appropriately
addressing the needs of children described in paragraph “a” by
implementing any of the following options: using a wraparound
services approach, renegotiating the medical assistance program
contract provisions for behavioral health services, or applying
another approach for appropriately meeting the children’s
needs.
c. If federal approval of the waiver request is not
received, the department shall submit options to the governor
and general assembly to meet the needs of such children through
-426-a state-funded program.
Sec. 673. Section 234.8, Code 2023, is amended to read as
follows:
234.8 Fees for child welfare services.
The department of human services may charge a fee for
child welfare services to a person liable for the cost of the
services. The fee shall not exceed the reasonable cost of the
services. The fee shall be based upon the person’s ability
to pay and consideration of the fee’s impact upon the liable
person’s family and the goals identified in the case permanency
plan. The department may assess the liable person for the fee
and the means of recovery shall include a setoff against an
amount owed by a state agency to the person assessed pursuant
to section 8A.504. In addition the department may establish
an administrative process to recover the assessment through
automatic income withholding. The department shall adopt
rules pursuant to chapter 17A to implement the provisions of
this section. This section does not apply to court-ordered
services provided to juveniles which are a charge upon the
state pursuant to section 232.141 and services for which the
department has established a support obligation pursuant to
section 234.39.
Sec. 674. Section 234.12, Code 2023, is amended to read as
follows:
234.12 Department to provide food programs.
1. The department of human services is authorized to
may enter into such agreements with agencies of the federal
government as are necessary in order to make available to the
people of this state any federal food programs which may, under
federal laws and regulations, be implemented in this state.
Each such program shall be implemented in every county in the
state, or in each county where implementation is permitted by
federal laws and regulations.
2. The provisions of the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, Pub.L.
-427-No.104-193, §115, shall not apply to an applicant for or
recipient of food stamp supplemental nutrition assistance
program benefits in this state. However, the department of
human services may apply contingent eligibility requirements as
provided under state law and allowed under federal law.
3. Upon request by the department of human services,
the department of inspections and appeals shall conduct
investigations into possible fraudulent practices, as described
in section 234.13, relating to food programs administered by
the department of human services.
Sec. 675. Section 234.12A, Code 2023, is amended to read as
follows:
234.12A Electronic benefits transfer program.
1. The department of human services shall maintain an
electronic benefits transfer program utilizing electronic funds
transfer systems for the food supplemental nutrition assistance
program. The electronic benefits transfer program implemented
under this section shall not require a retailer to make cash
disbursements or to provide, purchase, or upgrade electronic
funds transfer system equipment as a condition of participation
in the program.
2. A point-of-sale terminal which is used only for purchases
from a retailer by electronic benefits transfer utilizing
electronic funds transfer systems is not a satellite terminal
as defined in section 527.2.
3. For the purposes of this section, “retailer” means
a business authorized by the United States department of
agriculture to accept food supplemental nutrition assistance
program benefits.
Sec. 676. Section 234.13, Code 2023, is amended to read as
follows:
234.13 Fraudulent practices relating to food programs.
For the purposes of this section, unless the context
otherwise requires, “benefit transfer instrument” means a
food stamp supplemental nutrition assistance program coupon,
-428-authorization-to-purchase card, or electronic benefits transfer
card. A person commits a fraudulent practice if that person
does any of the following:
1. With intent to gain financial assistance to which that
person is not entitled, knowingly makes or causes to be made a
false statement or representation or knowingly fails to report
to an employee of the department of human services any change
in income, resources or other circumstances affecting that
person’s entitlement to such financial assistance.
2. As a beneficiary of the food programs, transfers any
food stamp supplemental nutrition assistance program benefit
transfer instrument to any other individual with intent that
the benefit transfer instrument be used for the benefit of
someone other than persons within the beneficiary’s food
stamp supplemental nutrition assistance program household as
certified by the department of human services.
3. Knowingly acquires, uses or attempts to use any food
stamp supplemental nutrition assistance program benefit
transfer instrument which was not issued for the benefit of
that person’s food stamp supplemental nutrition assistance
program household by the department of human services, or by an
agency administering food programs in another state.
4. Acquires, alters, transfers, or redeems a food stamp
supplemental nutrition assistance benefit transfer instrument
or possesses a benefit transfer instrument, knowing that the
benefit transfer instrument has been received, transferred,
or used in violation of this section or the provisions of the
federal food stamp supplemental nutrition assistance program
under 7 U.S.C. ch.51 or the federal regulations issued
pursuant to that chapter.
Sec. 677. Section 234.14, Code 2023, is amended to read as
follows:
234.14 Federal grants.
The state treasurer is hereby authorized to may receive such
federal funds as may be made available for carrying out any of
-429-the activities and functions of the state division department
under this chapter, and all such funds are hereby appropriated
for expenditure upon authorization of the administrator
director.
Sec. 678. Section 234.21, Code 2023, is amended to read as
follows:
234.21 Services to be offered.
The state division department may offer, provide to,
or purchase family planning and birth control services to
for every person who is an eligible applicant or recipient
of service services or any financial assistance from the
department of human services, or who is receiving federal
supplementary security income as defined in section 249.1.
Sec. 679. Section 234.22, Code 2023, is amended to read as
follows:
234.22 Extent of services.
Such The family planning and birth control services
may include interview interviews with trained personnel;
distribution of literature; referral to a licensed physician
or physician assistant for consultation, examination, tests,
medical treatment, and prescription prescriptions; and, to
the extent so prescribed, the distribution of rhythm charts,
drugs, medical preparations, contraceptive devices, and similar
products.
Sec. 680. Section 234.23, Code 2023, is amended to read as
follows:
234.23 Charge for services.
In making provision for and offering such services, the
state division department may charge those persons to whom
family planning and birth control services are rendered a fee
sufficient to reimburse the state division department all or
any portion of the costs of the services rendered.
Sec. 681. Section 234.35, Code 2023, is amended to read as
follows:
234.35 When state to pay foster care costs.
-430- 1. The department of human services is responsible for
paying the cost of foster care for a child, according to rates
established pursuant to section 234.38, under any of the
following circumstances:
a. When a court has committed the child to the director of
human services or the director’s designee.
b. When a court has transferred legal custody of the child
to the department of human services.
c. When the department has agreed to provide foster care
services for the child for a period of not more than ninety
days on the basis of a signed placement agreement between the
department and the child’s parent or guardian.
d. When the child has been placed in emergency care for
a period of not more than thirty days upon approval of the
director or the director’s designee.
e. When a court has entered an order transferring the legal
custody of the child to a foster care placement pursuant to
section 232.46, section 232.52, subsection 2, paragraph “d”, or
section 232.102, subsection 1. However, payment shall not be
made for a group foster care placement unless the group foster
care meets requirements as established by the department by
rule.
f. When the department has agreed to provide foster care
services for a child who is eighteen years of age or older
on the basis of a signed placement agreement between the
department and the child or the person acting on behalf of the
child.
g. When the department has agreed to provide foster care
services for the child on the basis of a signed placement
agreement initiated before July 1, 1992, between the department
and the child’s parent or guardian.
h. When the child is placed in shelter care pursuant to
section 232.20, subsection 1, or section 232.21.
2. Except as provided under section 234.38 for direct
payment of foster parents, payment for foster care costs shall
-431-be limited to foster care providers with whom the department
has a contract in force.
3. Payment for foster care services provided to a child
who is eighteen years of age or older shall be limited to the
following:
a. Family foster care or supervised apartment living
arrangements.
b. For a child who is at imminent risk of becoming homeless
or failing to graduate from high school or to obtain a general
education development diploma, if the services are in the
child’s best interest, funding is available for the services,
and an appropriate alternative service is unavailable.
Sec. 682. Section 234.37, Code 2023, is amended to read as
follows:
234.37 Department may establish accounts for certain
children.
The department of human services is authorized to may
establish an account in the name of any child committed to
the director of human services or the director’s designee, or
whose legal custody has been transferred to the department, or
who is voluntarily placed in foster care pursuant to section
234.35. Any money which the child receives from the United
States government or any private source shall be placed in the
child’s account, unless a guardian of the child’s property has
been appointed and demands the money, in which case it shall
be paid to the guardian. The account shall be maintained by
the department as trustee for the child in an interest-bearing
account at a reputable bank or savings association, except
that if the child is residing at an institution administered
by the department a limited amount of the child’s funds may be
maintained in a separate account, which need not be interest
bearing, in the child’s name at the institution. Any money
held in an account in the child’s name or in trust for the
child under this section may be used, at the discretion of the
department and subject to restrictions lawfully imposed by the
-432-United States government or other source from which the child
receives the funds, for the purchase of personal incidentals,
desires and comforts of the child. All of the money held for
a child by the department under this section and not used
in the child’s behalf as authorized by law shall be promptly
paid to the child or the child’s parent or legal guardian upon
termination of the commitment of the child to the director or
the director’s designee, or upon transfer or cessation of legal
custody of the child by the department.
Sec. 683. Section 234.38, Code 2023, is amended to read as
follows:
234.38 Foster care reimbursement rates.
The department of human services shall make reimbursement
payments directly to foster parents for services provided to
children pursuant to section 234.6, subsection 1, paragraph
“e”, subparagraph (2), or section 234.35. In any fiscal
year, the reimbursement rate shall be based upon sixty-five
percent of the United States department of agriculture
estimate of the cost to raise a child in the calendar year
immediately preceding the fiscal year. The department may pay
an additional stipend for a child with special needs.
Sec. 684. Section 234.39, Code 2023, is amended to read as
follows:
234.39 Responsibility for cost of services.
1. It is the intent of this chapter that an individual
receiving foster care services and the individual’s parents or
guardians shall have primary responsibility for paying the cost
of the care and services. The support obligation established
and adopted under this section shall be consistent with the
limitations on legal liability established under sections
222.78 and 230.15, and by any other statute limiting legal
responsibility for support which may be imposed on a person for
the cost of care and services provided by the department. The
department shall notify an individual’s parents or guardians,
at the time of the placement of an individual in foster care,
-433-of the responsibility for paying the cost of care and services.
Support obligations shall be established as follows:
a. For an individual to whom section 234.35, subsection
1, is applicable, a dispositional order of the juvenile court
requiring the provision of foster care, or an administrative
order entered pursuant to chapter 252C, or any order
establishing paternity and support for a child in foster care,
shall establish, after notice and a reasonable opportunity to
be heard is provided to a parent or guardian, the amount of
the parent’s or guardian’s support obligation for the cost
of foster care provided by the department. The amount of
the parent’s or guardian’s support obligation and the amount
of support debt accrued and accruing shall be established in
accordance with the child support guidelines prescribed under
section 598.21B. However, the court, or the department of
human services in establishing support by administrative order,
may deviate from the prescribed obligation after considering
a recommendation by the department for expenses related to
goals and objectives of a case permanency plan as defined
under section 237.15, and upon written findings of fact which
specify the reason for deviation and the prescribed guidelines
amount. Any order for support shall direct the payment of the
support obligation to the collection services center for the
use of the department’s foster care recovery unit services.
The order shall be filed with the clerk of the district court
in which the responsible parent or guardian resides and has
the same force and effect as a judgment when entered in the
judgment docket and lien index. The collection services center
shall disburse the payments pursuant to the order and record
the disbursements. If payments are not made as ordered, the
child support recovery unit services may certify a default to
the court and the court may, on its own motion, proceed under
section 598.22 or 598.23 or the child support recovery unit
services may enforce the judgment as allowed by law. An order
entered under this paragraph may be modified only in accordance
-434-with the guidelines prescribed under section 598.21C, or under
chapter 252H.
b. For an individual who is served by the department of
human services under section 234.35, and is not subject to
a dispositional order of the juvenile court requiring the
provision of foster care, the department shall determine the
obligation of the individual’s parent or guardian pursuant
to chapter 252C and in accordance with the child support
guidelines prescribed under section 598.21B. However, the
department may adjust the prescribed obligation for expenses
related to goals and objectives of a case permanency plan
as defined under section 237.15. An obligation determined
under this paragraph may be modified only in accordance with
conditions under section 598.21C, or under chapter 252H.
2. A person entitled to periodic support payments pursuant
to an order or judgment entered in any action for support,
who also is or has a child receiving foster care services, is
deemed to have assigned to the department current and accruing
support payments attributable to the child effective as of the
date the child enters foster care placement, to the extent
of expenditure of foster care funds. The department shall
notify the clerk of the district court when a child entitled
to support payments is receiving foster care services pursuant
to chapter 234. Upon notification by the department that a
child entitled to periodic support payments is receiving foster
care services, the clerk of the district court shall make a
notation of the automatic assignment in the judgment docket and
lien index. The notation constitutes constructive notice of
assignment. The clerk of court shall furnish the department
with copies of all orders and decrees awarding support when
the child is receiving foster care services. At the time the
child ceases to receive foster care services, the assignment
of support shall be automatically terminated. Unpaid support
accrued under the assignment of support rights during the time
that the child was in foster care remains due to the department
-435-up to the amount of unreimbursed foster care funds expended.
The department shall notify the clerk of court of the automatic
termination of the assignment. Unless otherwise specified in
the support order, an equal and proportionate share of any
child support awarded shall be presumed to be payable on behalf
of each child subject to the order or judgment for purposes of
an assignment under this section.
3. The support debt for the costs of services, for which
a support obligation is established pursuant to this section,
which accrues prior to the establishment of the support debt,
shall be collected, at a maximum, in the amount which is the
amount of accrued support debt for the three months preceding
the earlier of the following:
a. The provision by the child support recovery unit services
of the initial notice to the parent or guardian of the amount
of the support obligation.
b. The date that the written request for a court hearing
is received by the child support recovery unit services as
provided in section 252C.3 or 252F.3.
4. If the department makes a subsidized guardianship
payment for a child, the payment shall be considered a foster
care payment for purposes of child support recovery services.
All provisions of this and other sections, and of rules and
orders adopted or entered pursuant to those sections, including
for the establishment of a paternity or support order, for
the amount of a support obligation, for the modification or
adjustment of a support obligation, for the assignment of
support, and for enforcement shall apply as if the child
were receiving foster care services, or were in foster care
placement, or as if foster care funds were being expended for
the child. This subsection shall apply regardless of the date
of placement in foster care or subsidized guardianship or the
date of entry of an order, and foster care and subsidized
guardianship shall be considered the same for purposes of child
support recovery services.
-436- Sec. 685. Section 234.40, Code 2023, is amended to read as
follows:
234.40 Corporal punishment.
The department of human services shall adopt rules
prohibiting corporal punishment of foster children by foster
parents licensed by the department. The rules shall allow
foster parents to use reasonable physical force to restrain a
foster child in order to prevent injury to the foster child,
injury to others, the destruction of property, or extremely
disruptive behavior. For the purposes of this section,
“corporal punishment” means the intentional physical punishment
of a foster child. A foster parent’s physical contact with
the body of a foster child shall not be considered corporal
punishment if the contact is reasonable and necessary under the
circumstances and is not designed or intended to cause pain or
if the foster parent uses reasonable force, as defined under
section 704.1.
Sec. 686. Section 234.41, Code 2023, is amended to read as
follows:
234.41 Tort actions.
A foster parent licensed by the department of human services
stands in the same relationship to the foster parent’s minor
foster child, for purposes of tort actions by or on behalf of
the foster child against the foster parent, as a biological
parent to the biological parent’s minor child who resides at
home. This section does not apply to a foster parent whose
malicious, willful and wanton conduct causes injury or damage
to a foster child or exposes the foster child to a danger
caused by violation of a statute or the rules of the department
of human services.
Sec. 687. Section 234.45, Code 2023, is amended to read as
follows:
234.45 Iowa marriage initiative grant fund.
1. An Iowa marriage initiative grant fund is established
in the state treasury under the authority of the department
-437-of human services. The grant fund shall consist of moneys
appropriated to the fund and notwithstanding section 8.33 such
moneys shall not revert to the fund from which appropriated
at the close of the fiscal year but shall remain in the Iowa
marriage initiative grant fund. Moneys credited to the fund
shall be used as directed in appropriations made by the general
assembly for funding of services to support marriage and to
encourage the formation and maintenance of two-parent families
that are secure and nurturing.
2. It is the intent of the general assembly to credit to the
Iowa marriage initiative grant fund, federal moneys provided
to the state for the express purpose of supporting marriage or
two-parent families.
Sec. 688. Section 234.46, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The division department shall establish a preparation for
adult living program directed to young adults. The purpose
of the program is to assist persons who are leaving foster
care and other court-ordered services at age eighteen or
older in making the transition to self-sufficiency. The
department shall adopt rules necessary for administration of
the program, including but not limited to eligibility criteria
for young adult participation and the services and other
support available under the program. The rules shall provide
for participation of each person who meets the definition of
young adult on the same basis, regardless of whether federal
financial participation is provided. The services and other
support available under the program may include but are not
limited to any of the following:
Sec. 689. Section 234.47, Code 2023, is amended to read as
follows:
234.47 State child care assistance and adoption subsidy
programs — expenditure projections.
The department of human services, the department of
management, and the legislative services agency shall utilize
-438-a joint process to arrive at consensus projections for
expenditures for the state child care assistance program under
section 237A.13 and adoption subsidy and other assistance
provided under section 600.17.
Sec. 690. Section 235.1, Code 2023, is amended to read as
follows:
235.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the same as defined in section
234.1.
2. 1. “Child” means the same as defined in section 234.1.
3. 2. “Child welfare services” means social welfare
services for the protection and care of children who are
homeless, dependent or neglected, or in danger of becoming
delinquent, or who have a mental illness or an intellectual
disability or other developmental disability, including, when
necessary, care and maintenance in a foster care facility.
Child welfare services are designed to serve a child in the
child’s home whenever possible. If not possible, and the child
is placed outside the child’s home, the placement should be in
the least restrictive setting available and in close proximity
to the child’s home.
4. “State division” means the same as defined in section
234.1.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
Sec. 691. Section 235.2, Code 2023, is amended to read as
follows:
235.2 Powers and duties of state division department.
The state division department, in addition to all other
powers and duties given it the department by law, shall:
1. Administer and enforce the provisions of this chapter.
-439- 2. Join and cooperate with the government of the United
States through its appropriate agency or instrumentality or
with any other officer or agency of the federal government in
planning, establishing, extending and strengthening public and
private child welfare services within the state.
3. Make such investigations Investigate and to obtain such
information as will to permit the administrator director to
determine the need for public child welfare services within the
state and within the several county departments thereof.
4. Apply for and receive any funds which are or may be
allotted to the state by the United States or any agency
thereof of the United States for the purpose of developing
child welfare services.
5. Make such reports and budget estimates to the governor
and to the general assembly as are required by law or such as
are necessary and proper to obtain the appropriation of state
funds for child welfare services within the state and for all
the purposes of this chapter.
6. Cooperate with the several county departments within the
state, and all county boards of supervisors and other public
or private agencies charged with the protection and care of
children, in the development of child welfare services.
7. Aid in the enforcement of all laws of the state for the
protection and care of children.
8. Cooperate with the juvenile courts of the state and with
the other administrators and divisions of the subunits within
the department of human services regarding the management and
control of state institutions and the inmates thereof of the
institutions.
Sec. 692. Section 235.3, Code 2023, is amended to read as
follows:
235.3 Powers and duties of administrator director.
The administrator director shall:
1. Plan and supervise all public child welfare services and
activities within the state as provided by this chapter.
-440- 2. Make such reports and obtain and furnish such information
from time to time as may be necessary to permit cooperation by
the state division director with the United States children’s
bureau, the social security administration, or any other
federal agency which is now or may hereafter be charged with
any duty regarding child care or child welfare services.
3. Adopt rules as necessary or advisable for the supervision
of the private child-caring agencies or their officers which
the administrator department is empowered to license and
supervise.
4. Supervise private institutions for the care of
dependent, neglected, and delinquent children, and make reports
regarding the institutions.
5. Designate and approve the private and county
institutions within the state to which neglected, dependent,
and delinquent children may be legally committed and to have
supervision of, supervise the care of children committed
thereto to these institutions, and have the right of visitation
to visit and inspection of said inspect these institutions at
all times.
6. Receive and keep on file annual reports from all
institutions to which children subject to the jurisdiction
of the juvenile court are committed, compile statistics
regarding juvenile delinquency, make reports regarding
juvenile delinquency, and study prevention and cure of juvenile
delinquency.
7. Require and receive from the clerks of the courts of
record within the state duplicates of the findings of the
courts upon petitions for adoption, and keep records and
compile statistics regarding adoptions.
8. License private child-placing agencies, make reports
regarding them the agencies, and revoke such licenses.
9. Make such rules and regulations as may be necessary
for the distribution and use of funds appropriated for child
welfare services.
-441- Sec. 693. Section 235.4, Code 2023, is amended to read as
follows:
235.4 Licenses.
Licenses issued to private boarding homes for children and
private child-placing agencies by the administrator department
shall remain in effect for the period for which issued, unless
sooner revoked according to law. Thereafter each of such the
agencies shall apply to the administrator department for a new
license, and shall submit to such rules regarding licensing as
the administrator prescribes prescribed by the department.
Sec. 694. Section 235.7, Code 2023, is amended to read as
follows:
235.7 Transition committees.
1. Committees established. The department of human services
shall establish and maintain local transition committees to
address the transition needs of those children receiving child
welfare services who are age sixteen or older and have a case
permanency plan as defined in section 232.2. The department
shall adopt rules establishing criteria for transition
committee membership, operating policies, and basic functions.
The rules shall provide flexibility for a committee to adopt
protocols and other procedures appropriate for the geographic
area addressed by the committee.
2. Membership. The department may authorize the governance
boards of decategorization of child welfare and juvenile
justice funding projects established under section 232.188 to
appoint the transition committee membership and may utilize
the boundaries of decategorization projects to establish
the service areas for transition committees. The committee
membership may include but is not limited to department of
human services staff involved with foster care, child welfare,
and adult services, juvenile court services staff, staff
involved with county general assistance or emergency relief
under chapter 251 or 252, or a regional administrator of the
county mental health and disability services region, as defined
-442-in section 331.388, in the area, school district and area
education agency staff involved with special education, and a
child’s court appointed special advocate, guardian ad litem,
service providers, and other persons knowledgeable about the
child.
3. Duties. A transition committee shall review and approve
the written plan of services required for the child’s case
permanency plan in accordance with section 232.2, subsection 4,
paragraph “g”, which, based upon an assessment of the child’s
needs, would assist the child in preparing for the transition
from foster care to adulthood. In addition, a transition
committee shall identify and act to address any gaps existing
in the services or other support available to meet the child
and adult needs of individuals for whom service plans are
approved.
Sec. 695. Section 235A.1, Code 2023, is amended to read as
follows:
235A.1 Child abuse prevention program.
1. a. A program for the prevention of child abuse is
established within the state department of health and human
services. Any moneys appropriated by the general assembly for
child abuse prevention shall be used by the department of human
services solely for the purposes of child abuse prevention and
shall not be expended for treatment or other service delivery
programs regularly maintained by the department. Moneys
appropriated for child abuse prevention shall be used by the
department through contract with an agency or organization
which shall administer the funds with maximum use of voluntary
administrative services for the following:
(1) Matching federal funds to purchase services relating to
community-based programs for the prevention of child abuse and
neglect.
(2) Funding the establishment or expansion of
community-based prevention projects or educational programs for
the prevention of child abuse and neglect.
-443- (3) To study and evaluate Studying and evaluating
community-based prevention projects and educational programs
for the problems of families and children.
b. Funds for the programs or projects shall be applied
for and received by a community-based volunteer coalition or
council.
2. The director of health and human services may accept
grants, gifts, and bequests from any source for the purposes
designated in subsection 1. The director shall remit funds so
received to the treasurer of state who shall deposit them the
funds in the general fund of the state for the use of the child
abuse prevention program.
Sec. 696. Section 235A.2, Code 2023, is amended to read as
follows:
235A.2 Child abuse prevention program fund.
1. A child abuse prevention program fund is created in
the state treasury under the control of the department of
health and human services. The fund is composed of moneys
appropriated or available to and obtained or accepted by the
treasurer of state for deposit in the fund. The fund shall
include moneys transferred to the fund pursuant to an income
tax checkoff provided in chapter 422, subchapter II, if
applicable. All interest earned on moneys in the fund shall
be credited to and remain in the fund. Section 8.33 does not
apply to moneys in the fund.
2. Moneys in the fund that are authorized by the department
for expenditure are appropriated, and shall be used, for the
purposes described in section 235A.1 of preventing child abuse
and neglect.
Sec. 697. NEW SECTION. 235A.3 Child abuse prevention
program advisory committee.
The council on health and human services shall establish a
child abuse prevention program advisory committee to support
the child abuse prevention program implemented in accordance
with section 235A.1. The duties of the advisory committee
-444-shall include all of the following:
1. Advise the director of health and human services
regarding expenditures of funds received for the child abuse
prevention program.
2. Review the implementation and effectiveness of
legislation and administrative rules concerning the child abuse
prevention program.
3. Recommend changes in legislation and administrative
rules to the general assembly and the appropriate department
officials.
4. Require reports from state agencies and other entities as
necessary to perform its duties.
5. Receive and review complaints from the public concerning
the operation and management of the child abuse prevention
program.
6. Approve grant proposals.
Sec. 698. Section 235A.13, Code 2023, is amended to read as
follows:
235A.13 Definitions.
The definitions in section 232.68 are applicable to this
subchapter unless the context otherwise requires.As used
in chapter 232, subchapter III, part 2, and this subchapter,
unless the context otherwise requires:
1. “Assessment data” means any of the following information
pertaining to the department’s evaluation of a family:
a. Identification of the strengths and needs of the child,
and of the child’s parent, home, and family.
b. Identification of services available from the department
and informal and formal services and other support available in
the community to meet identified strengths and needs.
2. “Child abuse information” means any or all of the
following data maintained by the department in a manual or
automated data storage system and individually identified:
a. Report data.
b. Assessment data.
-445- c. Disposition data.
3. “Confidentiality” means the withholding of information
from any manner of communication, public or private.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
6. “Disposition data” means information pertaining to
an opinion or decision as to the occurrence of child abuse,
including:
a. Any intermediate or ultimate opinion or decision reached
by assessment personnel.
b. Any opinion or decision reached in the course of judicial
proceedings.
c. The present status of any case.
6. 7. “Expungement” means the process of destroying child
abuse information.
7. 8. “Individually identified” means any report,
assessment, or disposition data which names the person or
persons responsible or believed responsible for the child
abuse.
8. 9. “Multidisciplinary team” means a group of individuals
who possess knowledge and skills related to the diagnosis,
assessment, and disposition of child abuse cases and who are
professionals practicing in the disciplines of medicine,
nursing, public health, substance abuse use disorder, domestic
violence, mental health, social work, child development,
education, law, juvenile probation, or law enforcement, or a
group established pursuant to section 235B.1, subsection 1.
9. 10. “Near fatality” means an injury to a child that,
as certified by a physician or physician assistant, placed the
child in serious or critical condition.
10. 11. “Report data” means any of the following
information pertaining to an assessment of an allegation of
child abuse in which the department has determined the alleged
-446-child abuse meets the definition of child abuse:
a. The name and address of the child and the child’s parents
or other persons responsible for the child’s care.
b. The age of the child.
c. The nature and extent of the injury, including evidence
of any previous injury.
d. Additional information as to the nature, extent, and
cause of the injury, and the identity of the person or persons
alleged to be responsible for the injury.
e. The names and conditions of other children in the child’s
home.
f. A recording made of an interview conducted under chapter
232 in association with a child abuse assessment.
g. Any other information believed to be helpful in
establishing the information in paragraph “d”.
11. 12. “Sealing” means the process of removing child abuse
information from authorized access as provided by this chapter.
Sec. 699. Section 235A.14, Code 2023, is amended to read as
follows:
235A.14 Creation and maintenance of a central registry.
1. There is created within the state department of
human services a central registry for certain child abuse
information. The department shall organize and staff the
registry and adopt rules for its operation.
2. The registry shall collect, maintain and disseminate
child abuse information as provided for by this chapter.
3. The department shall maintain a toll-free telephone
line, which shall be available on a twenty-four hour a day
twenty-four-hour-a-day, seven-day a week seven-day-a-week
basis and which the department of humanservices and all other
persons may use to report cases of suspected child abuse
and that all persons authorized by this chapter may use for
obtaining child abuse information.
4. An oral report of suspected child abuse initially made to
the central registry shall be immediately transmitted by the
-447-department to the appropriate county department of social human
services or law enforcement agency, or both.
5. The registry, upon receipt of a report of suspected
child abuse, shall search the records of the registry, and
if the records of the registry reveal any previous report of
child abuse involving the same child or any other child in
the same family, or if the records reveal any other pertinent
information with respect to the same child or any other child
in the same family, the appropriate office of the department of
human services or law enforcement agency shall be immediately
notified of that fact.
6. The central registry shall include report data and
disposition data which is subject to placement in the central
registry under section 232.71D. The central registry shall not
include assessment data.
Sec. 700. Section 235A.15, subsection 2, paragraph b,
subparagraphs (2) and (4), Code 2023, are amended to read as
follows:
(2) To an employee or agent of the department of human
services responsible for the assessment of a child abuse
report.
(4) To a multidisciplinary team, or to parties to an
interagency agreement entered into pursuant to section 280.25,
if the department of human services approves the composition of
the multidisciplinary team or the relevant provisions of the
interagency agreement and determines that access to the team
or to the parties to the interagency agreement is necessary
to assist the department in the diagnosis, assessment, and
disposition of a child abuse case.
Sec. 701. Section 235A.15, subsection 2, paragraph c,
subparagraph (8), Code 2023, is amended to read as follows:
(8) To an administrator of an agency certified by the
department of human services to provide services under a
medical assistance home and community-based services waiver,
if the data concerns a person employed by or being considered
-448-by the agency for employment.
Sec. 702. Section 235A.15, subsection 2, paragraph e,
subparagraphs (6), (8), and (12), Code 2023, are amended to
read as follows:
(6) To the attorney for the department of human services who
is responsible for representing the department.
(8) To an employee or agent of the department of human
services regarding a person who is providing child care if the
person is not registered or licensed to operate a child care
facility.
(12) To the department of human services for a record check
relating to employment or residence pursuant to section 218.13.
Sec. 703. Section 235A.15, subsection 7, Code 2023, is
amended to read as follows:
7. If the director of human services receives a written
request for information regarding a specific case of child
abuse involving a fatality or near fatality to a child from the
majority or minority leader of the senate or the speaker or the
minority leader of the house of representatives, the director
or the director’s designee shall arrange for a confidential
meeting with the requestor or the requestor’s designee. In the
confidential meeting the director or the director’s designee
shall share all pertinent information concerning the case,
including but not limited to child abuse information. Any
written document distributed by the director or the director’s
designee at the confidential meeting shall not be removed
from the meeting and a participant in the meeting shall be
subject to the restriction on redissemination of confidential
information applicable to a person under section 235A.17,
subsection 3, for confidential information disclosed to the
participant at the meeting. A participant in the meeting
may issue a report to the governor or make general public
statements concerning the department’s handling of the case of
child abuse.
Sec. 704. Section 235A.15, subsection 9, unnumbered
-449-paragraph 1, Code 2023, is amended to read as follows:
If, apart from a request made pursuant to subsection 7
or 8, the department receives from a member of the public a
request for information relating to a case of founded child
abuse involving a fatality or near fatality to a child, the
response to the request shall be made in accordance with this
subsection and subsections 10 and 11. If the request is
received before or during performance of an assessment of the
case in accordance with section 232.71B, the director of human
services or the director’s designee shall initially disclose
whether or not the assessment will be or is being performed.
Otherwise, within five business days of receiving the request
or completing the assessment, whichever is later, the director
of human services or the director’s designee shall consult
with the county attorney responsible for prosecution of any
alleged perpetrator of the fatality or near fatality and shall
disclose information, including but not limited to child abuse
information, relating to the case, except for the following:
Sec. 705. Section 235A.15, subsection 10, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The information released by the director of human services
or the director’s designee pursuant to a request made under
subsection 9 relating to a case of founded child abuse
involving a fatality or near fatality to a child shall include
all of the following, unless such information is excepted from
disclosure under subsection 9:
Sec. 706. Section 235A.15, subsection 11, paragraph b, Code
2023, is amended to read as follows:
b. If release of social services information in addition to
that released under subsection 10, paragraph “c”, is believed
to be in the public’s interest and right to know, the director
of human services or the director’s designee may apply to
the court under section 235A.24 requesting a review of the
information proposed for release and an order authorizing
release of the information. A release of information that
-450-would otherwise be confidential under section 217.30 concerning
social services provided to the child or the child’s family
shall not include information concerning financial or medical
assistance provided to the child or the child’s family.
Sec. 707. Section 235A.15, subsection 12, Code 2023, is
amended to read as follows:
12. If an individual who is the subject of a child abuse
report listed in subsection 2, paragraph “a”, or another party
involved in an assessment under section 232.71B releases
in a public forum or to the media information concerning a
case of child abuse including but not limited to child abuse
information which would otherwise be confidential, the director
of human services, or the director’s designee, may respond
with relevant information concerning the case of child abuse
that was the subject of the release. Prior to releasing the
response, the director or the director’s designee shall consult
with the child’s parent or guardian, or the child’s guardian ad
litem, and apply to the court under section 235A.24 requesting
a review of the information proposed for release and an order
authorizing release of the information.
Sec. 708. Section 235A.16, subsection 3, Code 2023, is
amended to read as follows:
3. Subsections 1 and 2 do not apply to child abuse
information that is disseminated to an employee of the
department of human services, to a juvenile court, or to the
attorney representing the department as authorized by section
235A.15.
Sec. 709. Section 235A.17, subsection 2, Code 2023, is
amended to read as follows:
2. The department of human services may notify orally the
mandatory reporter in an individual child abuse case of the
results of the case assessment and of the confidentiality
provisions of sections 235A.15 and 235A.21. The department
shall subsequently transmit a written notice to the mandatory
reporter of the results and confidentiality provisions. If
-451-the report data and disposition data have been placed in the
registry as founded child abuse pursuant to section 232.71D, a
copy of the written notice shall be transmitted to the registry
and shall be maintained by the registry as provided in section
235A.18. Otherwise, a copy of the written notice shall be
retained by the department with the case file.
Sec. 710. Section 235A.17, subsection 3, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Department of human services information described in
section 217.30, subsection 2.
Sec. 711. Section 235A.18, subsection 3, Code 2023, is
amended to read as follows:
3. The department of human services shall adopt rules
establishing the period of time child abuse information which
is not maintained in the central registry is retained by the
department.
Sec. 712. Section 235A.22, Code 2023, is amended to read as
follows:
235A.22 Education program.
The department of human services shall require an
educational program for employees of the department with access
to child abuse information on the proper use and control of
child abuse information.
Sec. 713. Section 235A.23, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services may compile statistics,
conduct research, and issue reports on child abuse, provided
identifying details of the subject of child abuse reports are
deleted from any report issued.
Sec. 714. Section 235A.24, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The director of human services or the director’s
designee may apply, if the conditions under section 235A.15,
subsection 11 or 12, are met, to the court requesting a
review of confidential information proposed for release and an
-452-order authorizing the release of information. A release of
information that would otherwise be confidential under section
217.30 concerning social services provided to the child or
the child’s family shall not include information concerning
financial or medical assistance provided to the child or the
child’s family.
Sec. 715. Section 235B.1, subsection 4, Code 2023, is
amended to read as follows:
4. a. The establishment of a dependent adult protective
advisory council. The advisory council shall do all of the
following:
(1) Advise the director of human services, the director
of the department on aging, the director of inspections and
appeals, and the director of public health, the director of the
department of corrections, and the director of human rights
regarding dependent adult abuse.
(2) Evaluate state law and rules and make recommendations
to the general assembly and to executive branch departments
regarding laws and rules concerning dependent adults.
(3) Receive and review recommendations and complaints from
the public, health care facilities, and health care programs
concerning the dependent adult abuse services program.
b. (1) The advisory council shall consist of twelve
members. Eight members shall be appointed by and serve at
the pleasure of the governor. Four of the members appointed
shall be appointed on the basis of knowledge and skill related
to expertise in the area of dependent adult abuse including
professionals practicing in the disciplines of medicine, public
health, mental health, long-term care, social work, law,
and law enforcement. Two of the members appointed shall be
members of the general public with an interest in the area of
dependent adult abuse and two of the members appointed shall
be members of the Iowa caregivers association. In addition,
the membership of the council shall include the director or the
director’s designee of the department of human services, the
-453-department on aging, the Iowa department of public health, and
the department of inspections and appeals.
(2) The members of the advisory council shall be appointed
to terms of four years beginning May 1. Appointments shall
comply with sections 69.16 and 69.16A. Vacancies shall be
filled in the same manner as the original appointment.
(3) Members shall receive actual expenses incurred while
serving in their official capacity.
(4) The advisory council shall select a chairperson,
annually, from its membership.
Sec. 716. Section 235B.2, Code 2023, is amended to read as
follows:
235B.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Caretaker” means a related or nonrelated person who
has the responsibility for the protection, care, or custody of
a dependent adult as a result of assuming the responsibility
voluntarily, by contract, through employment, or by order of
the court.
2. “Court” means the district court.
3. “Department” means the department of health and human
services.
4. “Dependent adult” means a person eighteen years of age or
older who is unable to protect the person’s own interests or
unable to adequately perform or obtain services necessary to
meet essential human needs, as a result of a physical or mental
condition which requires assistance from another, or as defined
by departmental rule.
5. a. “Dependent adult abuse” means:
(1) Any of the following as a result of the willful or
negligent acts or omissions of a caretaker:
(a) Physical injury to, or injury which is at a variance
with the history given of the injury, or unreasonable
confinement, unreasonable punishment, or assault of a dependent
-454-adult.
(b) The commission of a sexual offense under chapter 709 or
section 726.2 with or against a dependent adult.
(c) Exploitation of a dependent adult which means the act
or process of taking unfair advantage of a dependent adult
or the adult’s physical or financial resources, without the
informed consent of the dependent adult, including theft, by
the use of undue influence, harassment, duress, deception,
false representation, or false pretenses.
(d) The deprivation of the minimum food, shelter, clothing,
supervision, physical or mental health care, or other care
necessary to maintain a dependent adult’s life or health.
(2) The deprivation of the minimum food, shelter, clothing,
supervision, physical or mental health care, and other care
necessary to maintain a dependent adult’s life or health as a
result of the acts or omissions of the dependent adult.
(3) (a) Sexual exploitation of a dependent adult by a
caretaker.
(b) “Sexual exploitation” means any consensual or
nonconsensual sexual conduct with a dependent adult which
includes but is not limited to kissing; touching of the clothed
or unclothed inner thigh, breast, groin, buttock, anus, pubes,
or genitals; or a sex act, as defined in section 702.17.
“Sexual exploitation” includes the transmission, display, taking
of electronic images of the unclothed breast, groin, buttock,
anus, pubes, or genitals of a dependent adult by a caretaker
for a purpose not related to treatment or diagnosis or as
part of an ongoing assessment, evaluation, or investigation.
Sexual exploitation does not include touching which is part
of a necessary examination, treatment, or care by a caretaker
acting within the scope of the practice or employment of the
caretaker; the exchange of a brief touch or hug between the
dependent adult and a caretaker for the purpose of reassurance,
comfort, or casual friendship; or touching between spouses.
(4) (a) Personal degradation of a dependent adult by a
-455-caretaker.
(b) (i) “Personal degradation” means a willful act or
statement by a caretaker intended to shame, degrade, humiliate,
or otherwise harm the personal dignity of a dependent adult, or
where the caretaker knew or reasonably should have known the
act or statement would cause shame, degradation, humiliation,
or harm to the personal dignity of a reasonable person.
“Personal degradation” includes the taking, transmission,
or display of an electronic image of a dependent adult by a
caretaker, where the caretaker’s actions constitute a willful
act or statement intended to shame, degrade, humiliate, or
otherwise harm the personal dignity of the dependent adult, or
where the caretaker knew or reasonably should have known the
act would cause shame, degradation, humiliation, or harm to the
personal dignity of a reasonable person.
(ii) “Personal degradation” does not include any of the
following:
(A) The taking, transmission, or display of an electronic
image of a dependent adult for the purpose of reporting
dependent adult abuse to law enforcement, the department,
or any other regulatory agency that oversees caretakers or
enforces abuse or neglect provisions, or for the purpose of
treatment or diagnosis or as part of an ongoing investigation.
(B) The taking, transmission, or display of an electronic
image by a caretaker who takes, transmits, or displays the
electronic image in accordance with the confidentiality policy
and release of information or consent policies of a contractor,
employer, or facility or program not covered under section
235E.1, subsection 5, paragraph “a”, subparagraph (3).
(C) A statement by a caretaker who is the spouse of a
dependent adult that is not intended to shame, degrade,
humiliate, or otherwise harm the personal dignity of the
dependent adult spouse.
b. “Dependent adult abuse” does not include any of the
following:
-456- (1) Circumstances in which the dependent adult declines
medical treatment if the dependent adult holds a belief or is
an adherent of a religion whose tenets and practices call for
reliance on spiritual means in place of reliance on medical
treatment.
(2) Circumstances in which the dependent adult’s caretaker,
acting in accordance with the dependent adult’s stated or
implied consent, declines medical treatment if the dependent
adult holds a belief or is an adherent of a religion whose
tenets and practices call for reliance on spiritual means in
place of reliance on medical treatment.
(3) The withholding or withdrawing of health care from
a dependent adult who is terminally ill in the opinion of a
licensed physician, when the withholding or withdrawing of
health care is done at the request of the dependent adult or at
the request of the dependent adult’s next of kin, attorney in
fact, or guardian pursuant to the applicable procedures under
chapter 125, 144A, 144B, 222, 229, or 633.
6. “Director” means the director of health and human
services.
7. “Emergency shelter services” means and includes, but is
not limited to, secure crisis shelters or housing for victims
of dependent adult abuse.
7. 8. “Family or household member” means a spouse, a person
cohabiting with the dependent adult, a parent, or a person
related to the dependent adult by consanguinity or affinity,
but does not include children of the dependent adult who are
less than eighteen years of age.
8. 9. “Immediate danger to health or safety” means a
situation in which death or severe bodily injury could
reasonably be expected to occur without intervention.
9. 10. “Individual employed as an outreach person” means a
natural person who, in the course of employment, makes regular
contacts with dependent adults regarding available community
resources.
-457- 10. 11. “Legal holiday” means a legal public holiday as
defined in section 1C.1.
11. 12. “Person” means person as defined in section 4.1.
12. 13. “Recklessly” means that a person acts or fails to
act with respect to a material element of a public offense,
when the person is aware of and consciously disregards a
substantial and unjustifiable risk that the material element
exists or will result from the act or omission. The risk must
be of such a nature and degree that disregard of the risk
constitutes a gross deviation from the standard conduct that a
reasonable person would observe in the situation.
13. 14. “Serious injury” means the same as defined in
section 702.18.
14. 15. “Support services” includes but is not limited
to community-based services including area agency on aging
assistance, mental health services, fiscal management, home
health services, housing-related services, counseling services,
transportation services, adult day services, respite services,
legal services, and advocacy services.
Sec. 717. Section 235B.3, Code 2023, is amended to read as
follows:
235B.3 Dependent adult abuse reports.
1. a. (1) The department shall receive dependent adult
abuse reports and shall collect, maintain, and disseminate the
reports by establishing a central registry for dependent adult
abuse information. The department shall evaluate the reports
expeditiously.
(2) However, the department of inspections and appeals
is solely responsible for the evaluation and disposition of
dependent adult abuse cases within facilities and programs
pursuant to chapter 235E and shall inform the department of
human services of such evaluations and dispositions pursuant
to section 235E.2.
(3) If, in the course of an assessment or evaluation
of a report of dependent adult abuse, the department of
-458-human services or the department of inspections and appeals
determines the case involves wages, workplace safety, or other
labor and employment matters under the jurisdiction of the
division of labor services of the department of workforce
development, the relevant portions of the case shall be
referred to the division.
(4) If, in the course of an assessment or evaluation
of a report of dependent adult abuse, the department of
human services or the department of inspections and appeals
determines that the case involves discrimination under the
jurisdiction of the civil rights commission, the relevant
portions of the case shall be referred to the commission.
b. Reports of dependent adult abuse which is the result
of the acts or omissions of the dependent adult shall be
collected and maintained in the files of the dependent adult
as assessments only and shall not be included in the central
registry.
c. A report of dependent adult abuse that meets the
definition of dependent adult abuse under section 235B.2,
subsection 5, paragraph “a”, subparagraph (1), subparagraph
division (a) or (d), or section 235B.2, subsection 5, paragraph
“a”, subparagraph (4), which the department determines is
minor, isolated, and unlikely to reoccur shall be collected
and maintained by the department as an assessment only for
a five-year period and shall not be included in the central
registry and shall not be considered to be founded dependent
adult abuse. However, a subsequent report of dependent adult
abuse that meets the definition of dependent adult abuse under
section 235B.2, subsection 5, paragraph “a”, subparagraph
(1), subparagraph division (a) or (d), or section 235B.2,
subsection 5, paragraph “a”, subparagraph (4), that occurs
within the five-year period and that is committed by the
caretaker responsible for the act or omission which was the
subject of the previous report of dependent adult abuse which
the department determined was minor, isolated, and unlikely to
-459-reoccur shall not be considered minor, isolated, and unlikely
to reoccur.
2. A person who, in the course of employment, examines,
attends, counsels, or treats a dependent adult and reasonably
believes the dependent adult has suffered abuse, shall report
the suspected dependent adult abuse to the department. Persons
required to report include all of the following:
a. A member of the staff of a community mental health
center.
b. A peace officer.
c. An in-home homemaker-home health aide.
d. An individual employed as an outreach person.
e. A health practitioner, as defined in section 232.68.
f. A member of the staff or an employee of a supported
community living service, sheltered workshop, or work activity
center.
g. A social worker.
h. A certified psychologist.
i. A massage therapist licensed pursuant to chapter 152C.
3. a. If a staff member or employee is required to report
pursuant to this section, the person shall immediately notify
the department and shall also immediately notify the person in
charge or the person’s designated agent.
b. The employer or supervisor of a person who is required to
or may make a report pursuant to this section shall not apply a
policy, work rule, or other requirement that interferes with
the person making a report of dependent adult abuse or that
results in the failure of another person to make the report.
4. An employee of a financial institution may report
suspected financial exploitation of a dependent adult to the
department.
5. Any other person who believes that a dependent adult has
suffered abuse may report the suspected abuse to the department
of human services.
6. Following the reporting of suspected dependent adult
-460-abuse, the department of human services or an agency approved
by the department shall complete an assessment of necessary
services and shall make appropriate referrals for receipt of
these services. The assessment shall include interviews with
the dependent adult, and, if appropriate, with the alleged
perpetrator of the dependent adult abuse and with any person
believed to have knowledge of the circumstances of the case.
The department may provide necessary protective services and
may establish a sliding fee schedule for those persons able to
pay a portion of the protective services.
7. Upon a showing of probable cause that a dependent
adult has been abused, a court may authorize a person, also
authorized by the department, to make an evaluation, to enter
the residence of, and to examine the dependent adult. Upon
a showing of probable cause that a dependent adult has been
financially exploited, a court may authorize a person, also
authorized by the department, to make an evaluation, and to
gain access to the financial records of the dependent adult.
8. If the department determines that disclosure is
necessary for the protection of a dependent adult, the
department may disclose to a subject of a dependent adult abuse
report referred to in section 235B.6, subsection 2, paragraph
“a”, that an individual is listed in the child or dependent
adult abuse registry or is required to register with the sex
offender registry in accordance with chapter 692A.
9. If, in the course of assessment, evaluation, or
investigation of a report of dependent adult abuse, the
department determines that disclosure is necessary for the
protection of a dependent adult’s resources, the department
may disclose the initiation and status of the dependent
adult abuse evaluation to the dependent adult’s bank, savings
association, credit union, broker-dealer as defined in section
502.102, subsection 4, investment advisor as defined in section
502.102, subsection 15, financial advisor, or other financial
institution, or the administrator as defined in section
-461-502.102, subsection 1.
10. The department shall inform the appropriate county
attorneys of any reports of dependent adult abuse. The
department may request information from any person believed
to have knowledge of a case of dependent adult abuse. The
person, including but not limited to a county attorney, a law
enforcement agency, a multidisciplinary team, a social services
agency in the state, or any person who is required pursuant
to subsection 2 to report dependent adult abuse, whether or
not the person made the specific dependent adult abuse report,
shall cooperate and assist in the evaluation upon the request
of the department. If the department’s assessment reveals
that dependent adult abuse exists which might constitute a
criminal offense, a report shall be made to the appropriate
law enforcement agency. County attorneys and appropriate law
enforcement agencies shall also take any other lawful action
necessary or advisable for the protection of the dependent
adult.
a. If, upon completion of the evaluation or upon referral
from the department of inspections and appeals, the department
determines that the best interests of the dependent adult
require court action, the department shall initiate action for
the appointment of a guardian or conservator or for admission
or commitment to an appropriate institution or facility
pursuant to the applicable procedures under chapter 125, 222,
229, or 633, or shall pursue other remedies provided by law.
The appropriate county attorney shall assist the department in
the preparation of the necessary papers to initiate the action
and shall appear and represent the department at all district
court proceedings.
b. The department shall assist the court during all stages
of court proceedings involving a suspected case of dependent
adult abuse.
c. In every case involving abuse which is substantiated
by the department and which results in a judicial proceeding
-462-on behalf of the dependent adult, legal counsel shall be
appointed by the court to represent the dependent adult in
the proceedings. The court may also appoint a guardian ad
litem to represent the dependent adult if necessary to protect
the dependent adult’s best interests. The same attorney may
be appointed to serve both as legal counsel and as guardian
ad litem. Before legal counsel or a guardian ad litem is
appointed pursuant to this section, the court shall require
the dependent adult and any person legally responsible for
the support of the dependent adult to complete under oath
a detailed financial statement. If, on the basis of that
financial statement, the court deems that the dependent adult
or the legally responsible person is able to bear all or a
portion of the cost of the legal counsel or guardian ad litem,
the court shall so order. In cases where the dependent adult
or the legally responsible person is unable to bear the cost
of the legal counsel or guardian ad litem, the expense shall
be paid by the county.
11. A person participating in good faith in reporting or
cooperating with or assisting the department in evaluating a
case of dependent adult abuse has immunity from liability,
civil or criminal, which might otherwise be incurred or
imposed based upon the act of making the report or giving the
assistance. The person has the same immunity with respect to
participating in good faith in a judicial proceeding resulting
from the report or cooperation or assistance or relating to the
subject matter of the report, cooperation, or assistance.
12. It shall be unlawful for any person or employer
to discharge, suspend, or otherwise discipline a person
required to report or voluntarily reporting an instance of
suspected dependent adult abuse pursuant to subsection 2 or
5, or cooperating with, or assisting the department of human
services in evaluating a case of dependent adult abuse, or
participating in judicial proceedings relating to the reporting
or cooperation or assistance based solely upon the person’s
-463-reporting or assistance relative to the instance of dependent
adult abuse. A person or employer found in violation of this
subsection is guilty of a simple misdemeanor.
13. A person required by this section to report a suspected
case of dependent adult abuse who knowingly and willfully fails
to do so commits a simple misdemeanor. A person required by
this section to report a suspected case of dependent adult
abuse who knowingly fails to do so or who knowingly, in
violation of subsection 3, interferes with the making of such a
report or applies a requirement that results in such a failure
is civilly liable for the damages proximately caused by the
failure.
14. The department of inspections and appeals shall adopt
rules which require facilities or programs to separate an
alleged dependent adult abuser from a victim following an
allegation of perpetration of abuse and prior to the completion
of an investigation of the allegation.
Sec. 718. Section 235B.5, Code 2023, is amended to read as
follows:
235B.5 Creation and maintenance of a central registry.
1. There is created within the department a central registry
for dependent adult abuse information. The department shall
organize and staff the registry and adopt rules for its
operation.
2. The registry shall collect, maintain, and disseminate
dependent adult abuse information as provided in this chapter.
3. The department shall maintain a toll-free telephone
line, which shall be available on a twenty-four-hour-a-day,
seven-day-a-week basis and which the department and all other
persons may use to report cases of suspected dependent adult
abuse and that all persons authorized by this chapter may use
for obtaining dependent adult abuse information.
4. An oral report of suspected dependent adult abuse
initially made to the central registry shall be immediately
transmitted by the department to the appropriate county
-464-department of human services or law enforcement agency, or
both.
5. An oral report of suspected dependent adult abuse
initially made to the central registry regarding a facility or
program as defined in section 235E.1 shall be transmitted by
the department to the department of inspections and appeals on
the first working day following the submitting of the report.
6. The registry, upon receipt of a report of suspected
dependent adult abuse, shall search the records of the
registry, and if the records of the registry reveal any
previous report of dependent adult abuse involving the same
adult or if the records reveal any other pertinent information
with respect to the same adult, the appropriate office of the
department of human services or the appropriate law enforcement
agency shall be immediately notified of that fact.
7. The central registry shall include but not be limited to
report data, investigation data, and disposition data.
Sec. 719. Section 235B.6, Code 2023, is amended to read as
follows:
235B.6 Authorized access.
1. Notwithstanding chapter 22, the confidentiality of all
dependent adult abuse information shall be maintained, except
as specifically provided by subsections 2 and 3.
2. Access to dependent adult abuse information other than
unfounded dependent adult abuse information is authorized only
to the following persons:
a. A subject of a report including all of the following:
(1) To an adult named in a report as a victim of abuse or to
the adult’s attorney or guardian ad litem.
(2) To a guardian or legal custodian, or that person’s
attorney, of an adult named in a report as a victim of abuse.
(3) To the person or the attorney for the person named in a
report as having abused an adult.
b. A person involved in an investigation of dependent adult
abuse including all of the following:
-465- (1) A health practitioner or mental health professional
who is examining, attending, or treating an adult whom such
practitioner or professional believes or has reason to believe
has been the victim of abuse or to a health practitioner or
mental health professional whose consultation with respect to
an adult believed to have been the victim of abuse is requested
by the department.
(2) An employee or agent of the department responsible for
the investigation of a dependent adult abuse report or for the
purpose of performing record checks as required under section
135C.33.
(3) A representative of the department involved in the
certification or accreditation of an agency or program
providing care or services to a dependent adult believed to
have been a victim of abuse.
(4) A law enforcement officer responsible for assisting in
an investigation of a dependent adult abuse allegation.
(5) A multidisciplinary team, if the department of human
services approves the composition of the multidisciplinary team
and determines that access to the team is necessary to assist
the department in the investigation, diagnosis, assessment, and
disposition of a case of dependent adult abuse.
(6) The mandatory reporter who reported the dependent adult
abuse in an individual case.
(7) Each board specified under chapter 147 and the Iowa
department of public health for the purpose of licensure,
certification or registration, disciplinary investigation, or
the renewal of licensure, certification or registration, or
disciplinary proceedings of health care professionals.
c. A person providing care to an adult including all of the
following:
(1) A licensing authority for a facility, including a
facility or program defined in section 235E.1, providing care
to an adult named in a report.
(2) A person authorized as responsible for the care or
-466-supervision of an adult named in a report as a victim of abuse
or a person named in a report as having abused an adult if
the court or registry deems access to dependent adult abuse
information by such person to be necessary.
(3) An employee or agent of the department responsible
for registering or licensing or approving the registration or
licensing of a person, or to an individual providing care to an
adult and regulated by the department.
(4) The legally authorized protection and advocacy agency
recognized pursuant to section 135C.2 if a person identified in
the information as a victim or a perpetrator of abuse resided
in or receives services from a facility, including a facility
or program defined in section 235E.1, or agency because the
person is diagnosed as having a developmental disability or a
mental illness.
(5) To an administrator of an agency certified by the
department of human services to provide services under a
medical assistance home and community-based services waiver,
if the information concerns a person employed by or being
considered by the agency for employment.
(6) To the administrator of an agency providing mental
health, intellectual disability, or developmental disability
services under a regional service system management plan
implemented in accordance with section 331.393, if the
information concerns a person employed by or being considered
by the agency for employment.
(7) To an administrator of a hospital licensed under chapter
135B if the data concerns a person employed or being considered
for employment by the hospital.
(8) An employee of an agency requested by the department
to provide case management or other services to the dependent
adult.
d. Relating to judicial and administrative proceedings,
persons including all of the following:
(1) A court upon a finding that information is necessary
-467-for the resolution of an issue arising in any phase of a case
involving dependent adult abuse.
(2) A court or agency hearing an appeal for correction
of dependent adult abuse information as provided in section
235B.10.
(3) An expert witness or a witness who testifies at any
stage of an appeal necessary for correction of dependent adult
abuse information as provided in section 235B.10.
(4) A court or administrative agency making a determination
regarding an unemployment compensation claim pursuant to
section 96.6.
(5) To a juvenile court involved in an adjudication or
disposition of a child that is the subject of a guardianship
proceeding under chapter 232D.
(6) To a district court upon a finding that data is
necessary for the resolution of an issue arising in any phase
of a case involving proceedings for a child guardianship under
chapter 232D.
e. Other persons including all of the following:
(1) A person conducting bona fide research on dependent
adult abuse, but without information identifying individuals
named in a dependent adult abuse report, unless having that
information open to review is essential to the research or
evaluation and the authorized registry officials give prior
written approval and the adult, the adult’s guardian or
guardian ad litem, and the person named in a report as having
abused an adult give permission to release the information.
(2) Registry or department personnel when necessary to the
performance of their official duties or a person or agency
under contract with the department to carry out official duties
and functions of the registry.
(3) The department of justice for the sole purpose of the
filing of a claim for reparation pursuant to sections 915.21
and 915.84.
(4) A legally constituted adult protection agency of
-468-another state which is investigating or treating an adult named
in a report as having been abused.
(5) The office of the attorney general.
(6) A health care facility administrator or the
administrator’s designee, following the appeals process, for
the purpose of hiring staff or continued employment of staff.
(7) To the administrator of an agency providing care to a
dependent adult in another state, for the purpose of performing
an employment background check.
(8) To the superintendent, or the superintendent’s
designee, of a school district or to the authorities in charge
of an accredited nonpublic school for purposes of a volunteer
or employment record check.
(9) The department of inspections and appeals for purposes
of record checks of applicants for employment with the
department of inspections and appeals.
(10) The state or a local long-term care ombudsman if the
victim resides in or the alleged perpetrator is an employee of
a long-term care facility as defined in section 231.4.
(11) The state office or local office of public guardian as
defined in section 231E.3, if the information relates to the
provision of legal services for a client served by the state or
local office of public guardian.
(12) A nursing program that is approved by the state board
of nursing under section 152.5, if the information relates to a
record check performed pursuant to section 152.5A.
(13) To the board of educational examiners created under
chapter 272 for purposes of determining whether a license,
certificate, or authorization should be issued, denied, or
revoked.
(14) The department on aging for the purposes of conducting
background checks of applicants for employment with the
department on aging.
(15) To the Iowa veterans home for purposes of record checks
of potential volunteers and volunteers in the Iowa veterans
-469-home.
(16) To the administrator of a certified nurse aide program,
if the data relates to a record check of a student of the
program performed pursuant to section 135C.33.
(17) To the administrator of a juvenile detention or shelter
care home, if the data relates to a record check of an existing
or prospective employee, resident, or volunteer for or in the
home.
(18) To the employer or prospective employer of a school bus
driver for purposes of an employment record check.
(19) To a free clinic as defined in section 135.24A for
purposes of record checks of potential volunteers and existing
volunteers at the free clinic.
(20) To a bank, savings association, credit union,
broker-dealer as defined in section 502.102, subsection 4,
investment advisor as defined in section 502.102, subsection
15, financial advisor, or other financial institution as deemed
necessary by the department to protect the dependent adult’s
resources.
(21) To the social security administration.
(22) To the administrator as defined in section 502.102,
subsection 1.
f. To a person who submits written authorization from
an individual allowing the person access to information on
the determination only on whether or not the individual who
authorized the access is named in a founded dependent adult
abuse report as having abused a dependent adult.
3. Access to unfounded dependent adult abuse information is
authorized only to those persons identified in subsection 2,
paragraph “a”, paragraph “b”, subparagraphs (2), (5), and (6),
and paragraph “e”, subparagraphs (2), (5), (10), (20), (21), and
(22).
Sec. 720. Section 235B.16, Code 2023, is amended to read as
follows:
235B.16 Information, education, and training requirements.
-470- 1. The department on aging, in cooperation with the
department, shall conduct a public information and education
program. The elements and goals of the program include but are
not limited to:
a. Informing the public regarding the laws governing
dependent adult abuse and the reporting requirements for
dependent adult abuse.
b. Providing caretakers with information regarding services
to alleviate the emotional, psychological, physical, or
financial stress associated with the caretaker and dependent
adult relationship.
c. Affecting public attitudes regarding the role of a
dependent adult in society.
2. The department, in cooperation with the department on
aging and the department of inspections and appeals, shall
institute a program of education and training for persons,
including members of provider groups and family members, who
may come in contact with dependent adult abuse. The program
shall include but is not limited to instruction regarding
recognition of dependent adult abuse and the procedure for the
reporting of suspected abuse.
3. The content of the continuing education required
pursuant to chapter 272C for a licensed professional providing
care or service to a dependent adult shall include, but is
not limited to, the responsibilities, obligations, powers,
and duties of a person regarding the reporting of suspected
dependent adult abuse, and training to aid the professional in
identifying instances of dependent adult abuse.
4. The department of inspections and appeals shall provide
training to investigators regarding the collection and
preservation of evidence in the case of suspected dependent
adult abuse.
5. a. For the purposes of this subsection, “licensing
board” means a board designated in section 147.13, the board of
educational examiners created in section 272.2, or a licensing
-471-board as defined in section 272C.1.
b. A person required to report cases of dependent adult
abuse pursuant to sections 235B.3 and 235E.2, other than a
physician whose professional practice does not regularly
involve providing primary health care to adults, shall
complete two hours of training relating to the identification
and reporting of dependent adult abuse within six months of
initial employment or self-employment which involves the
examination, attending, counseling, or treatment of adults
on a regular basis. Within one month of initial employment
or self-employment, the person shall obtain a statement of
the abuse reporting requirements from the person’s employer
or, if self-employed, from the department. The person shall
complete at least two hours of additional dependent adult abuse
identification and reporting training every three years. If
the person completes at least one hour of additional dependent
adult abuse identification and reporting training prior to the
three-year expiration period, the person shall be deemed in
compliance with the training requirements of this section for
an additional three years.
c. The core training curriculum relating to the
identification and reporting of dependent adult abuse, as
provided in paragraph “b”, shall be developed by the department
pursuant to subsection 2 and provided by the department.
d. An employer of a person required to report cases
of dependent adult abuse pursuant to sections 235B.3 and
235E.2 may provide supplemental training, specific to the
identification and reporting of dependent adult abuse as it
relates to the person’s professional practice, in addition to
the core training provided by the department.
e. A licensing board with authority over the license of
a person required to report cases of dependent adult abuse
pursuant to sections 235B.3 and 235E.2 shall require as a
condition of licensure that the person is in compliance with
the requirements for abuse training under this subsection.
-472-The licensing board shall require the person upon licensure
renewal to accurately document for the licensing board the
person’s completion of the training requirements. However,
the licensing board may adopt rules providing for waiver or
suspension of the compliance requirements, if the waiver or
suspension is in the public interest, applicable to a person
who is engaged in active duty in the military service of this
state or of the United States, to a person for whom compliance
with the training requirements would impose a significant
hardship, or to a person who is practicing a licensed
profession outside this state or is otherwise subject to
circumstances that would preclude the person from encountering
dependent adult abuse in this state.
f. For persons required to report cases of dependent
adult abuse pursuant to sections 235B.3 and 235E.2, who are
not engaged in a licensed profession that is subject to the
authority of a licensing board but are employed by a facility
or program subject to licensure, registration, or approval by a
state agency, the agency shall require as a condition of the
renewal of the facility’s or program’s licensure, registration,
or approval, that such persons employed by the facility or
program are in compliance with the training requirements of
this subsection.
g. For peace officers, the elected or appointed official
designated as the head of the agency employing the peace
officer shall ensure compliance with the training requirements
of this subsection.
h. For persons required to report cases of dependent adult
abuse pursuant to sections 235B.3 and 235E.2 who are employees
of state departments and political subdivisions of the state,
the department director or the chief administrator of the
political subdivision shall ensure the persons’ compliance with
the training requirements of this subsection.
6. The department shall require an educational program for
employees of the registry on the proper use and control of
-473-dependent adult abuse information.
Sec. 721. Section 235B.16A, Code 2023, is amended to read
as follows:
235B.16A Dependent adults — dependency assessments —
interagency training.
1. The dependent adult protective advisory council
established pursuant to section 235B.1 shall recommend a
uniform assessment instrument and process for adoption and use
by the department of human services and other agencies involved
with assessing a dependent adult’s degree of dependency
and determining whether dependent adult abuse has occurred.
However, this section shall not apply to dependent adult abuse
assessments and determinations made under chapter 235E.
2. The instrument and process design under subsection 1
shall address but is not limited to all of the following:
a. Evaluation of conformity with applicable federal law and
regulations on the part of the persons employing, housing, or
providing services to the dependent adult.
b. Provision for the final step in the dependency assessment
of a dependent adult to be a formal assessment of the existence
of risk to the health or safety of the individual or of the
degree of the individual’s impairment in ability under the
definition of dependent adult in section 235B.2.
c. If the assessment under paragraph “b” determines that a
risk to the health or safety of the individual exists or the
individual has a significant impairment in ability, and the
individual being assessed agrees, provision for a case manager
to be assigned to assist in preparing and implementing a safety
plan which includes protective services for the individual.
d. If the assessment under paragraph “b” determines that
a risk to the health or safety of the individual exists or
the individual has a significant impairment in ability, the
individual being assessed does not agree to the safety plan
provisions under paragraph “c” or accept other services, and
the options available under sections 235B.17, 235B.18, and
-474-235B.19 are not utilized, provision for the department of human
services to maintain periodic contact with the individual in
accordance with rules adopted for this purpose. The purpose
of the contact is to assess any increased risk or impairment
and to monitor the individual’s goals, feelings, and concerns
so that the department can intervene when necessary or
offer services and other support to maintain or sustain the
individual’s safety and independence when the individual is
ready to agree to a safety plan or accept services.
3. The department of human services and other agencies
involved with assessing a dependent adult’s degree of
dependency and whether dependent adult abuse has occurred shall
adopt rules and take other steps necessary to implement the
uniform assessment instrument and process addressed by this
section on or before July 1, 2010.
4. The department of human services shall cooperate with
the department on aging, the departments of inspections
and appeals, public health, public safety, and workforce
development, the civil rights commission, and other state and
local agencies performing inspections or otherwise visiting
residential settings where dependent adults live, to regularly
provide training to the appropriate staff in the agencies
concerning each agency’s procedures involving dependent
adults, and to build awareness concerning dependent adults and
reporting of dependent adult abuse.
Sec. 722. Section 235E.2, subsection 1, paragraphs a and c,
Code 2023, are amended to read as follows:
a. The department shall receive and evaluate reports
of dependent adult abuse in facilities and programs. The
department shall inform the department of health and human
services of such evaluations and dispositions and those
individuals who should be placed on the central registry for
dependent adult abuse pursuant to section 235E.7. If the
department believes the situation involves an immediate danger
to the public health, safety, or welfare requiring immediate
-475-agency action to seek emergency placement on the central
registry, the department may utilize emergency adjudicative
proceedings pursuant to section 17A.18A.
c. A report of dependent adult abuse that meets the
definition of dependent adult abuse under section 235E.1,
subsection 5, paragraph “a”, subparagraph (1), subparagraph
division (a) or (d), or section 235E.1, subsection 5, paragraph
“a”, subparagraph (3), which the department determines is
minor, isolated, and unlikely to reoccur shall be collected
and maintained by the department of health and human services
as an assessment only for a five-year period and shall not be
included in the central registry and shall not be considered
to be founded dependent adult abuse. A subsequent report of
dependent adult abuse that meets the definition of dependent
adult abuse under section 235E.1, subsection 5, paragraph “a”,
subparagraph (1), subparagraph division (a) or (d), or section
235E.1, subsection 5, paragraph “a”, subparagraph (3), that
occurs within the five-year period, and that is committed by
the caretaker responsible for the act or omission which was the
subject of the previous report of dependent adult abuse which
the department determined was minor, isolated, and unlikely to
reoccur, may be considered minor, isolated, and unlikely to
reoccur depending on the circumstances of the report.
Sec. 723. Section 235E.2, subsection 5, Code 2023, is
amended to read as follows:
5. Any other person who believes that a dependent adult
has suffered dependent adult abuse may report the suspected
dependent adult abuse to the department of inspections and
appeals. The department of inspections and appeals shall
transfer any reports received of dependent adult abuse in the
community to the department of health and human services. The
department of health and human services shall transfer any
reports received of dependent adult abuse in facilities or
programs to the department of inspections and appeals.
Sec. 724. Section 235E.2, subsection 6, paragraph a, Code
-476-2023, is amended to read as follows:
a. If, upon completion of an investigation, the department
determines that the best interests of the dependent adult
require court action, the department shall notify the
department of health and human services of the potential need
for a guardian or conservator or for admission or commitment
to an appropriate institution or facility pursuant to the
applicable procedures under chapter 125, 222, 229, or 633, or
shall pursue other remedies provided by law. The appropriate
county attorney shall assist the department of health and human
services in the preparation of the necessary papers to initiate
the action and shall appear and represent the department of
health and human services at all district court proceedings.
Sec. 725. Section 235F.6, subsection 4, Code 2023, is
amended to read as follows:
4. The court may approve a consent agreement between the
parties entered into to bring about the cessation of elder
abuse. A consent agreement approved under this section shall
not contain any of the following:
a. A provision that prohibits any party to the action
from contacting or cooperating with any government agency
including the department of health and human services, the
department of inspections and appeals, the department on aging,
the department of justice, law enforcement, and the office of
long-term care ombudsman; a licensing or regulatory agency
that has jurisdiction over any license or certification held
by the defendant; a protection and advocacy agency recognized
in section 135C.2; or the defendant’s current employer if the
defendant’s professional responsibilities include contact with
vulnerable elders, dependent adults, or minors, if the party
contacting or cooperating has a good-faith belief that the
information is relevant to the duties or responsibilities of
the entity.
b. A provision that prohibits any party to the action from
filing a complaint with or reporting a violation of law to
-477-any government agency including the department of health and
human services, the department of inspections and appeals,
the department on aging, the department of justice, law
enforcement, and the office of long-term care ombudsman; a
licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
c. A provision that requires any party to the action to
withdraw a complaint filed with or a violation reported to
any government agency including the department of health and
human services, the department of inspections and appeals,
the department on aging, the department of justice, law
enforcement, and the office of long-term care ombudsman; a
licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
Sec. 726. Section 237.1, Code 2023, is amended to read as
follows:
237.1 Definitions.
As used in this chapter:
1. “Administrator” means the administrator of that division
of the department designated by the director of human services
to administer this chapter or the administrator’s designee.
2. 1. “Agency” means a person, as defined in section 4.1,
subsection 20, which provides child foster care and which does
not meet the definition of an individual in subsection 7 as
defined under this section.
3. 2. “Child” means child as defined in section 234.1,
subsection 2.
4. 3. “Child foster care” means the provision of parental
nurturing, including but not limited to the furnishing of
food, lodging, training, education, supervision, treatment,
or other care, to a child on a full-time basis by a person,
-478-including a relative of the child if the relative is licensed
under this chapter, but not including a guardian of the child.
“Child foster care” does not include any of the following care
situations:
a. Care furnished by an individual person who receives the
child of a personal friend as an occasional and personal guest
in the individual person’s home, free of charge and not as a
business.
b. Care furnished by an individual person with whom a child
has been placed for lawful adoption, unless that adoption is
not completed within two years after placement.
c. Care furnished by a private boarding school subject to
approval by the state board of education pursuant to section
256.11.
d. Child care furnished by a child care center, a child
development home, or a child care home as defined in section
237A.1.
e. Care furnished in a hospital licensed under chapter 135B
or care furnished in a nursing facility licensed under chapter
135C.
f. Care furnished by a relative of a child or an individual
person with a meaningful relationship with the child where the
child is not under the placement, care, or supervision of the
department.
4. “Council” means the council on health and human services.
5. “Department” means the department of health and human
services.
6. “Director” means the director of health and human
services.
7. “Facility” means the personnel, program, physical plant,
and equipment of a licensee.
7. 8. “Individual” means an individual person or a married
couple who provides child foster care in a single-family home
environment and which does not meet the definition of an agency
in subsection 2 under this section.
-479- 8. 9. “Licensee” means an individual or an agency licensed
by the administrator under this chapter.
9. 10. “Reasonable and prudent parent standard” means
the standard characterized by careful and sensible parenting
decisions that maintain the health, safety, and best interests
of a child, while at the same time encouraging the emotional
and developmental growth of a child, that a caregiver shall
use when determining whether to allow a child in foster care
under the placement, care, or supervision of the department to
participate in extracurricular, enrichment, cultural, or social
activities. For the purposes of this subsection, “caregiver”
means an individual or an agency licensed under this chapter
with which a child in foster care has been placed or a juvenile
shelter care home approved under chapter 232 in which a child
in foster care has been placed.
Sec. 727. Section 237.3, Code 2023, is amended to read as
follows:
237.3 Rules.
1. Except as otherwise provided by subsections 3 and 4,
the administrator department shall promulgate, after their
adoption by the council on human services, and enforce in
accordance with chapter 17A, administrative rules necessary
to implement this chapter. Formulation of the rules shall
include consultation with representatives of child foster care
providers, and other persons affected by this chapter. The
rules shall encourage the provision of child foster care in a
single-family, home environment, exempting the single-family,
home facility from inappropriate rules.
2. Rules applicable to licensees shall include but are not
limited to:
a. Types of facilities which include but are not limited to
group foster care facilities and family foster care homes.
b. The number, qualifications, character, and parenting
ability of personnel necessary to assure the health, safety and
welfare of children receiving child foster care.
-480- c. Programs for education and in-service training of
personnel.
d. The physical environment of a facility.
e. Policies for intake, assessment, admission and discharge.
f. Housing, health, safety, and medical care policies
for children receiving child foster care. The medical care
policies shall include but are not limited to all of the
following:
(1) Provision by the department to the foster care provider
at or before the time of a child’s placement of the child’s
health records and any other information possessed or known
about the health of the child or about a member of the child’s
family that pertains to the child’s health.
(2) If the health records supplied in accordance with
the child’s case permanency plan to the foster care provider
are incomplete or the provider requests specific health
information, provision for obtaining additional health
information from the child’s parent or other source and
supplying the additional information to the foster care
provider.
(3) Provision for emergency health coverage of the child
while the child is engaged in temporary out-of-state travel
with the child’s foster family.
g. (1) The adequacy of programs available to children
receiving child foster care provided by agencies, including but
not limited to:
(a) Dietary services.
(b) Social services.
(c) Activity programs.
(d) Behavior management procedures.
(e) Educational programs, including special education
as defined in section 256B.2, subsection 1, paragraph “b”,
where appropriate, which are approved by the state board of
education.
(2) The department shall not promulgate rules which
-481-regulate individual licensees in the subject areas enumerated
in this paragraph “g”.
h. Policies for involvement of biological parents.
i. Records a licensee is required to keep, and reports a
licensee is required to make to the administrator department.
j. Prior to the licensing of an individual as a foster
family home, a required, written social assessment of the
quality of the living situation in the home of the individual,
and a required compilation of personal references for the
individual other than those references given by the individual.
k. Elements of a foster care placement agreement outlining
rights and responsibilities associated with an individual
providing family foster care. The rights and responsibilities
shall include but are not limited to all of the following:
(1) Receiving information prior to the child’s placement
regarding risk factors concerning the child that are known to
the department, including but not limited to notice if the
child is required to register under chapter 692A.
(2) Having regularly scheduled meetings with each case
manager assigned to the child.
(3) Receiving access to any reports prepared by a service
provider who is working with the child unless the access is
prohibited by state or federal law.
3. Rules governing fire safety in facilities with child
foster care provided by agencies shall be promulgated by the
state fire marshal pursuant to section 100.1, subsection 5,
after consultation with the administrator director.
4. Rules governing sanitation, water and waste disposal
standards for facilities shall be promulgated by the Iowa
department of public health pursuant to section 135.11,
subsection 12, after consultation with the administrator
director.
5. In case of a conflict between rules promulgated pursuant
to subsections 3 and 4 and local rules, the more stringent
requirement applies.
-482- 6. Rules of the department shall not prohibit the licensing,
as foster family homes, of individuals who are departmental
employees not directly engaged in the administration of the
child foster care program pursuant to this chapter.
7. If an agency is accredited by the joint commission
on the accreditation of health care organizations under the
commission’s consolidated standards for residential settings
or by the council on accreditation of services for families
and children, the department shall modify facility licensure
standards applied to the agency in order to avoid duplicating
standards applied through accreditation.
8. The department, in consultation with the judicial
branch, the division of criminal and juvenile justice planning
of the department of human rights, residential treatment
providers, the foster care provider association, and other
parties which may be affected, shall review the licensing rules
pertaining to residential treatment facilities, and examine
whether the rules allow the facilities to accept and provide
effective treatment to juveniles with serious problems who
might not otherwise be placed in those facilities.
9. The department shall adopt rules specifying the elements
of a preadoptive care agreement outlining the rights and
responsibilities associated with a person providing preadoptive
care, as defined in section 232.2.
10. The department shall adopt rules to administer the
exception to the definition of child care in section 237A.1,
subsection 3, paragraph “l”, allowing a child care facility, for
purposes of providing respite care to a foster family home, to
provide care, supervision, or guidance of a child for a period
of twenty-four hours or more who is placed with the licensed
foster family home.
Sec. 728. Section 237.4, Code 2023, is amended to read as
follows:
237.4 License required — exceptions.
An individual or an agency, as defined in section 237.1,
-483-shall not provide child foster care unless the individual or
agency obtains a license issued by the administrator under this
chapter. However, a license is not required of the following:
1. An individual providing child foster care for a total of
not more than twenty days in one calendar year.
2. A residential care facility licensed under chapter 135C
which is approved for the care of children.
3. A hospital licensed under chapter 135B.
4. A health care facility licensed under chapter 135C.
5. A juvenile detention home or juvenile shelter care home
approved under section 232.142.
6. An institution listed in section 218.1.
7. A facility licensed under chapter 125.
8. An individual providing child care as a babysitter at the
request of a parent, guardian or relative having lawful custody
of the child.
Sec. 729. Section 237.5, Code 2023, is amended to read as
follows:
237.5 License application and issuance — denial, suspension,
or revocation — provisional licenses.
1. An individual or an agency shall apply for a license
by completing an application to the administrator department
upon forms furnished by the administrator department. The
administrator department shall issue or reissue a license if
the administrator department determines that the applicant or
licensee is or upon commencing operation will provide child
foster care in compliance with this chapter. An initial
license for an individual is valid for one year from the date
of issuance. After the first two years of licensure, a license
for an individual is valid for two years from the most recent
date of issuance except that the administrator department,
within the administrator’s director’s discretion and based upon
the performance of the licensee, may require annual renewal
of the license or may issue a provisional license pursuant to
subsection 3. A license for an agency is valid for up to three
-484-years from the date of issuance for the period determined by
the administrator department in accordance with administrative
rules providing criteria for making the determination. The
license shall state on its face the name of the licensee, the
type of facility, the particular premises for which the license
is issued, and the number of children who may be cared for by
the facility on the premises at one time. The license shall
be posted in a conspicuous place in the physical plant of the
facility, except that if the facility is in a single-family
home the license may be kept where it is readily available for
examination upon request.
2. The administrator department, after notice and
opportunity for an evidentiary hearing, may deny an application
for a license, and may suspend or revoke a license, if the
applicant or licensee violates this chapter or the rules
promulgated pursuant to this chapter, or knowingly makes
a false statement concerning a material fact or conceals
a material fact on the license application or in a report
regarding operation of the facility submitted to the
administrator department.
3. The administrator department may issue a provisional
license for not more than one year to a licensee whose
facility does not meet the requirements of this chapter, if
written plans to bring the facility into compliance with the
applicable requirements are submitted to and approved by the
administrator department. The plans shall state a specific
time when compliance will be achieved. Only one provisional
license shall be issued for a facility by reason of the same
deficiency.
Sec. 730. Section 237.6, Code 2023, is amended to read as
follows:
237.6 Restricted use of facility.
A licensee shall not furnish child foster care in a building
or on premises not designated in the license. A licensee
shall not furnish child foster care to a greater number of
-485-children than is designated in the license, unless authorized
by the administrator so authorizes department. Multiple
licenses authorizing separate and distinct parts of a facility
to provide different categories of child foster care may be
issued.
Sec. 731. Section 237.7, Code 2023, is amended to read as
follows:
237.7 Reports and inspections.
The administrator department may require submission of
reports by a licensee, and shall cause at least one annual
unannounced inspection of each facility to assess the quality
of the living situation and to determine compliance with
applicable requirements and standards. The inspections shall
be conducted by the department of inspections and appeals.
The director of the department of inspections and appeals
may examine records of a licensee, including but not limited
to corporate records and board minutes, and may inquire into
matters concerning a licensee and its employees relating to
requirements and standards for child foster care under this
chapter.
Sec. 732. Section 237.8, Code 2023, is amended to read as
follows:
237.8 Personnel.
1. A person shall not be allowed to provide services in a
facility if the person has a disease which is transmissible to
other persons through required contact in the workplace, which
presents a significant risk of infecting other persons, which
presents a substantial possibility of harming other persons, or
for which no reasonable accommodation can eliminate the risk of
infecting other persons.
2. a. (1) If a person is being considered for licensure
under this chapter, or for employment involving direct
responsibility for a child or in a facility where children
reside, by a licensee under this chapter, or if a person will
reside in a facility utilized by a licensee, and if the person
-486-has been convicted of a crime or has a record of founded child
abuse, the record check evaluation system of the department
and the licensee for an employee of the licensee shall perform
an evaluation to determine whether the crime or founded
child abuse warrants prohibition of licensure, employment,
or residence in the facility. The department record check
evaluation system shall conduct criminal and child abuse record
checks in this state and may conduct these checks in other
states. The evaluation shall be performed in accordance with
procedures adopted for this purpose by the department.
(2) If the criminal and child abuse record checks conducted
in this state under subparagraph (1) for an individual being
considered for licensure under this chapter, or for employment
involving direct responsibility for a child or in a facility
where children reside, by a licensee under this chapter, or
for an individual who will reside in a facility utilized by
a licensee, have been completed and the individual either
does not have a record of crime or founded child abuse or the
department’s record check evaluation system’s evaluation of
the record has determined that prohibition of the individual’s
licensure or employment is not warranted, the individual may
be provisionally approved for licensure or employment pending
the outcome of the fingerprint-based criminal history check
conducted pursuant to subparagraph (4).
(3) An individual being considered for licensure under this
chapter, or for employment involving direct responsibility for
a child or in a facility where children reside, by a licensee
under this chapter, or for an individual who will reside in a
facility utilized by a licensee, shall not be granted a license
or be employed and an evaluation shall not be performed under
this subsection if the individual has been convicted of any of
the following felony offenses:
(a) Within the five-year period preceding the application
date, a drug-related offense.
(b) Child endangerment or neglect or abandonment of a
-487-dependent person.
(c) Domestic abuse.
(d) A crime against a child, including but not limited to
sexual exploitation of a minor.
(e) A forcible felony.
(4) If an individual is being considered for licensure under
this chapter, or for employment involving direct responsibility
for a child or in a facility where children reside, by a
licensee under this chapter, or if an individual will reside
in a facility utilized by a licensee, or if an individual is
subject to licensure under this chapter as a foster parent,
in addition to the record checks conducted under subparagraph
(1), the individual’s fingerprints shall be provided to the
department of public safety for submission through the state
criminal history repository to the United States department
of justice, federal bureau of investigation for a national
criminal history check. The cost of the criminal history check
conducted under this subparagraph is the responsibility of the
department of human services.
(5) If the criminal and child abuse record checks conducted
in this state under subparagraph (1) for an individual being
considered for licensure as a foster parent have been completed
and the individual either does not have a record of crime
or founded abuse or the department’s record check evaluation
system’s evaluation of the record has determined that
prohibition of the individual’s licensure is not warranted, the
individual may be provisionally approved for licensure pending
the outcome of the fingerprint-based criminal history check
conducted pursuant to subparagraph (4).
(6) An individual applying to be a foster parent licensee
shall not be granted a license and an evaluation shall not be
performed under this subsection if the individual has been
convicted of any of the following felony offenses:
(a) Within the five-year period preceding the application
date, a drug-related offense.
-488- (b) Child endangerment or neglect or abandonment of a
dependent person.
(c) Domestic abuse.
(d) A crime against a child, including but not limited to
sexual exploitation of a minor.
(e) A forcible felony.
b. Except as otherwise provided in paragraph “a”, if the
department record check evaluation system determines that a
person has committed a crime or has a record of founded child
abuse and is licensed, employed by a licensee, or resides in a
licensed facility the department record check evaluation system
shall notify the licensee that an evaluation will be conducted
to determine whether prohibition of the person’s licensure,
employment, or residence is warranted.
c. In an evaluation, the department record check evaluation
system and the licensee for an employee of the licensee shall
consider the nature and seriousness of the crime or founded
child abuse in relation to the position sought or held, the
time elapsed since the commission of the crime or founded child
abuse, the circumstances under which the crime or founded
child abuse was committed, the degree of rehabilitation, the
likelihood that the person will commit the crime or founded
child abuse again, and the number of crimes or founded child
abuses committed by the person involved. The department record
check evaluation system may permit a person who is evaluated
to be licensed, employed, or to reside, or to continue to be
licensed, employed, or to reside in a licensed facility, if the
person complies with the department’s record check evaluation
system’s conditions relating to the person’s licensure,
employment, or residence, which may include completion of
additional training. For an employee of a licensee, these
conditional requirements shall be developed with the licensee.
The department record check evaluation system has final
authority in determining whether prohibition of the person’s
licensure, employment, or residence is warranted and in
-489-developing any conditional requirements under this paragraph.
d. If the department record check evaluation system
determines that the person has committed a crime or has a
record of founded child abuse which warrants prohibition of
licensure, employment, or residence, the person shall not be
licensed under this chapter and shall not be employed by a
licensee or reside in a licensed facility.
3. In addition to the record checks required under
subsection 2, the department of human services record check
evaluation system may conduct dependent adult abuse record
checks in this state and may conduct these checks in other
states, on a random basis. The provisions of subsection 2,
relative to an evaluation following a determination that a
person has been convicted of a crime or has a record of founded
child abuse, shall also apply to a random check conducted under
this subsection.
4. On or after July 1, 1994, a A licensee shall inform
all new applicants for employment of the possibility of the
performance of a record check and shall obtain, from the
applicant, a signed acknowledgment of the receipt of the
information.
5. On or after July 1, 1994, a A licensee shall include the
following inquiry in an application for employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
Sec. 733. Section 237.13, Code 2023, is amended to read as
follows:
237.13 Foster home insurance fund.
1. For the purposes of this section, “foster home” means an
individual, as defined in section 237.1, subsection 7, who is
licensed to provide child foster care and shall also be known
as a “licensed foster home”.
2. The foster home insurance fund shall be administered by
the department of human services. The fund shall consist of
-490-all moneys appropriated by the general assembly for deposit
in the fund. The department shall use moneys in the fund to
provide home and property coverage for foster parents to cover
damages to property resulting from the actions of a foster
child residing in a foster home or to reimburse foster parents
for the cost of purchasing foster care liability insurance and
to perform the administrative functions necessary to carry out
this section. The department may establish limitations of
liability for individual claims as deemed reasonable by the
department.
3. The department of human services shall adopt rules,
pursuant to chapter 17A, to carry out the provisions of this
section.
Sec. 734. Section 237.15, subsection 7, Code 2023, is
amended to read as follows:
7. “Person or court responsible for the child” means the
department, including but not limited to the department of
health and human services, the agency, or the individual who is
the guardian of a child by court order issued by the juvenile
or district court and has the responsibility of the care of the
child, or the court having jurisdiction over the child.
Sec. 735. Section 237.16, Code 2023, is amended to read as
follows:
237.16 Child advocacy board — staff.
1. The child advocacy board is created within the department
of inspections and appeals. The state board consists of nine
members appointed by the governor, subject to confirmation
by the senate and directly responsible to the governor. One
member shall be an active court appointed special advocate
volunteer, one member shall be an active member of a local
citizen foster care review board, and one member shall be a
judicial branch employee or judicial officer appointed from
nominees submitted by the judicial branch. The appointment is
for a term of four years that begins and ends as provided in
section 69.19. Vacancies on the state board shall be filled in
-491-the same manner as original appointments are made.
2. The members of the state board shall annually select a
chairperson, vice chairperson, and other officers the members
deem necessary. The members may be entitled to receive
reimbursement for actual and necessary expenses incurred in
the performance of their duties, subject to available funding.
Each member of the board may also be eligible to receive
compensation as provided in section 7E.6. The state board
shall meet at least twice a year.
3. An employee of the department or of the department of
inspections and appeals, an employee of a child-placing agency,
an employee of an agency with which the department contracts
for services for children under foster care, a foster parent
providing foster care, or an employee of the district court
is not eligible to serve on the state board. However, the
judicial branch employee or judicial officer appointed from
nominees submitted by the judicial branch in accordance with
subsection 1 shall be eligible to serve on the state board.
4. The department and the department of inspections and
appeals shall jointly develop written protocols detailing the
responsibilities of each the department with regard to children
under the purview of the state board. The protocols shall be
reviewed by the departments department on an annual basis.
5. The director shall employ appropriate staff for the state
board in accordance with available funding.
Sec. 736. Section 237.18, subsection 4, Code 2023, is
amended by striking the subsection.
Sec. 737. Section 237.21, subsection 5, Code 2023, is
amended to read as follows:
5. Members of the state board and local boards, court
appointed special advocates, and the employees of the
department and the department of inspections and appeals are
subject to standards of confidentiality pursuant to sections
217.30, 228.6, subsection 1, sections 235A.15, 600.16,
and 600.16A. Members of the state and local boards, court
-492-appointed special advocates, and employees of the department
and the department of inspections and appeals who disclose
information or records of the board or department, other than
as provided in subsections 2, 3, and 4, section 232.126,
and section 237.20, subsection 2, are guilty of a simple
misdemeanor.
Sec. 738. Section 237A.1, Code 2023, is amended to read as
follows:
237A.1 Definitions.
As used in this chapter unless the context otherwise
requires:
1. “Administrator” means the administrator of the division
of the department designated by the director to administer this
chapter.
2. 1. “Child” means either of the following:
a. A person twelve years of age or younger.
b. A person thirteen years of age or older but younger than
nineteen years of age who has a developmental disability as
defined under the federal Developmental Disabilities Assistance
and Bill of Rights Act of 2000, Pub.L. No.106-402, as
codified in 42 U.S.C. §15002(8).
3. 2. “Child care” means the care, supervision, and
guidance of a child by a person other than the child’s parent,
guardian, or custodian for periods of less than twenty-four
hours per day per child on a regular basis, but does not
include care, supervision, and guidance of a child by any of
the following:
a. An instructional program for children who are attending
prekindergarten as defined by the state board of education
under section 256.11 or a higher grade level and are at least
four years of age, or are at least three years of age and
eligible for special education under chapter 256B, administered
by any of the following:
(1) A public or nonpublic school system accredited by the
department of education or the state board of regents.
-493- (2) A nonpublic school system which is not accredited by the
department of education or the state board of regents.
b. Any of the following church-related programs:
(1) An instructional program.
(2) A youth program other than a preschool, before or after
school child care program, or other child care program.
(3) A program providing care to children on church premises
while the children’s parents are attending church-related or
church-sponsored activities on the church premises.
c. Short-term classes of less than two weeks’ duration held
between school terms or during a break within a school term.
d. A child care center for sick children operated as part of
a pediatrics unit in a hospital licensed by the department of
inspections and appeals pursuant to chapter 135B.
e. A program operated not more than one day per week by
volunteers which meets all of the following conditions:
(1) Not more than eleven children are served per volunteer.
(2) The program operates for less than four hours during any
twenty-four-hour period.
(3) The program is provided at no cost to the children’s
parent, guardian, or custodian.
f. A program administered by a political subdivision of the
state which is primarily for recreational or social purposes
and is limited to children who are five years of age or older
and attending school.
g. An after school program continuously offered throughout
the school year calendar to children who are at least five
years of age and are enrolled in school, and attend the program
intermittently or a summer-only program for such children. The
program must be provided through a nominal membership fee or
at no cost.
h. A special activity program which meets less than four
hours per day for the sole purpose of the special activity.
Special activity programs include but are not limited to music
or dance classes, organized athletic or sports programs,
-494-recreational classes, scouting programs, and hobby or craft
clubs or classes.
i. A nationally accredited camp.
j. A structured program for the purpose of providing
therapeutic, rehabilitative, or supervisory services to
children under any of the following:
(1) A purchase of service or managed care contract with the
department.
(2) A contract approved by a governance board of a
decategorization of child welfare and juvenile justice funding
project created under section 232.188.
(3) An arrangement approved by a juvenile court order.
k. Care provided on-site to children of parents residing in
an emergency, homeless, or domestic violence shelter.
l. A child care facility providing respite care to a
licensed foster family home for a period of twenty-four hours
or more to a child who is placed with that licensed foster
family home.
m. A program offered to a child whose parent, guardian,
or custodian is engaged solely in a recreational or social
activity, remains immediately available and accessible on the
physical premises on which the child’s care is provided, and
does not engage in employment while the care is provided.
However, if the recreational or social activity is provided
in a fitness center or on the premises of a nonprofit
organization, the parent, guardian, or custodian of the child
may be employed to teach or lead the activity.
4. 3. “Child care center” or “center” means a facility
providing child care or preschool services for seven or more
children, except when the facility is registered as a child
development home.
5. 4. “Child care facility” or “facility” means a child
care center, preschool, or a registered child development home.
6. 5. “Child care home” means a person or program providing
child care to any of the following children at any one time
-495-that is not registered to provide child care under this
chapter, as authorized under section 237A.3:
a. Five or fewer children.
b. Six or fewer children, if at least one of the children
is school-aged.
7. 6. “Child development home” means a person or program
registered under section 237A.3A that may provide child care to
seven or more children at any one time.
7. “Council” means the council on health and human services.
8. “Department” means the department of health and human
services.
9. “Director” means the director of health and human
services.
10. “Infant” means a child who is less than twenty-four
months of age.
11. “Involvement with child care” means licensed or
registered under this chapter, employed in a child care
facility, residing in a child care facility, receiving public
funding for providing child care, or providing child care as a
child care home provider, or residing in a child care home.
12. “Licensed center” means a center issued a full or
provisional license by the department under the provisions
of this chapter or a center for which a license is being
processed.
13. “Poverty level” means the poverty level defined by the
most recently revised poverty income guidelines published by
the United States department of health and human services.
14. “Preschool” means a child care facility which provides
to children ages three through five, for periods of time not
exceeding three hours per day, programs designed to help the
children to develop intellectual skills, social skills, and
motor skills, and to extend their interest and understanding
of the world about them.
15. “School” means kindergarten or a higher grade level.
16. “State child care advisory committee” means the state
-496-child care advisory committee established pursuant to section
135.173A.
Sec. 739. Section 237A.2, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An application for a license or a renewal has been filed
with the administrator department on forms provided by the
department.
Sec. 740. Section 237A.2, subsection 3, Code 2023, is
amended to read as follows:
3. The administrator department may reduce a previously
issued license to a provisional license or issue a provisional
license for a period of time not to exceed one year if the
center does not meet standards required under this section.
A provisional license shall not be renewable in regard to
the same standards for more than two consecutive years. A
provisional license shall be posted in a conspicuous place
in the center as provided in this section. If written plans
to bring the center up to standards, giving specific dates
for completion of work, are submitted to and approved by the
department, the provisional license shall be renewable as
provided in this subsection.
Sec. 741. Section 237A.3A, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. Three categories of standards shall be applicable to
child development homes. The initial designations of the
categories, which may be revised by the department, shall be
“A”, “B”, and “C”, as ranked from less stringent standards and
capacity to more stringent standards and capacity. The “C”
registration category standards shall require the highest level
of provider qualifications and allow the greatest capacity of
the three categories. The department of human services, in
consultation with the Iowa department of public health, shall
adopt rules applying standards to each category specifying
provider qualifications and training, health and safety
requirements, capacity, amount of space available per child,
-497-and other minimum requirements. The capacity requirements
shall take into consideration the provider’s own children,
children who have a mild illness, children receiving part-time
child care, and children served as a sibling group in overnight
care.
Sec. 742. Section 237A.5, Code 2023, is amended to read as
follows:
237A.5 Personnel.
1. All personnel in licensed or registered facilities
shall have good health as evidenced by a report following a
preemployment physical examination taken within six months
prior to beginning employment. The examination shall include
communicable disease tests by a licensed physician as defined
in section 135C.1 or a licensed physician assistant as defined
in section 148C.1 and shall be repeated every three years after
initial employment. Controlled medical conditions which would
not affect the performance of the employee in the capacity
employed shall not prohibit employment.
2. a. For the purposes of this section, unless the context
otherwise requires:
(1) “Person subject to a record check” means a person who is
described by any of the following:
(a) The person is being considered for licensure or
registration or is registered or licensed under this chapter.
(b) The person is being considered by a child care facility
for employment involving direct responsibility for a child or
with access to a child when the child is alone or is employed
with such responsibilities.
(c) The person will reside or resides in a child care
facility.
(d) The person has applied for or receives public funding
for providing child care.
(e) The person will reside or resides in a child care home
that is not registered under this chapter but that receives
public funding for providing child care.
-498- (2) “Person subject to an evaluation” means a person subject
to a record check whose record indicates that the person has
committed a transgression.
(3) “Transgression” means the existence of any of the
following in a person’s record:
(a) Conviction of a crime.
(b) A record of having committed founded child or dependent
adult abuse.
(c) Listing in the sex offender registry under chapter 692A.
(d) A record of having committed a public or civil offense.
(e) The department has revoked a child care facility
registration or license due to the person’s continued or
repeated failure to operate the child care facility in
compliance with this chapter and rules adopted pursuant to this
chapter.
b. If an individual person subject to a record check is
being considered for employment by a child care facility or
child care home provider, in lieu of requesting a record check
in this state to be conducted by the department record check
evaluation system under paragraph “c”, the child care facility
or child care home may access the single contact repository
established pursuant to section 135C.33 as necessary to conduct
a criminal and child abuse record check of the individual
in this state. A copy of the results of the record check
conducted through the single contact repository shall also be
provided to the department record check evaluation system.
If the record check indicates the individual is a person
subject to an evaluation, the child care facility or child care
home may request that the department record check evaluation
system perform an evaluation as provided in this subsection.
Otherwise, the individual shall not be employed by the child
care facility or child care home.
c. Unless a record check has already been conducted in
accordance with paragraph “b”, the department record check
evaluation system shall conduct a criminal and child abuse
-499-record check in this state for a person who is subject to a
record check and may conduct such a check in other states. In
addition, the department record check evaluation system may
conduct a dependent adult abuse, sex offender registry, or
other public or civil offense record check in this state or in
other states for a person who is subject to a record check.
d. (1) For a person subject to a record check, in
addition to any other record check conducted pursuant to this
subsection, the person’s fingerprints shall be provided to the
department of public safety for submission through the state
criminal history repository to the United States department
of justice, federal bureau of investigation for a national
criminal history check. The department may adopt rules
specifying criteria in the public interest for requiring the
national criminal history check of a person to be repeated.
(2) Except as otherwise provided by law, the cost of a
national criminal history check conducted in accordance with
subparagraph (1) and the state record checks conducted in
accordance with paragraph “c” that are conducted in connection
with a person’s involvement with a child care center are not
the responsibility of the department. The department is
responsible for the cost of such checks conducted in connection
with a person’s involvement with a child development home or
child care home.
(3) If record checks under paragraph “b” or “c” have been
conducted on a person subject to a record check and the results
do not warrant prohibition of the person’s involvement with
child care or otherwise present protective concerns, the person
may be involved with child care on a provisional basis until
the record check under subparagraph (1) has been completed.
(4) If a person subject to a record check refuses to consent
to a record check or if the person makes what the person knows
to be a false statement of material fact in connection with a
record check, the person shall be prohibited from involvement
with child care.
-500- e. (1) If a record check performed pursuant to this
subsection identifies an individual as a person subject to
an evaluation, an evaluation shall be performed to determine
whether prohibition of the person’s involvement with child care
is warranted. The evaluation shall be performed in accordance
with procedures adopted for this purpose by the department.
(2) Prior to performing an evaluation, the department
record check evaluation system shall notify the affected
person, licensee, registrant, or child care home applying for
or receiving public funding for providing child care, that an
evaluation will be conducted to determine whether prohibition
of the person’s involvement with child care is warranted.
f. If a record check performed in accordance with paragraph
“b” or “c” identifies that an individual is a person subject
to an evaluation, the department record check evaluation
system shall perform the evaluation in accordance with this
subsection, even if the application which made the person
subject to the record check is withdrawn or the circumstances
which made the person subject to the record check are no longer
applicable. If the department’s record check evaluation
system’s evaluation determines that prohibition of the person’s
involvement with child care is warranted, the provisions of
this subsection regarding such a prohibition shall apply.
g. A person subject to a record check who is or was employed
by a child care facility or child care home provider and
is hired by another child care facility or child care home
provider shall be subject to a record check in accordance
with this subsection. However, if the person was subject
to an evaluation because of a transgression in the person’s
record and the evaluation determined that the transgression
did not warrant prohibition of the person’s involvement
with child care and the latest record checks do not indicate
there is a transgression that was committed subsequent to
that evaluation, the person may commence employment with the
other child care facility or provider in accordance with the
-501-department’s evaluation and an exemption from any requirements
for reevaluation of the latest record checks is authorized.
Authorization of an exemption under this paragraph “g” from
requirements for reevaluation of the latest record checks by
the department record check evaluation system is subject to all
of the following provisions:
(1) The position with the subsequent employer is
substantially the same or has the same job responsibilities as
the position for which the previous evaluation was performed.
(2) Any restrictions placed on the person’s employment
in the previous evaluation by the department record check
evaluation system shall remain applicable in the person’s
subsequent employment.
(3) The person subject to the record checks has maintained a
copy of the previous evaluation and provides the evaluation to
the subsequent employer or the previous employer provides the
previous evaluation from the person’s personnel file pursuant
to the person’s authorization. If a physical copy of the
previous evaluation is not provided to the subsequent employer,
the record checks shall be reevaluated.
(4) Although an exemption under this paragraph “g” may
be authorized, the subsequent employer may instead request a
reevaluation of the record checks and may employ the person
while the reevaluation is being performed.
h. In an evaluation, the department record check evaluation
system shall consider the nature and seriousness of the
transgression in relation to the position sought or held, the
time elapsed since the commission of the transgression, the
circumstances under which the transgression was committed,
the degree of rehabilitation, the likelihood that the person
will commit the transgression again, and the number of
transgressions committed by the person involved. In addition
to record check information, the department record check
evaluation system may utilize information from the department’s
record check evaluation system’s case records in performing the
-502-evaluation. The department record check evaluation system may
permit a person who is evaluated to maintain involvement with
child care, if the person complies with the department’s record
check evaluation system’s conditions and corrective action plan
relating to the person’s involvement with child care. The
department record check evaluation system has final authority
in determining whether prohibition of the person’s involvement
with child care is warranted and in developing any conditional
requirements and corrective action plan under this paragraph.
i. (1) A person subject to an evaluation shall be
prohibited from involvement with child care under any of the
following circumstances:
(a) The person has a record of founded child abuse or
dependent adult abuse that was determined to be sexual abuse.
(b) The person is listed or is required to be listed on
any state sex offender registry or the national sex offender
registry.
(c) The person has committed any of the following
felony-level offenses:
(i) Child endangerment or neglect or abandonment of a
dependent person.
(ii) Domestic abuse.
(iii) A crime against a child including but not limited to
sexual exploitation of a minor.
(iv) A forcible felony.
(v) Arson.
(d) The person has a record of a misdemeanor conviction
against a child that constitutes one of the following offenses:
(i) Child abuse.
(ii) Child endangerment.
(iii) Sexual assault.
(iv) Child pornography.
(2) If, within five years prior to the date of application
for registration or licensure under this chapter, for
employment or residence in a child care facility or child care
-503-home, or for receipt of public funding for providing child
care, a person subject to an evaluation has been convicted
of a controlled substance offense or has been found to have
committed physical abuse, the person shall be prohibited from
involvement with child care for a period of five years from
the date of conviction or founded abuse. After the five-year
prohibition period, the person may submit an application for
registration or licensure under this chapter, or to receive
public funding for providing child care, or may request an
evaluation, and the department record check evaluation system
shall perform an evaluation and, based upon the criteria in
paragraph “h”, shall determine whether prohibition of the
person’s involvement with child care continues to be warranted.
j. If the department record check evaluation system
determines, through an evaluation of a person’s transgression,
that the person’s prohibition of involvement with child care is
warranted, the person shall be prohibited from involvement with
child care. The department record check evaluation system may
identify a period of time after which the person may request
that another record check and evaluation be performed. A
person who continues involvement with child care in violation
of this subsection is subject to penalty under section 237A.19
or injunction under section 237A.20.
k. If it has been determined that a child receiving child
care from a child care facility or a child care home is the
victim of founded child abuse committed by an employee,
license or registration holder, child care home provider, or
resident of the child care facility or child care home for
which a report is placed in the central registry pursuant to
section 232.71D, the administrator department shall provide
notification at the time of the determination to the parents,
guardians, and custodians of children receiving care from the
child care facility or child care home. A notification made
under this paragraph shall identify the type of abuse but shall
not identify the victim or perpetrator or circumstances of the
-504-founded abuse.
3. On or after July 1, 1994, a A licensee or registrant
shall inform all new applicants for employment of the
possibility of the performance of a record check and shall
obtain, from the applicant, a signed acknowledgment of the
receipt of the information.
4. On or after July 1, 1994, a A licensee or registrant
shall include the following inquiry in an application for
employment:
Do you have a record of founded child or dependent adult abuse
or have you ever been convicted of a crime, in this state or any
other state?
5. A person who serves as an unpaid volunteer in a child
care facility shall not be required to complete training as a
mandatory reporter of child abuse under section 232.69 or under
any other requirement.
Sec. 743. Section 237A.6, Code 2023, is amended to read as
follows:
237A.6 Consultative services.
The department shall, and the director of public health
may provide consultative services to a person applying for
a license or registration, or licensed or registered by the
administrator under this chapter.
Sec. 744. Section 237A.8, Code 2023, is amended to read as
follows:
237A.8 Violations — actions against license or registration.
The administrator department, after notice and opportunity
for an evidentiary hearing before the department of inspections
and appeals, may suspend or revoke a license or certificate of
registration issued under this chapter or may reduce a license
to a provisional license if the person to whom a license or
certificate is issued violates a provision of this chapter or
if the person makes false reports regarding the operation of
the child care facility to the administrator or a designee of
the administrator department. The administrator department
-505- shall notify the parent, guardian, or legal custodian of each
child for whom the person provides child care at the time
of action to suspend or revoke a license or certificate of
registration.
Sec. 745. Section 237A.12, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. Rules relating to fire safety for child care centers
shall be adopted under this chapter by the state fire marshal
in consultation with the department. Rules adopted by the
state fire marshal for a building which is owned or leased by a
school district or accredited nonpublic school and used as a
child care facility shall not differ from standards adopted by
the state fire marshal for school buildings under chapter 100.
Rules relating to sanitation shall be adopted by the department
in consultation with the director of public health. All rules
shall be developed in consultation with the state child care
advisory committee. The state fire marshal shall inspect the
facilities.
4. If a building is owned or leased by a school district
or accredited nonpublic school and complies with standards
adopted by the state fire marshal for school buildings under
chapter 100, the building is considered appropriate for use by
a child care facility. The rules adopted by the administrator
department under this section shall not require the facility
to comply with building requirements which differ from
requirements for use of the building as a school.
Sec. 746. Section 237A.14, subsection 4, Code 2023, is
amended to read as follows:
4. The department of human services shall adopt rules
pursuant to chapter 17A in accordance with this section.
Sec. 747. Section 237A.23, subsection 1, Code 2023, is
amended to read as follows:
1. The departments department and the department of
education, public health, and human services shall jointly
establish a leadership council for child care training and
-506-development in this state. In addition to representatives of
the three departments, the leadership council shall include
but is not limited to representatives of community colleges,
institutions of higher learning under the state board of
regents and private institutions of higher education, the
Iowa cooperative extension service in agriculture and home
economics, and child care resource and referral service
agencies.
Sec. 748. Section 237A.25, subsection 1, Code 2023, is
amended to read as follows:
1. The department shall develop consumer information
material to assist parents in selecting a child care provider.
In developing the material, the department shall consult with
department of human services staff, department of education
staff, the state child care advisory committee, the early
childhood Iowa state board, and child care resource and
referral services. In addition, the department may consult
with other entities at the local, state, and national level.
Sec. 749. Section 237A.29, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A child care provider that has been found by the department
of inspections and appeals in an administrative proceeding
or in a judicial proceeding to have obtained, or has agreed
to entry of a civil judgment or judgment by confession that
includes a conclusion of law that the child care provider has
obtained, by fraudulent means, public funding for provision of
child care in an amount equal to or in excess of the minimum
amount for a fraudulent practice in the second degree under
section 714.10, subsection 1, paragraph “a”, shall be subject
to sanction in accordance with this subsection. Such child
care provider shall be subject to a period during which receipt
of public funding for provision of child care is conditioned
upon no further violations and to one or more of the following
sanctions as determined by the department of human services:
-507- Sec. 750. Section 237A.30, subsection 1, Code 2023, is
amended to read as follows:
1. The department shall work with the early childhood Iowa
office in the department of management program established in
section 256I.5 and the state child care advisory committee in
designing and implementing a voluntary quality rating system
for each provider type of child care facility.
Sec. 751. Section 237C.1, Code 2023, is amended to read as
follows:
237C.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of that division
of the department designated by the director of human services
to administer this chapter or the administrator’s designee.
2. 1. “Child” or “children” means an individual or
individuals under eighteen years of age.
3. 2. “Children’s residential facility” means a private
facility designed to serve children who have been voluntarily
placed for reasons other than an exclusively recreational
activity outside of their home by a parent or legal guardian
and who are not under the custody or authority of the
department of human services, juvenile court, or another
governmental agency, that provides twenty-four-hour care,
including food, lodging, supervision, education, or other care
on a full-time basis by a person other than a relative or
guardian of the child, but does not include an entity providing
any of the following:
a. Care furnished by an individual who receives the child of
a personal friend as an occasional and personal guest in the
individual’s home, free of charge and not as a business.
b. Care furnished by an individual with whom a child has
been placed for lawful adoption, unless that adoption is not
completed within two years after placement.
c. Child care furnished by a child care facility as defined
-508-in section 237A.1.
d. Care furnished in a hospital licensed under chapter
135B or care furnished in a health care facility as defined in
section 135C.1.
e. Care furnished by a juvenile detention home or juvenile
shelter care home approved under section 232.142.
f. Care furnished by a child foster care facility licensed
under chapter 237.
g. Care furnished by an institution listed in section 218.1.
h. Care furnished by a facility licensed under chapter 125.
i. Care furnished by a psychiatric medical institution for
children licensed under chapter 135H.
4. 3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
Sec. 752. Section 237C.3, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services shall consult with the
department of education, and the department of inspections
and appeals, the department of public health, the state fire
marshal, and other agencies as determined by the department
of human services to establish certification standards for
children’s residential facilities in accordance with this
chapter.
Sec. 753. Section 237C.4, subsection 3, Code 2023, is
amended to read as follows:
3. Rules governing sanitation, water, and waste disposal
standards for children’s residential facilities shall be
adopted by the department of human services in consultation
with the director of public health.
Sec. 754. Section 237C.4, subsection 7, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Prior to establishing, proposing, adopting, or modifying a
standard or rule under section 237C.3, this section, or section
-509-282.34, the department of human services or the department of
education, as applicable, shall, at a minimum, do all of the
following:
Sec. 755. Section 237C.5, Code 2023, is amended to read as
follows:
237C.5 Certificate of approval — certification required.
A person shall not operate a children’s residential facility
without a certificate of approval to operate issued by the
administrator department under this chapter.
Sec. 756. Section 237C.6, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A person shall apply for a certificate to operate a
children’s residential facility by completing and submitting
to the administrator department an application in a form
and format approved by the administrator department. The
administrator department shall issue or reissue a certificate
of approval if the administrator department determines that
the applicant is or upon commencing operation will provide
children’s residential facility services in compliance with
this chapter. A certificate of approval is valid for up to one
year from the date of issuance for the period determined by
the administrator department in accordance with administrative
rules providing criteria for making the determination.
3. The administrator department may deny an application
for issuance or reissuance of a certificate of approval or
suspend or revoke a certificate of approval if the applicant
or certificate holder, as applicable, fails to comply with
this chapter or the rules adopted pursuant to this chapter or
knowingly makes a false statement concerning a material fact or
conceals a material fact on the application for the issuance
or reissuance of a certificate of approval or in a report
regarding operation of the children’s residential facility
submitted to the administrator department. All operations of a
children’s residential facility shall cease during a period of
suspension or revocation. The administrator department shall
-510-suspend or revoke a certificate of approval of a children’s
residential facility that fails to comply with section 282.34.
Sec. 757. Section 237C.8, Code 2023, is amended to read as
follows:
237C.8 Reports and inspections.
The administrator department may require submission of
reports by a certificate of approval holder and shall cause
at least one annual unannounced inspection of a children’s
residential facility to assess compliance with applicable
requirements and standards. The inspections shall be conducted
by the department of inspections and appeals in addition to
initial, renewal, and other inspections that result from
complaints or self-reported incidents. The department of
inspections and appeals and the department of human services
may examine records of a children’s residential facility and
may inquire into matters concerning the children’s residential
facility and its employees, volunteers, and subcontractors
relating to requirements and standards for children’s
residential facilities under this chapter.
Sec. 758. Section 238.1, Code 2023, is amended to read as
follows:
238.1 Definitions.
For the purpose of this chapter unless the context otherwise
requires:
1. “Administrator” means the administrator of the division
of child and family services of the department of human
services.
2. 1. “Child” means the same as defined in section 234.1.
3. 2. “Child-placing agency” or “agency” means any agency,
whether public, semipublic, or private, which represents that
the agency places children permanently or temporarily in
private family homes or receives children for placement in
private family homes, or which actually engages for gain or
otherwise in the placement of children in private family homes.
“Agency” includes individuals, institutions, partnerships,
-511-voluntary associations, and corporations, other than
institutions under the management or control of the department.
3. “Council” means the council on health and human services.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
4. “Person” or “agency” shall include individuals,
institutions, partnerships, voluntary associations, and
corporations, other than institutions under the management or
control of any division or any administrator of the department
of human services.
5. “State division” means the same as defined in section
234.1.
Sec. 759. Section 238.3, Code 2023, is amended to read as
follows:
238.3 Authority to license.
The administrator department may grant a license under this
chapter for the period specified in section 238.9 for the
conduct operation of any a child-placing agency in this state.
Sec. 760. Section 238.4, Code 2023, is amended to read as
follows:
238.4 Granting of license conditional.
No such A license shall not be issued under this chapter
unless the person applying shall have shown applicant shows
that the person applicant and the person’s applicant’s agents
are properly equipped by training and experience to find and
select suitable temporary or permanent homes for children and
to supervise such the homes when in which the children are
placed in them, to the end that safeguard the health, morality,
and general well-being of the children placed by them shall be
properly safeguarded.
Sec. 761. Section 238.5, Code 2023, is amended to read as
follows:
238.5 License required.
-512- No A person shall conduct not operate a child-placing
agency or solicit or receive funds for its the support of a
child-placing agency without an unrevoked license issued by the
administrator department within the preceding twelve months
preceding to conduct such agency.
Sec. 762. Section 238.6, Code 2023, is amended to read as
follows:
238.6 Form of license.
The license shall state the name of the licensee and the
particular premises in which the business agency may be carried
on operated.
Sec. 763. Section 238.7, Code 2023, is amended to read as
follows:
238.7 Posting of license.
Such A license shall be kept posted in a conspicuous place on
the licensed premises.
Sec. 764. Section 238.8, Code 2023, is amended to read as
follows:
238.8 Record of license.
A record of the licenses so issued by the department under
this chapter shall be kept maintained by the administrator
department.
Sec. 765. Section 238.10, Code 2023, is amended to read as
follows:
238.10 Revocation of license.
The administrator department may, after due notice and
hearing, revoke the license if any of the following applies:
1. In case the person to whom the same is issued The
licensee violates any provision of this chapter.
2. When in the opinion of the administrator such the
agency is maintained in such a way as to waste or misuse funds
contributed by the public or without due regard to sanitation
or hygiene or to the health, comfort, or well-being of the
child cared for or placed by the agency.
3. In case of violation by the The licensee or the
-513-licensee’s agents of violate any law of the state in a manner
disclosing moral turpitude or unfitness to maintain such the
agency.
4. In case any such The agency is conducted operated by a
person of ill repute or bad moral character.
5. In case said The agency operates in persistent violation
of the reasonable regulations of the administrator governing
such agencies.
Sec. 766. Section 238.11, Code 2023, is amended to read as
follows:
238.11 Written charges — findings — notice.
Written charges against the licensee shall be served upon
the licensee at least ten days before a hearing shall be had
thereon on the charges and a written copy of the findings
and decisions of the administrator upon department following
the hearing shall be served upon the licensee in the manner
prescribed for the service of original notice in civil actions.
Sec. 767. Section 238.12, Code 2023, is amended to read as
follows:
238.12 Appeal — judicial review.
1. Any A licensee feeling aggrieved by any a decision of
the administrator department revoking the licensee’s license
may appeal to the council on human services in the manner of
form prescribed by such the council. The council shall, upon
receipt of such an appeal, give the licensee reasonable notice
and opportunity for a fair hearing before such the council
or its duly authorized representative or representatives.
Following such the hearing the council on human services shall
take its final action and notify the licensee in writing.
2. Judicial review of the actions of the council may be
sought in accordance with the terms of the Iowa administrative
procedure Act, chapter 17A.
Sec. 768. Section 238.16, Code 2023, is amended to read as
follows:
238.16 Rules and regulations.
-514- It shall be the duty of the administrator to provide such
The department shall prescribe general regulations and rules
for the conduct of all such child-placing agencies as shall be
necessary to effect the purposes of this chapter and of all
other applicable laws of the state relating to children so far
as the same are applicable, and to safeguard the well-being of
children placed or cared for by such agencies.
Sec. 769. Section 238.17, Code 2023, is amended to read as
follows:
238.17 Forms for registration and record — preservation and
maintenance.
1. The administrator department shall prescribe forms for
the registration and record of persons children cared for by
any child-placing agency licensed under this chapter and for
reports required by said administrator the department from the
agencies.
2. If, for any reason, a child-placing agency as defined
by section 238.1 shall cease ceases to exist, all records of
registration and placement and all other records of any kind
and character kept maintained by such the child-placing agency
shall be turned over to the administrator department, for
preservation, to be kept preserved and maintained by the said
administrator department as a permanent record.
Sec. 770. Section 238.18, Code 2023, is amended to read as
follows:
238.18 Duty of licensee.
1. A child-placing agency licensed under this chapter shall
keep maintain a record and make reports in the form to be
prescribed by the administrator department.
2. For a child being placed by the agency, the agency’s
duties shall include compliance with the requirements of
section 232.108 relating to visitation or ongoing interaction
between the child and the child’s siblings.
Sec. 771. Section 238.19, Code 2023, is amended to read as
follows:
-515- 238.19 Inspection generally.
Authorized employees of the department of inspections and
appeals may inspect the premises and conditions of the agency
at any time, and examine every part of the agency;, and may
inquire into all matters concerning the agency and the children
in the care of the agency.
Sec. 772. Section 238.22, Code 2023, is amended to read as
follows:
238.22 Licensee to aid inspection.
The licensees A licensee shall give provide all reasonable
information to such inspectors authorized under this chapter
and afford them the inspectors every reasonable facility means
for obtaining pertinent information.
Sec. 773. Section 238.24, Code 2023, is amended to read as
follows:
238.24 Information confidential — exceptions.
1. Except as authorized by this section, a person who
acquires under this chapter or from the records provided for in
this chapter, information relative to any agency, or relative
to any individual cared for by the agency, or relative to any
relative of the individual, shall not directly or indirectly
disclose the information.
2. Disclosure of information acquired under this chapter
or from the records provided for in this chapter is authorized
under any of the following circumstances:
a. Disclosure made upon inquiry before a court of law,
or before some other tribunal, or for the information of the
governor, general assembly, medical examiners, administrator,
Iowa department of public health director, or the local board
of health in the jurisdiction where the agency is located.
b. Disclosure may be made by the administrator director to
proper persons as may be in the interest of a child cared for by
the agency or in the interest of the child’s parents or foster
parents and not inimical to the child, or as may be necessary
to protect the interests of the child’s prospective foster
-516-parents. However, disclosure of termination and adoption
records shall be governed by the provisions of sections 600.16
and 600.16A.
c. Disclosure for purposes of statistical analysis performed
by duly authorized persons of data collected under this chapter
or the publication of the results of such analysis in such
manner as will not disclose confidential information.
Sec. 774. Section 238.31, Code 2023, is amended to read as
follows:
238.31 Inspection of foster homes.
The administrator department shall be satisfied ensure that
each licensed child-placing agency is maintaining maintains
proper standards in its work, and said administrator may at
any time cause the child and home in which the child has been
placed to be visited by the administrator’s director’s agents
for the purpose of ascertaining whether the home is a suitable
one for the child, and may continue to visit and inspect the
foster home and the conditions therein in the foster home as
they affect said the child.
Sec. 775. Section 238.32, Code 2023, is amended to read as
follows:
238.32 Authority to agencies.
Any institution incorporated under the laws of this state
or maintained for the purpose of caring for, placing out for
adoption, or otherwise improving the condition of unfortunate
children may, under the conditions An agency as specified
in this chapter and when licensed in accordance with the
provisions of this chapter may do any of the following:
1. Receive children in need of assistance, or delinquent
children who are under eighteen years of age, under commitment
from found to have committed a delinquent act by the juvenile
court, and control and dispose of them provide for the
disposition of the children subject to the provisions of
chapter 232 and chapter 600A.
2. Receive, control, and dispose and provide for the
-517-disposition of all minor children voluntarily surrendered to
such institutions the agency.
Sec. 776. Section 238.42, Code 2023, is amended to read as
follows:
238.42 Agreement in child placements.
Every An agency placing a child in a foster home shall enter
into a written agreement with the person taking the child,
which. The agreement shall provide that the agency placing the
child shall have access at all reasonable times to such the
child and to the home in which the child is living, and for the
return of the child by the person taking may remove the child
from the home whenever, in the opinion of the agency placing
such child, or in the opinion of the administrator department,
removal is in the best interests of the child shall require it.
Sec. 777. Section 238.45, Code 2023, is amended to read as
follows:
238.45 Penalty.
Every A person who violates any of the provisions provision
of this chapter or who intentionally shall make makes any false
statements or reports to the administrator with reference to
the matters contained herein department relative to a provision
of this chapter, shall be is guilty of a fraudulent practice.
Sec. 778. Section 239A.2, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of workforce development, in consultation
with the director of health and human services, shall establish
a procedure for assignment of persons referred under section
239A.1 to positions available in public works projects. The
department of workforce development shall arrange with units of
local government for establishment of such projects, which may
include any type of work or endeavor that is within the scope
of authority of the unit of local government involved so long
as the project meets the following requirements:
Sec. 779. Section 239B.1, subsection 4, Code 2023, is
amended to read as follows:
-518- 4. “Department” means the department of health and human
services.
Sec. 780. Section 239B.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 4A. “Director” means the director of health
and human services.
Sec. 781. Section 239B.2, subsection 6, Code 2023, is
amended to read as follows:
6. Cooperation with child support requirements. The
department shall provide for prompt notification of the
department’s child support recovery unit services if assistance
is provided to a child whose parent is absent from the home.
An applicant or participant shall cooperate with the child
support recovery unit services and the department as provided
in 42 U.S.C. §608(a)(2) unless the applicant or participant
qualifies for good cause or other exception as determined
by the department in accordance with the best interest of
the child, parent, or specified relative, and with standards
prescribed by rule. The authorized good cause or other
exceptions shall include participation in a family investment
agreement safety plan option to address or prevent family or
domestic violence and other consideration given to the presence
of family or domestic violence. If a specified relative with
whom a child is residing fails to comply with these cooperation
requirements, a sanction shall be imposed as defined by rule in
accordance with state and federal law.
Sec. 782. Section 239B.8, subsection 6, Code 2023, is
amended to read as follows:
6. Confidential information disclosure. If approved by
the director of human services or the director’s designee
pursuant to a written request, the department shall disclose
confidential information described in section 217.30,
subsection 2, to other state agencies or to any other entity
which is not subject to the provisions of chapter 17A and is
providing services to a participant family who is subject to
-519-a family investment agreement, if necessary in order for the
participant family to receive the services. The department
shall adopt rules establishing standards for disclosure of
confidential information if disclosure is necessary in order
for a participant to receive services.
Sec. 783. Section 239B.9, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. If a participant responsible for signing and fulfilling
the terms of a family investment agreement, as defined by the
director of human services in accordance with section 239B.8,
chooses not to sign or fulfill the terms of the agreement, the
participant’s family, or the individual participant shall enter
into a limited benefit plan. Initial actions in a written
statement under section 239B.2, subsection 4, which were
committed to by a participant during the application period
and which commitment remains in effect, shall be considered to
be a term of the participant’s family investment agreement.
A limited benefit plan shall apply for the period of time
specified in this section. The first month of the limited
benefit plan is the first month after the month in which timely
and adequate notice of the limited benefit plan is given to the
participant as defined by the director of human services. The
elements of a limited benefit plan shall be specified in the
department’s rules.
Sec. 784. Section 239B.9, subsection 3, paragraphs a and c,
Code 2023, are amended to read as follows:
a. A participant who does not establish an orientation
appointment with the JOBS program or who fails to keep or
reschedule an orientation appointment shall receive a reminder
letter which informs the participant that those who do not
attend orientation have elected to choose a limited benefit
plan. A participant who chooses not to respond to the reminder
letter within ten calendar days from the mailing date shall
receive notice establishing the effective date of the limited
benefit plan. If a participant is deemed to have chosen a
-520-limited benefit plan, timely and adequate notice provisions, as
determined by the director of human services, shall apply.
c. A participant who has signed a family investment
agreement but then chooses a limited benefit plan under
circumstances defined by the director of human services.
Sec. 785. Section 239B.12, Code 2023, is amended to read as
follows:
239B.12 Immunization.
1. To the extent feasible, the department shall determine
the immunization status of children receiving assistance under
this chapter. The status shall be determined in accordance
with the immunization recommendations adopted by the Iowa
department of public health under section 139A.8, including the
exemption provisions in section 139A.8, subsection 4. If the
department determines a child is not in compliance with the
immunization recommendations, the department shall refer the
child’s parent or guardian to a local public health agency for
immunization services for the child and other members of the
child’s family.
2. The department of human services shall cooperate with the
Iowa department of public health to establish an interagency
agreement allowing the sharing of pertinent client data, as
permitted under federal law and regulation, for the purposes
of determining determine immunization rates of participants,
evaluating evaluate family investment program efforts to
encourage immunizations, and developing develop strategies to
further encourage immunization of participants.
Sec. 786. Section 239B.16, Code 2023, is amended to read as
follows:
239B.16 Appeal — judicial review.
If an applicant’s application is not acted upon within
a reasonable time, if it is denied in whole or in part, or
if a participant’s assistance or other benefits under this
chapter are modified, suspended, or canceled under a provision
of this chapter, the applicant or participant may appeal to
-521-the department of human services which shall request the
department of inspections and appeals to conduct a hearing.
Upon completion of a hearing, the department of inspections
and appeals shall issue a decision which is subject to review
by the department of human services. Judicial review of the
actions of the department of human services may be sought in
accordance with chapter 17A. Upon receipt of a notice of
the filing of a petition for judicial review, the department
of human services shall furnish the petitioner with a copy
of any papers filed in support of the petitioner’s position,
a transcript of any testimony taken, and a copy of the
department’s decision.
Sec. 787. Section 239B.17, subsection 1, Code 2023, is
amended to read as follows:
1. Program established. The promoting independence and
self-sufficiency through employment job opportunities and basic
skills program is established for applicants and participants
of the family investment program. The requirements of the
JOBS program shall vary as provided in the family investment
agreement applicable to a family. The department of workforce
development, economic development authority, department of
education, and all other state, county, and public educational
agencies and institutions providing vocational rehabilitation,
adult education, or vocational or technical training shall
assist and cooperate in the JOBS program. The departments,
agencies, and institutions shall make agreements and
arrangements for maximum cooperation and use of all available
resources in the program. The department of human services
may contract with the department of workforce development, the
economic development authority, or another appropriate entity
to provide JOBS program services.
Sec. 788. Section 241.1, Code 2023, is amended to read as
follows:
241.1 Definitions.
As used in this chapter, unless the context otherwise
-522-requires:
1. “Department” means the department of health and human
services.
2. “Director” means the director of health and human
services.
1. 3. “Displaced homemaker” means an individual who meets
all of the following criteria:
a. Has worked principally in the home providing unpaid
household services for family members.
b. Is not gainfully employed.
c. Has had, or would apparently have, difficulty finding
appropriate paid employment.
d. Has been dependent on the income of another family
member but is no longer supported by that income, is or has
been dependent on government assistance, or is supported as the
parent of a child who is sixteen or seventeen years of age.
2. “Department” means the department of human services.
3. “Director” means the director of the department of human
services.
Sec. 789. Section 241.3, subsection 2, Code 2023, is amended
to read as follows:
2. The department shall consult and cooperate with the
department of workforce development, the United States
commissioner of social security administration, the office on
the status of women of the department of human rights, the
department of education, and other persons in the executive
branch of the state government as the department considers
appropriate to facilitate the coordination of multipurpose
service programs established under this chapter with existing
programs of a similar nature.
Sec. 790. Section 249.1, Code 2023, is amended to read as
follows:
249.1 Definitions.
As used in this chapter:
1. “Council” means the council on health and human services.
-523- 1. 2. “Department” means the department of health and human
services.
2. 3. “Director” means the director of health and human
services.
3. 4. “Federal supplemental security income” means cash
payments made to individuals by the United States government
under Tit.XVI of the Social Security Act as amended by Pub.L.
No.92-603, or any other amendments thereto.
4. 5. “Previous categorical assistance programs” means the
aid to the blind program authorized by chapter 241, the aid to
the disabled program authorized by chapter 241A and the old-age
assistance program authorized by chapter 249, Code 1973.
5. 6. “State supplementary assistance” means cash payments
made to individuals:
a. By the United States government on behalf of the state of
Iowa pursuant to section 249.2.
b. By the state of Iowa directly pursuant to sections 249.3
through 249.5.
Sec. 791. Section 249.4, subsection 1, Code 2023, is amended
to read as follows:
1. Applications for state supplementary assistance shall be
made in the form and manner prescribed by the director or the
director’s designee, with the approval of the council on human
services, pursuant to chapter 17A. Each person who so applies
and is found eligible under section 249.3 shall, so long as the
person’s eligibility continues, receive state supplementary
assistance on a monthly basis, from funds appropriated to the
department for the purpose.
Sec. 792. Section 249.5, Code 2023, is amended to read as
follows:
249.5 Judicial review.
If an application is not acted upon within a reasonable
time, if it is denied in whole or in part, or if an award
of assistance is modified, suspended, or canceled under a
provision of this chapter, the applicant or recipient may
-524-appeal to the department of human services, which shall
request the department of inspections and appeals to conduct
a hearing. Upon completion of a hearing, the department of
inspections and appeals shall issue a decision which is subject
to review by the department of human services. Judicial
review of the actions of the department of human services
may be sought in accordance with chapter 17A. Upon receipt
of the petition for judicial review, the department of human
services shall furnish the petitioner with a copy of any
papers filed by the petitioner in support of the petitioner’s
position, a transcript of any testimony taken, and a copy of
the department’s decision.
Sec. 793. Section 249.8, Code 2023, is amended to read as
follows:
249.8 Cancellation of warrants.
The director of the department of administrative services,
as of January, April, July, and October 1 of each year, shall
stop payment on and issue duplicates of all state supplementary
assistance warrants which have been outstanding and unredeemed
by the treasurer of state for six months or longer. No A bond
of indemnity shall not be required for the issuance of such
the duplicate warrants which shall be canceled immediately by
the director of the department of administrative services. If
the original warrants are subsequently presented for payment,
warrants in lieu thereof of the original warrants shall be
issued by the director of the department of administrative
services at the discretion of and upon certification by the
director of human services or the director’s designee.
Sec. 794. Section 249.11, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections and appeals shall conduct
investigations and audits as deemed necessary to ensure
compliance with state supplementary assistance programs
administered under this chapter. The department of inspections
and appeals shall cooperate with the department of human
-525-services on the development of procedures relating to such
investigations and audits to ensure compliance with federal and
state single state agency requirements.
Sec. 795. Section 249.12, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. In order to assure that the necessary data is available
to aid the general assembly to determine appropriate funding
for the custodial care program, the department of human
services shall develop a cost-related system for financial
supplementation to individuals who need custodial care and who
have insufficient resources to purchase the care needed.
2. All privately operated licensed custodial facilities in
Iowa shall cooperate with the department of human services to
develop the cost-related plan.
Sec. 796. Section 249A.2, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the department of health and human
services.
2. “Director” means the director of health and human
services.
Sec. 797. Section 249A.4, subsection 10, paragraph c,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
A nursing facility that utilizes the supplementation option
and receives supplementation under this subsection during any
calendar year shall report to the department of human services
annually, by January 15, the following information for the
preceding calendar year:
Sec. 798. Section 249A.4, subsection 11, Code 2023, is
amended to read as follows:
11. Shall provide an opportunity for a fair hearing before
the department of inspections and appeals to an individual
whose claim for medical assistance under this chapter is
denied or is not acted upon with reasonable promptness. Upon
completion of a hearing, the department of inspections and
-526-appeals shall issue a decision which is subject to review by
the department of human services. Judicial review of the
decisions of the department of human services may be sought in
accordance with chapter 17A. If a petition for judicial review
is filed, the department of human services shall furnish the
petitioner with a copy of the application and all supporting
papers, a transcript of the testimony taken at the hearing, if
any, and a copy of its decision.
Sec. 799. Section 249A.4B, Code 2023, is amended to read as
follows:
249A.4B Medical assistance advisory council.
1. A medical assistance advisory council is created to
comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of
the federal Social Security Act and to advise the director
about health and medical care services under the medical
assistance program. The council shall meet no more than
quarterly. The director of director’s designee responsible
for public health or their designee and a public member of the
council selected by the public members of the council shall
serve as co-chairpersons of the council.
2. a. The council shall consist of the following voting
members:
(1) Five professional or business entity members selected
by the entities specified pursuant to subsection 3, paragraph
“a”.
(2) Five public members appointed pursuant to subsection 3,
paragraph “b”. Of the five public members, at least one member
shall be a recipient of medical assistance.
b. The council shall include all of the following nonvoting
members:
(1) The director of public health, or the director’s
designee responsible for public health or their designee.
(2) The director of the department on aging, or the
director’s designee.
(3) (2) The long-term care ombudsman, or the long-term care
-527-ombudsman’s designee.
(4) (3) The dean of Des Moines university — college of
osteopathic medical center medicine, or the dean’s designee.
(5) (4) The dean of the university of Iowa college of
medicine, or the dean’s designee.
(6) (5) A member of the hawk-i Hawki board created in
section 514I.5, selected by the members of the hawk-i Hawki
board.
(7) (6) The following members of the general assembly, each
for a term of two years as provided in section 69.16B:
(a) Two members of the house of representatives, one
appointed by the speaker of the house of representatives
and one appointed by the minority leader of the house of
representatives from their respective parties.
(b) Two members of the senate, one appointed by the
president of the senate after consultation with the majority
leader of the senate and one appointed by the minority leader
of the senate.
3. The voting membership of the council shall be selected
or appointed as follows:
a. The five professional or business entity members shall
be selected by the entities specified under this paragraph
“a”. The five professional or business entity members selected
shall be the president, or the president’s representative,
of the professional or business entity, or a member of the
professional or business entity, designated by the entity.
(1) The Iowa medical society.
(2) The Iowa osteopathic medical association.
(3) The Iowa academy of family physicians.
(4) The Iowa chapter of the American academy of pediatrics.
(5) The Iowa physical therapy association.
(6) The Iowa dental association.
(7) The Iowa nurses association.
(8) The Iowa pharmacy association.
(9) The Iowa podiatric medical society.
-528- (10) The Iowa optometric association.
(11) The Iowa association of community providers.
(12) The Iowa psychological association.
(13) The Iowa psychiatric society.
(14) The Iowa chapter of the national association of social
workers.
(15) The coalition for family and children’s services in
Iowa.
(16) The Iowa hospital association.
(17) The Iowa association of rural health clinics.
(18) The Iowa primary care association.
(19) Free clinics of Iowa.
(20) The opticians’ association of Iowa, inc.
(21) The Iowa association of hearing health professionals.
(22) The Iowa speech and hearing association.
(23) The Iowa health care association.
(24) The Iowa association of area agencies on aging.
(25) AARP.
(26) The Iowa caregivers association.
(27) Leading age Iowa.
(28) The Iowa association for home care.
(29) The Iowa council of health care centers.
(30) The Iowa physician assistant society.
(31) The Iowa association of nurse practitioners.
(32) The Iowa nurse practitioner society.
(33) The Iowa occupational therapy association.
(34) The ARC of Iowa, formerly known as the association for
retarded citizens of Iowa.
(35) The national alliance on mental illness.
(36) The Iowa state association of counties.
(37) The Iowa developmental disabilities council.
(38) The Iowa chiropractic society.
(39) The Iowa academy of nutrition and dietetics.
(40) The Iowa behavioral health association.
(41) The midwest association for medical equipment services
-529-or an affiliated Iowa organization.
b. The five public members shall be public representatives
which may include members of consumer groups, including
recipients of medical assistance or their families, consumer
organizations, and others, appointed by the governor for
staggered terms of two years each, none of whom shall be
members of, or practitioners of, or have a pecuniary interest
in any of the professional or business entities specifically
represented under paragraph “a”.
4. Based upon the deliberations of the council, the council
shall make recommendations to the director regarding the
budget, policy, and administration of the medical assistance
program.
5. For each council meeting, other than those held during
the time the general assembly is in session, each legislative
member of the council shall be reimbursed for actual travel
and other necessary expenses and shall receive a per diem as
specified in section 7E.6 for each day in attendance, as shall
the members of the council who are recipients or the family
members of recipients of medical assistance, regardless of
whether the general assembly is in session.
6. The department shall provide staff support and
independent technical assistance to the council.
7. The director shall consider the recommendations offered
by the council in the director’s preparation of medical
assistance budget recommendations to the council on health and
human services pursuant to section 217.3 and in implementation
of medical assistance program policies.
Sec. 800. Section 249A.11, Code 2023, is amended to read as
follows:
249A.11 Payment for patient care segregated.
A state resource center or mental health institute, upon
receipt of any payment made under this chapter for the care of
any patient, shall segregate an amount equal to that portion of
the payment which is required by law to be made from nonfederal
-530-funds. The money segregated shall be deposited in the medical
assistance fund of the department of human services.
Sec. 801. Section 249A.12, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. The department of human services shall seek federal
approval to amend the home and community-based services waiver
for persons with an intellectual disability to include day
habilitation services. Inclusion of day habilitation services
in the waiver shall take effect upon receipt of federal
approval.
Sec. 802. Section 249A.15A, subsection 4, Code 2023, is
amended to read as follows:
4. The department shall adopt rules pursuant to chapter 17A
entitling alcohol and drug counselors who are certified by the
nongovernmental Iowa board of substance abuse certification to
payment for behavioral health services provided to recipients
of medical assistance, subject to limitations and exclusions
the department finds necessary on the basis of federal laws and
regulations.
Sec. 803. Section 249A.21, subsection 9, Code 2023, is
amended to read as follows:
9. The department of human services may procure a sole
source contract to implement the provisions of this section.
Sec. 804. Section 249A.24, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In addition to any other duties prescribed, the commission
shall make recommendations to the council on health and human
services regarding strategies to reduce state expenditures
for prescription drugs under the medical assistance program
excluding provider reimbursement rates. The commission shall
make initial recommendations to the council by October 1, 2002.
Following approval of any recommendation by the council on
health and human services, the department shall include the
approved recommendation in a notice of intended action under
chapter 17A and shall comply with chapter 17A in adopting
-531-any rules to implement the recommendation. The department
shall seek any federal waiver necessary to implement any
approved recommendation. The strategies to be considered for
recommendation by the commission shall include at a minimum all
of the following:
Sec. 805. Section 249A.26, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Except as provided for disallowed costs in section
249A.27, the state shall pay one hundred percent of the
nonfederal share of the cost of case management provided to
adults, day treatment, and partial hospitalization provided
under the medical assistance program for persons with an
intellectual disability, a developmental disability, or
chronic mental illness. For purposes of this section, persons
with mental disorders resulting from Alzheimer’s disease
or a substance-related substance use disorder shall not be
considered to be persons with chronic mental illness.
Sec. 806. Section 249A.29, Code 2023, is amended to read as
follows:
249A.29 Home and community-based services waiver providers
— records checks.
1. For purposes of this section and section 249A.30 unless
the context otherwise requires:
a. “Consumer” means an individual approved by the department
to receive services under a waiver.
b. “Provider” means an agency certified by the department to
provide services under a waiver.
c. “Waiver” means a home and community-based services waiver
approved by the federal government and implemented under the
medical assistance program.
2. If a person is being considered by a provider for
employment involving direct responsibility for a consumer or
with access to a consumer when the consumer is alone, and
if the person has been convicted of a crime or has a record
of founded child or dependent adult abuse, the record check
-532-evaluation system of the department shall perform an evaluation
to determine whether the crime or founded abuse warrants
prohibition of employment by the provider. The department
record check evaluation system shall conduct criminal and child
and dependent adult abuse records checks of the person in
this state and may conduct these checks in other states. The
records checks and evaluations required by this section shall
be performed in accordance with procedures adopted for this
purpose by the department.
3. If the department record check evaluation system
determines that a person employed by a provider has committed
a crime or has a record of founded abuse, the department
record check evaluation system shall perform an evaluation to
determine whether prohibition of the person’s employment is
warranted.
4. In an evaluation, the department record check evaluation
system shall consider the nature and seriousness of the crime
or founded abuse in relation to the position sought or held,
the time elapsed since the commission of the crime or founded
abuse, the circumstances under which the crime or founded abuse
was committed, the degree of rehabilitation, the likelihood
that the person will commit the crime or founded abuse again,
and the number of crimes or founded abuses committed by the
person involved. The department record check evaluation
system may permit a person who is evaluated to be employed
or to continue to be employed by the provider if the person
complies with the department’s record check evaluation system’s
conditions relating to the employment, which may include
completion of additional training.
5. If the department record check evaluation system
determines that the person has committed a crime or has
a record of founded abuse which warrants prohibition of
employment, the person shall not be employed by a provider.
Sec. 807. Section 249A.32B, Code 2023, is amended to read
as follows:
-533- 249A.32B Early and periodic screening, diagnosis, and
treatment funding.
The department of human services, in consultation with
the Iowa department of public health and the department of
education, shall continue the program to utilize the early and
periodic screening, diagnosis, and treatment program funding
under the medical assistance program, to the extent possible,
to implement the screening component of the early and periodic
screening, diagnosis, and treatment program through the
schools. The department may enter into contracts to utilize
maternal and child health centers, the public health nursing
program, or school nurses in implementing this section.
Sec. 808. Section 249A.33, subsection 1, Code 2023, is
amended to read as follows:
1. A pharmaceutical settlement account is created in
the state treasury under the authority of the department of
human services. Moneys received from settlements relating
to provision of pharmaceuticals under the medical assistance
program shall be deposited in the account.
Sec. 809. Section 249A.37, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Provide, with respect to individuals who are eligible
for or are provided medical assistance under the state’s
medical assistance state plan, upon the request of the state,
information to determine during what period the individual or
the individual’s spouse or dependents may be or may have been
covered by a health insurer and the nature of the coverage that
is or was provided by the health insurer, including the name,
address, and identifying number of the plan, in accordance
with section 505.25, in a manner prescribed by the department
of human services or as agreed upon by the department and the
entity specified in this section.
Sec. 810. Section 249A.37, subsection 2, Code 2023, is
amended to read as follows:
2. The department of human services may adopt rules pursuant
-534-to chapter 17A as necessary to implement this section. Rules
governing the exchange of information under this section shall
be consistent with all laws, regulations, and rules relating
to the confidentiality or privacy of personal information or
medical records, including but not limited to the federal
Health Insurance Portability and Accountability Act of 1996,
Pub.L. No.104-191, and regulations promulgated in accordance
with that Act and published in 45 C.F.R. pts.160 – 164.
Sec. 811. Section 249A.48, Code 2023, is amended to read as
follows:
249A.48 Temporary moratoria.
1. The Iowa Medicaid enterprise program shall impose a
temporary moratorium on the enrollment of new providers or
provider types identified by the centers for Medicare and
Medicaid services of the United States department of health
and human services as posing an increased risk to the medical
assistance Medicaid program.
a. This section shall not be interpreted to require the
Iowa Medicaid enterprise program to impose a moratorium if the
Iowa Medicaid enterprise program determines that imposition
of a temporary moratorium would adversely affect access of
recipients to medical assistance services.
b. If the Iowa Medicaid enterprise program makes a
determination as specified in paragraph “a”, the Iowa Medicaid
enterprise program shall notify the centers for Medicare and
Medicaid services of the United States department of health and
human services in writing.
2. The Iowa Medicaid enterprise program may impose a
temporary moratorium on the enrollment of new providers, or
impose numerical caps or other limits that the Iowa Medicaid
enterprise program and the centers for Medicare and Medicaid
services identify as having a significant potential for fraud,
waste, or abuse.
a. Before implementing the moratorium, caps, or other
limits, the Iowa Medicaid enterprise program shall determine
-535-that its action would not adversely impact access by recipients
to medical assistance Medicaid services.
b. The Iowa Medicaid enterprise program shall notify, in
writing, the centers for Medicare and Medicaid services, if the
Iowa Medicaid enterprise program seeks to impose a moratorium
under this subsection, including all of the details of the
moratorium. The Iowa Medicaid enterprise program shall receive
approval from the centers for Medicare and Medicaid services
prior to imposing a moratorium under this subsection.
3. a. The Iowa Medicaid enterprise program shall impose any
moratorium for an initial period of six months.
b. If the Iowa Medicaid enterprise program determines that
it is necessary, the Iowa Medicaid enterprise program may
extend the moratorium in six-month increments. Each time a
moratorium is extended, the Iowa Medicaid enterprise program
shall document, in writing, the necessity for extending the
moratorium.
Sec. 812. Section 249A.50, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections and appeals shall conduct
investigations and audits as deemed necessary to ensure
compliance with the medical assistance program administered
under this chapter. The department of inspections and appeals
shall cooperate with the department of human services on the
development of procedures relating to such investigations and
audits to ensure compliance with federal and state single state
agency requirements.
Sec. 813. Section 249B.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of health and human
services.
Sec. 814. Section 249F.1, Code 2023, is amended to read as
follows:
249F.1 Definitions.
As used in this chapter, unless the context otherwise
-536-requires:
1. “Department” means the department of health and human
services.
1. 2. “Medical assistance” means “mandatory medical
assistance”, “optional medical assistance”, “discretionary
medical assistance”, or “Medicare cost sharing” as each is
defined in section 249A.2 which is provided to an individual
pursuant to chapter 249A and Tit.XIX of the federal Social
Security Act.
2. 3. a. “Transfer of assets” means any transfer or
assignment of a legal or equitable interest in property, as
defined in section 702.14, from a transferor to a transferee
for less than fair consideration, made while the transferor
is receiving medical assistance or within five years prior to
application for medical assistance by the transferor. Any
such transfer or assignment is presumed to be made with the
intent, on the part of the transferee; transferor; or another
person acting on behalf of a transferor who is an actual or
implied agent, guardian, attorney-in-fact, or person acting as
a fiduciary, of enabling the transferor to obtain or maintain
eligibility for medical assistance or of impacting the recovery
or payment of a medical assistance debt. This presumption
is rebuttable only by clear and convincing evidence that
the transferor’s eligibility or potential eligibility for
medical assistance or the impact on the recovery or payment
of a medical assistance debt was no part of the reason of
the transferee; transferor; or other person acting on behalf
of a transferor who is an actual or implied agent, guardian,
attorney-in-fact, or person acting as a fiduciary for making
or accepting the transfer or assignment. A transfer of assets
includes a transfer of an interest in the transferor’s home,
domicile, or land appertaining to such home or domicile
while the transferor is receiving medical assistance, unless
otherwise exempt under paragraph “b”.
b. However, transfer of assets does not include the
-537-following:
(1) Transfers to or for the sole benefit of the
transferor’s spouse, including a transfer to a spouse by an
institutionalized spouse pursuant to section 1924(f)(1) of the
federal Social Security Act.
(2) Transfers to or for the sole benefit of the transferor’s
child who is blind or has a disability as defined in section
1614 of the federal Social Security Act.
(3) Transfer of a dwelling, which serves as the transferor’s
home as defined in 20 C.F.R. §416.1212, to a child of the
transferor under twenty-one years of age.
(4) Transfer of a dwelling, which serves as the transferor’s
home as defined in 20 C.F.R. §416.1212, after the transferor is
institutionalized, to either of the following:
(a) A sibling of the transferor who has an equity interest
in the dwelling and who was residing in the dwelling for a
period of at least one year immediately prior to the date the
transferor became institutionalized.
(b) A child of the transferor who was residing in the
dwelling for a period of at least two years immediately prior
to the date the transferor became institutionalized and who
provided care to the transferor which permitted the transferor
to reside at the dwelling rather than in an institution or
facility.
(5) Transfers of less than two thousand dollars. However,
all transfers by the same transferor during the five-year
period prior to application for medical assistance by the
transferor shall be aggregated. If a transferor transfers
property to more than one transferee during the five-year
period prior to application for medical assistance by the
transferor, the two thousand dollar exemption shall be divided
equally between the transferees.
(6) Transfers of assets that would, at the time of the
transferor’s application for medical assistance, have been
exempt from consideration as a resource if retained by the
-538-transferor, pursuant to 42 U.S.C. §1382b(a), as implemented
by regulations adopted by the secretary of the United States
department of health and human services, excluding the home and
land appertaining to the home.
(7) Transfers to a trust established solely for the benefit
of the transferor’s child who is blind or permanently and
totally disabled as defined in the federal Social Security Act,
section 1614, as codified in 42 U.S.C. §1382c.
(8) Transfers to a trust established solely for the benefit
of an individual under sixty-five years of age who is disabled,
as defined in the federal Social Security Act, section 1614, as
codified in 42 U.S.C. §1382c.
3. 4. “Transferee” means the person who receives a transfer
of assets.
4. 5. “Transferor” means the person who makes a transfer
of assets.
Sec. 815. Section 249F.2, Code 2023, is amended to read as
follows:
249F.2 Creation of debt.
A transfer of assets creates a debt due and owing to the
department of human services from the transferee in an amount
equal to medical assistance provided to or on behalf of the
transferor, on or after the date of the transfer of assets, but
not exceeding the fair market value of the assets at the time
of the transfer.
Sec. 816. Section 249F.3, Code 2023, is amended to read as
follows:
249F.3 Notice of debt — failure to respond — hearing —
order.
1. The department of human services may issue a notice
establishing and demanding payment of an accrued or accruing
debt due and owing to the department of human services as
provided in section 249F.2. The notice shall be sent by
restricted certified mail as defined in section 618.15, to
the transferee at the transferee’s last known address. If
-539-service of the notice is unable to be completed by restricted
certified mail, the notice shall be served upon the transferee
in accordance with the rules of civil procedure. The notice
shall include all of the following:
a. The amount of medical assistance provided to the
transferor to date which creates the debt.
b. A computation of the debt due and owing.
c. A demand for immediate payment of the debt.
d. (1) A statement that if the transferee desires to
discuss the notice, the transferee, within ten days after
being served, may contact the department of human services and
request an informal conference.
(2) A statement that if a conference is requested, the
transferee has until ten days after the date set for the
conference or until twenty days after the date of service of
the original notice, whichever is later, to send a request for
a hearing to the department of human services.
(3) A statement that after the holding of the conference,
the department of human services may issue a new notice to
be sent to the transferee by first-class mail addressed to
the transferee at the transferee’s last known address, or if
applicable, to the transferee’s attorney at the last known
address of the transferee’s attorney.
(4) A statement that if the department of human services
issues a new notice, the transferee has until ten days after
the date of mailing of the new notice or until twenty days
after the date of service of the original notice, whichever is
later, to send a request for a hearing to the department of
human services.
e. A statement that if the transferee objects to all or any
part of the original notice and no conference is requested, the
transferee has until twenty days after the date of service of
the original notice to send a written response setting forth
any objections and requesting a hearing to the department of
human services.
-540- f. A statement that if a timely written request for a
hearing is received by the department of human services, the
transferee has the right to a hearing to be held in district
court as provided in section 249F.4; and that if no timely
written request for hearing is received, the department of
human services will enter an order in accordance with the
latest notice.
g. A statement that as soon as the order is entered, the
property of the transferee is subject to collection action,
including but not limited to wage withholding, garnishment,
attachment of a lien, or execution.
h. A statement that the transferee must notify the
department of human services of any change of address or
employment.
i. A statement that if the transferee has any questions
concerning the transfer of assets, the transferee should
contact the department of human services or consult an
attorney.
j. Other information as the department of human services
finds appropriate.
2. If a timely written request for hearing is received by
the department of human services, a hearing shall be held in
district court.
3. If a timely written request for hearing is not received
by the department of human services, the department may enter
an order in accordance with the latest notice, and the order
shall specify all of the following:
a. The amount to be paid with directions as to the manner
of payment.
b. The amount of the debt accrued and accruing in favor of
the department of human services.
c. Notice that the property of the transferee is subject
to collection action, including but not limited to wage
withholding, garnishment, attachment of a lien, and execution.
4. The transferee shall be sent a copy of the order
-541-by first-class mail addressed to the transferee at the
transferee’s last known address, or if applicable, to the
transferee’s attorney at the last known address of the
transferee’s attorney. The order is final, and action by the
department of human services to enforce and collect upon the
order may be taken from the date of the issuance of the order.
Sec. 817. Section 249F.4, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If a timely written request for a hearing is received,
the department of human services shall certify the matter to
the district court in the county where the transferee resides.
3. The department of human services may also request a
hearing on its own motion regarding the determination of a
debt, at any time prior to entry of an administrative order.
Sec. 818. Section 249F.5, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. A true copy of an order entered by the department of
human services pursuant to this chapter, along with a true
copy of the return of service, if applicable, may be filed in
the office of the clerk of the district court in the county
in which the transferee resides or, if the transferee resides
in another state, in the office of the district court in the
county in which the transferor resides.
2. The department of human services order shall be
presented, ex parte, to the district court for review and
approval. Unless defects appear on the face of the order or on
the attachments, the district court shall approve the order.
The approved order shall have all force, effect, and attributes
of a docketed order or decree of the district court.
Sec. 819. Section 249F.7, Code 2023, is amended to read as
follows:
249F.7 Administration.
As provided in this chapter, the establishment of a debt
for medical assistance due to transfer of assets shall
be administered by the department of human services. All
-542-administrative discretion in the administration of this chapter
shall be exercised by the department of human services, and any
state administrative rules implementing or interpreting this
chapter shall be adopted by the department of human services.
Sec. 820. Section 249K.2, Code 2023, is amended to read as
follows:
249K.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Complete replacement” means completed construction on
a new nursing facility to replace an existing licensed and
certified facility. The replacement facility shall be located
in the same geographical service area as the facility that is
replaced and shall have the same number or fewer licensed beds
than the original facility.
2. “Department” means the department of health and human
services.
3. “Iowa Medicaid enterprise” means Iowa Medicaid enterprise
as defined in section 135D.2.
4. 3. “Major renovations” means construction or facility
improvements to a nursing facility in which the total amount
expended exceeds seven hundred fifty thousand dollars.
5. 4. “Medical assistance”, or “medical assistance program”,
or “Medicaid program” means the medical assistance program
created pursuant to chapter 249A.
6. 5. “New construction” means the construction of a new
nursing facility which does not replace an existing licensed
and certified facility and requires the provider to obtain a
certificate of need pursuant to chapter 135, subchapter VI.
7. 6. “Nondirect care component” means the portion of
the reimbursement rate under the medical assistance program
attributable to administrative, environmental, property, and
support care costs reported on the provider’s financial and
statistical report.
8. 7. “Nursing facility” means a nursing facility as
-543-defined in section 135C.1.
9. 8. “Provider” means a current or future owner or
operator of a nursing facility that provides medical assistance
program services.
10. 9. “Rate determination letter” means the letter that
is distributed quarterly by the Iowa Medicaid enterprise
program to each nursing facility, which is based on previously
submitted financial and statistical reports from each nursing
facility.
Sec. 821. Section 249K.3, subsection 2, paragraphs a and e,
Code 2023, are amended to read as follows:
a. The provider shall submit a written request for instant
relief to the Iowa Medicaid enterprise program explaining the
nature, timing, and goals of the project and the time period
during which the relief is requested. The written request
shall clearly state if the provider is also requesting the
nondirect care limit exception. The written request for
instant relief shall be submitted no earlier than thirty days
prior to the placement of the provider’s assets in service.
The written request for relief shall provide adequate details
to calculate the estimated value of relief including but not
limited to the total cost of the project, the estimated annual
depreciation expenses using generally accepted accounting
principles, the estimated useful life based upon existing
medical assistance and Medicare provisions, and a copy of the
most current depreciation schedule. If interest expenses are
included, a copy of the general terms of the debt service and
the estimated annual amount of the interest expenses shall be
submitted with the written request for relief.
e. During the period in which instant relief is granted, the
Iowa Medicaid enterprise program shall recalculate the value of
the instant relief based on allowable costs and patient days
reported on the annual financial and statistical report. For
purposes of calculating the per diem relief, total patient
days shall be the greater of actual annual patient days or
-544-eighty-five percent of the facility’s licensed capacity. The
actual value of relief shall be added to the nondirect care
component for the relevant period, not to exceed one hundred
ten percent of the nondirect care median for the relevant
period or not to exceed one hundred twenty percent of the
nondirect care median for the relevant period if the nondirect
care limit exception is requested and granted. The provider’s
quarterly rates for the relevant period shall be retroactively
adjusted to reflect the revised nondirect care rate. All
claims with dates of service from the date that instant relief
is granted to the date that the instant relief is terminated
shall be repriced to reflect the actual value of the instant
relief per diem utilizing a mass adjustment.
Sec. 822. Section 249K.5, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. The Iowa Medicaid enterprise program shall administer
this chapter. The department of human services shall adopt
rules, pursuant to chapter 17A, to administer this chapter.
3. In addition to any other factors to be considered in
determining if a provider is eligible to participate under this
chapter, the Iowa Medicaid enterprise program shall consider
all of the following:
a. The history of the provider’s regulatory compliance.
b. The historical access to nursing facility services for
medical assistance program beneficiaries.
c. The provider’s dedication to and participation in quality
of care, considering all quality programs in which the provider
has participated.
d. The provider’s plans to facilitate person-directed care.
e. The provider’s plans to facilitate dementia units and
specialty post-acute services.
Sec. 823. Section 249L.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of health and human
services.
-545- Sec. 824. Section 249M.2, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the department of health and human
services.
Sec. 825. Section 249M.4, subsection 5, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The projected expenditures for participating hospitals
for the fiscal year beginning July 1, 2010, as determined by
the fiscal management division of the department, plus the
amount calculated under subparagraph (1).
Sec. 826. Section 249N.2, subsections 4, 5, and 14, Code
2023, are amended to read as follows:
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
14. “Medical assistance program”, “Medicaid program”, or
“Medicaid” means the program paying all or part of the costs of
care and services provided to an individual pursuant to chapter
249A and Tit.XIX of the federal Social Security Act.
Sec. 827. Section 249N.5, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. For members whose household income is at or below one
hundred percent of the federal poverty level, the plan shall be
administered by the Iowa Medicaid enterprise program consistent
with program administration applicable to individuals under
section 249A.3, subsection 1.
Sec. 828. Section 251.1, Code 2023, is amended to read as
follows:
251.1 Definitions.
As used in this chapter:
1. “Administrator” means the administrator of the division
of adult, children, and family services of the department of
human services.
2. 1. “Division” or “state division” “Department” means
-546-the division of adult, children, and family services of the
department of health and human services.
2. “Director” means the director of health and human
services.
Sec. 829. Section 251.2, Code 2023, is amended to read as
follows:
251.2 Administration of emergency relief.
The state division department, in addition to all other
powers and duties given it the department by law, shall be is
charged with the supervision and administration of all funds
coming into the hands of received by the state now or hereafter
provided for emergency relief.
Sec. 830. Section 251.3, Code 2023, is amended to read as
follows:
251.3 Powers and duties.
The administrator director shall have the power to do all of
the following:
1. Appoint such personnel as may be necessary for the
efficient discharge of the duties imposed upon on the
administrator in the administration of emergency relief,
director and to make such rules and regulations as the
administrator deems necessary or advisable covering relating
to the administrator’s director’s activities and those of the
service area advisory boards created under section 217.43,
concerning emergency relief.
2. Join and cooperate with the government of the
United States, or any of its appropriate agencies or
instrumentalities, in any proper emergency relief activity.
3. Make such reports of budget estimates to the governor
and to the general assembly as are required by law, or are
as necessary and proper to obtain appropriations of funds
necessary for emergency relief purposes and for all the
purposes of this chapter.
4. Determine the need for funds in the various counties of
the state basing such determination upon the amount of money
-547-needed in the various counties to provide adequate emergency
relief, and upon the counties’ financial inability to provide
such relief from county funds. The administrator director may
administer said state funds belonging to the state within the
various counties of the state to supplement local funds as
needed.
5. Make such reports, obtain and furnish such information
from time to time as may be required by the governor, by the
general assembly, or by any other proper appropriate state or
federal office or agency, state or federal, and make an annual
report of its the department’s emergency relief activities.
Sec. 831. Section 251.4, Code 2023, is amended to read as
follows:
251.4 Grants from state funds to counties.
The state division department may require as a condition
of making available state assistance available to counties
for emergency relief purposes, that the county boards of
supervisors shall establish budgets as needed in respect to the
relief situation in the counties.
Sec. 832. Section 251.5, Code 2023, is amended to read as
follows:
251.5 Duties of the service area advisory board.
A service area The advisory board created in section 217.43
shall perform the following activities for any county in
the board’s service area counties represented on the board
concerning emergency relief:
1. Cooperate with a county’s board of supervisors in all
matters pertaining to administration of relief.
2. At the request of a county’s board of supervisors,
prepare requests for grants of state funds.
3. At the request of a county’s board of supervisors,
administer county relief funds.
4. In a county receiving grants of state funds upon approval
of the director of the department of administrative services
and the county’s board of supervisors, administer both state
-548-and county relief funds.
5. Perform other duties as may be prescribed by the
administrator department and a county’s board of supervisors.
Sec. 833. Section 251.6, Code 2023, is amended to read as
follows:
251.6 County supervisors to determine emergency relief and
work projects.
The county board of supervisors shall supervise
administration of emergency relief, and shall determine the
minimum amount of relief required for each person or family,
which persons are employable, and whether and under what
conditions persons receiving emergency relief may be employed
by the county.
Sec. 834. Section 251.7, Code 2023, is amended to read as
follows:
251.7 County appointees to act as executive officers.
The county board of supervisors may appoint an individual a
person to serve as the executive officer of the service area
advisory board in all matters pertaining to relief for that
county.
Sec. 835. Section 252.26, Code 2023, is amended to read as
follows:
252.26 General assistance director.
The board of supervisors in each county shall appoint or
designate a general assistance director for the county, who
shall have the powers and duties conferred by this chapter.
In counties of one hundred thousand or less population, the
county board may designate as general assistance director an
employee of the state department of health and human services
who is assigned to work in that county and is directed by the
director of health and human services, pursuant to an agreement
with the county board, to exercise the functions and duties
of general assistance director in that county. The general
assistance director shall receive as compensation an amount to
be determined by the county board.
-549- Sec. 836. Section 252.33, Code 2023, is amended to read as
follows:
252.33 Application for assistance.
A person may make application for assistance to a member
of the board of supervisors, or to the general assistance
director of the county where the person is. If application
is made to the general assistance director and that officer
is satisfied that the applicant is in a state of want which
requires assistance at the public expense, the general
assistance director may afford temporary assistance, subject to
the approval of the board of supervisors, as the necessities
of the person require and shall immediately report the case to
the board of supervisors, who may continue or deny assistance,
as they find cause.
Sec. 837. Section 252.37, Code 2023, is amended to read as
follows:
252.37 Appeal to supervisors.
If a poor person, on application to the general assistance
director, is refused the required assistance, the applicant
may appeal to the board of supervisors, who, upon examination
into the matter, may order the general assistance director to
provide assistance, or who may direct specific assistance.
Sec. 838. Section 252A.2, subsections 7 and 8, Code 2023,
are amended to read as follows:
7. “Petitioner” includes each dependent person for whom
support is sought in a proceeding instituted pursuant to
this chapter or a mother or putative father of a dependent.
However, in an action brought by the child support recovery
unit services, the state is the petitioner.
8. “Petitioner’s representative” includes counsel of a
dependent person for whom support is sought and counsel for a
mother or putative father of a dependent. In an action brought
by the child support recovery unit services, “petitioner’s
representative” includes a county attorney, state’s attorney
and any other public officer, by whatever title the officer’s
-550-public office may be known, charged by law with the duty of
instituting, maintaining, or prosecuting a proceeding under
this chapter or under the laws of the state.
Sec. 839. Section 252A.3A, subsections 3, 4, 7, 10, 12, and
13, Code 2023, are amended to read as follows:
3. a. Prior to or at the time of completion of an affidavit
of paternity, written and oral information about paternity
establishment, developed by the child support recovery unit
services created in section 252B.2, shall be provided to the
mother and putative father. Video or audio equipment may be
used to provide oral information.
b. The information provided shall include a description
of parental rights and responsibilities, including the duty
to provide financial support for the child, the benefits of
establishing paternity, and the alternatives to and legal
consequences of signing an affidavit of paternity, including
the rights available if a parent is a minor.
c. Copies of the written information shall be made
available by the child support recovery unit services or the
Iowa department of public health and human services to those
entities where an affidavit of paternity may be obtained as
provided under subsection 4.
4. a. The affidavit of paternity form developed and used by
the Iowa department of public health and human services is the
only affidavit of paternity form recognized for the purpose of
establishing paternity under this section. It shall include
the minimum requirements specified by the secretary of the
United States department of health and human services pursuant
to 42 U.S.C. §652(a)(7). A properly completed affidavit of
paternity form developed by the Iowa department of public
health and human services and existing on or after July 1,
1993, but which is superseded by a later affidavit of paternity
form developed by the Iowa department of public health and
human services, shall have the same legal effect as a paternity
affidavit form used by the Iowa department of public health and
-551-human services on or after July 1, 1997, regardless of the date
of the filing and registration of the affidavit of paternity,
unless otherwise required under federal law.
b. The form shall be available from the state registrar,
each county registrar, the child support recovery unit
services, and any institution in the state.
c. The Iowa department of public health and human services
shall make copies of the form available to the entities
identified in paragraph “b” for distribution.
7. The state registrar shall make copies of affidavits
of paternity and identifying information from the affidavits
filed and registered pursuant to this section available to the
child support recovery unit services created under section
252B.2 in accordance with section 144.13, subsection 4, and any
subsequent rescission form which rescinds the affidavit.
10. a. An institution may be reimbursed by the child
support recovery unit services created in section 252B.2 for
providing the services described under subsection 9, or may
provide the services at no cost.
b. An institution electing reimbursement shall enter into a
written agreement with the child support recovery unit services
for this purpose.
c. An institution entering into an agreement for
reimbursement shall assist the parents of a child born out of
wedlock in completing and filing an affidavit of paternity.
d. Reimbursement shall be based only on the number of
affidavits completed in compliance with this section and
submitted to the state registrar during the duration of
the written agreement with the child support recovery unit
services.
e. The reimbursement rate is twenty dollars for each
completed affidavit filed with the state registrar.
12. a. A completed affidavit of paternity may be rescinded
by registration by the state registrar of a completed and
notarized rescission form signed by either the mother or
-552-putative father who signed the affidavit of paternity that the
putative father is not the father of the child. The completed
and notarized rescission form shall be filed with the state
registrar for the purpose of registration prior to the earlier
of the following:
(1) Sixty days after the latest notarized signature of the
mother or putative father on the affidavit of paternity.
(2) Entry of a court order pursuant to a proceeding in this
state to which the signatory is a party relating to the child,
including a proceeding to establish a support order under this
chapter, chapter 252C, 252F, 598, or 600B or other law of this
state.
b. Unless the state registrar has received and registered an
order as provided in section 252A.3, subsection 10, paragraph
“a”, which legally establishes paternity, upon registration
of a timely rescission form the state registrar shall remove
the father’s information from the certificate of birth, and
shall send a written notice of the rescission to the last known
address of the signatory of the affidavit of paternity who did
not sign the rescission form.
c. The Iowa department of public health and human services
shall develop a rescission form and an administrative process
for rescission. The form shall be the only rescission form
recognized for the purpose of rescinding a completed affidavit
of paternity. A completed rescission form shall include the
signature of a notary public attesting to the identity of
the party signing the rescission form. The Iowa department
of public health and human services shall adopt rules which
establish a fee, based upon the average administrative cost, to
be collected for the registration of a rescission.
d. If an affidavit of paternity has been rescinded under
this subsection, the state registrar shall not register any
subsequent affidavit of paternity signed by the same mother and
putative father relating to the same child.
13. The child Child support recovery unit services may
-553-enter into a written agreement with an entity designated by the
secretary of the United States department of health and human
services to offer voluntary paternity establishment services.
a. The agreement shall comply with federal requirements
pursuant to 42 U.S.C. §666(a)(5)(C) including those regarding
notice, materials, training, and evaluations.
b. The agreement may provide for reimbursement of the entity
by the state if reimbursement is permitted by federal law.
Sec. 840. Section 252A.5, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Whenever the state or a political subdivision thereof of
the state furnishes support to a dependent, it the political
subdivision of the state has the same right through proceedings
instituted by the petitioner’s representative to invoke
the provisions hereof of this section as the dependent to
whom the support was furnished, for the purpose of securing
reimbursement of expenditures so made and of obtaining
continuing support; the petition in such case may be verified
by any official having knowledge of such expenditures without
further verification of any person and consent of the dependent
shall not be required in order to institute proceedings under
this chapter. The child Child support recovery unit services
may bring the action based upon a statement of a witness,
regardless of age, with knowledge of the circumstances,
including, but not limited to, statements by the mother of the
dependent or a relative of the mother or the putative father.
3. If the child support recovery unit services is providing
services, the unit child support services has the same right
to invoke the provisions of this section as the dependent for
which support is owed for the purpose of securing support. The
petition in such case may be verified by any official having
knowledge of the request for services by the unit child support
services, without further verification by any other person,
and consent of the dependent shall not be required in order
to institute proceedings under this chapter. The child Child
-554- support recovery unit services may bring the action based upon
the statement of a witness, regardless of age, with knowledge
of the circumstances, including, but not limited to, statements
by the mother of the dependent or a relative of the mother or
the putative father.
Sec. 841. Section 252A.13, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If public assistance is provided by the department of
health and human services to or on behalf of a dependent child
or a dependent child’s caretaker, there is an assignment by
operation of law to the department of any and all rights in,
title to, and interest in any support obligation, payment, and
arrearages owed to or on behalf of the child or caretaker not
to exceed the amount of public assistance paid for or on behalf
of the child or caretaker as follows:
a. For family investment program assistance, section 239B.6
shall apply.
b. For foster care services, section 234.39 shall apply.
c. For medical assistance, section 252E.11 shall apply.
3. The clerk shall furnish the department with copies of
all orders or decrees awarding and temporary domestic abuse
orders addressing support when the parties are receiving public
assistance or services are otherwise provided by the child
support recovery unit services. Unless otherwise specified
in the order, an equal and proportionate share of any child
support awarded is presumed to be payable on behalf of each
child, subject to the order or judgment, for purposes of an
assignment under this section.
Sec. 842. Section 252A.18, Code 2023, is amended to read as
follows:
252A.18 Registration of support order — notice.
Registration of a support order of another state or foreign
country shall be in accordance with chapter 252K except that,
with regard to service, promptly upon registration, the clerk
of the court shall, by restricted certified mail, or the child
-555-support recovery unit services shall, as provided in section
252B.26, send to the respondent notice of the registration with
a copy of the registered support order or the respondent may
be personally served with the notice and the copy of the order
in the same manner as original notices are personally served.
The clerk shall also docket the case and notify the prosecuting
attorney of the action. The clerk shall maintain a registry of
all support orders registered pursuant to this section. The
filing is in equity.
Sec. 843. Section 252B.1, Code 2023, is amended to read as
follows:
252B.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Absent parent” means the parent who either cannot be
located or who is located and is not residing with the child
at the time the support collection or paternity determination
services provided in sections 252B.5 and 252B.6 are requested
or commenced.
2. “Child” includes but shall not be limited to a stepchild,
foster child, or legally adopted child and means a child
actually or apparently under eighteen years of age or a
dependent person eighteen years of age or over who is unable
to maintain the person’s self and is likely to become a public
charge. “Child” includes “child” as defined in section 239B.1.
3. “Child support agency” means child support agency as
defined in section 252H.2.
4. “Child support services” means child support services
created in section 252B.2.
4. 5. “Department” means the department of health and human
services.
5. 6. “Director” means the director of health and human
services.
6. 7. “Obligor” means the person legally responsible for
the support of a child as defined in section 252D.16 or 598.1
-556-under a support order issued in this state or pursuant to the
laws of another state or foreign country.
7. 8. “Resident parent” means the parent with whom the
child is residing at the time the support collection or
paternity determination services provided in sections 252B.5
and 252B.6 are requested or commenced.
8. “Unit” means the child support recovery unit created in
section 252B.2.
Sec. 844. Section 252B.2, Code 2023, is amended to read as
follows:
252B.2 Unit Child support services established —
intervention.
There is created within the department of human services
a child support recovery unit services for the purpose of
providing the services required in sections 252B.3 through
252B.6. The unit Child support services is not required to
intervene in actions to provide such services.
Sec. 845. Section 252B.3, Code 2023, is amended to read as
follows:
252B.3 Duty of department to enforce child support —
cooperation — rules.
1. Upon receipt by the department of an application for
public assistance on behalf of a child and determination by the
department that the child is eligible for public assistance and
that provision of child support services is appropriate, the
department shall take appropriate action under the provisions
of this chapter or under other appropriate statutes of this
state including but not limited to chapters 239B, 252A, 252C,
252D, 252E, 252F, 252G, 252H, 252I, 252J, 598, and 600B, to
ensure that the parent or other person responsible for the
support of the child fulfills the support obligation. The
department shall also take appropriate action as required by
federal law upon receiving a request from a child support
agency for a child receiving public assistance in another
state.
-557- 2. The department of human services may negotiate a partial
payment of a support obligation with a parent or other person
responsible for the support of the child, provided that the
negotiation and partial payment are consistent with applicable
federal law and regulation.
3. The department shall adopt rules pursuant to chapter
17A regarding cases in which, under federal law, it is a
condition of eligibility for an individual who is an applicant
for or recipient of public assistance to cooperate in good
faith with the department in establishing the paternity of, or
in establishing, modifying, or enforcing a support order by
identifying and locating the parent of the child or enforcing
rights to support payments. The rules shall include all of the
following provisions:
a. As required by the unit child support services, the
individual shall provide the name of the noncustodial parent
and additional necessary information, and shall appear at
interviews, hearings, and legal proceedings.
b. If paternity is an issue, the individual and child shall
submit to blood or genetic tests pursuant to a judicial or
administrative order.
c. The individual may be requested to sign a voluntary
affidavit of paternity, after notice of the rights and
consequences of such an acknowledgment, but shall not be
required to sign an affidavit or otherwise relinquish the right
to blood or genetic tests.
d. The unit Child support services shall promptly notify
the individual and the appropriate division of the department
administering the department’s public assistance program
programs of each determination by the unit child support
services of noncooperation of the individual and the reason for
such determination.
e. A procedure under which the individual may claim that,
and the department shall determine whether, the individual has
sufficient good cause or other exception for not cooperating,
-558-taking into consideration the best interest of the child.
4. Without need for a court order and notwithstanding
the requirements of section 598.22A, the support payment
ordered pursuant to any chapter shall be satisfied as to the
department, the child, and either parent for the period during
which the parents are reconciled and are cohabiting, the child
for whom support is ordered is living in the same residence
as the parents, and the obligor receives public assistance on
the obligor’s own behalf for the benefit of the child. The
department shall implement this subsection as follows:
a. The unit Child support services shall file a notice of
satisfaction with the clerk of court.
b. This subsection shall not apply unless all the children
for whom support is ordered reside with both parents, except
that a child may be absent from the home due to a foster care
placement pursuant to chapter 234 or a comparable law of
another state or foreign country.
c. The unit Child support services shall send notice
by regular mail to the obligor when the provisions of this
subsection no longer apply. A copy of the notice shall be
filed with the clerk of court.
d. This section shall not limit the rights of the parents or
the department to proceed by other means to suspend, terminate,
modify, reinstate, or establish support.
5. On or after July 1, 1999, the department shall implement
a program for the satisfaction of accrued support debts, based
upon timely payment by the obligor of both current support due
and any payments due for accrued support debt under a periodic
payment plan. The unit Child support services shall adopt
rules pursuant to chapter 17A to establish the criteria and
procedures for obtaining satisfaction under the program. The
rules adopted under this subsection shall specify the cases and
amounts to which the program is applicable, and may provide for
the establishment of the program as a pilot program.
Sec. 846. Section 252B.4, Code 2023, is amended to read as
-559-follows:
252B.4 Nonassistance cases.
1. The child support and paternity determination services
established by the department pursuant to this chapter and
other appropriate services provided by law including but not
limited to the provisions of chapters 239B, 252A, 252C, 252D,
252E, 252F, 598, and 600B shall be made available by the
unit child support services to an individual not otherwise
eligible as a public assistance recipient upon application by
the individual for the services or upon referral as described
in subsection 4. The application shall be filed with the
department.
2. The director may collect a fee to cover the costs
incurred by the department for service of process, genetic
testing and court costs if the entity providing the service
charges a fee for the services.
3. Fees collected pursuant to this section shall be
considered repayment receipts, as defined in section 8.2,
and shall be used for the purposes of the unit child support
services. The director or a designee shall keep an accurate
record of the fees collected and expended.
4. The unit Child support services shall also provide child
support and paternity determination services and shall respond
as provided in federal law for an individual not otherwise
eligible as a public assistance recipient if the unit child
support services receives a request from any of the following:
a. A child support agency.
b. A foreign country as defined in chapter 252K.
Sec. 847. Section 252B.5, Code 2023, is amended to read as
follows:
252B.5 Services of unit Child support services.
The child Child support recovery unit services shall provide
the following services:
1. Assistance in the location of an absent parent or any
other person who has an obligation to support the child of the
-560-resident parent.
2. Aid in establishing paternity and securing a court or
administrative order for support pursuant to chapter 252A,
252C, 252F, or 600B, or any other chapter providing for
the establishment of paternity or support. In an action to
establish support, the resident parent may be a proper party
defendant for purposes of determining medical support as
provided in section 252E.1A upon service of notice as provided
in this chapter and without a court order as provided in the
rules of civil procedure. The unit’s Child support services’
independent cause of action shall not bar a party from seeking
support in a subsequent proceeding.
3. Aid in enforcing through court or administrative
proceedings an existing court order for support issued pursuant
to chapter 252A, 252C, 252F, 598, or 600B, or any other
chapter under which child or medical support is granted. The
director may enter into a contract with a private collection
agency to collect support payments for cases which have been
identified by the department as difficult collection cases
if the department determines that this form of collection is
more cost-effective than departmental collection methods. The
department shall utilize, to the maximum extent possible,
every available automated process to collect support payments
prior to referral of a case to a private collection agency.
A private collection agency with whom the department enters
a contract under this subsection shall comply with state and
federal confidentiality requirements and debt collection laws.
The director may use a portion of the state share of funds
collected through this means to pay the costs of any contract
authorized under this subsection.
4. Assistance to set off against a debtor’s income tax
refund or rebate any support debt, which is assigned to
the department of human services or which the child support
recovery unit services is attempting to collect on behalf of
any individual not eligible as a public assistance recipient,
-561-which has accrued through written contract, subrogation, or
court judgment, and which is in the form of a liquidated sum
due and owing for the care, support, or maintenance of a child.
Unless the periodic payment plan provisions for a retroactive
modification pursuant to section 598.21C apply, the entire
amount of a judgment for accrued support, notwithstanding
compliance with a periodic payment plan or regardless of the
date of entry of the judgment, is due and owing as of the date
of entry of the judgment and is delinquent for the purposes of
setoff, including for setoff against a debtor’s federal income
tax refund or other federal nontax payment. The department
of human services shall adopt rules pursuant to chapter
17A necessary to assist the department of administrative
services in the implementation of the child support setoff as
established under section 8A.504.
5. a. In order to maximize the amount of any tax refund
to which an obligor may be entitled and which may be applied
to child support and medical support obligations, cooperate
with any volunteer or free income tax assistance programs in
the state in informing obligors of the availability of the
programs.
b. The child Child support recovery unit services shall
publicize the services of the volunteer or free income tax
assistance programs by distributing printed materials regarding
the programs.
6. Determine periodically whether an individual receiving
unemployment compensation benefits under chapter 96 owes a
support obligation which is being enforced by the unit child
support services, and enforce the support obligation through
court or administrative proceedings to have specified amounts
withheld from the individual’s unemployment compensation
benefits.
7. Assistance in obtaining medical support as defined in
chapter 252E.
8. a. At the request of either parent who is subject to
-562-the order of support or upon its own initiation, review the
amount of the support award in accordance with the guidelines
established pursuant to section 598.21B, and Tit.IV-D of the
federal Social Security Act, as amended, and take action to
initiate modification proceedings if the criteria established
pursuant to this section are met. However, a review of a
support award is not required if the child support recovery
unit services determines that such a review would not be in the
best interest of the child and neither parent has requested
such review.
b. The department shall adopt rules setting forth the
process for review of requests for modification of support
obligations and the criteria and process for taking action to
initiate modification proceedings.
9. a. Assistance, in consultation with the department
of administrative services, in identifying and taking action
against self-employed individuals as identified by the
following conditions:
(1) The individual owes support pursuant to a court or
administrative order being enforced by the unit child support
services and is delinquent in an amount equal to or greater
than the support obligation amount assessed for one month.
(2) The individual has filed a state income tax return in
the preceding twelve months.
(3) The individual has no reported tax withholding amount on
the most recent state income tax return.
(4) The individual has failed to enter into or comply with a
formalized repayment plan with the unit child support services.
(5) The individual has failed to make either all current
support payments in accordance with the court or administrative
order or to make payments against any delinquency in each of
the preceding twelve months.
b. The unit Child support services may forward information
to the department of administrative services as necessary to
implement this subsection, including but not limited to both
-563-of the following:
(1) The name and social security number of the individual.
(2) Support obligation information in the specific case,
including the amount of the delinquency.
10. The review and adjustment, modification, or alteration
of a support order pursuant to chapter 252H upon adoption of
rules pursuant to chapter 17A and periodic notification, at
a minimum of once every three years, to parents subject to a
support order of their rights to these services.
11. The unit Child support services shall not establish
orders for spousal support. The unit Child support services
shall enforce orders for spousal support only if the spouse is
the custodial parent of a child for whom the unit child support
services is also enforcing a child support or medical support
order.
12. a. In compliance with federal procedures, periodically
certify to the secretary of the United States department of
health and human services, a list of the names of obligors
determined by the unit child support services to owe delinquent
support, under a support order as defined in section 252J.1, in
excess of two thousand five hundred dollars. The certification
of the delinquent amount owed may be based upon one or more
support orders being enforced by the unit child support
services if the delinquent support owed exceeds two thousand
five hundred dollars. The certification shall include any
amounts which are delinquent pursuant to the periodic payment
plan when a modified order has been retroactively applied.
The certification shall be in a format and shall include any
supporting documentation required by the secretary.
b. All of the following shall apply to an action initiated
by the unit child support services under this subsection:
(1) The obligor shall be sent a notice by regular mail in
accordance with federal law and regulations and the notice
shall remain in effect until support delinquencies have been
paid in full.
-564- (2) The notice shall include all of the following:
(a) A statement regarding the amount of delinquent support
owed by the obligor.
(b) A statement providing information that if the
delinquency is in excess of two thousand five hundred dollars,
the United States secretary of state may apply a passport
sanction by revoking, restricting, limiting, or refusing to
issue a passport as provided in 42 U.S.C. §652(k).
(c) Information regarding the procedures for challenging
the certification by the unit child support services.
(3) (a) If the obligor chooses to challenge the
certification, the obligor shall notify the unit child support
services within the time period specified in the notice to the
obligor. The obligor shall include any relevant information
with the challenge.
(b) A challenge shall be based upon mistake of fact. For
the purposes of this subsection, “mistake of fact” means a
mistake in the identity of the obligor or a mistake in the
amount of the delinquent child support owed if the amount did
not exceed two thousand five hundred dollars on the date of the
unit’s child support services’ decision on the challenge.
(4) Upon timely receipt of the challenge, the unit child
support services shall review the certification for a mistake
of fact, or refer the challenge for review to the child support
agency in the state chosen by the obligor as provided by
federal law.
(5) Following the unit’s child support services’ review of
the certification, the unit child support services shall send
a written decision to the obligor within ten days of timely
receipt of the challenge.
(a) If the unit child support services determines that
a mistake of fact exists, the unit child support services
shall send notification in accordance with federal procedures
withdrawing the certification for passport sanction.
(b) If the unit child support services determines that a
-565-mistake of fact does not exist, the obligor may contest the
determination within ten days following the issuance of the
decision by submitting a written request for a contested case
proceeding pursuant to chapter 17A.
(6) Following issuance of a final decision under chapter
17A that no mistake of fact exists, the obligor may request a
hearing before the district court pursuant to chapter 17A. The
department shall transmit a copy of its record to the district
court pursuant to chapter 17A. The scope of the review by the
district court shall be limited to demonstration of a mistake
of fact. Issues related to visitation, custody, or other
provisions not related to the support provisions of a support
order are not grounds for a hearing under this subsection.
c. Following certification to the secretary, if the
unit child support services determines that an obligor no
longer owes delinquent support in excess of two thousand five
hundred dollars, the unit child support services shall provide
information and notice as the secretary requires to withdraw
the certification for passport sanction.
13. a. Impose an annual fee, which shall be retained from
support collected on behalf of the obligee, in accordance with
42 U.S.C.§654(6)(B)(ii). The unit Child support services
shall send information regarding the requirements of this
subsection by regular mail to the last known address of an
affected obligee, or may include the information for an obligee
in an application for services signed by the obligee. In
addition, the unit child support services shall take steps
necessary regarding the fee to qualify for federal funds in
conformity with the provisions of Tit.IV-D of the federal
Social Security Act, including receiving and accounting for
fee payments, as appropriate, through the collection services
center created in section 252B.13A.
b. Fees collected pursuant to this subsection shall be
considered repayment receipts as defined in section 8.2, and
shall be used for the purposes of the unit child support
-566-services. The director shall maintain an accurate record of
the fees collected and expended under this subsection.
c. Until such time as a methodology to secure payment of
the collections fee from the obligor is provided by law, an
obligee may act pursuant to this paragraph to recover the
collections fee from the obligor. If the unit child support
services retains all or a portion of the collections fee
imposed pursuant to paragraph “a” in a federal fiscal year,
there is an automatic nonsupport judgment, in an amount equal
to the amount retained, against the obligor payable to the
obligee. This paragraph shall serve as constructive notice
that the fee amount, once retained, is an automatic nonsupport
judgment against the obligor. The obligee may use any legal
means, including the lien created by the nonsupport judgment,
to collect the nonsupport judgment.
Sec. 848. Section 252B.6, unnumbered paragraph 1, Code
2023, is amended to read as follows:
In addition to the services enumerated in section 252B.5,
the unit child support services may provide the following
services in the case of a dependent child for whom public
assistance is being provided:
Sec. 849. Section 252B.6, subsection 3, Code 2023, is
amended to read as follows:
3. Appear on behalf of the state for the purpose of
facilitating the modification of support awards consistent
with guidelines established pursuant to section 598.21B,
and Tit.IV-D of the federal Social Security Act. The unit
Child support services shall not otherwise participate in the
proceeding.
Sec. 850. Section 252B.6A, Code 2023, is amended to read as
follows:
252B.6A External services.
1. Provided that the action is consistent with applicable
federal law and regulation, an attorney licensed in this state
shall receive compensation as provided in this section for
-567-support collected as the direct result of a judicial proceeding
maintained by the attorney, if all of the following apply to
the case:
a. The unit Child support services is providing services
under this chapter.
b. The current support obligation is terminated and only
arrearages are due under an administrative or court order and
there has been no payment under the order for at least the
twelve-month period prior to the provision of notice to the
unit child support services by the attorney under this section.
c. Support is assigned to the state based upon cash
assistance paid under chapter 239B, or its successor.
d. The attorney has provided written notice to the central
office of the unit child support services and to the obligee at
the last known address of the obligee of the intent to initiate
a specified judicial proceeding, at least thirty days prior to
initiating the proceeding.
e. The attorney has provided documentation to the unit child
support services that the attorney is insured against loss
caused by the attorney’s legal malpractice or acts or omissions
of the attorney which result in loss to the state or other
person.
f. The collection is received by the collection services
center within ninety days of provision of the notice to
the unit child support services. An attorney may provide
subsequent notices to the unit child support services to extend
the time for receipt of the collection by subsequent ninety-day
periods.
2. a. If, prior to February 15, 1998, notice is provided
pursuant to subsection 1 to initiate a specific judicial
proceeding, this section shall not apply to the proceeding
unless the unit child support services consents to the
proceeding.
b. (1) If, on or after February 15, 1998, notice is
provided pursuant to subsection 1 to initiate a specific
-568-judicial proceeding, this section shall apply to the proceeding
only if the case is exempt from application of rules adopted
by the department pursuant to subparagraph (2) which limit
application of this section.
(2) The department shall adopt rules which include, but
are not limited to, exemption from application of this section
to proceedings based upon, but not limited to, any of the
following:
(a) A finding of good cause pursuant to section 252B.3.
(b) The existence of a support obligation due another state
based upon public assistance provided by that state.
(c) The maintaining of another proceeding by an attorney
under this section for which the unit child support services
has not received notice that the proceeding has concluded or
the ninety-day period during which a collection may be received
pertaining to the same case has not yet expired.
(d) The initiation of a seek employment action under section
252B.21, and the notice from the attorney indicates that the
attorney intends to pursue a contempt action.
(e) Any other basis for exemption of a specified proceeding
designated by rule which relates to collection and enforcement
actions provided by the unit child support services.
3. The unit Child support services shall issue a response
to the attorney providing notice within ten days of receipt of
the notice. The response shall advise the attorney whether the
case to which the specified judicial proceeding applies meets
the requirements of this section.
4. For the purposes of this section, a “judicial proceeding”
means an action to enforce support filed with a court of
competent jurisdiction in which the court issues an order which
identifies the amount of the support collection which is a
direct result of the court proceeding. “Judicial proceedings”
include but are not limited to those pursuant to chapters
598, 626, 633, 642, 654, or 684 and also include contempt
proceedings if the collection payment is identified in the
-569-court order as the result of such a proceeding. “Judicial
proceedings” do not include enforcement actions which the unit
child support services is required to implement under federal
law including, but not limited to, income withholding.
5. All of the following are applicable to a collection
which is the result of a judicial proceeding which meets the
requirements of this section:
a. All payments made as the result of a judicial proceeding
under this section shall be made to the clerk of the district
court or to the collection services center and shall not be
made to the attorney. Payments received by the clerk of the
district court shall be forwarded to the collection services
center as provided in section 252B.15.
b. The attorney shall be entitled to receive an amount
which is equal to twenty-five percent of the support collected
as the result of the specified judicial proceeding not to
exceed the amount of the nonfederal share of assigned support
collected as the result of that proceeding. The amount paid
under this paragraph is the full amount of compensation due the
attorney for a proceeding under this section and is in lieu
of any attorney fees. The court shall not order the obligor
to pay additional attorney fees. The amount of compensation
calculated by the unit child support services is subject, upon
application of the attorney, to judicial review.
c. Any support collected shall be disbursed in accordance
with federal requirements and any support due the obligee
shall be disbursed to the obligee prior to disbursement to the
attorney as compensation.
d. The collection services center shall disburse
compensation due the attorney only from the nonfederal share of
assigned collections. The collection services center shall not
disburse any compensation for court costs.
e. The unit Child support services may delay disbursement
to the attorney pending the resolution of any timely appeal by
the obligor or obligee.
-570- f. Negotiation of a partial payment or settlement for
support shall not be made without the approval of the unit
child support services and the obligee, as applicable.
6. The attorney initiating a judicial proceeding under this
section shall notify the unit child support services when the
judicial proceeding is completed.
7. a. An attorney who initiates a judicial proceeding under
this section represents the state for the sole and limited
purpose of collecting support to the extent provided in this
section.
b. The attorney is not an employee of the state and has no
right to any benefit or compensation other than as specified in
this section.
c. The state is not liable or subject to suit for any acts
or omissions resulting in any damages as a consequence of the
attorney’s acts or omissions under this section.
d. The attorney shall hold the state harmless from any act
or omissions of the attorney which may result in any penalties
or sanctions, including those imposed under federal bankruptcy
laws, and the state may recover any penalty or sanction imposed
by offsetting any compensation due the attorney under this
section for collections received as a result of any judicial
proceeding initiated under this section.
e. The attorney initiating a proceeding under this section
does not represent the obligor.
8. The unit Child support services shall comply with all
state and federal laws regarding confidentiality. The unit
Child support services may release to an attorney who has
provided notice under this section, information regarding child
support balances due, to the extent provided under such laws.
9. This section shall not be interpreted to prohibit
the unit child support services from providing services or
taking other actions to enforce support as provided under this
chapter.
Sec. 851. Section 252B.7, Code 2023, is amended to read as
-571-follows:
252B.7 Legal services.
1. The attorney general may perform the legal services for
the child support recovery program services and may enforce
all laws for the recovery of child support from responsible
relatives. The attorney general may file and prosecute:
a. Contempt of court proceedings to enforce any order of
court pertaining to child support.
b. Cases under chapter 252A, the support of dependents law.
c. An information charging a violation of section 726.3,
726.5 or 726.6.
d. Any other lawful action which will secure collection of
support for minor children.
2. For the purposes of subsection 1, the attorney general
has the same power to commence, file and prosecute any action
or information in the proper jurisdiction, which the county
attorney could file or prosecute in that jurisdiction. This
section does not relieve a county attorney from the county
attorney’s duties, or the attorney general from the supervisory
power of the attorney general, in the recovery of child
support.
3. The unit Child support services may contract with
a county attorney, the attorney general, a clerk of the
district court, or another person or agency to collect support
obligations and to administer the child support program
established services required pursuant to this chapter.
Notwithstanding section 13.7, the unit child support services
may contract with private attorneys for the prosecution of
civil collection and recovery cases and may pay reasonable
compensation and expenses to private attorneys for the
prosecution services provided.
4. An attorney employed by or under contract with the child
support recovery unit services represents and acts exclusively
on behalf of the state when providing child support enforcement
services. An attorney-client relationship does not exist
-572-between the attorney and an individual party, witness, or
person other than the state, regardless of the name in which
the action is brought.
Sec. 852. Section 252B.7A, Code 2023, is amended to read as
follows:
252B.7A Determining parent’s income.
1. The unit Child support services shall use any of the
following in determining the amount of the net monthly income
of a parent for purposes of establishing or modifying a support
obligation:
a. Income as identified in a signed statement of the
parent pursuant to section 252B.9, subsection 1, paragraph
“b”. If evidence suggests that the statement is incomplete
or inaccurate, the unit child support services may present
the evidence to the court in a judicial proceeding or to the
administrator director in a proceeding under chapter 252C or
a comparable chapter, and the court or administrator director
shall weigh the evidence in setting the support obligation.
Evidence includes but is not limited to income as established
under paragraph “c”.
b. If a sworn statement is not provided by the parent, the
unit child support services may determine income as established
under paragraph “c” or “d”.
c. Income established by any of the following:
(1) Income verified by an employer or payor of income.
(2) Income reported to the department of workforce
development.
(3) For a public assistance recipient, income as reported to
the department case worker assigned to the public assistance
case.
(4) Other written documentation which identifies income.
d. By July 1, 1999, the department shall adopt rules for
imputing income, whenever possible, based on the earning
capacity of a parent who does not provide income information
or for whom income information is not available. Until such
-573-time as the department adopts rules establishing a different
standard for determining the income of a parent who does not
provide income information or for whom income information
is not available, the estimated state median income for a
one-person family as published annually in the federal register
for use by the federal office of community services, office of
energy assistance, for the subsequent federal fiscal year.
(1) This provision is effective beginning July 1, 1992,
based upon the information published in the federal register
dated March 8, 1991.
(2) The unit Child support services may revise the estimated
income each October 1. If the estimate is not available or has
not been published, the unit child support services may revise
the estimate when it becomes available.
e. When the income information obtained pursuant to this
subsection does not include the information necessary to
determine the net monthly income of the parent, the unit child
support services may deduct twenty percent from the parent’s
gross monthly income to arrive at the net monthly income
figure.
2. The amount of the income determined may be challenged any
time prior to the entry of a new or modified order for support.
3. If the child support recovery unit services is providing
services pursuant to this chapter, the court shall use the
income figure determined pursuant to this section when applying
the guidelines to determine the amount of support.
4. The department may develop rules as necessary to further
implement disclosure of financial information of the parties.
Sec. 853. Section 252B.7B, Code 2023, is amended to read as
follows:
252B.7B Informational materials provided by the unit child
support services.
1. The unit Child support services shall prepare and make
available to the public, informational materials which explain
the unit’s child support services’ procedures including, but
-574-not limited to, procedures with regard to all of the following:
a. Accepting applications for services.
b. Locating individuals.
c. Establishing paternity.
d. Establishing support.
e. Enforcing support.
f. Modifying, suspending, or reinstating support.
g. Terminating services.
2. The informational materials shall include general
information about and descriptions of the processes involved
relating to the services provided by the unit child support
services including application for services, fees for services,
the responsibilities of the recipient of services, resolution
of disagreements with the unit child support services, rights
to challenge the actions of the unit child support services,
and obtaining additional information.
Sec. 854. Section 252B.8, Code 2023, is amended to read as
follows:
252B.8 Central information center.
The department shall establish within the unit child support
services an information and administration coordinating center
which shall serve as a registry for the receipt of information
and for answering interstate inquiries concerning absent
parents and shall coordinate and supervise unit child support
services’ activities. The information and administration
coordinating center shall promote cooperation between the
unit child support services and law enforcement agencies to
facilitate the effective operation of the unit child support
services.
Sec. 855. Section 252B.9, Code 2023, is amended to read as
follows:
252B.9 Information and assistance from others — availability
of records.
1. a. The director may request from state, county, and
local agencies information and assistance deemed necessary to
-575-carry out the provisions of this chapter. State, county, and
local agencies, officers, and employees shall cooperate with
the unit child support services and shall on request supply the
department with available information relative to the absent
parent, the custodial parent, and any other necessary party,
notwithstanding any provisions of law making this information
confidential. The cooperation and information required by this
subsection shall also be provided when it is requested by a
child support agency. Information required by this subsection
includes, but is not limited to, information relative to
location, income, property holdings, records of licenses as
defined in section 252J.1, and records concerning the ownership
and control of corporations, partnerships, and other business
entities. If the information is maintained in an automated
database, the unit child support services shall be provided
automated access.
b. Parents of a child on whose behalf support enforcement
services are provided shall provide information regarding
income, resources, financial circumstances, and property
holdings to the department for the purpose of establishment,
modification, or enforcement of a support obligation. The
department may provide the information to parents of a child
as needed to implement the requirements of section 598.21B,
notwithstanding any provisions of law making this information
confidential.
c. Notwithstanding any provisions of law making this
information confidential, all persons, including for-profit,
nonprofit, and governmental employers, shall, on request,
promptly supply the unit child support services or a child
support agency information on the employment, compensation,
and benefits of any individual employed by such person as
an employee or contractor with relation to whom the unit
child support services or a child support agency is providing
services.
d. Notwithstanding any provisions of law making this
-576-information confidential, the unit child support services may
subpoena or a child support agency may use the administrative
subpoena form promulgated by the secretary of the United
States department of health and human services under 42 U.S.C.
§652(a)(11)(C), to obtain any of the following:
(1) Books, papers, records, or information regarding any
financial or other information relating to a paternity or
support proceeding.
(2) Certain records held by public utilities, cable or
other television companies, cellular telephone companies, and
internet service providers with respect to individuals who
owe or are owed support, or against or with respect to whom
a support obligation is sought, consisting of the names and
addresses of such individuals and the names and addresses of
the employers of such individuals, as appearing in customer
records, and including the cellular telephone numbers of such
individuals appearing in the customer records of cellular
telephone companies. If the records are maintained in
automated databases, the unit child support services shall be
provided with automated access.
e. The unit Child support services or a child support agency
may subpoena information for one or more individuals.
f. If the unit child support services or a child support
agency issues a request under paragraph “c”, or a subpoena under
paragraph “d”, all of the following shall apply:
(1) The unit Child support services or a child support
agency may issue a request or subpoena to a person by sending
it by regular mail. Proof of service may be completed
according to rule of civil procedure 1.442.
(2) A person who is not a parent or putative father in a
paternity or support proceeding, who is issued a request or
subpoena, shall be provided an opportunity to refuse to comply
for good cause by filing a request for a conference with the
unit child support services or a child support agency in the
manner and within the time specified in rules adopted pursuant
-577-to subparagraph (7).
(3) Good cause shall be limited to mistake in the identity
of the person, or prohibition under federal law to release such
information.
(4) After the conference the unit child support services
shall issue a notice finding that the person has good cause
for refusing to comply, or a notice finding that the person
does not have good cause for failing to comply. If the person
refuses to comply after issuance of notice finding lack of good
cause, or refuses to comply and does not request a conference,
the person is subject to a penalty of one hundred dollars per
refusal.
(5) If the person fails to comply with the request or
subpoena, fails to request a conference, and fails to pay a
penalty imposed under subparagraph (4), the unit child support
services may petition the district court to compel the person
to comply with this paragraph. If the person objects to
imposition of the penalty, the person may seek judicial review
by the district court.
(6) If a parent or putative father fails to comply with a
subpoena or request for information, the provisions of chapter
252J shall apply.
(7) The unit Child support services may adopt rules pursuant
to chapter 17A to implement this section.
g. Notwithstanding any provisions of law making this
information confidential, the unit child support services
or a child support agency shall have access to records and
information held by financial institutions with respect to
individuals who owe or are owed support, or with respect to
whom a support obligation is sought including information on
assets and liabilities. If the records are maintained in
automated databases, the unit child support services shall
be provided with automated access. For the purposes of this
section, “financial institution” means financial institution as
defined in section 252I.1.
-578- h. Notwithstanding any law to the contrary, the unit
child support services and a child support agency shall have
access to any data maintained by the state of Iowa which
contains information that would aid the agency in locating
individuals. Such information shall include, but is not
limited to, driver’s license, motor vehicle, and criminal
justice information. However, the information does not include
criminal investigative reports or intelligence files maintained
by law enforcement. The unit Child support services and a
child support agency shall use or disclose the information
obtained pursuant to this paragraph only in accordance with
subsection 3. Criminal history records maintained by the
department of public safety shall be disclosed in accordance
with chapter 692. The unit Child support services shall also
have access to the protective order file maintained by the
department of public safety.
i. Liability shall not arise under this subsection with
respect to any disclosure by a person as required by this
subsection, and no advance notice from the unit child support
services or a child support agency is required prior to
requesting information or assistance or issuing a subpoena
under this subsection.
j. Notwithstanding any provision of law making this
information confidential, data provided to the department by an
insurance carrier under section 505.25 shall also be provided
to the unit child support services. Provision of data to the
unit child support services under this paragraph shall not
require an agreement or modification of an agreement between
the department and an insurance carrier, but the provisions
of this section applicable to information received by the
unit child support services shall apply to the data received
pursuant to section 505.25 in lieu of any confidentiality,
privacy, disclosure, use, or other provisions of an agreement
between the department and an insurance carrier.
2. Notwithstanding other statutory provisions to the
-579-contrary, including but not limited to chapters 22 and 217, as
the chapters relate to confidentiality of records maintained by
the department, the payment records of the collection services
center maintained under section 252B.13A may be released,
except when prohibited by federal law or regulation, only as
follows:
a. Payment records of the collection services center may
be released upon request for the administration of a plan or
program approved for the supplemental nutrition assistance
program or under Tit.IV, XIX, or XXI of the federal Social
Security Act, as amended, and as otherwise permitted under Tit.
IV-D of the federal Social Security Act, as amended. A payment
record shall not include address or location information.
b. The department may release details related to payment
records or provide alternative formats for release of the
information for the administration of a plan or program under
Tit.IV-D of the federal Social Security Act, as amended,
including as follows:
(1) The unit Child support services or the collection
services center may provide detail or present the information
in an alternative format to an individual or to the
individual’s legal representative if the individual owes or is
owed a support obligation, to an agency assigned the obligation
as the result of receipt by a party of public assistance, to an
agency charged with enforcing child support pursuant to Tit.
IV-D of the federal Social Security Act, as amended, or to the
court.
(2) For support orders entered in Iowa which are being
enforced by the unit child support services, the unit child
support services may compile and make available for publication
a listing of cases in which no payment has been credited to
an accrued or accruing support obligation during a previous
three-month period. Each case on the list shall be identified
only by the name of the support obligor, the address, if known,
of the support obligor, unless the information pertaining
-580-to the address of the support obligor is protected through
confidentiality requirements established by law and has not
otherwise been verified with the unit child support services,
the support obligor’s court order docket or case number, the
county in which the obligor’s support order is filed, the
collection services center case numbers, and the range within
which the balance of the support obligor’s delinquency is
established. The department shall determine dates for the
release of information, the specific format of the information
released, and the three-month period used as a basis for
identifying cases. The department may not release the
information more than twice annually. In compiling the listing
of cases, no prior public notice to the obligor is required,
but the unit child support services may send notice annually
by mail to the current known address of any individual owing a
support obligation which is being enforced by the unit child
support services. The notice shall inform the individual of
the provisions of this subparagraph. Actions taken pursuant to
this subparagraph are not subject to review under chapter 17A,
and the lack of receipt of a notice does not prevent the unit
child support services from proceeding in implementing this
subparagraph.
(3) The provisions of subparagraph (2) may be applied to
support obligations entered in another state, at the request
of a child support agency if the child support agency has
demonstrated that the provisions of subparagraph (2) are not
in conflict with the laws of the state where the support
obligation is entered and the unit child support services is
enforcing the support obligation.
(4) Records relating to the administration, collection, and
enforcement of surcharges pursuant to section 252B.23 which are
recorded by the unit child support services or a collection
entity shall be confidential records except that information,
as necessary for support collection and enforcement, may be
provided to other governmental agencies, the obligor or the
-581-resident parent, or a collection entity under contract with
the unit child support services unless otherwise prohibited
by the federal law. A collection entity under contract with
the unit child support services shall use information obtained
for the sole purpose of fulfilling the duties required under
the contract, and shall disclose any records obtained by the
collection entity to the unit child support services for use in
support establishment and enforcement.
3. Notwithstanding other statutory provisions to the
contrary, including but not limited to chapters 22 and 217,
as the chapters relate to the confidentiality of records
maintained by the department, information recorded by the
department pursuant to this section or obtained by the unit
child support services is confidential and, except when
prohibited by federal law or regulation, may be used or
disclosed as provided in subsection 1, paragraphs “b” and “h”,
and subsection 2, and as follows:
a. The attorney general may utilize the information
to secure, modify, or enforce a support obligation of an
individual.
b. This subsection shall not permit or require the release
of information, except to the extent provided in this section.
c. The unit Child support services may release or disclose
information as necessary to provide services under section
252B.5, as provided by chapter 252G, as provided by Tit.IV-D
of the federal Social Security Act, as amended, or as required
by federal law.
d. The unit Child support services may release information
under section 252B.9A to meet the requirements of Tit.IV-D of
the federal Social Security Act for parent locator services.
e. Information may be released if directly connected with
any of the following:
(1) The administration of a plan or program approved for
the supplemental nutrition assistance program or under Tit.IV,
XIX, or XXI of the federal Social Security Act, as amended.
-582- (2) Any investigations, prosecutions, or criminal or civil
proceeding conducted in connection with the administration of
any such plan or program.
(3) Reporting to an appropriate agency or official of
any such plan or program, information on known or suspected
instances of physical or mental injury, sexual abuse or
exploitation, or negligent treatment or maltreatment of a child
who is the subject of a child support enforcement action under
circumstances which indicate that the child’s health or welfare
is threatened.
f. Information may be released to courts having jurisdiction
in support proceedings. If a court issues an order, which is
not entered under section 252B.9A, directing the unit child
support services to disclose confidential information, the unit
child support services may file a motion to quash pursuant to
this chapter, Tit.IV-D of the federal Social Security Act, or
other applicable law.
g. The child Child support recovery unit services may
release information for the administration of a plan or program
approved for the supplemental nutrition assistance program or
under Tit.IV, XIX, or XXI of the federal Social Security Act,
as amended, specified under subsection 2 or this subsection, to
the extent the release of information does not interfere with
the unit child support services meeting its own obligations
under Tit.IV-D of the federal Social Security Act, as amended,
and subject to requirements prescribed by the federal office
of child support enforcement of the United States department
of health and human services.
h. For purposes of this subsection, “party” means an absent
parent, obligor, resident parent, or other necessary party.
i. If the unit child support services receives notification
under this paragraph, the unit child support services shall
notify the federal parent locator service as required by
federal law that there is reasonable evidence of domestic
violence or child abuse against a party or a child and that the
-583-disclosure of information could be harmful to the party or the
child. The notification to the federal parent locator service
shall be known as notification of a disclosure risk indicator.
For purposes of this paragraph, the unit child support services
shall notify the federal parent locator service of a disclosure
risk indicator only if at least one of the following applies:
(1) The unit Child support services receives notification
that the department, or comparable agency of another state, has
made a finding of good cause or other exception as provided in
section 252B.3, or comparable law of another state.
(2) The unit Child support services receives and, through
automation, matches notification from the department of public
safety or the unit child support services receives notification
from a court of this or another state, that a court has issued
a protective order or no-contact order against a party with
respect to another party or child.
(3) The unit Child support services receives notification
that a court has dismissed a petition for specified
confidential information pursuant to section 252B.9A.
(4) The unit Child support services receives a copy, regular
on its face, of a notarized affidavit or a pleading, which was
signed by and made under oath by a party, under chapter 252K,
the uniform interstate family support Act, or the comparable
law of another state, alleging the health, safety, or liberty
of the party or child would be jeopardized by the disclosure
of specific identifying information unless a tribunal under
chapter 252K, the uniform interstate family support Act, or
the comparable law of another state, ordered the identifying
information of a party or child be disclosed.
(5) The unit Child support services receives and, through
automation, matches notification from the division of child and
family services of the department, or the unit child support
services receives notification from a comparable agency of
another state, of a founded allegation of child abuse, or a
comparable finding under the law of the other state.
-584- (6) The unit Child support services receives notification
that an individual has an exemption from cooperation with child
support enforcement under a family investment program safety
plan which addresses family or domestic violence.
(7) The unit Child support services receives notification
that an individual is a certified program participant as
provided in chapter 9E.
(8) The unit Child support services receives notification,
as the result of a request under section 252B.9A, of the
existence of any finding, order, affidavit, pleading, safety
plan, certification, or founded allegation referred to in
subparagraphs (1) through (7) of this paragraph.
j. The unit Child support services may provide information
regarding delinquent obligors as provided in 42 U.S.C.
§666(a)(7) to a consumer reporting agency if all the following
apply:
(1) The agency provides the unit child support services with
satisfactory evidence that it is a consumer reporting agency
as defined in 15 U.S.C. §1681a(f) and meets all the following
requirements:
(a) Compiles and maintains files on consumers on a
nationwide basis as provided in 15 U.S.C. §1681a(p).
(b) Participates jointly with other nationwide consumer
reporting agencies in providing annual free credit reports to
consumers upon request through a centralized source as required
by the federal trade commission in 16 C.F.R. §610.2.
(2) The agency has entered into an agreement with the
unit child support services regarding receipt and use of the
information.
4. Nothing in this chapter, chapter 252A, 252C, 252D,
252E, 252F, 252G, 252H, 252I, 252J, or 252K, or any other
comparable chapter or law shall preclude the unit child support
services from exchanging any information, notice, document, or
certification with any government or private entity, if the
exchange is not otherwise prohibited by law, through mutually
-585-agreed upon electronic data transfer rather than through other
means.
Sec. 856. Section 252B.9A, Code 2023, is amended to read as
follows:
252B.9A Disclosure of confidential information — authorized
person — court.
1. A person, except a court or government agency, who
is an authorized person to receive specified confidential
information under 42 U.S.C. §653, may submit a written request
to the unit child support services for disclosure of specified
confidential information regarding a nonrequesting party. The
written request shall comply with federal law and regulations,
including any attestation and any payment to the federal office
of child support enforcement of the United States department
of health and human services required by federal law or
regulation, and shall include a sworn statement attesting to
the reason why the requester is an authorized person under
42 U.S.C. §653, including that the requester would use the
confidential information only for purposes permitted in that
section.
2. Upon receipt of a request from an authorized person
which meets all of the requirements under subsection 1, the
unit child support services shall search available records as
permitted by law or shall request the information from the
federal parent locator service as provided in 42 U.S.C. §653.
a. If the unit child support services locates the specified
confidential information, the unit child support services shall
disclose the information to the extent permitted under federal
law, unless one of the following applies:
(1) There is a notice from the federal parent locator
service that there is reasonable evidence of domestic violence
or child abuse pursuant to 42 U.S.C. §653(b)(2).
(2) The unit Child support services has notified the federal
parent locator service of a disclosure risk indicator as
provided in section 252B.9, subsection 3, paragraph “i”, and has
-586-not removed that notification.
(3) The unit Child support services receives notice of a
basis for a disclosure risk indicator listed in section 252B.9,
subsection 3, paragraph “i”, within twenty days of sending a
notice of the request to the subject of the request by regular
mail.
b. If the unit child support services locates the specified
confidential information, but the unit child support services
is prohibited from disclosing confidential information under
paragraph “a”, the unit child support services shall deny the
request and notify the requester of the denial in writing.
Upon receipt of a written notice from the unit child support
services denying the request, the requester may file a petition
in district court for an order directing the unit child support
services to release the requested information to the court as
provided in subsection 3.
3. A person may file a petition in district court for
disclosure of specified confidential information. The petition
shall request that the court direct the unit child support
services to release specified confidential information to
the court, that the court make a determination of harm if
appropriate, and that the court release specified confidential
information to the petitioner.
a. The petition shall include a sworn statement attesting
to the intended use of the information by the petitioner as
allowed by federal law. Such statement may specify any of the
following intended uses:
(1) To establish parentage, or to establish, set the amount
of, modify, or enforce a child support obligation.
(2) To make or enforce a child custody or visitation
determination or order.
(3) To carry out the duty or authority of the petitioner to
investigate, enforce, or bring a prosecution with respect to
the unlawful taking or restraint of a child.
b. Upon the filing of a petition, the court shall enter an
-587-order directing the unit child support services to release to
the court within thirty days specified confidential information
which the unit child support services would be permitted to
release under 42 U.S.C. §653 and 42 U.S.C. §663, unless one of
the following applies:
(1) There is a notice from the federal parent locator
service that there is reasonable evidence of domestic violence
or child abuse pursuant to 42 U.S.C. §653(b)(2).
(2) The unit Child support services has notified the federal
parent locator service of a disclosure risk indicator as
provided in section 252B.9, subsection 3, paragraph “i”, and has
not removed that notification.
(3) The unit Child support services receives notice of a
basis for a disclosure risk indicator listed in section 252B.9,
subsection 3, paragraph “i”, within twenty days of sending
notice of the order to the subject of the request by regular
mail. The unit Child support services shall include in the
notice to the subject of the request a copy of the court order
issued under this paragraph.
c. Upon receipt of the order, the unit child support
services shall comply as follows:
(1) If the unit child support services has the specified
confidential information, and none of the domestic violence,
child abuse, or disclosure risk indicator provisions of
paragraph “b” applies, the unit child support services shall
file the confidential information with the court along with
a statement that the unit child support services has not
received any notice that the domestic violence, child abuse, or
disclosure risk indicator provisions of paragraph “b” apply.
The unit Child support services shall be granted at least
thirty days to respond to the order. The court may extend
the time for the unit child support services to comply. Upon
receipt by the court of the confidential information under
this subparagraph, the court may order the release of the
information to the petitioner.
-588- (2) If the unit child support services has the specified
confidential information, and the domestic violence, child
abuse, or disclosure risk indicator provision of paragraph “b”
applies, the unit child support services shall file with the
court a statement that the domestic violence, child abuse,
or disclosure risk indicator provision of paragraph “b”
applies, along with any information the unit child support
services has received related to the domestic violence, child
abuse, or disclosure risk indicator. The unit Child support
services shall be granted at least thirty days to respond to
the order. The court may extend the time for the unit child
support services to comply. Upon receipt by the court of
information from the unit child support services under this
subparagraph, the court shall make a finding whether disclosure
of confidential information to any other person could be
harmful to the nonrequesting party or child. In making the
finding, the court shall consider any relevant information
provided by the parent or child, any information provided by
the unit child support services or by a child support agency,
any information provided by the petitioner, and any other
relevant evidence. The unit Child support services or unit’s
a child support services’ attorney does not represent any
individual person in this proceeding.
(a) If the court finds that disclosure of confidential
information to any other person could be harmful to the
nonrequesting party or child, the court shall dismiss the
petition for disclosure and notify the unit child support
services to notify the federal parent locator service of a
disclosure risk indicator.
(b) If the court does not find that disclosure of specified
confidential information to any other person could be harmful
to the nonrequesting party or child, the court shall notify the
unit child support services to file the specified confidential
information with the court. Upon receipt by the court of the
specified confidential information, the court may release the
-589-information to the petitioner and inform the unit child support
services to remove the disclosure risk indicator.
(3) If the unit child support services does not have the
specified confidential information and cannot obtain the
information from the federal parent locator service, the unit
child support services shall comply with the order by notifying
the court of the lack of information.
4. The confidential information which may be released by
the unit child support services to a party under subsection
2, or by the unit child support services to the court under
subsection 3, shall be limited by the federal Social Security
Act and other applicable federal law, and the unit child
support services may use the sworn statement filed pursuant to
subsection 1 or 3 in applying federal law. Any information
filed with the court by the unit child support services, when
certified over the signature of a designated employee, shall
be considered to be satisfactorily identified and shall be
admitted as evidence, without requiring third-party foundation
testimony. Additional proof of the official character of the
person certifying the document or the authenticity of the
person’s signature shall not be required.
5. When making a request for confidential information under
this section, a party or petitioner shall indicate the specific
information requested.
6. For purposes of this section, “party” means party as
defined in section 252B.9, subsection 3.
7. The unit Child support services may adopt rules pursuant
to chapter 17A to prescribe provisions in addition to or in
lieu of the provisions of this section to comply with federal
requirements for parent locator services or the safeguarding
of information.
Sec. 857. Section 252B.11, Code 2023, is amended to read as
follows:
252B.11 Recovery of costs of collection services.
The unit Child support services may initiate necessary civil
-590-proceedings to recover the unit’s child support services’ costs
of support collection services provided to an individual,
whether or not the individual is a public assistance recipient,
from an individual who owes and is able to pay a support
obligation but willfully fails to pay the obligation. The unit
Child support services may seek a lump sum recovery of the
unit’s child support services’ costs or may seek to recover the
unit’s child support services’ costs through periodic payments
which are in addition to periodic support payments. If the
unit’s child support services’ costs are recovered from an
individual owing a support obligation, the costs shall not be
deducted from the amount of support money received from the
individual. The costs collected pursuant to this section shall
be retained by the department for use by the unit child support
services. The director or a designee shall keep an accurate
record of funds so retained.
Sec. 858. Section 252B.13A, Code 2023, is amended to read
as follows:
252B.13A Collection services center.
1. The department shall establish within the unit child
support services a collection services center for the receipt
and disbursement of support payments as defined in section
252D.16 or 598.1 as required for orders by section 252B.14.
For purposes of this section, support payments do not include
attorney fees, court costs, or property settlements. The
center may also receive and disburse surcharges as provided in
section 252B.23.
2. a. The collection services center shall meet the
requirements for a state disbursement unit pursuant to 42
U.S.C. §654b, section 252B.14, and this section by October 1,
1999.
b. Prior to October 1, 1999, the department and the
judicial branch shall enter into a cooperative agreement for
implementation of the state disbursement unit requirement. The
agreement shall include, but is not limited to, provisions for
-591-all of the following:
(1) Coordination with the state case registry created in
section 252B.24.
(2) The receipt and disbursement of income withholding
payments for orders not receiving services from the unit child
support services pursuant to section 252B.14, subsection 4.
(3) The transmission of information, orders, and documents,
and access to information.
(4) Furnishing, upon request, timely information on the
current status of support payments as provided in 42 U.S.C.
§654b(b)(4), in a manner consistent with state law.
(5) The notification of payors of income to direct income
withholding payments to the collection services center as
provided in section 252B.14, subsection 4.
Sec. 859. Section 252B.14, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. For support orders being enforced by the child support
recovery unit services, support payments made pursuant to the
order shall be directed to and disbursed by the collection
services center or, as appropriate, a comparable government
entity in another state as provided in chapter 252K.
5. If the collection services center is receiving and
disbursing payments pursuant to a support order, but the unit
child support services is not providing other services under
Tit.IV-D of the federal Social Security Act, or if the order
is not being enforced by the unit child support services,
the parties to that order are not considered to be receiving
services under this chapter.
Sec. 860. Section 252B.15, subsection 1, Code 2023, is
amended to read as follows:
1. The collection services center shall notify the clerk
of the district court of any order for which the child support
recovery unit services is providing enforcement services. The
clerk of the district court shall forward any support payment
made pursuant to the order, along with any support payment
-592-information, to the collection services center. Unless the
agreement developed pursuant to section 252B.13A otherwise
provides, the clerk of the district court shall forward any
support payment made and any support payment information
provided through income withholding pursuant to chapter 252D,
to the collection services center. The collection services
center shall process and disburse the payment in accordance
with federal requirements.
Sec. 861. Section 252B.16, Code 2023, is amended to read as
follows:
252B.16 Transfer of support order processing responsibilities
— ongoing procedures.
1. For a support order being processed by the clerk of
the district court, upon notification that the unit child
support services is providing enforcement services related to
the order, the clerk of the district court shall immediately
transfer the responsibility for the disbursement of support
payments received pursuant to the order to the collection
services center.
2. The department shall adopt rules pursuant to chapter
17A to ensure that the affected parties are notified that
the support payment disbursement responsibilities have been
transferred to the collection services center from the clerk
of the district court. The rules shall include a provision
requiring that a notice shall be sent by regular mail to the
last known addresses of the obligee and the obligor. The
issuance of notice to the obligor is the equivalent of a court
order requiring the obligor to direct payment to the collection
services center for disbursement.
3. Once the responsibility for receiving and disbursing
support payments has been transferred from a clerk of the
district court to the collection services center, the
responsibility shall remain with the collection services
center even if the child support recovery unit services is no
longer providing enforcement services, unless redirected by
-593-court order. However, the responsibility for receiving and
disbursing income withholding payments shall not be redirected
to a clerk of the district court.
4. As provided in sections 252K.307 and 252K.319, the unit
child support services may issue and file with the clerk of
the district court, a notice redirecting support payments to
a comparable government entity responsible for the processing
and disbursement of support payments in another state. The
unit Child support services shall send a copy of the notice by
regular mail to the last known addresses of the obligor and
obligee and, where applicable, shall notify the payor of income
to make payments as specified in the notice. The issuance
and filing of the notice is the equivalent of a court order
redirecting support.
Sec. 862. Section 252B.17A, Code 2023, is amended to read
as follows:
252B.17A Imaging or photographic copies — originals
destroyed.
1. If the unit child support services, in the regular
course of business or activity, has recorded or received any
memorandum, writing, entry, print, document, representation,
or combination thereof, of any act, transaction, occurrence,
event, or communication from any source, and in the regular
course of business has caused any or all of the same to
be recorded, copied, or reproduced by any photographic,
photostatic, microfilm, microcard, miniature photographic,
electronic imaging, electronic data processing, or other
process which accurately reproduces or forms a durable
medium for accurately and legibly reproducing an unaltered
image or reproduction of the original, the original may be
destroyed. Such reproduction, when satisfactorily identified,
is as admissible in evidence as the original itself in any
judicial or administrative proceeding whether the original is
in existence or not and an enlargement or facsimile of such
reproduction is likewise admissible in evidence if the original
-594-recording, copy, or reproduction is in existence and available
for inspection. The introduction of a reproduced record,
enlargement, or facsimile, does not preclude admission of the
original.
2. The electronically imaged, copied, or otherwise
reproduced record or document maintained or received by the
unit child support services, when certified over the signature
of a designated employee of the unit child support services,
shall be considered to be satisfactorily identified. Certified
documents are deemed to have been imaged or copied or otherwise
reproduced accurately and unaltered in the regular course of
business, and such documents are admissible in any judicial or
administrative proceeding as evidence. Additional proof of
the official character of the person certifying the record or
authenticity of the person’s signature shall not be required.
Whenever the unit child support services or an employee of the
unit child support services is served with a summons, subpoena,
subpoena duces tecum, or order directing production of such
records, the unit child support services or the employee may
comply by transmitting a copy of the record certified as
described above to the district court.
Sec. 863. Section 252B.20, Code 2023, is amended to read as
follows:
252B.20 Suspension of support — request by mutual consent.
1. If the unit child support services is providing child
support enforcement services pursuant to this chapter, the
parents of a dependent child for whom support has been ordered
pursuant to chapter 252A, 252C, 252F, 598, 600B, or any other
chapter, may jointly request the assistance of the unit child
support services in suspending the obligation for support if
all of the following conditions exist:
a. The parents have reconciled and are cohabiting, and
the child for whom support is ordered is living in the same
residence as the parents, or the child is currently residing
with the parent who is ordered to pay support. If the basis for
-595-suspension under this paragraph applies to at least one but not
all of the children for whom support is ordered, the condition
of this paragraph is met only if the support order includes a
step change.
b. The child for whom support is ordered is not receiving
public assistance pursuant to chapter 239B, 249A, or a
comparable law of another state or foreign country, unless the
person against whom support is ordered is considered to be a
member of the same household as the child for the purposes of
public assistance eligibility.
c. The parents have signed a notarized affidavit attesting
to the conditions under paragraphs “a” and “b”, have consented
to suspension of the support order or obligation, and have
submitted the affidavit to the unit child support services.
d. No prior request for suspension has been filed with
the unit child support services under this section and no
prior request for suspension has been served by the unit child
support services under section 252B.20A during the two-year
period preceding the request.
e. Any other criteria established by rule of the department.
2. Upon receipt of the application for suspension and
properly executed and notarized affidavit, the unit child
support services shall review the application and affidavit to
determine that the necessary criteria have been met. The unit
Child support services shall then do one of the following:
a. Deny the request and notify the parents in writing
that the application is being denied, providing reasons for
the denial and notifying the parents of the right to proceed
through private counsel. Denial of the application is not
subject to contested case proceedings or further review
pursuant to chapter 17A.
b. Approve the request and prepare an order which shall be
submitted, along with the affidavit, to a judge of a district
court for approval, suspending the accruing support obligation
and, if requested by the obligee, and if not prohibited by
-596-chapter 252K, satisfying the obligation of support due the
obligee. If the basis for suspension applies to at least one
but not all of the children for whom support is ordered and the
support order includes a step change, the unit child support
services shall prepare an order suspending the accruing support
obligation for each child to whom the basis for suspension
applies.
3. An order approved by the court for suspension of an
accruing support obligation is effective upon the date of
filing of the suspension order. The satisfaction of an
obligation of support due the obligee shall be final upon the
filing of the suspension order. A support obligation which is
satisfied is not subject to the reinstatement provisions of
this section.
4. An order suspending an accruing support obligation
entered by the court pursuant to this section shall be
considered a temporary order for the period of six months from
the date of filing of the suspension order. However, the
six-month period shall not include any time during which an
application for reinstatement is pending before the court.
5. During the six-month period the unit child support
services may request that the court reinstate the accruing
support order or obligation if any of the following conditions
exist:
a. Upon application to the unit child support services by
either parent or other person who has physical custody of the
child.
b. Upon the receipt of public assistance benefits, pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, by the person entitled to receive support
and the child on whose behalf support is paid, provided that
the person owing the support is not considered to be a member
of the same household as the child for the purposes of public
assistance eligibility.
6. If a condition under subsection 5 exists, the unit
-597- child support services may request that the court reinstate an
accruing support obligation as follows:
a. If the basis for the suspension no longer applies to any
of the children for whom an accruing support obligation was
suspended, the unit child support services shall request that
the court reinstate the accruing support obligations for all of
the children.
b. If the basis for the suspension continues to apply to
at least one but not all of the children for whom an accruing
support obligation was suspended and if the support order
includes a step change, the unit child support services
shall request that the court reinstate the accruing support
obligation for each child for whom the basis for the suspension
no longer applies.
7. Upon filing of an application for reinstatement, service
of the application shall be made either in person or by first
class mail upon both parents. Within ten days following the
date of service, the parents may file a written objection with
the clerk of the district court to the entry of an order for
reinstatement.
a. If no objection is filed, the court may enter an order
reinstating the accruing support obligation without additional
notice.
b. If an objection is filed, the clerk of court shall set
the matter for hearing and send notice of the hearing to both
parents and the unit child support services.
8. The reinstatement is effective as follows:
a. For reinstatements initiated under subsection 5,
paragraph “a”, the date the notices were served on both parents
pursuant to subsection 7.
b. For reinstatements initiated under subsection 5,
paragraph “b”, the date the child began receiving public
assistance benefits during the suspension of the obligation.
c. Support which became due during the period of suspension
but prior to the reinstatement is waived and not due and owing
-598-unless the parties requested and agreed to the suspension under
false pretenses.
9. If the order suspending a support obligation has been
on file with the court for a period exceeding six months as
computed pursuant to subsection 4, the order becomes final by
operation of law and terminates the support obligation, and
thereafter, a party seeking to establish a support obligation
against either party shall bring a new action for support as
provided by law.
10. This section shall not limit the rights of the parents
or the unit child support services to proceed by other means to
suspend, terminate, modify, reinstate, or establish support.
11. This section does not provide for the suspension or
retroactive modification of support obligations which accrued
prior to the entry of an order suspending enforcement and
collection of support pursuant to this section. However, if in
the application for suspension, an obligee elects to satisfy an
obligation of accrued support due the obligee, the suspension
order may satisfy the obligation of accrued support due the
obligee.
12. Nothing in this section shall prohibit or limit the
unit child support services or a party entitled to receive
support from enforcing and collecting any unpaid or unsatisfied
support that accrued prior to the suspension of the accruing
obligation.
13. For the purposes of chapter 252H, subchapter II,
regarding the criteria for a review or for a cost-of-living
alteration under chapter 252H, subchapter IV, if a support
obligation is terminated or reinstated under this section,
such termination or reinstatement shall not be considered a
modification of the support order.
14. As used in this section, unless the context otherwise
requires, “step change” means a change designated in a support
order specifying the amount of the child support obligation
as the number of children entitled to support under the order
-599-changes.
15. As specified in this section, if the child for whom
support is ordered is not receiving public assistance pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, upon agreement of the parents, the unit
child support services may facilitate the suspension of the
child support order or obligation if the child is residing
with a caretaker, who is a natural person, and who has not
requested the unit child support services to provide services
under this chapter. The parents and the caretaker shall sign
a notarized affidavit attesting to the conditions under this
section, consent to the suspension of the support order or
obligation, and submit the affidavit to the unit child support
services. Upon the receipt of public assistance benefits
pursuant to chapter 239B, 249A, or a comparable law of another
state or foreign country, by the child on whose behalf support
is ordered, or upon application to the unit child support
services by either parent or the caretaker, the unit child
support services may, within the time periods specified in this
section, request the reinstatement of the accruing support
order or obligation pursuant to this section.
16. The department may adopt all necessary and proper rules
to administer and interpret this section.
Sec. 864. Section 252B.20A, Code 2023, is amended to read
as follows:
252B.20A Suspension of support — request by one party.
1. If the unit child support services is providing child
support enforcement services pursuant to this chapter, the
obligor who is ordered to pay support for the dependent child
pursuant to chapter 252A, 252C, or 252F, may request the
assistance of the unit child support services in suspending
the obligation for support if all of the following conditions
exist:
a. The child is currently residing with the obligor and has
been for more than sixty consecutive days. If the basis for
-600-suspension under this paragraph applies to at least one but not
all of the children for whom support is ordered, the condition
of this paragraph is met only if the support order includes a
step change.
b. There is no order in effect regarding legal custody,
physical care, visitation, or other parenting time for the
child.
c. It is reasonably expected that the basis for suspension
under this section will continue for not less than six months.
d. The child for whom support is ordered is not receiving
public assistance pursuant to chapter 239B, 249A, or a
comparable law of another state or foreign country, unless the
obligor is considered to be a member of the same household as
the child for the purposes of public assistance eligibility.
e. The obligor has signed a notarized affidavit, provided
by the unit child support services, attesting to the existence
of the conditions under paragraphs “a” through “d”, has
requested suspension of the support order or obligation, and
has submitted the affidavit to the unit child support services.
f. No prior request for suspension has been served under
this section, and no prior request for suspension has been
filed with the unit child support services pursuant to section
252B.20, during the two-year period preceding the request.
g. Any other criteria established by rule of the department.
2. Upon receipt of the application for suspension and
properly executed and notarized affidavit, the unit child
support services shall review the application and affidavit
to determine that the criteria have been met. The unit Child
support services shall then do one of the following:
a. If the unit child support services determines the
criteria have not been met, deny the request and notify the
obligor in writing that the application is being denied,
providing reasons for the denial and notifying the obligor of
the right to proceed through private counsel. Denial of the
application is not subject to contested case proceedings or
-601-further review pursuant to chapter 17A.
b. If the unit child support services determines the
criteria have been met, serve a copy of the notice and
supporting documents on the obligee by any means provided in
section 252B.26. The notice to the obligee shall include all
of the following:
(1) Information sufficient to identify the parties and the
support order affected.
(2) An explanation of the procedure for suspension and
reinstatement of support under this section.
(3) An explanation of the rights and responsibilities of the
obligee, including the applicable procedural time frames.
(4) A statement that within twenty days of service, the
obligee must submit a signed and notarized response to the
unit child support services objecting to at least one of the
assertions in subsection 1, paragraphs “a” through “d”. The
statement shall inform the obligee that if, within twenty days
of service, the obligee fails to submit a response as specified
in this subparagraph, notwithstanding rules of civil procedure
1.972(2) and 1.972(3), the unit child support services will
prepare and submit an order as provided in subsection 3,
paragraph “b”.
3. No sooner than thirty days after service on the obligee
under subsection 2, paragraph “b”, the unit child support
services shall do one of the following:
a. If the obligee submits a signed and notarized objection
to any assertion in subsection 1, paragraphs “a” through “d”,
deny the request and notify the parties in writing that the
application is denied, providing reasons for the denial, and
notifying the parties of the right to proceed through private
counsel. Denial of the application is not subject to contested
case proceedings or further review pursuant to chapter 17A.
b. If the obligee does not timely submit a signed and
notarized objection to the unit child support services, prepare
an order which shall be submitted, along with supporting
-602-documents, to a judge of a district court for approval,
suspending the accruing support obligation. If the basis for
suspension applies to at least one but not all of the children
for whom support is ordered and the support order includes a
step change, the unit child support services shall prepare an
order suspending the accruing support obligation for each child
to whom the basis for suspension applies.
4. An order approved by the court for suspension of an
accruing support obligation is effective upon the date of
filing of the suspension order.
5. An order suspending an accruing support obligation
entered by the court pursuant to this section shall be
considered a temporary order for the period of six months from
the date of filing of the suspension order. However, the
six-month period shall not include any time during which an
application for reinstatement is pending before the court.
6. During the six-month period, the unit child support
services may request that the court reinstate the accruing
support order or obligation if any of the following conditions
exist:
a. Upon application to the unit child support services by
either party or other person who has physical custody of the
child.
b. Upon the receipt of public assistance benefits pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, by the person entitled to receive support
and the child on whose behalf support is paid, provided that
the person owing the support is not considered to be a member
of the same household as the child for the purposes of public
assistance eligibility.
7. If a condition under subsection 6 exists, the unit
child support services may request that the court reinstate an
accruing support obligation as follows:
a. If the basis for the suspension no longer applies to any
of the children for whom an accruing support obligation was
-603-suspended, the unit child support services shall request that
the court reinstate the accruing support obligations for all of
the children.
b. If the basis for the suspension continues to apply to
at least one but not all of the children for whom an accruing
support obligation was suspended and if the support order
includes a step change, the unit child support services
shall request that the court reinstate the accruing support
obligation for each child for whom the basis for the suspension
no longer applies.
8. Upon filing of an application for reinstatement, service
of the application shall be made either in person or by first
class mail upon the parties. Within ten days following the
date of service, a party may file a written objection with
the clerk of the district court to the entry of an order for
reinstatement.
a. If no objection is filed, the court may enter an order
reinstating the accruing support obligation without additional
notice.
b. If an objection is filed, the clerk of court shall set
the matter for hearing and send notice of the hearing to the
parties and the unit child support services.
9. a. The reinstatement is effective as follows:
(1) For reinstatements initiated under subsection 6,
paragraph “a”, the date the notices were served on the parties
pursuant to subsection 8.
(2) For reinstatements initiated under subsection 6,
paragraph “b”, the date the child began receiving public
assistance benefits during the suspension of the obligation.
b. Support which became due during the period of suspension
but prior to the reinstatement is waived and not due and owing
unless the suspension was made under false pretenses.
10. If the order suspending a support obligation has been
on file with the court for a period exceeding six months as
computed pursuant to subsection 5, the order becomes final by
-604-operation of law and terminates the support obligation, and
thereafter, a party seeking to establish a support obligation
against either party shall bring a new action for support as
provided by law.
11. Legal representation of the unit child support services
shall be provided pursuant to section 252B.7, subsection 4.
12. This section shall not limit the rights of a party or
the unit child support services to proceed by other means to
suspend, terminate, modify, reinstate, or establish support.
13. This section does not provide for the suspension or
retroactive modification of support obligations which accrued
prior to the entry of an order suspending enforcement and
collection of support pursuant to this section.
14. Nothing in this section shall prohibit or limit the
unit child support services or a party entitled to receive
support from enforcing and collecting any unpaid or unsatisfied
support that accrued prior to the suspension of the accruing
obligation.
15. For the purposes of chapter 252H regarding the criteria
for a review under subchapter II of that chapter or for a
cost-of-living alteration under subchapter IV of that chapter,
if a support obligation is terminated or reinstated under
this section, such termination or reinstatement shall not be
considered a modification of the support order.
16. As used in this section, unless the context otherwise
requires, “step change” means a change designated in a support
order specifying the amount of the child support obligation
as the number of children entitled to support under the order
changes.
17. As specified in this section, if the child for whom
support is ordered is not receiving public assistance pursuant
to chapter 239B, 249A, or a comparable law of another state
or foreign country, upon request by the obligor, the unit
child support services may facilitate the suspension of the
child support order or obligation if the child is residing
-605-with a caretaker, who is a natural person, and who has not
requested the unit child support services to provide services
under this chapter. The obligor and the caretaker shall sign
a notarized affidavit attesting to the conditions under this
section, consent to the suspension of the support order or
obligation, and submit the affidavit to the unit child support
services. Upon the receipt of public assistance benefits
pursuant to chapter 239B, 249A, or a comparable law of another
state or foreign country, by the child on whose behalf support
is ordered, or upon application to the unit child support
services by either party or the caretaker, the unit child
support services may, within the time periods specified in this
section, request the reinstatement of the accruing support
order or obligation pursuant to this section.
18. The department may adopt all necessary and proper rules
to administer and interpret this section.
Sec. 865. Section 252B.21, Code 2023, is amended to read as
follows:
252B.21 Administrative seek employment orders.
1. For any support order being enforced by the unit child
support services, the unit child support services may enter
an ex parte order requiring the obligor to seek employment
if employment of the obligor cannot be verified and if the
obligor has failed to make support payments. Advance notice is
not required prior to entering the ex parte order. The order
shall be served upon the obligor by regular mail, with proof of
service completed as provided in rule of civil procedure 1.442.
The unit Child support services shall file a copy of the order
with the clerk of the district court.
2. The order to seek employment shall contain directives,
including all of the following:
a. That the obligor seek employment within a determinate
amount of time.
b. That the obligor file with the unit child support
services on a weekly basis a report of at least five new
-606-attempts to find employment or of having found employment. The
report shall include the names, addresses, and the telephone
numbers of any employers or businesses with whom the obligor
attempted to seek employment and the name of the individual
contact to whom the obligor made application for employment or
to whom an inquiry was directed.
c. That failure to comply with the notice is evidence of a
willful failure to pay support under section 598.23A.
d. That the obligor shall provide the child support recovery
unit services with verification of any reason for noncompliance
with the order.
e. The duration of the order, not to exceed three months.
3. The department may establish additional criteria or
requirements relating to seek employment orders by rule as
necessary to implement this section.
Sec. 866. Section 252B.22, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The child Child support recovery unit services created in
this chapter shall establish a task force to assist in the
development and implementation of all of the following:
Sec. 867. Section 252B.23, Code 2023, is amended to read as
follows:
252B.23 Surcharge.
1. A surcharge shall be due and payable by the obligor on
a support arrearage identified as difficult to collect and
referred by the unit child support services on or after January
1, 1998, to a collection entity under contract with the unit
child support services or other state entity. The amount of
the surcharge shall be a percent of the amount of the support
arrearage referred to the collection entity and shall be
specified in the contract with the collection entity. For the
purpose of this chapter, a “collection entity” includes but is
not limited to a state agency, including the central collection
unit of the department of revenue, or a private collection
agency. Use of a collection entity is in addition to any
-607-other legal means by which support payments may be collected.
The unit Child support services shall continue to use other
enforcement actions, as appropriate.
2. a. Notice that a surcharge may be assessed on a support
arrearage referred to a collection entity pursuant to this
section shall be provided to an obligor in accordance with one
of the following as applicable:
(1) In the order establishing or modifying the support
obligation. The unit Child support services or the district
court shall include notice in any new or modified support order
issued on or after July 1, 1997.
(2) Through notice sent by the unit child support services
by regular mail to the last known address of the support
obligor.
b. The notice shall also advise that any appropriate
information may be provided to a collection entity for purposes
of administering and enforcing the surcharge.
3. Arrearages submitted for referral and surcharge pursuant
to this section shall meet all of the following criteria:
a. The arrearages owed shall be based on a court or
administrative order which establishes the support obligation.
b. The arrearage is due for a case in which the unit
child support services is providing services pursuant to this
chapter and one for which the arrearage has been identified as
difficult to collect by the unit child support services.
c. The obligor was provided notice pursuant to subsection 2
at least fifteen days prior to sending the notice of referral
pursuant to subsection 4.
4. The unit Child support services shall send notice of
referral to the obligor by regular mail to the obligor’s last
known address, with proof of service completed according to
rule of civil procedure 1.442, at least thirty days prior to
the date the arrearage is referred to the collection entity.
The notice shall inform the obligor of all of the following:
a. The arrearage will be referred to a collection entity.
-608- b. Upon referral, a surcharge is due and payable by the
obligor.
c. The amount of the surcharge.
d. That the obligor may avoid referral by paying the amount
of the arrearage to the collection services center within
twenty days of the date of notice of referral.
e. That the obligor may contest the referral by submitting a
written request for review of the unit child support services.
The request shall be received by the unit child support
services within twenty days of the date of the notice of
referral.
f. The right to contest the referral is limited to a mistake
of fact, which includes a mistake in the identity of the
obligor, a mistake as to fulfillment of the requirements for
referral under this subsection, or a mistake in the amount of
the arrearages.
g. The unit Child support services shall issue a written
decision following a requested review.
h. Following the issuance of a written decision by the unit
child support services denying that a mistake of fact exists,
the obligor may request a hearing to challenge the surcharge
by sending a written request for a hearing to the office of
the unit which issued the decision child support services.
The request shall be received by the office of the unit which
issued the decision child support services within ten days of
the unit’s child support services’ written decision. The only
grounds for a hearing shall be mistake of fact. Following
receipt of the written request, the unit which receives the
request child support services shall certify the matter for
hearing in the district court in the county in which the
underlying support order is filed.
i. The address of the collection services center for payment
of the arrearages.
5. If the obligor pays the amount of arrearage within twenty
days of the date of the notice of referral, referral of the
-609-arrearage to a collection entity shall not be made.
6. If the obligor requests a review or court hearing
pursuant to this section, referral of the arrearages shall be
stayed pending the decision of the unit child support services
or the court.
7. Actions of the unit child support services under this
section shall not be subject to contested case proceedings or
further review pursuant to chapter 17A and any resulting court
hearing shall be an original hearing before the district court.
However, the department shall establish, by rule pursuant to
chapter 17A, an internal process to provide an additional
review by the administrator of the child support recovery unit
director or the administrator’s director’s designee.
8. If an obligor does not pay the amount of the arrearage,
does not contest the referral, or if following the unit’s
child support services’ review and any court hearing the unit
child support services or the court does not find a mistake
of fact, the arrearages shall be referred to a collection
entity. Following the review or hearing, if the unit child
support services or the court finds a mistake in the amount
of the arrearage, the arrearages shall be referred to the
collection entity in the appropriate arrearage amount. For
arrearages referred to a collection entity, the obligor shall
pay a surcharge equal to a percent of the amount of the support
arrearage due as of the date of the referral. The surcharge
is in addition to the arrearages and any other fees or charges
owed, and shall be enforced by the collection entity as
provided under section 252B.5. Upon referral to the collection
entity, the surcharge is an automatic judgment against the
obligor.
9. The director or the director’s designee may file a notice
of the surcharge with the clerk of the district court in the
county in which the underlying support order is filed. Upon
filing, the clerk shall enter the amount of the surcharge on
the lien index and judgment docket.
-610- 10. Following referral of a support arrearage to a
collection entity, the surcharge shall be due and owing and
enforceable by a collection entity or the unit child support
services notwithstanding satisfaction of the support obligation
or whether the collection entity is enforcing a support
arrearage. However, the unit child support services may waive
payment of all or a portion of the surcharge if waiver will
facilitate the collection of the support arrearage.
11. All surcharge payments shall be received and disbursed
by the collection services center. The surcharge payments
received by the collection services center shall be considered
repayment receipts as defined in section 8.2 and shall be used
to pay the costs of any contracts with a collection entity.
12. a. A payment received by the collection services center
which meets all the following conditions shall be allocated as
specified in paragraph “b”:
(1) The payment is for a case in which arrearages have been
referred to a collection entity.
(2) A surcharge is assessed on the arrearages.
(3) The payment is collected under the provisions of the
contract with the collection entity.
b. A payment meeting all of the conditions in paragraph “a”
shall be allocated between support and costs and fees, and the
surcharge according to the following formula:
(1) The payment shall be divided by the sum of one hundred
percent plus the percent specified in the contract.
(2) The quotient shall be the amount allocated to the
support arrearage and other fees and costs.
(3) The difference between the dividend and the quotient
shall be the amount allocated to the surcharge.
13. Any computer or software programs developed and any
records used in relation to a contract with a collection entity
remain the property of the department.
Sec. 868. Section 252B.24, Code 2023, is amended to read as
follows:
-611- 252B.24 State case registry.
1. Beginning October 1, 1998, the unit Child support
services shall operate a state case registry to the extent
determined by applicable time frames and other provisions of
42 U.S.C. §654a(e) and this section. The unit Child support
services and the judicial branch shall enter into a cooperative
agreement for the establishment and operation of the registry
by the unit child support services. The state case registry
shall include records with respect to all of the following:
a. Unless prohibited by federal law, each case for which
services are provided under this chapter.
b. Each order for support, as defined in section 252D.16 or
598.1, which meets at least one of the following criteria:
(1) The support order is established or modified in this
state on or after October 1, 1998.
(2) The income of the obligor is subject to income
withholding under chapter 252D, including any support order for
which the district court enters an ex parte order under chapter
252D on or after October 1, 1998.
2. The clerk of the district court shall provide the
unit child support services with any information, orders,
or documents requested by the unit child support services
to establish or operate the state case registry, which are
specified in the agreement described in subsection 1, within
the time frames specified in that agreement. The agreement
shall include but is not limited to provisions to provide for
all of the following:
a. Provision to the unit child support services of
information, orders, and documents necessary for the unit child
support services to meet requirements described in 42 U.S.C.
§654a(e) and this section.
b. Provision to the unit child support services of
information filed with the clerk of the district court by a
party under section 598.22B, and the social security number
of a child filed with the clerk of the district court under
-612-section 602.6111.
c. Use of automation, as appropriate, to meet the
requirements described in 42 U.S.C. §654a(e) and this section.
3. The records of the state case registry are confidential
records pursuant to chapter 22 and may only be disclosed or
used as provided in section 252B.9.
Sec. 869. Section 252B.25, Code 2023, is amended to read as
follows:
252B.25 Contempt — combining actions.
Notwithstanding any provision of law to the contrary, if
an obligor has been ordered to provide support in more than
one order, the unit child support services may bring a single
action for contempt to enforce the multiple orders. However,
if the obligor objects to the consolidation of the actions
regarding multiple orders into a single action for contempt,
and the court determines that severance of the single action
into multiple actions is in the interest of justice, the
unit child support services shall bring multiple actions for
contempt to enforce the multiple orders. If the single action
is brought and the obligor does not object, the unit child
support services shall file the action in the district court of
a county where the obligor resides, or if the obligor does not
reside in the state, in the district court of the county where
at least one of the support orders was entered or registered.
For the purposes of this section, the district court where
the unit child support services files the action shall have
jurisdiction and authority over all other support orders for
the obligor entered or registered by a court of this state and
affected under this section. In such case, the unit child
support services shall also file a document with the clerk of
court in each county affected specifying the county where the
action under this section was filed and the disposition of the
action.
Sec. 870. Section 252B.26, Code 2023, is amended to read as
follows:
-613- 252B.26 Service of process.
Notwithstanding any provision of law to the contrary, the
unit child support services may serve a petition, notice, or
rule to show cause under this chapter or chapter 252A, 252C,
252F, 252H, 252K, 598, or 665 as specified in each chapter, or
as follows:
1. The unit Child support services may serve a petition,
notice, or rule to show cause by certified mail. Return
acknowledgment is required to prove service by certified mail,
rules of civil procedure 1.303(5) and 1.308(5) shall not apply,
and the return acknowledgment shall be filed with the clerk of
court.
2. The unit Child support services may serve a notice
of intent under chapter 252H, or a notice of decision under
section 252H.14A, upon any party or parent who is receiving
family investment program assistance for the parent or child by
sending the notice by regular mail to the address maintained by
the department. Rules of civil procedure 1.303(5) and 1.308(5)
shall not apply and the unit child support services shall file
proof of service as provided in chapter 252H. If the notice is
determined to be undeliverable, the unit child support services
shall serve the notice as otherwise provided in this section
or by personal service.
Sec. 871. Section 252B.27, Code 2023, is amended to read as
follows:
252B.27 Use of funding for additional positions.
1. The director, within the limitations of the amount
appropriated for the unit child support services, or moneys
transferred for this purpose from the family investment program
account created in section 239B.11, may establish new positions
and add employees to the unit child support services if the
director determines that both the current and additional
employees together can reasonably be expected to maintain or
increase net state revenue at or beyond the budgeted level for
the fiscal year.
-614- 2. a. The director may establish new positions and add
state employees to the unit child support services or contract
for delivery of services if the director determines the
employees are necessary to replace county-funded positions
eliminated due to termination, reduction, or nonrenewal of
a chapter 28E contract. However, the director must also
determine that the resulting increase in the state share of
child support recovery services incentives exceeds the cost
of the positions or contract, the positions or contract are
necessary to ensure continued federal funding of the unit
child support services, or the new positions or contract can
reasonably be expected to recover at least twice the amount of
money necessary to pay the salaries and support for the new
positions or the contract will generate at least two hundred
percent of the cost of the contract.
b. Employees in full-time positions that transition
from county government to state government employment under
this subsection are exempt from testing, selection, and
appointment provisions of chapter 8A, subchapter IV, and from
the provisions of collective bargaining agreements relating to
the filling of vacant positions.
Sec. 872. Section 252C.1, Code 2023, is amended to read as
follows:
252C.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Administrator” means the administrator of the child
support recovery unit of the department of human services, or
the administrator’s designee.
2. 1. “Caretaker” means a parent, relative, guardian,
or another person who is responsible for paying foster care
costs pursuant to chapter 234 or whose needs are included in an
assistance payment made pursuant to chapter 239B.
2. “Child support services” means child support services
created in section 252B.2.
-615- 3. “Court order” means a judgment or order requiring the
payment of a set or determinable amount of monetary support.
For orders entered on or after July 1, 1990, unless the court
specifically orders otherwise, medical support, as defined
in section 252E.1, is not included in the amount of monetary
support.
4. “Department” means the department of health and human
services.
5. “Dependent child” means a person who meets the
eligibility criteria established in chapter 234 or 239B and
whose support is required by chapter 234, 239B, 252A, 252F,
598, or 600B.
6. “Director” means the director of health and human
services.
6. 7. “Medical support” means medical support as defined
in section 252E.1.
7. 8. “Public assistance” means foster care costs paid by
the department pursuant to chapter 234 or assistance provided
pursuant to chapter 239B.
8. 9. “Responsible person” means a parent, relative,
guardian, or another person legally liable for the support of a
child or a child’s caretaker.
Sec. 873. Section 252C.2, Code 2023, is amended to read as
follows:
252C.2 Assignment — creation of support debt — subrogation.
1. If public assistance is provided by the department
to or on behalf of a dependent child or a dependent child’s
caretaker, there is an assignment by operation of law to the
department of any and all right in, title to, and interest in
any support obligation, payment, and arrearages owed to or for
the child or caretaker up to the amount of public assistance
paid for or on behalf of the child or caretaker. Unless
otherwise specified in the order, an equal and proportionate
share of any child support awarded is presumed to be payable
on behalf of each child subject to the order or judgment for
-616-purposes of an assignment under this section. For family
investment program assistance, section 239B.6 shall apply.
2. The payment of public assistance to or for the benefit of
a dependent child or a dependent child’s caretaker creates a
support debt due and owing to the department by the responsible
person in an amount equal to the public assistance payment,
except that the support debt is limited to the amount of
a support obligation established by court order or by the
administrator department. The administrator department may
establish a support debt as to amounts accrued and accruing
pursuant to section 598.21B. However, when establishing a
support obligation against a responsible person, no debt shall
be created for the period during which the responsible person
is a recipient on the person’s own behalf of public assistance
for the benefit of the dependent child or the dependent child’s
caretaker, if any of the following conditions exist:
a. The parents have reconciled and are cohabiting, and the
child for whom support would otherwise be sought is living in
the same residence as the parents.
b. The child is living with the parent from whom support
would otherwise be sought.
3. The provision of child support collection or paternity
determination services under chapter 252B to an individual,
even though the individual is ineligible for public assistance,
creates a support debt due and owing to the individual or the
individual’s child or ward by the responsible person in the
amount of a support obligation established by court order or
by the administrator department. The administrator department
may establish a support debt in favor of the individual or the
individual’s child or ward and against the responsible person,
both as to amounts accrued and accruing, pursuant to section
598.21B.
4. The payment of medical assistance pursuant to chapter
249A for the benefit of a dependent child or a dependent
child’s caretaker creates a support debt due and owing to the
-617-department. The administrator department may establish an
order for medical support.
5. The department is subrogated to the rights of a dependent
child or a dependent child’s caretaker to bring a court action
or to execute an administrative remedy for the collection
of support. The administrator department may petition an
appropriate court for modification of a court order on the same
grounds as a party to the court order can petition the court
for modification.
Sec. 874. Section 252C.3, Code 2023, is amended to read as
follows:
252C.3 Notice of support debt — failure to respond —
hearing — order.
1. The administrator department may issue a notice stating
the intent to secure an order for either medical support as
provided in chapter 252E or payment of an accrued or accruing
support debt due and owed to the department or an individual
under section 252C.2, or both. The notice shall be served upon
the responsible person in accordance with the rules of civil
procedure. The notice shall include all of the following:
a. A statement that the support obligation will be set
pursuant to the child support guidelines established pursuant
to section 598.21B, and the criteria established pursuant to
section 252B.7A, and that the responsible person is required to
provide medical support in accordance with chapter 252E.
b. The name of a public assistance recipient and the name of
the dependent child or caretaker for whom the public assistance
is paid.
c. (1) A statement that if the responsible person desires
to discuss the amount of support that a responsible person
should be required to pay, the responsible person may, within
ten days after being served, contact the office of the child
support recovery unit which sent the notice services and
request a negotiation conference.
(2) A statement that if a negotiation conference is
-618-requested, then the responsible person shall have ten days from
the date set for the negotiation conference or thirty days from
the date of service of the original notice, whichever is later,
to send a request for a hearing to the office of the child
support recovery unit which issued the notice services.
(3) A statement that after the holding of the negotiation
conference, the administrator department may issue a new notice
and finding of financial responsibility for child support or
medical support, or both, to be sent to the responsible person
by regular mail addressed to the responsible person’s last
known address, or if applicable, to the last known address of
the responsible person’s attorney.
(4) A statement that if the administrator department issues
a new notice and finding of financial responsibility for child
support or medical support, or both, then the responsible
person shall have thirty days from the date of issuance of the
new notice to send a request for a hearing to the office of the
child support recovery unit which issued the notice services.
If the administrator department does not issue a new notice
and finding of financial responsibility for child support or
medical support, or both, the responsible party shall have ten
days from the date of issuance of the conference report to send
a request for a hearing to the office of the child support
recovery unit which issued the conference report services.
d. A statement that if the responsible person objects
to all or any part of the notice or finding of financial
responsibility for child support or medical support, or both,
and a negotiation conference is not requested, the responsible
person shall, within thirty days of the date of service send to
the office of the child support recovery unit which issued the
notice services a written response setting forth any objections
and requesting a hearing.
e. A statement that if a timely written request for a
hearing is received by the office of the child support recovery
unit which issued the notice services, the responsible person
-619-shall have the right to a hearing to be held in district
court; and that if no timely written response is received, the
administrator department may enter an order in accordance with
the notice and finding of financial responsibility for child
support or medical support, or both.
f. A statement that, as soon as the order is entered, the
property of the responsible person is subject to collection
action, including but not limited to wage withholding,
garnishment, attachment of a lien, and execution.
g. A statement that the responsible person shall notify the
administrator department of any change of address, employment,
or medical coverage as required by chapter 252E.
h. A statement that if the responsible person has any
questions, the responsible person should telephone or visit an
office of the child support recovery unit services or consult
an attorney.
i. Such other information as the administrator department
finds appropriate.
2. The time limitations for requesting a hearing in
subsection 1 may be extended by the administrator department.
3. If a timely written response setting forth objections and
requesting a hearing is received by the appropriate office of
the child support recovery unit services, a hearing shall be
held in district court.
4. If timely written response and request for hearing is
not received by the appropriate office of the child support
recovery unit services, the administrator department may enter
an order in accordance with the notice, and shall specify all
of the following:
a. The amount of monthly support to be paid, with directions
as to the manner of payment.
b. The amount of the support debt accrued and accruing in
favor of the department.
c. The name of the custodial parent or agency having custody
of the dependent child and the name and birth date of the
-620-dependent child for whom support is to be paid.
d. That the property of the responsible person is subject
to collection action, including but not limited to wage
withholding, garnishment, attachment of a lien, and execution.
e. The medical support required pursuant to chapter 598 and
rules adopted pursuant to chapter 252E.
5. The responsible person shall be sent a copy of the order
by regular mail addressed to the responsible person’s last
known address, or if applicable, to the last known address of
the responsible person’s attorney. The order is final, and
action by the administrator department to enforce and collect
upon the order, including arrearages and medical support, or
both, may be taken from the date of approval of the order by the
court pursuant to section 252C.5.
Sec. 875. Section 252C.4, Code 2023, is amended to read as
follows:
252C.4 Certification to court — hearing — default.
1. A responsible person or the child support recovery
unit services may request a hearing regarding a determination
of support. If a timely written request for a hearing is
received, the administrator department shall certify the matter
to the district court as follows:
a. If the child or children reside in Iowa, and the unit
child support services is seeking an accruing obligation, in
the county in which the dependent child or children reside.
b. If the child or children received public assistance in
Iowa, and the unit child support services is seeking only an
accrued obligation, in the county in which the dependent child
or children last received public assistance.
c. If the action is the result of a request from another
state or foreign country to establish support by a responsible
person located in Iowa, in the county in which the responsible
person resides.
2. The certification shall include true copies of the
notice and finding of financial responsibility or notice of the
-621-support debt accrued and accruing, the return of service, the
written objections and request for hearing, and true copies of
any administrative orders previously entered.
3. The court shall set the matter for hearing and notify the
parties of the time and place of hearing.
4. The court shall establish the monthly child support
payment and the amount of the support debt accrued and accruing
pursuant to section 598.21B, or medical support pursuant to
chapter 252E, or both.
5. If a party fails to appear at the hearing, upon a showing
of proper notice to that party, the court shall find that party
in default and enter an appropriate order.
6. Actions initiated by the administrator department under
this chapter are not subject to chapter 17A and resulting court
hearings following certification shall be an original hearing
before the district court.
7. If a responsible person contests an action initiated
under this chapter by denying paternity, the following shall
apply, as necessary:
a. (1) If the prior determination of paternity is based on
an affidavit of paternity filed pursuant to section 252A.3A, or
an administrative order entered pursuant to chapter 252F, or an
order by the courts of this state, or by operation of law when
the mother and established father are or were married to each
other, the provisions of section 600B.41A are applicable.
(2) If the court determines that the prior determination of
paternity should not be overcome pursuant to section 600B.41A,
and that the responsible person has a duty to provide support,
the court shall enter an order establishing the monthly child
support payment and the amount of the support debt accrued
and accruing pursuant to section 598.21B, or medical support
pursuant to chapter 252E, or both.
b. If the prior determination of paternity is based on an
administrative or court order or other means, pursuant to the
laws of another state or foreign country, an action to overcome
-622-the prior determination of paternity shall be filed in that
jurisdiction. Unless the responsible person requests and is
granted a stay of an action initiated under this chapter to
establish child or medical support, the action shall proceed as
otherwise provided by this chapter.
Sec. 876. Section 252C.5, Code 2023, is amended to read as
follows:
252C.5 Filing and docketing of financial responsibility order
— order effective as district court decree.
1. A true copy of any order entered by the administrator
department pursuant to this chapter, along with a true copy
of the return of service, if applicable, may be filed in
the office of the clerk of the district court in the manner
established pursuant to section 252C.4, subsection 1.
2. The administrator’s department’s order shall be
presented, ex parte, to the district court for review and
approval. Unless defects appear on the face of the order or on
the attachments, the district court shall approve the order.
The approved order shall have all the force, effect, and
attributes of a docketed order or decree of the district court.
3. Upon filing, the clerk shall enter the order in the
judgment docket.
4. If the responsible party appeals the order approved
by the court under this section, and the court on appeal
establishes an amount of support which is less than the amount
of support established under the approved order, the court, in
the order issued on appeal, shall reconcile the amounts due
and shall provide that any amount which represents the unpaid
difference between the amount under the approved order and the
amount under the order of the court on appeal is satisfied.
Sec. 877. Section 252C.6, Code 2023, is amended to read as
follows:
252C.6 Interest on support debts.
Interest accrues on support debts at the rate provided
in section 535.3 for court judgments. The administrator
-623- department may collect the accrued interest but is not required
to maintain interest balance accounts. The department Child
support services may waive payment of the interest if the
waiver will facilitate the collection of the support debt.
Sec. 878. Section 252C.8, Code 2023, is amended to read as
follows:
252C.8 Temporary restraining order or bond.
If the administrator department reasonably believes that the
responsible person is not a resident of this state, is about to
move from this state, or is concealing the responsible person’s
whereabouts, or that the responsible person has removed or
is about to remove, secrete, waste, or otherwise dispose of
property which could be made subject to collection procedures
to satisfy the support debt, the administrator department may
petition the district court for a temporary restraining order
barring the removal, secretion, waste, or disposal. However,
if the responsible person furnishes a bond satisfactory to the
court, the temporary restraining order shall be vacated.
Sec. 879. Section 252C.12, Code 2023, is amended to read as
follows:
252C.12 Waiver of time limitations by responsible person.
1. A responsible person may waive the time limitations
established in section 252C.3.
2. Upon receipt of a signed statement from each responsible
person waiving the time limitations established in section
252C.3, the administrator department may proceed to enter an
order for support and the court may approve the order, whether
or not the time limitations have expired.
3. If a responsible person waives the time limitations
established in section 252C.3 and an order for support is
entered under this chapter, the signed statement of the
responsible person waiving the time limitations shall be filed
with the order for support.
Sec. 880. Section 252D.1, Code 2023, is amended to read as
follows:
-624- 252D.1 Delinquent support payments.
If support payments ordered under this chapter or chapter
232, 234, 252A, 252C, 252E, 252F, 598, 600B, or any other
applicable chapter, or under a comparable statute of another
state or foreign country, as certified to the child support
recovery unit established in section 252B.2 services, are not
paid to the clerk of the district court or the collection
services center pursuant to section 598.22 or, as appropriate,
a comparable government entity in another state as provided
in chapter 252K, and become delinquent in an amount equal to
the payment for one month, the child support recovery unit
services may enter an ex parte order or, upon application of a
person entitled to receive the support payments, the district
court may enter an ex parte order, notifying the person whose
income is to be withheld, of the delinquent amount, of the
amount of income to be withheld, and of the procedure to
file a motion to quash the order for income withholding, and
ordering the withholding of specified sums to be deducted
from the delinquent person’s income as defined in section
252D.16 sufficient to pay the support obligation and, except as
provided in section 598.22, requiring the payment of such sums
to the clerk of the district court or the collection services
center or, as appropriate, a comparable government entity
in another state as provided in chapter 252K. All income
withholding payments shall be paid to the collection services
center or, as appropriate, a comparable government entity in
another state as provided in chapter 252K. Notification of
income withholding shall be provided to the obligor and to the
payor of income pursuant to section 252D.17.
Sec. 881. Section 252D.8, Code 2023, is amended to read as
follows:
252D.8 Persons subject to immediate income withholding.
1. In a support order issued or modified on or after
November 1, 1990, for which services are being provided by the
child support recovery unit services, and in any support orders
-625-issued or modified after January 1, 1994, for which services
are not provided by the child support recovery unit services,
the income of a support obligor is subject to withholding, on
the effective date of the order, regardless of whether support
payments by the obligor are in arrears. If services are being
provided pursuant to chapter 252B, the child support recovery
unit services may enter an ex parte order for an immediate
withholding of income. The district court may enter an ex
parte order for immediate income withholding for cases in which
the child support recovery unit services is not providing
services. The income of the obligor is subject to immediate
withholding unless one of the following occurs:
a. One of the parties demonstrates and the court or child
support recovery unit services finds there is good cause not to
require immediate withholding. A finding of good cause shall
be based on, at a minimum, written findings and conclusions by
the court or administrative authority as to why implementing
immediate withholding would not be in the best interests of the
child. In cases involving modifications, the findings shall
also include proof of timely payment of previously ordered
support.
b. A written agreement is reached between both parties
which provides for an alternative arrangement. If the support
payments have been assigned to the department of human services
pursuant to chapter 234 or 239B, or a comparable statute of
another jurisdiction, the department shall be considered a
party to the support order, and a written agreement pursuant
to this section to waive immediate withholding is void unless
approved by the child support recovery unit services. Any
agreement existing at the time an assignment of support is made
pursuant to chapter 234 or 239B or pursuant to a comparable
statute of another jurisdiction shall not prevent the child
support recovery unit services from implementing immediate
withholding.
2. For an order not requiring immediate withholding, income
-626-of an obligor is subject to immediate withholding, without
regard to whether there is an arrearage, on the earliest of the
following:
a. The date the obligor requests that the withholding begin.
b. The date the custodial parent or party to the proceeding
requests that the withholding begin, if the request is approved
by the district court or, in cases in which services are
being provided pursuant to chapter 252B, if the child support
recovery unit services approves the request.
Sec. 882. Section 252D.16, Code 2023, is amended to read as
follows:
252D.16 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Child support services” means the same as child
supported services created in section 252B.2.
2. “Department” means the department of health and human
services.
1. 3. “Income” means all of the following:
a. Any periodic form of payment due an individual,
regardless of source, including but not limited to wages,
salaries, commissions, bonuses, workers’ compensation,
disability payments, payments pursuant to a pension or
retirement program, and interest.
b. A sole payment or lump sum as provided in section
252D.18C, including but not limited to payment from an estate
including inheritance, or payment for personal injury or
property damage.
c. Irregular income as defined in section 252D.18B.
2. 4. “Payor of income” or “payor” means and includes, but
is not limited to, an obligor’s employer, trustee, the state
of Iowa and all governmental subdivisions and agencies and any
other person from whom an obligor receives income.
3. 5. “Support” or “support payments” means any amount
which the court or administrative agency may require a person
-627-to pay for the benefit of a child under a temporary order or a
final judgment or decree entered under chapter 232, 234, 252A,
252C, 252F, 252H, 598, 600B, or any other comparable chapter,
and may include child support, maintenance, medical support as
defined in chapter 252E, spousal support, and any other term
used to describe these obligations. These obligations may
include support for a child of any age who is dependent on the
parties to the dissolution proceedings because of physical or
mental disability. The obligations may include support for
a child eighteen or more years of age with respect to whom a
child support order has been issued pursuant to the laws of
another state or foreign country. These obligations shall
not include amounts for a postsecondary education subsidy as
defined in section 598.1.
Sec. 883. Section 252D.16A, Code 2023, is amended to read
as follows:
252D.16A Income withholding order — child support recovery
unit services.
If support payments are ordered under this chapter, chapter
232, 234, 252A, 252C, 252E, 252F, 252H, 598, 600B, or any other
applicable chapter, or under a comparable statute of another
state or foreign country, and if income withholding relative
to such support payments is allowed under this chapter, the
child support recovery unit services may enter an ex parte
order notifying the person whose income is to be withheld
of the procedure to file a motion to quash the order for
income withholding, and ordering the withholding of sums to
be deducted from the delinquent person’s income as defined in
section 252D.16 sufficient to pay the support obligation and
requiring the payment of such sums to the collection services
center or, as appropriate, a comparable government entity in
another state as provided in chapter 252K. The child Child
support recovery unit services shall include the amount of
any delinquency and the amount to be withheld in the notice
provided to the obligor pursuant to section 252D.17A. Notice
-628-of income withholding shall be provided to the obligor and to
the payor of income pursuant to sections 252D.17 and 252D.17A.
Sec. 884. Section 252D.17, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The district court shall provide notice by sending a copy
of the order for income withholding or a notice of the order
for income withholding to the obligor and the obligor’s payor
of income by regular mail, with proof of service completed
according to rule of civil procedure 1.442. The child Child
support recovery unit services shall provide notice of the
income withholding order by sending a notice of the order to
the obligor’s payor of income by regular mail or by electronic
means. Proof of service may be completed according to rule
of civil procedure 1.442. The child Child support recovery
unit’s services’ notice of the order may be sent to the payor
of income on the same date that the order is sent to the clerk
of court for filing. In all other instances, the income
withholding order shall be filed with the clerk of court prior
to sending the notice of the order to the payor of income. In
addition to the amount to be withheld for payment of support,
the order or the notice of the order shall be in a standard
format as prescribed by the unit child support services and
shall include all of the following information regarding the
duties of the payor in implementing the withholding order:
Sec. 885. Section 252D.17, subsection 1, paragraphs g and i,
Code 2023, are amended to read as follows:
g. The withholding is binding on the payor until further
notice by the court or the child support recovery unit
services.
i. The payor shall promptly notify the court or the child
support recovery unit services when the obligor’s employment or
other income terminates, and provide the obligor’s last known
address and the name and address of the obligor’s new employer,
if known.
Sec. 886. Section 252D.17A, Code 2023, is amended to read
-629-as follows:
252D.17A Notice to obligor of implementation of income
withholding order.
The child Child support recovery unit services or the
district court shall send a notice of the income withholding
order to the obligor at the time the notice is sent to the payor
of income.
Sec. 887. Section 252D.18, Code 2023, is amended to read as
follows:
252D.18 Modification or termination of withholding.
1. The court or the child support recovery unit services
may, by ex parte order, modify a previously entered income
withholding order if the court or the unit child support
services determines any of the following:
a. There has been a change in the amount of the current
support obligation.
b. The amount required to be withheld under the income
withholding order is in error.
c. Any past due support debt has been paid in full. Should
a delinquency later accrue, the withholding order may be
modified to secure payment toward the delinquency.
d. There has been a change in the rules adopted by the
department pursuant to chapter 17A regarding the amount of
income to be withheld to pay a delinquency.
2. The child Child support recovery unit services may modify
an amount specified in an income withholding order or notice of
income withholding by providing notice to the payor of income
and the obligor pursuant to sections 252D.17 and 252D.17A.
3. The court or the child support recovery unit services
may, by ex parte order, terminate an income withholding order
when the current support obligation has terminated and when
the delinquent support obligation has been fully satisfied
as applicable to all of the children covered by the income
withholding order. The unit Child support services may, by
ex parte order, terminate an income withholding order when
-630-the unit child support services will no longer be providing
services under chapter 252B, or when another state or foreign
country will be providing services under Tit.IV-D of the
federal Social Security Act or a comparable law in a foreign
country.
4. In no case shall payment of overdue support be the sole
basis for termination of withholding.
Sec. 888. Section 252D.18A, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. The total of all amounts withheld shall not exceed the
amounts specified in 15 U.S.C. §1673(b). For orders or notices
issued by the child support recovery unit services, the limit
for the amount to be withheld shall be specified in the order
or notice.
4. The payor shall identify and report payments by the
obligor’s name, account number, amount, and date withheld
pursuant to section 252D.17. If payments for multiple obligees
are combined, the portion of the payment attributable to each
obligee shall be specifically identified only if the payor is
directed to do so by the child support recovery unit services.
Sec. 889. Section 252D.18B, Code 2023, is amended to read
as follows:
252D.18B Irregular income.
When payment of income is irregular, and an order for
immediate or mandatory income withholding has been entered by
the child support recovery unit services or the district court,
the income payor shall withhold income equal to the total that
would have been withheld had there been regular monthly income.
The amounts withheld shall not exceed the amounts specified
in 15 U.S.C. §1673(b). For the purposes of this section, an
income source is irregular when there are periods in excess of
one month during which the income payor makes no payment to the
obligor and the periods are not the result of termination or
suspension of employment.
Sec. 890. Section 252D.18C, Code 2023, is amended to read
-631-as follows:
252D.18C Withholding from lump sum payments.
The child Child support recovery unit services or the
district court may enter an ex parte order for income
withholding when the obligor is paid by a lump sum income
source. When a sole payment is made or payment occurs at
two-month or greater intervals, the withholding order may
include all current and delinquent support due through the
current month, but shall not exceed the amounts specified in
15 U.S.C. §1673(b).
Sec. 891. Section 252D.19A, subsection 2, Code 2023, is
amended to read as follows:
2. If the unit child support services takes an enforcement
action during a calendar year against an obligor and the
obligor is not delinquent or in arrears solely due to the
applicability of this section to the obligor, upon discovering
the circumstances, the unit child support services shall
promptly discontinue the enforcement action.
Sec. 892. Section 252D.20, Code 2023, is amended to read as
follows:
252D.20 Administration of income withholding procedures.
The child Child support recovery unit services is designated
as the entity of the state to administer income withholding in
accordance with the procedures specified for keeping adequate
records to document, track, and monitor support payments on
cases subject to Tit.IV-D of the federal Social Security
Act. The collection services center is designated as the
entity for administering income withholding for cases which are
not subject to Tit.IV-D. The collection services center’s
responsibilities for administering income withholding in cases
not subject to Tit.IV-D are limited to the receipt, recording,
and disbursement of income withholding payments and to
responding to requests for information on the current status of
support payments pursuant to section 252B.13A. Notwithstanding
section 622.53, in cases where the court or the child support
-632-recovery unit services is enforcing an order of another state
or foreign country through income withholding, a certified copy
of the underlying judgment is sufficient proof of authenticity.
Sec. 893. Section 252D.22, Code 2023, is amended to read as
follows:
252D.22 Rules.
The department shall adopt the administrative rules
necessary to implement the provisions of this chapter as they
pertain to the operations of the child support recovery unit
services.
Sec. 894. Section 252D.23, Code 2023, is amended to read as
follows:
252D.23 Filing of withholding order — order effective as
district court order.
An income withholding order entered by the child support
recovery unit services pursuant to this chapter shall be
filed with the clerk of the district court. In lieu of any
signature on the order which may otherwise be required by law
or rule, the order shall have affixed the name and address
of the appropriate child support office services. For the
purposes of demonstrating compliance by the payor of income,
the copy of the withholding order or the notice of the order
received, whether or not the copy of the order is file-stamped,
shall have all the force, effect, and attributes of a docketed
order of the district court including, but not limited to,
availability of contempt of court proceedings against a
payor of income for noncompliance. However, any information
contained in the income withholding order or the notice of the
order related to the amount of the accruing or accrued support
obligation which does not reflect the correct amount of support
due does not modify the underlying support judgment.
Sec. 895. Section 252E.1, Code 2023, is amended to read as
follows:
252E.1 Definitions.
As used in this chapter, unless the context otherwise
-633-requires:
1. “Accessible” means any of the following, unless otherwise
provided in the support order:
a. The health benefit plan does not have service area
limitations or provides an option not subject to service area
limitations.
b. The health benefit plan has service area limitations and
the dependent lives within thirty miles or thirty minutes of a
network primary care provider.
2. “Basic coverage” means health care coverage that at a
minimum provides coverage for emergency care, inpatient and
outpatient hospital care, physician services whether provided
within or outside a hospital setting, and laboratory and x-ray
services.
3. “Cash medical support” means a monetary amount that
a parent is ordered to pay to the obligee in lieu of that
parent providing health care coverage, which amount is five
percent of the gross income of the parent ordered to pay the
monetary amount or, if the child support guidelines established
pursuant to section 598.21B specifically provide an alternative
income-based numeric standard for determining the amount,
the amount determined by the standard specified by the child
support guidelines. “Cash medical support” is an obligation
separate from any monetary amount a parent is ordered to pay
for uncovered medical expenses pursuant to the guidelines
established pursuant to section 598.21B.
4. “Child” means a person for whom child or medical support
may be ordered pursuant to chapter 234, 239B, 252A, 252C, 252F,
252H, 252K, 598, 600B, or any other chapter of the Code or
pursuant to a comparable statute of another state or foreign
country.
5. “Child support services” means child support services
created in section 252B.1.
5. 6. “Department” means the department of health and
human services, which includes but is not limited to the child
-634-support recovery unit services, or any comparable support
enforcement agency of another state.
6. 7. “Dependent” means a child, or an obligee for whom
a court may order health care coverage pursuant to section
252E.3.
7. 8. “Enroll” means to be eligible for and covered by a
health benefit plan.
8. 9. “Health benefit plan” means any policy or contract
of insurance, indemnity, subscription, or membership issued
by an insurer, health service corporation, health maintenance
organization, or any similar corporation or organization, any
public coverage, or any self-insured employee benefit plan,
for the purpose of covering medical expenses. These expenses
may include but are not limited to hospital, surgical, major
medical insurance, dental, optical, prescription drugs, office
visits, or any combination of these or any other comparable
health care expenses.
9. 10. “Health care coverage” or “coverage” means providing
and paying for the medical needs of a dependent through a
health benefit plan.
10. 11. “Insurer” means any entity, including a health
service corporation, health maintenance organization, or any
similar corporation or organization, or an employer offering
self-insurance, that provides a health benefit plan, but does
not include an entity that provides public coverage.
11. 12. “Medical support” means either the provision of
health care coverage or the payment of cash medical support.
“Medical support” is not alimony.
12. 13. “National medical support notice” means a notice
as prescribed under 42 U.S.C. §666(a)(19) or a substantially
similar notice, that is issued and forwarded by the department
in accordance with section 252E.4 to enforce the health care
coverage provisions of a support order. The national medical
support notice is not applicable to a provider of public
coverage.
-635- 13. 14. “Obligee” means a parent or another natural person
legally entitled to receive a support payment on behalf of a
child.
14. 15. “Obligor” means a parent or another natural person
legally responsible for the support of a dependent.
15. 16. “Order” means a support order entered pursuant to
chapter 234, 252A, 252C, 252F, 252H, 252K, 598, 600B, or any
other support chapter, or pursuant to a comparable statute of
another state or foreign country, or an ex parte order entered
pursuant to section 252E.4. “Order” also includes a notice of
such an order issued by the department.
16. 17. “Plan administrator” means the employer or sponsor
that offers the health benefit plan or the person to whom the
duty of plan administrator is delegated by the employer or
sponsor offering the health benefit plan, by written agreement
of the parties. “Plan administrator” does not include a
provider of public coverage.
17. 18. “Primary care provider” means a physician who
provides primary care who is a family or general practitioner,
a pediatrician, an internist, an obstetrician, or a
gynecologist; an advanced registered nurse practitioner; or a
physician assistant.
18. 19. “Public coverage” means health care benefits
provided by any form of federal or state medical assistance,
including but not limited to benefits provided under chapter
249A or 514I, or under comparable laws of another state,
foreign country, or Indian nation or tribe.
19. “Unit” or “child support recovery unit” means unit as
defined in section 252B.1.
Sec. 896. Section 252E.1A, subsection 1, Code 2023, is
amended to read as follows:
1. This section shall apply to all initial or modified
orders for support entered under chapter 234, 252A, 252C, 252F,
252H, 598, 600B, or any other applicable chapter. If an action
to establish or modify an order for support is initiated by the
-636- child support recovery unit services, section 252E.1B shall
also apply.
Sec. 897. Section 252E.1B, Code 2023, is amended to read as
follows:
252E.1B Establishing and modifying orders for medical support
— actions initiated by child support recovery unit services.
1. If the child support recovery unit services is initiating
an action to establish or modify support, this section shall
apply in addition to the provisions of section 252E.1A.
2. The unit Child support services shall apply the following
order of priority when the unit child support services enters
or seeks an order for medical support:
a. If the custodial parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and the plan is available as described in section
252E.1A, subsection 3, the unit child support services shall
enter or seek an order for the custodial parent to provide
coverage.
b. If the noncustodial parent is currently providing
coverage for the child under a health benefit plan other than
public coverage, and the plan is available as described in
section 252E.1A, subsection 3, the unit child support services
shall enter or seek an order for the noncustodial parent to
provide coverage.
c. If a health benefit plan other than public coverage is
available as described in section 252E.1A, subsection 3, to the
custodial parent, the unit child support services shall enter
or seek an order for the custodial parent to provide coverage.
d. If a health benefit plan other than public coverage is
available as described in section 252E.1A, subsection 3, to
the noncustodial parent, the unit child support services shall
enter or seek an order for the noncustodial parent to provide
coverage.
e. If a health benefit plan other than public coverage
is not available to either parent, and the custodial parent
-637-has public coverage for the child, the unit child support
services shall enter or seek an order for the custodial parent
to provide health care coverage and shall enter or seek an
order for the noncustodial parent to pay cash medical support.
However, if any of the circumstances described in section
252E.1A, subsection 4, paragraph “a”, “b”, or “c” is met, the
unit child support services shall enter or seek an order as
specified by the applicable paragraph.
3. Notwithstanding subsection 2, if there is an order for
joint physical care for the child and the parties subject to
the support order, the unit child support services shall apply
the following order of priority when the unit child support
services enters or seeks an order for medical support:
a. If only one parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and the plan is available as described in section
252E.1A, subsection 3, the unit child support services shall
enter or seek an order for that parent to provide coverage.
b. If both parents are currently providing coverage for the
child under a health benefit plan other than public coverage,
and both plans are available as described in section 252E.1A,
subsection 3, the unit child support services shall enter or
seek an order for both parents to provide coverage.
c. If neither parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and a health benefit plan other than public coverage
is available as described in section 252E.1A, subsection 3, to
one parent, the unit child support services shall enter or seek
an order for that parent to provide coverage.
d. If neither parent is currently providing coverage
for the child under a health benefit plan other than public
coverage, and a health benefit plan other than public coverage
is available as described in section 252E.1A, subsection 3, to
both parents, the unit child support services shall enter or
seek an order for both parents to provide coverage.
-638- e. If a health benefit plan other than public coverage
is not available to either parent and one parent has public
coverage for the child, the unit child support services shall
enter or seek an order for that parent to provide health care
coverage.
4. The child Child support recovery unit services or the
court shall not order any modification to an existing medical
support order in a proceeding conducted solely pursuant to
chapter 252H, subchapter IV.
Sec. 898. Section 252E.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The name and the last known mailing address of the
participant and the name and mailing address of each child
covered by the order except that, to the extent provided in
the order, the name and mailing address of an official of the
department may be substituted for the mailing address of the
child.
Sec. 899. Section 252E.2A, Code 2023, is amended to read as
follows:
252E.2A Satisfaction of medical support order.
This section shall apply if the child support recovery unit
services is providing services under chapter 252B.
1. Notwithstanding any law to the contrary and without
a court order, a medical support order for a child shall be
deemed satisfied with regard to the department, the child, the
obligor, and the obligee for the period during which all of the
following conditions are met:
a. The order is issued under any applicable chapter of the
Code.
b. The unit Child support services is notified that the
conditions of paragraph “c” are met and the parent ordered to
provide medical support submits a written statement to the unit
child support services that the requirements of paragraph “c”
are met.
c. The parent ordered to provide medical support meets at
-639-least one of the following conditions:
(1) The parent is an inmate of an institution under the
control of the department of corrections or a comparable
institution in another state.
(2) The parent’s monthly child support obligation under
the guidelines established pursuant to section 598.21B is the
minimum obligation amount.
(3) The parent is a recipient of assistance under chapter
239B or 249A, or under comparable laws of another state.
(4) The parent is residing with any child for whom the
parent is legally responsible and that child is a recipient
of assistance under chapter 239B, 249A, or 514I, or under
comparable laws of another state. For purposes of this
subparagraph, “legally responsible” means the parent has a legal
obligation to the child as specified in Iowa court rule 9.7 of
the child support guidelines.
d. The unit Child support services files a notice of
satisfaction with the clerk of the district court. The
effective date of the satisfaction shall be stated in the
notice and the effective date shall be no later than forty-five
days after the unit child support services issues the notice of
satisfaction.
2. If a medical support order is satisfied under subsection
1, the satisfaction shall continue until all of the following
apply:
a. The unit Child support services is notified that none of
the conditions specified in subsection 1, paragraph “c”, still
applies.
b. The unit Child support services files a satisfaction
termination notice that the requirements for a satisfaction
under this section no longer apply. The effective date shall
be stated in the satisfaction termination notice and the
effective date shall be no later than forty-five days after the
unit child support services issues the satisfaction termination
notice.
-640- 3. The unit Child support services shall mail a copy of the
notice of satisfaction and the satisfaction termination notice
to the last known address of the obligor and obligee.
4. The department of human services may match data for
enrollees of the hawk-i Hawki program created pursuant to
chapter 514I with data of the unit child support services to
assist the unit child support services in implementing this
section.
5. An order, decree, or judgment entered or pending on or
before July 1, 2009, that provides for the support of a child
may be satisfied as provided in this section.
Sec. 900. Section 252E.4, subsection 1, Code 2023, is
amended to read as follows:
1. When a support order requires an obligor to provide
coverage under a health benefit plan other than public
coverage, the district court or the department may enter an
ex parte order directing an employer to take all actions
necessary to enroll an obligor’s dependent for coverage under
a health benefit plan or may include the provisions in an ex
parte income withholding order or notice of income withholding
pursuant to chapter 252D. The child Child support recovery
unit services, where appropriate, shall issue a national
medical support notice to an employer within two business days
after the date information regarding a newly hired employee is
entered into the centralized employee registry and matched with
a noncustodial parent in the case being enforced by the unit
child support services, or upon receipt of other employment
information for such parent. The department may amend the
information in the ex parte order or may amend or terminate
the national medical support notice regarding health insurance
provisions if necessary to comply with health insurance
requirements including but not limited to the provisions of
section 252E.2, subsection 2, or to correct a mistake of fact.
Sec. 901. Section 252E.5, subsection 8, paragraph g,
subparagraph (3), Code 2023, is amended to read as follows:
-641- (3) If the obligor is not enrolled in a health benefit
plan or is not enrolled in a health benefit plan that offers
dependent coverage, if more than one plan with dependent
coverage is offered by the employer, and if the notice is
issued by the child support recovery unit services, all of the
following shall apply:
(a) If only one of the plans is accessible to the dependent,
that plan shall be selected. If none of the plans with
dependent coverage is accessible to the dependent, the unit
child support services shall amend or terminate the notice.
(b) If more than one of the plans is accessible to the
dependent, the plan selected shall be the plan that provides
basic coverage for which the employee’s share of the premium
is lowest.
(c) If more than one of the plans is accessible to the
dependent but none of the accessible plans provides basic
coverage, the plan selected shall be a plan that is accessible
and for which the employee’s share of the premium is lowest.
(d) If the employee’s share of the premiums is the same
under all plans described in subparagraph (b) or (c), the
unit child support services shall attempt to consult with the
obligee when selecting the plan. If the obligee does not
respond within ten days of the unit’s child support services’
attempt, the unit child support services shall select a plan
which shall be the plan’s default option, if any, or the plan
with the lowest deductibles and copayment requirements.
Sec. 902. Section 252E.5, subsection 8, paragraph h,
subparagraph (2), Code 2023, is amended to read as follows:
(2) If the dependent is or is to be enrolled, notify the
obligor, the obligee, and the child and furnish the obligee
with necessary information. Provide the child support recovery
unit services with the type of health benefit plan under which
the dependent has been enrolled, including whether dental,
optical, office visits, and prescription drugs are covered
services.
-642- Sec. 903. Section 252E.6A, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An obligor may move to quash the order to the employer
under section 252E.4 by following the same procedures and
alleging a mistake of a fact as provided in section 252D.31
or as provided in subsection 2. If the unit child support
services is enforcing an income withholding order and a medical
support order simultaneously, any challenge to the income
withholding order and medical support enforcement shall be
filed and heard simultaneously.
3. The employer shall comply with the requirements of this
chapter until the employer receives notice that a motion to
quash has been granted, or that the unit child support services
has amended or terminated the national medical support notice.
Sec. 904. Section 252F.1, Code 2023, is amended to read as
follows:
252F.1 Definitions.
As used in this chapter unless the context otherwise
requires:
1. “Administrator” means the administrator of the child
support recovery unit of the department of human services or
the administrator’s designee.
2. 1. “Child” means a person who is less than age eighteen
or a person who is age eighteen but less than age nineteen
and is engaged full-time in completing high school graduation
or equivalency requirements in a manner which is reasonably
expected to result in completion of the requirements prior to
the person reaching age nineteen.
2. “Child support services” means the same as child support
services created in section 252B.2.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
3. 5. “Mother” means a mother of the child for whom
-643-paternity is being established.
4. 6. “Party” means a putative father or a mother, as named
in an action.
5. 7. “Paternity is at issue” means any of the following
conditions:
a. A child was not born or conceived within marriage.
b. A child was born or conceived within marriage but a court
has declared that the child is not the issue of the marriage.
6. 8. “Paternity test” means and includes any form of
blood, tissue, or genetic testing administered to determine the
biological father of a child.
7. 9. “Putative father” means a person alleged to be the
biological father of a child.
8. “Unit” means the child support recovery unit created in
section 252B.2.
Sec. 905. Section 252F.2, Code 2023, is amended to read as
follows:
252F.2 Jurisdiction.
1. In any case in which the unit child support services
is providing services pursuant to chapter 252B and paternity
is at issue, proceedings may be initiated by the unit child
support services pursuant to this chapter for the sole purpose
of establishing paternity and any accrued or accruing child
support or medical support obligations. Proceedings under
this chapter are in addition to other means of establishing
paternity or support. Issues in addition to establishment of
paternity or support obligations shall not be addressed in
proceedings initiated under this chapter.
2. An action to establish paternity and support under this
chapter may be brought within the time limitations set forth
in section 614.8.
Sec. 906. Section 252F.3, Code 2023, is amended to read as
follows:
252F.3 Notice of alleged paternity and support debt —
conference — request for hearing.
-644- 1. The unit Child support services may prepare a notice
of alleged paternity and support debt to be served on a
party if the mother of the child or a government official
with knowledge of the circumstances of possible paternity
relying on government records provides a written statement
to the department of human services certifying in accordance
with section 622.1 that the putative father is or may be the
biological father of the child or children involved. The
notice shall be accompanied by a copy of the statement and
served on the putative father in accordance with rule of civil
procedure 1.305. Service upon the mother shall not constitute
valid service upon the putative father. The notice shall
include or be accompanied by all of the following:
a. The name of the recipient of services under chapter 252B
and the name and birth date of the child or children involved.
b. A statement that the putative father has been named as
the biological father of the child or children named.
c. A statement that if paternity is established, the
amount of the putative father’s monthly support obligation
and the amount of the support debt accrued and accruing will
be established in accordance with the guidelines established
in section 598.21B, and the criteria established pursuant to
section 252B.7A.
d. A statement that if paternity is established, a party has
a duty to provide accrued and accruing medical support to the
child or children in accordance with chapter 252E.
e. A written explanation of the procedures for determining
the child support obligation and a request for financial or
income information as necessary for application of the child
support guidelines established pursuant to section 598.21B.
f. (1) The right of a party to request a conference
with the unit child support services to discuss paternity
establishment and the amount of support that a party may be
required to provide, within ten days of the date of service of
the original notice or, if paternity is contested and paternity
-645-testing is conducted, within ten days of the date the paternity
test results are issued or mailed to a party by the unit child
support services.
(2) A statement that if a conference is requested, a party
shall have one of the following time frames, whichever is the
latest, to send a written request for a court hearing on the
issue of support to the unit child support services:
(a) Ten days from the date set for the conference.
(b) Twenty days from the date of service of the original
notice.
(c) If paternity was contested and paternity testing
was conducted, and a party does not deny paternity after the
testing or challenge the paternity test results, twenty days
from the date paternity test results are issued or mailed by
the unit child support services to the party.
(3) A statement that after the holding of the conference,
the unit child support services shall issue a new notice of
alleged paternity and finding of financial responsibility for
child support or medical support, or both, to be provided in
person to each party or sent to each party by regular mail
addressed to the party’s last known address or, if applicable,
to the last known address of the party’s attorney.
(4) A statement that if the unit child support services
issues a new notice of alleged paternity and finding of
financial responsibility for child support or medical support,
or both, a party shall have one of the following time frames,
whichever is the latest, to send a written request for a court
hearing on the issue of support to the unit child support
services:
(a) Ten days from the date of issuance of the new notice.
(b) Twenty days from the date of service of the original
notice.
(c) If paternity was contested and paternity testing
conducted, and a party does not deny paternity after the
testing or challenge the paternity test results, twenty days
-646-from the date the paternity test results are issued or mailed
to the party by the unit child support services.
g. A statement that if a conference is not requested, and
a party does not deny paternity or challenge the results of
any paternity testing conducted but objects to the finding
of financial responsibility or the amount of child support
or medical support, or both, the party shall send a written
request for a court hearing on the issue of support to the
unit child support services within twenty days of the date of
service of the original notice, or, if paternity was contested
and paternity testing conducted, and a party does not deny
paternity after the testing or challenge the paternity test
results, within twenty days from the date the paternity test
results are issued or mailed to the party by the unit child
support services, whichever is later.
h. A statement that if a timely written request for a
hearing on the issue of support is received by the unit
child support services, the party shall have the right to a
hearing to be held in district court and that if no timely
written request is received and paternity is not contested,
the administrator department shall enter an order establishing
the putative father as the father of the child or children and
establishing child support or medical support, or both, in
accordance with the notice of alleged paternity and support
debt.
i. A written explanation of the rights and responsibilities
associated with the establishment of paternity.
j. A written explanation of a party’s right to deny
paternity, the procedures for denying paternity, and the
consequences of the denial.
k. A statement that if a party contests paternity, the party
shall have twenty days from the date of service of the original
notice to submit a written denial of paternity to the unit
child support services.
l. A statement that if paternity is contested, the unit
-647- child support services shall, at the request of the party
contesting paternity or on its own initiative, enter an
administrative order requiring the putative father, mother, and
child or children involved, to submit to paternity testing.
m. A statement that if paternity tests are conducted, the
unit child support services shall provide a copy of the test
results to each party in person or send a copy to each party
by regular mail, addressed to the party’s last known address,
or, if applicable, to the last known address of the party’s
attorney.
n. A statement setting forth the time frames for contesting
paternity after paternity tests are conducted.
o. Other information as the unit child support services
finds appropriate.
2. The time limitations established for the notice
provisions under subsection 1 are binding unless otherwise
specified in this chapter or waived pursuant to section 252F.8.
3. a. If notice is served on a party, the unit child
support services shall file a true copy of the notice and the
original return of service with the appropriate clerk of the
district court as follows:
(1) In the county in which the child or children reside if
the action is for purposes of establishing paternity and future
child or medical support, or both.
(2) In the county in which the child or children involved
last received public assistance benefits in the state, if
the action is for purposes of establishing paternity and
child or medical support, or both, only for prior periods of
time when the child or children received public assistance,
and no ongoing child or medical support obligation is to be
established by this action.
(3) If the action is the result of a request from another
state or foreign country to establish paternity of a putative
father located in Iowa, in the county in which the putative
father resides.
-648- b. All subsequent documents filed or court hearings held
related to the action shall be in the district court in the
county in which notice was filed pursuant to this subsection.
The clerk shall file and docket the action.
4. A party or the child support recovery unit services may
request a court hearing regarding establishment of paternity or
a determination of support, or both.
a. Upon receipt of a timely written response requesting
a hearing or on its own initiative, the unit child support
services shall certify the matter for hearing in the district
court in the county where the original notice of alleged
paternity and support debt is filed, in accordance with section
252F.5.
b. If paternity establishment was contested and paternity
tests conducted, a court hearing on the issue of paternity
shall be held no earlier than thirty days from the date
paternity test results are issued to all parties by the unit
child support services, unless the parties mutually agree to
waive the time frame pursuant to section 252F.8.
c. Any objection to the results of paternity tests shall be
filed no later than twenty days after the date paternity test
results are issued or mailed to each party by the unit child
support services. Any objection to paternity test results
filed by a party more than twenty days after the date paternity
tests are issued or mailed to the party by the unit child
support services shall not be accepted or considered by the
court.
5. If a timely written response and request for a court
hearing is not received by the unit child support services and
a party does not deny paternity, the administrator department
shall enter an order in accordance with section 252F.4.
6. a. If a party contests the establishment of paternity,
the party shall submit, within twenty days of service of the
notice on the party under subsection 1, a written statement
contesting paternity establishment to the unit child support
-649-services. Upon receipt of a written challenge of paternity
establishment, or upon initiation by the unit child support
services, the administrator department shall enter ex parte
administrative orders requiring the mother, child or children
involved, and the putative father to submit to paternity
testing, except that if the mother and child or children
previously submitted blood or genetic specimens in a prior
action to establish paternity against a different putative
father, the previously submitted specimens and prior results,
if available, may be utilized for testing in this action.
Either the mother or putative father may contest paternity
under this chapter.
b. The orders shall be filed with the clerk of the district
court in the county where the notice was filed and have the
same force and effect as a court order for paternity testing.
c. The unit Child support services shall issue copies of the
respective administrative orders for paternity testing to the
mother and putative father in person, or by regular mail to the
last known address of each, or if applicable, to the last known
address of the attorney for each.
d. If a paternity test is ordered under this section,
the administrator department shall direct that inherited
characteristics be analyzed and interpreted, and shall appoint
an expert qualified as an examiner of genetic markers to
analyze and interpret the results. The test shall be of a type
generally acknowledged as reliable by accreditation entities
designated by the secretary of the United States department
of health and human services and shall be performed by a
laboratory approved by an accreditation entity.
e. The party contesting paternity shall be provided one
opportunity to reschedule the paternity testing appointment if
the testing is rescheduled prior to the date of the originally
scheduled appointment.
f. An original copy of the test results shall be filed with
the clerk of the district court in the county where the notice
-650-was filed. The child Child support recovery unit services
shall issue a copy of the filed test results to each party in
person, or by regular mail to the last known address of each,
or if applicable, to the last known address of the attorney
for each. However, if the action is the result of a request
from another state or foreign country, the unit child support
services shall issue a copy of the results to the initiating
agency in that jurisdiction.
g. Verified documentation of the chain of custody of the
blood or genetic specimens is competent evidence to establish
the chain of custody. The testimony of the appointed expert is
not required. A verified expert’s report of test results which
indicate a statistical probability of paternity is sufficient
authenticity of the expert’s conclusion.
h. A verified expert’s report shall be admitted as evidence
to establish administrative paternity, and, if a court hearing
is scheduled to resolve the issue of paternity, shall be
admitted as evidence and is admissible at trial.
i. If the verified expert concludes that the test results
show that the putative father is not excluded and that the
probability of the putative father’s paternity is ninety-five
percent or higher, there shall be a rebuttable presumption that
the putative father is the biological father, and the evidence
shall be sufficient as a basis for administrative establishment
of paternity.
(1) In order to challenge the presumption of paternity, a
party shall file a written notice of the challenge with the
district court within twenty days from the date the paternity
test results are issued or mailed to all parties by the unit
child support services. Any challenge to a presumption of
paternity resulting from paternity tests, or to paternity test
results filed after the lapse of the twenty-day time frame
shall not be accepted or admissible by the unit child support
services or the court.
(2) A copy of the notice challenging the presumption of
-651-paternity shall be provided to any other party in person, or
by mailing the notice to the last known address of each party,
or if applicable, to the last known address of each party’s
attorney.
(3) The party challenging the presumption of paternity
has the burden of proving that the putative father is not the
father of the child.
(4) The presumption of paternity may be rebutted only by
clear and convincing evidence.
j. If the verified expert concludes that the test results
indicate that the putative father is not excluded and that
the probability of the putative father’s paternity is less
than ninety-five percent, the administrator department shall
order a subsequent administrative paternity test or certify the
case to the district court for resolution in accordance with
the procedures and time frames specified in paragraph “i” and
section 252F.5.
k. If the results of the test or the verified expert’s
analysis are timely challenged as provided in this subsection,
the administrator department, upon the request of a party
and advance payment by the contestant or upon the unit’s own
initiative of child support services, shall order that an
additional test be performed by the same laboratory or an
independent laboratory. If the party requesting additional
testing does not advance payment, the administrator department
shall certify the case to the district court in accordance with
paragraph “i” and section 252F.5.
l. When a subsequent paternity test is conducted, the time
frames in this chapter associated with paternity tests shall
apply to the most recently completed test.
m. If the paternity test results exclude the putative father
as a potential biological father of the child or children,
and additional tests are not requested by either party or
conducted on the unit’s initiative of child support services,
or if additional tests exclude the putative father as a
-652-potential biological father, the unit child support services
shall withdraw its action against the putative father and
shall file a notice of the withdrawal with the clerk of the
district court, and shall provide a copy of the notice to each
party in person, or by regular mail sent to each party’s last
known address, or if applicable, the last known address of the
party’s attorney.
n. Except as provided in paragraph “k”, the unit child
support services shall advance the costs of genetic testing.
If paternity is established and paternity testing was
conducted, the unit child support services shall enter an order
or, if the action proceeded to a court hearing, request that
the court enter a judgment for the costs of the paternity tests
consistent with applicable federal law. In a proceeding under
this chapter, a copy of a bill for genetic testing shall be
admitted as evidence without requiring third-party foundation
testimony and shall constitute prima facie evidence of the
amount incurred for genetic testing.
Sec. 907. Section 252F.4, Code 2023, is amended to read as
follows:
252F.4 Entry of order.
1. If each party fails to respond to the initial notice
within twenty days after the date of service of the notice or
fails to appear at a conference pursuant to section 252F.3 on
the scheduled date of the conference, and paternity has not
been contested and each party fails to timely request a court
hearing on the issue of support, the administrator department
shall enter an order against the parties, declaring the
putative father to be the legal father of the child or children
involved and assessing any accrued and accruing child support
obligation pursuant to the guidelines established under section
598.21B, and medical support pursuant to chapter 252E.
2. If paternity is contested pursuant to section 252F.3,
subsection 6, and the party contesting paternity fails to
appear for a paternity test and fails to request a rescheduling
-653-pursuant to section 252F.3, or fails to appear for both the
initial and the rescheduled paternity tests and each party
fails to timely request a court hearing on the issue of
support, the administrator department shall enter an order
against the parties declaring the putative father to be the
legal father of the child or children involved and assessing
any accrued and accruing child support obligation pursuant to
the guidelines established under section 598.21B, and medical
support pursuant to chapter 252E.
3. If a conference pursuant to section 252F.3 is held,
and paternity is not contested, and each party fails to
timely request a court hearing on the issue of support, the
administrator department shall enter an order against the
parties after the second notice has been sent declaring the
putative father to be the legal father of the child or children
involved and assessing any accrued and accruing child support
obligation pursuant to the guidelines established under section
598.21B, and medical support pursuant to chapter 252E.
4. If paternity was contested and paternity testing was
performed and the putative father was not excluded, if the
test results indicate that the probability of the putative
father’s paternity is ninety-five percent or greater, if the
test results are not timely challenged, and if each party fails
to timely request a court hearing on the issue of support,
the administrator department shall enter an order against the
parties declaring the putative father to be the legal father of
the child or children involved and assessing any accrued and
accruing child support obligation pursuant to the guidelines
established under section 598.21B, and medical support pursuant
to chapter 252E.
5. The administrator department shall establish a support
obligation under this section based upon the best information
available to the unit child support services and pursuant to
section 252B.7A.
6. The order shall contain all of the following:
-654- a. A declaration of paternity.
b. The amount of monthly support to be paid, with direction
as to the manner of payment.
c. The amount of accrued support.
d. The name of the custodial parent or caretaker.
e. The name and birth date of the child or children to whom
the order applies.
f. A statement that property of a party ordered to provide
support is subject to income withholding, liens, garnishment,
tax offset, and other collection actions.
g. The medical support required pursuant to chapter 598 and
chapter 252E.
h. A statement that a party who is ordered to provide
support is required to inform the child support recovery unit
services, on a continuing basis, of the name and address of
the party’s current employer, whether the party has access to
health insurance coverage as required in the order, and if so,
the health insurance policy information.
i. If paternity was contested by the putative father, the
amount of any judgment assessed to the father for costs of
paternity tests conducted pursuant to this chapter.
j. Statements as required pursuant to section 598.22B.
7. If paternity is not contested but a party does wish
to challenge the issues of child or medical support, the
administrator department shall enter an order establishing
paternity and reserving the issues of child or medical support
for determination by the district court.
Sec. 908. Section 252F.5, Code 2023, is amended to read as
follows:
252F.5 Certification to district court.
1. Actions initiated under this chapter are not subject
to contested case proceedings or further review pursuant to
chapter 17A.
2. An action under this chapter may be certified to
the district court if a party timely contests paternity
-655-establishment or paternity test results, or if a party requests
a court hearing on the issues of child or medical support, or
both, or upon the initiation of the unit child support services
as provided in this chapter. Review by the district court
shall be an original hearing before the court.
3. In any action brought under this chapter, the action
shall not be certified to the district court in a contested
paternity action unless all of the following have occurred:
a. Paternity testing has been completed.
b. The results of the paternity test have been issued to all
parties.
c. A timely written objection to paternity establishment
or paternity test results has been received from a party, or
a timely written request for a court hearing on the issue
of support has been received from a party by the unit child
support services, or the unit child support services has
requested a court hearing on the unit’s child support services’
own initiative.
4. A matter shall be certified to the district court in
the county in which the notice was filed pursuant to section
252F.3, subsection 3.
5. The court shall set the matter for hearing and notify the
parties of the time of and place for hearing.
6. If the court determines that the putative father is
the legal father, the court shall establish the amount of the
accrued and accruing child support pursuant to the guidelines
established under section 598.21B, and shall establish medical
support pursuant to chapter 252E.
7. If the putative father or another party contesting
paternity fails to appear at the hearing, upon a showing
that proper notice has been provided to the party, the court
shall find the party in default and enter an appropriate order
establishing paternity and support.
Sec. 909. Section 252F.6, Code 2023, is amended to read as
follows:
-656- 252F.6 Filing with the district court.
Following issuance of an order by the administrator
department, the order shall be presented to an appropriate
district court judge for review and approval. Unless a defect
appears on the face of the order, the district court shall
approve the order. Upon approval by the district court judge,
the order shall be filed in the district court in the county
in which the notice was filed pursuant to section 252F.3,
subsection 3. Upon filing, the order has the same force and
effect as a district court order.
Sec. 910. Section 252F.7, Code 2023, is amended to read as
follows:
252F.7 Report to state registrar of vital records statistics.
Upon the filing of an order with the district court pursuant
to this chapter, the clerk of the district court shall report
the information from the order to the bureau of state registrar
of vital records statistics in the manner provided in section
600B.36.
Sec. 911. Section 252F.8, Code 2023, is amended to read as
follows:
252F.8 Waiver of time limitations.
1. A putative father or other party may waive the time
limitations established in this chapter.
2. If a party does not contest paternity or wish to request
a conference or court hearing on the issue of support, upon
receipt of a signed statement from the putative father and
any other party that may contest establishment of paternity,
waiving the time limitations, the administrator department
shall enter an order establishing paternity and support and the
court may approve the order, notwithstanding the expiration of
the period of the time limitations if paternity is established.
3. If a putative father or other party waives the time
limitations and an order establishing paternity or determining
support, or both, is entered under this chapter, the signed
statement of the putative father and other party waiving the
-657-time limitations shall be filed with the order.
Sec. 912. Section 252G.1, Code 2023, is amended to read as
follows:
252G.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Business day” means a day on which state offices are
open for regular business.
2. “Child support services” means child support services
created in section 252B.2.
2. 3. “Compensation” means payment owed by the payor of
income for:
a. Labor or services rendered by an employee or contractor
to the payor of income.
b. Benefits including, but not limited to, vacation,
holiday, and sick leave, and severance payments which are due
an employee under an agreement with the employer or under a
policy of the employer.
3. 4. “Contractor” means a natural person who is eighteen
years of age or older, who performs labor in this state to
whom a payor of income makes payments which are not subject to
withholding and for whom the payor of income is required by the
internal revenue service to complete a 1099-MISC form.
4. 5. “Date of hire” means either of the following:
a. The first day for which an employee is owed compensation
by the payor of income.
b. The first day that a contractor performs labor or
services for the payor of income.
5. 6. “Days” means calendar days.
6. 7. “Department” means the department of health and human
services.
7. 8. “Dependent” includes a spouse or child or any other
person who is in need of and entitled to support from a person
who is declared to be legally liable for the support of that
dependent.
-658- 8. 9. “Employee” means a natural person who performs labor
in this state and is employed by an employer in this state for
compensation and for whom the employer withholds federal or
state tax liabilities from the employee’s compensation.
9. 10. “Employer” means a person doing business in this
state who engages an employee for compensation and for whom the
employer withholds federal or state tax liabilities from the
employee’s compensation. “Employer” includes any governmental
entity and any labor organization.
10. 11. “Labor organization” means any organization of
any kind, or any agency, or employee representation committee
or plan, in which employees participate and which exists for
the purpose, in whole or in part, of dealing with employers
concerning grievances, labor disputes, wages, rates of pay,
hours of employment, or conditions of work.
11. 12. “Natural person” means an individual and not a
corporation, government, business trust, estate, partnership,
proprietorship, or other legal entity, however organized.
12. 13. “Payor of income” includes both an employer and a
person engaged in a trade or business in this state who engages
a contractor for compensation.
13. 14. “Registry” means the central employee registry
created in section 252G.2.
14. 15. “Rehire” means the first day for which an employee
is owed compensation by the payor of income following a
termination of employment lasting a minimum of six consecutive
weeks. Termination of employment does not include temporary
separations from employment such as unpaid medical leave, an
unpaid leave of absence, or a temporary layoff.
15. “Unit” means the child support recovery unit created in
section 252B.2.
Sec. 913. Section 252G.2, Code 2023, is amended to read as
follows:
252G.2 Establishment of central employee registry.
By January 1, 1994, the unit Child support services shall
-659-establish a centralized employee registry database for the
purpose of receiving and maintaining information on newly hired
or rehired employees from employers. The unit Child support
services shall establish the database and the department may
adopt rules in conjunction with the department of revenue and
the department of workforce development to identify appropriate
uses of the registry and to implement this chapter, including
implementation through the entering of agreements pursuant to
chapter 28E.
Sec. 914. Section 252G.3, subsection 3, paragraphs b and d,
Code 2023, are amended to read as follows:
b. By submitting electronic media in a format approved by
the unit child support services in advance.
d. By any other means authorized by the unit child support
services in advance if the means will result in timely
reporting.
Sec. 915. Section 252G.4, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Beginning January 1, 1994, a A payor of income to whom
section 252G.3 is inapplicable, who enters into an agreement
for the performance of services with a contractor, shall report
the contractor to the registry. Payors of income shall report
contractors performing labor under an agreement within fifteen
days of the date on which all of the following conditions are
met:
Sec. 916. Section 252G.4, subsection 3, Code 2023, is
amended to read as follows:
3. A payor of income required to report under this section
may report the information required under subsection 1 by any
written means authorized by the unit child support services
which results in timely reporting.
Sec. 917. Section 252G.5, subsection 1, Code 2023, is
amended to read as follows:
1. The unit Child support services for program
-660- administration of the child support enforcement program,
including but not limited to activities related to
establishment and enforcement of child and medical support
obligations through administrative or judicial processes, and
other services authorized pursuant to chapter 252B.
Sec. 918. Section 252G.7, Code 2023, is amended to read as
follows:
252G.7 Data entry and transmitting centralized employee
registry records to the national new hire registry.
The unit Child support services shall enter new hire data
into the centralized employee directory database within five
business days of receipt from employers and shall transmit the
records of the centralized employee registry to the national
directory of new hires within three business days after the
date information regarding a newly hired employee is entered
into the centralized employee registry.
Sec. 919. Section 252G.8, Code 2023, is amended to read as
follows:
252G.8 Income withholding requirements.
Within two business days after the date information
regarding a newly hired employee is entered into the
centralized employee registry and matched with obligors in
cases being enforced by the unit child support services, the
unit child support services shall transmit a notice to the
employer or payor of income of the employee directing the
employer or payor of income to withhold from the income of the
employee in accordance with chapter 252D.
Sec. 920. Section 252H.1, Code 2023, is amended to read as
follows:
252H.1 Purpose and intent.
This chapter is intended to provide a means for state
compliance with Tit.IV-D of the federal Social Security
Act, as amended, requiring states to provide procedures for
the review and adjustment of support orders being enforced
under Tit.IV-D of the federal Social Security Act, and also
-661-to provide an expedited modification process when review
and adjustment procedures are not required, appropriate, or
applicable. Actions under this chapter shall be initiated only
by the child support recovery unit services.
Sec. 921. Section 252H.2, Code 2023, is amended to read as
follows:
252H.2 Definitions.
1. As used in this chapter, unless the context otherwise
requires, “administrator”, “caretaker”, “court order”,
“department”, “dependent child”, “medical support”, and
“responsible person” mean the same as defined in section 252C.1.
2. As used in this chapter, unless the context otherwise
requires:
a. “Act” means the federal Social Security Act.
b. “Adjustment” applies only to the child support provisions
of a support order and means either of the following:
(1) A change in the amount of child support based upon
an application of the child support guidelines established
pursuant to section 598.21B.
(2) An addition of or change to provisions for medical
support as provided in chapter 252E.
c. “Child” means a child as defined in section 252B.1.
d. “Child support agency” means any state, county, or local
office or entity of another state that has the responsibility
for providing child support enforcement services under Tit.
IV-D of the Act.
e. “Child support recovery unit” or “unit” “Child support
services” means the child support recovery unit services created
pursuant to in section 252B.2.
f. “Cost-of-living alteration” means a change in an existing
child support order which equals an amount which is the
amount of the support obligation following application of the
percentage change of the consumer price index for all urban
consumers, United States city average, as published in the
federal register by the federal department of labor, bureau of
-662-labor statistics.
g. “Determination of controlling order” means the process
of identifying a child support order which must be recognized
pursuant to section 252K.207 and 28 U.S.C. §1738B, when
more than one state has issued a support order for the same
child and the same obligor, and may include a reconciliation
of arrearages with information related to the calculation.
Registration of an order of another state or foreign country is
not necessary for a court or the unit child support services to
make a determination of controlling order.
h. “Modification” means either of the following:
(1) A change, correction, or termination of an existing
support order.
(2) The establishment of a child or medical support
obligation in a previously established order entered
pursuant to chapter 234, 252A, 252C, 598, 600B, or any other
support proceeding, in which such support was not previously
established, or in which support was previously established
and subsequently terminated prior to the emancipation of the
children affected.
i. “Parent” means, for the purposes of requesting a review
of a support order and for being entitled to notice under this
chapter:
(1) The individual ordered to pay support pursuant to the
order.
(2) An individual or entity entitled to receive current or
future support payments pursuant to the order, or pursuant to a
current assignment of support including but not limited to an
agency of this or any other state that is currently providing
public assistance benefits to the child for whom support is
ordered and any child support agency. Service of notice of
an action initiated under this chapter on an agency is not
required, but the agency may be advised of the action by other
means.
j. “Public assistance” means benefits received in this state
-663-or any other state, under Tit.IV-A (temporary assistance to
needy families), IV-E (foster care), or XIX (Medicaid) of the
Act.
k. “Review” means an objective evaluation conducted through
a proceeding before a court, administrative body, or an agency,
of information necessary for the application of a state’s
mandatory child support guidelines to determine:
(1) The appropriate monetary amount of support.
(2) Provisions for medical support.
l. “State” means “state” as defined in chapter 252K.
m. “Support order” means an order for support issued
pursuant to this chapter, chapter 232, 234, 252A, 252C, 252E,
252F, 598, 600B, or any other applicable chapter, or under
a comparable statute of another state or foreign country as
registered with the clerk of court or certified to the child
support recovery unit services.
Sec. 922. Section 252H.3, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Nonsupport issues shall not be considered by the unit
child support services or the court in any action resulting
under this chapter.
3. Actions initiated by the unit child support services
under this chapter shall not be subject to contested case
proceedings or further review pursuant to chapter 17A and
resulting court hearings following certification shall be an
original hearing before the district court.
Sec. 923. Section 252H.4, Code 2023, is amended to read as
follows:
252H.4 Role of the child support recovery unit services.
1. The unit Child support services may administratively
adjust or modify or may provide for an administrative
cost-of-living alteration of a support order entered under
chapter 234, 252A, 252C, 598, or 600B, or any other support
chapter if the unit child support services is providing
enforcement services pursuant to chapter 252B.The unit
-664- Child support services is not required to intervene to
administratively adjust or modify or provide for an
administrative cost-of-living alteration of a support order
under this chapter.
2. The unit Child support services is a party to an action
initiated pursuant to this chapter.
3. The unit Child support services shall conduct a review
to determine whether an adjustment is appropriate or, upon
the request of a parent or upon the unit’s child support
services’ own initiative, determine whether a modification is
appropriate.
4. The unit Child support services shall adopt rules
pursuant to chapter 17A to establish the process for the review
of requests for adjustment, the criteria and procedures for
conducting a review and determining when an adjustment is
appropriate, the procedure and criteria for a cost-of-living
alteration, the criteria and procedure for a request for review
pursuant to section 252H.18A, and other rules necessary to
implement this chapter.
5. Legal representation of the unit child support services
shall be provided pursuant to section 252B.7, subsection 4.
Sec. 924. Section 252H.5, Code 2023, is amended to read as
follows:
252H.5 Fees and cost recovery for review — adjustment —
modification.
1. Unless the unit child support services is already
providing support enforcement service pursuant to chapter 252B,
a parent ordered to provide support, who requests a review of a
support order under subchapter II, shall file an application
for services pursuant to section 252B.4.
2. A parent requesting a service shall pay the fee
established for that service as established under this
subsection. The fees established are not applicable to a
parent who as a condition of eligibility for receiving public
assistance benefits has assigned the rights to child or medical
-665-support for the order to be reviewed. The following fees shall
be paid for the following services:
a. A fee for conducting the review, to be paid at the time
the request for review is submitted to the unit child support
services. If the request for review is denied for any reason,
the fee shall be refunded to the parent making the request.
Any request submitted without full payment of the fee shall be
denied.
b. A fee for a second review requested pursuant to section
252H.17, to be paid at the time the request for the second
review is submitted to the unit child support services. Any
request submitted without full payment of the fee shall be
denied.
c. A fee for activities performed by the unit child support
services in association with a court hearing requested pursuant
to section 252H.8.
d. A fee for activities performed by the unit child support
services in entering an administrative order to adjust support
when neither parent requests a court hearing pursuant to
section 252H.8. The fee shall be paid during the postreview
waiting period under section 252H.17. If the fee is not paid
in full during the postreview notice period, further action
shall not be taken by the unit child support services to adjust
the order unless the parent not requesting the adjustment
pays the fee in full during the postreview waiting period,
or unless the children affected by the order reviewed are
currently receiving public assistance benefits and the proposed
adjustment would result in either an increase in the amount of
support or in provisions for medical support for the children.
e. A fee for conducting a conference requested pursuant to
section 252H.20.
3. A parent who requests a review of a support order
pursuant to section 252H.13, shall pay any service of process
fees for service or attempted service of the notice required
in section 252H.15. The unit Child support services shall not
-666-proceed to conduct a review pursuant to section 252H.16 until
service of process fees have been paid in full. The service of
process fee requirement of this subsection is not applicable
to a parent who as a condition of eligibility for public
assistance benefits has assigned the rights to child or medical
support for the order to be reviewed. Service of process fees
charged by a person other than the unit child support services
are distinct from any other fees and recovery of costs provided
for in this section.
4. The unit Child support services shall, consistent with
applicable federal law, recover administrative costs in excess
of any fees collected pursuant to subsections 2 and 3 for
providing services under this chapter and shall adopt rules
providing for collection of fees for administrative costs.
5. The unit Child support services shall adopt rules
pursuant to chapter 17A to establish procedures and criteria to
determine the amount of any fees specified in this section and
the administrative costs in excess of these fees.
Sec. 925. Section 252H.6, Code 2023, is amended to read as
follows:
252H.6 Collection of information.
The unit Child support services may request, obtain, and
validate information concerning the financial circumstances
of the parents of a child as necessary to determine the
appropriate amount of support pursuant to the guidelines
established in section 598.21B, including but not limited to
those sources and procedures described in sections 252B.7A and
252B.9. The collection of information does not constitute a
review conducted pursuant to section 252H.16.
Sec. 926. Section 252H.7, Code 2023, is amended to read as
follows:
252H.7 Waiver of notice periods and time limitations.
1. A parent may waive the fifteen-day prereview waiting
period provided for in section 252H.16.
a. Upon receipt of signed requests from both parents
-667-waiving the prereview waiting period, the unit child support
services may conduct a review of the support order prior to
the expiration of the fifteen-day period provided in section
252H.16.
b. If the parents jointly waive the prereview waiting period
and the order under review is subsequently adjusted, the signed
statements of both parents waiving the waiting period shall be
filed in the court record with the order adjusting the support
obligation.
2. A parent may waive the postreview waiting period provided
for in section 252H.8, subsection 2 or 7, for a court hearing
or in section 252H.17 for requesting of a second review.
a. Upon receipt of signed requests from both parents subject
to the order reviewed, waiving the postreview waiting period,
the unit child support services may enter an administrative
order adjusting the support order, if appropriate, prior to the
expiration of the postreview waiting period.
b. If the parents jointly waive the postreview waiting
period and an administrative order to adjust the support order
is entered, the signed statements of both parents waiving the
waiting period shall be filed in the court record with the
administrative order adjusting the support obligation.
3. A parent may waive the time limitations established in
section 252H.8, subsection 3, for requesting a court hearing,
or in section 252H.20 for requesting a conference.
a. Upon receipt of signed requests from both parents who
are subject to the order to be modified, waiving the time
limitations, the unit child support services may proceed to
enter an administrative modification order.
b. If the parents jointly waive the time limitations and
an administrative modification order is entered under this
chapter, the signed statements of both parents waiving the
time limitations shall be filed in the court record with the
administrative modification order.
Sec. 927. Section 252H.8, Code 2023, is amended to read as
-668-follows:
252H.8 Certification to court — hearing — default.
1. For actions initiated under section 252H.15, either
parent or the unit child support services may request a court
hearing within fifteen days from the date of issuance of the
notice of decision under section 252H.16, or within ten days
of the date of issuance of the second notice of decision under
section 252H.17, whichever is later.
2. For actions initiated under section 252H.14A, either
parent or the unit child support services may request a court
hearing within ten days of the issuance of the second notice of
decision under section 252H.17.
3. For actions initiated under subchapter III, either
parent or the unit child support services may request a court
hearing within the latest of any of the following time periods:
a. Twenty days from the date of successful service of the
notice of intent to modify required under section 252H.19.
b. Ten days from the date scheduled for a conference to
discuss the modification action.
c. Ten days from the date of issuance of a second notice of
a proposed modification action.
4. The time limitations for requesting a court hearing
under this section may be extended by the unit child support
services.
5. If a timely written request for a hearing is received
by the unit child support services, a hearing shall be held
in district court, and the unit child support services shall
certify the matter to the district court in the county in which
the order subject to adjustment or modification is filed. The
certification shall include the following, as applicable:
a. Copies of the notice of intent to review or notice of
intent to modify.
b. The return of service, proof of service, acceptance of
service, or signed statement by the parent requesting review
and adjustment or requesting modification, waiving service of
-669-the notice.
c. Copies of the notice of decision and any revised notice
as provided in section 252H.16.
d. Copies of any written objections to and request for a
second review or conference or hearing.
e. Copies of any second notice of decision issued pursuant
to section 252H.17, or second notice of proposed modification
action issued pursuant to section 252H.20.
f. Copies of any financial statements and supporting
documentation provided by the parents including proof of
a substantial change in circumstances for a request filed
pursuant to section 252H.18A.
g. Copies of any computation worksheet prepared by the
unit child support services to determine the amount of support
calculated using the mandatory child support guidelines
established under section 598.21B, and, if appropriate and the
social security disability provisions of sections 598.22 and
598.22C apply, a determination of the amount of delinquent
support due.
h. A certified copy of each order, issued by another state
or foreign country, considered in determining the controlling
order.
6. The court shall set the matter for hearing and notify the
parties of the time and place of the hearing.
7. For actions initiated under section 252H.15, a hearing
shall not be held for at least sixteen days following the date
of issuance of the notice of decision unless the parents have
jointly waived, in writing, the fifteen-day postreview period.
8. Pursuant to section 252H.3, the district court shall
review the matter as an original hearing before the court.
9. Issues subject to review by the court in any hearing
resulting from an action initiated under this chapter shall be
limited to the issues identified in section 252H.3.
10. Notwithstanding any other law to the contrary, if more
than one support order exists involving children with the same
-670-legally established parents, one hearing on all of the affected
support orders shall be held in the district court in the
county where the unit child support services files the action.
For the purposes of this subsection, the district court hearing
the matter shall have jurisdiction over all other support
orders entered by a court of this state and affected under this
subsection.
11. The court shall establish the amount of child support
pursuant to section 598.21B, or medical support pursuant to
chapter 252E, or both.
12. If a party fails to appear at the hearing, upon a
showing of proper notice to the party, the court may find the
party in default and enter an appropriate order.
Sec. 928. Section 252H.9, Code 2023, is amended to read as
follows:
252H.9 Filing and docketing of administrative adjustment or
modification order — order effective as district court order.
1. If timely request for a court hearing is not made
pursuant to section 252H.8, the unit child support services
shall prepare and present an administrative order for
adjustment or modification, as applicable, for review and
approval, ex parte, to the district court where the order to
be adjusted or modified is filed. Notwithstanding any other
law to the contrary, if more than one support order exists
involving children with the same legally established parents,
for the purposes of this subsection, the district court
reviewing and approving the matter shall have jurisdiction over
all other support orders entered by a court of this state and
affected under this subsection.
2. For orders to which subchapter II or III is applicable,
the unit child support services shall determine the appropriate
amount of the child support obligation using the current child
support guidelines established pursuant to section 598.21B
and the criteria established pursuant to section 252B.7A and
shall determine the provisions for medical support pursuant to
-671-chapter 252E.
3. The administrative order prepared by the unit child
support services shall specify all of the following:
a. The amount of support to be paid and the manner of
payment.
b. The name of the custodian of any child for whom support
is to be paid.
c. The name of the parent ordered to pay support.
d. The name and birth date of any child for whom support is
to be paid.
e. That the property of the responsible person is subject
to collection action, including but not limited to wage
withholding, garnishment, attachment of a lien, and other
methods of execution.
f. Provisions for medical support.
g. If applicable, the order determined to be the controlling
order.
h. If applicable, the amount of delinquent support due based
upon the receipt of social security disability payments as
provided in sections 598.22 and 598.22C.
4. Supporting documents as described in section 252H.8,
subsection 5, may be presented to the court with the
administrative order, as applicable.
5. Unless defects appear on the face of the order or on the
attachments, the district court shall approve the order. Upon
filing, the approved order shall have the same force, effect,
and attributes of an order of the district court.
6. Upon filing, the clerk of the district court shall enter
the order in the judgment docket and judgment lien index.
7. A copy of the order shall be sent by regular mail within
fourteen days after filing to each parent’s last known address,
or if applicable, to the last known address of the parent’s
attorney.
8. The order is final, and action by the unit child support
services to enforce and collect upon the order, including
-672-arrearages and medical support, or both, may be taken from the
date of the entry of the order by the district court.
Sec. 929. Section 252H.10, subsection 2, Code 2023, is
amended to read as follows:
2. The periodic due date established under a prior order
for payment of child support shall not be changed in any
order modified as a result of an action initiated under this
chapter, unless the child support recovery unit services or
the court determines that good cause exists to change the
periodic due date. If the unit child support services or the
court determines that good cause exists, the unit child support
services or the court shall include the rationale for the
change in the modified order and shall address the issue of
reconciliation of any payments due or made under a prior order
which would result in payment of the child support obligation
under both the prior and the modified orders.
Sec. 930. Section 252H.11, Code 2023, is amended to read as
follows:
252H.11 Concurrent actions.
This chapter does not prohibit or affect the ability or right
of a parent or the parent’s attorney to file a modification
action at the parent’s own initiative. If a modification
action is filed by a parent concerning an order for which an
action has been initiated but has not yet been completed by the
unit child support services under this chapter, the unit child
support services shall terminate any action initiated under
this chapter, subject to the following:
1. The modification action filed by the parent must address
the same issues as the action initiated under this chapter.
2. If the modification action filed by the parent is
subsequently dismissed before being heard by the court,
the unit child support services shall continue the action
previously initiated under subchapter II or III, or initiate a
new action as follows:
a. If the unit child support services previously initiated
-673-an action under subchapter II, and had not issued a notice of
decision as required under section 252H.14A or 252H.16, the
unit child support services shall proceed as follows:
(1) If notice of intent to review was served ninety days
or less prior to the date the modification action filed by the
parent is dismissed, the unit child support services shall
complete the review and issue the notice of decision.
(2) If the modification action filed by the parent is
dismissed more than ninety days after the original notice of
intent to review was served, the unit child support services
shall serve or issue a new notice of intent to review and
conduct the review.
(3) If the unit child support services initiated a review
under section 252H.14A, the unit child support services may
issue the notice of decision.
b. If the unit child support services previously initiated
an action under subchapter II and had issued the notice of
decision as required under section 252H.14A or 252H.16, the
unit child support services shall proceed as follows:
(1) If the notice of decision was issued ninety days or less
prior to the date the modification action filed by the parent
is dismissed, the unit child support services shall request,
obtain, and verify any new or different information concerning
the financial circumstances of the parents and issue a revised
notice of decision to each parent, or if applicable, to the
parent’s attorney.
(2) If the modification action filed by the parent is
dismissed more than ninety days after the date of issuance
of the notice of decision, the unit child support services
shall serve or issue a new notice of intent to review pursuant
to section 252H.15 and conduct a review pursuant to section
252H.16, or conduct a review and serve a new notice of decision
under section 252H.14A.
c. If the unit child support services previously initiated
an action under subchapter III, the unit child support services
-674- shall proceed as follows:
(1) If the modification action filed by the parent is
dismissed more than ninety days after the original notice of
intent to modify was served, the unit child support services
shall serve a new notice of intent to modify pursuant to
section 252H.19.
(2) If the modification action filed by the parent is
dismissed ninety days or less after the original notice of
intent to modify was served, the unit child support services
shall complete the original modification action initiated by
the unit child support services under this subchapter.
(3) Each parent shall be allowed at least twenty days from
the date the administrative modification action is reinstated
to request a court hearing as provided for in section 252H.8.
3. If an action initiated under this chapter is terminated
as the result of a concurrent modification action filed by
one of the parents or the parent’s attorney, the unit child
support services shall advise each parent, or if applicable,
the parent’s attorney, in writing, that the action has been
terminated and the provisions of subsection 2 of this section
for continuing or initiating a new action under this chapter.
The notice shall be issued by regular mail to the last known
mailing address of each parent, or if applicable, each parent’s
attorney.
4. If an action initiated under this chapter by the
unit child support services is terminated as the result
of a concurrent action filed by one of the parents and is
subsequently reinstated because the modification action filed
by the parent is dismissed, the unit child support services
shall advise each parent, or if applicable, each parent’s
attorney, in writing, that the unit child support services is
continuing the prior administrative adjustment or modification
action. The notice shall be issued by regular mail to the last
known mailing address of each parent, or if applicable, each
parent’s attorney.
-675- Sec. 931. Section 252H.12, subsection 3, Code 2023, is
amended to read as follows:
3. The unit Child support services is providing enforcement
services for the ongoing support obligation pursuant to chapter
252B.
Sec. 932. Section 252H.13, Code 2023, is amended to read as
follows:
252H.13 Right to request review.
A parent shall have the right to request the review of a
support order for which the unit child support services is
currently providing enforcement services of an ongoing child
support obligation pursuant to chapter 252B including by
objecting to a cost-of-living alteration pursuant to section
252H.24, subsections 1 and 2.
Sec. 933. Section 252H.14, Code 2023, is amended to read as
follows:
252H.14 Reviews initiated by the child support recovery unit
services.
1. The unit Child support services may periodically
initiate a review of support orders meeting the conditions in
section 252H.12 in accordance with the following:
a. The right to any ongoing child support obligation is
currently assigned to the state due to the receipt of public
assistance.
b. The support order does not already include provisions for
medical support.
c. The review is otherwise necessary to comply with the Act.
2. The unit Child support services may periodically
initiate a request to a child support agency of another state
or to a foreign country to conduct a review of a support
order when the right to any ongoing child or medical support
obligation due under the order is currently assigned to the
state of Iowa or if the order does not include provisions for
medical support.
3. The unit Child support services shall adopt rules
-676-establishing criteria to determine the appropriateness of
initiating a review.
4. The unit Child support services shall initiate reviews
under this section in accordance with the Act.
Sec. 934. Section 252H.14A, Code 2023, is amended to read
as follows:
252H.14A Reviews initiated by the child support recovery unit
services — abbreviated method.
1. Notwithstanding section 252H.15, the unit child support
services may use procedures under this section to review a
support order if all the following apply:
a. One of the following applies:
(1) The right to ongoing child support is assigned to the
state of Iowa due to the receipt of family investment program
assistance, and a review of the support order is required under
section 7302 of the federal Deficit Reduction Act of 2005, Pub.
L. No.109-171.
(2) A parent requests a review, provides the unit child
support services with financial information as part of that
request, and the order meets the criteria for review under this
subchapter.
b. The unit Child support services has access to information
concerning the financial circumstances of each parent and one
of the following applies:
(1) The parent is a recipient of family investment program
assistance, medical assistance, or food supplemental nutrition
assistance program assistance from the department.
(2) The parent’s income is from supplemental security
income paid pursuant to 42 U.S.C. §1381a.
(3) The parent is a recipient of disability benefits under
the Act because of the parent’s disability.
(4) The parent is an inmate of an institution under the
control of the department of corrections.
(5) The unit Child support services has access to
information described in section 252B.7A, subsection 1,
-677-paragraph “c”.
2. If the conditions of subsection 1 are met, the unit child
support services may conduct a review and determine whether
an adjustment is appropriate using information accessible by
the unit child support services without issuing a notice under
section 252H.15 or requesting additional information from the
parent.
3. Upon completion of the review, the unit child support
services shall issue a notice of decision to each parent, or
if applicable, to each parent’s attorney. The notice shall be
served in accordance with the rules of civil procedure or as
provided in section 252B.26, except that a parent requesting
a review pursuant to section 252H.13 shall waive the right to
personal service of the notice in writing and accept service
by regular mail. If the service by regular mail does not occur
within ninety days of the written waiver of personal service,
personal service of the notice is required unless a new waiver
of personal service is obtained.
4. All of the following shall be included in the notice of
decision:
a. The legal basis and purpose of the action, including
an explanation of the procedures for determining child
support, the criteria for determining the appropriateness of
an adjustment, and a statement that the unit child support
services used the child support guidelines established pursuant
to section 598.21B and the provisions for medical support
pursuant to chapter 252E.
b. Information sufficient to identify the affected parties
and the support order or orders affected.
c. An explanation of the legal rights and responsibilities
of the affected parties, including time frames in which the
parties must act.
d. A statement indicating whether the unit child support
services finds that an adjustment is appropriate and the basis
for the determination.
-678- e. Procedures for contesting the action, including that if a
parent requests a second review both parents will be requested
to submit financial or income information as necessary for
application of the child support guidelines established
pursuant to section 598.21B.
f. Other information as appropriate.
5. Section 252H.16, subsection 5, regarding a revised
notice of decision shall apply to a notice of decision issued
under this section.
6. Each parent shall have the right to challenge the notice
of decision issued under this section by requesting a second
review by the unit child support services as provided in
section 252H.17. If there is no new or different information
to consider for the second review, the unit child support
services shall issue a second notice of decision based on prior
information. Each parent shall have the right to challenge
the second notice of decision by requesting a court hearing as
provided in section 252H.8.
Sec. 935. Section 252H.15, subsection 1, Code 2023, is
amended to read as follows:
1. Unless an action is initiated under section 252H.14A,
prior to conducting a review of a support order, the unit child
support services shall issue a notice of intent to review and
adjust to each parent, or if applicable, to each parent’s
attorney. However, notice to a child support agency or an
agency entitled to receive child or medical support payments as
the result of an assignment of support rights is not required.
Sec. 936. Section 252H.15, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The unit Child support services shall adopt rules pursuant
to chapter 17A to ensure that all of the following are included
in the notice:
Sec. 937. Section 252H.15, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Criteria for determining appropriateness of an adjustment
-679-and a statement that the unit child support services will use
the child support guidelines established pursuant to section
598.21B and the provisions for medical support pursuant to
chapter 252E to adjust the order.
Sec. 938. Section 252H.16, Code 2023, is amended to read as
follows:
252H.16 Conducting the review — notice of decision.
1. For actions initiated under section 252H.15, the unit
child support services shall conduct the review and determine
whether an adjustment is appropriate. As necessary, the unit
child support services shall make a determination of the
controlling order or the amount of delinquent support due based
upon the receipt of social security disability payments as
provided in sections 598.22 and 598.22C.
2. Unless both parents have waived the prereview notice
period as provided for in section 252H.7, the review shall
not be conducted for at least fifteen days from the date both
parents were successfully served with the notice required in
section 252H.15.
3. Upon completion of the review, the unit child support
services shall issue a notice of decision by regular mail to
the last known address of each parent, or if applicable, each
parent’s attorney.
4. The unit Child support services shall adopt rules
pursuant to chapter 17A to ensure that all of the following are
included in the notice:
a. Information sufficient to identify the affected parties
and the support order or orders affected.
b. A statement indicating whether the unit child support
services finds that an adjustment is appropriate and the basis
for the determination.
c. Other information, as appropriate.
5. A revised notice of decision shall be issued when the
unit child support services receives or becomes aware of new or
different information affecting the results of the review after
-680-the notice of decision has been issued and before the entry of
an administrative order adjusting the support order, when new
or different information is not received in conjunction with
a request for a second review, or subsequent to a request for
a court hearing. If a revised notice of decision is issued,
the time frames for requesting a second review or court hearing
shall apply from the date of issuance of the revised notice.
Sec. 939. Section 252H.17, Code 2023, is amended to read as
follows:
252H.17 Challenging the notice of decision — second review
— notice.
1. Each parent shall have the right to challenge the notice
of decision issued under section 252H.14A or 252H.16, by
requesting a second review by the unit child support services.
2. A challenge shall be submitted, in writing, to the
local child support office that issued the notice of decision
services, within thirty days of service of the notice of
decision under section 252H.14A or within ten days of the
issuance of the notice of decision under section 252H.16.
3. A parent challenging the notice of decision shall submit
any new or different information, not previously considered by
the unit child support services in conducting the review, with
the challenge and request for second review.
4. A parent challenging the notice of decision shall submit
any required fees with the challenge. Any request submitted
without full payment of the required fee shall be denied.
5. If a timely challenge along with any necessary fee
is received, the unit child support services shall issue by
regular mail to the last known address of each parent, or if
applicable, to each parent’s attorney, a notice that a second
review will be conducted. The unit Child support services
shall adopt rules pursuant to chapter 17A to ensure that all of
the following are included in the notice:
a. A statement of purpose of the second review.
b. Information sufficient to identify the affected parties
-681-and the support order or orders affected.
c. A statement of the information that is eligible for
consideration at the second review.
d. The procedures and time frames in conducting and
completing a second review, including a statement that only one
second review shall be conducted as the result of a challenge
received from either or both parents.
e. An explanation of the right to request a court hearing,
and the applicable time frames and procedures to follow in
requesting a court hearing.
f. Other information, as appropriate.
6. The unit Child support services shall conduct a second
review, utilizing any new or additional information provided
or available since issuance of the notice of decision under
section 252H.14A or under section 252H.16, to determine whether
an adjustment is appropriate.
7. Upon completion of the review, the unit child
support services shall issue a second notice of decision by
regular mail to the last known address of each parent, or if
applicable, to each parent’s attorney. The unit Child support
services shall adopt rules pursuant to chapter 17A to ensure
that all of the following are included in the notice:
a. Information sufficient to identify the affected parties
and the support order or orders affected.
b. The unit’s Child support services’ finding resulting from
the second review indicating whether the unit child support
services finds that an adjustment is appropriate, the basis for
the determination, and the impact on the first review.
c. An explanation of the right to request a court hearing,
and the applicable time frames and procedures to follow in
requesting a court hearing.
d. Other information, as appropriate.
8. If the determination resulting from the first review
is revised or reversed by the second review, the following
shall be issued to each parent along with the second notice of
-682-decision and the amount of any proposed adjustment:
a. Any updated or revised financial statements provided by
either parent.
b. A computation prepared by the local child support office
issuing the notice services, demonstrating how the amount of
support due under the child support guidelines was calculated,
and a comparison of the newly computed amount with the current
support obligation amount.
Sec. 940. Section 252H.18, subsection 2, Code 2023, is
amended to read as follows:
2. The unit Child support services is providing services
pursuant to chapter 252B.
Sec. 941. Section 252H.18A, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If a support order is not eligible for review and adjustment
because the support order is outside of the minimum time frames
specified by rule of the department, a parent may request a
review and administrative modification by submitting all of the
following to the unit child support services:
Sec. 942. Section 252H.18A, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of the request and all documentation
required in subsection 1, the unit child support services shall
review the request and documentation and if appropriate shall
issue a notice of intent to modify as provided in section
252H.19.
Sec. 943. Section 252H.19, subsection 1, Code 2023, is
amended to read as follows:
1. The unit Child support services shall issue a notice of
intent to modify to each parent. Notice to a child support
agency or an agency entitled to receive child or medical
support payments as the result of an assignment of support
rights is not required.
Sec. 944. Section 252H.19, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
-683- The notice shall be served upon each parent in accordance
with the rules of civil procedure, except that a parent
requesting modification shall, at the time of the request,
waive the right to personal service of the notice in writing
and accept service by regular mail. The unit Child support
services shall adopt rules pursuant to chapter 17A to ensure
that all of the following are included in the notice:
Sec. 945. Section 252H.20, Code 2023, is amended to read as
follows:
252H.20 Conference — second notice and finding of financial
responsibility.
1. Each parent shall have the right to request a conference
with the office of the unit that issued the notice of intent
to modify child support services. The request may be made in
person, in writing, or by telephone, and shall be made within
ten days of the date of successful service of the notice of
intent to modify.
2. A parent requesting a conference shall submit
any required fee no later than the date of the scheduled
conference. A conference shall not be held unless the required
fee is paid in full.
3. Upon a request and full payment of any required fee,
the office of the unit that issued the notice of intent to
modify child support services shall schedule a conference with
the parent and advise the parent of the date, time, place, and
procedural aspects of the conference. The unit Child support
services shall adopt rules pursuant to chapter 17A to specify
the manner in which a conference is conducted and the purpose
of the conference.
4. Following the conference, the office of the unit that
conducted the review child support services shall issue a
second notice of proposed modification and finding of financial
responsibility to the parent requesting the conference. The
unit Child support services shall adopt rules pursuant to
chapter 17A to ensure that all of the following are included
-684-in the notice:
a. Information sufficient to identify the affected parties
and the support order or orders affected.
b. If the unit child support services will continue or
terminate the action.
c. Procedures for contesting the action and the applicable
time frames for actions by the parents.
d. Other information, as appropriate.
Sec. 946. Section 252H.21, subsection 2, paragraph c,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Increase or decrease the amount of the child support
order calculated in subparagraph (1) for each subsequent year
by applying the appropriate consumer price index for each
subsequent year to the result of the calculation for the
previous year. The final year in the calculation shall be the
year immediately preceding the year the unit child support
services received the completed request for the cost-of-living
alteration.
Sec. 947. Section 252H.22, subsection 3, Code 2023, is
amended to read as follows:
3. The unit Child support services is providing enforcement
services for the ongoing support obligation pursuant to chapter
252B.
Sec. 948. Section 252H.23, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A parent may request a cost-of-living alteration by
submitting all of the following to the unit child support
services:
Sec. 949. Section 252H.24, Code 2023, is amended to read as
follows:
252H.24 Role of the child support recovery unit services —
filing and docketing of cost-of-living alteration order — order
effective as district court order.
1. Upon receipt of a request and required documentation for
a cost-of-living alteration, the unit child support services
-685- shall issue a notice of the amount of cost-of-living alteration
by regular mail to the last known address of each parent,
or, if applicable, each parent’s attorney. The notice shall
include all of the following:
a. A statement that either parent may contest the
cost-of-living alteration within thirty days of the date of
the notice by making a request for a review of a support order
as provided in section 252H.13, and if either parent does not
make a request for a review within thirty days, the unit child
support services shall prepare an administrative order as
provided in subsection 4.
b. A statement that the parent may waive the thirty-day
notice waiting period provided for in this section.
2. Upon timely receipt of a request and required
documentation for a review of a support order as provided
in subsection 1 from either parent, the unit child support
services shall terminate the cost-of-living alteration process
and apply the provisions of subchapters I and II of this
chapter relating to review and adjustment.
3. Upon receipt of signed requests from both parents subject
to the support order, waiving the notice waiting period, the
unit child support services may prepare an administrative order
pursuant to subsection 4 altering the support obligation.
4. If timely request for a review pursuant to section
252H.13 is not made, and if the thirty-day notice waiting
period has expired, or if both parents have waived the notice
waiting period, the unit child support services shall prepare
and present an administrative order for a cost-of-living
alteration, ex parte, to the district court where the order to
be altered is filed.
5. Unless defects appear on the face of the administrative
order or on the attachments, the district court shall approve
the order. Upon filing, the approved order shall have the
same force, effect, and attributes of an order of the district
court.
-686- 6. Upon filing, the clerk of the district court shall enter
the order in the judgment docket and judgment lien index.
7. If the parents jointly waive the thirty-day notice
waiting period, the signed statements of both parents waiving
the notice period shall be filed in the court record with the
administrative order altering the support obligation.
8. The unit Child support services shall send a copy of
the order by regular mail to each parent’s last known address,
or, if applicable, to the last known address of the parent’s
attorney.
9. An administrative order approved by the district court is
final, and action by the unit child support services to enforce
and collect upon the order may be taken from the date of the
entry of the order by the district court.
Sec. 950. Section 252I.1, Code 2023, is amended to read as
follows:
252I.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Account” means “account” as defined in section 524.103,
the savings or deposits of a member received or being held
by a credit union, or certificates of deposit. “Account”
also includes deposits held by an agent, a broker-dealer,
or an issuer as defined in section 502.102 and money-market
mutual fund accounts and “account” as defined in 42 U.S.C.
§666(a)(17). However, “account” does not include amounts held
by a financial institution as collateral for loans extended by
the financial institution.
2. “Bank” means “bank”, “insured bank”, and “state bank” as
defined in section 524.103.
3. “Child support services” means child support services
created in section 252B.2.
3. 4. “Court order” means “support order” as defined in
section 252J.1.
4. 5. “Credit union” means “credit union” as defined in
-687-section 533.102.
5. 6. “Financial institution” means “financial institution”
as defined in 42 U.S.C. §669A(d)(1). “Financial institution”
also includes an institution which holds deposits for an agent,
broker-dealer, or an issuer as defined in section 502.102.
6. 7. “Obligor” means a person who has been ordered by a
court or administrative authority to pay support.
7. 8. “Support” or “support payments” means “support” or
“support payments” as defined in section 252D.16.
8. “Unit” or “child support recovery unit” means the child
support recovery unit created in section 252B.2.
9. “Working days” means only Monday, Tuesday, Wednesday,
Thursday, and Friday, but excluding the holidays specified in
section 1C.2, subsection 1.
Sec. 951. Section 252I.2, Code 2023, is amended to read as
follows:
252I.2 Purpose and use.
1. Notwithstanding other statutory provisions which provide
for the execution, attachment, or levy against accounts, the
unit child support services may utilize the process established
in this chapter to collect delinquent support payments provided
that any exemptions or exceptions which specifically apply to
enforcement of support obligations pursuant to other statutory
provisions also apply to this chapter.
2. An obligor is subject to the provisions of this chapter
if the obligor’s support obligation is being enforced by the
child support recovery unit services, and if the support
payments ordered under chapter 232, 234, 252A, 252C, 252D,
252E, 252F, 598, 600B, or any other applicable chapter,
or under a comparable statute of another state or foreign
country, as certified to the child support recovery unit
services, are not paid to the clerk of the district court or
the collection services center pursuant to section 598.22 and
become delinquent in an amount equal to the support payment for
one month.
-688- 3. Any amount forwarded by a financial institution under
this chapter shall not exceed the amounts specified in 15
U.S.C. §1673(b) and shall not exceed the delinquent or accrued
amount of support owed by the obligor.
Sec. 952. Section 252I.3, Code 2023, is amended to read as
follows:
252I.3 Initial notice to obligor.
The unit Child support services or the district court
may include language in any new or modified support order
issued on or after July 1, 1994, notifying the obligor that
the obligor is subject to the provisions of this chapter.
However, this chapter is sufficient notice for implementation
of administrative levy provisions without further notice of the
provisions of this chapter.
Sec. 953. Section 252I.4, Code 2023, is amended to read as
follows:
252I.4 Verification of accounts and immunity from liability.
1. The unit Child support services may contact a financial
institution to obtain verification of the account number, the
names and social security numbers listed for the account, and
the account balance of any account held by an obligor. Contact
with a financial institution may be by telephone or by written
communication. The financial institution may require positive
voice recognition and may require the telephone number of the
authorized person from the unit child support services before
releasing an obligor’s account information by telephone.
2. The unit Child support services and financial
institutions doing business in Iowa shall enter into agreements
to develop and operate a data match system, using automated
data exchanges to the maximum extent feasible. The data
match system shall allow a means by which each financial
institution shall provide to the unit child support services
for each calendar quarter the name, record address, social
security number or other taxpayer identification number, and
other identifying information for each obligor who maintains
-689-an account at the institution and who owes past-due support,
as identified by the unit child support services by name and
social security number or other taxpayer identification number.
The unit Child support services shall work with representatives
of financial institutions to develop a system to assist
nonautomated financial institutions in complying with the
provisions of this section.
3. The unit Child support services may pay a reasonable
fee to a financial institution for conducting the data match
required in subsection 2, not to exceed the lower of either
one hundred fifty dollars for each quarterly data match or the
actual costs incurred by the financial institution for each
quarterly data match. However, the unit child support services
may also adopt rules pursuant to chapter 17A to specify a fee
amount for each quarterly data match based upon the estimated
state share of funds collected under this chapter, which,
when adopted, shall be applied in lieu of the one hundred
fifty dollar fee under this subsection. In addition, the unit
child support services may pay a reasonable fee to a financial
institution for automation programming development performed
in order to conduct the data match required in subsection 2,
not to exceed the lower of either five hundred dollars or
the actual costs incurred by the financial institution. The
unit Child support services may use the state share of funds
collected under this chapter to pay the fees to financial
institutions under this subsection. For state fiscal years
beginning July 1, 1999, and July 1, 2000, the unit child
support services may use up to one hundred percent of the
state share of such funds. For state fiscal years beginning
on or after July 1, 2001, the unit child support services may
use up to fifty percent of the state share of such funds.
Notwithstanding any other provision of law to the contrary,
a financial institution shall have until a date provided in
the agreement in subsection 2 to submit its claim for a fee
under this subsection. If the unit child support services
-690- does not have sufficient funds available under this subsection
for payment of fees under this subsection for conducting data
matches or for automation program development performed in the
fiscal year beginning July 1, 1999, the cost may be carried
forward to the fiscal year beginning July 1, 2000. The unit
Child support services may also use funds from an amount
assessed a child support agency of another state, as defined in
section 252H.2, to conduct a data match requested by that child
support agency as provided in 42 U.S.C. §666(a)(14) to pay fees
to financial institutions under this subsection.
4. a. A financial institution is immune from any liability
in any action or proceeding, whether civil or criminal, for any
of the following:
(1) The disclosure of any information by a financial
institution to the unit child support services pursuant to
this chapter or the rules or procedures adopted by the unit
child support services to implement this chapter, including
disclosure of information relating to an obligor who maintains
an account with the financial institution or disclosure of
information relating to any other person who maintains an
account with the financial institution that is provided for
the purpose of complying with the data match requirements of
this section and with the agreement entered into between the
financial institution and the unit child support services
pursuant to subsection 2.
(2) Any encumbrance or surrender of any assets held by a
financial institution in response to a notice of lien or levy
issued by the unit child support services.
(3) Any action or omission in connection with good faith
efforts to comply with this chapter or any rules or procedures
that are adopted by the unit child support services to
implement this chapter.
(4) The disclosure, use, or misuse by the unit child
support services or by any other person of information provided
or assets delivered to the unit child support services by a
-691-financial institution.
b. For the purposes of this section, “financial institution”
includes officers, directors, employees, contractors, and
agents of the financial institution.
5. The financial institution or the unit child support
services is not liable for the cost of any early withdrawal
penalty of an obligor’s certificate of deposit.
Sec. 954. Section 252I.5, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. If an obligor is subject to this chapter under section
252I.2, the unit child support services may initiate an
administrative action to levy against the accounts of the
obligor.
2. The unit Child support services may send a notice to
the financial institution with which the account is placed,
directing that the financial institution forward all or a
portion of the moneys in the obligor’s account or accounts to
the collection services center established pursuant to chapter
252B. The notice shall be sent by regular mail, with proof of
service completed according to rule of civil procedure 1.442.
Sec. 955. Section 252I.5, subsection 3, paragraph g, Code
2023, is amended to read as follows:
g. A telephone number, and address, and contact name of the
for child support recovery unit contact initiating the action
services.
Sec. 956. Section 252I.6, Code 2023, is amended to read as
follows:
252I.6 Administrative levy — notice to support obligor.
1. The unit Child support services may administratively
initiate an action to seize accounts of an obligor who is
subject to this chapter under section 252I.2.
2. The unit Child support services shall notify an obligor
subject to this chapter, and any other party known to have
an interest in the account, of the action. The notice shall
contain all of the following:
-692- a. The name of the obligor.
b. A statement that the obligor is believed to have one or
more accounts at the financial institution.
c. A statement that pursuant to the provisions of this
chapter, the obligor’s accounts are subject to seizure and the
financial institution is authorized and required to forward
moneys to the collection services center.
d. The maximum amount to be forwarded by the financial
institution, which shall not exceed the delinquent or accrued
amount of support owed by the obligor.
e. The prescribed time frames within which the financial
institution must comply.
f. A statement that any challenge to the action shall be
in writing and shall be received by the child support recovery
unit services within ten days of the date of the notice to the
obligor.
g. The address of the collection services center and the
collection services center account number.
h. A telephone number, and address, and contact name for
the child support recovery unit contact initiating the action
services.
3. The unit Child support services shall forward the notice
to the obligor by regular mail within two working days of
sending the notice to the financial institution pursuant to
section 252I.5. Proof of service shall be completed according
to rule of civil procedure 1.442.
Sec. 957. Section 252I.7, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Immediately encumber funds in all accounts in which the
obligor has an interest to the extent of the debt indicated in
the notice from the unit child support services.
2. No sooner than fifteen days, and no later than twenty
days from the date the financial institution receives the
notice under section 252I.5, unless notified by the unit child
support services of a challenge by the obligor or an account
-693-holder of interest, the financial institution shall forward the
moneys encumbered to the collection services center with the
obligor’s name and social security number, collection services
center account number, and any other information required in
the notice.
Sec. 958. Section 252I.8, Code 2023, is amended to read as
follows:
252I.8 Challenges to action.
1. Challenges under this chapter may be initiated only by an
obligor or by an account holder of interest. Actions initiated
by the unit child support services under this chapter are not
subject to chapter 17A, and resulting court hearings following
certification shall be an original hearing before the district
court.
2. The person challenging the action shall submit a written
challenge to the person identified as the contact for the unit
in the notice child support services, within ten working days
of the date of the notice.
3. The unit Child support services shall, upon receipt of
a written challenge, review the facts of the case with the
challenging party. Only a mistake of fact, including but
not limited to, a mistake in the identity of the obligor or
a mistake in the amount of delinquent support due shall be
considered as a reason to dismiss or modify the proceeding.
4. If the unit child support services determines that a
mistake of fact has occurred the unit, child support services
shall proceed as follows:
a. If a mistake in identity has occurred or the obligor is
not delinquent in an amount equal to the payment for one month,
the unit child support services shall notify the financial
institution that the administrative levy has been released.
The unit Child support services shall provide a copy of the
notice to the support obligor by regular mail.
b. If the obligor is delinquent, but the amount of the
delinquency is less than the amount indicated in the notice,
-694-the unit child support services shall notify the financial
institution of the revised amount with a copy of the notice and
issue a copy to the obligor or forward a copy to the obligor
by regular mail. Upon written receipt of instructions from
the unit child support services, the financial institution
shall release the funds in excess of the revised amount to
the obligor and the moneys in the amount of the debt shall be
processed according to section 252I.7.
5. If the unit child support services finds no mistake of
fact, the unit child support services shall provide a notice
to that effect to the challenging party by regular mail. Upon
written request of the challenging party, the unit child
support services shall request a hearing before the district
court in the county in which the underlying support order is
filed.
a. The financial institution shall encumber moneys if the
child support recovery unit services notifies the financial
institution to do so.
b. The clerk of the district court shall schedule a hearing
upon the request by the unit child support services for a
time not later than ten calendar days after the filing of
the request for hearing. The clerk shall mail copies of the
request for hearing and the order scheduling the hearing to
the unit child support services and to all account holders of
interest.
c. If the court finds that there is a mistake of identity or
that the obligor does not owe the delinquent support, the unit
child support services shall notify the financial institution
that the administrative levy has been released.
d. If the court finds that the obligor has an interest in
the account, and the amount of support due was incorrectly
overstated, the unit child support services shall notify the
financial institution to release the excess moneys to the
obligor and remit the remaining moneys in the amount of the
debt to the collection services center for disbursement to the
-695-appropriate recipient.
e. If the court finds that the obligor has an interest
in the account, and the amount of support due is correct,
the financial institution shall forward the moneys to the
collection services center for disbursement to the appropriate
recipient.
f. If the obligor or any other party known to have an
interest in the account fails to appear at the hearing, the
court may find the challenging party in default, shall ratify
the administrative levy, if valid upon its face, and shall
enter an order directing the financial institution to release
the moneys to the unit child support services.
g. Issues related to visitation, custody, or other
provisions not related to levies against accounts are not
grounds for a hearing under this chapter.
h. Support orders shall not be modified under a challenge
pursuant to this section.
i. Any findings in the challenge of an administrative
levy related to the amount of the accruing or accrued support
obligation do not modify the underlying support order.
j. An order entered under this chapter for a levy against
an account of a support obligor has priority over a levy for a
purpose other than the support of the dependents in the court
order being enforced.
6. The support obligor may withdraw the request for
challenge by submitting a written withdrawal to the person
identified as the contact for the unit child support services
in the notice or the unit child support services may withdraw
the administrative levy at any time prior to the court hearing
and provide notice of the withdrawal to the obligor and any
account holder of interest and to the financial institution, by
regular mail.
7. If the financial institution has forwarded moneys to
the collection services center and has deducted a fee from the
moneys of the account, or if any additional fees or costs are
-696-levied against the account, and all funds are subsequently
refunded to the account due to a mistake of fact or ruling
of the court, the child support recovery unit services shall
reimburse the account for any fees assessed by the financial
institution. If the mistake of fact is a mistake in the amount
of support due and any portion of the moneys is retained as
support payments, however, the unit child support services is
not required to reimburse the account for any fees or costs
levied against the account. Additionally, for the purposes
of reimbursement to the account for any fees or costs, each
certificate of deposit is considered a separate account.
Sec. 959. Section 252J.1, Code 2023, is amended to read as
follows:
252J.1 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Certificate of noncompliance” means a document provided
by the child support recovery unit services certifying that
the named individual is not in compliance with any of the
following:
a. A support order.
b. A written agreement for payment of support entered into
by the unit child support services and the obligor.
c. A subpoena or warrant relating to a paternity or support
proceeding.
2. “Child support services” means child support services
created in section 252B.2.
3. “Department” means the department of health and human
services.
2. 4. “Individual” means a parent, an obligor, or a
putative father in a paternity or support proceeding.
3. 5. “License” means a license, certification,
registration, permit, approval, renewal, or other similar
authorization issued to an individual by a licensing authority
which evidences the admission to, or granting of authority to
-697-engage in, a profession, occupation, business, industry, or
recreation or to operate or register a motor vehicle. “License”
includes licenses for hunting, fishing, boating, or other
recreational activity.
4. 6. “Licensee” means an individual to whom a license has
been issued, or who is seeking the issuance of a license.
5. 7. “Licensing authority” means a county treasurer,
county recorder or designated depositary, the supreme court,
or an instrumentality, agency, board, commission, department,
officer, organization, or any other entity of the state, which
has authority within this state to suspend or revoke a license
or to deny the renewal or issuance of a license authorizing an
individual to register or operate a motor vehicle or to engage
in a business, occupation, profession, recreation, or industry.
6. 8. “Obligor” means a natural person as defined
in section 252G.1 who has been ordered by a court or
administrative authority to pay support.
7. 9. “Subpoena or warrant” means a subpoena or warrant
relating to a paternity or support proceeding initiated or
obtained by the unit child support services or a child support
agency as defined in section 252H.2.
8. 10. “Support” means support or support payments as
defined in section 252D.16, whether established through court
or administrative order.
9. 11. “Support order” means an order for support issued
pursuant to chapter 232, 234, 252A, 252C, 252D, 252E, 252F,
252H, 598, 600B, or any other applicable chapter, or under
a comparable statute of another state or foreign country as
registered with the clerk of the district court or certified to
the child support recovery unit services.
10. “Unit” means the child support recovery unit created in
section 252B.2.
11. 12. “Withdrawal of a certificate of noncompliance”
means a document provided by the unit child support services
certifying that the certificate of noncompliance is withdrawn
-698-and that the licensing authority may proceed with issuance,
reinstatement, or renewal of an individual’s license.
Sec. 960. Section 252J.2, Code 2023, is amended to read as
follows:
252J.2 Purpose and use.
1. Notwithstanding other statutory provisions to the
contrary, and if an individual has not been cited for contempt
and enjoined from engaging in the activity governed by a
license pursuant to section 598.23A, the unit child support
services may utilize the process established in this chapter
to collect support.
2. For cases in which services are provided by the unit
child support services all of the following apply:
a. An obligor is subject to the provisions of this chapter
if the obligor’s support obligation is being enforced by the
unit child support services, if the support payments required
by a support order to be paid to the clerk of the district
court or the collection services center pursuant to section
598.22 are not paid and become delinquent in an amount equal
to the support payment for three months, and if the obligor’s
situation meets other criteria specified under rules adopted by
the department pursuant to chapter 17A.The criteria specified
by rule shall include consideration of the length of time since
the obligor’s last support payment and the total amount of
support owed by the obligor.
b. An individual is subject to the provisions of this
chapter if the individual has failed, after receiving
appropriate notice, to comply with a subpoena or warrant.
3. Actions initiated by the unit child support services
under this chapter shall not be subject to contested case
proceedings or further review pursuant to chapter 17A and any
resulting court hearing shall be an original hearing before the
district court.
4. Notwithstanding chapter 22, all of the following apply:
a. Information obtained by the unit child support services
-699- under this chapter shall be used solely for the purposes of
this chapter or chapter 252B.
b. Information obtained by a licensing authority shall be
used solely for the purposes of this chapter.
Sec. 961. Section 252J.3, Code 2023, is amended to read as
follows:
252J.3 Notice to individual of potential sanction of license.
The unit Child support services shall proceed in accordance
with this chapter only if the unit child support services sends
a notice to the individual by regular mail to the last known
address of the individual. The notice shall include all of the
following:
1. The address and telephone number of the unit child
support services and the unit the child support services’ case
number.
2. A statement that the obligor is not in compliance with
a support order or the individual has not complied with a
subpoena or warrant.
3. A statement that the individual may request a conference
with the unit child support services to contest the action.
4. A statement that if, within twenty days of mailing of
the notice to the individual, the individual fails to contact
the unit child support services to schedule a conference,
the unit child support services shall issue a certificate of
noncompliance, bearing the individual’s name, social security
number and unit the child support services’ case number, to any
appropriate licensing authority, certifying that the obligor is
not in compliance with a support order or an individual has not
complied with a subpoena or warrant.
5. A statement that in order to stay the issuance of a
certificate of noncompliance the request for a conference shall
be in writing and shall be received by the unit child support
services within twenty days of mailing of the notice to the
individual.
6. The names of the licensing authorities to which the
-700-unit child support services intends to issue a certificate of
noncompliance.
7. A statement that if the unit child support services
issues a certificate of noncompliance to an appropriate
licensing authority, the licensing authority shall initiate
proceedings to refuse to issue or renew, or to suspend or
revoke the individual’s license, unless the unit child support
services provides the licensing authority with a withdrawal of
a certificate of noncompliance.
Sec. 962. Section 252J.4, Code 2023, is amended to read as
follows:
252J.4 Conference.
1. The individual may schedule a conference with the unit
child support services following mailing of the notice pursuant
to section 252J.3, or at any time after service of notice of
suspension, revocation, denial of issuance, or nonrenewal of
a license from a licensing authority, to challenge the unit’s
child support services’ actions under this chapter.
2. The request for a conference shall be made to the unit
child support services, in writing, and, if requested after
mailing of the notice pursuant to section 252J.3, shall be
received by the unit child support services within twenty days
following mailing of the notice.
3. The unit Child support services shall notify the
individual of the date, time, and location of the conference by
regular mail, with the date of the conference to be no earlier
than ten days following issuance of notice of the conference
by the unit child support services, unless the individual and
the unit child support services agree to an earlier date which
may be the same date the individual requests the conference.
If the individual fails to appear at the conference, the
unit child support services shall issue a certificate of
noncompliance.
4. Following the conference, the unit child support
services shall issue a certificate of noncompliance unless any
-701-of the following applies:
a. The unit Child support services finds a mistake in the
identity of the individual.
b. The unit Child support services finds a mistake in
determining that the amount of delinquent support is equal to
or greater than three months.
c. The obligor enters a written agreement with the unit
child support services to comply with a support order, the
obligor complies with an existing written agreement to comply
with a support order, or the obligor pays the total amount of
delinquent support due.
d. Issuance of a certificate of noncompliance is not
appropriate under other criteria established in accordance with
rules adopted by the department pursuant to chapter 17A.
e. The unit Child support services finds a mistake in
determining the compliance of the individual with a subpoena
or warrant.
f. The individual complies with a subpoena or warrant.
5. The unit Child support services shall grant the
individual a stay of the issuance of a certificate of
noncompliance upon receiving a timely written request
for a conference, and if a certificate of noncompliance
has previously been issued, shall issue a withdrawal of a
certificate of noncompliance if the obligor enters into a
written agreement with the unit child support services to
comply with a support order or if the individual complies with
a subpoena or warrant.
6. If the individual does not timely request a conference
or does not comply with a subpoena or warrant or if the
obligor does not pay the total amount of delinquent support
owed within twenty days of mailing of the notice pursuant to
section 252J.3, the unit child support services shall issue a
certificate of noncompliance.
Sec. 963. Section 252J.5, Code 2023, is amended to read as
follows:
-702- 252J.5 Written agreement.
1. If an obligor is subject to this chapter as established
in section 252J.2, subsection 2, paragraph “a”, the obligor
and the unit child support services may enter into a written
agreement for payment of support and compliance which takes
into consideration the obligor’s ability to pay and other
criteria established by rule of the department. The written
agreement shall include all of the following:
a. The method, amount, and dates of support payments by the
obligor.
b. A statement that upon breach of the written agreement
by the obligor, the unit child support services shall issue
a certificate of noncompliance to any appropriate licensing
authority.
2. A written agreement entered into pursuant to this section
does not preclude any other remedy provided by law and shall
not modify or affect an existing support order.
3. Following issuance of a certificate of noncompliance,
if the obligor enters into a written agreement with the unit
child support services, the unit child support services shall
issue a withdrawal of the certificate of noncompliance to any
appropriate licensing authority and shall forward a copy of the
withdrawal by regular mail to the obligor.
Sec. 964. Section 252J.6, Code 2023, is amended to read as
follows:
252J.6 Decision of the unit child support services.
1. If an obligor is not in compliance with a support order
or the individual is not in compliance with a subpoena or
warrant pursuant to section 252J.2, the unit child support
services mails a notice to the individual pursuant to section
252J.3, and the individual requests a conference pursuant to
section 252J.4, the unit child support services shall issue a
written decision if any of the following conditions exists:
a. The individual fails to appear at a scheduled conference
under section 252J.4.
-703- b. A conference is held under section 252J.4.
c. The obligor fails to comply with a written agreement
entered into by the obligor and the unit child support services
under section 252J.5.
2. The unit Child support services shall send a copy of
the written decision to the individual by regular mail at the
individual’s most recent address of record. If the decision
is made to issue a certificate of noncompliance or to withdraw
the certificate of noncompliance, a copy of the certificate
of noncompliance or of the withdrawal of the certificate of
noncompliance shall be attached to the written decision. The
written decision shall state all of the following:
a. That the certificate of noncompliance or withdrawal
of the certificate of noncompliance has been provided to the
licensing authorities named in the notice provided pursuant to
section 252J.3.
b. That upon receipt of a certificate of noncompliance,
the licensing authority shall initiate proceedings to suspend,
revoke, deny issuance, or deny renewal of a license, unless
the licensing authority is provided with a withdrawal of a
certificate of noncompliance from the unit child support
services.
c. That in order to obtain a withdrawal of a certificate of
noncompliance from the unit child support services, the obligor
shall enter into a written agreement with the unit child
support services, comply with an existing written agreement
with the unit child support services, or pay the total amount
of delinquent support owed or the individual shall comply with
a subpoena or warrant.
d. That if the unit child support services issues a written
decision which includes a certificate of noncompliance, that
all of the following apply:
(1) The individual may request a hearing as provided in
section 252J.9, before the district court as follows:
(a) If the action is a result of section 252J.2, subsection
-704-2, paragraph “a”, in the county in which the underlying support
order is filed, by filing a written application to the court
challenging the issuance of the certificate of noncompliance
by the unit child support services and sending a copy of the
application to the unit child support services within the time
period specified in section 252J.9.
(b) If the action is a result of section 252J.2, subsection
2, paragraph “b”, and the individual is not an obligor, in the
county in which the dependent child or children reside if the
child or children reside in Iowa; in the county in which the
dependent child or children last received public assistance if
the child or children received public assistance in Iowa; or
in the county in which the individual resides if the action is
the result of a request from a child support agency in another
state or foreign country.
(2) The individual may retain an attorney at the
individual’s own expense to represent the individual at the
hearing.
(3) The scope of review of the district court shall be
limited to demonstration of a mistake of fact related to the
delinquency of the obligor or the compliance of the individual
with a subpoena or warrant.
3. If the unit child support services issues a certificate
of noncompliance, the unit child support services shall only
issue a withdrawal of the certificate of noncompliance if any
of the following applies:
a. The unit Child support services or the court finds a
mistake in the identity of the individual.
b. The unit Child support services finds a mistake in
determining compliance with a subpoena or warrant.
c. The unit Child support services or the court finds a
mistake in determining that the amount of delinquent support
due is equal to or greater than three months.
d. The obligor enters a written agreement with the unit
child support services to comply with a support order, the
-705-obligor complies with an existing written agreement to comply
with a support order, or the obligor pays the total amount of
delinquent support owed.
e. The individual complies with the subpoena or warrant.
f. Issuance of a withdrawal of the certificate of
noncompliance is appropriate under other criteria in accordance
with rules adopted by the department pursuant to chapter 17A.
Sec. 965. Section 252J.7, subsection 1, Code 2023, is
amended to read as follows:
1. If the individual fails to respond to the notice of
potential license sanction provided pursuant to section 252J.3
or the unit child support services issues a written decision
under section 252J.6 which states that the individual is not
in compliance, the unit child support services shall issue
a certificate of noncompliance to any appropriate licensing
authority.
Sec. 966. Section 252J.8, subsection 2, Code 2023, is
amended to read as follows:
2. In addition to other grounds for suspension, revocation,
or denial of issuance or renewal of a license, a licensing
authority shall include in rules adopted by the licensing
authority as grounds for suspension, revocation, or denial of
issuance or renewal of a license, the receipt of a certificate
of noncompliance from the unit child support services.
Sec. 967. Section 252J.8, subsection 4, paragraph c,
subparagraphs (1), (2), and (3), Code 2023, are amended to read
as follows:
(1) The licensing authority intends to suspend, revoke, or
deny issuance or renewal of an individual’s license due to the
receipt of a certificate of noncompliance from the unit child
support services.
(2) The individual must contact the unit child support
services to schedule a conference or to otherwise obtain a
withdrawal of a certificate of noncompliance.
(3) Unless the unit child support services furnishes a
-706-withdrawal of a certificate of noncompliance to the licensing
authority within thirty days of the issuance of the notice
under this section, the individual’s license will be revoked,
suspended, or denied.
Sec. 968. Section 252J.8, subsection 5, Code 2023, is
amended to read as follows:
5. If the licensing authority receives a withdrawal of
a certificate of noncompliance from the unit child support
services, the licensing authority shall immediately reinstate,
renew, or issue a license if the individual is otherwise in
compliance with licensing requirements established by the
licensing authority.
Sec. 969. Section 252J.9, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Following the issuance of a written decision by the unit
child support services under section 252J.6 which includes
the issuance of a certificate of noncompliance, or following
provision of notice to the individual by a licensing authority
pursuant to section 252J.8, an individual may seek review of
the decision and request a hearing before the district court
as follows:
Sec. 970. Section 252J.9, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. If the action is a result of section 252J.2, subsection
2, paragraph “a”, in the county in which the underlying support
order is filed, by filing an application with the district
court, and sending a copy of the application to the unit by
regular mail child support services.
Sec. 971. Section 252J.9, subsections 2 and 6, Code 2023,
are amended to read as follows:
2. An application shall be filed to seek review of the
decision by the unit child support services or following
issuance of notice by the licensing authority no later than
within thirty days after the issuance of the notice pursuant to
section 252J.8. The clerk of the district court shall schedule
-707-a hearing and mail a copy of the order scheduling the hearing
to the individual and the unit child support services and shall
also mail a copy of the order to the licensing authority, if
applicable. The unit Child support services shall certify a
copy of its written decision and certificate of noncompliance,
indicating the date of issuance, and the licensing authority
shall certify a copy of a notice issued pursuant to section
252J.8, to the court prior to the hearing.
6. If the court finds that the unit child support services
was in error in issuing a certificate of noncompliance,
or in failing to issue a withdrawal of a certificate of
noncompliance, the unit child support services shall issue a
withdrawal of a certificate of noncompliance to the appropriate
licensing authority.
Sec. 972. Section 252K.103, Code 2023, is amended to read
as follows:
252K.103 State tribunal and support enforcement agency.
1. The child Child support recovery unit services when
the unit child support services establishes or modifies an
order, upon ratification by the court, and the court, are the
tribunals of this state.
2. The child Child support recovery unit services created in
section 252B.2 is the support enforcement agency of this state.
Sec. 973. Section 252K.201, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. The individual asserted parentage of a child in the
declaration of paternity registry maintained in this state
by the Iowa department of public health and human services
pursuant to section 144.12A or established paternity by
affidavit under section 252A.3A.
Sec. 974. Section 252K.310, subsection 1, Code 2023, is
amended to read as follows:
1. The child Child support recovery unit services is the
state information agency under this chapter.
Sec. 975. Section 252K.319, subsection 2, unnumbered
-708-paragraph 1, Code 2023, is amended to read as follows:
If neither the obligor, nor the obligee who is an individual,
nor the child resides in this state, upon request from the
support enforcement agency of this state or another state, the
child support recovery unit services or a tribunal of this
state shall:
Sec. 976. Section 252K.703, Code 2023, is amended to read
as follows:
252K.703 Relationship of child support recovery unit services
to United States central authority.
The child Child support recovery unit services of this state
is recognized as the agency designated by the United States
central authority to perform specific functions under the
convention.
Sec. 977. Section 252K.704, Code 2023, is amended to read
as follows:
252K.704 Initiation by child support recovery unit services
of support proceeding under convention.
1. In a support proceeding under this article, the child
support recovery unit services of this state shall:
a. Transmit and receive applications.
b. Initiate or facilitate the institution of a proceeding
regarding an application in a tribunal of this state.
2. The following support proceedings are available to an
obligee under the convention:
a. Recognition or recognition and enforcement of a foreign
support order.
b. Enforcement of a support order issued or recognized in
this state.
c. Establishment of a support order if there is no existing
order, including, if necessary, determination of parentage of a
child.
d. Establishment of a support order if recognition of
a foreign support order is refused under section 252K.708,
subsection 2, paragraph “b”, “d”, or “i”.
-709- e. Modification of a support order of a tribunal of this
state.
f. Modification of a support order of a tribunal of another
state or a foreign country.
3. The following support proceedings are available under
the convention to an obligor against which there is an existing
support order:
a. Recognition of an order suspending or limiting
enforcement of an existing support order of a tribunal of this
state.
b. Modification of a support order of a tribunal of this
state.
c. Modification of a support order of a tribunal of another
state or a foreign country.
4. A tribunal of this state may not require security, bond,
or deposit, however described, to guarantee the payment of
costs and expenses in proceedings under the convention.
Sec. 978. Section 252K.705, subsection 4, Code 2023, is
amended to read as follows:
4. A petitioner filing a direct request is not entitled to
assistance from the child support recovery unit services.
Sec. 979. Section 252K.708, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The child Child support recovery unit services shall take
all appropriate measures to request a child support order for
the obligee if the application for recognition and enforcement
was received under section 252K.704.
Sec. 980. Section 256.1, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Educational supervision over the elementary and secondary
schools under the control of an administrator of a division of
the department of health and human services.
Sec. 981. Section 256.9, subsection 15, Code 2023, is
amended to read as follows:
15. Provide the same educational supervision for the
-710-schools maintained by the director of health and human services
as is provided for the public schools of the state and make
recommendations to the director of health and human services
for the improvement of the educational program in those
institutions.
Sec. 982. Section 256.9, subsection 31, paragraph b, Code
2023, is amended to read as follows:
b. Standards and materials developed shall include materials
which employ developmentally appropriate practices and
incorporate substantial parental involvement. The materials
and standards shall include alternative teaching approaches
including collaborative teaching and alternative dispute
resolution training. The department shall consult with the
child development coordinating council, the state child care
advisory committee established pursuant to section 135.173A,
the department of health and human services, the state board
of regents center for early developmental education, the
area education agencies, the department of human development
and family studies in the college of human sciences at
Iowa state university of science and technology, the early
childhood elementary division of the college of education at
the university of Iowa, and the college of education at the
university of northern Iowa, in developing these standards and
materials.
Sec. 983. Section 256.9, subsection 46, paragraph a, Code
2023, is amended to read as follows:
a. Develop and make available to school districts, examples
of age-appropriate and research-based materials and lists
of resources which parents may use to teach their children
to recognize unwanted physical and verbal sexual advances,
to not make unwanted physical and verbal sexual advances,
to effectively reject unwanted sexual advances, that it is
wrong to take advantage of or exploit another person, about
the dangers of sexual exploitation by means of the internet
including specific strategies to help students protect
-711-themselves and their personally identifiable information
from such exploitation, and about counseling, medical, and
legal resources available to survivors of sexual abuse and
sexual assault, including resources for escaping violent
relationships. The materials and resources shall cover verbal,
physical, and visual sexual harassment, including nonconsensual
sexual advances, and nonconsensual physical sexual contact. In
developing the materials and resource list, the director shall
consult with entities that shall include but not be limited to
the departments of health and human services, public health,
and public safety, education stakeholders, and parent-teacher
organizations. School districts shall provide age-appropriate
and research-based materials and a list of available community
and internet-based resources to parents at registration and
shall also include the age-appropriate and research-based
materials and resource list in the student handbook. School
districts are encouraged to work with their communities to
provide voluntary parent education sessions to provide parents
with the skills and appropriate strategies to teach their
children as described in this subsection. School districts
shall incorporate the age-appropriate and research-based
materials into relevant curricula and shall reinforce the
importance of preventive measures when reasonable with parents
and students.
Sec. 984. Section 256.9, subsection 50, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Convene, in collaboration with the department of public
health and human services, a nutrition advisory panel to
review research in pediatric nutrition conducted in compliance
with accepted scientific methods by recognized professional
organizations and agencies including but not limited to the
institute of medicine. The advisory panel shall submit its
findings and recommendations, which shall be consistent with
the dietary guidelines for Americans published jointly by the
United States department of health and human services and
-712-department of agriculture if in the judgment of the advisory
panel the guidelines are supported by the research findings, in
a report to the state board. The advisory panel may submit to
the state board recommendations on standards related to federal
school food programs if the recommendations are intended to
exceed the existing federal guidelines. The state board
shall consider the advisory panel report when establishing or
amending the nutritional content standards required pursuant
to section 256.7, subsection 29. The director shall convene
the advisory panel by July 1, 2008, and every five years
thereafter to review the report and make recommendations for
changes as appropriate. The advisory panel shall include
but is not limited to at least one Iowa state university
extension nutrition and health field specialist and at least
one representative from each of the following:
Sec. 985. Section 256.11, subsection 5, paragraph j,
subparagraph (1), Code 2023, is amended to read as follows:
(1) One unit of health education which shall include
personal health; food and nutrition; environmental health;
safety and survival skills; consumer health; family life;
age-appropriate and research-based human growth and
development; substance abuse use disorder and nonuse; emotional
and social health; health resources; and prevention and control
of disease, including age-appropriate and research-based
information regarding sexually transmitted diseases, including
HPV and the availability of a vaccine to prevent HPV, and
acquired immune deficiency syndrome.
Sec. 986. Section 256.16, subsection 1, paragraphs b and l,
Code 2023, are amended to read as follows:
b. Include in the professional education program,
preparation that contributes to the education of students
with disabilities and students who are gifted and talented,
preparation in developing and implementing individualized
education programs and behavioral intervention plans,
preparation for educating individuals in the least restrictive
-713-environment and identifying that environment, strategies that
address difficult and violent student behavior and improve
academic engagement and achievement, and preparation in
classroom management addressing high-risk behaviors including
but not limited to behaviors related to substance abuse use
disorder. Preparation required under this paragraph must be
successfully completed before graduation from the practitioner
preparation program.
l. If the rules adopted by the board of educational
examiners for issuance of any type or class of license require
an applicant to complete work in student teaching, pre-student
teaching experiences, field experiences, practicums, clinicals,
or internships, enter into a written contract with any school
district, accredited nonpublic school, preschool registered or
licensed by the department of health and human services, or
area education agency in Iowa, to provide for such work under
terms and conditions as agreed upon by the contracting parties.
The terms and conditions of a written contract entered into
with a preschool pursuant to this paragraph shall require
that a student teacher be under the direct supervision of an
appropriately licensed cooperating teacher who is employed
to teach at the preschool. Students actually teaching or
engaged in preservice licensure activities in a school district
under the terms of such a contract are entitled to the same
protection under section 670.8 as is afforded by that section
to officers and employees of the school district, during the
time such students are so assigned.
Sec. 987. Section 256.35A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. In addition, representatives of the department of
education, the division of vocational rehabilitation of the
department of education workforce development, the department
of public health, the department of health and human services,
the Iowa developmental disabilities council, the division
of insurance of the department of commerce, and the state
-714-board of regents shall serve as ex officio members of the
advisory council. Ex officio members shall work together in
a collaborative manner to serve as a resource to the advisory
council. The council may also form workgroups as necessary
to address specific issues within the technical purview of
individual members.
Sec. 988. Section 256.39, subsection 5, Code 2023, is
amended to read as follows:
5. In developing career pathways program efforts, each
consortium shall make every effort to cooperate with the
juvenile courts, the economic development authority, the
department of workforce development, the department of health
and human services, and the new Iowa schools development
corporation.
Sec. 989. Section 256.46, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. The child is a participant in a substance abuse use
disorder or mental health program.
Sec. 990. Section 256A.2, Code 2023, is amended to read as
follows:
256A.2 Child development coordinating council established.
1. A child development coordinating council is established
to promote the provision of child development services to
at-risk three-year-old and four-year-old children. The council
shall consist of the following members:
a. The administrator of the division of adult, children
and family services of the department of human services or the
administrator’s designee.
b. a. The director of the department of education or the
director’s designee.
c. b. The director of health and human services or the
director’s designee.
d. The director of the department of public health or the
director’s designee.
e. c. An early childhood specialist of an area education
-715-agency selected by the area education agency administrators.
f. d. The dean of the college of human sciences at Iowa
state university of science and technology or the dean’s
designee.
g. e. The dean of the college of education from the
university of northern Iowa or the dean’s designee.
h. f. The professor and head of the department of
pediatrics at the university of Iowa or the professor’s
designee.
i. g. A resident of this state who is a parent of a child
who is or has been served by a federal head start program.
2. Staff assistance for the council shall be provided by
the department of education. Members of the council shall be
reimbursed for actual and necessary expenses incurred while
engaged in their official duties and shall receive per diem
compensation at the level authorized under section 7E.6,
subsection 1, paragraph “a”.
Sec. 991. Section 256B.2, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. For those children who cannot adapt to the regular
educational or home living conditions, and who are attending
facilities under chapters 263, 269, and 270, upon the request
of the board of directors of an area education agency,
the department of health and human services shall provide
residential or detention facilities and the area education
agency shall provide special education programs and services.
The area education agencies shall cooperate with the board of
regents to provide the services required by this chapter.
Sec. 992. Section 256B.3, subsection 9, Code 2023, is
amended to read as follows:
9. To cooperate with existing agencies such as the
department of health and human services, the Iowa department of
public health, the Iowa school for the deaf, the Iowa braille
and sight saving school, the children’s hospitals, or other
agencies concerned with the welfare and health of children
-716-requiring special education in the coordination of their
educational activities for such children.
Sec. 993. Section 256B.5, Code 2023, is amended to read as
follows:
256B.5 Information available upon request by bureau.
The Iowa department of public health and human services
shall furnish to the state bureau of special education
upon request information obtained from birth certificates
relative to the name, address, and disability of any case of
developmental disability. The state child health specialty
clinics of the university of Iowa shall upon request furnish to
the state bureau of special education the name, address, and
disability of all children of their register.
Sec. 994. Section 256B.10, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of education shall work with the state
school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health and human
services for purposes of coordinating, developing, and
disseminating resources for use by parents or guardians, early
hearing detection and intervention programs, the state school
for the deaf, area education agencies, school districts, and
accredited nonpublic schools to inform deaf and hard-of-hearing
children’s expressive and receptive language acquisition or
development.
Sec. 995. Section 256B.10, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of education, in consultation with the state
school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health and human
services, shall select existing tools or assessments that may
be used by qualified educators to assess American sign language
and English language and literacy development of deaf and
-717-hard-of-hearing children from birth through age eight.
Sec. 996. Section 256B.10, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. The department of education shall work with the early
hearing detection and intervention program in the Iowa
department of public health and human services, the state
school for the deaf, and the area education agencies when
developing the guidelines. The department of education,
in consultation with the Iowa school for the deaf, shall
administer the family support mentoring program for deaf or
hard-of-hearing children.
Sec. 997. Section 256B.10, subsection 5, paragraph d,
subparagraph (5), Code 2023, is amended to read as follows:
(5) Reach out to parents of children identified through
the early hearing detection and intervention program in the
Iowa department of public health and human services and share
information about the family support mentoring program services
available to such parents.
Sec. 998. Section 256B.10, subsection 5, paragraph e, Code
2023, is amended to read as follows:
e. The department of education shall coordinate family
support mentoring activities with the early hearing detection
and intervention program in the Iowa department of public
health and human services, the state school for the deaf, the
area education agencies, and nonprofit organizations that
provide family support mentoring to parents with deaf or
hard-of-hearing children.
Sec. 999. Section 256B.15, subsections 7, 9, and 10, Code
2023, are amended to read as follows:
7. The area education agencies shall transfer to the
department of health and human services an amount equal to
the nonfederal share of the payments to be received from the
medical assistance program pursuant to chapter 249A. The
nonfederal share amount shall be transferred to the medical
assistance account prior to claims payment. This requirement
-718-does not apply to medical assistance reimbursement for
services provided by an area education agency under part C
of the federal Individuals With Disabilities Education Act.
Funds received under this section shall not be considered or
included as part of the area education agencies’ budgets when
calculating funds that are to be received by area education
agencies during a fiscal year.
9. The department of education and the department of health
and human services shall adopt rules to implement this section.
10. The department of health and human services shall offer
assistance to the area education agencies in the identification
of children eligible for reimbursement for services under this
section.
Sec. 1000. Section 256I.1, Code 2023, is amended to read as
follows:
256I.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Department” means the department of management health
and human services.
2. “Desired results” means the set of desired results for
improving the quality of life in this state for young children
and their families identified in section 256I.2.
3. “Early care”, “early care services”, or “early care
system” means the programs, services, support, or other
assistance made available to a parent or other person who is
involved with addressing the health and education needs of a
child from zero through age five. “Early care”, “early care
services”, or “early care system” includes but is not limited to
public and private efforts and formal and informal settings.
4. “Early childhood Iowa area” means a geographic area
designated in accordance with this chapter.
5. “Early childhood Iowa area board” or “area board”
means the board for an early childhood Iowa area created in
accordance with this chapter.
-719- 6. “Early childhood Iowa program” or “program” means the
early childhood Iowa program established in section 256I.5.
6. 7. “Early childhood Iowa state board” or “state board”
means the early childhood Iowa state board created in section
256I.3.
Sec. 1001. Section 256I.3, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The board shall consist of twenty-one nineteen voting
members with fifteen citizen members and six four state agency
members. The six state agency members shall be the directors
or their designees of the following agencies: economic
development authority, education, human rights, health and
human services, public health, and workforce development.
The designees of state agency directors shall be selected on
an annual basis. The citizen members shall be appointed by
the governor, subject to confirmation by the senate. The
governor’s appointments of citizen members shall be made in
a manner so that each of the state’s congressional districts
is represented by at least two citizen members and so that
all the appointments as a whole reflect the ethnic, cultural,
social, and economic diversity of the state. A member of the
state board shall not be a provider of services or other entity
receiving funding through the early childhood Iowa initiative
or be employed by such a provider or other entity.
Sec. 1002. Section 256I.4, subsection 15, Code 2023, is
amended to read as follows:
15. Work with the early childhood Iowa office program
in building public-private partnerships for promoting the
collaborative early care, education, health, and human services
system.
Sec. 1003. Section 256I.5, subsection 2, Code 2023, is
amended to read as follows:
2. An early childhood Iowa office program is established
in the department to provide leadership for facilitation,
communication, and coordination for the early childhood Iowa
-720-initiative activities and funding and for improvement of the
early care, education, health, and human services systems. An
administrator for the early childhood Iowa office program shall
be appointed by the director of the department. Other staff
may also be designated, subject to appropriation made for this
purpose.
Sec. 1004. Section 256I.5, subsection 4, Code 2023, is
amended to read as follows:
4. The office program shall work with the state and
area boards to provide leadership for comprehensive system
development. The office program shall also do all of the
following:
a. Enter into memoranda of agreement with the departments
of education, human rights, human services, public health, and
workforce development and the economic development authority to
formalize the commitments of the respective departments and the
authority to collaborating with and integrating a comprehensive
early care, education, health, and human services system.
Items addressed in the memoranda shall include but are not
limited to data sharing and providing staffing to the technical
assistance team.
b. Work with private businesses, foundations, and nonprofit
organizations to develop sustained funding.
c. Maintain the internet site in accordance with section
256I.10.
d. Propose any needed revisions to administrative rules
based on stakeholder input.
e. Provide technical support to the state and area boards
and to the early childhood Iowa areas through staffing services
made available through the state agencies that serve on the
state board.
f. Develop, collect, disseminate, and provide guidance for
common performance measures for the programs receiving funding
under the auspices of the area boards.
g. If a disagreement arises within an early childhood Iowa
-721-area regarding the interests represented on the area’s board,
board decisions, or other disputes that cannot be locally
resolved, upon request, provide state or regional technical
assistance as deemed appropriate by the office program to
assist the area in resolving the disagreement.
Sec. 1005. Section 256I.11, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A school ready children grants account is created in the
fund under the authority of the director of the department of
education. Moneys credited to the account are appropriated
to and shall be distributed by the department of education in
the form of grants to early childhood Iowa areas pursuant to
criteria established by the state board in accordance with law.
Sec. 1006. Section 256I.11, subsection 4, paragraphs a, b,
and c, Code 2023, are amended to read as follows:
a. An early childhood programs grant account is created in
the fund under the authority of the director of the department
of human services. Moneys credited to the account are
appropriated to and shall be distributed by the department of
human services in the form of grants to early childhood Iowa
areas pursuant to criteria established by the state board in
accordance with law. The criteria shall include but are not
limited to a requirement that an early childhood Iowa area must
be designated by the state board in order to be eligible to
receive an early childhood programs grant.
b. An early childhood Iowa area receiving funding from
the early childhood programs grant account shall comply with
any federal reporting requirements associated with the use
of that funding and other results and reporting requirements
established by the state board. The department of human
services shall provide technical assistance in identifying and
meeting the federal requirements. The availability of funding
provided from the account is subject to changes in federal
requirements and amendments to Iowa law.
c. The moneys distributed from the early childhood programs
-722-grant account shall be used by early childhood Iowa areas
for the purposes of enhancing quality child care capacity in
support of parent capability to obtain or retain employment.
The moneys shall be used with a primary emphasis on low-income
families and children from zero to age five. Moneys shall be
provided in a flexible manner and shall be used to implement
strategies identified by the early childhood Iowa area to
achieve such purposes. The department of human services may
use a portion of the funding appropriated to the department
under this subsection for provision of technical assistance and
other support to the early childhood Iowa areas developing and
implementing strategies with grant moneys distributed from the
account.
Sec. 1007. Section 256I.11, subsection 5, Code 2023, is
amended to read as follows:
5. A first years first account is created in the fund under
the authority of the department of management. The account
shall consist of gift or grant moneys obtained from any source,
including but not limited to the federal government. Moneys
credited to the account are appropriated to the department to
be used for the early childhood-related purposes for which the
moneys were received.
Sec. 1008. Section 256I.12, subsections 6 and 7, Code 2023,
are amended to read as follows:
6. Steering committee. The early childhood stakeholders
alliance shall operate with a steering committee to organize,
manage, and coordinate the activities of the alliance and its
component groups. The steering committee may act on behalf of
the alliance as necessary. The steering committee membership
shall consist of the co-chairpersons of the alliance’s
component groups, the administrator of the early childhood Iowa
office program, and other leaders designated by the alliance.
7. Component groups. The early childhood stakeholders
alliance shall maintain component groups to address the
key components of the Iowa early childhood system. Each
-723-component group shall have one private and one public agency
co-chairperson. The alliance may change the component groups
as deemed necessary by the alliance. Initially, there shall
be a component group for each of the following: The component
groups shall implement the strategic plan created pursuant to
section 256I.4.
a. Governance planning and administration.
b. Professional development.
c. Public engagement.
d. Quality services and programs.
e. Resources and funding.
f. Results accountability.
Sec. 1009. Section 256I.13, subsection 1, Code 2023, is
amended to read as follows:
1. In order to implement the legislative intent stated in
sections 135.106 and 256I.9, that priority for family support
program funding be given to programs using evidence-based or
promising models for family support, it is the intent of the
general assembly that by July 1, 2016, ninety percent of state
funds expended for family support programs shall be used for
evidence-based or promising program models. The remaining ten
percent of funds may be used for innovative program models that
do not yet meet the definition of evidence-based or promising
programs.
Sec. 1010. Section 256I.13, subsection 3, paragraphs b and
e, Code 2023, are amended to read as follows:
b. The data on families served that is collected by the
family support programs funded through the early childhood
Iowa initiative shall include but is not limited to basic
demographic information, services received, funding utilized,
and program outcomes for the children and families served. The
state board shall adopt performance benchmarks for the family
support programs and shall revise the Iowa family support
credential to incorporate the performance benchmarks on or
before January 1, 2014.
-724- e. The state board shall develop a plan to implement a
coordinated intake and referral process for publicly funded
family support programs in order to engage the families
expecting a child or with newborn and infant children through
age five in all communities in the state by July 1, 2015.
Sec. 1011. Section 257.11, subsection 4, paragraph e,
subparagraphs (2) and (3), Code 2023, are amended to read as
follows:
(2) The pupil is not in a court-ordered placement under
chapter 232 under the care and custody of the department of
health and human services or juvenile court services.
(3) The pupil is not in the state training school pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services.
Sec. 1012. Section 257.41, subsection 4, paragraphs b and c,
Code 2023, are amended to read as follows:
b. The student is not in a court-ordered placement under
chapter 232 under the care and custody of the department of
health and human services or juvenile court services.
c. The student is not in the state training school pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services.
Sec. 1013. Section 260C.40, Code 2023, is amended to read
as follows:
260C.40 Prohibition of controlled substances.
Each community college shall adopt a policy that prohibits
unlawful possession, use, or distribution of controlled
substances by students and employees on property owned
or leased by the community college or in conjunction with
activities sponsored by a community college. Each community
college shall provide information about the policy to all
students and employees. The policy shall include a clear
statement of sanctions for violation of the policy and
information about available drug or alcohol counseling and
rehabilitation programs. In carrying out this policy, the
-725-community college shall provide substance abuse use disorder
prevention programs for students and employees.
Sec. 1014. Section 261.2, subsection 6, Code 2023, is
amended to read as follows:
6. Develop and implement, in cooperation with the
department of health and human services and the judicial
branch, a program to assist juveniles who are sixteen years of
age or older and who have a case permanency plan under chapter
232 or 237 or are otherwise under the jurisdiction of chapter
232 in applying for federal and state aid available for higher
education.
Sec. 1015. Section 261.9, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Adopts a policy that prohibits unlawful possession,
use, or distribution of controlled substances by students and
employees on property owned or leased by the institution or
in conjunction with activities sponsored by the institution.
Each institution shall provide information about the policy
to all students and employees. The policy shall include a
clear statement of sanctions for violation of the policy
and information about available drug or alcohol counseling
and rehabilitation programs. In carrying out this policy,
an institution shall provide substance abuse use disorder
prevention programs for students and employees.
Sec. 1016. Section 261.71, subsection 3, Code 2023, is
amended to read as follows:
3. For purposes of this section “graduate student” means
a student who has completed at least ninety semester hours,
or the trimester or quarter equivalent, of postsecondary
course work at a public higher education institution or at an
accredited private institution, as defined under section 261.9.
“Underserved area” means a geographical area included on the
Iowa governor’s health practitioner shortage area list, which
is compiled by the center for rural health and primary care
of the Iowa department of public health and human services.
-726-The commission shall adopt rules, consistent with rules used
for students enrolled in higher education institutions under
the control of the state board of regents, for purposes of
determining Iowa residency status of graduate students under
this section. The commission shall also adopt rules which
provide standards, guidelines, and procedures for the receipt,
processing, and administration of student applications and
loans under this section.
Sec. 1017. Section 261.87, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. “Eligible foster care student” means a person who has a
high school diploma or a high school equivalency diploma under
chapter 259A and is described by any of the following:
(1) Is age seventeen and is in a court-ordered placement
under chapter 232 under the care and custody of the department
of health and human services or juvenile court services.
(2) Is age seventeen and has been placed in a state juvenile
institution pursuant to a court order entered under chapter
232 under the care and custody of the department of health and
human services.
(3) Is described by any of the following:
(a) On the date the person reached age eighteen or during
the thirty calendar days preceding or succeeding that date,
the person was in a licensed foster care placement pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services or
juvenile court services.
(b) On the date the person reached age eighteen or during
the thirty calendar days preceding or succeeding that date, the
person was under a court order under chapter 232 to live with a
relative or other suitable person.
(c) The person was in a licensed foster care placement
pursuant to an order entered under chapter 232 prior to being
legally adopted after reaching age sixteen.
(d) On the date the person reached age eighteen or during
-727-the thirty calendar days preceding or succeeding that date,
the person was placed in a state juvenile institution pursuant
to a court order entered under chapter 232 under the care and
custody of the department of health and human services.
Sec. 1018. Section 262.9A, Code 2023, is amended to read as
follows:
262.9A Prohibition of controlled substances.
The state board of regents shall adopt a policy that
prohibits unlawful possession, use, or distribution of
controlled substances by students and employees on property
owned or leased by an institution or in conjunction with
activities sponsored by an institution governed by the board.
Each institution shall provide information about the policy
to all students and employees. The policy shall include a
clear statement of sanctions for violation of the policy
and information about available drug or alcohol counseling
and rehabilitation programs. In carrying out this policy,
the institutions shall provide substance abuse use disorder
prevention programs for students and employees.
Sec. 1019. Section 262.70, Code 2023, is amended to read as
follows:
262.70 Education, prevention, and research programs in mental
health and disability services.
The division of mental health and disability services of
the department of health and human services may contract with
the board of regents or any institution under the board’s
jurisdiction to establish and maintain programs of education,
prevention, and research in the fields of mental health,
intellectual disability, developmental disabilities, and
brain injury. The board may delegate responsibility for these
programs to the state psychiatric hospital, the university
hospital, or any other appropriate entity under the board’s
jurisdiction.
Sec. 1020. Section 262.71, Code 2023, is amended to read as
follows:
-728- 262.71 Center for early development education.
The board of regents shall develop a center for early
development education at one of the regents institutions
specified in section 262.7, subsections 1 through 3. The
center’s programs shall be conducted in a laboratory school
setting to serve as a model for early childhood education.
The programs shall include, but not be limited to, programs
designed to accommodate the needs of at-risk children. The
teacher education programs at all three state universities
shall cooperate in developing the center and its programs. The
center’s programs shall take a holistic approach and the center
shall, in developing its programs, consult with representatives
from each of the following agencies, institutions, or groups:
1. The university of northern Iowa.
2. Iowa state university.
3. The university of Iowa.
4. The division of child and family services of the
department of human services.
5. The department of public health.
6. 4. The department of health and human services.
7. 5. An early childhood development specialist from an
area education agency.
8. 6. A parent of a child in a head start program.
9. 7. The department of education.
10. 8. The child development coordinating council.
Sec. 1021. Section 262.78, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The center shall cooperate with the center for rural
health and primary care, established under department of health
and human services pursuant to section 135.107, the center
for health effects of environmental contamination established
pursuant to section 263.17, and the department of agriculture
and land stewardship. The agencies shall coordinate programs
to the extent practicable.
3. The president of the university of Iowa, in consultation
-729-with the president of Iowa state university of science and
technology, shall employ a full-time director of the center.
The center may employ staff to carry out the center’s purpose.
The director shall coordinate the agricultural health and
safety programs of the center. The director shall regularly
meet and consult with the center for rural health and primary
care department of health and human services pursuant to
section 135.107. The director shall provide the board of
regents with relevant information regarding the center.
Sec. 1022. Section 263.8, subsection 2, Code 2023, is
amended to read as follows:
2. In addition to its regular work, the state hygienic
laboratory shall perform without charge all bacteriological,
serological, and epidemiological examinations and
investigations which may be required by the Iowa department of
public health and human services and the department shall adopt
rules pursuant to chapter 17A therefor for the examinations
and investigations. The laboratory shall also provide, those
laboratory, scientific field measurement, and environmental
quality services which, by contract, are requested by the other
agencies of government.
Sec. 1023. Section 263.10, Code 2023, is amended to read as
follows:
263.10 Persons admitted.
Every resident of the state who is not more than twenty-one
years of age, who has such severe disabilities as to be unable
to acquire an education in the public or accredited nonpublic
schools, and every such person who is twenty-one and under
thirty-five years of age who has the consent of the state board
of regents, shall be entitled to receive an education, care,
and training in the university of Iowa hospitals and clinics
center for disabilities and development, and nonresidents
similarly situated may be entitled to an education and care at
the center upon such terms as may be fixed by the state board
of regents. The fee for nonresidents shall be not less than
-730-the average expense of resident pupils and shall be paid in
advance. Residents and persons under the care and control of a
director of a division of the department of health and human
services who have severe disabilities may be transferred to the
center upon such terms as may be agreed upon by the state board
of regents and the director of health and human services.
Sec. 1024. Section 263.17, subsection 2, paragraph a,
subparagraph (10), Code 2023, is amended to read as follows:
(10) The Iowa department of public health and human
services.
Sec. 1025. Section 263.17, subsection 7, Code 2023, is
amended to read as follows:
7. The center shall cooperate with the center for rural
health and primary care, established under department of
health and human services pursuant to section 135.107, the
center for agricultural safety and health established under
section 262.78, and the department of agriculture and land
stewardship. The agencies shall coordinate programs to the
extent practicable.
Sec. 1026. Section 263.21, Code 2023, is amended to read as
follows:
263.21 Transfer of patients from state institutions.
The director of the department of health and human services,
in respect to institutions under the director’s control, the
administrator of any of the divisions of the department, in
respect to the institutions under the administrator’s control,
the director of the department of corrections, in respect to
the institutions under the department’s control, and the state
board of regents, in respect to the Iowa braille and sight
saving school and the Iowa school for the deaf, may send any
inmate, student, or patient of an institution, or any person
committed or applying for admission to an institution, to
the university of Iowa hospitals and clinics for treatment
and care. The department of health and human services, the
department of corrections, and the state board of regents shall
-731-respectively pay the traveling expenses of such patient, and
when necessary the traveling expenses of an attendant for
the patient, out of funds appropriated for the use of the
institution from which the patient is sent.
Sec. 1027. Section 263B.7, Code 2023, is amended to read as
follows:
263B.7 Ancient remains.
The state archaeologist has the primary responsibility
for investigating, preserving, and reinterring discoveries
of ancient human remains. For the purposes of this section,
ancient human remains are those remains found within the state
which are more than one hundred fifty years old. The state
archaeologist shall make arrangements for the services of a
forensic osteologist in studying and interpreting ancient
burials and may designate other qualified archaeologists to
assist the state archaeologist in recovering physical and
cultural information about the ancient burials. The state
archaeologist shall file with the Iowa department of public
health and human services a written report containing both
physical and cultural information regarding the remains at the
conclusion of each investigation.
Sec. 1028. Section 272C.1, subsection 6, paragraph ad, Code
2023, is amended to read as follows:
ad. The director of public health and human services in
certifying emergency medical care providers and emergency
medical care services pursuant to chapter 147A.
Sec. 1029. Section 272C.3, subsection 1, paragraph k, Code
2023, is amended to read as follows:
k. Establish a licensee review committee for the purpose
of evaluating and monitoring licensees who are impaired as
a result of alcohol or drug abuse substance use disorder,
dependency, or addiction, or by any mental or physical disorder
or disability, and who self-report the impairment to the
committee, or who are referred by the board to the committee.
Members of the committee shall receive actual expenses for the
-732-performance of their duties and shall be eligible to receive
per diem compensation pursuant to section 7E.6. The board
shall adopt rules for the establishment and administration of
the committee, including but not limited to establishment of
the criteria for eligibility for referral to the committee and
the grounds for disciplinary action for noncompliance with
committee decisions. Information in the possession of the
board or the licensee review committee, under this paragraph,
shall be subject to the confidentiality requirements of section
272C.6. Referral of a licensee by the board to a licensee
review committee shall not relieve the board of any duties
of the board and shall not divest the board of any authority
or jurisdiction otherwise provided. A licensee who violates
section 272C.10 or the rules of the board while under review by
the licensee review committee shall be referred to the board
for appropriate action.
Sec. 1030. Section 272C.6, subsection 6, paragraph b, Code
2023, is amended to read as follows:
b. The department of agriculture and land stewardship, the
department of commerce insurance and financial services, the
department of inspections, appeals, and licensing, and the Iowa
department of public health and human services shall each adopt
rules pursuant to chapter 17A which provide for the allocation
of fees and costs collected pursuant to this section to the
board under its jurisdiction collecting the fees and costs.
The fees and costs shall be considered repayment receipts as
defined in section 8.2.
Sec. 1031. Section 279.49, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. The board of directors of a school corporation may
operate or contract for the operation of a program to provide
child care to children not enrolled in school or to students
enrolled in kindergarten through grade six before and after
school, or to both. Programs operated or contracted by a
board shall be licensed by the department of health and human
-733-services under chapter 237A as a child care center unless
the program is exempt from licensure under chapter 237A.
Notwithstanding requirements of the department of health and
human services regarding space allocated to child care centers
licensed under chapter 237A, a program operated or contracted
by a board which is located on school grounds may define
alternative spaces, in policy and procedures, appropriate to
meet the needs of children in the program if the primary space
is required for another use.
3. The facilities housing a program operated under this
section shall comply with standards adopted by the state fire
marshal for school buildings under chapter 100. In addition,
if a program involves children who are younger than school
age, the facilities housing those children shall meet the fire
safety standards which would apply to that age of child in a
child care facility licensed by the department of health and
human services.
Sec. 1032. Section 279.50, subsection 8, Code 2023, is
amended to read as follows:
8. The department of education shall identify and
disseminate information about early intervention programs
for students who are at the greatest risk of suffering from
the problem of dropping out of school, substance abuse use
disorder, adolescent pregnancy, or suicide.
Sec. 1033. Section 279.60, subsection 2, Code 2023, is
amended to read as follows:
2. The school district shall also collect information from
each parent, guardian, or legal custodian of a kindergarten
student enrolled in the district on whether the student
attended preschool. Each school district shall report the
preschool information collected to the department of education
in the manner prescribed by the department not later than
January 1 of that school year. The early childhood Iowa office
program in the department of management health and human
services shall have access to the raw data. The department of
-734-education shall review the information submitted pursuant to
this section and shall submit its findings and recommendations
annually in a report to the governor, the general assembly, the
early childhood Iowa state board, and the early childhood Iowa
area boards.
Sec. 1034. Section 279.76, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. “Emergent care situation” means a sudden or unforeseen
occurrence or onset of a medical or behavioral condition that
could result in serious injury or harm to a student or others
in the event immediate medical attention is not provided.
“Emergent care situation” includes the need to screen a student
or others for symptoms or exposures during an outbreak or
public health event of concern as designated by the department
of public health and human services.
Sec. 1035. Section 280.13C, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The department of public health and human services, the
Iowa high school athletic association, and the Iowa girls high
school athletic union shall work together to develop training
materials and courses regarding concussions and brain injuries,
including training regarding evaluation, prevention, symptoms,
risks, and long-term effects of concussions and brain injuries.
Each coach or contest official shall complete such training at
least every two years.
Sec. 1036. Section 280.13C, subsection 4, Code 2023, is
amended to read as follows:
4. Guidelines and information sheet.
a. The department of public health and human services, the
Iowa high school athletic association, and the Iowa girls high
school athletic union shall work together to distribute the
guidelines of the centers for disease control and prevention
of the United States department of health and human services
and other pertinent information to inform and educate coaches,
students, and the parents and guardians of students of the
-735-risks, signs, symptoms, and behaviors consistent with a
concussion or brain injury, including the danger of continuing
to participate in extracurricular interscholastic activities
after suffering a concussion or brain injury and their
responsibility to report such signs, symptoms, and behaviors
if they occur.
b. For school years beginning on or after July 1, 2018,
each school district and nonpublic school shall provide to the
parent or guardian of each student in grades seven through
twelve a concussion and brain injury information sheet,
as provided by the department of public health and human
services, the Iowa high school athletic association, and the
Iowa girls high school athletic union. The student and the
student’s parent or guardian shall sign and return a copy
of the concussion and brain injury information sheet to the
student’s school prior to the student’s participation in any
extracurricular interscholastic activity.
Sec. 1037. Section 280.13C, subsection 6, paragraph a, Code
2023, is amended to read as follows:
a. The department of public health and human services, in
cooperation with the Iowa high school athletic association
and the Iowa girls high school athletic union, shall develop
a return-to-play protocol based on peer-reviewed scientific
evidence consistent with the guidelines of the centers for
disease control and prevention of the United States department
of health and human services, for a student’s return to
participation in any extracurricular interscholastic activity
after showing signs, symptoms, or behaviors consistent with a
concussion or brain injury. The department of public health
and human services shall adopt the return-to-play protocol
by rule pursuant to chapter 17A. The board of directors
of each school district and the authorities in charge of
each accredited nonpublic school with enrolled students who
participate in an extracurricular interscholastic activity
which is a contest in grades seven through twelve shall adopt
-736-such protocol by July 1, 2019.
Sec. 1038. Section 280.16, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. “Bronchodilator” means a bronchodilator as recommended
by the department of public health and human services for
treatment of a student’s respiratory distress, asthma, or other
airway constricting disease.
Sec. 1039. Section 280.16, subsection 7, Code 2023, is
amended to read as follows:
7. The Iowa braille and sight saving school, the Iowa school
for the deaf, and the institutions under the control of the
department of health and human services as provided in section
218.1 are exempt from the provisions of this section.
Sec. 1040. Section 280.17, subsection 1, Code 2023, is
amended to read as follows:
1. The board of directors of a school district and the
authorities in charge of a nonpublic school shall prescribe
procedures, in accordance with the guidelines contained in
the model policy developed by the department of education in
consultation with the department of health and human services,
and adopted by the department of education pursuant to chapter
17A, for the handling of reports of child abuse, as defined in
section 232.68, subsection 2, paragraph “a”, subparagraph (1),
(3), or (5), alleged to have been committed by an employee or
agent of the public or nonpublic school.
Sec. 1041. Section 280.25, subsection 1, Code 2023, is
amended to read as follows:
1. The board of directors of each public school and the
authorities in charge of each accredited nonpublic school
shall adopt a policy and the superintendent of each public
school shall adopt rules which provide that the school
district or school may share information contained within a
student’s permanent record pursuant to an interagency agreement
with state and local agencies that are part of the juvenile
justice system. These agencies include, but are not limited
-737-to, juvenile court services, the department of health and
human services, and local law enforcement authorities. The
disclosure of information shall be directly related to the
juvenile justice system’s ability to effectively serve, prior
to adjudication, the student whose records are being released.
Sec. 1042. Section 280.29, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Enter into a memorandum of understanding with the
department of health and human services regarding the exchange
of information as appropriate to facilitate the enrollment
transition of children adjudicated under chapter 232 or
receiving foster care services from one school to another
school.
Sec. 1043. Section 280.32, subsections 3 and 6, Code 2023,
are amended to read as follows:
3. Radon testing pursuant to this section conducted on and
after July 1, 2022, shall be conducted by a person certified
to conduct such testing pursuant to section 136B.1 or by
district employees that have completed a school radon testing
training program approved by the department of education and
the department of public health and human services. District
employees that have completed training shall not perform
testing services in locations other than the employee’s
employing district. The department of public health and human
services shall maintain and make available to school districts
a list of such approved school radon testing training programs.
Testing shall be based on recognized national standards that
outline school radon testing practices.
6. In consultation with appropriate stakeholders and the
department of education, the department of public health and
human services shall adopt rules to administer this section.
Sec. 1044. Section 280A.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Behavioral health screening” or “screening” means a
screening and assessment performed using a universal behavioral
-738-health screening and assessment tool, approved for use by the
department of education in consultation with the department of
public health and the department of human services, to identify
factors that place children at higher risk for behavioral
health conditions, to determine appropriate treatment or
intervention, and to identify the need for referral for
appropriate services.
Sec. 1045. Section 282.18, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. If a request to transfer is due to a change in family
residence, a change in a child’s residence from the residence
of one parent or guardian to the residence of a different
parent or guardian, a change in the state in which the family
residence is located, a change in a child’s parents’ marital
status, a guardianship proceeding, placement in foster care,
adoption, participation in a foreign exchange program, or
participation in a substance abuse use disorder or mental
health treatment program, and the child who is the subject of
the request is enrolled in any grade from kindergarten through
grade twelve or who is a prekindergarten student enrolled in a
special education program at the time of the request and is not
currently using any provision of open enrollment, the parent or
guardian of the child shall have the option to have the child
remain in the child’s original district of residence under open
enrollment with no interruption in the child’s educational
program. If a parent or guardian exercises this option, the
child’s new district of residence is not required to pay the
amount calculated in subsection 5 or 6, as applicable, until
the start of the first full year of enrollment of the child.
Sec. 1046. Section 282.18, subsection 9, paragraph a,
subparagraph (8), Code 2023, is amended to read as follows:
(8) If the pupil participates in open enrollment because
of circumstances that meet the definition of good cause. For
purposes of this subparagraph, “good cause” means a change in a
child’s residence due to a change in family residence, a change
-739-in a child’s residence from the residence of one parent or
guardian to the residence of a different parent or guardian, a
change in the state in which the family residence is located,
a change in a child’s parents’ marital status, a guardianship
or custody proceeding, placement in foster care, adoption,
participation in a foreign exchange program, initial placement
of a prekindergarten student in a special education program
requiring specially designed instruction, or participation
in a substance abuse use disorder or mental health treatment
program, a change in the status of a child’s resident district
such as removal of accreditation by the state board, surrender
of accreditation, or permanent closure of a nonpublic school,
revocation of a charter school contract as provided in section
256E.10 or 256F.8, the failure of negotiations for a whole
grade sharing, reorganization, dissolution agreement, or the
rejection of a current whole grade sharing agreement, or
reorganization plan.
Sec. 1047. Section 282.19, Code 2023, is amended to read as
follows:
282.19 Child living in substance abuse use disorder or foster
care placement.
1. A child who is living in a facility that provides
residential treatment as “facility” is defined in section
125.2, which is located in a school district other than the
school district in which the child resided before entering the
facility may enroll in and attend an accredited school in the
school district in which the child is living.
2. A child who is living in a licensed individual or agency
child foster care facility, as defined in section 237.1, or
in an unlicensed relative foster care placement, shall remain
enrolled in and attend an accredited school in the school
district in which the child resided and is enrolled at the
time of placement, unless it is determined by the juvenile
court or the public or private agency of this state that has
responsibility for the child’s placement that remaining in such
-740-school is not in the best interests of the child. If such
a determination is made, the child may attend an accredited
school located in the school district in which the child is
living and not in the school district in which the child
resided prior to receiving foster care.
3. The instructional costs for students who do not require
special education shall be paid as provided in section 282.31,
subsection 1, paragraph “b”, or for students who require
special education shall be paid as provided in section 282.31,
subsection 2 or 3.
Sec. 1048. Section 282.27, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The child is not placed by the department of health and
human services or a court in a day program treatment program in
such psychiatric unit or institution.
Sec. 1049. Section 282.27, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The child is not placed by the department of health and
human services or a court in a day program treatment program in
such psychiatric unit or institution.
Sec. 1050. Section 282.33, subsection 1, Code 2023, is
amended to read as follows:
1. A child who resides in an institution for children
under the jurisdiction of the director of health and human
services referred to in section 218.1, subsection 3, 4, or
5, or 6, and who is not enrolled in the educational program
of the district of residence of the child, shall receive
appropriate educational services. The institution in which
the child resides shall submit a proposed program and budget
based on the average daily attendance of the children residing
in the institution to the department of education and the
department of health and human services by January 1 for the
next succeeding school year. The department of education shall
review and approve or modify the proposed program and budget
and shall notify the department of administrative services of
-741-its action by February 1. The department of administrative
services shall pay the approved budget amount to the department
of health and human services in monthly installments beginning
September 15 and ending June 15 of the next succeeding school
year. The installments shall be as nearly equal as possible as
determined by the department of administrative services, taking
into consideration the relative budget and cash position of the
state’s resources. The department of administrative services
shall pay the approved budget amount for the department
of health and human services from the moneys appropriated
under section 257.16 and the department of health and human
services shall distribute the payment to the institution. The
institution shall submit an accounting for the actual cost of
the program to the department of education by August 1 of the
following school year. The department shall review and approve
or modify all expenditures incurred in compliance with the
guidelines adopted pursuant to section 256.7, subsection 10,
and shall notify the department of administrative services of
the approved accounting amount. The approved accounting amount
shall be compared with any amounts paid by the department of
administrative services to the department of health and human
services and any differences added to or subtracted from the
October payment made under this subsection for the next school
year. Any amount paid by the department of administrative
services shall be deducted monthly from the state foundation
aid paid under section 257.16 to all school districts in the
state during the subsequent fiscal year. The portion of the
total amount of the approved budget that shall be deducted from
the state aid of a school district shall be the same as the
ratio that the budget enrollment for the budget year of the
school district bears to the total budget enrollment in the
state for that budget year in which the deduction is made.
Sec. 1051. Section 283A.2, subsection 3, Code 2023, is
amended to read as follows:
3. Each school district that operates or provides for
-742-a school breakfast or lunch program shall provide for the
forwarding of information from the applications for the school
breakfast or lunch program, for which federal funding is
provided, to identify children for enrollment in the medical
assistance program pursuant to chapter 249A or the healthy
and well kids in Iowa program pursuant to chapter 514I to the
department of health and human services.
Sec. 1052. Section 285.1, subsection 1, paragraph a,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Children attending prekindergarten programs offered or
sponsored by the district or nonpublic school and approved by
the department of education or department of health and human
services or children participating in preschool in an approved
local program under chapter 256C may be provided transportation
services. However, transportation services provided to
nonpublic school children are not eligible for reimbursement
under this chapter.
Sec. 1053. Section 303.3C, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of cultural affairs shall establish
and administer an Iowa great places program for purposes
of combining resources of state government in an effort to
showcase the unique and authentic qualities of communities,
regions, neighborhoods, and districts that make such places
exceptional places to work and live. The department of
cultural affairs shall provide administrative assistance to
the Iowa great places board. The department of cultural
affairs shall coordinate the efforts of the Iowa great places
board with the efforts of state agencies participating in
the program which shall include, but not be limited to, the
economic development authority, the Iowa finance authority, the
department of health and human rights services, the department
of natural resources, the state department of transportation,
and the department of workforce development.
Sec. 1054. Section 307.24, subsection 5, paragraph b, Code
-743-2023, is amended to read as follows:
b. For department of health and human services facility
roads, six and one-half percent.
Sec. 1055. Section 321.1, subsection 8, paragraph g, Code
2023, is amended to read as follows:
g. If authorized to transport patients or clients by the
director of the department of health and human services or the
director’s designee, an employee of the department of health
and human services is not a chauffeur when transporting the
patients or clients in an automobile.
Sec. 1056. Section 321.19, subsection 1, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health and human
services, the department of inspections and appeals, and the
department of revenue, who are regularly assigned to conduct
investigations which cannot reasonably be conducted with a
vehicle displaying “official” state registration plates.
Sec. 1057. Section 321.34, subsection 11A, paragraphs b and
c, Code 2023, are amended to read as follows:
b. Love our kids plates shall be designed by the department
in cooperation with the Iowa department of public health and
human services.
c. The special fee for letter-number designated love our
kids plates is thirty-five dollars. The fee for personalized
love our kids plates is twenty-five dollars, which shall
be paid in addition to the special love our kids fee of
thirty-five dollars. The fees collected by the director under
this subsection shall be paid monthly to the treasurer of
state and deposited in the road use tax fund. The treasurer
of state shall transfer monthly from the statutory allocations
fund created under section 321.145, subsection 2, to the Iowa
department of public health and human services the amount
of the special fees collected in the previous month for the
-744-love our kids plates. Notwithstanding section 8.33, moneys
transferred under this subsection shall not revert to the
general fund of the state.
Sec. 1058. Section 321.34, subsection 23, paragraph c, Code
2023, is amended to read as follows:
c. The special fee for letter-number designated breast
cancer awareness plates is thirty-five dollars. The fee for
personalized breast cancer awareness plates is twenty-five
dollars, which shall be paid in addition to the special
breast cancer awareness fee of thirty-five dollars. The fees
collected by the director under this subsection shall be paid
monthly to the treasurer of state and deposited in the road
use tax fund. The treasurer of state shall transfer monthly
from the statutory allocations fund created under section
321.145, subsection 2, to the Iowa department of public health
and human services the amount of the special fees collected
in the previous month for the breast cancer awareness plates
and such funds are appropriated to the Iowa department of
public health and human services. The Iowa department of
public health and human services shall distribute one hundred
percent of the funds received monthly in the form of grants to
support breast cancer screenings for both men and women who
meet eligibility requirements like those established by the
Susan G. Komen foundation. In the awarding of grants, the Iowa
department of public health and human services shall give first
consideration to affiliates of the Susan G. Komen foundation
and similar nonprofit organizations providing for breast cancer
screenings at no cost in Iowa. Notwithstanding section 8.33,
moneys transferred under this subsection shall not revert to
the general fund of the state.
Sec. 1059. Section 321.178, subsection 1, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) A minimum of four hours of instruction concerning
substance abuse use disorder and distracted driving.
Sec. 1060. Section 321.178A, subsection 3, paragraph a,
-745-subparagraph (2), Code 2023, is amended to read as follows:
(2) Instruction concerning substance abuse use disorder and
distracted driving.
Sec. 1061. Section 321.215, subsection 1, paragraph a,
subparagraph (4), Code 2023, is amended to read as follows:
(4) The person’s substance abuse use disorder treatment.
Sec. 1062. Section 321.231B, subsection 1, paragraph b,
Code 2023, is amended to read as follows:
b. An emergency medical care provider, as defined in
section 147A.1, operating the authorized emergency vehicle who
has completed an emergency vehicle operations course and any
applicable continuing education requirements established or
approved by the department of public health and human services.
Sec. 1063. Section 321.423, subsection 7, paragraph a,
subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
On a vehicle authorized by the director of public health and
human services when all of the following apply:
Sec. 1064. Section 321.423, subsection 7, paragraph a,
subparagraph (2), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) The request for authorization is made by the member
on forms provided by the Iowa department of public health and
human services.
Sec. 1065. Section 321.423, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. The Iowa department of public health and human services
shall adopt rules to establish issuance standards, including
allowing local emergency medical service providers to issue
certificates of authorization, and shall adopt rules to
establish certificate of authorization revocation procedures.
Sec. 1066. Section 321.451, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. A vehicle owned by a chief, medical director, or
certified medical provider of an authorized emergency medical
-746-service, if the application for a certificate of designation is
requested by the chief, medical officer, or medical director
of the authorized emergency medical service. However, the
department shall not approve an application received pursuant
to this paragraph unless the owner of the vehicle has completed
an emergency vehicle operations course approved by the
department of public health and human services, and provided
proof of financial liability coverage or risk pool coverage.
Sec. 1067. Section 321J.2, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Assignment to substance abuse use disorder evaluation and
treatment, a course for drinking drivers, and, if available and
appropriate, a reality education substance abuse use disorder
prevention program pursuant to section 321J.24.
Sec. 1068. Section 321J.2, subsection 4, paragraph d, Code
2023, is amended to read as follows:
d. Assignment to substance abuse use disorder evaluation and
treatment, a course for drinking drivers, and, if available and
appropriate, a reality education substance abuse use disorder
prevention program pursuant to section 321J.24.
Sec. 1069. Section 321J.2, subsection 5, paragraph d, Code
2023, is amended to read as follows:
d. Assignment to substance abuse use disorder evaluation and
treatment, a course for drinking drivers, and, if available and
appropriate, a reality education substance abuse use disorder
prevention program pursuant to section 321J.24.
Sec. 1070. Section 321J.2, subsection 7, paragraphs a and b,
Code 2023, are amended to read as follows:
a. All persons convicted of an offense under subsection 2
shall be ordered, at the person’s expense, to undergo, prior
to sentencing, a substance abuse use disorder evaluation. The
court shall order the person to follow the recommendations
proposed in the substance abuse use disorder evaluation as
provided in section 321J.3.
b. Where the program is available and is appropriate for
-747-the convicted person, a person convicted of an offense under
subsection 2 shall be ordered to participate in a reality
education substance abuse use disorder prevention program as
provided in section 321J.24.
Sec. 1071. Section 321J.3, Code 2023, is amended to read as
follows:
321J.3 Substance abuse use disorder evaluation or treatment
— rules.
1. a. In addition to orders issued pursuant to section
321J.2, subsections 3, 4, and 5, and section 321J.17, the court
shall order any defendant convicted under section 321J.2 to
follow the recommendations proposed in the substance abuse
use disorder evaluation for appropriate substance abuse use
disorder treatment for the defendant. Court-ordered substance
abuse use disorder treatment is subject to the periodic
reporting requirements of section 125.86.
b. If a defendant is committed by the court to a substance
abuse use disorder treatment facility, the administrator of the
facility shall report to the court when it is determined that
the defendant has received the maximum benefit of treatment
at the facility and the defendant shall be released from the
facility. The time for which the defendant is committed for
treatment shall be credited against the defendant’s sentence.
c. The court may prescribe the length of time for the
evaluation and treatment or it may request that the community
college or other approved provider conducting the course
for drinking drivers which the person is ordered to attend
or the treatment program to which the person is committed
immediately report to the court when the person has received
maximum benefit from the course for drinking drivers or
treatment program or has recovered from the person’s addiction,
dependency, or tendency to chronically abuse use alcohol or
drugs.
d. Upon successfully completing a course for drinking
drivers or an ordered substance abuse use disorder treatment
-748-program, a court may place the person on probation for six
months and as a condition of probation, the person shall
attend a program providing posttreatment services relating to
substance abuse use disorder as approved by the court.
e. A person committed under this section who does not
possess sufficient income or estate to make payment of the
costs of the treatment in whole or in part shall be considered
a state patient and the costs of treatment shall be paid as
provided in section 125.44.
f. A defendant who fails to carry out the order of the
court shall be confined in the county jail for twenty days in
addition to any other imprisonment ordered by the court or may
be ordered to perform unpaid community service work, and shall
be placed on probation for one year with a violation of this
probation punishable as contempt of court.
g. In addition to any other condition of probation, the
person shall attend a program providing substance abuse use
disorder prevention services or posttreatment services related
to substance abuse use disorder as ordered by the court. The
person shall report to the person’s probation officer as
ordered concerning proof of attendance at the treatment program
or posttreatment program ordered by the court. Failure to
attend or complete the program shall be considered a violation
of probation and is punishable as contempt of court.
2. a. Upon a second or subsequent offense in violation of
section 321J.2, the court upon hearing may commit the defendant
for inpatient treatment of alcoholism or drug addiction
or dependency to any hospital, institution, or community
correctional facility in Iowa providing such treatment. The
time for which the defendant is committed for treatment shall
be credited against the defendant’s sentence.
b. The court may prescribe the length of time for the
evaluation and treatment or it may request that the hospital
to which the person is committed immediately report to the
court when the person has received maximum benefit from the
-749-program of the hospital or institution or has recovered from
the person’s addiction, dependency, or tendency to chronically
abuse use alcohol or drugs.
c. A person committed under this section who does not
possess sufficient income or estate to make payment of the
costs of the treatment in whole or in part shall be considered
a state patient and the costs of treatment shall be paid as
provided in section 125.44.
3. The state department of transportation, in cooperation
with the judicial branch, shall adopt rules, pursuant to the
procedure in section 125.33, regarding the assignment of
persons ordered under section 321J.17 to submit to substance
abuse use disorder evaluation and treatment. The rules shall
be applicable only to persons other than those committed to
the custody of the director of the department of corrections
under section 321J.2. The rules shall be consistent with the
practices and procedures of the judicial branch in sentencing
persons to substance abuse use disorder evaluation and
treatment under section 321J.2. The rules shall include the
requirement that the treatment programs utilized by a person
pursuant to an order of the department of transportation meet
the licensure standards of the department of public health
and human services for substance abuse use disorder treatment
programs under chapter 125. The rules shall also include
provisions for payment of costs by the offenders, including
insurance reimbursement on behalf of offenders, or other forms
of funding, and shall also address reporting requirements of
the facility, consistent with the provisions of sections 125.84
and 125.86. The department of transportation shall be entitled
to treatment information contained in reports to the department
of transportation, notwithstanding any provision of chapter 125
that would restrict department access to treatment information
and records.
Sec. 1072. Section 321J.17, subsection 2, paragraph b, Code
2023, is amended to read as follows:
-750- b. The court or department may request that the community
college or substance abuse use disorder treatment providers
licensed under chapter 125 or other approved provider
conducting the course for drinking drivers that the person is
ordered to attend immediately report to the court or department
that the person has successfully completed the course for
drinking drivers. The court or department may request that the
treatment program which the person attends periodically report
on the defendant’s attendance and participation in the program,
as well as the status of treatment or rehabilitation.
Sec. 1073. Section 321J.22, subsections 2, 4, and 5, Code
2023, are amended to read as follows:
2. a. The course provided according to this section shall
be offered on a regular basis at each community college as
defined in section 260C.2, or by substance abuse use disorder
treatment programs licensed under chapter 125, or may be
offered at a state correctional facility listed in section
904.102. However, a community college shall not be required to
offer the course if a substance abuse use disorder treatment
program licensed under chapter 125 offers the course within the
merged area served by the community college.
b. Enrollment in the courses is not limited to persons
ordered to enroll, attend, and successfully complete the
course required under sections 321J.2 and 321J.17, subsection
2. However, any person under age eighteen who is required to
attend the courses for violation of section 321J.2 or 321J.17
must attend a course offered by a substance abuse use disorder
treatment program licensed under chapter 125.
c. The course required by this section shall be:
(1) Taught by a community college under the supervision
of the department of education or by a substance abuse use
disorder treatment program licensed under chapter 125, and may
be offered at a state correctional facility.
(2) Approved by the department of education, in
consultation with the community colleges, substance abuse
-751- use disorder treatment programs licensed under chapter 125,
the department of public health and human services, and the
department of corrections.
d. The department of education may approve a provider of
a course for drinking drivers offered outside this state upon
proof to the department’s satisfaction that the course is
comparable to those offered by community colleges, substance
abuse use disorder treatment programs licensed under chapter
125, and state correctional facilities as provided in this
section. The department shall comply with the requirements of
subsection 5 regarding such approved providers.
e. The department of education shall establish reasonable
fees to defray the expense of obtaining classroom space,
instructor salaries, and class materials for courses offered
both by community colleges and by substance abuse use
disorder treatment programs licensed under chapter 125, or
for classes offered at a state correctional facility, and
for administrative expenses incurred by the department of
education in implementing subsection 5 on behalf of in-state
and out-of-state offenders.
f. A person shall not be denied enrollment in a course by
reason of the person’s indigency.
4. The department of education, substance abuse use
disorder treatment programs licensed under chapter 125,
and state correctional facilities shall prepare for their
respective courses a list of the locations of the courses
taught under this section, the dates and times taught, the
procedure for enrollment, and the schedule of course fees. The
list shall be kept current and a copy of the list shall be sent
to each court having jurisdiction over offenses provided in
this chapter.
5. The department of education, substance abuse use
disorder treatment programs licensed under chapter 125, and
state correctional facilities shall maintain enrollment,
attendance, successful and nonsuccessful completion data for
-752-their respective courses on the persons ordered to enroll,
attend, and successfully complete a course for drinking
drivers. This data shall be forwarded to the court by the
department of education, substance abuse use disorder treatment
programs licensed under chapter 125, and the department of
corrections.
Sec. 1074. Section 321J.23, subsection 5, Code 2023, is
amended to read as follows:
5. The reality education substance abuse use disorder
prevention program provides guidelines for the operation of an
intensive program to discourage recidivism.
Sec. 1075. Section 321J.24, subsection 1, paragraphs b and
c, Code 2023, are amended to read as follows:
b. “Participant” means a person who is ordered by the court
to participate in the reality education substance abuse use
disorder prevention program.
c. “Program” means the reality education substance abuse use
disorder prevention program.
Sec. 1076. Section 321J.24, subsection 2, Code 2023, is
amended to read as follows:
2. A reality education substance abuse use disorder
prevention program is established in those judicial
districts where the chief judge of the judicial district
authorizes participation in the program. Upon a conviction
or adjudication for a violation of section 321J.2, or the
entry of a deferred judgment concerning a violation of section
321J.2, the court or juvenile court may order participation in
the reality education substance abuse use disorder prevention
program as a term and condition of probation or disposition
in addition to any other term or condition of probation or
disposition required or authorized by law. The court or
juvenile court shall require the defendant or delinquent child
to abstain from consuming any controlled substance, alcoholic
liquor, wine, or beer while participating in the program.
Sec. 1077. Section 321J.24, subsection 5, paragraph a,
-753-subparagraph (2), Code 2023, is amended to read as follows:
(2) A facility for the treatment of persons with
substance-related disorders a substance use disorder as defined
in section 125.2, under the supervision of appropriately
licensed medical personnel.
Sec. 1078. Section 321J.25, Code 2023, is amended to read
as follows:
321J.25 Youthful offender substance abuse use disorder
awareness program.
1. As used in this section, unless the context otherwise
requires:
a. “Participant” means a person whose driver’s license or
operating privilege has been revoked for a violation of section
321J.2A.
b. “Program” means a substance abuse use disorder awareness
program provided under a contract entered into between the
provider and the Iowa department of public health and human
services under chapter 125.
c. “Program coordinator” means a person assigned the duty
to coordinate a participant’s activities in a program by the
program provider.
2. A substance abuse use disorder awareness program is
established in each of the regions established by the director
of public health and human services pursuant to section
125.12. The program shall consist of an insight class and
a substance abuse use disorder evaluation, which shall be
attended by the participant, to discuss issues related to the
potential consequences of substance abuse use disorder. The
parent or parents of the participant shall also be encouraged
to participate in the program. The program provider shall
consult with the participant or the parents of the participant
in the program to determine the timing and appropriate level
of participation for the participant and any participation by
the participant’s parents. The program may also include a
supervised educational tour by the participant to any or all
-754-of the following:
a. A hospital or other emergency medical care facility
which regularly receives victims of motor vehicle accidents,
to observe treatment of appropriate victims of motor vehicle
accidents involving intoxicated drivers, under the supervision
of a registered nurse, physician, paramedic, or emergency
medical technician.
b. A facility for the treatment of persons with
substance-related disorders a substance use disorder as defined
in section 125.2, under the supervision of appropriately
licensed medical personnel.
c. If approved by the state or county medical examiner, a
morgue or a similar facility to receive appropriate educational
material and instruction concerning damage caused by the
consumption of alcohol or other drugs, under the supervision of
the county medical examiner or deputy medical examiner.
3. If the program includes a tour, the program coordinator
shall explain and discuss the experiences which may be
encountered during the tour to the participant. If the program
coordinator determines at any time before or during a tour that
the tour may be traumatic or otherwise inappropriate for the
participant, the program coordinator shall terminate the tour
without prejudice to the participant.
4. Upon the revocation of the driver’s license or operating
privileges of a person who is fourteen years of age or older
for a violation of section 321J.2A, if the person has had no
previous revocations under either section 321J.2 or section
321J.2A, a person may participate in the substance abuse
use disorder awareness program. The state department of
transportation shall notify a potential program participant
of the possibility and potential benefits of attending a
program and shall notify a potential program participant of the
availability of programs which exist in the area in which the
person resides. The state department of transportation shall
consult with the Iowa department of public health and human
-755-services to determine what programs are available in various
areas of the state.
5. Program providers and facilities toured during the
program are not liable for any civil damages resulting from
injury to the participant, or civil damages caused by the
participant during or from any activities related to a tour,
except for willful or grossly negligent acts intended to, or
reasonably expected to result in, such injury or damage.
6. The program provider shall determine fees to be paid by
participants in the program. The program fees shall be paid on
a sliding scale, based upon the ability of a participant and a
participant’s family to pay the fees, and shall not exceed one
hundred dollars per participant. The program provider shall
use the fees to pay all costs associated with the program.
Sec. 1079. Section 324A.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Transportation” means the movement of individuals
in a four or more wheeled motorized vehicle designed to
carry passengers, including a car, van, or bus, between one
geographic point and another geographic point. “Transportation”
does not include emergency or incidental transportation or
transportation conducted by the department of health and human
services at its institutions.
Sec. 1080. Section 324A.4, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Upon request, the department shall provide assistance
to political subdivisions, state agencies, and organizations
affected by this chapter for federal aid applications for urban
and rural transit system program aid. The department, in
cooperation with the regional planning agencies, shall maintain
current information reflecting the amount of federal, state,
and local aid received by the public and private nonprofit
organizations providing public transit services and the purpose
for which the aid is received. The department shall biennially
prepare a report to be submitted to the general assembly and
-756-the governor prior to December 15 of even-numbered years. The
report shall recommend methods to increase transportation
coordination and improve the efficiency of federal, state,
and local government programs used to finance public transit
services and may address other topics as appropriate. The
department of health and human services, the department on
aging, and the officers and agents of the other affected state
and local government units shall provide input as requested by
the department.
Sec. 1081. Section 324A.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of health and human services, department on
aging, and the officers and agents of other state and local
governmental units shall assist the department in carrying out
section 324A.4, subsections 1 and 2, insofar as the functions
of these respective officers and departments are concerned
with the health, welfare and safety of any recipient of
transportation services.
Sec. 1082. Section 331.304, subsection 9, Code 2023, is
amended to read as follows:
9. A county shall not adopt or enforce any ordinance
imposing any registration or licensing system or registration
or license fees for or relating to owner-occupied manufactured
or mobile homes including the lots, lands, or manufactured
home community or mobile home park upon or in which they are
located. A county shall not adopt or enforce any ordinance
imposing any registration or licensing system, or registration
or license fees, or safety or sanitary standards for rental
manufactured or mobile homes unless similar registration or
licensing system, or registration or license fees, or safety
or sanitary standards are required for other rental properties
intended for human habitation. This subsection does not
preclude the investigation and abatement of a nuisance or the
enforcement of a tiedown system, or the enforcement of any
regulations of the state council on health and human services
-757- or local board of health if those regulations apply to other
rental properties or to owner-occupied housing intended for
human habitation.
Sec. 1083. Section 331.321, subsection 1, paragraph f, Code
2023, is amended to read as follows:
f. The members of the service area advisory board in
accordance with section 217.43.
Sec. 1084. Section 331.323, subsection 1, paragraph a,
subparagraph (9), Code 2023, is amended to read as follows:
(9) Executive officer of the service area advisory board in
accordance with section 217.43.
Sec. 1085. Section 331.382, subsections 3 and 6, Code 2023,
are amended to read as follows:
3. The power to legislate in regard to chemical substance
abuse use is subject to section 125.40.
6. The power to operate juvenile detention and shelter care
homes is subject to approval of the homes by the director of
the department of health and human services or the director’s
designee, as provided in section 232.142.
Sec. 1086. Section 331.388, Code 2023, is amended to read
as follows:
331.388 Definitions.
As used in this part, unless the context otherwise requires:
1. “Children’s behavioral health services” means the same as
defined in section 225C.2.
2. “Department” means the department of health and human
services.
3. “Director” means the director of health and human
services.
3. 4. “Disability services” means the same as defined in
section 225C.2.
4. 5. “Population” means, as of July 1 of the fiscal year
preceding the fiscal year in which the population figure is
applied, the population shown by the latest preceding certified
federal census or the latest applicable population estimate
-758-issued by the United States census bureau, whichever is most
recent.
5. 6. “Regional administrator” means the administrative
office, organization, or entity formed by agreement of the
counties participating in a region to function on behalf of
those counties in accordance with this part.
6. 7. “Serious emotional disturbance” means the same as
defined in section 225C.2.
7. 8. “State board” means the children’s system state board
created in section 225C.51.
8. 9. “State commission” means the mental health and
disability services commission created in section 225C.5.
Sec. 1087. Section 331.389, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Local access to mental health and disability services
shall be provided by a regional service system comprised of
mental health and disability services regions approved by the
director of the department. It is the intent of the general
assembly that the residents of this state should have access to
needed mental health and disability services regardless of the
location of their residence.
2. The director of human services shall approve a region
meeting the requirements of subsection 3.
Sec. 1088. Section 331.390, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The membership of the governing board shall not include
employees of the department of human services or a nonelected
employee of a county.
Sec. 1089. Section 331.391, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. Each region shall certify to the department of human
services on or before December 1, 2021, and each December 1
thereafter, the amount of the region’s cash flow amount in
the combined account at the conclusion of the most recently
completed fiscal year.
-759- Sec. 1090. Section 331.393, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Each region shall submit to the department an annual
service and budget plan approved by the region’s governing
board and subject to approval by the director of human
services. Provisions for approval by the director of human
services’ approval of the annual service and budget plan,
and any amendments to the plan, and other requirements shall
be specified in rule adopted by the state commission. The
provisions addressed in the annual plan shall include but are
not limited to all of the following:
Sec. 1091. Section 331.393, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The region shall have in effect a policies and procedures
manual for the regional service system. The manual shall be
approved by the region’s governing board and is subject to
approval by the director of human services. An approved manual
shall remain in effect subject to amendment. An amendment
to the manual shall be submitted to the department at least
forty-five days prior to the date of implementation of the
amendment. Prior to implementation of an amendment to the
manual, the amendment must be approved by the director of human
services in consultation with the state commission. The manual
shall include but is not limited to all of the following:
Sec. 1092. Section 331.393, subsections 5 and 8, Code 2023,
are amended to read as follows:
5. The provisions of a regional service system management
plan shall include measures to address the needs of persons
who have two or more co-occurring mental health, intellectual
or other developmental disability, brain injury, or
substance-related substance use disorders and individuals with
specialized needs. Implementation of measures to meet the
needs of persons with a developmental disability other than
intellectual disability, brain injury, or substance-related
disorders a substance use disorder is contingent upon
-760-identification of a funding source to meet those needs and
implementation of provisions to engage the entity under
contract with the state to provide services to address
substance-related substance use disorders within the regional
service system.
8. If a region determines that the region cannot provide
services for the fiscal year in accordance with the regional
plan and remain in compliance with applicable budgeting
requirements, the region may implement a waiting list for
the services. The procedures for establishing and applying
a waiting list shall be specified in the regional plan. If
a region implements a waiting list for services, the region
shall notify the department of human services. The department
shall maintain on the department’s internet site an up-to-date
listing of the regions that have implemented a waiting list and
the services affected by each waiting list.
Sec. 1093. Section 331.394, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. “County of residence” means the county in this state in
which, at the time a person applies for or receives services,
the person is living and has established an ongoing presence
with the declared, good faith intention of living in the
county for a permanent or indefinite period of time. The
county of residence of a person who is a homeless person is
the county where the homeless person usually sleeps. A person
maintains residency in the county or state in which the person
last resided while the person is present in another county or
this state receiving services in a hospital, a correctional
facility, a halfway house for community-based corrections or
substance-related substance use disorder treatment, a nursing
facility, an intermediate care facility for persons with an
intellectual disability, or a residential care facility, or for
the purpose of attending a college or university.
Sec. 1094. Section 331.394, subsection 3, Code 2023, is
amended to read as follows:
-761- 3. If a service authorization or other services-related
decision made by a regional administrator concerning a person
varies from the type and amount of service identified to be
necessary for the person in a clinical determination made by a
mental health professional and the mental health professional
believes that failure to provide the type and amount of service
identified could cause an immediate danger to the person’s
health or safety, the person may request an expedited review
of the regional administrator’s decision to be made by the
department of human services. An expedited review held in
accordance with this subsection is subject to the following
procedures:
a. The request for the expedited review shall be filed
within five business days of receiving the notice of decision
by the regional administrator. The request must be in writing,
plainly state the request for an expedited review in the
caption and body of the request, and be supported by written
documentation from the mental health professional who made the
clinical determination stating how the notice of decision on
services could cause an immediate danger to the person’s health
or safety.
b. The expedited review shall be performed by a designee
of the director who is a mental health professional, who is
either the administrator of the division of mental health and
disability services of the department of human services or the
administrator’s designee. If the administrator is not a mental
health professional, the expedited review shall be performed
by a designee of the administrator who is a mental health
professional and is free of any conflict of interest to perform
the expedited review. The expedited review shall be performed
within two business days of the time the request is filed. If
the reviewer determines the information submitted in connection
with the request is inadequate to perform the review, the
reviewer shall request the submission of additional information
and the review shall be performed within two business days of
-762-the time that adequate information is submitted. The regional
administrator and the person, with the assistance of the mental
health professional who made the clinical determination, shall
each provide a brief statement of facts, conclusions, and
reasons for the decision made. Supporting clinical information
shall also be attached. All information related to the
proceedings and any related filings shall be considered to be
mental health information subject to chapter 228.
c. The administrator or director’s designee shall issue
an order, including a brief statement of findings of fact,
conclusions of law, and policy reasons for the order, to
justify the decision made concerning the expedited review.
If the decision concurs with the contention that there is an
immediate danger to the person’s health or safety, the order
shall identify the type and amount of service which shall be
provided for the person. The administrator or director’s
designee shall give such notice as is practicable to persons
who are required to comply with the order. The order is
effective when issued.
d. The decision of the administrator or director’s designee
shall be considered a final agency action and is subject to
judicial review in accordance with section 17A.19. The record
for judicial review consists of any documents regarding the
matter that were considered or prepared by the administrator or
director’s designee. The administrator or director’s designee
shall maintain these documents as the official record of the
decision. If the matter is appealed to the district court, the
record shall be filed as confidential.
Sec. 1095. Section 331.396, subsection 1, paragraphs c and
d, Code 2023, are amended to read as follows:
c. The person has had at any time during the preceding
twelve-month period a mental health, behavioral, or emotional
disorder or, in the opinion of a mental health professional,
may now have such a diagnosable disorder. The diagnosis
shall be made in accordance with the criteria provided in
-763-the diagnostic and statistical manual of mental disorders,
fourth edition, text revision, published by the American
psychiatric association, and shall not include the manual’s
“V” codes identifying conditions other than a disease or
injury. The diagnosis shall also not include substance-related
substance use disorders, dementia, antisocial personality, or
developmental disabilities, unless co-occurring with another
diagnosable mental illness.
d. The person’s eligibility for individualized services
shall be determined in accordance with the standardized
functional assessment methodology approved for mental health
services by the director of human services in consultation with
the state commission.
Sec. 1096. Section 331.396, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. The person’s eligibility for individualized services
shall be determined in accordance with the standardized
functional assessment methodology approved for intellectual
disability and developmental disability services by the
director of human services.
Sec. 1097. Section 331.396, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. The person’s eligibility for individualized services
shall be determined in accordance with a standardized
functional assessment methodology approved for this purpose by
the director of human services.
Sec. 1098. Section 331.397, subsection 2, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Subject to the available appropriations, the director
of human services shall ensure the core service domains listed
in subsections 4 and 5 are covered services for the medical
assistance program under chapter 249A to the greatest extent
allowable under federal regulations. The medical assistance
program shall reimburse Medicaid enrolled providers for
Medicaid covered services under subsections 4 and 5 when
-764-the services are medically necessary, the Medicaid enrolled
provider submits an appropriate claim for such services, and
no other third-party payer is responsible for reimbursement of
such services. Within funds available, the region shall pay
for such services for eligible persons when payment through the
medical assistance program or another third-party payment is
not available, unless the person is on a waiting list for such
payment or it has been determined that the person does not meet
the eligibility criteria for any such service.
Sec. 1099. Section 331.397, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Pursuant to recommendations made by the director of human
services, the state commission shall adopt rules as required
by section 225C.6 to define the services included in the core
service domains listed in this section. The rules shall
provide service definitions, service provider standards,
service access standards, and service implementation dates, and
shall provide consistency, to the extent possible, with similar
service definitions under the medical assistance program.
Sec. 1100. Section 331.397A, subsection 2, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Subject to the available appropriations, the director
of human services shall ensure the behavioral health core
service domains listed in subsection 4 are covered services
for the medical assistance program under chapter 249A to the
greatest extent allowable under federal regulations. The
medical assistance program shall reimburse Medicaid enrolled
providers for Medicaid covered services under subsection 4 when
the services are medically necessary, the Medicaid enrolled
provider submits an appropriate claim for such services, and
no other third-party payor is responsible for reimbursement
of such services. Within the funds available, the region
shall pay for such services for eligible children when payment
through the medical assistance program or another third-party
payment is not available, unless the child is on a waiting list
-765-for such payment or it has been determined that the child does
not meet the eligibility criteria for any such service.
Sec. 1101. Section 331.397A, subsection 3, Code 2023, is
amended to read as follows:
3. Pursuant to recommendations made by the state board, the
department of human services shall adopt rules to define the
services included in the core domains listed in this section.
The rules shall provide service definitions, service provider
standards, service access standards, and service implementation
dates, and shall provide consistency, to the extent possible,
with similar service definitions under the medical assistance
program.
Sec. 1102. Section 331.398, subsection 1, Code 2023, is
amended to read as follows:
1. The financing of a regional mental health and disability
services regional service system is limited to a fixed budget
amount. The fixed budget amount shall be the amount identified
in a regional service system management plan and budget for the
fiscal year.
Sec. 1103. Section 331.402, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Enter into an agreement with the state department of
health and human services for assistance in accordance with
section 249A.12.
Sec. 1104. Section 331.424, subsection 1, paragraph
a, subparagraph (1), subparagraph division (a), unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The costs of inpatient or outpatient substance abuse use
disorder admission, commitment, transportation, care, and
treatment at any of the following:
Sec. 1105. Section 331.756, subsections 26 and 39, Code
2023, are amended to read as follows:
26. At the request of the director of public health and
human services, commence legal action to enjoin the unlawful
use of radiation-emitting equipment as provided in section
-766-136C.5.
39. Appear on behalf of the administrator of the division
of mental health and disability services director of the
department of health and human services in support of an
application to transfer a person with mental illness who
becomes incorrigible and dangerous from a state hospital for
persons with mental illness mental health institute to the
Iowa medical and classification center as provided in section
226.30.
Sec. 1106. Section 331.910, Code 2023, is amended to read
as follows:
331.910 Interstate contracts for mental health and
substance-related substance use disorder treatment.
1. Purpose. The purpose of this section is to enable
appropriate care and treatment to be provided to a person with
a substance-related substance use disorder or a mental illness,
across state lines from the person’s state of residence, in
qualified hospitals, centers, and facilities.
2. Definitions. For the purposes of this section:
a. “Bordering state” means Illinois, Minnesota, Missouri,
Nebraska, South Dakota, or Wisconsin.
b. “Receiving agency” means a public or private hospital,
mental health center, substance abuse use disorder treatment
and rehabilitation facility, or detoxification center, which
provides substance abuse use disorder or mental health care
and treatment to a person from a state other than the state in
which a hospital, center, or facility is located.
c. “Receiving state” means the state in which a receiving
agency is located.
d. “Region” means a mental health and disability services
region formed in accordance with section 331.389.
e. “Sending agency” means a state or regional agency
located in a state which sends a person to a receiving state
for substance abuse use disorder or mental health care and
treatment under this section.
-767- f. “Sending state” means the state in which a sending agency
is located.
3. Voluntary civil commitments.
a. A region may contract with a receiving agency in a
bordering state to secure substance abuse use disorder or
mental health care and treatment under this subsection for
persons who receive substance abuse use disorder or mental
health care and treatment pursuant to section 125.33, 125.91,
229.2, or 229.22 through a region.
b. This subsection shall not apply to a person who is any
of the following:
(1) Serving a criminal sentence.
(2) On probation or parole.
(3) The subject of a presentence investigation.
c. A region may contract with a sending agency in a
bordering state to provide care and treatment under this
subsection for residents of the bordering state in approved
substance abuse use disorder and mental health care and
treatment hospitals, centers, and facilities in this state,
except that care and treatment shall not be provided for
residents of the bordering state who are involved in criminal
proceedings substantially similar to the involvement described
in paragraph “b”.
4. Involuntary civil commitments.
a. A person who is detained, committed, or placed on an
involuntary basis under section 125.75, 125.91, 229.6, or
229.22 may be civilly committed and treated in another state
pursuant to a contract under this subsection.
b. A person who is detained, committed, or placed on
an involuntary basis under the civil commitment laws of a
bordering state substantially similar to section 125.75,
125.91, 229.6, or 229.22 may be civilly committed and treated
in this state pursuant to a contract under this subsection.
c. A law enforcement officer acting under the authority of a
sending state may transport a person to a receiving agency that
-768-provides substance abuse use disorder or mental health care and
treatment pursuant to a contract under this subsection and may
transport the person back to the sending state under the laws
of the sending state.
d. Court orders valid under the law of the sending state
are granted recognition and reciprocity in the receiving state
for a person covered by a contract under this subsection to
the extent that the court orders relate to civil commitment
for substance abuse use disorder or mental health care and
treatment. Such care and treatment may include care and
treatment for co-occurring substance-related substance use and
mental health disorders. Such court orders are not subject to
legal challenge in the courts of the receiving state.
e. A person who is detained, committed, or placed under the
laws of a sending state and who is transferred to a receiving
state under this subsection shall be considered to be in the
legal custody of the authority responsible for the person under
the laws of the sending state with respect to the involuntary
civil commitment of the person due to a mental illness or a
substance-related substance use disorder.
f. While in the receiving state pursuant to a contract
under this subsection, a person detained, committed, or placed
under the laws of a sending state shall be subject to all laws
and regulations of the receiving state, except those laws and
regulations with respect to the involuntary civil commitment
of the person due to a mental illness or substance-related
substance use disorder. A person shall not be sent to a
receiving state pursuant to a contract under this subsection
until the receiving state has enacted a law recognizing the
validity and applicability of this subsection.
g. If a person receiving care and treatment pursuant to
a contract under this subsection escapes from the receiving
agency and the person at the time of the escape is subject to
involuntary civil commitment under the laws of the sending
state, the receiving agency shall use all reasonable means to
-769-recapture the escapee. The receiving agency shall immediately
report the escape of the person to the sending agency. The
receiving state has the primary responsibility for, and the
authority to direct, the pursuit, retaking, and prosecution of
escaped persons within its borders and is liable for the cost
of such action to the extent that it would be liable for costs
if its own resident escaped.
h. Responsibility for payment for the cost of care and
treatment under this subsection shall remain with the sending
agency.
5. A contract entered into under this section shall, at a
minimum, meet all of the following requirements:
a. Describe the care and treatment to be provided.
b. Establish responsibility for the costs of the care and
treatment, except as otherwise provided in subsection 4.
c. Establish responsibility for the costs of transporting
individuals receiving care and treatment under this section.
d. Specify the duration of the contract.
e. Specify the means of terminating the contract.
f. Identify the goals to be accomplished by the placement
of a person under this section.
6. This section shall apply to all of the following:
a. Detoxification services that are unrelated to substance
abuse use disorder or mental health care and treatment
regardless of whether the care and treatment are provided on a
voluntary or involuntary basis.
b. Substance abuse use disorder and mental health care and
treatment contracts that include emergency care and treatment
provided to a resident of this state in a bordering state.
Sec. 1107. Section 347.7, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. The tax levy authorized by this section for operation
and maintenance of the hospital may be available in whole or in
part to any county with or without a county hospital organized
under this chapter, to be used to enhance rural health services
-770-in the county. However, the tax levied may be expended for
enhancement of rural health care services only following a
local planning process. The Iowa department of public health
and human services shall establish guidelines to be followed
by counties in implementing the local planning process which
shall require legal notice, public hearings, and a referendum
in accordance with this subsection prior to the authorization
of any new levy or a change in the use of a levy. The notice
shall describe the new levy or the change in the use of the
levy, indicate the date and location of the hearing, and shall
be published at least once each week for two consecutive weeks
in a newspaper having general circulation in the county. The
hearing shall not take place prior to two weeks after the
second publication.
Sec. 1108. Section 347.16, subsection 2, Code 2023, is
amended to read as follows:
2. Free care and treatment shall be furnished in a county
public hospital to any sick or injured person who fulfills
the residency requirements under section 47.4, subsection
1, paragraph “d”, Code 1993, in the county maintaining the
hospital, and who is indigent. The board of hospital trustees
shall determine whether a person is indigent and entitled
to free care under this subsection, or may delegate that
determination to the general assistance director or the office
of the department of health and human services in that county,
subject to guidelines the board may adopt in conformity with
applicable statutes.
Sec. 1109. Section 347B.14, Code 2023, is amended to read
as follows:
347B.14 Effect of approval of plans.
When plans for construction or modification of a county care
facility have been properly approved by the Iowa department of
public health and human services or other appropriate state
agency, the facility constructed in accord with the plans so
approved shall not for a period of at least ten years from
-771-completion of the construction or modification be considered
deficient or ineligible for licensing by reason of failure
to meet any regulation or standard established subsequent to
approval of the construction and modification plans, unless a
clear and present danger exists that would adversely affect the
residents of the facility.
Sec. 1110. Section 351.40, Code 2023, is amended to read as
follows:
351.40 Quarantine.
If a local board of health believes rabies to be epidemic, or
believes there is a threat of epidemic, in its jurisdiction,
it may declare a quarantine in all or part of the area under
its jurisdiction and such declaration shall be reported to the
Iowa department of public health and human services. During
the period of quarantine, any person owning or having a dog in
the person’s possession in the quarantined area shall keep such
animal securely enclosed or on a leash for the duration of the
quarantine period.
Sec. 1111. Section 356.37, Code 2023, is amended to read as
follows:
356.37 Confinement and detention report — design proposals.
The division of subunit of the department of health and
human services responsible for criminal and juvenile justice
planning of the department of human rights, in consultation
with the department of corrections, the Iowa county attorneys
association, the Iowa state sheriff’s association, the
Iowa peace officers association, a statewide organization
representing rural property taxpayers, the Iowa league of
cities, and the Iowa board of supervisors association, shall
prepare a report analyzing the confinement and detention
needs of jails and facilities established pursuant to this
chapter and chapter 356A. The report for each type of jail or
facility shall include but is not limited to an inventory of
prisoner space, daily prisoner counts, options for detention
of prisoners with mental illness or substance abuse use
-772-disorder service needs, and the compliance status under section
356.36 for each jail or facility. The report shall contain an
inventory of recent jail or facility construction projects in
which voters have approved the issuance of general obligation
bonds, essential county purpose bonds, revenue bonds, or bonds
issued pursuant to chapter 423B. The report shall be revised
periodically as directed by the administrator of the division
of criminal and juvenile justice planning director of health
and human services. The first submission of the report shall
include recommendations on offender data needed to estimate
jail space needs in the next two, three, and five years, on a
county, geographic region, and statewide basis, which may be
based upon information submitted pursuant to section 356.49.
Sec. 1112. Section 356.48, subsection 1, Code 2023, is
amended to read as follows:
1. A person confined to a jail or in the custody of a peace
officer, who bites another person, who causes an exchange of
bodily fluids with another person, or who causes any bodily
secretion to be cast upon another person, shall submit to the
withdrawal of a bodily specimen for testing to determine if
the person is infected with a contagious or infectious disease
as defined in section 141A.2. The bodily specimen to be taken
shall be determined by the attending physician of the jail
or the county medical examiner. The specimen taken shall be
sent to the state hygienic laboratory at the state university
at Iowa City or some other laboratory approved by the Iowa
department of public health and human services. If a person
to be tested pursuant to this section refuses to submit to the
withdrawal of a bodily specimen, the sheriff, person in charge
of the jail, or any potentially infected person may file an
application with the district court for an order compelling
the person that may have caused an infection to submit to the
withdrawal and, if infected, to receive available treatment.
An order authorizing the withdrawal of a specimen for testing
may be issued only by a district judge or district associate
-773-judge upon application by the sheriff, person in charge of the
jail, or any other potentially infected person.
Sec. 1113. Section 358.24, subsection 3, Code 2023, is
amended to read as follows:
3. A sanitary district adjoining a border of the state and
owning and operating a sewage disposal plant, may contract with
the governing body of any legal entity in an adjacent area
in another state, to process the sewage from the area. The
contract shall be subject to approval of the Iowa department of
public health and human services.
Sec. 1114. Section 364.3, subsection 5, Code 2023, is
amended to read as follows:
5. A city shall not adopt or enforce any ordinance imposing
any registration or licensing system or registration or license
fees for or relating to owner-occupied manufactured or mobile
homes including the lots, lands, or manufactured home community
or mobile home park upon or in which they are located. A
city shall not adopt or enforce any ordinance imposing any
registration or licensing system, or registration or license
fees, or safety or sanitary standards for rental manufactured
or mobile homes unless a similar registration or licensing
system, or registration or license fees, or safety or sanitary
standards are required for other rental properties intended
for human habitation. This subsection does not preclude the
investigation and abatement of a nuisance or the enforcement of
a tiedown system, or the enforcement of any regulations of the
state council on health and human services or local board of
health if those regulations apply to other rental properties or
to owner-occupied housing intended for human habitation.
Sec. 1115. Section 403A.23, Code 2023, is amended to read
as follows:
403A.23 Eligibility of persons receiving public assistance.
Any statute to the contrary notwithstanding, no person
otherwise eligible to be a tenant in a municipal housing
project, shall be declared ineligible therefor or denied
-774-occupancy therein in the municipal housing project merely
because the person is receiving in some form public assistance
such as including but not limited to federal supplemental
security income or state supplementary payments, assistance as
defined by section 249.1, or welfare assistance, unemployment
compensation, or social security payments, etc.
Sec. 1116. Section 411.6, subsection 16, paragraph c, Code
2023, is amended to read as follows:
c. A member eligible to commence receiving a disability
benefit on or after July 1, 2000, may be ineligible to receive
a disability retirement benefit if the system determines that
the member’s alcoholism or drug addiction was a contributing
factor material to the determination of the member’s
disability. Upon a determination that the member’s alcoholism
or drug addiction was a contributing factor in the member’s
disability, the system shall direct the member to undergo
substance abuse use disorder treatment that the medical board
determines is appropriate to treat the member’s alcoholism
or drug addiction. After the end of a twenty-four-month
period following the member’s first month of entitlement to a
disability benefit, the system shall reevaluate the member’s
disability. If the system determines that the member failed to
comply with the treatment program prescribed by this paragraph
and that the member would not be disabled but for the member’s
alcoholism or drug addiction, the member’s entitlement to a
disability benefit under this chapter shall terminate effective
the first day of the first month following the month the member
is notified of the system’s determination.
Sec. 1117. Section 421.17, subsections 20 and 21, Code 2023,
are amended to read as follows:
20. To cooperate with the child support recovery unit
services created in chapter 252B to establish and maintain
a process to implement the provisions of section 252B.5,
subsection 9. The department of revenue shall forward to
individuals meeting the criteria under section 252B.5,
-775-subsection 9, paragraph “a”, a notice by first class mail that
the individual is obligated to file a state estimated tax form
and to remit a separate child support payment.
a. Individuals notified shall submit a state estimated tax
form on a quarterly basis.
b. The individual shall pay monthly, the lesser of the total
delinquency or one hundred fifty percent of the current or most
recent monthly obligation.
c. The individual shall remit the payment to the department
of revenue separate from any tax liability payments, identify
the payment as a support payment, and make the payment payable
to the collection services center. The department shall
forward all payments received pursuant to this section to the
collection services center established pursuant to chapter
252B, for processing and disbursement. The department of
revenue may establish a process for the child support recovery
unit services or the collection services center to directly
receive the payments. For purposes of crediting the support
payments pursuant to sections 252B.14 and 598.22, payments
received by the department of revenue and forwarded to the
collection services center shall be credited as if received
directly by the collection services center.
d. The notice shall provide that, as an alternative to the
provisions of paragraph “b”, the individual may contact the
child support recovery unit services to formalize a repayment
plan and obtain an exemption from the quarterly filing
requirement when payments are made pursuant to the repayment
plan or to contest the balance due listed in the notice.
e. The department of revenue, in cooperation with the child
support recovery unit services, may adopt rules, if necessary,
to implement this subsection.
21. To provide information contained in state individual
tax returns to the child support recovery unit services
for the purposes of establishment or enforcement of support
obligations. The department of revenue and child support
-776-recovery unit services may exchange information in a manual or
automated fashion. The department of revenue, in cooperation
with the child support recovery unit services, may adopt rules,
if necessary, to implement this subsection.
Sec. 1118. Section 422.7, subsection 42, paragraph a,
subparagraph (6), Code 2023, is amended to read as follows:
(6) Subtract to the extent included the amount of a
recruitment and retention bonus, not to exceed one thousand
dollars, received by a child care worker through the
recruitment and retention bonus program administered by the
department of health and human services.
Sec. 1119. Section 422.12A, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. “Adoption” means the permanent placement in this state of
a child by the department of health and human services, by an
adoption service provider as defined in section 600A.2, or by
an agency that meets the provisions of the interstate compact
in section 232.158.
Sec. 1120. Section 422.12A, subsection 5, Code 2023, is
amended to read as follows:
5. The department of revenue and the department of health
and human services shall each adopt rules to jointly administer
this section.
Sec. 1121. Section 422.12K, subsection 3, Code 2023, is
amended to read as follows:
3. The department of health and human services may authorize
payment of moneys from the child abuse prevention program fund
in accordance with section 235A.2.
Sec. 1122. Section 422D.6, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Nondisposable essential ambulance equipment, as defined
by rule by the Iowa department of public health and human
services.
Sec. 1123. Section 423.3, subsection 18, paragraphs b, c, d,
and g, Code 2023, are amended to read as follows:
-777- b. Residential facilities licensed by the department of
health and human services pursuant to chapter 237, other than
those maintained by individuals as defined in section 237.1,
subsection 7.
c. Rehabilitation facilities that provide accredited
rehabilitation services to persons with disabilities which are
accredited by the commission on accreditation of rehabilitation
facilities or the council on quality and leadership and adult
day care services approved for reimbursement by the state
department of health and human services.
d. Community mental health centers accredited by the
department of health and human services pursuant to chapter
225C.
g. Substance abuse use disorder treatment or prevention
programs that receive block grant funding from the Iowa
department of public health and human services.
Sec. 1124. Section 423.3, subsection 18, paragraph f,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Home and community-based services providers certified to
offer Medicaid waiver services by the department of health and
human services that are any of the following:
Sec. 1125. Section 423.3, subsections 31 and 58, Code 2023,
are amended to read as follows:
31. a. The sales price of tangible personal property or
specified digital products sold to and of services furnished
to a tribal government as defined in section 216A.161, or the
sales price of tangible personal property or specified digital
products sold to and of services furnished, and used for public
purposes sold to a tax-certifying or tax-levying body of the
state or a governmental subdivision of the state, including the
following: regional transit systems, as defined in section
324A.1; the state board of regents; department of health
and human services; state department of transportation; any
municipally owned solid waste facility which sells all or part
-778-of its processed waste as fuel to a municipally owned public
utility; and all divisions, boards, commissions, agencies,
or instrumentalities of state, federal, county, municipal,
or tribal government which have no earnings going to the
benefit of an equity investor or stockholder, except any of the
following:
a. (1) The sales price of tangible personal property or
specified digital products sold to, or of services furnished,
and used by or in connection with the operation of any
municipally owned public utility engaged in selling gas,
electricity, heat, pay television service, or communication
service to the general public.
b. (2) The sales price of furnishing of sewage services to
a county or municipality on behalf of nonresidential commercial
operations.
c. (3) The furnishing of solid waste collection and
disposal service to a county or municipality on behalf of
nonresidential commercial operations located within the county
or municipality.
b. For the purposes of this subsection, “tribal government”
means the governing body of a federally recognized Indian
tribe.
58. The sales price from the sale of items purchased with
coupons, food stamps, electronic benefits transfer cards a
supplemental nutrition assistance program benefit transfer
instrument as defined in section 234.13, or other methods
method of payment authorized by the United States department
of agriculture, and issued under the federal Food Stamp Act of
1977, 7 U.S.C. §2011 et seq.or under the federal supplemental
nutritional assistance program established in 7 U.S.C. §2013.
Sec. 1126. Section 423.4, subsection 1, paragraph a,
subparagraphs (4) and (9), Code 2023, are amended to read as
follows:
(4) A tax-certifying or tax-levying body or governmental
subdivision of the state, including the state board of regents,
-779-state the department of health and human services, and the
state department of transportation.
(9) A tribal government as defined in section 216A.161,
and any instrumentalities of the tribal government which do
not have earnings going to the benefit of an equity investor
or stockholder. For the purposes of this subparagraph, “tribal
government” means the governing body of a federally recognized
Indian tribe.
Sec. 1127. Section 425.2, subsection 3, Code 2023, is
amended to read as follows:
3. In case the owner of the homestead is in active service
in the armed forces of this state or of the United States,
or is sixty-five years of age or older, or is disabled, the
statement and designation may be signed and delivered by any
member of the owner’s family, by the owner’s guardian or
conservator, or by any other person who may represent the owner
under power of attorney. If the owner of the homestead is
married, the spouse may sign and deliver the statement and
designation. The director of health and human services or
the director’s designee may make application for the benefits
of this subchapter as the agent for and on behalf of persons
receiving assistance under chapter 249.
Sec. 1128. Section 425.16, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The reimbursement of rent constituting property taxes
paid under this subchapter shall be administered by the
department of health and human services as provided in this
subchapter.
Sec. 1129. Section 425.17, subsection 3, Code 2023, is
amended to read as follows:
3. “Gross rent” means rental paid at arm’s length for the
right of occupancy of a homestead or manufactured or mobile
home, including rent for space occupied by a manufactured or
mobile home not to exceed one acre. If the department of
health and human services determines that the landlord and
-780-tenant have not dealt with each other at arm’s length, and the
department of health and human services is satisfied that the
gross rent charged was excessive, the department of health and
human services shall adjust the gross rent to a reasonable
amount as determined by the department of health and human
services.
Sec. 1130. Section 425.18, Code 2023, is amended to read as
follows:
425.18 Right to file a claim.
The right to file a claim for reimbursement or credit under
this subchapter may be exercised by the claimant or on behalf
of a claimant by the claimant’s legal guardian, spouse, or
attorney, or by the executor or administrator of the claimant’s
estate. If a claimant dies after having filed a claim for
reimbursement for rent constituting property taxes paid, the
amount of the reimbursement may be paid to another member of
the household as determined by the department of health and
human services. If the claimant was the only member of the
household, the reimbursement may be paid to the claimant’s
executor or administrator, but if neither is appointed and
qualified within one year from the date of the filing of
the claim, the reimbursement shall escheat to the state. If
a claimant dies after having filed a claim for credit for
property taxes due, the amount of credit shall be paid as if
the claimant had not died.
Sec. 1131. Section 425.19, Code 2023, is amended to read as
follows:
425.19 Claim and credit or reimbursement.
Subject to the limitations provided in this subchapter, a
claimant may annually claim a credit for property taxes due
during the fiscal year next following the base year or claim
a reimbursement for rent constituting property taxes paid in
the base year. The amount of the credit for property taxes
due for a homestead shall be paid on June 15 of each year
from the elderly and disabled property tax credit fund under
-781-section 425.39, subsection 1, by the director of revenue to
the county treasurer who shall credit the money received
against the amount of the property taxes due and payable on the
homestead of the claimant and the amount of the reimbursement
for rent constituting property taxes paid shall be paid by the
director of health and human services to the claimant from the
reimbursement fund under section 425.39, subsection 2, on or
before December 31 of each year.
Sec. 1132. Section 425.20, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A claim for reimbursement for rent constituting property
taxes paid shall not be paid or allowed, unless the claim is
filed with and in the possession of the department of health
and human services on or before June 1 of the year following
the base year.
3. In case of sickness, absence, or other disability of
the claimant or if, in the judgment of the director of revenue
or the director of health and human services, as applicable,
good cause exists and the claimant requests an extension, the
director of health and human services may extend the time for
filing a claim for reimbursement and the director of revenue
may extend the time for filing a claim for credit. However,
any further time granted shall not extend beyond December 31
of the year following the year in which the claim was required
to be filed. Claims filed as a result of this subsection shall
be filed with the director of health and human services or the
director of revenue, as applicable, who shall provide for the
reimbursement of the claim to the claimant.
Sec. 1133. Section 425.25, subsection 2, Code 2023, is
amended to read as follows:
2. The director of health and human services shall make
available suitable forms with instructions for claimants of the
reimbursement for rent constituting property taxes paid. The
claim shall be in a form as the director of health and human
services may prescribe. The director of revenue shall devise a
-782-reimbursement table with amounts rounded to the nearest even
whole dollar and provide such table to the director of health
and human services. Reimbursements in the amount of less than
one dollar shall not be paid.
Sec. 1134. Section 425.26, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Every claimant for reimbursement of rent constituting
property taxes paid shall give the department of health and
human services, in support of the claim, reasonable proof of:
Sec. 1135. Section 425.26, subsection 3, Code 2023, is
amended to read as follows:
3. The department of revenue or the department of health and
human services may require any additional proof necessary to
support a claim.
Sec. 1136. Section 425.27, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. The department of health and human services is
responsible for the audit of claims for reimbursement for rent
constituting property taxes paid under this subchapter.
Sec. 1137. Section 425.27, subsection 3, Code 2023, is
amended to read as follows:
3. If on the audit of a claim for reimbursement for rent
constituting property taxes paid under this subchapter, the
department of health and human services determines the amount
of the claim to have been incorrectly calculated or that the
claim is not allowable, the department of health and human
services shall recalculate the claim and notify the claimant
of the recalculation or denial and the reasons for it. The
recalculation of the claim shall be final unless appealed
to the director of health and human services within thirty
days from the date of notice of recalculation or denial. The
director of health and human services shall grant a hearing,
and upon hearing determine the correct claim, if any, and
notify the claimant of the decision by mail. The department of
health and human services shall not adjust a claim after three
-783-years from October 31 of the year in which the claim was filed.
If the claim for reimbursement has been paid, the amount may be
recovered by the department of health and human services. The
decision of the director of health and human services shall be
final unless appealed as provided in section 425.31.
Sec. 1138. Section 425.27, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. For the purpose of administering the reimbursement for
rent constituting property taxes paid, including the duties of
the director of health and human services and the department of
health and human services under this subchapter, the director
of health and human services shall have the same powers as
those described in section 422.70.
Sec. 1139. Section 425.28, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. A claimant for reimbursement of rent constituting
property taxes paid shall expressly waive any right to
confidentiality relating to all income tax information
obtainable by the department of health and human services.
3. For the effective administration of this subchapter, the
department of revenue and the department of health and human
services shall share information obtained by each department
from claimants under this subchapter.
4. In addition to the sharing of information under
subsection 3, the department of health and human services may
release information pertaining to a person’s eligibility or
claim for or receipt of rent reimbursement to an employee of
the department of inspections and appeals in the employee’s
official conduct of an audit or investigation.
Sec. 1140. Section 425.29, subsection 3, Code 2023, is
amended to read as follows:
3. In the case of a claim for reimbursement disallowed by
the department of health and human services, the department of
health and human services may impose penalties described in
section 421.27. The department of health and human services
-784-shall send a notice of disallowance of the claim.
Sec. 1141. Section 425.31, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. Judicial review of the actions of the director of health
and human services or the department of health and human
services under this subchapter may be sought in accordance with
the terms of chapter 17A and the rules of the department of
health and human services.
3. For cause and upon a showing by the director of revenue
or the director of health and human services, as applicable,
that collection of the amount in dispute is in doubt, the
court may order the petitioner to file with the clerk a bond
for the use of the respondent, with sureties approved by the
clerk, equal to the amount appealed from, conditioned that the
petitioner shall perform the orders of the court.
4. An appeal may be taken by the claimant or the director
of revenue or the director of health and human services, as
applicable, to the supreme court of this state irrespective of
the amount involved.
Sec. 1142. Section 425.33, subsection 1, Code 2023, is
amended to read as follows:
1. If upon petition by a claimant the department of health
and human services determines that a landlord has increased the
claimant’s rent primarily because the claimant is eligible for
reimbursement under this subchapter, the department of health
and human services shall request the landlord by mail to reduce
the rent appropriately.
Sec. 1143. Section 425.33, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In determining whether a landlord has increased a
claimant’s rent primarily because the claimant is eligible for
reimbursement under this subchapter, the department of health
and human services shall consider the following factors:
Sec. 1144. Section 425.33, subsection 3, Code 2023, is
amended to read as follows:
-785- 3. If the landlord fails to comply with the request of the
department of health and human services within fifteen days
after the request is mailed, the department of health and human
services shall order the rent reduced by an appropriate amount.
Sec. 1145. Section 425.34, subsection 1, Code 2023, is
amended to read as follows:
1. If the department of health and human services orders a
landlord to reduce rent to a claimant, then upon the request
of the landlord the department of health and human services
shall hold a prompt hearing of the matter, to be conducted in
accordance with the rules of the department. The department of
health and human services shall give notice of the decision by
mail to the claimant and to the landlord.
Sec. 1146. Section 425.37, Code 2023, is amended to read as
follows:
425.37 Rules.
The director of revenue and the director of health and human
services shall each adopt rules in accordance with chapter
17A for the interpretation and proper administration of this
subchapter and each department’s applicable powers and duties
under this subchapter, including rules to prevent and disallow
duplication of benefits and to prevent any unreasonable
hardship or advantage to any person.
Sec. 1147. Section 425.39, subsection 2, Code 2023, is
amended to read as follows:
2. The elderly and disabled rent reimbursement fund is
created. There is appropriated annually from the general fund
of the state to the department of health and human services
to be credited to the elderly and disabled rent reimbursement
fund, from funds not otherwise appropriated, an amount
sufficient to implement this subchapter for reimbursement for
rent constituting property taxes paid for claimants described
in section 425.17, subsection 2, paragraph “a”, subparagraph
(1).
Sec. 1148. Section 425.40, Code 2023, is amended to read as
-786-follows:
425.40 Low-income fund created.
1. A low-income tax credit and reimbursement fund is
created. Within the low-income tax credit and reimbursement
fund, a rent reimbursement account is created under the control
of the department of health and human services and a tax
credit account is created under the control of the department
of revenue. Amounts appropriated to the fund shall first be
credited to the rent reimbursement account.
2. a. The director of health and human services shall use
amounts credited to the rent reimbursement account for a fiscal
year to pay all claims for reimbursement of rent constituting
property taxes paid for claimants described in section 425.17,
subsection 2, paragraph “a”, subparagraph (2). If the amount
appropriated for purposes of this section for a fiscal year
and credited to the rent reimbursement account is insufficient
to pay all claims in full, the director of health and human
services shall pay all such claims on a pro rata basis.
b. If the amount appropriated for purposes of this section
for a fiscal year and credited to the rent reimbursement
account exceeds the amount necessary to pay in full all
reimbursement claims for the fiscal year, the department of
health and human services shall transfer such excess amount
to the department of revenue for deposit in the tax credit
account. The department of revenue shall use any amounts
credited to the tax credit account for a fiscal year to pay to
the counties all claims for credit for property taxes due for
the fiscal year, or if such amount is insufficient, to pay to
the counties all such claims on a pro rata basis.
3. In order for the director of revenue or the director
of health and human services to carry out the requirements of
subsection 2, notwithstanding any provision to the contrary in
this subchapter, claims for reimbursement for rent constituting
property taxes paid filed before May 1 of the fiscal year
shall be eligible to be paid in full during the fiscal year
-787-and those claims filed on or after May 1 of the fiscal year
shall be eligible to be paid during the following fiscal year
and the director of revenue is not required to make payments
to counties for the property tax credit before June 15 of the
fiscal year.
Sec. 1149. Section 426B.1, Code 2023, is amended to read as
follows:
426B.1 Appropriations — property tax relief fund.
1. A property tax relief fund is created in the state
treasury under the authority of the department of health
and human services. The fund shall be separate from the
general fund of the state and shall not be considered part
of the general fund of the state except in determining the
cash position of the state for payment of state obligations.
The moneys in the fund are not subject to the provisions of
section 8.33 and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this chapter. Moneys in the fund may be used for cash flow
purposes, provided that any moneys so allocated are returned
to the fund by the end of each fiscal year. However, the
fund shall be considered a special account for the purposes
of section 8.53, relating to elimination of any GAAP deficit.
For the purposes of this chapter, unless the context otherwise
requires, “property tax relief fund” means the property tax
relief fund created in this section.
2. Moneys shall be distributed from the property tax relief
fund to the mental health and disability services regional
service system for mental health and disabilities disability
services, in accordance with the appropriations made to the
fund and other statutory requirements.
Sec. 1150. Section 426B.2, Code 2023, is amended to read as
follows:
426B.2 Property tax relief fund payments.
The director of health and human services shall draw
warrants on the property tax relief fund, payable to
-788-the regional administrator in the amount due to a mental
health and disability services region in accordance with
statutory requirements, and mail the warrants to the regional
administrator in July and January of each year.
Sec. 1151. Section 426B.4, Code 2023, is amended to read as
follows:
426B.4 Rules.
The mental health and disability services commission shall
consult with regional administrators and the director of health
and human services in prescribing forms and adopting rules
pursuant to chapter 17A to administer this chapter.
Sec. 1152. Section 427.9, Code 2023, is amended to read as
follows:
427.9 Suspension of taxes, assessments, and rates or charges,
including interest, fees, and costs.
If a person is a recipient of federal supplementary security
income or state supplementary assistance, as defined in
section 249.1, or is a resident of a health care facility, as
defined by section 135C.1, which is receiving payment from
the department of health and human services for the person’s
care, the person shall be deemed to be unable to contribute to
the public revenue. The director of health and human services
shall notify a person receiving such assistance of the tax
suspension provision and shall provide the person with evidence
to present to the appropriate county board of supervisors which
shows the person’s eligibility for tax suspension on parcels
owned, possessed, or upon which the person is paying taxes
as a purchaser under contract. The board of supervisors so
notified, without the filing of a petition and statement as
specified in section 427.8, shall order the county treasurer to
suspend the collection of all the taxes, special assessments,
and rates or charges, including interest, fees, and costs,
assessed against the parcels and remaining unpaid by the person
or contractually payable by the person, for such time as the
person remains the owner or contractually prospective owner
-789-of the parcels, and during the period the person receives
assistance as described in this section. The county board of
supervisors shall annually send to the department of health
and human services the names and social security numbers of
persons receiving a tax suspension pursuant to this section.
The department shall verify the continued eligibility for tax
suspension of each name on the list and shall return the list
to the board of supervisors. The director of health and human
services shall advise the person that the person may apply for
an additional property tax credit pursuant to sections 425.16
through 425.37 which shall be credited against the amount of
the taxes suspended.
Sec. 1153. Section 432.13, Code 2023, is amended to read as
follows:
432.13 Premium tax exemption — hawk-i Hawki program — state
employee benefits.
1. Premiums collected by participating insurers under
chapter 514I are exempt from premium tax.
2. Premiums received for benefits acquired on behalf of
state employees by the department of administrative services
pursuant to section 8A.402, subsection 1, and by the state
board of regents pursuant to chapter 262, are exempt from
premium tax.
Sec. 1154. Section 453A.13, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The department, or a city or county, shall submit
a duplicate of any application for a retail permit to the
alcoholic beverages division of the department of commerce
within thirty days of the issuance. The alcoholic beverages
division of the department of commerce shall submit the current
list of all retail permits issued to the Iowa department of
public health and human services by the last day of each
quarter of a state fiscal year.
Sec. 1155. Section 453A.35A, subsection 2, Code 2023, is
amended to read as follows:
-790- 2. Moneys in the fund shall be used only for purposes
related to health care, substance abuse use disorder treatment
and prevention, and tobacco use prevention, cessation, and
control.
Sec. 1156. Section 453A.47A, subsection 6, Code 2023, is
amended to read as follows:
6. Issuance. Cities may issue retail permits to retailers
located within their respective limits. County boards of
supervisors may issue retail permits to retailers located in
their respective counties, outside of the corporate limits of
cities. The city or county shall submit a duplicate of any
application for a retail permit to the alcoholic beverages
division of the department of commerce within thirty days of
issuance of a permit. The alcoholic beverages division of the
department of commerce shall submit the current list of all
retail permits issued to the Iowa department of public health
and human services by the last day of each quarter of a state
fiscal year.
Sec. 1157. Section 455B.190A, subsection 3, paragraph b,
subparagraph (5), Code 2023, is amended to read as follows:
(5) The director of public health and human services or the
director’s designee.
Sec. 1158. Section 455B.335A, subsection 1, Code 2023, is
amended to read as follows:
1. The director shall require that a person who operates
or proposes to operate a waste incinerator which provides for
the incineration of pathological radioactive materials conduct
dispersion modeling, under the direction of the Iowa department
of public health and human services, for radiological isotopes
to measure the emission levels of alpha and gamma rays. The
director shall allow a three-month period during which time the
operator or person proposing operation of such an incinerator
shall conduct the required dispersion modeling. In order to
initiate or continue such incineration, the results of the
modeling shall provide that the existing incinerator meets
-791-or the proposed incinerator will meet the emission standards
established by the United States environmental protection
agency for a selected isotope.
Sec. 1159. Section 455B.427, subsection 2, paragraph c,
Code 2023, is amended to read as follows:
c. A summary of serious health problems in the immediate
vicinity of the site and health problems deemed by the director
in cooperation with the Iowa department of public health and
human services to be related to conditions at the site.
Sec. 1160. Section 455B.427, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In developing and maintaining the annual report, the
director shall assess the relative priority of the need for
action at each site to remedy environmental and health problems
resulting from the presence of hazardous wastes or hazardous
substances at the sites. In making assessments of relative
priority, the director, in cooperation with the Iowa department
of public health and human services on matters relating to
public health, shall place every site in one of the following
classifications:
Sec. 1161. Section 455B.427, subsection 5, Code 2023, is
amended to read as follows:
5. The director shall work with the Iowa department of
public health and human services when assessing the effects of
a hazardous waste or hazardous substance disposal site on human
health.
Sec. 1162. Section 455E.11, subsection 2, paragraph a,
subparagraph (2), subparagraph division (a), subparagraph
subdivision (i), Code 2023, is amended to read as follows:
(i) Eight thousand dollars shall be transferred to the Iowa
department of public health and human services for departmental
duties required under section sections 135.11, subsections 18
and 19, and section 139A.21.
Sec. 1163. Section 455E.11, subsection 2, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
-792- (1) Nine thousand dollars of the account is appropriated
to the Iowa department of public health and human services for
carrying out the departmental duties under section sections
135.11, subsections 18 and 19, and section 139A.21.
Sec. 1164. Section 455E.11, subsection 2, paragraph
b, subparagraph (2), subparagraph division (b), unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Two percent is appropriated annually to the department and,
except for administrative expenses, is transferred to the Iowa
department of public health and human services for the purpose
of administering grants to counties and conducting oversight of
county-based programs for the testing of private rural water
supply wells, private rural water supply well sealing, and the
proper closure of private rural abandoned wells and cisterns.
Not more than thirty-five percent of the moneys is appropriated
annually for grants to counties for the purpose of conducting
programs of private rural water supply testing, private rural
water supply well sealing, the proper closure of private rural
abandoned wells and cisterns, or any combination thereof.
An amount agreed to by the department of natural resources
and the Iowa department of public health and human services
shall be retained by the department of natural resources for
administrative expenses.
Sec. 1165. Section 455E.11, subsection 2, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The moneys collected pursuant to section 455F.7
and moneys collected pursuant to section 29C.8A which are
designated for deposit shall be deposited in the household
hazardous waste account. Two thousand dollars is appropriated
annually to the Iowa department of public health and human
services to carry out departmental duties under section
sections 135.11, subsections 18 and 19, and section 139A.21.
The remainder of the account shall be used to fund the efforts
of the department to support a collection system for household
hazardous materials, including public education programs,
-793-training, and consultation of local governments in the
establishment and operation of permanent collection systems,
and the management of collection sites, education programs,
and other activities pursuant to chapter 455F, including the
administration of the household hazardous materials retailer
permit program by the department of revenue.
Sec. 1166. Section 455E.11, subsection 2, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) One thousand dollars is appropriated annually to
the Iowa department of public health and human services to
carry out departmental duties under section sections 135.11,
subsections 18 and 19, and section 139A.21.
Sec. 1167. Section 462A.14, subsection 2, paragraph a,
subparagraph (4), Code 2023, is amended to read as follows:
(4) Assignment to substance abuse use disorder evaluation
and treatment, pursuant to subsection 12, and a course for
drinking drivers.
Sec. 1168. Section 462A.14, subsection 2, paragraph b,
subparagraph (4), Code 2023, is amended to read as follows:
(4) Assignment to substance abuse use disorder evaluation
and treatment, pursuant to subsections 12 and 13, and a course
for drinking drivers.
Sec. 1169. Section 462A.14, subsection 2, paragraph c,
subparagraph (4), Code 2023, is amended to read as follows:
(4) Assignment to substance abuse use disorder evaluation
and treatment, pursuant to subsections 12 and 13, and a course
for drinking drivers.
Sec. 1170. Section 462A.14, subsection 2, paragraphs d and
e, Code 2023, are amended to read as follows:
d. A class “D” felony for any offense under this
section resulting in serious injury to persons other than
the defendant, if the court determines that the person who
committed the offense caused the serious injury, and shall
be imprisoned for a determinate sentence of not more than
five years but not less than thirty days, or committed to the
-794-custody of the director of the department of corrections, and
assessed a fine of not less than two thousand five hundred
dollars nor more than seven thousand five hundred dollars. A
person convicted of a felony offense may be committed to the
custody of the director of the department of corrections, who
shall assign the person to a facility pursuant to section
904.513. The court shall also order that the person not
operate a motorboat or sailboat for one year in addition to
any other period of time the defendant would have been ordered
not to operate if no injury had occurred in connection with
the violation. The court shall also assign the defendant to
substance abuse use disorder evaluation and treatment pursuant
to subsections 12 and 13, and a course for drinking drivers.
e. A class “B” felony for any offense under this section
resulting in the death of persons other than the defendant, if
the court determines that the person who committed the offense
caused the death, and shall be imprisoned for a determinate
sentence of not more than twenty-five years, or committed to
the custody of the director of the department of corrections.
A person convicted of a felony offense may be committed to
the custody of the director of the department of corrections,
who shall assign the person to a facility pursuant to section
904.513. The court shall also order that the person not
operate a motorboat or sailboat for six years. The court shall
also assign the defendant to substance abuse use disorder
evaluation and treatment pursuant to subsections 12 and 13, and
a course for drinking drivers.
Sec. 1171. Section 462A.14, subsection 12, Code 2023, is
amended to read as follows:
12. a. All substance abuse use disorder evaluations
required under this section shall be completed at the
defendant’s expense.
b. In addition to assignment to substance abuse use disorder
evaluation and treatment under this section, the court shall
order any defendant convicted under this section to follow the
-795-recommendations proposed in the substance abuse use disorder
evaluation for appropriate substance abuse use disorder
treatment for the defendant. Court-ordered substance abuse
use disorder treatment is subject to the periodic reporting
requirements of section 125.86.
c. If a defendant is committed by the court to a substance
abuse use disorder treatment facility, the administrator of the
facility shall report to the court when it is determined that
the defendant has received the maximum benefit of treatment
at the facility and the defendant shall be released from the
facility. The time for which the defendant is committed for
treatment shall be credited against the defendant’s sentence.
d. The court may prescribe the length of time for the
evaluation and treatment or the court may request that the
community college or licensed substance abuse use disorder
program conducting the course for drinking drivers which the
defendant is ordered to attend or the treatment program to
which the defendant is committed immediately report to the
court when the defendant has received maximum benefit from
the course for drinking drivers or treatment program or has
recovered from the defendant’s addiction, dependency, or
tendency to chronically abuse use alcohol or drugs.
e. Upon successfully completing a course for drinking
drivers or an ordered substance abuse use disorder treatment
program, a court may place the defendant on probation for six
months and as a condition of probation, the defendant shall
attend a program providing posttreatment services relating to
substance abuse use disorder as approved by the court.
f. A defendant committed under this section who does not
possess sufficient income or estate to make payment of the
costs of the treatment in whole or in part shall be considered
a state patient and the costs of treatment shall be paid as
provided in section 125.44.
g. A defendant who fails to carry out the order of the
court shall be confined in the county jail for twenty days in
-796-addition to any other imprisonment ordered by the court or may
be ordered to perform unpaid community service work, and shall
be placed on probation for one year with a violation of this
probation punishable as contempt of court.
h. In addition to any other condition of probation, the
defendant shall attend a program providing substance abuse use
disorder prevention services or posttreatment services related
to substance abuse use disorder as ordered by the court. The
defendant shall report to the defendant’s probation officer as
ordered concerning proof of attendance at the treatment program
or posttreatment program ordered by the court. Failure to
attend or complete the program shall be considered a violation
of probation and is punishable as contempt of court.
Sec. 1172. Section 466B.3, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. The director of the department of public health and human
services or the director’s designee.
Sec. 1173. Section 470.5, Code 2023, is amended to read as
follows:
470.5 Exceptions.
This chapter does not apply to buildings used on January 1,
1980, by the division of adult corrections of the department
of health and human services as maximum security detention
facilities or to the renovation of property nominated to, or
entered in the national register of historic places, designated
by statute, or included in an established list of historic
places compiled by the historical division of the department of
cultural affairs.
Sec. 1174. Section 476.20, subsection 2, Code 2023, is
amended to read as follows:
2. The board shall establish rules requiring a regulated
public utility furnishing gas or electricity to include in
the utility’s notice of pending disconnection of service a
written statement advising the customer that the customer
may be eligible to participate in the low income home energy
-797-assistance program or weatherization assistance program
administered by the division of community action agencies
of the department of health and human rights services. The
written statement shall list the address and telephone number
of the local agency which is administering the customer’s low
income home energy assistance program and the weatherization
assistance program. The written statement shall also state
that the customer is advised to contact the public utility
to settle any of the customer’s complaints with the public
utility, but if a complaint is not settled to the customer’s
satisfaction, the customer may file the complaint with the
board. The written statement shall include the address
and phone number of the board. If the notice of pending
disconnection of service applies to a residence, the written
statement shall advise that the disconnection does not apply
from November 1 through April 1 for a resident who is a “head
of household”, as defined in section 422.4, and who has been
certified to the public utility by the local agency which is
administering the low income home energy assistance program and
weatherization assistance program as being eligible for either
the low income home energy assistance program or weatherization
assistance program, and that if such a resident resides within
the serviced residence, the customer should promptly have
the qualifying resident notify the local agency which is
administering the low income home energy assistance program and
weatherization assistance program. The board shall establish
rules requiring that the written notice contain additional
information as it deems necessary and appropriate.
Sec. 1175. Section 476.51, subsection 5, Code 2023, is
amended to read as follows:
5. Civil penalties collected pursuant to this section from
utilities providing water, electric, or gas service shall
be forwarded by the chief operating officer of the board to
the treasurer of state to be credited to the general fund of
the state and to be used only for the low income home energy
-798-assistance program and the weatherization assistance program
administered by the division of community action agencies of
the department of health and human rights services. Civil
penalties collected pursuant to this section from utilities
providing telecommunications service shall be forwarded to
the treasurer of state to be credited to the department of
commerce revolving fund created in section 546.12 to be used
only for consumer education programs administered by the board.
Penalties paid by a rate-regulated public utility pursuant to
this section shall be excluded from the utility’s costs when
determining the utility’s revenue requirement, and shall not be
included either directly or indirectly in the utility’s rates
or charges to customers.
Sec. 1176. Section 476.66, subsection 6, Code 2023, is
amended to read as follows:
6. The rules established by the utilities board shall
require an annual report to be filed for each fund. The
utilities board shall compile an annual statewide report of the
fund results. The division of community action agencies of the
department of health and human rights services shall prepare
an annual report of the unmet need for energy assistance
and weatherization. Both reports shall be submitted to the
appropriations committees of the general assembly on the first
day of the following session.
Sec. 1177. Section 477C.5, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. One representative from the office of deaf services of
the department of health and human rights services.
Sec. 1178. Section 478.29, subsection 1, Code 2023, is
amended to read as follows:
1. A person who violates a provision of this chapter is
subject to a civil penalty, which may be levied by the board,
of not more than one hundred dollars per violation or one
thousand dollars per day of a continuing violation, whichever
is greater. Civil penalties collected pursuant to this section
-799-shall be forwarded by the chief operating officer of the board
to the treasurer of state to be credited to the general fund of
the state and appropriated to the division of community action
agencies of the department of health and human rights services
for purposes of the low income home energy assistance program
and the weatherization assistance program.
Sec. 1179. Section 479.31, subsection 1, Code 2023, is
amended to read as follows:
1. A person who violates this chapter or any rule or
order issued pursuant to this chapter shall be subject to
a civil penalty levied by the board in accordance with 49
C.F.R. §190.223. Each day that the violation continues shall
constitute a separate offense. Civil penalties collected
pursuant to this section shall be forwarded by the chief
operating officer of the board to the treasurer of state to be
credited to the general fund of the state and appropriated to
the division of community action agencies of the department
of health and human rights services for purposes of the low
income home energy assistance program and the weatherization
assistance program.
Sec. 1180. Section 479B.21, subsection 1, Code 2023, is
amended to read as follows:
1. A person who violates this chapter or any rule or
order issued pursuant to this chapter shall be subject to a
civil penalty levied by the board in an amount not to exceed
one thousand dollars for each violation. Each day that the
violation continues shall constitute a separate offense.
However, the maximum civil penalty shall not exceed two hundred
thousand dollars for any related series of violations. Civil
penalties collected pursuant to this section shall be forwarded
by the chief operating officer of the board to the treasurer
of state to be credited to the general fund of the state and
appropriated to the division of community action agencies of
the department of health and human rights services for purposes
of the low income home energy assistance program and the
-800-weatherization assistance program.
Sec. 1181. Section 483A.24, subsections 7 and 15, Code 2023,
are amended to read as follows:
7. A license shall not be required of minor pupils of the
Iowa braille and sight saving school, Iowa school for the deaf,
or of minor residents of other state institutions under the
control of an administrator of a division of the department
of health and human services. In addition, a person who is
on active duty with the armed forces of the United States,
on authorized leave from a duty station located outside of
this state, and a resident of the state of Iowa shall not be
required to have a license to hunt or fish in this state. The
military person shall carry the person’s leave papers and a
copy of the person’s current earnings statement showing a
deduction for Iowa income taxes while hunting or fishing. In
lieu of carrying the person’s earnings statement, the military
person may also claim residency if the person is registered to
vote in this state. If a deer or wild turkey is taken, the
military person shall immediately contact a state conservation
officer to obtain an appropriate tag to transport the animal.
A license shall not be required of residents of county care
facilities or any person who is receiving supplementary
assistance under chapter 249.
15. The department may issue a permit, subject to conditions
established by the department, which authorizes patients of a
substance abuse use disorder facility, residents of health care
facilities licensed under chapter 135C, tenants of elder group
homes licensed under chapter 231B, tenants of assisted living
program facilities licensed under chapter 231C, participants
who attend adult day services programs licensed under chapter
231D, participants in services funded under a federal home and
community-based services waiver implemented under the medical
assistance program as defined in chapter 249A, and persons
cared for in juvenile shelter care homes as provided for in
chapter 232 to fish without a license as a supervised group.
-801-A person supervising a group pursuant to this subsection may
fish with the group pursuant to the permit and is not required
to obtain a fishing license.
Sec. 1182. Section 505.16, subsection 2, Code 2023, is
amended to read as follows:
2. The insurance commissioner shall approve rules for
carrying out this section including rules relating to the
preparation of information to be provided before and after a
test and the protection of confidentiality of personal and
medical records of insurance applicants and policyholders.
The rules shall require a person engaged in the business
of insurance who receives results of a positive human
immunodeficiency virus test of an insurance applicant or
policyholder to report those results to a physician or
alternative testing site of the applicant’s or policyholder’s
choice, or if the applicant or policyholder does not choose a
physician or alternative testing site to receive the results,
to the Iowa department of public health and human services.
Sec. 1183. Section 505.25, Code 2023, is amended to read as
follows:
505.25 Information provided to medical assistance program,
hawk-i Hawki program, and child support recovery unit services.
A carrier, as defined in section 514C.13, shall enter into
a health insurance data match program with the department of
health and human services for the sole purpose of comparing the
names of the carrier’s insureds with the names of recipients of
the medical assistance program under chapter 249A, individuals
under the purview of the child support recovery unit services
pursuant to chapter 252B, or enrollees of the hawk-i Hawki
program under chapter 514I.
Sec. 1184. Section 505.34, Code 2023, is amended to read as
follows:
505.34 Medical assistance and hawk-i Hawki programs —
applicability of subtitle.
1. The medical assistance program under chapter 249A and
-802-the healthy and well kids in Iowa (hawk-i) (Hawki) program
under chapter 514I shall not be subject to this subtitle unless
otherwise provided by law.
2. A managed care organization acting pursuant to a contract
with the department of health and human services to administer
the medical assistance program under chapter 249A, or the
healthy and well kids in the Iowa (hawk-i) (Hawki) program
under chapter 514I, shall not be subject to this subtitle
unless otherwise provided by law.
Sec. 1185. Section 508C.5, subsection 13, paragraph f, Code
2023, is amended to read as follows:
f. An entity whose only business in this state is operating
as a managed care organization. For purposes of this
paragraph, “managed care organization” means an entity that is
under contract with the Iowa department of health and human
services to provide services to Medicaid recipients and that
also meets the definition of “health maintenance organization”
in section 514B.1.
Sec. 1186. Section 509.1, subsection 7, Code 2023, is
amended to read as follows:
7. A policy issued to the department of health and human
services, which shall be deemed the policyholder, to insure
eligible persons for medical assistance, or for both mandatory
medical assistance and optional medical assistance, as defined
by chapter 249A as hereafter amended.
Sec. 1187. Section 509.3A, subsection 12, Code 2023, is
amended to read as follows:
12. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1188. Section 510B.1, subsections 9 and 22, Code 2023,
are amended to read as follows:
9. “Health carrier” means an entity subject to the
insurance laws and regulations of this state, or subject
to the jurisdiction of the commissioner, including an
insurance company offering sickness and accident plans, a
health maintenance organization, a nonprofit health service
-803-corporation, or a plan established pursuant to chapter 509A for
public employees. “Health carrier” does not include any of the
following:
a. The department of health and human services.
b. A managed care organization acting pursuant to a contract
with the department of health and human services to administer
the medical assistance program under chapter 249A or the
healthy and well kids in Iowa (hawk-i) (Hawki) program under
chapter 514I.
c. A policy or contract providing a prescription drug
benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
d. A plan offered or maintained by a multiple employer
welfare arrangement established under chapter 513D before
January 1, 2022.
22. “Third-party payor” means any entity other than a
covered person or a health care provider that is responsible
for any amount of reimbursement for a prescription drug
benefit. “Third-party payor” includes health carriers and other
entities that provide a plan of health insurance or health
care benefits. “Third-party payor” does not include any of the
following:
a. The department of health and human services.
b. A managed care organization acting pursuant to a contract
with the department of health and human services to administer
the medical assistance program under chapter 249A or the
healthy and well kids in Iowa (hawk-i) (Hawki) program under
chapter 514I.
c. A policy or contract providing a prescription drug
benefit pursuant to 42 U.S.C.ch.7, subch.XVIII, part D.
Sec. 1189. Section 513B.2, subsection 8, paragraph l, Code
2023, is amended to read as follows:
l. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1190. Section 513C.3, subsection 12, paragraph d, Code
2023, is amended to read as follows:
d. Loss of eligibility for the hawk-i Hawki program
-804-authorized in chapter 514I.
Sec. 1191. Section 514.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Subscriber” means an individual who enters into a
contract for health care services with a corporation subject
to this chapter and includes a person eligible for mandatory
medical assistance or optional medical assistance as defined
under chapter 249A, with respect to whom the department of
health and human services has entered into a contract with a
firm operating under this chapter.
Sec. 1192. Section 514A.3B, subsection 3, paragraph l, Code
2023, is amended to read as follows:
l. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1193. Section 514B.3, subsection 1, paragraph m, Code
2023, is amended to read as follows:
m. A description of the procedures and programs to be
implemented to meet the requirements for quality of health
care as determined by the director of public health and human
services under section 514B.4.
Sec. 1194. Section 514B.3, subsection 3, Code 2023, is
amended to read as follows:
3. Upon receipt of an application for a certificate of
authority, the commissioner shall immediately transmit copies
of the application and accompanying documents to the director
of public health and human services and the affected regional
health planning council, as authorized by Pub.L. No.89-749,
42 U.S.C. §246(b)2b, for their nonbinding consultation and
advice.
Sec. 1195. Section 514B.4A, Code 2023, is amended to read
as follows:
514B.4A Direct provision of health care services.
1. An application for a certificate of authority to
provide health care services, directly, shall be forwarded
by the commissioner to the director of public health and
human services for review, comment, and recommendation, with
-805-respect to the health care services to be provided directly, to
assure that the applicant has demonstrated the willingness and
potential ability to provide the health care services through
adequate personnel and facilities.
2. Rules proposed by the commissioner for adoption
for the direct provision of health care services by a
health maintenance organization, shall be forwarded by the
commissioner to the director of public health and human
services for review, comment, and recommendation, prior to
submission to the administrative rules coordinator pursuant to
section 17A.4.
3. The director of public health and human services shall
respond to the commissioner, with respect to an application
or proposed rule, with any comments or recommendations within
thirty days of the forwarding of the application or proposed
rules to the director of public health and human services.
Sec. 1196. Section 514B.32, subsection 5, Code 2023, is
amended to read as follows:
5. The provisions of this chapter shall be applicable to a
managed care organization acting pursuant to a contract with
the department of health and human services to administer the
medical assistance program under chapter 249A, or the healthy
and well kids in Iowa (hawk-i) (Hawki) program under chapter
514I, only with respect to licensure and solvency standards
as evidenced by the managed care organization obtaining
and maintaining a certificate of authority, and maintaining
compliance with the solvency standards set forth in this
chapter.
Sec. 1197. Section 514B.33, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. For purposes of this section, “limited service
organization” means an organization providing dental care
services, vision care services, mental health services,
substance abuse use disorder services, pharmaceutical services,
podiatric care services, or such other services as may be
-806-determined by the commissioner.
Sec. 1198. Section 514C.9, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Enroll a child who is eligible for coverage under the
applicable terms and conditions of the health benefit plan and
the standard enrollment guidelines of the insurer, without
regard to any time of enrollment restriction, under dependent
coverage upon application by the obligee or other legal
custodian of the child or by the department of health and human
services in the event an obligor required by a court order or
administrative order fails to apply for coverage for the child.
Sec. 1199. Section 514C.9, subsection 4, Code 2023, is
amended to read as follows:
4. A group health plan shall establish reasonable
procedures to determine whether a child is covered under a
qualified medical child support order issued pursuant to
chapter 252E.The procedures shall be in writing, provide for
prompt notice of each person specified in the medical child
support order as eligible to receive benefits under the group
health plan upon receipt by the plan of the medical child
support order, and allow an obligee or other legal custodian
of the child under chapter 252E to designate a representative
for receipt of copies of notices in regard to the medical child
support order that are sent to the obligee or other legal
custodian of the child and the department of health and human
services’ child support recovery unit services.
Sec. 1200. Section 514C.18, subsection 1, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The diabetes self-management training and education
program is certified by the Iowa department of public health
and human services. The department shall consult with the
American diabetes association, Iowa affiliate, in developing
the standards for certification of diabetes education programs
that cover at least ten hours of initial outpatient diabetes
self-management training within a continuous twelve-month
-807-period and up to two hours of follow-up training for each
subsequent year for each individual diagnosed by a physician or
physician assistant with any type of diabetes mellitus.
Sec. 1201. Section 514C.27, Code 2023, is amended to read
as follows:
514C.27 Mental illness and substance abuse use disorder
treatment coverage for veterans.
1. Notwithstanding the uniformity of treatment requirements
of section 514C.6, a group policy or contract providing for
third-party payment or prepayment of health or medical expenses
issued by a carrier, as defined in section 513B.2, shall
provide coverage benefits to an insured who is a veteran for
treatment of mental illness and substance abuse use disorder if
either of the following is satisfied:
a. The policy or contract is issued to an employer who
on at least fifty percent of the employer’s working days
during the preceding calendar year employed more than fifty
full-time equivalent employees. In determining the number
of full-time equivalent employees of an employer, employers
who are affiliated or who are able to file a consolidated tax
return for purposes of state taxation shall be considered one
employer.
b. The policy or contract is issued to a small employer as
defined in section 513B.2, and such policy or contract provides
coverage benefits for the treatment of mental illness and
substance abuse use disorder.
2. Notwithstanding the uniformity of treatment requirements
of section 514C.6, a plan established pursuant to chapter 509A
for public employees shall provide coverage benefits to an
insured who is a veteran for treatment of mental illness and
substance abuse use disorder as defined in subsection 3.
3. For purposes of this section:
a. “Mental illness” means mental disorders as defined by the
commissioner by rule.
b. “Substance abuse use disorder” means a pattern of
-808-pathological use of alcohol or a drug that causes impairment
in social or occupational functioning, or that produces
physiological dependency evidenced by physical tolerance or by
physical symptoms when the alcohol or drug is withdrawn.
c. “Veteran” means the same as defined in section 35.1.
4. The commissioner, by rule, shall define “mental illness”
consistent with definitions provided in the most recent edition
of the American psychiatric association’s diagnostic and
statistical manual of mental disorders, as the definitions may
be amended from time to time. The commissioner may adopt the
definitions provided in such manual by reference.
5. This section shall not apply to accident-only,
specified disease, short-term hospital or medical, hospital
confinement indemnity, credit, dental, vision, Medicare
supplement, long-term care, basic hospital and medical-surgical
expense coverage as defined by the commissioner, disability
income insurance coverage, coverage issued as a supplement
to liability insurance, workers’ compensation or similar
insurance, or automobile medical payment insurance, or
individual accident and sickness policies issued to individuals
or to individual members of a member association.
6. A carrier or plan established pursuant to chapter 509A
may manage the benefits provided through common methods,
including but not limited to providing payment of benefits or
providing care and treatment under a capitated payment system,
prospective reimbursement rate system, utilization control
system, incentive system for the use of least restrictive and
least costly levels of care, a preferred provider contract
limiting choice of specific providers, or any other system,
method, or organization designed to assure services are
medically necessary and clinically appropriate.
7. a. A group policy or contract or plan covered under this
section shall not impose an aggregate annual or lifetime limit
on mental illness or substance abuse use disorder coverage
benefits unless the policy or contract or plan imposes an
-809-aggregate annual or lifetime limit on substantially all medical
and surgical coverage benefits.
b. A group policy or contract or plan covered under this
section that imposes an aggregate annual or lifetime limit on
substantially all medical and surgical coverage benefits shall
not impose an aggregate annual or lifetime limit on mental
illness or substance abuse use disorder coverage benefits which
is less than the aggregate annual or lifetime limit imposed on
substantially all medical and surgical coverage benefits.
8. A group policy or contract or plan covered under this
section shall at a minimum allow for thirty inpatient days
and fifty-two outpatient visits annually. The policy or
contract or plan may also include deductibles, coinsurance,
or copayments, provided the amounts and extent of such
deductibles, coinsurance, or copayments applicable to other
medical or surgical services coverage under the policy or
contract or plan are the same. It is not a violation of this
section if the policy or contract or plan excludes entirely
from coverage benefits for the cost of providing the following:
a. Care that is substantially custodial in nature.
b. Services and supplies that are not medically necessary or
clinically appropriate.
c. Experimental treatments.
9. This section applies to third-party payment provider
policies or contracts and plans established pursuant to chapter
509A delivered, issued for delivery, continued, or renewed in
this state on or after January 1, 2011.
Sec. 1202. Section 514E.1, subsection 6, paragraph k, Code
2023, is amended to read as follows:
k. The hawk-i Hawki program authorized by chapter 514I.
Sec. 1203. Section 514F.7, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. “Health carrier” means an entity subject to the
insurance laws and regulations of this state, or subject
to the jurisdiction of the commissioner, including an
-810-insurance company offering sickness and accident plans, a
health maintenance organization, a nonprofit health service
corporation, a plan established pursuant to chapter 509A
for public employees, or any other entity providing a plan
of health insurance, health care benefits, or health care
services. “Health carrier” does not include a managed care
organization as defined in 441 IAC 73.1 when the managed care
organization is acting pursuant to a contract with the Iowa
department of health and human services to provide services to
Medicaid recipients.
Sec. 1204. Section 514F.8, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. “Health carrier” means an entity subject to the
insurance laws and regulations of this state, or subject
to the jurisdiction of the commissioner, including an
insurance company offering sickness and accident plans, a
health maintenance organization, a nonprofit health service
corporation, a plan established pursuant to chapter 509A
for public employees, or any other entity providing a plan
of health insurance, health care benefits, or health care
services. “Health carrier” does not include the department
of health and human services, or a managed care organization
acting pursuant to a contract with the department of health
and human services to administer the medical assistance
program under chapter 249A or the healthy and well kids in Iowa
(hawk-i) (Hawki) program under chapter 514I.
Sec. 1205. Section 514H.2, subsection 2, Code 2023, is
amended to read as follows:
2. The insurance division of the department of commerce
shall administer the program in cooperation with the division
responsible for medical services within the department
of health and human services. Each agency shall take all
necessary actions, including filing an appropriate medical
assistance state plan amendment to the state Medicaid plan to
take full advantage of the benefits and features of the Deficit
-811-Reduction Act of 2005.
Sec. 1206. Section 514H.5, subsection 2, Code 2023, is
amended to read as follows:
2. When the division responsible for medical services
within the department of health and human services determines
whether an individual is eligible for medical assistance
under chapter 249A, the division department shall make an
asset disregard adjustment for any individual who meets the
requirements of section 514H.3. The asset disregard shall
be available after benefits of the qualified long-term care
insurance policy have been applied to the cost of qualified
long-term care services as required under this chapter.
Sec. 1207. Section 514H.7, subsection 3, Code 2023, is
amended to read as follows:
3. The insurance division, in cooperation with the
department of health and human services, shall adopt rules
to provide an asset disregard to individuals who are covered
by a long-term care insurance policy prior to November 17,
2005, consistent with the Iowa long-term care asset disregard
incentive program.
Sec. 1208. Section 514H.8, Code 2023, is amended to read as
follows:
514H.8 Reciprocal agreements to extend asset disregard.
The division responsible for medical services within
the department of health and human services may enter into
reciprocal agreements with other states to extend the asset
disregard under section 514H.5 to Iowa residents who had
purchased or were covered by qualified long-term care insurance
policies in other states.
Sec. 1209. Section 514H.9, Code 2023, is amended to read as
follows:
514H.9 Rules.
The insurance division of the department of commerce in
cooperation with the department of health and human services
shall adopt rules pursuant to chapter 17A as necessary to
-812-administer this chapter.
Sec. 1210. Section 514I.1, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. It is the intent of the general assembly that the program
be implemented and administered in compliance with Tit.XXI
of the federal Social Security Act. If, as a condition of
receiving federal funds for the program, federal law requires
implementation and administration of the program in a manner
not provided in this chapter, during a period when the general
assembly is not in session, the department, with the approval
of the hawk-i Hawki board, shall proceed to implement and
administer those provisions, subject to review by the next
regular session of the general assembly.
4. It is the intent of the general assembly that the
hawk-i Hawki program be an integral part of the continuum of
health insurance coverage and that the program be developed
and implemented in such a manner as to facilitate movement of
families between health insurance providers and to facilitate
the transition of families to private sector health insurance
coverage.
Sec. 1211. Section 514I.2, Code 2023, is amended to read as
follows:
514I.2 Definitions.
As used in this chapter, unless the context otherwise
requires:
1. “Benchmark benefit package” means any of the following:
a. The standard blue cross/blue shield preferred provider
option service benefit plan, described in and offered under 5
U.S.C. §8903(1).
b. A health benefits coverage plan that is offered and
generally available to state employees in this state.
c. The plan of a health maintenance organization as defined
in 42 U.S.C. §300e, with the largest insured commercial,
nonmedical assistance enrollment of covered lives in the state.
2. “Cost sharing” means the payment of a premium or
-813-copayment as provided for by Tit.XXI of the federal Social
Security Act and section 514I.10.
3. “Department” means the department of health and human
services.
4. “Director” means the director of health and human
services.
5. “Eligible child” means an individual who meets the
criteria for participation in the program under section 514I.8.
6. “Hawk-i Hawki board” or “board” means the entity which
adopts rules and establishes policy for, and directs the
department regarding, the hawk-i Hawki program.
7. “Hawk-i Hawki program” or “program” means the healthy and
well kids in Iowa program created in this chapter to provide
health insurance coverage to eligible children.
8. “Health insurance coverage” means health insurance
coverage as defined in 42 U.S.C. §300gg-91.
9. “Participating insurer” means any of the following:
a. An entity licensed by the division of insurance of the
department of commerce to provide health insurance in Iowa that
has contracted with the department to provide health insurance
coverage to eligible children under this chapter.
b. A managed care organization acting pursuant to a contract
with the department of human services to administer the hawk-i
Hawki program.
10. “Qualified child health plan” or “plan” means health
insurance coverage provided by a participating insurer under
this chapter.
Sec. 1212. Section 514I.3, Code 2023, is amended to read as
follows:
514I.3 Hawk-i Hawki program — established.
1. The hawk-i Hawki program, a statewide program designed to
improve the health of children and to provide health insurance
coverage to eligible children on a regional basis which
complies with Tit.XXI of the federal Social Security Act, is
established and shall be implemented January 1, 1999.
-814- 2. Health insurance coverage under the program shall be
provided by participating insurers and through qualified child
health plans.
3. The department of human services is designated to receive
the state and federal funds appropriated or provided for the
program, and to submit and maintain the state plan for the
program, which is approved by the centers for Medicare and
Medicaid services of the United States department of health and
human services.
4. Nothing in this chapter shall be construed or is intended
as, or shall imply, a grant of entitlement for services to
persons who are eligible for participation in the program based
upon eligibility consistent with the requirements of this
chapter. Any state obligation to provide services pursuant to
this chapter is limited to the extent of the funds appropriated
or provided for this chapter.
5. Participating insurers under this chapter are not
subject to the requirements of chapters 513B and 513C.
6. Health care coverage provided under this chapter in
accordance with Tit.XXI of the federal Social Security Act
shall be recognized as prior creditable coverage for the
purposes of private individual and group health insurance
coverage.
Sec. 1213. Section 514I.4, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The director, with the approval of the hawk-i Hawki board,
shall implement this chapter. The director shall do all of the
following:
Sec. 1214. Section 514I.5, Code 2023, is amended to read as
follows:
514I.5 Hawk-i Hawki board.
1. A hawk-i Hawki board for the hawk-i Hawki program is
established. The board shall meet not less than six and
not more than twelve times annually, for the purposes of
establishing policy for, directing the department on, and
-815-adopting rules for the program. The board shall consist of
seven voting members and four ex officio, nonvoting members,
including all of the following:
a. The commissioner of insurance, or the commissioner’s
designee.
b. The director of the department of education, or the
director’s designee.
c. The director of public health and human services, or the
director’s designee.
d. Four public members appointed by the governor and
subject to confirmation by the senate. The public members
shall be members of the general public who have experience,
knowledge, or expertise in the subject matter embraced within
this chapter.
e. Two members of the senate and two members of the house of
representatives, serving as ex officio, nonvoting members. The
legislative members of the board shall be appointed one each
by the majority leader of the senate, after consultation with
the president of the senate, and by the minority leader of the
senate, and by the speaker of the house of representatives,
after consultation with the majority leader of the house of
representatives, and by the minority leader of the house
of representatives. Legislative members shall receive
compensation pursuant to section 2.12.
2. Members appointed by the governor shall serve two-year
staggered terms as designated by the governor, and legislative
members of the board shall serve two-year terms. The filling
of positions reserved for the public representatives,
vacancies, membership terms, payment of compensation and
expenses, and removal of the members are governed by chapter
69. Members of the board are entitled to receive reimbursement
of actual expenses incurred in the discharge of their duties.
Public members of the board are also eligible to receive
compensation as provided in section 7E.6. A majority of the
voting members constitutes a quorum and the affirmative vote
-816-of a majority of the voting members is necessary for any
substantive action to be taken by the board. The members
shall select a chairperson on an annual basis from among the
membership of the board.
3. The board shall approve any contract entered into
pursuant to this chapter. All contracts entered into pursuant
to this chapter shall be made available to the public.
4. The department of human services shall act as support
staff to the board.
5. The board may receive and accept grants, loans, or
advances of funds from any person and may receive and accept
from any source contributions of money, property, labor, or any
other thing of value, to be held, used, and applied for the
purposes of the program.
6. The hawk-i Hawki board shall do all of the following:
a. Define, in consultation with the department, the regions
of the state for which plans are offered in a manner as to
ensure access to services for all children participating in the
program.
b. Approve the benefit package design, review the benefit
package design on a periodic basis, and make necessary changes
in the benefit design to reflect the results of the periodic
reviews.
c. Develop, with the assistance of the department, an
outreach plan, and provide for periodic assessment of the
effectiveness of the outreach plan. The plan shall provide
outreach to families of children likely to be eligible
for assistance under the program, to inform them of the
availability of and to assist the families in enrolling
children in the program. The outreach efforts may include, but
are not limited to, solicitation of cooperation from programs,
agencies, and other persons who are likely to have contact
with eligible children, including but not limited to those
associated with the educational system, and the development
of community plans for outreach and marketing. Other state
-817-agencies shall assist the department in data collection related
to outreach efforts to potentially eligible children and their
families.
d. In consultation with the clinical advisory committee,
assess the initial health status of children participating in
the program, establish a baseline for comparison purposes, and
develop appropriate indicators to measure the subsequent health
status of children participating in the program.
e. Review, in consultation with the department, and take
necessary steps to improve interaction between the program and
other public and private programs which provide services to the
population of eligible children.
f. By January 1, annually, prepare, with the assistance
of the department, and submit a report to the governor,
the general assembly, and the council on health and human
services, concerning the board’s activities, findings, and
recommendations.
g. Solicit input from the public regarding the program and
related issues and services.
h. Establish and consult with a clinical advisory committee
to make recommendations to the board regarding the clinical
aspects of the hawk-i Hawki program.
i. Prescribe the elements to be included in a health
improvement program plan required to be developed by a
participating insurer. The elements shall include but are not
limited to health maintenance and prevention and health risk
assessment.
j. Establish an advisory committee to make recommendations
to the board and to the general assembly by January 1 annually
concerning the provision of health insurance coverage to
children with special health care needs. The committee shall
include individuals with experience in, knowledge of, or
expertise in this area. The recommendations shall address, but
are not limited to, all of the following:
(1) The definition of the target population of children
-818-with special health care needs for the purposes of determining
eligibility under the program.
(2) Eligibility options for and assessment of children with
special health care needs for eligibility.
(3) Benefit options for children with special health care
needs.
(4) Options for enrollment of children with special health
care needs in and disenrollment of children with special health
care needs from qualified child health plans utilizing a
capitated fee form of payment.
(5) The appropriateness and quality of care for children
with special health care needs.
(6) The coordination of health services provided for
children with special health care needs under the program with
services provided by other publicly funded programs.
k. Develop options and recommendations to allow children
eligible for the hawk-i Hawki program to participate in
qualified employer-sponsored health plans through a premium
assistance program. The options and recommendations shall
ensure reasonable alignment between the benefits and costs
of the hawk-i Hawki program and the employer-sponsored
health plans consistent with federal law. In addition, the
board shall implement the premium assistance program options
described under the federal Children’s Health Insurance Program
Reauthorization Act of 2009, Pub.L. No.111-3, for the hawk-i
Hawki program.
7. The hawk-i Hawki board, in consultation with the
department of human services, shall adopt rules which address,
but are not limited to addressing, all of the following:
a. Implementation and administration of the program.
b. Qualifying standards for selecting participating insurers
for the program.
c. The benefits to be included in a qualified child health
plan which are those included in a benchmark or benchmark
equivalent plan and which comply with Tit.XXI of the federal
-819-Social Security Act. Benefits covered shall include but are
not limited to all of the following:
(1) Inpatient hospital services including medical,
surgical, intensive care unit, mental health, and substance
abuse use disorder services.
(2) Nursing care services including skilled nursing
facility services.
(3) Outpatient hospital services including emergency room,
surgery, lab, and x-ray services and other services.
(4) Physician services, including surgical and medical, and
including office visits, newborn care, well-baby and well-child
care, immunizations, urgent care, specialist care, allergy
testing and treatment, mental health visits, and substance
abuse use disorder visits.
(5) Ambulance services.
(6) Physical therapy.
(7) Speech therapy.
(8) Durable medical equipment.
(9) Home health care.
(10) Hospice services.
(11) Prescription drugs.
(12) Dental services including preventive services.
(13) Medically necessary hearing services.
(14) Vision services including corrective lenses.
(15) Translation and interpreter services as specified
pursuant to the federal Children’s Health Insurance Program
Reauthorization Act of 2009, Pub.L. No.111-3.
(16) Chiropractic services.
(17) Occupational therapy.
d. Presumptive eligibility criteria for the program.
Beginning January 1, 2010, presumptive eligibility shall be
provided for eligible children.
e. The amount of any cost sharing under the program which
shall be assessed based on family income and which complies
with federal law.
-820- f. The reasons for disenrollment including, but not limited
to, nonpayment of premiums, eligibility for medical assistance
or other insurance coverage, admission to a public institution,
relocation from the area, and change in income.
g. Conflict of interest provisions applicable to
participating insurers and between public members of the board
and participating insurers.
h. Penalties for breach of contract or other violations of
requirements or provisions under the program.
i. A mechanism for participating insurers to report any
rebates received to the department.
j. The data to be maintained by the department including
data to be collected for the purposes of quality assurance
reports.
k. The use of provider guidelines in assessing the
well-being of children, which may include the use of the bright
futures for infants, children, and adolescents program as
developed by the federal maternal and child health bureau and
the American academy of pediatrics guidelines for well-child
care.
8. a. The hawk-i Hawki board may provide approval to the
director to contract with participating insurers to provide
dental-only services. In determining whether to provide
such approval to the director, the board shall take into
consideration the impact on the overall program of single
source contracting for dental services.
b. The hawk-i Hawki board may provide approval to the
director to contract with participating insurers to provide
the supplemental dental-only coverage to otherwise eligible
children who have private health care coverage as specified in
the federal Children’s Health Insurance Program Reauthorization
Act of 2009, Pub.L. No.111-3.
9. The hawk-i Hawki board shall monitor the capacity of
Medicaid managed care organizations acting pursuant to a
contract with the department to administer the hawk-i Hawki
-821- program to specifically and appropriately address the unique
needs of children and children’s health delivery.
Sec. 1215. Section 514I.8, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A child may participate in the hawk-i Hawki program if the
child meets all of the following criteria:
Sec. 1216. Section 514I.8A, Code 2023, is amended to read
as follows:
514I.8A Hawk-i Hawki — all income-eligible children.
The department shall provide coverage to individuals
under nineteen years of age who meet the income eligibility
requirements for the hawk-i Hawki program and for whom federal
financial participation is or becomes available for the cost
of such coverage.
Sec. 1217. Section 514I.9, subsection 1, Code 2023, is
amended to read as follows:
1. The hawk-i Hawki board shall review the benefits package
annually and shall determine additions to or deletions from the
benefits package offered. The hawk-i Hawki board shall submit
the recommendations to the general assembly for any amendment
to the benefits package.
Sec. 1218. Section 514I.11, Code 2023, is amended to read
as follows:
514I.11 Hawk-i Hawki trust fund.
1. A hawk-i Hawki trust fund is created in the state
treasury under the authority of the department of human
services, in which all appropriations and other revenues of the
program such as grants, contributions, and participant payments
shall be deposited and used for the purposes of the program.
The moneys in the fund shall not be considered revenue of the
state, but rather shall be funds of the program.
2. The trust fund shall be separate from the general fund
of the state and shall not be considered part of the general
fund of the state. The moneys in the trust fund are not
subject to section 8.33 and shall not be transferred, used,
-822-obligated, appropriated, or otherwise encumbered, except to
provide for the purposes of this chapter and except as provided
in subsection 4. Notwithstanding section 12C.7, subsection
2, interest or earnings on moneys deposited in the trust fund
shall be credited to the trust fund.
3. Moneys in the fund are appropriated to the department and
shall be used to offset any program costs.
4. The department may transfer moneys appropriated from
the fund to be used for the purpose of expanding health care
coverage to children under the medical assistance program.
5. The department shall provide periodic updates to the
general assembly regarding expenditures from the fund.
Sec. 1219. Section 523A.301, Code 2023, is amended to read
as follows:
523A.301 Definition.
As used in sections 523A.302 and 523A.303, “director” means
the director of health and human services.
Sec. 1220. Section 523A.303, subsection 2, paragraph e,
Code 2023, is amended to read as follows:
e. A notice in substantially the following form complies
with this subsection:
TO: THE DIRECTOR OF HEALTH AND HUMAN SERVICES
FROM: (SELLER’S NAME, CURRENT ADDRESS, AND TELEPHONE NUMBER)
You are hereby notified that (name of deceased), who had an
irrevocable burial trust fund, has died, that final payment
for cemetery merchandise, funeral merchandise, and funeral
services has been made, and that (remaining amount) remains in
the irrevocable burial trust fund.
The above-named seller must receive a written response
regarding any claim by the director within sixty days after the
mailing of this notice to the director.
If the above-named seller does not receive a written response
regarding a claim by the director within sixty days after the
mailing of this notice, the seller may dispose of the remaining
funds in accordance with section 523A.303, Code of Iowa.
-823- Sec. 1221. Section 523A.303, subsection 3, Code 2023, is
amended to read as follows:
3. Upon receipt of the seller’s written notice, the director
shall determine if a debt is due the department of health and
human services pursuant to section 249A.53. If the director
determines that a debt is owing, the director shall provide
a written response to the seller within sixty days after the
mailing of the seller’s notice. If the director does not
respond with a claim within the sixty-day period, any claim
made by the director shall not be enforceable against the
seller, the trust, or a trustee.
Sec. 1222. Section 523I.214, Code 2023, is amended to read
as follows:
523I.214 Violations of law — referrals to the Iowa
department of public health and human services.
If the commissioner discovers a violation of a provision
of this chapter or any other state law or rule concerning the
disposal or transportation of human remains, the commissioner
shall forward all evidence in the possession of the
commissioner concerning such a violation to the Iowa department
of public health and human services for such proceedings as
the Iowa department of public health and human services deems
appropriate.
Sec. 1223. Section 523I.701, subsection 6, Code 2023, is
amended to read as follows:
6. The lawn crypt shall be installed in compliance with any
applicable law or rule adopted by the Iowa department of public
health and human services.
Sec. 1224. Section 541A.1, Code 2023, is amended to read as
follows:
541A.1 Definitions.
For the purposes of this chapter, unless the context
otherwise requires:
1. “Account holder” means an individual who is the owner of
an individual development account.
-824- 2. “Administrator” means the division of community action
agencies of the department of human rights.
3. 2. “Charitable contributor” means a nonprofit
association described in section 501(c)(3) of the Internal
Revenue Code which makes a deposit to an individual development
account and which is exempt from taxation under section 501(a)
of the Internal Revenue Code.
3. “Commission” means the commission on community action
agencies created in section 216A.92A.
4. “Department” means the department of health and human
services.
5. “Director” means the director of health and human
services.
4. 6. “Federal poverty level” means the first poverty
income guidelines published in the calendar year by the United
States department of health and human services.
5. 7. “Financial institution” means a financial institution
approved by the administrator director as an investment
mechanism for individual development accounts.
6. 8. “Household income” means the annual household
income of an account holder or prospective account holder,
as determined in accordance with rules adopted by the
administrator director.
7. 9. “Individual contributor” means an individual who
makes a deposit to an individual development account and is not
the account holder or a charitable contributor.
8. 10. “Individual development account” means either of the
following:
a. A financial instrument that is certified to have the
characteristics described in section 541A.2 by the operating
organization.
b. A financial instrument that is certified by the
operating organization to have the characteristics described
in and funded by a federal individual development account
program under which federal and state funding contributed to
-825-match account holder deposits is deposited by an operating
organization in accordance with federal law and regulations,
and which includes but is not limited to any of the programs
implemented under the following federal laws:
(1) The federal Personal Responsibility and Work
Opportunity Act of 1996, 42 U.S.C. §604(h).
(2) The federal Assets for Independence Act, Pub.L. No.
105-285, Tit.IV.
9. 11. “Operating organization” means an agency selected
by the administrator department for involvement in operating
individual development accounts directed to a specific target
population.
10. 12. “Source of principal” means any of the sources of
a deposit to an individual development account under section
541A.2, subsection 2.
Sec. 1225. Section 541A.2, subsection 7, Code 2023, is
amended to read as follows:
7. Subject to obtaining any necessary federal waivers, the
department of human services shall not consider moneys in an
individual development account and any earnings on the moneys
in determining the eligibility or need of an individual for
benefits or assistance or the amount of benefits or assistance
under the family investment program under chapter 239B, the
promoting independence and self-sufficiency through employment
job opportunities and basic skills program, or any other
program administered by the department of human services.
Sec. 1226. Section 541A.3, Code 2023, is amended to read as
follows:
541A.3 Individual development accounts — state savings match
and tax provisions.
All of the following state savings match and tax provisions
shall apply to an individual development account:
1. a. Payment by the state of a state savings match on
amounts of up to two thousand dollars that an account holder
deposits in the account holder’s account.
-826- b. Moneys transferred to an individual development account
from another individual development account and a state savings
match received by the account holder in accordance with this
section shall not be considered an account holder deposit for
purposes of determining a state savings match.
c. Payment of a state savings match either shall be
made directly to the account holder or to an operating
organization’s central reserve account for later distribution
to the account holder in the most appropriate manner as
determined by the administrator department.
d. Subject to the limitation in paragraph “a”, the state
savings match shall be equal to one hundred percent of
the amount deposited by the account holder. However, the
administrator department may limit, reduce, delay, or otherwise
revise state savings match payment provisions as necessary to
restrict the payments to the funding available.
2. Income earned by an individual development account is
not subject to state tax, in accordance with the provisions of
section 422.7, subsection 17.
3. Amounts transferred between individual development
accounts are not subject to state tax.
4. The administrator department shall coordinate the filing
of claims for a state savings match authorized under subsection
1, between account holders and operating organizations. Claims
approved by the administrator department may be paid to each
account holder, for an aggregate amount for distribution to the
holders of the accounts in a particular financial institution,
or to an operating organization’s central reserve account
for later distribution to the account holders depending on
the efficiency for issuing the state savings match payments.
Claims shall be initially filed with the administrator
department on or before a date established by the administrator
department. Claims approved by the administrator department
shall be paid from the individual development account state
savings match fund.
-827- Sec. 1227. Section 541A.5, Code 2023, is amended to read as
follows:
541A.5 Rules.
1. The commission on community action agencies created
in section 216A.92A, in consultation with the department of
administrative services, shall adopt administrative rules to
administer this chapter.
2. a. The rules adopted by the commission shall include
but are not limited to provision for transfer of an individual
development account to a different financial institution than
originally approved by the administrator department, if the
different financial institution has an agreement with the
account’s operating organization.
b. The rules for determining household income may provide
categorical eligibility for prospective account holders who are
enrolled in programs with income eligibility restrictions that
are equal to or less than the maximum household income allowed
for payment of a state match under section 541A.3.
c. Subject to the availability of funding, the commission
may adopt rules implementing an individual development account
program for refugees. Rules shall identify purposes authorized
for withdrawals to meet the special needs of refugee families.
3. The administrator department shall utilize a request for
proposals process for selection of operating organizations and
approval of financial institutions.
Sec. 1228. Section 541A.6, Code 2023, is amended to read as
follows:
541A.6 Compliance with federal requirements.
The commission on community action agencies shall adopt
rules for compliance with federal individual development
account requirements under the federal Personal Responsibility
and Work Opportunity Reconciliation Act of 1996, §103, as
codified in 42 U.S.C. §604(h), under the federal Assets
for Independence Act, Pub.L. No.105-285, Tit.IV, or with
any other federal individual development account program
-828-requirements for drawing federal funding. Any rules adopted
under this section shall not apply the federal individual
development account program requirements to an operating
organization which does not utilize federal funding for the
accounts with which it is connected or to an account holder who
does not receive temporary assistance for needy families block
grant or other federal funding.
Sec. 1229. Section 541A.7, Code 2023, is amended to read as
follows:
541A.7 Individual development account state match fund.
1. An individual development account state match fund
is created in the state treasury under the authority of the
administrator department. Notwithstanding section 8.33,
moneys appropriated to the fund shall not revert to any other
fund. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys deposited in the fund shall be credited
to the fund.
2. Moneys available in the fund for a fiscal year are
appropriated to the administrator department to be used
to provide the state match for account holder deposits in
accordance with section 541A.3. At least eighty-five percent
of the amount appropriated shall be used for state match
payments and the remainder may be used for the administrative
costs of the operating organization. Administrative costs
include but are not limited to accounting services, curriculum
costs for financial education or asset-specific training, and
costs for technical assistance contractors.
Sec. 1230. Section 589.26, Code 2023, is amended to read as
follows:
589.26 Land transfers by the department of health and human
services legalized.
Every deed, release or other instrument in writing
purporting to transfer any interest in land held or claimed by
the department of health and human services or a predecessor
agency, which is signed by a departmental official, and which
-829-was filed of record more than ten years earlier, in the office
of the auditor or recorder or clerk of the district court of
any county is legalized and shall be good and valid in law
and in equity as fully as if the record expressly showed that
it in all respects complied with and was fully authorized as
provided in any statute pertaining to such instrument, any
other provision of law to the contrary notwithstanding.
Sec. 1231. Section 595.4, subsection 1, Code 2023, is
amended to read as follows:
1. Previous to the issuance of any license to marry, the
parties desiring the license shall sign and file a verified
application with the county registrar which application
either may be mailed to the parties at their request or
may be signed by them at the office of the county registrar
in the county in which the license is to be issued. The
application shall include the social security number of each
applicant and shall set forth at least one affidavit of some
competent and disinterested person stating the facts as to
age and qualification of the parties. Upon the filing of the
application for a license to marry, the county registrar shall
file the application in a record kept for that purpose and
shall take all necessary steps to ensure the confidentiality of
the social security number of each applicant. All information
included on an application may be provided as mutually agreed
upon by the division of records and state registrar of vital
statistics and the child support recovery unit services,
including by automated exchange.
Sec. 1232. Section 598.7, subsection 1, Code 2023, is
amended to read as follows:
1. The district court may, on its own motion or on the
motion of any party, order the parties to participate in
mediation in any dissolution of marriage action or other
domestic relations action. Mediation performed under this
section shall comply with the provisions of chapter 679C.
The provisions of this section shall not apply if the action
-830-involves a child support or medical support obligation enforced
by the child support recovery unit services. The provisions
of this section shall not apply to actions which involve elder
abuse pursuant to chapter 235F or domestic abuse pursuant
to chapter 236. The provisions of this section shall not
affect a judicial district’s or court’s authority to order
settlement conferences pursuant to rules of civil procedure.
The court shall, on application of a party, grant a waiver
from any court-ordered mediation under this section if the
party demonstrates that a history of domestic abuse exists as
specified in section 598.41, subsection 3, paragraph “j”.
Sec. 1233. Section 598.21B, subsection 1, paragraphs c and
d, Code 2023, are amended to read as follows:
c. It is the intent of the general assembly that, to the
extent possible within the requirements of federal law, the
court and the child support recovery unit services consider the
individual facts of each judgment or case in the application
of the guidelines and determine the support obligation
accordingly. It is also the intent of the general assembly
that in the supreme court’s review of the guidelines, the
supreme court shall do both of the following:
(1) Emphasize the ability of a court to apply the guidelines
in a just and appropriate manner based upon the individual
facts of a judgment or case.
(2) In determining monthly child support payments, consider
other children for whom either parent is legally responsible
for support and other child support obligations actually paid
by either party pursuant to a court or administrative order.
d. The guidelines prescribed by the supreme court shall
be used by the department of health and human services in
determining child support payments under sections 252C.2
and 252C.4. A variation from the guidelines shall not be
considered by the department without a record or written
finding, based on stated reasons, that the guidelines would be
unjust or inappropriate as determined under criteria prescribed
-831-by the supreme court.
Sec. 1234. Section 598.21B, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. Special circumstances justifying variation from
guidelines. Unless the special circumstances of the case
justify a deviation, the court or the child support recovery
unit services shall establish a monthly child support payment
in accordance with the guidelines for a parent who is nineteen
years of age or younger, who has not received a high school
or high school equivalency diploma, and to whom each of the
following apply:
(1) The parent is attending a school or program described as
follows or has been identified as one of the following:
(a) The parent is in full-time attendance at an accredited
school and is pursuing a course of study leading to a high
school diploma.
(b) The parent is attending an instructional program
leading to a high school equivalency diploma.
(c) The parent is attending a career and technical education
program approved pursuant to chapter 258.
(d) The parent has been identified by the director of
special education of the area education agency as a child
requiring special education as defined in section 256B.2.
(2) The parent provides proof of compliance with the
requirements of subparagraph (1) to the child support recovery
unit services, if the unit child support services is providing
services under chapter 252B, or if the unit child support
services is not providing services pursuant to chapter 252B, to
the court as the court may direct. Failure to provide proof of
compliance under this subparagraph or proof of compliance under
section 598.21G is grounds for modification of the support
order using the uniform child support guidelines and imputing
an income to the parent equal to a forty-hour workweek at the
state minimum wage, unless the parent’s education, experience,
or actual earnings justify a higher income.
-832- Sec. 1235. Section 598.21C, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. This basis for modification is applicable to petitions
filed on or after July 1, 1992, notwithstanding whether
the guidelines prescribed by section 598.21B were used in
establishing the current amount of support. Upon application
for a modification of an order for child support for which
services are being received pursuant to chapter 252B, the
court shall set the amount of child support based upon the
most current child support guidelines established pursuant
to section 598.21B, including provisions for medical support
pursuant to chapter 252E.The child Child support recovery
unit services shall, in submitting an application for
modification, adjustment, or alteration of an order for
support, employ additional criteria and procedures as provided
in chapter 252H and as established by rule.
Sec. 1236. Section 598.21C, subsections 3, 5, and 7, Code
2023, are amended to read as follows:
3. Applicable law. Unless otherwise provided pursuant to
28 U.S.C. §1738B, a modification of a support order entered
under chapter 234, 252A, 252C, 600B, this chapter, or any
other support chapter or proceeding between parties to the
order is void unless the modification is approved by the
court, after proper notice and opportunity to be heard is
given to all parties to the order, and entered as an order
of the court. If support payments have been assigned to the
department of health and human services pursuant to section
234.39, 239B.6, or 252E.11, or if services are being provided
pursuant to chapter 252B, the department is a party to the
support order. Modifications of orders pertaining to child
custody shall be made pursuant to chapter 598B. If the petition
for a modification of an order pertaining to child custody asks
either for joint custody or that joint custody be modified to
an award of sole custody, the modification, if any, shall be
made pursuant to section 598.41.
-833- 5. Retroactivity of modification. Judgments for child
support or child support awards entered pursuant to this
chapter, chapter 234, 252A, 252C, 252F, 600B, or any other
chapter of the Code which are subject to a modification
proceeding may be retroactively modified only from three
months after the date the notice of the pending petition for
modification is served on the opposing party. The three-month
limitation applies to a modification action pending on or after
July 1, 1997. The prohibition of retroactive modification does
not bar the child support recovery unit services from obtaining
orders for accrued support for previous time periods. Any
retroactive modification which increases the amount of child
support or any order for accrued support under this subsection
shall include a periodic payment plan. A retroactive
modification shall not be regarded as a delinquency unless
there are subsequent failures to make payments in accordance
with the periodic payment plan.
7. Modification by child support recovery unit
services. Notwithstanding any other provision of law to the
contrary, when an application for modification or adjustment
of support is submitted by the child support recovery unit
services, the sole issues which may be considered by the
court in that action are the application of the guidelines
in establishing the amount of support pursuant to section
598.21B, and provision for medical support under chapter
252E. When an application for a cost-of-living alteration
of support is submitted by the child support recovery unit
services pursuant to section 252H.24, the sole issue which may
be considered by the court in the action is the application of
the cost-of-living alteration in establishing the amount of
child support. Issues related to custody, visitation, or other
provisions unrelated to support shall be considered only under
a separate application for modification.
Sec. 1237. Section 598.21G, Code 2023, is amended to read
as follows:
-834- 598.21G Minor parent — parenting classes.
In any order or judgment entered under this chapter or
chapter 234, 252A, 252C, 252F, or 600B, or under any other
chapter which provides for temporary or permanent support
payments, if the parent ordered to pay support is less than
eighteen years of age, one of the following shall apply:
1. If the child support recovery unit services is
providing services pursuant to chapter 252B, the court, or
the administrator as defined in section 252C.1, department of
health and human services shall order the parent ordered to pay
support to attend parenting classes which are approved by the
department of health and human services.
2. If the child support recovery unit services is not
providing services pursuant to chapter 252B, the court may
order the parent ordered to pay support to attend parenting
classes which are approved by the court.
Sec. 1238. Section 598.22A, subsection 4, Code 2023, is
amended to read as follows:
4. Payment of accrued support debt due the department of
health and human services shall be credited pursuant to section
252B.3, subsection 5.
Sec. 1239. Section 598.22B, Code 2023, is amended to read
as follows:
598.22B Information required in order or judgment.
This section applies to all initial or modified orders
for paternity or support entered under this chapter, chapter
234, 252A, 252C, 252F, 252H, 252K, or 600B, or under any other
chapter, and any subsequent order to enforce such support
orders.
1. All such orders or judgments shall direct each party
to file with the clerk of court or the child support recovery
unit services, as appropriate, upon entry of the order, and to
update as appropriate, information on location and identity of
the party, including social security number, residential and
mailing addresses, electronic mail address, telephone number,
-835-driver’s license number, and name, address, and telephone
number of the party’s employer. The order shall also include a
provision that the information filed will be disclosed and used
pursuant to this section. The party shall file the information
with the clerk of court, or, if all support payments are to
be directed to the collection services center as provided in
section 252B.14, subsection 2, and section 252B.16, with the
child support recovery unit services.
2. All such orders or judgments shall include a statement
that in any subsequent child support action initiated by the
child support recovery unit services or between the parties,
upon sufficient showing that diligent effort has been made to
ascertain the location of such a party, the unit child support
services or the court shall deem due process requirements for
notice and service of process to be met with respect to the
party, upon delivery of written notice to the most recent
residential or employer address filed with the clerk of court
or unit child support services pursuant to subsection 1.
3. a. Information filed pursuant to subsection 1 shall not
be a public record.
b. Information filed with the clerk of court pursuant
to subsection 1 shall be available to the child support
recovery unit services, upon request. Beginning October 1,
1998, information filed with the clerk of court pursuant to
subsection 1 shall be provided by the clerk of court to the
child support recovery unit services pursuant to section
252B.24.
c. Information filed with the clerk of court shall be
available, upon request, to a party unless the party filing
the information also files an affidavit alleging the party has
reason to believe that release of the information may result in
physical or emotional harm to the affiant or child. However,
even if an affidavit has been filed, any information provided
by the clerk of court to the child support recovery unit
services shall be disclosed by the unit child support services
-836- as provided in section 252B.9.
d. Information provided to the unit child support services
shall only be disclosed as provided in section 252B.9.
Sec. 1240. Section 598.23A, subsection 2, paragraph b,
subparagraph (2), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The contemnor shall keep a record of and provide the
following information to the court at the court’s request, or
to the child support recovery unit established pursuant to
chapter 252B services created in section 252B.2, at the unit’s
request of child support services, when the unit child support
services is providing enforcement services pursuant to chapter
252B:
Sec. 1241. Section 598.23A, subsection 2, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The court order under this paragraph shall be vacated
only after verification is provided to the court that the
contemnor has satisfied all accrued obligations owing and that
the contemnor has satisfied all terms established by the court
and when the person entitled to receive support payments, or
the child support recovery unit services when the unit child
support services is providing enforcement services pursuant
to chapter 252B, has been provided ten days’ notice and an
opportunity to object.
Sec. 1242. Section 598.26, subsection 1, Code 2023, is
amended to read as follows:
1. Until a decree of dissolution has been entered, the
record and evidence shall be closed to all but the court,
its officers, and the child support recovery unit services
of the department of health and human services pursuant to
section 252B.9. However, the payment records of a temporary
support order maintained by the clerk of the district court
are public records and may be released upon request. Payment
records shall not include address or location information. No
other person shall permit a copy of any of the testimony, or
-837-pleading, or the substance of any testimony or pleading, to be
made available to any person other than a party to the action
or a party’s attorney. Nothing in this subsection shall be
construed to prohibit publication of the original notice as
provided by the rules of civil procedure.
Sec. 1243. Section 598.34, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If public assistance is provided by the department of
health and human services to or on behalf of a dependent child
or a dependent child’s caretaker, there is an assignment by
operation of law to the department of any and all rights in,
title to, and interest in any support obligation, payment, and
arrearages owed to or for the child or caretaker not to exceed
the amount of public assistance paid for or on behalf of the
child or caretaker as follows:
Sec. 1244. Section 598.34, subsection 3, Code 2023, is
amended to read as follows:
3. The clerk shall furnish the department with copies
of all orders or decrees and temporary or domestic abuse
orders addressing support when the parties are receiving
public assistance or services are otherwise provided by the
child support recovery unit services pursuant to chapter
252B.Unless otherwise specified in the order, an equal and
proportionate share of any child support awarded shall be
presumed to be payable on behalf of each child subject to the
order or judgment for purposes of an assignment under this
section.
Sec. 1245. Section 600.2, Code 2023, is amended to read as
follows:
600.2 Definitions.
1. “Child”, “parent”, “parent-child relationship”,
“termination of parental rights”, “biological parent”,
“stepparent”, “guardian”, “custodian”, “guardian ad litem”,
“minor”, “adoption service provider”, “certified adoption
investigator”, “adult”, “agency”, “department”, “court”, and
-838-“juvenile court” “Adoption service provider”, “adult”, “agency”,
“biological parent”, “certified adoption investigator”, “child”,
“court”, “custodian”, “department”, “guardian”, “guardian ad
litem”, “juvenile court”, “minor”, “parent”, “parent-child
relationship”, “stepparent”, and “termination of parental rights”
mean the same as defined in section 600A.2.
2. “Investigator” means a natural person who is certified or
approved by the department of human services, after inspection
by the department of inspections and appeals, as being capable
of conducting an investigation under section 600.8.
Sec. 1246. Section 600.7A, Code 2023, is amended to read as
follows:
600.7A Adoption services provided by or through the
department of human services — selection of adoptive parent
criteria.
The department of human services shall adopt rules which
provide that if adoption services are provided by or through
the department, notwithstanding any other selection of
adoptive parent criteria, the overriding criterion shall be a
preference for placing a child in a stable home environment as
expeditiously as possible.
Sec. 1247. Section 600.8, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. If the person making the investigation does not approve
a prospective adoption petitioner under paragraph “a” of this
subsection, the person investigated may appeal the disapproval
as a contested case to the director of health and human
services. Judicial review of any adverse decision by the
director may be sought pursuant to chapter 17A.
Sec. 1248. Section 600.16A, subsection 5, Code 2023, is
amended to read as follows:
5. Notwithstanding subsection 2, a termination of parental
rights order issued pursuant to this chapter, section 600A.9,
or any other chapter shall be disclosed to the child support
recovery unit services, upon request, without court order.
-839- Sec. 1249. Section 600.16B, Code 2023, is amended to read
as follows:
600.16B Fees.
The supreme court shall prescribe and the department of
human services shall adopt rules, to defray the actual cost of
the provision of information or the opening of records pursuant
to section 600.16 or 600.16A.
Sec. 1250. Section 600.17, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department of human services shall, within the limits of
funds appropriated to the department of human services and any
gifts or grants received by the department for this purpose,
provide financial assistance to any person who adopts a child
with physical or mental disabilities or an older or otherwise
hard-to-place child, if the adoptive parent has the capability
of providing a suitable home for the child but the need for
special services or the costs of maintenance are beyond the
economic resources of the adoptive parent.
Sec. 1251. Section 600.17, subsection 3, Code 2023, is
amended to read as follows:
3. The department of human services shall make adoption
presubsidy and adoption subsidy payments to adoptive parents at
the beginning of the month for the current month.
Sec. 1252. Section 600.18, Code 2023, is amended to read as
follows:
600.18 Determination of assistance.
1. Any prospective adoptive parent desiring financial
assistance shall state this fact in the petition for adoption.
The department of human services shall investigate the person
petitioning for adoption and the child and shall file with the
juvenile court or court a statement of whether the department
will provide assistance as provided in section 600.17, this
section, and sections 600.19 through 600.22, the estimated
amount, extent, and duration of assistance, and any other
information the juvenile court or court may order.
-840- 2. If the department of human services is unable to
determine that an insurance policy will cover the costs of
special services, it shall proceed as if no policy existed, for
the purpose of determining eligibility to receive assistance.
The department shall, to the amount of financial assistance
given, be subrogated to the rights of the adoptive parent in
the insurance contract.
Sec. 1253. Section 600.22, Code 2023, is amended to read as
follows:
600.22 Rules.
The department of human services shall adopt rules in
accordance with the provisions of chapter 17A, which are
necessary for the administration of sections 600.17 through
600.21 and 600.23.
Sec. 1254. Section 600.23, subsection 1, Code 2023, is
amended to read as follows:
1. Purpose. The department of human services may enter
into interstate agreements with state agencies of other states
for the protection of children on behalf of whom adoption
subsidy is being provided by the department of human services
and to provide procedures for interstate children’s adoption
assistance payments, including medical payments.
Sec. 1255. Section 600.23, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. The Iowa department of human services may enter into
interstate agreements with state agencies of other states for
the provision of medical services to adoptive families who
participate in the subsidized adoption or adoption assistance
program.
b. The Iowa department of human services may develop,
participate in the development of, negotiate, and enter into
one or more interstate compacts on behalf of this state with
other states to implement one or more of the purposes set forth
in this section. When so entered into, and for so long as it
shall remain in force, such a compact shall have the force and
-841-effect of law.
Sec. 1256. Section 600.23, subsection 4, paragraphs a, b,
and c, Code 2023, are amended to read as follows:
a. A child with special needs residing in this state who is
the subject of an adoption assistance agreement with another
state shall be entitled to receive a medical assistance card
from this state upon the filing of a certified copy of the
adoption assistance agreement obtained from the adoption
assistance state. In accordance with regulations of the Iowa
department of human services, the adoptive parents shall be
required at least annually to show that the agreement is still
in force or has been renewed.
b. The Iowa department of human services shall consider the
holder of a medical assistance card pursuant to this section as
any other holder of a medical assistance card under the laws
of this state and shall process and make payment on claims
on account of such holder in the same manner and pursuant to
the same conditions and procedures as for other recipients of
medical assistance.
c. The Iowa department of human services shall provide
coverage and benefits for a child who is in another state and
who is covered by an adoption subsidy agreement made prior
to July 1, 1987, by the Iowa department of human services
for the coverage or benefits, if any, not provided by the
residence state. The adoptive parents acting for the child may
submit evidence of payment for services or benefit amounts not
payable in the residence state and shall be reimbursed for such
expense. However, reimbursement shall not be made for services
or benefit amounts covered under any insurance or other third
party medical contract or arrangement held by the child or the
adoptive parents. The additional coverages and benefit amounts
provided pursuant to this subsection shall be for services to
the cost of which there is no federal contribution, or which,
if federally aided, are not provided by the residence state.
Such regulations shall include procedures to be followed in
-842-obtaining prior approvals for services in those instances where
required for the assistance.
Sec. 1257. Section 600A.2, subsections 5 and 9, Code 2023,
are amended to read as follows:
5. “Certified adoption investigator” means a person who is
certified and approved by the department of human services,
after inspection by the department of inspections and appeals,
as being capable of conducting an investigation under section
600.8.
9. “Department” means the state department of health and
human services or its subdivisions.
Sec. 1258. Section 600A.4, subsection 2, paragraph d,
subparagraph (2), Code 2023, is amended to read as follows:
(2) If accepted, the counseling shall be provided after
the birth of the child and prior to the signing of a release
of custody or the filing of a petition for termination of
parental rights as applicable. Counseling shall be provided
only by a person who is qualified under rules adopted by the
department of human services which shall include a requirement
that the person complete a minimum number of hours of training
in the area of adoption-related counseling approved by the
department. If counseling is accepted, the counselor shall
provide an affidavit, which shall be attached to the release of
custody, when practicable, certifying that the counselor has
provided the biological parent with the requested counseling
and documentation that the person is qualified to provide the
requested counseling as prescribed by this paragraph “d”. The
requirements of this paragraph “d” do not apply to a release
of custody which is executed for the purposes of a stepparent
adoption.
Sec. 1259. Section 600A.8, subsection 8, paragraph a, Code
2023, is amended to read as follows:
a. The parent has been determined to be a person with a
substance-related substance use disorder as defined in section
125.2 and the parent has committed a second or subsequent
-843-domestic abuse assault pursuant to section 708.2A.
Sec. 1260. Section 600B.38, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If public assistance is provided by the department of
health and human services to or on behalf of a dependent child
or a dependent child’s caretaker, there is an assignment by
operation of law to the department of any and all rights in,
title to, and interest in any support obligation, payment, and
arrearages owed to or on behalf of the child or caretaker, not
to exceed the amount of public assistance paid for or on behalf
of the child or caretaker as follows:
a. For family investment program assistance, section 239B.6
shall apply.
b. For foster care services, section 234.39 shall apply.
c. For medical assistance, section 252E.11 shall apply.
3. The clerk shall furnish the department with copies of
all orders or decrees and temporary or domestic abuse orders
addressing support when the parties are receiving public
assistance or services are otherwise provided by the child
support recovery unit services. Unless otherwise specified
in the order, an equal and proportionate share of any child
support awarded shall be presumed to be payable on behalf of
each child subject to the order or judgment for purposes of an
assignment under this section.
Sec. 1261. Section 600B.41A, subsection 3, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) If enforcement services are being provided by the
child support recovery unit services pursuant to chapter 252B,
notice shall also be served on the child support recovery unit
services.
Sec. 1262. Section 600B.41A, subsection 11, Code 2023, is
amended to read as follows:
11. Participation of the child support recovery unit
services created in section 252B.2 in an action brought under
this section shall be limited as follows:
-844- a. The unit Child support services shall only participate
in actions if services are being provided by the unit child
support services pursuant to chapter 252B.
b. When services are being provided by the unit child
support services under chapter 252B, the unit child support
services may enter an administrative order for blood and
genetic tests pursuant to chapter 252F.
c. The unit Child support services is not responsible for or
required to provide for or assist in obtaining blood or genetic
tests in any case in which services are not being provided by
the unit child support services.
d. The unit Child support services is not responsible for
the costs of blood or genetic testing conducted pursuant to an
action brought under this section.
e. Pursuant to section 252B.7, subsection 4, an attorney
employed by the unit child support services represents the
state in any action under this section. The unit’s Child
support services’ attorney is not the legal representative of
the mother, the established father, or the child in any action
brought under this section.
Sec. 1263. Section 600C.1, subsection 3, paragraph c,
subparagraph (2), subparagraph division (f), Code 2023, is
amended to read as follows:
(f) Drug abuse Substance use disorder.
Sec. 1264. Section 602.4201, subsection 3, paragraph h,
Code 2023, is amended to read as follows:
h. Involuntary commitment or treatment of persons with
substance-related disorders a substance use disorder.
Sec. 1265. Section 602.6111, subsection 2, Code 2023, is
amended to read as follows:
2. Any party, except the child support recovery unit
services, filing a petition, complaint, answer, appearance,
first motion, or any document with the clerk of the district
court to establish or modify an order for child support
under chapter 236, 252A, 252K, 598, or 600B shall provide the
-845-clerk of the district court with the date of birth and social
security number of the child.
Sec. 1266. Section 602.6405, subsection 2, paragraph b,
Code 2023, is amended to read as follows:
b. Magistrates shall forward copies of citations issued
for violations of section 453A.2, subsection 2, and of their
dispositions to the clerk of the district court. The clerk of
the district court shall maintain records of citations issued
and the dispositions of citations, and shall forward a copy of
the records to the Iowa department of public health and human
services.
Sec. 1267. Section 602.8102, subsections 33, 43, and 47,
Code 2023, are amended to read as follows:
33. Furnish to the Iowa department of public health and
human services a certified copy of a judgment relating to the
suspension or revocation of a professional license.
43. Submit to the director of the division of child and
family services of the department of health and human services
a duplicate of the findings of the court related to adoptions
as provided in section 235.3, subsection 7.
47. Record support payments made pursuant to an order
entered under chapter 252A, 252F, 598, or 600B, or under a
comparable statute of another state or foreign country as
defined in chapter 252K, and through setoff of a state or
federal income tax refund or rebate, as if the payments were
received and disbursed by the clerk; forward support payments
received under section 252A.6 to the department of health
and human services and furnish copies of orders and decrees
awarding support to parties receiving welfare public assistance
as provided in section 252A.13.
Sec. 1268. Section 602.8103, subsection 4, paragraph j,
Code 2023, is amended to read as follows:
j. Court reporters’ notes and certified transcripts of
those notes in mental health hearings under section 229.12 and
substance abuse use disorder hearings under section 125.82,
-846-ninety days after the respondent has been discharged from
involuntary custody.
Sec. 1269. Section 613.17, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. A person or entity that owns, manages, or is otherwise
responsible for the premises on which an automated external
defibrillator is located if the person or entity maintains the
automated external defibrillator in a condition for immediate
and effective use at all times, subject to standards developed
by the department of public health and human services by rule.
Sec. 1270. Section 622.10, subsection 6, paragraph a, Code
2023, is amended to read as follows:
a. The fee charged for the cost of producing the requested
records or images shall be based upon the actual cost
of production. If the written request and accompanying
patient’s waiver, if required, authorizes the release of
all of the patient’s records for the requested time period,
including records relating to the patient’s mental health,
substance abuse use disorder, and acquired immune deficiency
syndrome-related conditions, the amount charged shall not
exceed the rates established by the workers’ compensation
commissioner for copies of records in workers’ compensation
cases. If requested, the provider shall include an affidavit
certifying that the records or images produced are true and
accurate copies of the originals for an additional fee not to
exceed ten dollars.
Sec. 1271. Section 622A.7, Code 2023, is amended to read as
follows:
622A.7 Rules.
The supreme court, after consultation with the department
of health and human rights services and other appropriate
departments, shall adopt rules governing the qualifications and
compensation of interpreters or translators appearing in legal
proceedings under this chapter. However, an administrative
agency which is subject to chapter 17A may adopt rules
-847-differing from those of the supreme court governing the
qualifications and compensation of interpreters or translators
appearing in proceedings before that agency.
Sec. 1272. Section 622B.1, subsection 2, Code 2023, is
amended to read as follows:
2. The supreme court, after consultation with the
department of health and human rights services, shall adopt
rules governing the qualifications and compensation of sign
language interpreters appearing in a legal proceeding or before
an administrative agency under this chapter. However, an
administrative agency which is subject to chapter 17A may adopt
rules differing from those of the supreme court governing the
qualifications and compensation of sign language interpreters
appearing in proceedings before that agency.
Sec. 1273. Section 622B.4, Code 2023, is amended to read as
follows:
622B.4 List.
The office of deaf services of the department of health
and human rights services shall prepare and continually
update a listing of qualified and available sign language
interpreters. The courts and administrative agencies shall
maintain a directory of qualified interpreters for deaf and
hard-of-hearing persons as furnished by the department of
health and human rights services. The office of deaf services
of the department of health and human services shall maintain
a list of sign language interpreters which shall be made
available to a court, administrative agency, or interested
parties to an action using the services of a sign language
interpreter.
Sec. 1274. Section 626.29, Code 2023, is amended to read as
follows:
626.29 Distress warrant by director of revenue, director of
inspections and appeals, or director of workforce development.
In the service of a distress warrant issued by the director
of revenue for the collection of taxes administered by or debts
-848-to be collected by the department of revenue, in the service of
a distress warrant issued by the director of inspections and
appeals for the collection of overpayment debts owed to the
department of health and human services, or in the service of a
distress warrant issued by the director of the department of
workforce development for the collection of employment security
contributions, the property of the taxpayer or the employer in
the possession of another, or debts due the taxpayer or the
employer, may be reached by garnishment.
Sec. 1275. Section 633.231, Code 2023, is amended to read
as follows:
633.231 Notice in intestate estates — medical assistance
claims.
1. Upon opening administration of an intestate estate,
the administrator shall, in accordance with section 633.410,
provide by electronic transmission on a form approved by
the department of health and human services to the entity
designated by the department of health and human services,
a notice of opening administration of the estate and of
the appointment of the administrator, which shall include a
notice to file claims with the clerk or to provide electronic
notification to the administrator that the department has no
claim within six months from the date of sending this notice,
or thereafter be forever barred.
2. The notice shall be in substantially the following form:
In the District Court of Iowa
in and for ..... County.
In the Estate ofProbate No.....
....., Deceased
NOTICE OF OPENING
ADMINISTRATION OF
ESTATE, OF APPOINTMENT OF
ADMINISTRATOR, AND
NOTICE TO CREDITOR
To the Department of Health and Human Services Who May Be
-849-Interested in the Estate of ....., Deceased, who died on or
about ...... (date):
You are hereby notified that on the .. day of ... (month),
... (year), an intestate estate was opened in the above-named
court and that ..... was appointed administrator of the
estate.
You are further notified that the birthdate of the
deceased is ... and the deceased’s social security number
is ...-...-.... The name of the spouse is ......... The
birthdate of the spouse is ... and the spouse’s social
security number is ...-...-...., and that the spouse of the
deceased is alive as of the date of this notice, or deceased as
of ...... (date).
You are further notified that the deceased was/was not a
disabled or a blind child of the medical assistance recipient
by the name of ....., who had a birthdate of ... and a social
security number of ...-...-...., and the medical assistance
debt of that medical assistance recipient was waived pursuant
to section 249A.53, subsection 2, paragraph “a”, subparagraph
(1), and is now collectible from this estate pursuant to
section 249A.53, subsection 2, paragraph “b”.
Notice is hereby given that if the department of health
and human services has a claim against the estate for the
deceased person or persons named in this notice, the claim
shall be filed with the clerk of the above-named district
court, as provided by law, duly authenticated, for allowance,
within six months from the date of sending this notice and,
unless otherwise allowed or paid, the claim is thereafter
forever barred. If the department does not have a claim, the
department shall return the notice to the administrator with
notification stating the department does not have a claim
within six months from the date of sending this notice.
Dated this .. day of ... (month), ... (year)
....................
Administrator of the estate
-850-....................
Address
....................
Attorney for the administrator
....................
Address
Sec. 1276. Section 633.304A, Code 2023, is amended to read
as follows:
633.304A Notice of probate of will — medical assistance
claims.
1. On admission of a will to probate, the executor shall,
in accordance with section 633.410, provide by electronic
transmission on a form approved by the department of health and
human services to the entity designated by the department of
health and human services, a notice of admission of the will
to probate and of the appointment of the executor, which shall
include a notice to file claims with the clerk or to provide
electronic notification to the executor that the department
has no claim within six months of sending this notice, or
thereafter be forever barred.
2. The notice shall be in substantially the following form:
In the District Court of Iowa
in and for ..... County.
Probate No. ....
In the Estate ofNOTICE OF PROBATE OF WILL,
....., DeceasedOF APPOINTMENT OF
EXECUTOR, AND
NOTICE TO CREDITORS
To the Department of Health and Human Services, Who May Be
Interested in the Estate of ....., Deceased, who died on or
about ...... (date):
You are hereby notified that on the .. day of ...(month),
...(year), the last will and testament of ......, deceased,
bearing date of the .. day of ... (month), ... (year) was
admitted to probate in the above-named court and that ......
-851-was appointed executor of the estate.
You are further notified that the birthdate of the
deceased is ... and the deceased’s social security number is
...-...-.... The name of the spouse is ...... The birthdate
of the spouse is ... and the spouse’s social security number
is ...-...-...., and that the spouse of the deceased is alive
as of the date of this notice, or deceased as of ..... (date).
You are further notified that the deceased was/was not a
disabled or a blind child of the medical assistance recipient
by the name of ......, who had a birthdate of .... and a social
security number of ...-...-...., and the medical assistance
debt of that medical assistance recipient was waived pursuant
to section 249A.53, subsection 2, paragraph “a”, subparagraph
(1), and is now collectible from this estate pursuant to
section 249A.53, subsection 2, paragraph “b”.
Notice is hereby given that if the department of health
and human services has a claim against the estate for the
deceased person or persons named in this notice, the claim
shall be filed with the clerk of the above-named district
court, as provided by law, duly authenticated, for allowance
within six months from the date of sending this notice and,
unless otherwise allowed or paid, the claim is thereafter
forever barred. If the department does not have a claim,
the department shall return the notice to the executor with
notification that the department does not have a claim within
six months from the date of sending this notice.
Dated this .. day of ... (month), ... (year)
......
Executor of estate
........
Address
......
Attorney for executor
........
Address
-852- Sec. 1277. Section 633.336, Code 2023, is amended to read
as follows:
633.336 Damages for wrongful death.
When a wrongful act produces death, damages recovered as a
result of the wrongful act shall be disposed of as personal
property belonging to the estate of the deceased; however, if
the damages include damages for loss of services and support
of a deceased spouse, parent, or child, the damages shall be
apportioned by the court among the surviving spouse, children,
and parents of the decedent in a manner as the court may deem
equitable consistent with the loss of services and support
sustained by the surviving spouse, children, and parents
respectively. Any recovery by a parent for the death of a
child shall be subordinate to the recovery, if any, of the
spouse or a child of the decedent. If the decedent leaves
a spouse, child, or parent, damages for wrongful death shall
not be subject to debts and charges of the decedent’s estate,
except for amounts to be paid to the department of health
and human services for payments made for medical assistance
pursuant to chapter 249A, paid on behalf of the decedent from
the time of the injury which gives rise to the decedent’s death
up until the date of the decedent’s death.
Sec. 1278. Section 633.356, subsection 3, paragraph a,
subparagraph (9), Code 2023, is amended to read as follows:
(9) That no debt is owed to the department of health and
human services for reimbursement of Medicaid benefits; or if
debt is owed, that the debt will be paid to the extent of funds
received pursuant to the affidavit.
Sec. 1279. Section 633.356, subsection 8, paragraph b, Code
2023, is amended to read as follows:
b. When the department of health and human services is
entitled to money or property of a decedent pursuant to section
249A.53, subsection 2, and no affidavit has been presented by
a successor as defined in subsection 2, paragraph “a” or “b”,
within ninety days of the date of the decedent’s death, the
-853-funds in the account or other property, up to the amount of
the claim of the department, shall be paid to the department
upon presentation by the department or an entity designated by
the department of an affidavit to the holder of the decedent’s
property. Such affidavit shall include the information
specified in subsection 3, except that the department may
submit proof of payment of funeral expenses as verification
of the decedent’s death instead of a certified copy of the
decedent’s death certificate. The amount of the department’s
claim shall also be included in the affidavit, which shall
entitle the department to receive the funds as a successor.
The department shall issue a refund within sixty days to any
claimant with a superior priority pursuant to section 633.425,
if notice of such claim is given to the department, or to the
entity designated by the department to receive notice, within
one year of the department’s receipt of funds. This paragraph
shall apply to funds or property of the decedent transferred
to the custody of the treasurer of state as unclaimed property
pursuant to chapter 556.
Sec. 1280. Section 633.410, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding subsection 1, claims for debts created
under section 249A.53, subsection 2, relating to the recovery
of medical assistance payments shall be barred under this
section unless filed with the clerk within six months after
sending notice by electronic transmission, on the form
prescribed in section 633.231 for intestate estates or on the
form prescribed in section 633.304A for testate estates, to
the entity designated by the department of health and human
services to receive notice.
Sec. 1281. Section 633.564, subsection 3, Code 2023, is
amended to read as follows:
3. The judicial branch, in conjunction with the department
of public safety, the department of health and human services,
and the state chief information officer, shall establish
-854-procedures for electronic access to the single contact
repository established pursuant to section 135C.33 necessary to
conduct background checks requested under subsection 1.
Sec. 1282. Section 633.641, subsection 4, Code 2023, is
amended to read as follows:
4. The conservator shall report to the department of health
and human services the protected person’s assets and income,
if the protected person is receiving medical assistance under
chapter 249A. Such reports shall be made upon establishment of
a conservatorship for an individual applying for or receiving
medical assistance, upon application for benefits on behalf
of the protected person, upon annual or semiannual review of
continued medical assistance eligibility, when any significant
change in the protected person’s assets or income occurs, or
as otherwise requested by the department of health and human
services. Written reports shall be provided to the department
of health and human services office for the county in which the
protected person resides or the office in which the protected
person’s medical assistance is administered.
Sec. 1283. Section 633B.120, subsection 2, paragraph f,
Code 2023, is amended to read as follows:
f. The person makes, or has actual knowledge that another
person has made, a report to the department of health and human
services stating a good-faith belief that the principal may be
subject to physical or financial abuse, neglect, exploitation,
or abandonment by the agent or a person acting for or with the
agent.
Sec. 1284. Section 633C.1, Code 2023, is amended to read as
follows:
633C.1 Definitions.
For purposes of this chapter, unless the context otherwise
requires:
1. “Available monthly income” means in reference to a
medical assistance income trust beneficiary, any income
received directly by the beneficiary, not from the trust,
-855-that counts as income in determining eligibility for medical
assistance and any amounts paid to or otherwise made available
to the beneficiary by the trustee pursuant to section 633C.3,
subsection 1, paragraph “b”, or section 633C.3, subsection 2,
paragraph “b”.
2. “Beneficiary” means the original beneficiary of a medical
assistance special needs trust or medical assistance income
trust, whose assets funded the trust.
3. “Department” means the department of health and human
services.
3. 4. “Institutionalized individual” means an individual
receiving nursing facility services, a level of care in any
institution equivalent to nursing facility services, or home
and community-based services under the medical assistance home
and community-based services waiver program.
4. 5. “Maximum monthly medical assistance payment rate for
services in an intermediate care facility for persons with an
intellectual disability” means the allowable rate established by
the department of human services and as published in the Iowa
administrative bulletin.
5. 6. “Medical assistance” means medical assistance as
defined in section 249A.2.
6. 7. “Medical assistance income trust” means a trust or
similar legal instrument or device that meets the criteria of
42 U.S.C. §1396p(d)(4)(B)(i)-(ii).
7. 8. “Medical assistance special needs trust” means a trust
or similar legal instrument or device that meets the criteria
of 42 U.S.C. §1396p(d)(4)(A) or (C).
8. 9. “Statewide average charge for state mental health
institute care” means the statewide average charge for such
care as calculated by the department of human services and as
published in the Iowa administrative bulletin.
9. 10. “Statewide average charge for nursing facility
services” means the statewide average charge for such care,
excluding charges by Medicare-certified, skilled nursing
-856-facilities, as calculated by the department of human services
and as published in the Iowa administrative bulletin.
10. 11. “Statewide average charge to private-pay patients
for psychiatric medical institutions for children care” means
the statewide average charge for such care as calculated by
the department of human services and as published in the Iowa
administrative bulletin.
11. 12. “Total monthly income” means in reference to a
medical assistance income trust beneficiary, income received
directly by the beneficiary, not from the trust, that counts
as income in determining eligibility for medical assistance,
income of the beneficiary received by the trust that would
otherwise count as income in determining the beneficiary’s
eligibility for medical assistance, and income or earnings of
the trust received by the trust.
Sec. 1285. Section 633C.5, Code 2023, is amended to read as
follows:
633C.5 Cooperation.
1. The department of human services shall cooperate with
the trustee of a medical assistance special needs trust or a
medical assistance income trust in determining the appropriate
disposition of the trust under sections 633C.2 and 633C.3.
2. The trustee of a medical assistance special needs trust
or medical assistance income trust shall cooperate with the
department of human services in supplying information regarding
a trust established under this chapter.
Sec. 1286. Section 642.2, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding subsections 2, 3, 6, and 7, any moneys
owed to the child support obligor by the state, with the
exception of unclaimed property held by the treasurer of
state pursuant to chapter 556, and payments owed to the child
support obligor through the Iowa public employees’ retirement
system are subject to garnishment, attachment, execution, or
assignment by the child support recovery unit services if the
-857- child support recovery unit services is providing enforcement
services pursuant to chapter 252B. Any moneys that are
determined payable by the treasurer pursuant to section 556.20,
subsection 2, to the child support obligor shall be subject
to setoff pursuant to section 8A.504, notwithstanding any
administrative rule pertaining to the child support recovery
unit services limiting the amount of the offset.
Sec. 1287. Section 669.2, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. “Employee of the state” includes any one or more
officers, agents, or employees of the state or any state
agency, including members of the general assembly, and persons
acting on behalf of the state or any state agency in any
official capacity, temporarily or permanently in the service of
the state of Iowa, whether with or without compensation, but
does not include a contractor doing business with the state.
Professional personnel, including physicians, osteopathic
physicians and surgeons, osteopathic physicians, optometrists,
dentists, nurses, physician assistants, and other medical
personnel, who render services to patients or inmates of state
institutions under the jurisdiction of the department of health
and human services or the Iowa department of corrections,
and employees of the department of veterans affairs, are to
be considered employees of the state, whether the personnel
are employed on a full-time basis or render services on
a part-time basis on a fee schedule or other arrangement.
Criminal defendants while performing unpaid community service
ordered by the district court, board of parole, or judicial
district department of correctional services, or an inmate
providing services pursuant to a chapter 28E agreement entered
into pursuant to section 904.703, and persons supervising
those inmates under and according to the terms of the chapter
28E agreement, are to be considered employees of the state.
Members of the Iowa national guard performing duties in
a requesting state pursuant to section 29C.21 are to be
-858-considered employees of the state solely for the purpose of
claims arising out of those duties in the event that the
requesting state’s tort claims coverage does not extend to
such members of the Iowa national guard or is less than that
provided under Iowa law.
Sec. 1288. Section 674.3, Code 2023, is amended to read as
follows:
674.3 Petition copy.
A copy of the petition shall be filed by the clerk of court
with the division for records and state registrar of vital
statistics of the Iowa department of public health and human
services.
Sec. 1289. Section 674.7, Code 2023, is amended to read as
follows:
674.7 Copy to Iowa department of public health and human
services.
When the court grants a decree of change of name, the clerk
of the court shall furnish the petitioner with a certified copy
of the decree and mail an abstract of a decree requiring a name
change to be reflected on a birth certificate to the state
registrar of vital statistics of the Iowa department of public
health and human services on a form provided by the state
registrar.
Sec. 1290. Section 686D.2, subsection 11, paragraph e, Code
2023, is amended to read as follows:
e. Any state agency, including the department of public
health and human services.
Sec. 1291. Section 691.5, Code 2023, is amended to read as
follows:
691.5 State medical examiner.
The office and position of state medical examiner is
established for administrative purposes within the Iowa
department of public health and human services. Other state
agencies shall cooperate with the state medical examiner in
the use of state-owned facilities when appropriate for the
-859-performance of nonadministrative duties of the state medical
examiner. The state medical examiner shall be a physician
and surgeon or osteopathic physician and surgeon, be licensed
to practice medicine in the state of Iowa, and be board
certified or eligible to be board certified in anatomic and
forensic pathology by the American board of pathology. The
state medical examiner shall be appointed by and serve at the
pleasure of the director of public health and human services
upon the advice of and in consultation with the director of
public safety and the governor. The state medical examiner,
in consultation with the director of public health and human
services, shall be responsible for developing and administering
the medical examiner’s budget and for employment of medical
examiner staff and assistants. The state medical examiner
may be a faculty member of the university of Iowa college of
medicine or the college of law at the university of Iowa, and
any of the examiner’s assistants or staff may be members of the
faculty or staff of the university of Iowa college of medicine
or the college of law at the university of Iowa.
Sec. 1292. Section 691.6, subsection 3, Code 2023, is
amended to read as follows:
3. To adopt rules pursuant to chapter 17A and subject to the
approval of the director of public health and human services.
Sec. 1293. Section 691.6, subsection 10, Code 2023, is
amended by striking the subsection.
Sec. 1294. Section 691.6A, Code 2023, is amended to read as
follows:
691.6A Deputy state medical examiner — creation and duties.
The position of deputy state medical examiner is created
within the office of the state medical examiner. The deputy
state medical examiner shall report to and be responsible to
the state medical examiner. The deputy state medical examiner
shall meet the qualification criteria established in section
691.5 for the state medical examiner and shall be subject to
rules adopted by the state medical examiner as provided in
-860-section 691.6, subsection 3. The state medical examiner and
the deputy state medical examiner shall function as a team,
providing peer review as necessary, fulfilling each other’s job
responsibilities during times of absence, and working jointly
to provide services and education to county medical examiners,
law enforcement officials, hospital pathologists, and other
individuals and entities. The deputy medical examiner may
be, but is not required to be, a full-time salaried faculty
member of the department of pathology of the university of Iowa
college of medicine. If the medical examiner is a full-time
salaried faculty member of the department of pathology of the
university of Iowa college of medicine, the Iowa department
of public health and human services and the state board of
regents shall enter into a chapter 28E agreement to define the
activities and functions of the deputy medical examiner, and
to allocate deputy medical examiner costs, consistent with the
requirements of this section.
Sec. 1295. Section 691.6B, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Advise the state medical examiner concerning the
assurance of effective coordination of the functions and
operations of the office of the state medical examiner with the
needs and interests of the departments of public safety and
public health and human services.
Sec. 1296. Section 691.6B, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The director of public health and human services or the
director’s designee.
Sec. 1297. Section 691.7, Code 2023, is amended to read as
follows:
691.7 Commissioner to accept federal or private grants.
The commissioner of public safety may accept federal
or private funds or grants to aid in the establishment or
operation of the state criminalistics laboratory, and the
director of public health and human services or the state board
-861-of regents may accept federal or private funds or grants to
aid in the establishment or operation of the position of state
medical examiner.
Sec. 1298. Section 692.15, subsection 1, Code 2023, is
amended to read as follows:
1. If it comes to the attention of a sheriff, police
department, or other law enforcement agency that a public
offense or delinquent act has been committed in its
jurisdiction, the law enforcement agency shall report
information concerning the public offense or delinquent act to
the department on a form to be furnished by the department not
more than thirty-five days from the time the public offense
or delinquent act first comes to the attention of the law
enforcement agency. The reports shall be used to generate
crime statistics. The department shall submit statistics to
the governor, the general assembly, and the division of subunit
of the department of health and human services responsible for
criminal and juvenile justice planning of the department of
human rights on a quarterly and yearly basis.
Sec. 1299. Section 707.6A, subsection 1D, Code 2023, is
amended to read as follows:
1D. Where the program is available and appropriate for
the defendant, the court shall also order the defendant to
participate in a reality education substance abuse use disorder
prevention program as provided in section 321J.24.
Sec. 1300. Section 708.3A, subsections 1, 2, 3, and 4, Code
2023, are amended to read as follows:
1. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, whether paid
-862-or volunteer, with the knowledge that the person against
whom the assault is committed is a peace officer, jailer,
correctional staff, member or employee of the board of parole,
health care provider, employee of the department of health and
human services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter and with the
intent to inflict a serious injury upon the peace officer,
jailer, correctional staff, member or employee of the board
of parole, health care provider, employee of the department
of health and human services, employee of the department of
revenue, national guard member engaged in national guard duty
or state active duty, civilian employee of a law enforcement
agency, civilian employee of a fire department, or fire
fighter, is guilty of a class “D” felony.
2. A person who commits an assault, as defined in section
708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, whether paid
or volunteer, who knows that the person against whom the
assault is committed is a peace officer, jailer, correctional
staff, member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter and who uses or
displays a dangerous weapon in connection with the assault, is
guilty of a class “D” felony.
3. A person who commits an assault, as defined in section
-863-708.1, against a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, whether paid
or volunteer, who knows that the person against whom the
assault is committed is a peace officer, jailer, correctional
staff, member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, and who causes
bodily injury or mental illness, is guilty of an aggravated
misdemeanor.
4. Any other assault, as defined in section 708.1, committed
against a peace officer, jailer, correctional staff, member
or employee of the board of parole, health care provider,
employee of the department of health and human services,
employee of the department of revenue, national guard member
engaged in national guard duty or state active duty, civilian
employee of a law enforcement agency, civilian employee of a
fire department, or fire fighter, whether paid or volunteer,
by a person who knows that the person against whom the assault
is committed is a peace officer, jailer, correctional staff,
member or employee of the board of parole, health care
provider, employee of the department of health and human
services, employee of the department of revenue, national
guard member engaged in national guard duty or state active
duty, civilian employee of a law enforcement agency, civilian
employee of a fire department, or fire fighter, is a serious
misdemeanor.
Sec. 1301. Section 708.3A, subsection 5, paragraph b, Code
-864-2023, is amended to read as follows:
b. “Employee of the department of health and human services”
means a person who is an employee of an institution controlled
by the director of health and human services that is listed in
section 218.1, or who is an employee of the civil commitment
unit for sex offenders operated by the department of health and
human services. A person who commits an assault under this
section against an employee of the department of health and
human services at a department of health and human services
institution or unit is presumed to know that the person against
whom the assault is committed is an employee of the department
of health and human services.
Sec. 1302. Section 709.16, subsection 2, paragraph b,
subparagraphs (2) and (5), Code 2023, are amended to read as
follows:
(2) Institutions controlled by the department of health and
human services listed in section 218.1.
(5) Facilities for the treatment of persons with
substance-related disorders a substance use disorder as defined
in section 125.2.
Sec. 1303. Section 710.8, subsection 3, Code 2023, is
amended to read as follows:
3. A person shall not harbor a runaway child with the intent
of allowing the runaway child to remain away from home against
the wishes of the child’s parent, guardian, or custodian.
However, the provisions of this subsection do not apply to
a shelter care home which is licensed or approved by the
department of health and human services.
Sec. 1304. Section 714G.8, subsection 5, Code 2023, is
amended to read as follows:
5. The department of health and human services or its agents
or assignees acting to investigate fraud under the medical
assistance program.
Sec. 1305. Section 715A.11, subsection 5, Code 2023, is
amended to read as follows:
-865- 5. A person who violates this section is guilty of a simple
misdemeanor for a first offense and a serious misdemeanor for
each subsequent offense. The court may require a substance
abuse use disorder evaluation and treatment through a program
licensed by the Iowa department of public health and human
services in lieu of or in addition to other penalties. Any
substance abuse use disorder evaluation required under this
subsection shall be completed at the expense of the defendant.
Sec. 1306. Section 724.31, subsection 2, Code 2023, is
amended to read as follows:
2. A person who is subject to the disabilities imposed
by 18 U.S.C. §922(d)(4) and (g)(4) because of an order or
judgment that occurred under the laws of this state may
petition the court that issued the order or judgment or the
court in the county where the person resides for relief from
the disabilities imposed under 18 U.S.C. §922(d)(4) and (g)(4).
A copy of the petition shall also be served on the director of
health and human services and the county attorney at the county
attorney’s office of the county in which the original order
occurred, and the director or the county attorney may appear,
support, object to, and present evidence relevant to the relief
sought by the petitioner.
Sec. 1307. Section 725.1, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If the person who sells or offers for sale the person’s
services as a partner in a sex act is under the age of eighteen,
the county attorney may elect, in lieu of filing a petition
alleging that the person has committed a delinquent act,
to refer that person to the department of health and human
services for the possible filing of a petition alleging that
the person is a child in need of assistance.
Sec. 1308. Section 730.5, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. “Medical review officer” means a licensed physician,
osteopathic physician, chiropractor, nurse practitioner, or
-866-physician assistant authorized to practice in any state of the
United States, who is responsible for receiving laboratory
results generated by an employer’s drug or alcohol testing
program, and who has knowledge of substance abuse use disorders
and has appropriate medical training to interpret and evaluate
an individual’s confirmed positive test result together
with the individual’s medical history and any other relevant
biomedical information.
Sec. 1309. Section 730.5, subsection 3, Code 2023, is
amended to read as follows:
3. Testing optional. This section does not require or
create a legal duty on an employer to conduct drug or alcohol
testing and the requirements of this section shall not be
construed to encourage, discourage, restrict, limit, prohibit,
or require such testing. In addition, an employer may
implement and require drug or alcohol testing at some but not
all of the work sites of the employer and the requirements of
this section shall only apply to the employer and employees who
are at the work sites where drug or alcohol testing pursuant to
this section has been implemented. A cause of action shall not
arise in favor of any person against an employer or agent of an
employer based on the failure of the employer to establish a
program or policy on substance abuse use disorder prevention
or to implement any component of testing as permitted by this
section.
Sec. 1310. Section 730.5, subsection 7, paragraph f, Code
2023, is amended to read as follows:
f. All confirmatory drug testing shall be conducted at a
laboratory certified by the United States department of health
and human services’ substance abuse and mental health services
administration or approved under rules adopted by the Iowa
department of public health and human services.
Sec. 1311. Section 730.5, subsection 9, paragraph c,
subparagraph (2), Code 2023, is amended to read as follows:
(2) If an employer does not have an employee assistance
-867-program, the employer must maintain a resource file of alcohol
and other drug abuse substance use disorder programs certified
by the Iowa department of public health and human services,
mental health providers, and other persons, entities, or
organizations available to assist employees with personal or
behavioral problems. The employer shall provide all employees
information about the existence of the resource file and a
summary of the information contained within the resource file.
The summary should contain, but need not be limited to, all
information necessary to access the services listed in the
resource file.
Sec. 1312. Section 730.5, subsection 9, paragraph g,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
Upon receipt of a confirmed positive alcohol test
which indicates an alcohol concentration greater than the
concentration level established by the employer pursuant to
this section, and if the employer has at least fifty employees,
and if the employee has been employed by the employer for
at least twelve of the preceding eighteen months, and if
rehabilitation is agreed upon by the employee, and if the
employee has not previously violated the employer’s substance
abuse use disorder prevention policy pursuant to this section,
the written policy shall provide for the rehabilitation of the
employee pursuant to subsection 10, paragraph “a”, subparagraph
(1), and the apportionment of the costs of rehabilitation as
provided by this paragraph “g”.
Sec. 1313. Section 730.5, subsection 9, paragraph h, Code
2023, is amended to read as follows:
h. In order to conduct drug or alcohol testing under this
section, an employer shall require supervisory personnel of
the employer involved with drug or alcohol testing under this
section to attend a minimum of two hours of initial training
and to attend, on an annual basis thereafter, a minimum of one
hour of subsequent training. The training shall include, but
-868-is not limited to, information concerning the recognition of
evidence of employee alcohol and other drug abuse substance
use disorder, the documentation and corroboration of employee
alcohol and other drug abuse substance use disorder, and the
referral of employees who abuse alcohol or other drugs with a
substance use disorder to the employee assistance program or
to the resource file maintained by the employer pursuant to
paragraph “c”, subparagraph (2).
Sec. 1314. Section 730.5, subsection 11, paragraph d, Code
2023, is amended to read as follows:
d. Termination or suspension of any substance abuse use
disorder prevention or testing program or policy.
Sec. 1315. Section 730.5, subsection 12, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The employer discloses the test results to a person
other than the employer, an authorized employee, agent, or
representative of the employer, the tested employee or the
tested applicant for employment, an authorized substance abuse
use disorder treatment program or employee assistance program,
or an authorized agent or representative of the tested employee
or applicant.
Sec. 1316. Section 730.5, subsection 13, paragraph d,
subparagraph (1), subparagraph division (e), Code 2023, is
amended to read as follows:
(e) To a substance abuse use disorder evaluation or
treatment facility or professional for the purpose of
evaluation or treatment of the employee.
Sec. 1317. Section 730.5, subsection 16, Code 2023, is
amended to read as follows:
16. Reports. A laboratory doing business for an employer
who conducts drug or alcohol tests pursuant to this section
shall file an annual report with the Iowa department of public
health and human services by March 1 of each year concerning
the number of drug or alcohol tests conducted on employees who
work in this state pursuant to this section, and the number
-869-of positive and negative results of the tests, during the
previous calendar year. In addition, the laboratory shall
include in its annual report the specific basis for each test
as authorized in subsection 8, the type of drug or drugs which
were found in the positive drug tests, and all significant
available demographic factors relating to the positive test
pool.
Sec. 1318. Section 804.31, subsection 1, Code 2023, is
amended to read as follows:
1. When a person is detained for questioning or arrested
for an alleged violation of a law or ordinance and there is
reason to believe that the person is deaf or hard-of-hearing,
the peace officer making the arrest or taking the person
into custody or any other officer detaining the person shall
determine if the person is a deaf or hard-of-hearing person as
defined in section 622B.1. If the officer so determines, the
officer, at the earliest possible time and prior to commencing
any custodial interrogation of the person, shall procure a
qualified interpreter in accordance with section 622B.2 and the
rules adopted by the supreme court under section 622B.1 unless
the deaf or hard-of-hearing person knowingly, voluntarily,
and intelligently waives the right to an interpreter in
writing by executing a form prescribed by the department of
health and human rights services and the Iowa county attorneys
association. The interpreter shall interpret the officer’s
warnings of constitutional rights and protections and all other
warnings, statements, and questions spoken or written by any
officer, attorney, or other person present and all statements
and questions communicated in sign language by the deaf or
hard-of-hearing person.
Sec. 1319. Section 811.2, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Any bailable defendant who is charged with unlawful
possession, manufacture, delivery, or distribution of a
controlled substance or other drug under chapter 124 and is
-870-ordered released shall be required, as a condition of that
release, to submit to a substance abuse use disorder evaluation
and follow any recommendations proposed in the evaluation for
appropriate substance abuse use disorder treatment. However,
if a bailable defendant is charged with manufacture, delivery,
possession with the intent to manufacture or deliver, or
distribution of methamphetamine, its salts, optical isomers,
and salts of its optical isomers, the defendant shall, in
addition to a substance abuse use disorder evaluation, remain
under supervision and be required to undergo random drug tests
as a condition of release.
Sec. 1320. Section 812.6, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. A defendant who does not pose a danger to the public
peace or safety, but is otherwise being held in custody, or
who refuses to cooperate with treatment, shall be committed to
the custody of the director of health and human services at a
department of health and human services facility for treatment
designed to restore the defendant to competency. The costs of
the treatment pursuant to this paragraph shall be borne by the
department of health and human services.
Sec. 1321. Section 901.3, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. Whether the defendant has a history of mental health
issues or a substance abuse problems use disorder. If so, the
investigator shall inquire into the treatment options available
in both the community of the defendant and the correctional
system.
Sec. 1322. Section 901.3, subsection 2, Code 2023, is
amended to read as follows:
2. All local and state mental and correctional
institutions, courts, and police agencies shall furnish to the
investigator on request the defendant’s criminal record and
other relevant information. The originating source of specific
mental health or substance abuse use disorder information
-871-including the histories, treatment, and use of medications
shall not be released to the presentence investigator unless
the defendant authorizes the release of such information.
If the defendant refuses to release the information, the
presentence investigator may note the defendant’s refusal
to release mental health or substance abuse use disorder
information in the presentence investigation report and rely
upon other mental health or substance abuse use disorder
information available to the presentence investigator.
With the approval of the court, a physical examination or
psychiatric evaluation of the defendant may be ordered, or
the defendant may be committed to an inpatient or outpatient
psychiatric facility for an evaluation of the defendant’s
personality and mental health. The results of any such
examination or evaluation shall be included in the report of
the investigator.
Sec. 1323. Section 901.4, Code 2023, is amended to read as
follows:
901.4 Presentence investigation report confidential —
access.
The presentence investigation report is confidential and the
court shall provide safeguards to ensure its confidentiality,
including but not limited to sealing the report, which may
be opened only by further court order. The defendant’s
attorney and the attorney for the state shall have access to
the presentence investigation report at least three days prior
to the date set for sentencing. The defendant’s appellate
attorney and the appellate attorney for the state shall have
access to the presentence investigation report upon request
and without the necessity of a court order. The report shall
remain confidential except upon court order. However, the
court may conceal the identity of the person who provided
confidential information. The report of a medical examination
or psychological or psychiatric evaluation shall be made
available to the attorney for the state and to the defendant
-872-upon request. The reports are part of the record but shall
be sealed and opened only on order of the court. If the
defendant is committed to the custody of the Iowa department
of corrections and is not a class “A” felon, an employee
of the department, if authorized by the director of the
department, an employee of a judicial district department
of correctional services, if authorized by the director of
the judicial district department of correctional services,
and an employee of the board of parole, if authorized by the
chairperson or a member of the board of parole, shall have
access to the presentence investigation report. Pursuant to
section 904.602, the presentence investigation report may also
be released by ordinary or electronic mail by the department of
corrections or a judicial district department of correctional
services to another jurisdiction for the purpose of providing
interstate probation and parole compact or interstate compact
for adult offender supervision services or evaluations, or
to a substance abuse use disorder or mental health services
provider when referring a defendant for services. The
defendant or the defendant’s attorney may file with the
presentence investigation report, a denial or refutation of the
allegations, or both, contained in the report. The denial or
refutation shall be included in the report.
Sec. 1324. Section 901.4A, Code 2023, is amended to read as
follows:
901.4A Substance abuse use disorder evaluation.
Upon a plea of guilty, a verdict of guilty, or a special
verdict upon which a judgment of conviction may be rendered,
the court may order the defendant to submit to and complete
a substance abuse use disorder evaluation, if the court
determines that there is reason to believe that the defendant
regularly abuses uses alcohol or other controlled substances
and may be in need of treatment. An order made pursuant to this
section may be made in addition to any other sentence or order
of the court.
-873- Sec. 1325. Section 901.5, subsection 8, Code 2023, is
amended to read as follows:
8. The court may order the defendant to complete any
treatment indicated by a substance abuse use disorder
evaluation ordered pursuant to section 901.4A or any other
section.
Sec. 1326. Section 901B.1, subsection 1, paragraph c,
subparagraph (5), Code 2023, is amended to read as follows:
(5) A substance abuse use disorder treatment facility
as established and operated by the Iowa department of public
health and human services or the department of corrections.
Sec. 1327. Section 901B.1, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. A copy of the program and plan shall be filed with
the chief judge of the judicial district, the department of
corrections, and the division of subunit of the department of
health and human services responsible for criminal and juvenile
justice planning of the department of human rights.
Sec. 1328. Section 904.108, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Establish and maintain acceptable standards of treatment,
training, education, and rehabilitation in the various
state penal and corrective institutions which shall include
habilitative services and treatment for offenders with an
intellectual disability. For the purposes of this paragraph,
“habilitative services and treatment” means medical, mental
health, social, educational, counseling, and other services
which will assist a person with an intellectual disability
to become self-reliant. However, the director may also
provide rehabilitative treatment and services to other persons
who require the services. The director shall identify all
individuals entering the correctional system who are persons
with an intellectual disability, as defined in section 4.1.
Identification shall be made by a qualified professional in the
area of intellectual disability. In assigning an offender with
-874-an intellectual disability, or an offender with an inadequately
developed intelligence or with impaired mental abilities, to
a correctional facility, the director shall consider both
the program needs and the security needs of the offender.
The director shall consult with the department of health
and human services in providing habilitative services and
treatment to offenders with mental illness or an intellectual
disability. The director may enter into agreements with the
department of health and human services to utilize mental
health institutions and share staff and resources for purposes
of providing habilitative services and treatment, as well as
providing other special needs programming. Any agreement to
utilize mental health institutions and to share staff and
resources shall provide that the costs of the habilitative
services and treatment shall be paid from state funds. Not
later than twenty days prior to entering into any agreement
to utilize mental health institution staff and resources,
other than the use of a building or facility, for purposes of
providing habilitative services and treatment, as well as other
special needs programming, the directors of the departments of
corrections and health and human services shall each notify the
chairpersons and ranking members of the joint appropriations
subcommittees that last handled the appropriation for their
respective departments of the pending agreement. Use of a
building or facility shall require approval of the general
assembly if the general assembly is in session or, if the
general assembly is not in session, the legislative council
may grant temporary authority, which shall be subject to final
approval of the general assembly during the next succeeding
legislative session.
Sec. 1329. Section 904.108, subsection 5, Code 2023, is
amended to read as follows:
5. The director may obtain assistance for the department
for construction, facility planning, and project accomplishment
with the department of administrative services and by
-875-contracting under chapter 28E for data processing with the
department of health and human services or the department of
administrative services.
Sec. 1330. Section 904.201, subsection 3, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Residents transferred from an institution under the
jurisdiction of the department of health and human services or
the Iowa department of corrections.
Sec. 1331. Section 904.302, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The director may appoint a farm operations administrator
for institutions under the control of the departments of
corrections and health and human services. If appointed, the
farm operations administrator, subject to the direction of the
director shall do all of the following:
Sec. 1332. Section 904.302, subsections 1, 3, and 8, Code
2023, are amended to read as follows:
1. Manage and supervise all farming and nursery operations
at institutions, farms and gardens of the departments of
corrections and health and human services.
3. Develop an annual operations plan for crop and
livestock production and utilization that will provide work
experience and contribute to developing vocational skills of
the institutions’ inmates and residents. The department of
health and human services must approve the parts of the plan
that affect farm operations on property of institutions having
programs of the department of health and human services.
8. Pay property taxes levied against land leased by the
department of corrections or department of health and human
services as provided in section 427.1, subsection 1.
Sec. 1333. Section 904.503, Code 2023, is amended to read
as follows:
904.503 Transfers — persons with mental illness.
1. a. The director may transfer at the expense of the
department an inmate of one institution to another institution
-876-under the director’s control if the director is satisfied that
the transfer is in the best interests of the institutions or
inmates.
b. The director may transfer at the expense of the
department an inmate under the director’s jurisdiction from any
institution supervised by the director to another institution
under the control of an administrator of a division of the
department director of health and human services with the
consent and approval of the administrator director of health
and human services and may transfer an inmate to any other
institution for mental or physical examination or treatment
retaining jurisdiction over the inmate when so transferred.
c. If the juvenile court waives its jurisdiction over a
child over thirteen and under eighteen years of age pursuant
to section 232.45 so that the child may be prosecuted as an
adult and if the child is convicted of a public offense in the
district court and committed to the custody of the director
under section 901.7, the director may request transfer of the
child to the state training school under this section. If
the administrator of a division of the department director of
health and human services consents and approves the transfer,
the child may be retained in temporary custody by the state
training school until attaining the age of eighteen, at which
time the child shall be returned to the custody of the director
of the department of corrections to serve the remainder of
the sentence imposed by the district court. If the child
becomes a security risk or becomes a danger to other residents
of the state training school at any time before reaching
eighteen years of age, the administrator of the division of
the department director of health and human services may
immediately return the child to the custody of the director of
the department of corrections to serve the remainder of the
sentence.
2. When the director has cause to believe that an inmate
in a state correctional institution is mentally ill, the
-877-Iowa department of corrections may cause the inmate to be
transferred to the Iowa medical and classification center,
or to another appropriate facility within the department,
for examination, diagnosis, or treatment. The inmate shall
be confined at that center or facility or a state hospital
for persons with mental illness health institute until the
expiration of the inmate’s sentence or until the inmate
is pronounced in good mental health. If the inmate is
pronounced in good mental health before the expiration of the
inmate’s sentence, the inmate shall be returned to the state
correctional institution until the expiration of the inmate’s
sentence.
3. When the director has reason to believe that a prisoner
in a state correctional institution, whose sentence has
expired, is mentally ill, the director shall cause examination
to be made of the prisoner by competent physicians who shall
certify to the director whether the prisoner is in good
mental health or mentally ill. The director may make further
investigation and if satisfied that the prisoner is mentally
ill, the director may cause the prisoner to be transferred
to one of the hospitals for persons with mental illness, or
may order the prisoner to be confined in the Iowa medical and
classification center.
Sec. 1334. Section 904.513, subsection 1, paragraph b,
subparagraphs (2) and (3), Code 2023, are amended to read as
follows:
(2) Offenders convicted of violating chapter 321J,
sentenced to the custody of the director, and awaiting
placement in a community residential substance abuse use
disorder treatment program for such offenders shall be placed
in an institutional substance abuse use disorder program
for such offenders within sixty days of admission to the
institution or as soon as practical. When placing offenders
convicted of violating chapter 321J in community residential
substance abuse use disorder treatment programs for such
-878-offenders, the department shall give priority as appropriate
to the placement of those offenders currently in institutional
substance abuse use disorder programs for such offenders. The
department shall work with each judicial district to enable
such offenders to enter community residential substance abuse
use disorder treatment programs at a level comparable to their
prior institutional program participation.
(3) Assignment shall be for the purposes of risk
management and substance abuse use disorder treatment and may
include education or work programs when the offender is not
participating in other program components.
Sec. 1335. Section 904.513, subsection 3, Code 2023, is
amended to read as follows:
3. The department shall adopt rules for the implementation
of this section. The rules shall include the requirement
that the treatment programs established pursuant to this
chapter meet the licensure standards of the department of
public health and human services under chapter 125. The rules
shall also include provisions for the funding of the program
by means of self-contribution by the offenders, insurance
reimbursement on behalf of offenders, or other forms of
funding, program structure, criteria for the evaluation of
offenders and programs, and all other issues the director shall
deem appropriate.
Sec. 1336. Section 904.514, subsection 1, Code 2023, is
amended to read as follows:
1. A person committed to an institution under the control of
the department who bites another person, who causes an exchange
of bodily fluids with another person, or who causes any bodily
secretion to be cast upon another person, shall submit to the
withdrawal of a bodily specimen for testing to determine if the
person is infected with a contagious infectious disease. The
bodily specimen to be taken shall be determined by the staff
physician of the institution. The specimen taken shall be
sent to the state hygienic laboratory at the state university
-879-at Iowa City or some other laboratory approved by the Iowa
department of public health and human services. If a person
to be tested pursuant to this section refuses to submit to the
withdrawal of a bodily specimen, application may be made by the
superintendent of the institution to the district court for an
order compelling the person to submit to the withdrawal and,
if infected, to available treatment. An order authorizing the
withdrawal of a specimen for testing may be issued only by a
district judge or district associate judge upon application by
the superintendent of the institution.
Sec. 1337. Section 904.706, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. As used in this section, “department” means the Iowa
department of corrections and the Iowa department of health and
human services.
4. The farm operations administrator appointed under
section 904.302 shall perform the functions described under
section 904.302 for agricultural operations on property of the
Iowa department of health and human services.
5. The Iowa department of health and human services shall
enter into an agreement under chapter 28D with the Iowa
department of corrections to implement this section.
Sec. 1338. Section 904.809, subsection 5, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) An amount which the inmate may be legally obligated to
pay for the support of the inmate’s dependents, which shall
be paid through the department of health and human services
collection services center, and which shall include an amount
for delinquent child support not to exceed fifty percent of net
earnings.
Sec. 1339. Section 904.905, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An amount the inmate may be legally obligated to pay for
the support of the inmate’s dependents, the amount of which
shall be paid to the dependents through the department of
-880- health and human services office or unit serving the county or
city in which the dependents reside.
Sec. 1340. Section 905.12, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An amount the resident may be legally obligated to pay
for the support of dependents, which shall be paid to the
dependents directly or through the department of health and
human services office or unit serving the county in which the
dependents reside. For the purpose of this paragraph, “legally
obligated” means under a court order.
Sec. 1341. Section 905.15, subsection 2, Code 2023, is
amended to read as follows:
2. A person under supervision of a district department, who
assaults another person as defined in section 708.1, by biting,
casting bodily fluids, or acting in a manner that results in
the exchange of bodily fluids, shall submit to the withdrawal
of a bodily specimen for testing to determine if the person
is infected with a contagious infectious disease. The bodily
specimen to be taken shall be determined by a physician. The
specimen taken shall be sent to the state hygienic laboratory
at the state university at Iowa City or some other laboratory
approved by the department of public health and human services.
If a person to be tested pursuant to this section refuses to
submit to the withdrawal of a bodily specimen, application may
be made by the director to the district court for an order
compelling the person to submit to the withdrawal and, if
infected, to available treatment. An order authorizing the
withdrawal of a specimen for testing may be issued only by a
district judge or district associate judge upon application by
the director.
Sec. 1342. Section 907.5, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. The defendant’s mental health and substance abuse
use disorder history and treatment options available in the
community and the correctional system.
-881- Sec. 1343. Section 915.29, Code 2023, is amended to read as
follows:
915.29 Notification of victim of juvenile by department of
health and human services.
1. The department of health and human services shall notify
a registered victim regarding a juvenile adjudicated delinquent
for a violent crime, committed to the custody of the department
of health and human services, and placed at the state training
school, of the following:
a. The date on which the juvenile is expected to be
temporarily released from the custody of the department of
health and human services, and whether the juvenile is expected
to return to the community where the registered victim resides.
b. The juvenile’s escape from custody.
c. The recommendation by the department to consider the
juvenile for release or placement.
d. The date on which the juvenile is expected to be released
from a facility pursuant to a plan of placement.
2. The notification required pursuant to this section
may occur through the automated victim notification system
referred to in section 915.10A to the extent such information
is available for dissemination through the system.
Sec. 1344. Section 915.35, subsection 4, Code 2023, is
amended to read as follows:
4. a. A child protection assistance team involving the
county attorney, law enforcement personnel, and personnel
of the department of health and human services shall be
established for each county by the county attorney. However,
by mutual agreement, two or more county attorneys may
establish a single child protection assistance team to cover a
multicounty area. A child protection assistance team, to the
greatest extent possible, may be consulted in cases involving a
forcible felony against a child who is less than age fourteen
in which the suspected offender is the person responsible
for the care of a child, as defined in section 232.68. A
-882-child protection assistance team may also be utilized in cases
involving a violation of chapter 709 or 726 or other crime
committed upon a victim as defined in subsection 1.
b. A child protection assistance team may also consult
with or include juvenile court officers, medical and mental
health professionals, physicians or other hospital-based health
professionals, court-appointed special advocates, guardians
ad litem, and members of a multidisciplinary team created by
the department of health and human services for child abuse
investigations assessments. A child protection assistance
team may work cooperatively with the early childhood Iowa area
board established under chapter 256I. The child protection
assistance team shall work with the department of health and
human services in accordance with section 232.71B, subsection
3, in developing the protocols for prioritizing the actions
taken in response to child abuse assessments and for law
enforcement agencies working jointly with the department at
the local level in processes for child abuse assessments. The
department of justice may provide training and other assistance
to support the activities of a child protection assistance
team.
Sec. 1345. Section 915.37, subsection 2, Code 2023, is
amended to read as follows:
2. References in this section to a guardian ad litem shall
be interpreted to include references to a court appointed
special advocate as defined in section 232.2, subsection 10.
Sec. 1346. Section 915.40, subsection 5, Code 2023, is
amended to read as follows:
5. “Department” means the Iowa department of public health
and human services.
Sec. 1347. Section 915.45, subsection 1, Code 2023, is
amended to read as follows:
1. In addition to any other information required to be
released under chapter 229A, prior to the discharge of a person
committed under chapter 229A, the director of health and human
-883-services shall give written notice of the person’s discharge
to any living victim of the person’s activities or crime whose
address is known to the director or, if the victim is deceased,
to the victim’s family, if the family’s address is known.
Failure to notify shall not be a reason for postponement of
discharge. Nothing in this section shall create a cause of
action against the state or an employee of the state acting
within the scope of the employee’s employment as a result of
the failure to notify pursuant to this action.
Sec. 1348. Section 915.46, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The sexual assault forensic examiner program shall
provide didactic and clinical training opportunities consistent
with the sexual assault forensic examiner education guidelines
established by the international association of forensic
nurses, in collaboration with the Iowa department of public
health and human services and the Iowa coalition against sexual
assault, in sufficient numbers and geographical locations
across the state to assist treatment facilities with training
sexual assault examiners and sexual assault nurse examiners.
Sec. 1349. Section 915.46, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. The sexual assault forensic examiner program, in
collaboration with qualified medical providers, the Iowa
department of public health and human services, and the
Iowa coalition against sexual assault, shall create uniform
materials that all treatment facilities and federally
qualified health centers are required to provide to patients
and non-offending parents or legal guardians, if applicable,
regarding medical forensic examination procedures, laws
regarding consent relating to medical forensic services, and
the benefits and risks of evidence collection, including
recommended time frames for evidence collection pursuant
to evidence-based research. These materials shall be made
available on the department of justice’s internet site to all
-884-treatment facilities and federally qualified health centers.
6. The sexual assault forensic examiner program, in
collaboration with qualified medical providers, the Iowa
department of public health and human services, and the Iowa
coalition against sexual assault, shall create and update
statewide sexual assault examiner and sexual assault nurse
examiner protocols, shall provide technical assistance upon
request to health care professionals, and shall provide
expertise on best practices to health care professionals
relating to sexual assault forensic examinations.
Sec. 1350. Section 915.46, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. Members of the advisory committee shall include staff
members of the department of justice managing the sexual
assault forensic examiner program; representatives from the
department of public health and human services as determined
by the director to be appropriate, the Iowa coalition against
sexual assault, the board of nursing, and other constituencies
as determined by the department of justice with an interest in
sexual assault forensic examinations; and the hospital medical
staff person involved with emergency services pursuant to
section 915.82.
Sec. 1351. Section 915.83, subsection 4, Code 2023, is
amended to read as follows:
4. Request from the department of health and human services,
the department of workforce development and its division of
workers’ compensation, the department of public safety, the
county sheriff departments, the municipal police departments,
the county attorneys, or other public authorities or agencies
reasonable assistance or data necessary to administer the crime
victim compensation program.
Sec. 1352. Section 915.84, subsections 4, 5, and 6, Code
2023, are amended to read as follows:
4. Notwithstanding subsection 3, a victim under the age of
eighteen or dependent adult as defined in section 235B.2 who
-885-has been sexually abused or subjected to any other unlawful
sexual conduct under chapter 709 or 726 or who has been
the subject of a forcible felony is not required to report
the crime to the local police department or county sheriff
department to be eligible for compensation if the crime was
allegedly committed upon a child by a person responsible for
the care of a child, as defined in section 232.68, subsection
8, or upon a dependent adult by a caretaker as defined
in section 235B.2, and was reported to an employee of the
department of health and human services and the employee
verifies the report to the department.
5. When immediate or short-term medical services or mental
health services are provided to a victim under section 915.35,
the department of health and human services shall file the
claim for compensation as provided in subsection 4 for the
victim.
6. When immediate or short-term medical services to a victim
are provided pursuant to section 915.35 by a professional
licensed or certified by the state to provide such services,
the professional shall file the claim for compensation,
unless the department of health and human services is required
to file the claim under this section. The requirement to
report the crime to the local police department or county
sheriff department under subsection 3 does not apply to this
subsection.
Sec. 1353. 2020 Iowa Acts, chapter 1064, section 16,
subsection 1, paragraph d, subparagraph (1), is amended to read
as follows:
(1) Any debt, which is assigned to the department of health
and human services, or which is owed to the department of
health and human services for unpaid premiums under section
249A.3, subsection 2, paragraph “a”, subparagraph (1), or
which the child support recovery unit services is otherwise
attempting to collect, or which the foster care recovery unit
services of the department of health and human services is
-886-attempting to collect on behalf of a child receiving foster
care provided by the department of health and human services.
Sec. 1354. 2022 Iowa Acts, chapter 1098, section 92,
subsection 1, is amended by striking the subsection.
Sec. 1355. REPEAL. Chapter 136, Code 2023, is repealed.
Sec. 1356. REPEAL. 2022 Iowa Acts, chapter 1098, section
68, is repealed.
Sec. 1357. REPEAL. Sections 135.2, 135.3, 135.6, 135.7,
135.8, 135.9, 135.10, 216A.2, 217.7, 217.9, 217.10, 217.15,
217.16, 217.17, 218.19, 218.20, 218.40, 218.53, 218.54, 222.6,
227.19, 231.22, and 234.2, Code 2023, are repealed.
Sec. 1358. CODE EDITOR DIRECTIVE. The Code editor is
directed to do all of the following:
1. Make changes in the structure of any Code chapter
including but not limited to chapter titles and subtitles to
correspond with the changes made in this division of this
Act in consultation with the department of health and human
services.
2. Make changes in any Code sections amended or enacted
by any other Act to correspond with the changes made in this
division of this Act if there appears to be no doubt as to
the proper method of making the changes and the changes would
not be contrary to or inconsistent with the purposes of this
division of this Act or any other Act.
3. Correct internal references in the Code and in enacted
legislation as necessary due to the enactment of this division
of this Act.
Sec. 1359. CONTINGENT EFFECTIVE DATE. The following takes
effect on the effective date of the rules adopted by the
department of revenue pursuant to chapter 17A implementing 2020
Iowa Acts, chapter 1064, other than transitional rules:
The section of this division of this Act amending 2020 Iowa
Acts, chapter 1064.
DIVISION II
DEPARTMENT OF ADMINISTRATIVE SERVICES
-887-LIBRARY SERVICES
Sec. 1360. NEW SECTION. 8A.204 State librarian.
1. The director shall appoint the state librarian who
shall administer the duties of the department as it relates to
library services.
2. The state librarian shall do all of the following:
a. Organize, staff, and administer the department as it
relates to library services so as to render the greatest
benefit to libraries in the state.
b. Submit a biennial report to the governor on the
activities and an evaluation of the department as it relates to
library services and its programs and policies.
c. Control all library services-related property of the
department. The state librarian may dispose of, through
sale, conveyance, or exchange, any library materials that
may be obsolete or worn out or that may no longer be needed
or appropriate to the mission of the state library of Iowa.
These materials may be sold by the state library directly or
the library may sell the materials by consignment with an
outside entity. A state library fund is created in the state
treasury. Proceeds from the sale of the library materials
shall be remitted to the treasurer of state and credited to the
state library fund and shall be used for the purchase of books
and other library materials. Notwithstanding section 8.33, any
balance in the fund on June 30 of any fiscal year shall not
revert to the general fund of the state.
d. Perform other duties as assigned by the director or as
imposed by law.
Sec. 1361. Section 256.1, subsection 4, Code 2023, is
amended by striking the subsection.
Sec. 1362. Section 256.7, subsection 17, Code 2023, is
amended by striking the subsection.
Sec. 1363. Section 256.50, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 1364. Section 256.51, subsection 1, unnumbered
-888-paragraph 1, Code 2023, is amended to read as follows:
The division of library services is attached to the
department of education for administrative purposes. The state
librarian shall be responsible for the division’s budgeting
and related management functions in accordance with section
256.52, subsection 3. The division department, as it relates
to library services, shall do all of the following:
Sec. 1365. Section 256.51, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Develop and approve, in consultation with the area
education agency media centers and the commission, a biennial
unified plan of service and service delivery for the division
of library services department.
Sec. 1366. Section 256.51, subsection 1, Code 2023, is
amended by adding the following new paragraph:
NEW PARAGRAPH. m. Provide for the improvement of library
services to all Iowa citizens and foster development and
cooperation among libraries.
Sec. 1367. Section 256.51, subsection 2, Code 2023, is
amended to read as follows:
2. The division department, as it relates to library
services, may do all of the following:
a. Enter into interstate library compacts on behalf of
the state of Iowa with any state which legally joins in the
compacts as provided in section 256.70.
b. Receive and expend money for providing programs and
services. The division department may receive, accept, and
administer any moneys appropriated or granted to it, separate
from the general library fund, by the federal government or by
any other public or private agency.
c. Accept gifts, contributions, bequests, endowments,
or other moneys, including but not limited to the Westgate
endowment fund, for any or all purposes of the division
department as it relates to library services. Interest earned
on moneys accepted under this paragraph shall be credited to
-889-the fund or funds to which the gifts, contributions, bequests,
endowments, or other moneys have been deposited, and is
available for any or all purposes of the division department as
it relates to library services. The division department shall
report annually to the commission and the general assembly
regarding the gifts, contributions, bequests, endowments,
or other moneys accepted pursuant to this paragraph and the
interest earned on them.
Sec. 1368. Section 256.52, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The state commission of libraries consists of one member
appointed by the supreme court, the director of the department
of education, or the director’s designee, and the following
seven members who shall be appointed by the governor to serve
four-year terms beginning and ending as provided in section
69.19.
Sec. 1369. Section 256.52, subsection 3, Code 2023, is
amended by striking the subsection.
Sec. 1370. Section 256.52, subsection 4, Code 2023, is
amended to read as follows:
4. The commission shall adopt rules under chapter 17A for
carrying out the responsibilities of the division department as
it relates to library services duties of the department.
Sec. 1371. Section 256.52, subsection 5, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
5. Advise the department and the state librarian concerning
the library services duties of the department.
Sec. 1372. Section 256.53, Code 2023, is amended to read as
follows:
256.53 State publications.
Upon issuance of a state publication in any format, a
state agency shall provide the division department with
an electronic version of the publication at no cost to the
-890-division department.
Sec. 1373. Section 256.54, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The law library shall be administered by a law librarian
appointed by the state librarian subject to chapter 8A,
subchapter IV, who shall do all of the following:
Sec. 1374. Section 256.55, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A state data center is established in the division
department. The state data center shall be administered by
the state data center coordinator, who shall do all of the
following:
Sec. 1375. Section 256.55, subsection 3, Code 2023, is
amended to read as follows:
3. Perform other duties imposed by law or prescribed by the
commission department.
Sec. 1376. Section 256.57, Code 2023, is amended to read as
follows:
256.57 Enrich Iowa program.
1. An enrich Iowa program is established in the division
department to provide direct state assistance to public
libraries, to support the open access and access plus programs,
to provide public libraries with an incentive to improve
library services that are in compliance with performance
measures, and to reduce inequities among communities in the
delivery of library services based on performance measures
adopted by rule by the commission. The commission shall
adopt rules governing the allocation of funds appropriated by
the general assembly for purposes of this section to provide
direct state assistance to eligible public libraries. A public
library is eligible for funds under this chapter subchapter if
it is in compliance with the commission’s performance measures.
2. The amount of direct state assistance distributed to each
eligible public library shall be based on the following:
a. The level of compliance by the eligible public library
-891-with the performance measures adopted by the commission as
provided in this section.
b. The number of people residing within an eligible
library’s geographic service area for whom the library provides
services.
c. The amount of other funding the eligible public library
received in the previous fiscal year for providing services to
rural residents and to contracting communities.
3. Moneys received by a public library pursuant to this
section shall supplement, not supplant, any other funding
received by the library.
4. For purposes of this section, “eligible public library”
means a public library that meets all of the following
requirements:
a. Submits to the division department all of the following:
(1) The report provided for under section 256.51,
subsection 1, paragraph “h”.
(2) An application and accreditation report, in a format
approved by the commission department, that provides evidence
of the library’s compliance with at least one level of the
standards established in accordance with section 256.51,
subsection 1, paragraph “k”.
(3) Any other application or report the division department
deems necessary for the implementation of the enrich Iowa
program.
b. Participates in the library resource and information
sharing programs established by the state library.
c. Is a public library established by city ordinance or a
library district as provided in chapter 336.
5. Each eligible public library shall maintain a
separate listing within its budget for payments received and
expenditures made pursuant to this section, and shall annually
submit this listing to the division department.
6. By January 15, annually, the division department shall
submit a program evaluation report to the general assembly
-892-and the governor detailing the uses and the impacts of funds
allocated under this section.
7. A public library that receives funds in accordance with
this section shall have an internet use policy in place, which
may or may not include internet filtering. The library shall
submit a report describing the library’s internet use efforts
to the division department.
8. A public library that receives funds in accordance
with this section shall provide open access, the reciprocal
borrowing program, as a service to its patrons, at a
reimbursement rate determined by the state library.
9. Funds appropriated for purposes of this section shall not
be used by the division department for administrative purposes.
Sec. 1377. Section 256.58, Code 2023, is amended to read as
follows:
256.58 Library support network.
1. A library support network is established in the division
department to offer services and programs for libraries,
including but not limited to individualized, locally delivered
consulting and training, and to facilitate resource sharing and
innovation through the use of technology, administer enrich
Iowa programs, advocate for libraries, promote excellence
and innovation in library services, encourage governmental
subdivisions to provide local financial support for local
libraries, and ensure the consistent availability of quality
service to all libraries throughout the state, regardless of
location or size.
2. The organizational structure to deliver library support
network services shall include district offices. The district
offices shall serve as a basis for providing field services
to local libraries in the counties comprising the district.
The division department shall determine which counties are
served by each district office. The number of district offices
established to provide services pursuant to this section shall
be six.
-893- Sec. 1378. Section 256.59, Code 2023, is amended to read as
follows:
256.59 Specialized library services.
The specialized library services unit is established in
the division department to provide information services to
the three branches of state government and to offer focused
information services to the general public in the areas of Iowa
law, Iowa state documents, and Iowa history and culture.
Sec. 1379. Section 256.62, subsections 1, 3, and 4, Code
2023, are amended to read as follows:
1. The state librarian shall convene a library services
advisory panel to advise and recommend to the commission and
the division department evidence-based best practices, to
assist the commission and division department to determine
service priorities and launch programs, articulate the needs
and interests of Iowa librarians, and share research and
professional development information.
3. The library services advisory panel shall meet at least
twice annually and shall submit its recommendations in a report
to the commission department and the state librarian at least
once annually. The report shall be timely submitted to allow
for consideration of the recommendations prior to program
planning and budgeting for the following fiscal year.
4. Members of the library services advisory panel shall
receive actual and necessary expenses incurred in the
performance of their duties. Expenses shall be paid from funds
appropriated to the department for purposes of the division.
Sec. 1380. Section 256.70, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The division of library services of the department of
education is hereby authorized to enter into interstate
library compacts on behalf of the state of Iowa with any state
bordering on Iowa which legally joins therein in substantially
the following form and the contracting states agree that:
Sec. 1381. Section 256.71, Code 2023, is amended to read as
-894-follows:
256.71 Administrator.
The administrator of the division of library services state
librarian shall be the compact administrator. The compact
administrator shall receive copies of all agreements entered
into by the state or its political subdivisions and other
states or political subdivisions; consult with, advise and aid
such governmental units in the formulation of such agreements;
make such recommendations to the governor, legislature,
governmental agencies and units as the administrator deems
desirable to effectuate the purposes of this compact and
consult and cooperate with the compact administrators of other
party states.
Sec. 1382. CODE EDITOR DIRECTIVE — LIBRARY SERVICES.
1. The Code editor is directed to make the following
transfers:
a. Section 256.50 to section 8A.201.
b. Section 256.51 to section 8A.202.
c. Section 256.52 to section 8A.203.
d. Section 256.53 to section 8A.205.
e. Section 256.54 to section 8A.206.
f. Section 256.55 to section 8A.207.
g. Section 256.56 to section 8A.208.
h. Section 256.57 to section 8A.209.
i. Section 256.58 to section 8A.210.
j. Section 256.59 to section 8A.211.
k. Section 256.62 to section 8A.221.
l. Section 256.69 to section 8A.222.
m. Section 256.70 to section 8A.231.
n. Section 256.71 to section 8A.232.
o. Section 256.72 to section 8A.233.
p. Section 256.73 to section 8A.234.
2. The Code editor is directed to rename subchapter II and
designate parts in chapter 8A as follows:
a. Subchapter II shall be entitled “Library Services” and
-895-include sections 8A.201 through 8A.234.
b. Subchapter II, part 1, shall be entitled “General
Provisions” and include sections 8A.201 through 8A.211.
c. Subchapter II, part 2, shall be entitled “Library
Services Advisory Panel and Local Financial Support” and
include sections 8A.221 through 8A.222.
d. Subchapter II, new part 3, shall be entitled “Library
Compact” and include sections 8A.231 through 8A.234.
3. The Code editor may modify subchapter and part titles if
necessary and is directed to correct internal references in the
Code as necessary due to enactment of this section.
STATE RECORDS AND ARCHIVES
Sec. 1383. Section 163.37, subsection 3, Code 2023, is
amended to read as follows:
3. Such records shall be maintained for a length of time as
required by and pursuant to chapter 305 8A, subchapter VI, and
at the point of concentration and shall be made available for
inspection by the department at reasonable times.
Sec. 1384. Section 305.1, Code 2023, is amended to read as
follows:
305.1 Citation.
This chapter subchapter shall be known and may be cited as
the “State Archives and Records Act”.
Sec. 1385. Section 305.2, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this chapter subchapter, unless the context
otherwise requires:
Sec. 1386. Section 305.3, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 1387. Section 305.3, subsection 8, Code 2023, is
amended to read as follows:
8. The director of the department of administrative
services.
Sec. 1388. Section 305.7, Code 2023, is amended to read as
follows:
-896- 305.7 Administration Commission administration.
The department of cultural affairs, through the state
archives and records program, is the primary agency responsible
for providing administrative personnel and services for the
commission.
Sec. 1389. Section 305.8, subsection 1, paragraphs e, f, and
g, Code 2023, are amended to read as follows:
e. Adopt and maintain an interagency records manual
containing the rules governing records management, as well as
records series retention and disposition schedules, guidelines,
and other information relating to implementation of this
chapter subchapter.
f. Make recommendations, in consultation with the department
of administrative services, to the governor and the general
assembly for the continued reduction of printed reports
throughout state government in a manner that protects the
public’s right to access such reports.
g. Provide advice, counsel, and services to the legislative,
judicial, and executive branch agencies subject to this chapter
subchapter on the care and management of state government
records.
Sec. 1390. Section 305.8, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Examine records in the possession, constructive
possession, or control of state agencies to carry out the
purposes of this chapter subchapter.
Sec. 1391. Section 305.9, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of cultural affairs shall do all of the
following as it relates to state records and archives:
Sec. 1392. Section 305.9, subsection 1, paragraphs a and j,
Code 2023, are amended to read as follows:
a. Provide Administer the state archives and records
program and provide administrative support to the state records
commission through the state archives and records program.
-897- j. Provide advice, counsel, and services to the legislative,
judicial, and executive branch agencies subject to this chapter
subchapter on the care and management of state government
records.
Sec. 1393. Section 305.9, subsection 1, paragraph l,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Upon request, the state archivist shall make a certified
copy of any record in the legal custody or in the physical
custody of the state archivist, or a certified transcript of
any record if reproduction is inappropriate because of legal or
physical considerations. If a copy or transcript is properly
authenticated, it has the same legal effect as though certified
by the officer from whose office it was transferred or by the
secretary of state. The department of cultural affairs shall
establish reasonable fees for certified copies or certified
transcripts of records in the legal custody or physical custody
of the state archivist.
Sec. 1394. Section 305.9, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of cultural affairs may do any of the
following as it relates to state records and archives:
Sec. 1395. Section 305.10, subsection 1, paragraphs d and j,
Code 2023, are amended to read as follows:
d. Comply with requests from the state records commission
or the state archives and records program to examine records
in the possession, constructive possession, or control of the
agency in order to carry out the purposes of this chapter
subchapter.
j. Provide for compliance with this chapter subchapter and
the rules adopted by the state records commission.
Sec. 1396. Section 305.14, Code 2023, is amended to read as
follows:
305.14 Liability precluded.
No member of the commission or head of an agency shall
be held liable for damages or loss, or civil or criminal
-898-liability, because of the destruction of public records
pursuant to the provisions of this chapter subchapter or any
other law authorizing their destruction.
Sec. 1397. Section 305.15, Code 2023, is amended to read as
follows:
305.15 Exemptions — duties of state department of
transportation and state board of regents.
The state department of transportation and the agencies and
institutions under the control of the state board of regents
are exempt from the state records manual and the provisions
of this chapter subchapter. However, the state department of
transportation and the state board of regents shall adopt rules
pursuant to chapter 17A for their employees, agencies, and
institutions that are consistent with the objectives of this
chapter subchapter. The rules shall be approved by the state
records commission.
Sec. 1398. Section 305.16, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Membership. The board shall consist of nine members
appointed by the governor for three-year staggered terms.
Members shall be eligible for reappointment. The members shall
have experience in a field of research or an activity that
administers or makes extensive use of historical records. The
majority of the members shall have professional qualifications
and experience in the administration of government records,
historical records, or archives. The administrator of the
historical division of the department of cultural affairs
director shall serve as an ex officio member of the board.
3. Administration. The department of cultural affairs,
through the state archives and records program, is the primary
agency responsible for providing administrative personnel and
services for the board.
Sec. 1399. CODE EDITOR DIRECTIVE — STATE RECORDS AND
ARCHIVES.
1. The Code editor is directed to make the following
-899-transfers:
a. Section 305.1 to section 8A.601.
b. Section 305.2 to section 8A.602.
c. Section 305.3 to section 8A.603.
d. Section 305.4 to section 8A.604.
e. Section 305.5 to section 8A.605.
f. Section 305.6 to section 8A.606.
g. Section 305.7 to section 8A.607.
h. Section 305.8 to section 8A.608.
i. Section 305.9 to section 8A.609.
j. Section 305.10 to section 8A.610.
k. Section 305.11 to section 8A.611.
l. Section 305.12 to section 8A.612.
m. Section 305.13 to section 8A.613.
n. Section 305.14 to section 8A.614.
o. Section 305.15 to section 8A.615.
p. Section 305.16 to section 8A.616.
2.The Code editor is directed to create a new subchapter
VI in chapter 8A as follows:Subchapter VI shall be entitled
“State Records and Archives” and include sections 8A.601
through 8A.616.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
Historical Resources
Sec. 1400. NEW SECTION. 8A.702 Departmental duties —
historical resources.
The duties of the department as it relates to the historical
resources of the state shall include all of the following:
1. Develop a comprehensive, coordinated, and efficient
policy to preserve, research, interpret, and promote to the
public an awareness and understanding of local, state, and
regional history.
2. Administer and care for historical sites under the
authority of the department, and maintain collections within
-900-these buildings.
a. Except for the state board of regents, a state agency
which owns, manages, or administers a historical site must
enter into an agreement with the department under chapter 28E
to ensure the proper management, maintenance, and development
of the site.
b. For the purposes of this section, “historical site”
means any district, site, building, or structure listed on the
national register of historic sites or identified as eligible
for such status by the state historic preservation officer
or that is identified according to established criteria by
the state historic preservation officer as significant in
national, state, and local history, architecture, engineering,
archaeology, or culture.
3. Encourage and assist local, county, and state
organizations and museums devoted to historical purposes.
4. Develop standards and criteria for the acquisition of
historic properties and for the preservation, restoration,
maintenance, operation, and interpretation of properties under
the jurisdiction of the department.
5. Implement tourism-related art and history projects as
directed by the general assembly.
6. Encourage the use of volunteers throughout the
department as it relates to the historical resources of
the state, especially for purposes of restoring books and
manuscripts.
7. Publish matters of historical value to the public.
8. Buy or receive by other means historical materials
including but not limited to artifacts, art, books,
manuscripts, and images. Such materials are not personal
property under sections 8A.321 and 8A.324 and shall be
received and cared for under the rules of the department. The
department may sell or otherwise dispose of those materials
according to the rules of the department and be credited for
any revenues credited by the disposal less the costs incurred.
-901- 9. Administer the historical resource development program
established in section 8A.712.
10. Administer, preserve, and interpret the battle
flag collection assembled by the state in consultation and
coordination with the department of veterans affairs. A
portion of the battle flag collection shall be on display at
the state capitol and the state historical building at all
times, unless on loan approved by the department.
11. Establish, maintain, and administer a digital
collection of historical manuscripts, documents, records,
reports, images, and artifacts and make the collection
available to the public through an online research center.
12. Perform such duties as required under chapter 305B.
Sec. 1401. Section 218.22, Code 2023, is amended to read as
follows:
218.22 Record privileged.
Except with the consent of the administrator in charge
of an institution, or on an order of a court of record, the
record provided in section 218.21 shall be accessible only to
the administrator of the division of the department of human
services in control of such institution, the director of the
department of human services and to assistants and proper
clerks authorized by such administrator or the administrator’s
director. The administrator of the division of such
institution is authorized to permit the division of library
services of the department of education and the historical
division of the department of cultural affairs administrative
services to copy or reproduce by any photographic, photostatic,
microfilm, microcard or other process which accurately
reproduces a durable medium for reproducing the original and
to destroy in the manner described by law such records of
residents designated in section 218.21.
Sec. 1402. Section 303.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state historical society administrator director may:
-902- Sec. 1403. Section 303.5, subsection 1, Code 2023, is
amended to read as follows:
1. Make and sign any agreements and perform any acts which
are necessary, desirable, or proper to carry out the purpose
of the division department as it relates to the historical
resources of the state.
Sec. 1404. Section 303.7, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
303.7 State historical society.
1. As used in this subchapter, “state historical society”
means a membership organization of the department that is open
to members of the general public who are interested in the
history of the state.
2. The state historical society board of trustees shall
recommend to the director rules for membership of the general
public in the state historical society, including rules
relating to membership fees. Members shall be persons who
indicate an interest in the history, progress, and development
of the state and who pay the prescribed fee. The members
of the state historical society may meet at least one time
per year to further the understanding of the history of this
state. The members of the society shall not determine policy
for the department as it relates to the historical resources
of the state but may advise the director and perform functions
to stimulate interest in the history of this state among the
general public. The society may perform other activities
related to history which are not contrary to this subchapter.
3. Unless designated otherwise, an application for
membership in the state historical society, or a gift, bequest,
devise, endowment, or grant to the state historical society or
the department as it relates to the historical resources of the
state shall be presumed to be to or in the department.
4. Notwithstanding section 633.63, the board may enter into
agreements authorizing nonprofit foundations acting solely for
the support of the state historical society or the department
-903-to administer the membership program of the state historical
society and funds of the state historical society or the
department as it relates to the historical resources of the
state.
Sec. 1405. Section 303.8, subsection 1, paragraphs b and c,
Code 2023, are amended to read as follows:
b. Make recommendations to the division administrator
director on historically related matters.
c. Review and recommend to the director or the director’s
designee policy decisions regarding the division department as
it relates to the historical resources of the state.
Sec. 1406. Section 303.8, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 3. The department may:
a. By rule, establish advisory groups necessary for the
receipt of federal funds or grants or the administration of
any of the department’s programs relating to the historical
resources of the state.
b. Develop and implement fee-based educational programming
opportunities, including preschool programs, related to arts,
history, and other cultural matters for Iowans of all ages.
Sec. 1407. Section 303.9, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. All funds received by the department relating to the
historical resources of the state, including but not limited
to gifts, endowments, funds from the sale of memberships in
the state historical society, funds from the sale of mementos
and other items relating to Iowa history as authorized under
subsection 2, interest generated by the life membership
trust fund, and fees, shall be credited to the account of
the department and are appropriated to the department to
be invested or used for programs and purposes under the
authority of the department as it relates to the historical
resources of the state. Interest earned on funds credited to
the department, except funds appropriated to the department
-904-from the general fund of the state, shall be credited to the
department. Section 8.33 does not apply to funds credited to
the department under this section.
3. Notwithstanding section 633.63, the state historical
society board of trustees may authorize nonprofit foundations
acting solely for the support of the state historical society
of Iowa department as it relates to the historical resources of
the state to accept and administer trusts deemed by the board
to be beneficial to the division’s department’s operations
under this subchapter. The board and the foundation may act
as trustees in such instances.
Sec. 1408. Section 303.9A, Code 2023, is amended to read as
follows:
303.9A Iowa heritage fund.
1. An Iowa heritage fund is created in the state treasury
to be administered by the state historical society department.
The fund shall consist of all moneys allocated to the fund by
the treasurer of state.
2. Moneys in the fund shall be used in accordance with the
following:
a. Ninety percent shall be retained by the state historical
society department and used to maintain and expand Iowa’s
history curriculum, to provide teacher training in Iowa
history, and to support museum exhibits, historic sites, and
adult education programs.
b. Five percent shall be retained by the state historical
society department to be used for start-up costs for the one
hundred seventy-fifth and two hundredth anniversaries of Iowa
statehood.
c. Five percent shall be retained by the state historical
society department to be used for the promotion of the sale
of the Iowa heritage registration plate issued under section
321.34.
Sec. 1409. Section 303.10, Code 2023, is amended to read as
follows:
-905- 303.10 Acceptance and use of money grants.
All federal grants to and the federal receipts of the
agencies receiving funds under this chapter subchapter are
appropriated for the purpose set forth in the federal grants
or receipts.
Sec. 1410. Section 303.11, Code 2023, is amended to read as
follows:
303.11 Gifts.
1. The division department may accept gifts and bequests
which shall be used in accordance with the desires of the donor
if expressed. Funds contained in an endowment fund for either
the department of history and archives or the state historical
society existing on July 1, 1974, remain an endowment of the
division department. Gifts shall be accepted only on behalf
of the division department, and gifts to a part, branch, or
section of the division department are presumed to be gifts to
the division department.
2. If publication of a book is financed by the endowment
fund, this chapter subchapter does not prevent the return of
moneys from sales of the book to the endowment fund.
Sec. 1411. Section 303.16, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The historical division department shall administer a
program of grants and loans for historical resource development
throughout the state, subject to funds for such grants and
loans being made available through the appropriations process
or otherwise provided by law.
2. The purpose of the historical resource development
program is to preserve, conserve, interpret, and enhance
historical resources that will encourage and support the
economic and cultural health and development of the state and
the communities in which the resources are located. For this
purpose, the division department may make grants and loans as
otherwise provided by law with funds as may be made available
by applicable law.
-906- Sec. 1412. Section 303.16, subsection 6, paragraphs b, f,
and g, Code 2023, are amended to read as follows:
b. A portion of the applicant’s operating expenses may
be used as a cash match or in-kind match as specified by the
division’s department’s rules.
f. Grants under this program may be given only after review
and recommendation by the state historical society board of
trustees. The division department may contract with lending
institutions chartered in this state to act as agents for the
administration of loans under the program, in which case, the
lending institution may have the right of final approval of
loans, subject to the division’s department’s administrative
rules. If the division department does not contract with
a lending institution, loans may be made only after review
and recommendation by the state historical society board of
trustees.
g. The division department shall not award grants or loans
to be used for goods or services obtained outside the state,
unless the proposed recipient demonstrates that it is neither
feasible nor prudent to obtain the goods or services within the
state.
Sec. 1413. Section 303.16, subsections 8 and 9, Code 2023,
are amended to read as follows:
8. The division department may use ten percent of the annual
appropriation allocation to the division historical resource
grant and loan fund established in this section pursuant
to section 455A.19, but in no event more than seventy-five
thousand dollars, for administration of the grant and loan
program.
9. a. (1) The division department may establish a
historical resource grant and loan fund composed of any
money appropriated by the general assembly for that purpose,
funds allocated pursuant to section 455A.19, and of any other
moneys available to and obtained or accepted by the division
department from the federal government or private sources for
-907-placement in that fund. Each loan made under this section
shall be for a period not to exceed ten years, shall bear
interest at a rate determined by the state historical board,
and shall be repayable to the revolving loan fund in equal
yearly installments due March 1 of each year the loan is in
effect. The interest rate upon loans for which payment is
delinquent shall accelerate immediately to the current legal
usury limit. Applicants are eligible for not more than one
hundred thousand dollars in loans outstanding at any time under
this program. A single lending institution contracting with
the division department pursuant to this section shall not hold
more than five hundred thousand dollars worth of outstanding
loans under the program.
(2) Any applicant, who is otherwise eligible, who receives
a direct or indirect appropriation from the general assembly
for a project or portion of a project is ineligible for a
historical resources development grant for that same project
during the fiscal year for which the appropriation is made.
For purposes of this paragraph, “project” includes any related
activities, including but not limited to construction,
restoration, supplies, equipment, consulting, or other
services.
b. The division department may:
(1) Contract and adopt administrative rules necessary to
carry out the provisions of this section, but the division
department shall not in any manner directly or indirectly
pledge the credit of the state of Iowa.
(2) Authorize payment from the historical resource grant
and loan fund, from fees and from any income received by
investments of money in the fund for costs, commissions,
attorney fees and other reasonable expenses related to
and necessary for making and protecting direct loans under
this section, and for the recovery of moneys loaned or the
management of property acquired in connection with such loans.
Sec. 1414. Section 303.16, subsection 10, paragraph b, Code
-908-2023, is amended to read as follows:
b. A country schools historical resource preservation
grant program is therefore established to be administered by
the historical division department for the preservation of
one-room and two-room buildings once used as country schools.
In developing grant approval criteria, the division department
shall place a priority on the educational uses planned for the
country school building, which may include, but are not limited
to, historical interpretation and use as a teaching museum or
as an operational classroom accessible to a school district
or accredited nonpublic school for provisional instructional
purposes.
Sec. 1415. Section 305B.5, Code 2023, is amended to read as
follows:
305B.5 Notice of injury or loss.
A museum shall give a lender or claimant prompt notice of
any known injury to or loss of property on loan on a form for
notice of injury loss adopted by rule by the department of
administrative services. The department of cultural affairs
shall adopt by rule a form for notice of injury or loss, no
later than January 1, 1989, and shall distribute the rule
and form to all identified museums in Iowa within sixty days
after adoption of the rule. The notice shall be mailed to the
lender’s or claimant’s last known address in event of injury
or loss of property on loan to the museum. Published notice of
injury or loss of undocumented property shall not be required.
Sec. 1416. Section 305B.8, subsection 3, Code 2023, is
amended to read as follows:
3. The department of cultural affairs administrative
services shall adopt by rule a form for notice of intent to
preserve an interest in property on loan to a museum. The
form shall satisfy the requirements of subsection 1 and shall
notify the claimant of the rights and procedures to preserve an
interest in museum property. The form shall also facilitate
recordkeeping and record retrieval by a museum. At a minimum
-909-the form shall provide a place for recording evidence of
receipt of a notice by a museum, including the date of receipt,
signature of the person receiving the notice, and the date on
which a copy of the receipt is returned to the claimant.
Sec. 1417. Section 305B.11, subsection 2, Code 2023, is
amended to read as follows:
2. The department of cultural affairs administrative
services may by rule determine the minimum form and substance
of recordkeeping by museums with regard to museum property to
implement this chapter.
Sec. 1418. Section 321.34, subsection 25, paragraph b, Code
2023, is amended to read as follows:
b. An owner referred to in subsection 12, upon written
application to the department, may order special registration
plates with a civil war sesquicentennial processed emblem. The
special plate fees collected by the director under subsection
12, paragraphs “a” and “c”, from the issuance and annual
validation of letter-number designated and personalized civil
war sesquicentennial plates shall be paid monthly to the
treasurer of state and deposited in the road use tax fund. The
treasurer of state shall transfer monthly from the statutory
allocations fund created under section 321.145, subsection 2,
to the department of cultural affairs administrative services
the amount of the special fees collected under subsection
12, paragraph “a”, in the previous month for civil war
sesquicentennial plates, and such funds are appropriated to the
department of cultural affairs administrative services to be
used for the Iowa battle flag project.
Sec. 1419. Section 423.3, subsection 34, Code 2023, is
amended to read as follows:
34. The sales price from sales of mementos and other items
relating to Iowa history and historic sites by the department
of cultural affairs administrative services on the premises of
property under its control and at the state capitol.
Sec. 1420. Section 427.16, subsection 7, paragraph b, Code
-910-2023, is amended to read as follows:
b. A historical site as defined in section 303.2 8A.702.
Sec. 1421. Section 455A.19, subsection 1, paragraph f, Code
2023, is amended to read as follows:
f. Five percent shall be allocated to the historical
resource grant and loan fund established pursuant to section
303.16. The department of cultural affairs administrative
services shall use the moneys allocated to this fund to
implement historical resource development programs as provided
under section 303.16.
Sec. 1422. Section 904.601, subsection 1, Code 2023, is
amended to read as follows:
1. The director shall keep the following record
of every person committed to any of the department’s
institutions: Name, residence, sex, age, place of birth,
occupation, civil condition, date of entrance or commitment,
date of discharge, whether a discharge is final, condition of
the person when discharged, the name of the institutions from
which and to which the person has been transferred, and if the
person is dead, the date and cause of death. The director may
permit the division of library services of the department of
education and the historical division of the department of
cultural affairs administrative services to copy or reproduce
by any photographic, photostatic, microfilm, microcard, or
other process which accurately reproduces in a durable medium
and to destroy in the manner described by law the records of
inmates required by this paragraph.
Sec. 1423. 2012 Iowa Acts, chapter 1136, section 27,
subsection 1, is amended to read as follows:
1. A battle flag restoration fund is created and established
as a separate and distinct fund in the state treasury under the
control of the department of cultural affairs administrative
services. The moneys in the fund are appropriated to the
department for purposes of continuing the project recommended
by the Iowa battle flag advisory committee to stabilize the
-911-condition of the battle flag collection. Moneys in the fund
shall not be subject to appropriation for any other purpose by
the general assembly, but shall be used only for the purposes
of the battle flag restoration fund.
Sec. 1424. CODE EDITOR DIRECTIVE — HISTORICAL RESOURCES.
1. The Code editor is directed to make the following
transfers:
a. Section 303.4 to section 8A.703.
b. Section 303.5 to section 8A.704.
c. Section 303.6 to section 8A.705.
d. Section 303.7 to section 8A.706.
e. Section 303.8 to section 8A.707.
f. Section 303.9 to section 8A.708.
g. Section 303.9A to section 8A.709.
h. Section 303.10 to section 8A.710.
i. Section 303.11 to section 8A.711.
j. Section 303.16 to section 8A.712.
2.The Code editor is directed to create a new subchapter
VII in chapter 8A as follows:Subchapter VII shall be entitled
“Historical Resources” and include sections 8A.702 through
8A.712.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
DIVISION III
DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
organization — general provisions
Sec. 1425. Section 7E.5, subsection 1, paragraphs d and h,
Code 2023, are amended to read as follows:
d. The department of inspections, and appeals, and
licensing, created in section 10A.102, which has primary
responsibility for licensing, administering the laws
relating to employment safety, labor standards, and workers’
compensation, and coordinating the conducting of various
inspections, investigations, appeals, hearings, and audits.
-912- h. The department of workforce development, created
in section 84A.1, which has primary responsibility for
administering the laws relating to unemployment compensation
insurance, job placement and training, employment safety, labor
standards, workers’ compensation, and related matters.
Sec. 1426. Section 10A.101, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Department” means the department of inspections, and
appeals, and licensing.
3. “Director” means the director of inspections, and
appeals, and licensing.
Sec. 1427. Section 10A.102, Code 2023, is amended to read
as follows:
10A.102 Department established.
The department of inspections, and appeals, and licensing is
established. The director of the department shall be appointed
by the governor to serve at the pleasure of the governor
subject to confirmation by the senate no less frequently than
every four years, whether or not there has been a new director
appointed during that time. If the office becomes vacant, the
vacancy shall be filled in the same manner as provided for the
original appointment.
Sec. 1428. Section 10A.103, Code 2023, is amended to read
as follows:
10A.103 Purpose of the department.
The department is created for the purpose of coordinating
and conducting various audits, appeals, hearings, inspections,
and investigations, and licensing activities related to the
operations of the executive branch of state government, and
administering the laws relating to employment safety, labor
standards, and workers’ compensation.
Sec. 1429. Section 10A.104, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. Appoint the administrators of the divisions within
the department and all other personnel deemed necessary for
-913-the administration of this chapter, except the state public
defender, assistant state public defenders, administrator
of the racing and gaming commission, labor commissioner,
workers’ compensation commissioner, director of the Iowa
state civil rights commission, and members of the employment
appeal board, and administrator of the child advocacy board
created in section 237.16. All persons appointed and employed
in the department are covered by the provisions of chapter
8A, subchapter IV, but persons not appointed by the director
are exempt from the merit system provisions of chapter 8A,
subchapter IV.
5. Adopt Except for rules required or authorized by law
to be adopted by another entity, adopt rules deemed necessary
for the implementation and administration of this chapter in
accordance with chapter 17A.
Sec. 1430. Section 10A.104, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 15. To adopt rules, in consultation with
the state fire marshal, designating a fee to be assessed
to each building, structure, or facility for which a fire
safety inspection or plan review is required by law. The fee
designated by rule shall be set in an amount that is reasonably
related to the costs of conducting the applicable inspection
or plan review. The fees collected shall be deposited in the
general fund of the state.
NEW SUBSECTION. 16. Serve as the state building code
commissioner pursuant to section 103A.4 and administer chapters
101, 101A, 101B, 103, 103A, 104A, 104B, and 105.
NEW SUBSECTION. 17. Establish, publish, and enforce
rules not inconsistent with law for the enforcement of those
provisions of Title IV, subtitle 2, the administration and
supervision of which are imposed upon the department.
NEW SUBSECTION. 18. Enforce the law relative to
“Health-related Professions”, Title IV, subtitle 3, excluding
chapter 147A.
-914- NEW SUBSECTION. 19. Regulate and supervise real estate
appraisers under chapter 543D and real estate appraisal
management companies under chapter 543E.
Sec. 1431. Section 10A.106, Code 2023, is amended to read
as follows:
10A.106 Divisions of the department.
1. The department is comprised of the following divisions:
a. Administrative administrative hearings division.
b. Investigations, labor services division.
c. Health facilities, workers’ compensation division, and
other divisions as appropriate.
2. The allocation of departmental duties to the divisions of
the department in sections 10A.402, 10A.702, sections 10A.202,
10A.301, and 10A.801 does not prohibit the director from
reallocating departmental duties within the department.
Sec. 1432. NEW SECTION. 10A.109 Statutory board,
commission, committee, or council — teleconference option.
Any statutorily established board, commission, committee,
or council established under the purview of the department
relative to “Health-related Professions”, Title IV, subtitle
3, excluding chapter 147A, shall provide for a teleconference
option for board, commission, committee, or council members to
participate in official meetings.
Sec. 1433. Section 10A.402, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director shall coordinate the division’s
department’s conduct of various audits and investigations as
provided by law including but not limited to the following:
Sec. 1434. Section 10A.403, Code 2023, is amended to read
as follows:
10A.403 Investigators — peace officer status.
Investigators of the division department shall have the
powers and authority of peace officers when acting within the
scope of their responsibilities to conduct investigations as
specified in section 10A.402, subsection 5. An investigator
-915-shall not carry a weapon to perform responsibilities as
described in this section.
Sec. 1435. Section 10A.601, subsection 1, Code 2023, is
amended to read as follows:
1. A full-time employment appeal board is created within the
department of inspections, and appeals, and licensing, to hear
and decide contested cases under chapter 8A, subchapter IV, and
chapters 80, 88, 91C, 96, and 97B.
Sec. 1436. Section 10A.702, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director shall coordinate the division’s
department’s conduct of various inspections and investigations
as otherwise provided by law including, but not limited to, all
of the following:
Sec. 1437. Section 10A.702, subsection 2, Code 2023, is
amended to read as follows:
2. Inspections and other licensing procedures relative to
the hospice program, hospitals, and health care facilities.
The division department is designated as the sole licensing
authority for these programs and facilities.
Sec. 1438. Section 10A.801, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
For purposes of this article subchapter, unless the context
otherwise requires:
Sec. 1439. Section 10A.801, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. “Division” means the administrative hearings division of
the department of inspections, and appeals, and licensing.
Sec. 1440. Section 84A.1, subsection 3, Code 2023, is
amended to read as follows:
3. a. The director of the department of workforce
development shall, subject to the requirements of section
84A.1B, prepare, administer, and control the budget of the
department and its divisions and shall approve the employment
of all personnel of the department and its divisions.
-916- b. The director of the department of workforce development
shall direct the administrative and compliance functions and
control the docket of the division of workers’ compensation.
Sec. 1441. Section 84A.5, subsections 4 and 5, Code 2023,
are amended by striking the subsections.
Sec. 1442. REPEAL. Sections 10A.401 and 10A.701, Code 2023,
are repealed.
Sec. 1443. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 135.61 to section 10A.711.
b. Section 135.62 to section 10A.712.
c. Section 135.63 to section 10A.713.
d. Section 135.64 to section 10A.714.
e. Section 135.65 to section 10A.715.
f. Section 135.66 to section 10A.716.
g. Section 135.67 to section 10A.717.
h. Section 135.68 to section 10A.718.
i. Section 135.69 to section 10A.719.
j. Section 135.70 to section 10A.720.
k. Section 135.71 to section 10A.721.
l. Section 135.72 to section 10A.722.
m. Section 135.73 to section 10A.723.
n. Section 135.74 to section 10A.724.
o. Section 135.75 to section 10A.725.
p. Section 135.76 to section 10A.726.
q. Section 135.78 to section 10A.727.
r. Section 135.79 to section 10A.728.
s. Section 135.83 to section 10A.729.
2. The Code editor is directed to rename and retitle article
I of chapter 10A as follows:
Subchapter I GENERAL PROVISIONS
3. The Code editor is directed to rename and retitle article
IV of chapter 10A as follows:
Subchapter IV INVESTIGATIONS
-917- 4. The Code editor is directed to rename article VI of
chapter 10A as subchapter VI.
5. The Code editor is directed to rename and retitle article
VII of chapter 10A and designate parts as follows:
a. Subchapter VII shall be entitled HEALTH FACILITIES and
include sections 10A.702 through 10A.729.
b. Subchapter VII, part 1, shall be entitled GENERAL
PROVISIONS and include section 10A.702.
c. Subchapter VII, part 2, shall be entitled HEALTH
FACILITIES COUNCIL and include sections 10A.711 through
10A.729.
6. The Code editor is directed to rename article VIII of
chapter 10A as subchapter VIII.
7. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
LABOR SERVICES
Sec. 1444. NEW SECTION. 10A.200 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Commissioner” means the labor commissioner appointed
pursuant to section 10A.203, or the commissioner’s designee.
2. “Division” means the division of labor services of the
department of inspections, appeals, and licensing.
Sec. 1445. NEW SECTION. 10A.202 Labor services —
responsibilities.
1. The division is responsible for the administration of
the laws of this state under chapters 88 and 89B and sections
85.67A and 85.68, and such other duties assigned to the
division or commissioner. The executive head of the division
is the commissioner, appointed pursuant to section 10A.203.
2. The department is responsible for the administration of
the laws of this state under chapters 88A, 88B, 89, 89A, 90A,
91A, 91C, 91D, 91E, 92, and such other labor-services duties
assigned to the department or director.
-918- Sec. 1446. Section 73A.21, subsection 1, paragraphs a and b,
Code 2023, are amended by striking the paragraphs.
Sec. 1447. Section 73A.21, subsections 5, 6, 8, and 9, Code
2023, are amended to read as follows:
5. The commissioner director and the division department
shall administer and enforce this section, and the commissioner
director shall adopt rules for the administration and
enforcement of this section as provided in section 91.6.
6. The commissioner director shall have the following
powers and duties for the purposes of this section:
a. The commissioner director may hold hearings and
investigate charges of violations of this section.
b. The commissioner director may, consistent with due
process of law, enter any place of employment to inspect
records concerning labor force residency, to question
an employer or employee, and to investigate such facts,
conditions, or matters as are deemed appropriate in determining
whether any person has violated the provisions of this section.
The commissioner director shall only make such an entry in
response to a written complaint.
c. The commissioner director shall develop a written
complaint form applicable to this section and make it available
in division department offices and on the department of
workforce development’s department’s internet site.
d. The commissioner director may sue for injunctive relief
against the awarding of a contract, the undertaking of a public
improvement, or the continuation of a public improvement in
response to a violation of this section.
e. The commissioner director may investigate and ascertain
the residency of a worker engaged in any public improvement in
this state.
f. The commissioner director may administer oaths, take
or cause to be taken deposition of witnesses, and require
by subpoena the attendance and testimony of witnesses and
the production of all books, registers, payrolls, and other
-919-evidence relevant to a matter under investigation or hearing.
g. The commissioner director may employ qualified personnel
as are necessary for the enforcement of this section. Such
personnel shall be employed pursuant to the merit system
provisions of chapter 8A, subchapter IV.
h. The commissioner director shall require a contractor or
subcontractor to file, within ten days of receipt of a request,
any records enumerated in subsection 7. If the contractor or
subcontractor fails to provide the requested records within ten
days, the commissioner director may direct, within fifteen days
after the end of the ten-day period, the fiscal or financial
office charged with the custody and disbursement of funds of
the public body that contracted for construction of the public
improvement or undertook the public improvement, to immediately
withhold from payment to the contractor or subcontractor
up to twenty-five percent of the amount to be paid to the
contractor or subcontractor under the terms of the contract
or written instrument under which the public improvement is
being performed. The amount withheld shall be immediately
released upon receipt by the public body of a notice from
the commissioner indicating that the request for records as
required by this section has been satisfied.
8. Any person or entity that violates the provisions of
this section is subject to a civil penalty in an amount not
to exceed one thousand dollars for each violation found in
a first investigation by the division department, not to
exceed five thousand dollars for each violation found in a
second investigation by the division department, and not to
exceed fifteen thousand dollars for a third or subsequent
violation found in any subsequent investigation by the division
department. Each violation of this section for each worker and
for each day the violation continues constitutes a separate and
distinct violation. In determining the amount of the penalty,
the division department shall consider the appropriateness of
the penalty to the person or entity charged, upon determination
-920-of the gravity of the violations. The collection of these
penalties shall be enforced in a civil action brought by the
attorney general on behalf of the division department.
9. A party seeking review of the division’s department’s
determination pursuant to this section may file a written
request for an informal conference. The request must be
received by the division department within fifteen days
after the date of issuance of the division’s department’s
determination. During the conference, the party seeking
review may present written or oral information and arguments
as to why the division’s department’s determination should be
amended or vacated. The division department shall consider
the information and arguments presented and issue a written
decision advising all parties of the outcome of the conference.
Sec. 1448. Section 91.2, Code 2023, is amended to read as
follows:
91.2 Appointment Labor commissioner — appointment.
The governor shall appoint, subject to confirmation by the
senate, a labor commissioner who shall serve for a period of
six years beginning and ending as provided in section 69.19 at
the pleasure of the governor. If the office becomes vacant,
the vacancy shall be filled in the same manner as provided for
the original appointment.
Sec. 1449. Section 91.4, Code 2023, is amended to read as
follows:
91.4 Duties and powers — labor services.
1. The duties of said the commissioner or director, as
applicable, pursuant to this subchapter shall be as follows:
a. To safely keep all records, papers, documents,
correspondence, and other property pertaining to or coming into
the commissioner’s or director’s hands by virtue of the office,
and deliver the same to the commissioner’s or director’s
successor, except as otherwise provided.
b. To collect, assort, and systematize statistical details
relating to programs of the division of labor services or
-921-department under this subchapter.
c. To issue from time to time bulletins containing
information of importance to the industries of the state and
to the safety of wage earners.
d. To conduct and to cooperate with other interested persons
and organizations in conducting educational programs and
projects on employment safety.
e. 2. To The commissioner shall serve as an ex officio
member of the state fire service and emergency response council
created in section 100B.1, or shall appoint a designee to serve
as an ex officio member of such council, to assist the council
in the development of rules relating to fire fighting training
standards and any other issues relating to occupational safety
and health standards for fire fighters.
2. 3. The director of the department of workforce
development, in consultation with the labor commissioner,
shall, at the time provided by law, make an annual report to
the governor setting forth in appropriate form the business and
expense of the division of labor services and department under
this subchapter for the preceding year, the number of remedial
actions taken under chapter 89A, the number of disputes or
violations processed by the division or department and the
disposition of the disputes or violations, and other matters
pertaining to the division or department under this subchapter
which are of public interest, together with recommendations for
change or amendment of the laws in this chapter and chapters
88, 88A, 88B, 89, 89A, 89B, 90A, 91A, 91C, 91D, 91E, and
92, and 94A, and section sections 85.67A, and 85.68, and the
recommendations, if any, shall be transmitted by the governor
to the first general assembly in session after the report is
filed.
3. 4. The commissioner or director, as applicable, with the
assistance of the office of the attorney general if requested
by the commissioner or director, may commence a civil action
in any court of competent jurisdiction to enforce the statutes
-922-under the commissioner’s or director’s jurisdiction under this
subchapter.
4. 5. The division of labor services or department, as
applicable, may sell documents printed by the division or
department as it relates to this subchapter at cost according
to rules established by the labor commissioner or director
pursuant to chapter 17A. Receipts from the sale shall be
deposited to the credit of the division department and may
be used by the division for administrative expenses of the
division and department under this subchapter.
5. 6. Except as provided in chapter 91A, the commissioner
or director, as applicable, may recover interest, court costs,
and any attorney fees incurred in recovering any amounts due
under this subchapter. The recovery shall only take place
after final agency action is taken under chapter 17A, or upon
judicial review, after final disposition of the case by the
court. Attorney fees recovered in an action brought under
the jurisdiction of the commissioner or director under this
subchapter shall be deposited in the general fund of the state.
The commissioner is and director are exempt from the payment of
any filing fee or other court costs including but not limited
to fees paid to county sheriffs.
6. 7. The commissioner or director may establish rules
pursuant to chapter 17A to assess and collect interest on fees,
penalties, and other amounts due the division or department,
as applicable, under this subchapter. The commissioner or
director may delay or, following written notice, deny the
issuance of a license, commission, registration, certificate,
or permit authorized under chapter 88A, 89, 89A, 90A, or
91C, or 94A if the applicant for the license, commission,
registration, certificate, or permit owes a liquidated debt to
the commissioner or director.
Sec. 1450. Section 91.5, Code 2023, is amended to read as
follows:
91.5 Other duties — jurisdiction in general.
-923- The As provided by this subchapter, the commissioner
or director shall have jurisdiction and it shall be the
commissioner’s or director’s duty to supervise the enforcement
of:
1. All laws relating to safety appliances and inspection
thereof and health conditions in manufacturing and mercantile
establishments, workshops, machine shops, other industrial
concerns within the commissioner’s jurisdiction and sanitation
and shelter for railway employees.
2. All laws of the state relating to child labor.
3. All laws relating to employment agencies.
4. Such other provisions of law as are now or shall
hereafter be relating to this subchapter within the
commissioner’s or director’s jurisdiction.
Sec. 1451. Section 91.6, Code 2023, is amended to read as
follows:
91.6 Rules Labor commissioner — rules.
The commissioner shall adopt rules pursuant to chapter 17A
for the purpose of administering this chapter and all other
chapters under the commissioner’s jurisdiction as provided in
section 10A.202, subsection 1.
Sec. 1452. Section 91.8, Code 2023, is amended to read as
follows:
91.8 Traveling expenses.
The director, commissioner, inspectors, and other employees
of the office division or department shall be allowed their
necessary traveling expenses while in the discharge of their
duties under this subchapter.
Sec. 1453. Section 91.9, Code 2023, is amended to read as
follows:
91.9 Right to enter premises.
The labor director, commissioner, and the inspectors shall
have the power to enter any factory or mill, workshop, mine,
store, railway facility, including locomotive or caboose,
business house, or public or private work, when the same is
-924-open or in operation, for the purpose of gathering facts and
statistics such as are contemplated by this chapter subchapter,
and to examine into the methods of protection from danger to
employees, and the sanitary conditions in and around such
buildings and places, and make a record thereof.
Sec. 1454. Section 91.10, Code 2023, is amended to read as
follows:
91.10 Power to secure evidence.
The labor director or commissioner, or the commissioner’s
designee as applicable, may issue subpoenas, administer
oaths, and take testimony in all matters relating to the
duties required of them the director or commissioner under
this subchapter. Witnesses subpoenaed and testifying before
the director or commissioner or the commissioner’s designee
shall be paid the same fees as witnesses under section 622.69,
payment to be made out of the funds appropriated to the
department or division of labor services, as applicable.
Sec. 1455. Section 91.11, Code 2023, is amended to read as
follows:
91.11 Prosecutions for violations — labor services.
1. If the director or commissioner learns of any violation
of any law administered by the department or division under
this subchapter, the director or commissioner may give the
county attorney of the county in which the violation occurred
written notice of the facts, whereupon that officer shall
institute the proper proceedings against the person charged
with the offense.
2. If the director or commissioner is of the opinion
that the violation is not willful, or is an oversight or of
a trivial nature, the director or commissioner may at the
director’s or commissioner’s discretion fix a time within
which the violation shall be corrected and notify the owner,
operator, superintendent, or person in charge. If the
violation is corrected within the time fixed, then the director
or commissioner shall not cause prosecution to be begun.
-925- Sec. 1456. Section 91.15, Code 2023, is amended to read as
follows:
91.15 Definition of additional terms.
The expressions “factory”, “mill”, “workshop”, “mine”,
“store”, “railway”, “business house”, and “public or private
work”, as used in this chapter subchapter, shall be construed
to mean any factory, mill, workshop, mine, store, railway,
business house, or public or private work, where wage earners
are employed for a compensation.
Sec. 1457. Section 91.16, Code 2023, is amended to read as
follows:
91.16 Violations — penalties.
Persons violating any of the provisions of this chapter
subchapter shall be punished as in this section provided,
respectively:
1. Any owner, superintendent, manager, or person in charge
of any factory, mill, workshop, store, mine, hotel, restaurant,
cafe, railway, business house, or public or private work, who
shall refuse to allow the labor director, commissioner, or any
inspector or employee of the department or division of labor
services to enter the same, or who shall hinder or deter the
director, commissioner, inspector, or employee in collecting
information which it is that person’s duty to collect shall be
guilty of a simple misdemeanor.
2. Any officer or employee of the department or division
of labor services, or any person making unlawful use of names
or information obtained under this subchapter by virtue of the
person’s office, shall be guilty of a serious misdemeanor.
3. Any owner, operator, or manager of a factory, mill,
workshop, mine, store, railway, business house, or public or
private work, who shall neglect or refuse for thirty days
after receipt of notice from the director or commissioner to
furnish any reports or returns the director or commissioner may
require to enable the director or commissioner to discharge the
director’s or commissioner’s duties under this subchapter shall
-926-be guilty of a simple misdemeanor.
Sec. 1458. REPEAL. Section 91.1, Code 2023, is repealed.
Sec. 1459. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 91.2 to section 10A.203.
b. Section 91.4 to section 10A.204.
c. Section 91.5 to section 10A.205.
d. Section 91.6 to section 10A.206.
e. Section 91.8 to section 10A.207.
f. Section 91.9 to section 10A.208.
g. Section 91.10 to section 10A.209.
h. Section 91.11 to section 10A.210.
i. Section 91.15 to section 10A.201.
j. Section 91.16 to section 10A.211.
k. Section 73A.21 to section 8A.311B.
2.The Code editor is directed to rename article II in
chapter 10A as follows:
Article II shall be subchapter II and shall be entitled
“Labor Services” and include sections 10A.200 through 10A.211.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
WORKERS’ COMPENSATION
Sec. 1460. NEW SECTION. 10A.301 Definitions.
As used in this subchapter, unless the context otherwise
requires:
1. “Commissioner” means the workers’ compensation
commissioner appointed pursuant to section 86.1, or the
commissioner’s designee.
2. “Division” means the division of workers’ compensation of
the department of inspections, appeals, and licensing.
Sec. 1461. NEW SECTION. 10A.302 Workers’ compensation —
responsibilities.
The division is responsible for the administration of the
-927-laws of this state relating to workers’ compensation under this
subchapter and chapters 85, 85A, 85B, and 87. The executive
head of the division is the workers’ compensation commissioner,
appointed pursuant to section 86.1.
Sec. 1462. Section 86.1, Code 2023, is amended to read as
follows:
86.1 Workers’ compensation commissioner — term appointment.
The governor shall appoint, subject to confirmation by the
senate, a workers’ compensation commissioner whose term of
office who shall be six years beginning and ending as provided
in section 69.19 serve at the pleasure of the governor. The
workers’ compensation commissioner shall maintain an office
at the seat of government. If the office becomes vacant, the
vacancy shall be filled in the same manner as provided for the
original appointment. The workers’ compensation commissioner
must be a lawyer admitted to practice in this state.
Sec. 1463. Section 86.7, Code 2023, is amended to read as
follows:
86.7 Interest in affected business.
It shall be unlawful for the commissioner to be financially
interested in any business enterprise coming under or affected
by this chapter subchapter during the commissioner’s term of
office, and if the commissioner violates this statute, it shall
be sufficient grounds for removal from office, and in such
case the governor shall at once declare the office vacant and
appoint another to fill the vacancy.
Sec. 1464. Section 86.8, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Adopt and enforce rules necessary to implement this
chapter subchapter and chapters 85, 85A, 85B, and 87.
Sec. 1465. Section 86.9, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. The director of the department of workforce development,
in consultation with the commissioner, shall, at the time
provided by law, make an annual report to the governor setting
-928-forth in appropriate form the business and expense of the
division of workers’ compensation for the preceding year, the
number of claims processed by the division and the disposition
of the claims, and other matters pertaining to the division
which are of public interest, together with recommendations
for change or amendment of the laws in this chapter subchapter
and chapters 85, 85A, 85B, and 87, and the recommendations, if
any, shall be transmitted by the governor to the first general
assembly in session after the report is filed.
2. The commissioner, after consultation with the director
of the department of workforce development, may compile an
annual report setting forth the final decisions, rulings, and
orders of the division for the preceding year and setting forth
other matters or information which the commissioner considers
desirable for publication.
Sec. 1466. Section 86.13, subsection 1, Code 2023, is
amended to read as follows:
1. If an employer or insurance carrier pays weekly
compensation benefits to an employee, the employer or insurance
carrier shall file with the workers’ compensation commissioner
in the form and manner required by the workers’ compensation
commissioner a notice of the commencement of the payments.
The payments establish conclusively that the employer and
insurance carrier have notice of the injury for which benefits
are claimed but the payments do not constitute an admission of
liability under this chapter subchapter or chapter 85, 85A, or
85B.
Sec. 1467. Section 86.13, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. If a denial, a delay in payment, or a termination of
benefits occurs without reasonable or probable cause or excuse
known to the employer or insurance carrier at the time of
the denial, delay in payment, or termination of benefits,
the workers’ compensation commissioner shall award benefits
in addition to those benefits payable under this chapter
-929- subchapter, or chapter 85, 85A, or 85B, up to fifty percent of
the amount of benefits that were denied, delayed, or terminated
without reasonable or probable cause or excuse.
Sec. 1468. Section 86.17, Code 2023, is amended to read as
follows:
86.17 Hearings — presiding officer — venue.
1. Notwithstanding the provisions of section 17A.11,
the workers’ compensation commissioner or a deputy workers’
compensation commissioner shall preside over any contested case
proceeding brought under this chapter subchapter, or chapter
85, 85A, or 85B in the manner provided by chapter 17A. The
deputy commissioner or the commissioner may make such inquiries
in contested case proceedings as shall be deemed necessary, so
long as such inquiries do not violate any of the provisions of
section 17A.17.
2. Hearings in contested case proceedings under this
subchapter and chapters 85, and 85A and this chapter shall be
held in the judicial district where the injury occurred. By
written stipulation of the parties or by the order of a deputy
workers’ compensation commissioner or the commissioner, a
hearing may be held elsewhere. If the injury occurred outside
this state, or if the proceeding is not one for benefits
resulting from an injury, hearings shall be held in Polk county
or as otherwise stipulated by the parties or by order of a
deputy workers’ compensation commissioner or the workers’
compensation commissioner.
Sec. 1469. Section 86.18, subsection 1, Code 2023, is
amended to read as follows:
1. Evidence, process and procedure in contested case
proceedings or appeal proceedings within the agency under this
chapter, subchapter and chapters 85 and 85A shall be as summary
as practicable consistent with the requirements of chapter 17A.
Sec. 1470. Section 86.19, subsection 1, Code 2023, is
amended to read as follows:
1. The workers’ compensation commissioner, or a deputy
-930-commissioner, may appoint or may direct a party to furnish at
the party’s initial expense a certified shorthand reporter
to be present and report, or to furnish mechanical means
to record, and if necessary, transcribe proceedings of any
contested case under this chapter, subchapter and chapters 85
and 85A and fix the reasonable amount of compensation for such
service. The charges shall be taxed as costs and the party
initially paying the expense of the presence or transcription
shall be reimbursed. The reporter shall faithfully and
accurately report the proceedings.
Sec. 1471. Section 86.24, subsection 1, Code 2023, is
amended to read as follows:
1. Any party aggrieved by a decision, order, ruling, finding
or other act of a deputy commissioner in a contested case
proceeding arising under this chapter subchapter or chapter 85
or 85A may appeal to the workers’ compensation commissioner
in the time and manner provided by rule. The hearing on an
appeal shall be in Polk county unless the workers’ compensation
commissioner shall direct the hearing be held elsewhere.
Sec. 1472. Section 86.26, subsection 1, Code 2023, is
amended to read as follows:
1. Judicial review of decisions or orders of the workers’
compensation commissioner may be sought in accordance
with chapter 17A. Notwithstanding chapter 17A, the Iowa
administrative procedure Act, petitions for judicial review
may be filed in the district court of the county in which the
hearing under section 86.17 was held, the workers’ compensation
commissioner shall transmit to the reviewing court the original
or a certified copy of the entire record of the contested case
which is the subject of the petition within thirty days after
receiving written notice from the party filing the petition
that a petition for judicial review has been filed, and an
application for stay of agency action during the pendency of
judicial review shall not be filed in the division of workers’
compensation of the department of workforce development
-931- but shall be filed with the district court. Such a review
proceeding shall be accorded priority over other matters
pending before the district court.
Sec. 1473. Section 86.29, Code 2023, is amended to read as
follows:
86.29 The judicial review petition.
Notwithstanding chapter 17A, the Iowa administrative
procedure Act, in a petition for judicial review of a decision
of the workers’ compensation commissioner in a contested case
under this chapter subchapter or chapter 85, 85A, 85B, or 87,
the opposing party shall be named the respondent, and the
agency shall not be named as a respondent.
Sec. 1474. Section 86.39, Code 2023, is amended to read as
follows:
86.39 Fees — approval.
1. All fees or claims for legal, medical, hospital, and
burial services rendered under this chapter subchapter and
chapters 85, 85A, 85B, and 87 are subject to the approval of
the workers’ compensation commissioner. For services rendered
in the district court and appellate courts, the attorney fee is
subject to the approval of a judge of the district court.
2. An attorney shall not recover fees for legal services
based on the amount of compensation voluntarily paid or agreed
to be paid to an employee for temporary or permanent disability
under this chapter subchapter, or chapter 85, 85A, 85B, or
87. An attorney shall only recover a fee based on the amount
of compensation that the attorney demonstrates would not have
been paid to the employee but for the efforts of the attorney.
Any disputes over the recovery of attorney fees under this
subsection shall be resolved by the workers’ compensation
commissioner.
Sec. 1475. Section 86.43, Code 2023, is amended to read as
follows:
86.43 Judgment — modification.
Upon the presentation to the court of a file-stamped copy
-932-of a decision of the workers’ compensation commissioner,
ending, diminishing, or increasing the compensation under the
provisions of this chapter subchapter, the court shall revoke
or modify the decree or judgment to conform to such decision.
Sec. 1476. Section 86.44, Code 2023, is amended to read as
follows:
86.44 Confidentiality.
1. All verbal or written information relating to the subject
matter of an agreement and transmitted between any party to
a dispute and a mediator to resolve a dispute pursuant to
this chapter subchapter or chapter 85, 85A, or 85B, during
any stage of a mediation or a dispute resolution process
conducted by a mediator as provided in this section, whether
reflected in notes, memoranda, or other work products in the
case files, is a confidential communication except as otherwise
expressly provided in this chapter. Mediators involved in
a mediation or a dispute resolution process shall not be
examined in any judicial or administrative proceeding regarding
confidential communications and are not subject to judicial or
administrative process requiring the disclosure of confidential
communications.
2. For purposes of this section, “mediator” means a chief
deputy workers’ compensation commissioner or deputy workers’
compensation commissioner acting in the capacity to resolve a
dispute pursuant to this chapter subchapter or chapter 85, 85A,
or 85B, or an employee of the division of workers’ compensation
involved during any stage of a process to resolve a dispute.
Sec. 1477. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 86.1 to section 10A.303.
b. Section 86.2 to section 10A.304.
c. Section 86.3 to section 10A.305.
d. Section 86.4 to section 10A.306.
e. Section 86.5 to section 10A.307.
-933- f. Section 86.6 to section 10A.308.
g. Section 86.7 to section 10A.309.
h. Section 86.8 to section 10A.310.
i. Section 86.9 to section 10A.311.
j. Section 86.10 to section 10A.312.
k. Section 86.11 to section 10A.313.
l. Section 86.12 to section 10A.314.
m. Section 86.13 to section 10A.315.
n. Section 86.13A to section 10A.316.
o. Section 86.14 to section 10A.317.
p. Section 86.17 to section 10A.318.
q. Section 86.18 to section 10A.319.
r. Section 86.19 to section 10A.320.
s. Section 86.24 to section 10A.321.
t. Section 86.26 to section 10A.322.
u. Section 86.27 to section 10A.323.
v. Section 86.29 to section 10A.324.
w. Section 86.32 to section 10A.325.
x. Section 86.38 to section 10A.326.
y. Section 86.39 to section 10A.327.
z. Section 86.40 to section 10A.328.
aa. Section 86.41 to section 10A.329.
ab. Section 86.42 to section 10A.330.
ac. Section 86.43 to section 10A.331.
ad. Section 86.44 to section 10A.332.
ae. Section 86.45 to section 10A.333.
2.The Code editor is directed to rename article III in
chapter 10A as follows:
Article III shall be subchapter III and shall be entitled
“Workers’ Compensation” and include sections 10A.301 through
10A.333.
3. The Code editor may modify subchapter titles if necessary
and is directed to correct internal references in the Code as
necessary due to enactment of this section.
LICENSING AND REGULATION ACTIVITIES
-934- Sec. 1478. NEW SECTION. 10A.502 Responsibilities.
The director shall coordinate the department’s conduct of
various licensing and regulatory functions of the state under
the administrative authority of the department including but
not limited to all of the following:
1. Licensing and regulation of certain fire control and
building code-related activities and professions.
2. Licensing and regulation of certain health-related
professions.
3. Licensing and regulation of certain business and
commerce-related professions.
Sec. 1479. NEW SECTION. 10A.511 Fire control duties.
The duties of the director as it relates to fire control
shall be as follows:
1. To enforce all laws, and the rules and regulations of the
department concerned with all of the following:
a. The prevention of fires.
b. The storage, transportation, handling, and use of
flammable liquids, combustibles, fireworks, and explosives.
c. The storage, transportation, handling, and use of liquid
petroleum gas.
d. The electric wiring and heating, and adequate means of
exit in case of fire, from churches, schools, hotels, theaters,
amphitheaters, asylums, hospitals, health care facilities as
defined in section 135C.1, college buildings, lodge halls,
public meeting places, and all other structures in which
persons congregate from time to time, whether publicly or
privately owned.
2. To promote fire safety and reduction of loss by fire
through educational methods.
3. To promulgate fire safety rules in consultation with the
state fire marshal. The director shall have exclusive right
to promulgate fire safety rules as they apply to enforcement
or inspection requirements by the department, but the rules
shall be promulgated pursuant to chapter 17A. Wherever by
-935-any statute the director or the department is authorized
or required to promulgate, proclaim, or amend rules and
minimum standards regarding fire hazards or fire safety or
protection in any establishment, building, or structure, the
rules and standards shall promote and enforce fire safety,
fire protection, and the elimination of fire hazards as the
rules may relate to the use, occupancy, and construction
of the buildings, establishments, or structures. The word
“construction” shall include but is not limited to electrical
wiring, plumbing, heating, lighting, ventilation, construction
materials, entrances and exits, and all other physical
conditions of the building which may affect fire hazards,
safety, or protection. The rules and minimum standards shall
be in substantial compliance except as otherwise specifically
provided in this chapter, with the standards of the national
fire protection association relating to fire safety as
published in the national fire codes.
4. To adopt rules designating a fee to be assessed to
each building, structure, or facility for which a fire safety
inspection or plan review by the director is required by law.
The fee designated by rule shall be set in an amount that is
reasonably related to the costs of conducting the applicable
inspection or plan review. The fees collected by the
department shall be deposited in the general fund of the state.
5. To administer the fire extinguishing system contractor,
alarm system contractor, and alarm system installer
certification program established in chapter 100C.
6. To order the suspension of the use of consumer fireworks,
display fireworks, or novelties, as described in section 727.2,
if the state fire marshal determines that the use of such
devices would constitute a threat to public safety.
Sec. 1480. NEW SECTION. 10A.512 Inspections.
The director, and the director’s designated subordinates,
in the performance of their duties under this part, shall have
authority to enter any building or premises and to examine the
-936-same and the contents thereof.
Sec. 1481. NEW SECTION. 10A.533 Enforcement.
1. If any local board, as defined in section 135.1, shall
fail to enforce the rules of the department under this part or
carry out the department’s lawful directions under this part,
the department may enforce the same within the territorial
jurisdiction of such local board, and for that purpose it may
exercise all of the powers given by statute to the local board,
and may employ the necessary assistants to carry out its lawful
directions.
2. All expenses incurred by the department in determining
whether its rules are enforced by a local board under this
part, and in enforcing the same when a local board has failed
to do so, shall be paid in the same manner as the expenses of
enforcing such rules when enforced by the local board.
3. All peace officers of the state when called upon by the
department shall enforce the department’s rules under this part
and execute the lawful orders of the department under this part
within their respective jurisdictions.
Sec. 1482. NEW SECTION. 10A.534 Penalties.
1. Any person who knowingly violates any provision of this
part, or of the rules of the department under this part, or
any lawful order, written or oral, of the department or of its
officers, or authorized agents under this part, shall be guilty
of a simple misdemeanor.
2. Any person resisting or interfering with the department,
its employees, or authorized agents, in the discharge of any
duty imposed by law under this part shall be guilty of a simple
misdemeanor.
Sec. 1483. Section 12.83, Code 2023, is amended to read as
follows:
12.83 School infrastructure fund moneys — state fire marshal
allocation to department of inspections, appeals, and licensing.
During the term of the school infrastructure program
established in section 292.2, up to fifty thousand dollars
-937-of the moneys deposited each fiscal year in the school
infrastructure fund shall be allocated each fiscal year to the
department of public safety inspections, appeals, and licensing
for the use of the state fire marshal department. The funds
shall be used by the state fire marshal department solely
for the purpose of retaining an architect or architectural
firm to evaluate structures for which school infrastructure
program grant applications are made, to consult with school
district representatives, to review construction drawings and
blueprints, and to perform related duties at the direction of
the state fire marshal department to ensure the best possible
use of moneys received by a school district under the school
infrastructure program. The state fire marshal department
shall provide for the review of plans, drawings, and blueprints
in a timely manner.
Sec. 1484. Section 72.5, subsection 2, Code 2023, is amended
to read as follows:
2. The director of the economic development authority,
in consultation with the department of management, and the
state building code commissioner, and state fire marshal, shall
develop standards and methods to evaluate design development
documents and construction documents based upon life cycle cost
factors to facilitate fair and uniform comparisons between
design proposals and informed decision making by public bodies.
Sec. 1485. Section 88A.11, subsection 2, Code 2023, is
amended to read as follows:
2. A concession booth, amusement device or ride which is
owned and operated by a nonprofit religious, educational or
charitable institution or association if such booth, device or
ride is located within a building subject to inspection by the
state fire marshal director or by any political subdivisions
of the state under its building, fire, electrical, and related
public safety ordinances.
Sec. 1486. Section 100.1, subsections 3, 4, 5, 6, and 7,
Code 2023, are amended by striking the subsections.
-938- Sec. 1487. Section 100.1, subsection 8, Code 2023, is
amended to read as follows:
8. To recommend to the director of the department of
inspections, appeals, and licensing, that the director order
the suspension of the use of consumer fireworks, display
fireworks, or novelties, as described in section 727.2, if the
fire marshal determines that the use of such devices would
constitute a threat to public safety.
Sec. 1488. Section 100.11, Code 2023, is amended to read as
follows:
100.11 Fire escapes.
It shall be the duty of the fire marshal director to enforce
all laws relating to fire escapes.
Sec. 1489. Section 100.12, Code 2023, is amended to read as
follows:
100.12 Authority for inspection — orders.
The chief of a fire department or an authorized subordinate
who is trained in fire prevention safety standards may enter
a building or premises at a reasonable hour to examine the
building or premises and its contents. The examining official
shall order the correction of a condition which is in violation
of this chapter, a rule adopted under this chapter, or a
city or county fire safety ordinance. The order shall be
in writing or, if the danger is imminent, orally followed by
a written order. The examining official shall enforce the
order in accordance with the applicable law or ordinance. At
the request of the examining official the state fire marshal
director may assist in an enforcement action.
Sec. 1490. Section 100.13, Code 2023, is amended to read as
follows:
100.13 Violations — orders.
1. If a person has violated or is violating a provision of
this chapter or a rule adopted pursuant to this chapter, the
state fire marshal director, the chief of any fire department,
or the fire prevention officer of a fire department organized
-939-under chapter 400 may issue an order directing the person to
desist in the practice which constitutes the violation and
to take corrective action as necessary to ensure that the
violation will cease. The order shall be in writing and shall
specify a reasonable time by which the person shall comply
with the order. The person to whom the order is issued may
appeal the order as provided in chapter 17A. On appeal,
the administrative law judge may affirm, modify, or vacate
the order. Judicial review may be sought in accordance with
chapter 17A.
2. Notwithstanding any other provision of law to the
contrary, if the state fire marshal director determines that
an emergency exists respecting any matter affecting or likely
to affect the public safety, the fire marshal director may
issue any order necessary to terminate the emergency without
notice or hearing. An emergency order is binding and effective
immediately, until or unless the order is modified, vacated, or
stayed at an administrative hearing or by a district court.
Sec. 1491. Section 100.14, Code 2023, is amended to read as
follows:
100.14 Legal proceedings — penalties — injunctive relief.
At the request of the state fire marshal director, the
county attorney shall institute any legal proceedings on behalf
of the state necessary to obtain compliance or enforce the
penalty provisions of this chapter or rules or orders adopted
or issued pursuant to this chapter, including, but not limited
to, a legal action for injunctive relief. The county attorney
or any other attorney acting on behalf of the chief of a fire
department or a fire prevention officer may institute legal
proceedings, including, but not limited to, a legal action for
injunctive relief, to obtain compliance or enforce the penalty
provisions or orders issued pursuant to section 100.13.
Sec. 1492. Section 100.16, Code 2023, is amended to read as
follows:
100.16 Judicial review — court costs.
-940- 1. Judicial review of actions of the fire marshal director
may be sought in accordance with the terms of the Iowa
administrative procedure Act pursuant to chapter 17A. If
legal proceedings have been instituted pursuant to section
100.14, all related issues which could otherwise be raised in
a proceeding for judicial review shall be raised in the legal
proceedings instituted pursuant to section 100.14.
2. Upon judicial review of the fire marshal’s director’s
action, if the court affirms the agency action, the court
shall tax all court costs of the review proceeding against the
appellant. However, if the court reverses, revokes, or annuls
the fire marshal’s director’s action, the court shall tax all
court costs of the review proceeding against the agency. If
the fire marshal’s director’s action is modified or the matter
is remanded to the agency for further proceedings, the court
shall apportion the court costs within the discretion of the
court.
Sec. 1493. Section 100.18, subsections 2, 3, 4, 5, 6, and 7,
Code 2023, are amended to read as follows:
2. a. Except as provided in subsection 4, multiple-unit
residential buildings and single-family dwellings the
construction of which is begun on or after July 1, 1991, shall
include the installation of smoke detectors in compliance with
the rules established by the state fire marshal director under
subsection 5.
b. The rules shall require the installation of smoke
detectors in existing single-family rental units and
multiple-unit residential buildings. Existing single-family
dwelling units shall be equipped with approved smoke detectors.
A person who files for a homestead credit pursuant to chapter
425 shall certify that the single-family dwelling unit for
which the credit is filed has a smoke detector installed in
compliance with this section, or that one will be installed
within thirty days of the date the filing for the credit is
made. The state fire marshal director shall adopt rules and
-941-establish appropriate procedures to administer this subsection.
c. An owner or an owner’s agent of a multiple-unit
residential building or single-family dwelling shall supply
light-emitting smoke detectors, upon request, for a tenant who
is deaf or hard of hearing.
3. a. Multiple-unit residential buildings and single-family
dwellings, the construction of which is begun on or after
July 1, 2018, and that have a fuel-fired heater or appliance,
a fireplace, or an attached garage, shall include the
installation of carbon monoxide alarms in compliance with the
rules established by the state fire marshal director under
subsection 5.
b. The rules shall require the installation of carbon
monoxide alarms in existing single-family rental units and
multiple-unit residential buildings that have a fuel-fired
heater or appliance, a fireplace, or an attached garage.
Existing single-family dwellings that have a fuel-fired heater
or appliance, a fireplace, or an attached garage shall be
equipped with approved carbon monoxide alarms. For purposes
of this paragraph, “approved carbon monoxide alarm” means a
carbon monoxide alarm that meets the standards established by
the underwriters’ laboratories or is approved by the state fire
marshal director as established by rule under subsection 5. A
person who files for a homestead credit pursuant to chapter 425
shall certify that the single-family dwelling for which the
credit is filed and that has a fuel-fired heater or appliance,
a fireplace, or an attached garage, has carbon monoxide alarms
installed in compliance with this section, or that such alarms
will be installed within thirty days of the date the filing
for the credit is made. The state fire marshal director shall
adopt rules and establish appropriate procedures to administer
this subsection.
c. An owner of a multiple-unit residential building or
a single-family rental unit that has a fuel-fired heater or
appliance, a fireplace, or an attached garage, or an owner’s
-942-agent, shall supply light-emitting carbon monoxide alarms, upon
request, for a tenant who is deaf or hard of hearing.
d. The owner of a building requiring the installation of
carbon monoxide alarms under this subsection shall install
a carbon monoxide alarm in a location as specified by rules
established by the state fire marshal director under subsection
5, taking into account the number and location of all fuel
sources in the building.
4. This section does not require the following:
a. The installation of smoke detectors in multiple-unit
residential buildings which, on July 1, 1981, are equipped
with heat detection devices or a sprinkler system with alarms
approved by the state fire marshal director.
b. The installation of smoke detectors in hotels, motels,
and dormitories equipped with an automatic smoke detection
system approved by the state fire marshal director.
5. The state fire marshal director shall enforce the
requirements of subsections 2 and 3 and may implement a program
of inspections to monitor compliance with the provisions of
those subsections. Upon inspection, the state fire marshal
director shall issue a written notice to the owner or manager
of a multiple-unit residential building or single-family
rental unit informing the owner or manager of compliance or
noncompliance with this section. The state fire marshal
director may contract with any political subdivision without
fee assessed to either the state fire marshal director or the
political subdivision, for the performance of the inspection
and notification responsibilities. The inspections authorized
under this section are limited to the placement, repair, and
operability of smoke detectors and carbon monoxide alarms. Any
broader inspection authority is not derived from this section.
The state fire marshal director shall adopt rules under chapter
17A as necessary to enforce this section including rules
concerning the placement of smoke detectors and carbon monoxide
alarms and the use of acceptable smoke detectors and carbon
-943-monoxide alarms. The smoke detectors and carbon monoxide
alarms shall display a label or other identification issued
by an approved testing agency or another label specifically
approved by the state fire marshal director.
6. The inspection of a building or notification of
compliance or noncompliance under this section is not the basis
for a legal cause of action against the political subdivision,
state fire marshal director, the fire marshal’s director’s
subordinates, chiefs of local fire departments, building
inspectors, or other fire, building, or safety officials due
to a failure to discover a latent defect in the course of the
inspection.
7. If a smoke detector or carbon monoxide alarm is found
to be inoperable, the owner or manager of the multiple-unit
residential building or single-family rental unit shall correct
the situation within thirty days after written notification
to the owner or manager by the tenant, guest, roomer, state
fire marshal director, fire marshal’s director’s subordinates,
chiefs of local fire departments, building inspectors, or other
fire, building, or safety officials. If the owner or manager
of a multiple-unit residential building or single-family rental
unit fails to correct the situation within the thirty days
the tenant, guest, or roomer may cause the smoke detector or
carbon monoxide alarm to be repaired or purchase and install
a smoke detector or carbon monoxide alarm required under this
section and may deduct the repair cost or purchase price from
the next rental payment or payments made by the tenant, guest,
or roomer. However, a lessor or owner may require a lessee,
tenant, guest, or roomer who has a residency of longer than
thirty days to provide the battery for a battery operated smoke
detector or carbon monoxide alarm.
Sec. 1494. Section 100.19, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The state fire marshal director shall establish a
consumer fireworks seller license. An application for a
-944-consumer fireworks seller license shall be made on a form
provided by the state fire marshal director. The state fire
marshal director shall adopt rules consistent with this section
establishing minimum requirements for a retailer or community
group to be issued a consumer fireworks seller license.
Sec. 1495. Section 100.19, subsection 3, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The state fire marshal director shall establish a fee
schedule for consumer fireworks seller licenses as follows:
Sec. 1496. Section 100.19, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The state fire marshal director shall adopt rules to:
Sec. 1497. Section 100.19, subsections 6, 7, and 8, Code
2023, are amended to read as follows:
6. a. The state fire marshal director shall adopt rules to
provide that a person’s consumer fireworks seller license may
be revoked for the intentional violation of this section. The
proceedings for revocation shall be held before the division of
the state fire marshal department, which may revoke the license
or licenses involved as provided in paragraph “b”.
b. (1) If, upon the hearing of the order to show cause, the
division of the state fire marshal department finds that the
licensee intentionally violated this section, then the license
or licenses under which the licensed retailer or community
group sells first-class consumer fireworks or second-class
consumer fireworks, shall be revoked.
(2) Judicial review of actions of the division of the state
fire marshal department may be sought in accordance with the
terms of the Iowa administrative procedure Act, chapter 17A.
If the licensee has not filed a petition for judicial review
in district court, revocation shall date from the thirty-first
day following the date of the order of the division of the
state fire marshal department. If the licensee has filed a
petition for judicial review, revocation shall date from the
-945-thirty-first day following entry of the order of the district
court, if action by the district court is adverse to the
licensee.
(3) A new license shall not be issued to a person whose
license has been revoked, or to the business in control of the
premises on which the violation occurred if it is established
that the owner of the business had actual knowledge of the
violation resulting in the license revocation, for the period
of one year following the date of revocation.
7. a. A consumer fireworks fee fund is created in the
state treasury under the control of the state fire marshal
director. Notwithstanding section 12C.7, interest or earnings
on moneys in the consumer fireworks fee fund shall be credited
to the consumer fireworks fee fund. Moneys in the fund are
appropriated to the state fire marshal director to be used to
fulfill the responsibilities of the state fire marshal director
for the administration and enforcement of this section and
section 100.19A and to provide grants pursuant to paragraph “b”.
The fund shall include the fees collected by the state fire
marshal director under the fee schedule established pursuant to
subsection 3 and the fees collected by the state fire marshal
director under section 100.19A for wholesaler registration.
b. The state fire marshal director shall establish a local
fire protection and emergency medical service providers grant
program to provide grants in the following order of priority:
(1) Local fire protection service providers and local
emergency medical service providers to establish or provide
fireworks safety education programming to members of the
public, and for the purchase of necessary enforcement,
protection, or emergency response equipment related to the sale
and use of consumer fireworks in this state.
(2) Local volunteer fire protection service providers for
the purchase of necessary enforcement, protection, or emergency
response equipment.
8. The state fire marshal director shall adopt rules for the
-946-administration of this section.
Sec. 1498. Section 100.19A, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The state fire marshal director shall adopt rules to
require all wholesalers to annually register with the state
fire marshal director. The state fire marshal director
may also adopt rules to regulate the storage or transfer of
consumer fireworks by wholesalers and to require wholesalers
to maintain insurance.
3. The state fire marshal director shall establish an
annual registration fee of one thousand dollars for wholesalers
of consumer fireworks within the state. Registration fees
collected pursuant to this section shall be deposited in the
consumer fireworks fee fund created in section 100.19.
Sec. 1499. Section 100.31, Code 2023, is amended to read as
follows:
100.31 Fire and tornado drills in schools — warning systems
— inspections.
1. It shall be the duty of the state fire marshal director
and the fire marshal’s director’s designated subordinates to
require all private and public school officials and teachers to
conduct not less than four fire drills and not less than four
tornado drills in all school buildings during each school year
when school is in session; and to require the officials and
teachers of all schools to keep all doors and exits of their
respective rooms and buildings unlocked when occupied during
school hours or when such areas are being used by the public at
other times. Not less than two drills of each type shall be
conducted between July 1 and December 31 of each year and not
less than two drills of each type shall be conducted between
January 1 and June 30 of each year.
2. Every school building with two or more classrooms
shall have a warning system for fires of a type approved by
the underwriters’ laboratories and by the state fire marshal
director. The warning system shall be used only for fire
-947-drills or as a warning for emergency. Schools may modify
the fire warning system for use as a tornado warning system
or shall install a separate tornado warning system. Every
school building shall also be equipped with portable fire
extinguishers, with the type, size and number in accordance
with national fire protection association standards and
approved by the state fire marshal director.
3. The state fire marshal director or the fire marshal’s
director’s deputies shall cause each public or private school,
college, or university to be inspected at least once every two
years to determine whether each school meets the fire safety
standards of this Code and is free from other fire hazards.
Provided, however, that cities which employ fire department
inspectors shall cause such inspections to be made.
Sec. 1500. Section 100.35, Code 2023, is amended to read as
follows:
100.35 Rules of marshal director — penalties.
1. The fire marshal director shall adopt, and may amend
rules under chapter 17A, which include standards relating
to exits and exit lights, fire escapes, fire protection,
fire safety and the elimination of fire hazards, in and for
churches, schools, hotels, theaters, amphitheaters, hospitals,
health care facilities as defined in section 135C.1, boarding
homes or housing, rest homes, dormitories, college buildings,
lodge halls, club rooms, public meeting places, places of
amusement, apartment buildings, food establishments as defined
in section 137F.1, and all other buildings or structures in
which persons congregate from time to time, whether publicly
or privately owned. Violation of a rule adopted by the fire
marshal director is a simple misdemeanor. However, upon
proof that the fire marshal director gave written notice to
the defendant of the violation, and proof that the violation
constituted a clear and present danger to life, and proof that
the defendant failed to eliminate the condition giving rise
to the violation within thirty days after receipt of notice
-948-from the fire marshal director, the penalty is that provided
by law for a serious misdemeanor. Each day of the continuing
violation of a rule after conviction of a violation of the rule
is a separate offense. A conviction is subject to appeal as in
other criminal cases.
2. Rules by the fire marshal director affecting the
construction of new buildings, additions to buildings or
rehabilitation of existing buildings and related to fire
protection, shall be substantially in accord with the
provisions of the nationally recognized building and related
codes adopted as the state building code pursuant to section
103A.7 or with codes adopted by a local subdivision which are
in substantial accord with the codes comprising the state
building code.
3. The rules adopted by the state fire marshal director
under this section shall provide standards for fire resistance
of cellulose insulation sold or used in this state, whether for
public or private use. The rules shall provide for approval of
the cellulose insulation by at least one nationally recognized
independent testing laboratory.
Sec. 1501. Section 100.38, Code 2023, is amended to read as
follows:
100.38 Conflicting statutes.
Provisions of this chapter part in conflict with the state
building code, as adopted pursuant to section 103A.7, shall not
apply where the state building code has been adopted or when
the state building code applies throughout the state.
Sec. 1502. Section 100.39, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. All buildings approved for construction after July 1,
1998, that exceed four stories in height, or seventy-five feet
above grade, shall require the installation of an approved
automatic fire extinguishing system designed and installed in
conformity with rules promulgated by the state fire marshal
director pursuant to this chapter part.
-949- 2. The requirements of this section shall not apply to the
following:
a. Any noncombustible elevator storage structure or any
noncombustible plant building with noncombustible contents.
b. Any combustible elevator storage structure that is
equipped with an approved drypipe, nonautomatic sprinkler and
automatic alarm system.
c. Buildings in existence or under construction on August
15, 1975. However, if subsequent to that date any building is
enlarged or altered beyond the height limitations applicable to
new buildings, such building in its entirety shall be subject
to all the provisions of this section.
d. Any open parking garage structure which is in compliance
with rules adopted by the state fire marshal director.
3. Plans and installation of systems shall be approved by
the state fire marshal director, a designee of the state fire
marshal director, or local authorities having jurisdiction.
Except where local fire protection regulations are more
stringent, the provisions of this section shall be applicable
to all buildings, whether privately or publicly owned. The
definition of terms shall be in conformity, insofar as
possible, with definitions found in the state building code
adopted pursuant to section 103A.7.
Sec. 1503. Section 100.41, Code 2023, is amended to read as
follows:
100.41 Authority to cite violations.
Fire officials acting under the authority of this chapter
part may issue citations in accordance with chapter 805, for
violations of this chapter part or a violation of a local fire
safety code.
Sec. 1504. Section 100C.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 8A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 8B. “Director” means the director of
-950-the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1505. Section 100C.1, subsection 14, Code 2023, is
amended to read as follows:
14. “Responsible managing employee” means one of the
following:
a. An owner, partner, officer, or manager employed full-time
by a fire extinguishing system contractor who is certified
by the national institute for certification in engineering
technologies at a level three in fire protection technology,
automatic sprinkler system layout, or another certification in
automatic sprinkler system layout recognized by rules adopted
by the fire marshal director pursuant to section 100C.7 or who
meets any other criteria established by rule.
b. An owner, partner, officer, or manager employed full-time
by an alarm system contractor who is certified by the national
institute for certification in engineering technologies in fire
alarm systems or security systems at a level established by the
fire marshal director by rule or who meets any other criteria
established by rule under this chapter. The rules may provide
for separate endorsements for fire alarm systems, security
alarm systems, and nurse call systems and may require separate
qualifications for each.
Sec. 1506. Section 100C.2, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. An employee or subcontractor of a certified alarm system
contractor who is an alarm system installer, and who is not
licensed pursuant to chapter 103 shall obtain and maintain
certification as an alarm system installer and shall meet and
maintain qualifications established by the state fire marshal
director by rule.
Sec. 1507. Section 100C.3, subsections 1, 3, and 5, Code
2023, are amended to read as follows:
1. A fire extinguishing system contractor, an alarm system
contractor, or an alarm system installer shall apply for a
-951-certificate on a form prescribed by the state fire marshal
director. The application shall be accompanied by a fee in an
amount prescribed by rule pursuant to section 100C.7 and shall
include all of the following information, as applicable:
a. The name, address, and telephone number of the contractor
or installer and, in the case of an installer, the name and
certification number of the contractor by whom the installer is
employed, including all legal and fictitious names.
b. Proof of insurance coverage required by section 100C.4.
c. The name and qualifications of the person designated as
the contractor’s responsible managing employee and of persons
designated as alternate responsible managing employees.
d. Any other information deemed necessary by the state fire
marshal director.
3. Upon receipt of a completed application and prescribed
fees, if the contractor or installer meets all requirements
established by this chapter, the state fire marshal director
shall issue a certificate to the contractor or installer within
thirty days.
5. Any change in the information provided in the application
shall be promptly reported to the state fire marshal director.
When the employment of a responsible managing employee is
terminated, the contractor shall notify the state fire marshal
director within thirty days after termination.
Sec. 1508. Section 100C.4, Code 2023, is amended to read as
follows:
100C.4 Insurance.
1. A fire extinguishing system contractor shall maintain
general and complete operations liability insurance for
the layout, installation, repair, alteration, addition,
maintenance, and inspection of automatic fire extinguishing
systems in an amount determined by the state fire marshal
director by rule.
2. An alarm system contractor shall maintain general
and complete operations liability insurance for the layout,
-952-installation, repair, alteration, addition, maintenance, and
inspection of alarm systems in an amount determined by the
state fire marshal director by rule.
Sec. 1509. Section 100C.5, Code 2023, is amended to read as
follows:
100C.5 Suspension and revocation.
1. The state fire marshal director shall suspend or revoke
the certificate of any contractor or installer who fails to
maintain compliance with the conditions necessary to obtain a
certificate. A certificate may also be suspended or revoked
if any of the following occur:
a. The employment or relationship of a responsible managing
employee with a contractor is terminated, unless the contractor
has included a qualified alternate on the application or an
application designating a new responsible managing employee is
filed with the state fire marshal director within six months
after the termination.
b. The contractor or installer fails to comply with any
provision of this chapter.
c. The contractor or installer fails to comply with any
other applicable codes and ordinances.
2. If a certificate is suspended pursuant to this section,
the certificate shall not be reinstated until the condition or
conditions which led to the suspension have been corrected.
3. The state fire marshal director shall adopt rules
pursuant to section 100C.7 for the acceptance and processing
of complaints against certificate holders, for procedures to
suspend and revoke certificates, and for appeals of decisions
to suspend or revoke certificates.
Sec. 1510. Section 100C.7, Code 2023, is amended to read as
follows:
100C.7 Administration — rules.
The state fire marshal director shall administer this
chapter and, after consultation with the fire extinguishing
system contractors and alarm systems advisory board, shall
-953-adopt rules pursuant to chapter 17A necessary for the
administration and enforcement of this chapter.
Sec. 1511. Section 100C.8, subsection 2, Code 2023, is
amended to read as follows:
2. The state fire marshal director may impose a civil
penalty of up to five hundred dollars on any person who
violates any provision of this chapter for each day a violation
continues. The state fire marshal director may adopt rules
necessary to enforce and collect any penalties imposed pursuant
to this chapter.
Sec. 1512. Section 100C.9, Code 2023, is amended to read as
follows:
100C.9 Deposit and use of moneys collected.
1. All fees assessed pursuant to this chapter shall be
retained as repayment receipts by the division of state fire
marshal in the department of public safety and such fees
received shall be used exclusively to offset the costs of
administering this chapter.
2. Notwithstanding section 8.33, fees collected by
the division of state fire marshal department that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure for
the purposes designated in succeeding fiscal years.
Sec. 1513. Section 100C.10, subsection 1, Code 2023, is
amended to read as follows:
1. A fire extinguishing system contractors and alarm
systems advisory board is established in the division of state
fire marshal of the department of public safety and shall
advise the division department on matters pertaining to the
application and certification of contractors and installers
pursuant to this chapter.
Sec. 1514. Section 100C.10, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The board shall consist of eleven voting members appointed
by the commissioner of public safety director as follows:
-954- Sec. 1515. Section 100C.10, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. The state fire marshal, or the state fire marshal’s
designee, the director, and the chairperson of the electrical
examining board created in section 103.2 shall be nonvoting ex
officio members of the board.
4. The commissioner shall initially appoint two members
for two-year terms, two members for four-year terms, and three
members for six-year terms. Following the expiration of the
terms of initially appointed members, each Each term thereafter
shall be for a period of six years. No member shall serve
more than two consecutive terms. If a position on the board
becomes vacant prior to the expiration of a member’s term, the
member appointed to the vacancy shall serve the balance of the
unexpired term.
Sec. 1516. Section 100D.1, subsections 2 and 10, Code 2023,
are amended to read as follows:
2. “Department” means the department of public safety
inspections, appeals, and licensing.
10. “Responsible managing employee” means an owner, partner,
officer, or manager employed full-time by a fire extinguishing
system contractor who is certified by the national institute
for certification in engineering technologies at a level three
in fire protection technology, automatic sprinkler system
layout, or another certification in automatic sprinkler system
layout recognized by rules adopted by the fire marshal director
pursuant to section 100C.7 or who meets any other criteria
established by rule.
Sec. 1517. Section 100D.1, subsection 3, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
3. “Director” means the director of the department of
inspections, appeals, and licensing or the director’s designee.
Sec. 1518. Section 100D.2, subsection 4, Code 2023, is
amended to read as follows:
-955- 4. Licenses shall be issued for a two-year period, and may
be renewed as established by the state fire marshal director
by rule.
Sec. 1519. Section 100D.3, Code 2023, is amended to read as
follows:
100D.3 Fire protection system installer and maintenance
worker license.
1. The state fire marshal director shall issue a fire
protection system installer and maintenance worker license to
an applicant who meets all of the following requirements:
a. Has completed a fire protection apprenticeship program
approved by the United States department of labor, or has
completed two years of full-time employment or the equivalent
thereof as a trainee.
b. Is employed by a fire extinguishing system contractor.
However, an applicant whose work on extinguishing systems will
be restricted to systems on property owned or controlled by the
applicant’s employer may obtain a license if the employer is
not a certified contractor.
c. Has received a passing score on the national inspection,
testing, and certification star fire sprinkler mastery
exam or on an equivalent exam from a nationally recognized
third-party testing agency that is approved by the state fire
marshal director, or is certified at level one by the national
institute for certification in engineering technologies and as
specified by rule by the state fire marshal director, or is
certified by another entity approved by the fire marshal.
2. The state fire marshal director shall issue a fire
protection system installer and maintenance worker license
with endorsements restricted to preengineered fire protection
systems to an applicant who does not meet the requirements of
subsection 1 but does meet the following requirements:
a. To be endorsed as a preengineered kitchen fire
extinguishing system installer, has successfully completed
training and an examination verified by a preengineered system
-956-manufacturer, an agent of a preengineered system manufacturer,
or an organization that is approved by the state fire marshal
director.
b. To be endorsed as a preengineered kitchen fire
extinguishing system maintenance worker, has successfully
completed training by the worker’s employer or the system’s
manufacturer and has passed a written or online examination for
preengineered kitchen fire extinguishing system maintenance
that is approved by the state fire marshal director.
c. To be endorsed as a preengineered industrial fire
extinguishing system installer, possesses a training and
examination certification from a preengineered system
manufacturer, an agent of a preengineered system manufacturer,
or an organization that is approved by the state fire marshal
director.
d. To be endorsed as a preengineered industrial fire
extinguishing system maintenance worker, has been trained
by the worker’s employer and has passed a written or online
examination for preengineered industrial fire extinguishing
system maintenance that is approved by the state fire marshal
director.
3. The holder of a fire protection system installer and
maintenance worker license shall be responsible for license
fees, renewal fees, and continuing education hours.
4. The license of a fire protection system installer
and maintenance worker licensee who ceases to be employed
by a fire extinguishing system contractor shall continue to
be valid until it would otherwise expire, but the licensee
shall not perform work requiring licensure under this chapter
until the licensee is again employed by a fire extinguishing
system contractor. If the licensee becomes employed by a fire
extinguishing system contractor other than the contractor which
employed the licensee at the time the license was issued, the
licensee shall notify the fire marshal director and shall apply
for an amendment to the license. The fire marshal director
-957- may establish by rule a fee for amending a license. This
subsection shall not extend the time period during which a
license is valid. This subsection does not apply to a licensee
whose work on extinguishing systems is restricted to systems on
property owned or controlled by the licensee’s employer.
5. The fire marshal director, by rule, may restrict
the scope of work authorized by a license with appropriate
endorsements.
Sec. 1520. Section 100D.4, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An applicant for a fire protection system installer and
maintenance worker license or renewal of an active license
shall provide evidence of a public liability insurance policy
and surety bond in an amount determined sufficient by the fire
marshal director by rule.
3. The insurance and surety bond shall be written by an
entity licensed to do business in this state and each licensee
shall maintain on file with the department a certificate
evidencing the insurance providing that the insurance or surety
bond shall not be canceled without the entity first giving
fifteen days written notice to the fire marshal director.
Sec. 1521. Section 100D.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The state fire marshal director shall do all of the
following:
Sec. 1522. Section 100D.6, Code 2023, is amended to read as
follows:
100D.6 Penalties.
The state fire marshal director may impose a civil penalty
of up to five hundred dollars on any person who violates any
provision of this chapter for each day a violation continues.
The state fire marshal director may adopt rules necessary to
enforce and collect any penalties imposed pursuant to this
chapter.
Sec. 1523. Section 100D.7, Code 2023, is amended to read as
-958-follows:
100D.7 Deposit and use of moneys collected.
1. The state fire marshal director shall set the license
fees and renewal fees for all licenses issued pursuant to this
chapter, by rule, based upon the actual costs of licensing.
2. All fees assessed pursuant to this chapter shall be
retained as repayment receipts by the division of state fire
marshal in the department of public safety and such fees
received shall be used exclusively to offset the costs of
administering this chapter.
3. Notwithstanding section 8.33, fees collected by
the division of state fire marshal department that remain
unencumbered or unobligated at the close of the fiscal year
shall not revert but shall remain available for expenditure
for the purposes designated until the close of the succeeding
fiscal year.
Sec. 1524. Section 100D.10, Code 2023, is amended to read
as follows:
100D.10 Reciprocal licenses.
To the extent that another state provides for the licensing
of fire protection system installers and maintenance workers
or similar action, the state fire marshal director may issue
a fire protection system installer and maintenance worker
license, without examination, to a nonresident fire protection
system installer and maintenance worker who has been licensed
by such other state for at least three years provided such
other state grants the same reciprocal licensing privileges to
residents of Iowa who have obtained a fire protection system
installer and maintenance worker license upon payment by
the applicant of the required fee and upon furnishing proof
that the qualifications of the applicant are equal to the
qualifications of holders of similar licenses in this state.
Sec. 1525. Section 100D.13, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The state fire marshal director may issue a temporary
-959-fire protection system installer and maintenance worker license
to a person, providing that all of the following conditions are
met:
a. The person is currently licensed or certified to perform
work as a fire protection system installer and maintenance
worker in another state.
b. The person meets any additional criteria for a temporary
license established by the state fire marshal director by rule.
c. The person provides all information required by the state
fire marshal director.
d. The person has paid the fee for a temporary license,
which fee shall be established by the state fire marshal
director by rule.
e. The person intends to perform work as a fire protection
system installer and maintenance worker only in areas of this
state which are covered by a disaster emergency declaration
issued by the governor pursuant to section 29C.6.
2. A temporary license issued pursuant to this section shall
be valid for ninety days. The state fire marshal director may
establish criteria and procedures for the extension of such
licenses for additional periods, which in no event shall exceed
ninety days.
Sec. 1526. Section 101.1, subsection 1, Code 2023, is
amended to read as follows:
1. The state fire marshal director is hereby empowered and
directed to formulate and adopt and from time to time amend or
revise and to promulgate, in conformity with and subject to the
conditions set forth in this chapter, reasonable rules for the
safe transportation, storage, handling, and use of combustible
liquids, flammable liquids, liquefied petroleum gases, and
liquefied natural gases.
Sec. 1527. Section 101.1, subsection 2, Code 2023, is
amended by adding the following new paragraph:
NEW PARAGRAPH. 0b. “Director” means the director of the
department of inspections, appeals, and licensing or the
-960-director’s designee.
Sec. 1528. Section 101.5A, Code 2023, is amended to read as
follows:
101.5A Shared public petroleum storage facilities.
The state fire marshal director shall permit by rule the
shared ownership, operation, or cooperative use of a publicly
owned petroleum storage or dispensing facility by more than one
public agency or political subdivision in order to maximize the
opportunity for cooperation, to avoid unnecessary duplication
of facilities posing both an environmental and fire hazard,
and to minimize the cost of providing public services. Shared
or cooperative use is not a violation of chapter 23A, even
if one public agency or political subdivision compensates
another public agency or political subdivision for the use or
for petroleum dispensed. A publicly owned petroleum storage
facility subject to this section may use aboveground or
underground storage tanks, or a combination of both.
Sec. 1529. Section 101.8, Code 2023, is amended to read as
follows:
101.8 Assistance by local officials.
The chief fire prevention officer of every city or village
having an established fire prevention department, the chief of
the fire department of every other city or village in which
a fire department is established, the mayor of every city in
which no fire department exists, the township clerk of every
township outside the limits of any city or village and all
other local officials upon whom fire prevention duties are
imposed by law shall assist the state fire marshal director in
the enforcement of the rules.
Sec. 1530. Section 101.9, Code 2023, is amended to read as
follows:
101.9 Repairs ordered by fire marshal director.
If the state fire marshal director has reasonable grounds
for believing after conducting tests that a leak exists in
a flammable or combustible liquid storage tank or in the
-961-distribution system of a flammable or combustible liquid
storage tank the state fire marshal director shall issue a
written order to the owner or lessee of the storage tank or
distribution system requiring the storage tank and distribution
system be emptied and removed or repaired immediately upon
receipt of the written order.
Sec. 1531. Section 101.10, Code 2023, is amended to read as
follows:
101.10 Assistance of department of natural resources.
If the state fire marshal director has reasonable grounds
for believing that a leak constitutes a hazardous condition
which threatens the public health and safety, the fire marshal
director may request the assistance of the department of
natural resources, and upon such request the department of
natural resources is empowered to eliminate the hazardous
condition as provided in chapter 455B, subchapter IV, part
4, the provisions of section 455B.390, subsection 3, to the
contrary notwithstanding.
Sec. 1532. Section 101.12, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. An aboveground flammable or combustible liquid storage
tank may be installed at a retail motor vehicle fuel outlet,
subject to rules adopted by the state fire marshal director.
2. Rules adopted by the state fire marshal director
pursuant to this section shall be in substantial compliance
with the applicable standards of the national fire protection
association.
Sec. 1533. Section 101.21, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 1534. Section 101.22, subsections 1, 2, 3, 4, and 7,
Code 2023, are amended to read as follows:
1. Except as provided in subsection 2, the owner or operator
of an aboveground flammable or combustible liquid storage tank
existing on July 1, 2010, shall notify the state fire marshal
director in writing by October 1, 2010, of the existence of
-962-each tank and specify the age, size, type, location, and uses
of the tank.
2. The owner of an aboveground flammable or combustible
liquid storage tank taken out of operation on or before July 1,
2010, shall notify the state fire marshal director in writing
by October 1, 2010, of the existence of the tank unless the
owner knows the tank has been removed from the site. The
notice shall specify, to the extent known to the owner, the
date the tank was taken out of operation, the age of the
tank on the date taken out of operation, the size, type, and
location of the tank, and the type and quantity of substances
left stored in the tank on the date that it was taken out of
operation.
3. An owner or operator who brings into use an aboveground
flammable or combustible liquid storage tank after July 1,
2010, shall notify the state fire marshal director in writing
within thirty days of the existence of the tank and specify the
age, size, type, location, and uses of the tank.
4. The registration notice of the owner or operator to the
state fire marshal director under subsections 1 through 3 shall
be accompanied by an annual fee of twenty dollars for each tank
included in the notice. All moneys collected shall be retained
by the department of public safety inspections, appeals, and
licensing and are appropriated for the use of the state fire
marshal director. The annual renewal fee applies to all owners
or operators who file a registration notice with the state fire
marshal pursuant to subsections 1 through 3.
7. a. The state fire marshal director shall furnish the
owner or operator of an aboveground flammable or combustible
liquid storage tank with a registration tag for each
aboveground flammable or combustible liquid storage tank
registered with the state fire marshal director.
b. The owner or operator shall affix the tag to the fill
pipe of each registered aboveground flammable or combustible
liquid storage tank.
-963- Sec. 1535. Section 101.23, Code 2023, is amended to read as
follows:
101.23 State fire marshal Director reporting rules.
The state fire marshal director shall adopt rules pursuant
to chapter 17A relating to reporting requirements necessary to
enable the state fire marshal director to maintain an accurate
inventory of aboveground flammable or combustible liquid
storage tanks.
Sec. 1536. Section 101.24, Code 2023, is amended to read as
follows:
101.24 Duties and powers of the state fire marshal director.
The state fire marshal director shall:
1. Inspect and investigate the facilities and records of
owners and operators of aboveground flammable or combustible
liquid storage tanks with a capacity of fifteen thousand or
more gallons, as necessary to determine compliance with this
subchapter and the rules adopted pursuant to this subchapter.
An inspection or investigation shall be conducted subject to
subsection 4. For purposes of developing a rule, maintaining
an accurate inventory, or enforcing this subchapter, the
department of inspections, appeals, and licensing may:
a. Enter at reasonable times an establishment or other place
where an aboveground storage tank is located.
b. Inspect and obtain samples from any person of flammable
or combustible liquid or another regulated substance and
conduct monitoring or testing of the tanks, associated
equipment, contents, or surrounding soils, air, surface water,
and groundwater. Each inspection shall be commenced and
completed with reasonable promptness.
(1) If the state fire marshal director obtains a sample,
prior to leaving the premises, the fire marshal director
shall give the owner, operator, or agent in charge a receipt
describing the sample obtained and if requested a portion of
each sample equal in volume or weight to the portion retained.
If the sample is analyzed, a copy of the results of the
-964-analysis shall be furnished promptly to the owner, operator,
or agent in charge.
(2) Documents or information obtained from a person under
this subsection shall be available to the public except as
provided in this subparagraph. Upon a showing satisfactory
to the state fire marshal director by a person that public
disclosure of documents or information, or a particular
part of the documents or information to which the state fire
marshal director has access under this subsection would divulge
commercial or financial information entitled to protection as a
trade secret, the state fire marshal director shall consider
the documents or information or the particular portion of the
documents or information confidential. However, the documents
or information may be disclosed to officers, employees, or
authorized representatives of the United States charged with
implementing the federal Solid Waste Disposal Act, to employees
of the state of Iowa or of other states when the document or
information is relevant to the discharge of their official
duties, and when relevant in a proceeding under the federal
Solid Waste Disposal Act or this subchapter.
2. Maintain an accurate inventory of aboveground flammable
or combustible liquid storage tanks.
3. Take any action allowed by law which, in the state fire
marshal’s director’s judgment, is necessary to enforce or
secure compliance with this subchapter or any rule adopted
pursuant to this subchapter.
4. Conduct investigations of complaints received directly,
referred by other agencies, or other investigations deemed
necessary. While conducting an investigation, the state fire
marshal director may enter at any reasonable time in and upon
any private or public property to investigate any actual or
possible violation of this subchapter or the rules or standards
adopted under this subchapter. However, the owner or person in
charge shall be notified.
a. If the owner or operator of any property refuses
-965-admittance, or if prior to such refusal the state fire marshal
director demonstrates the necessity for a warrant, the state
fire marshal may make application under oath or affirmation
to the district court of the county in which the property is
located for the issuance of a search warrant.
b. In the application the state fire marshal director shall
state that an inspection of the premises is mandated by the
laws of this state or that a search of certain premises, areas,
or things designated in the application may result in evidence
tending to reveal the existence of violations of public health,
safety, or welfare requirements imposed by statutes, rules, or
ordinances established by the state or a political subdivision
of the state. The application shall describe the area,
premises, or thing to be searched, give the date of the last
inspection if known, give the date and time of the proposed
inspection, declare the need for such inspection, recite that
notice of the desire to make an inspection has been given to
affected persons and that admission was refused if that be the
fact, and state that the inspection has no purpose other than
to carry out the purpose of the statute, rule, or ordinance
pursuant to which inspection is to be made. If an item of
property is sought by the state fire marshal director, it shall
be identified in the application.
c. If the court is satisfied from the examination of
the applicant, and of other witnesses, if any, and of the
allegations of the application of the existence of the grounds
of the application, or that there is probable cause to believe
in their existence, the court may issue a search warrant.
d. In making inspections and searches pursuant to the
authority of this subchapter, the state fire marshal director
must execute the warrant as follows:
(1) Within ten days after its date.
(2) In a reasonable manner, and any property seized shall
be treated in accordance with the provisions of chapters 808
and 809.
-966- (3) Subject to any restrictions imposed by the statute, rule
or ordinance pursuant to which inspection is made.
Sec. 1537. Section 101.25, Code 2023, is amended to read as
follows:
101.25 Violations — orders.
1. If substantial evidence exists that a person has
violated or is violating a provision of this subchapter or
a rule adopted under this subchapter the state fire marshal
director may issue an order directing the person to desist
in the practice which constitutes the violation, and to take
corrective action as necessary to ensure that the violation
will cease, and may impose appropriate administrative penalties
pursuant to section 101.26. The person to whom the order is
issued may appeal the order as provided in chapter 17A. On
appeal, the administrative law judge may affirm, modify, or
vacate the order of the state fire marshal director.
2. However, if it is determined by the state fire marshal
director that an emergency exists respecting any matter
affecting or likely to affect the public health, the fire
marshal director may issue any order necessary to terminate
the emergency without notice and without hearing. The order
is binding and effective immediately and until the order is
modified or vacated at an administrative hearing or by a
district court.
3. The state fire marshal director may request the attorney
general to institute legal proceedings pursuant to section
101.26.
Sec. 1538. Section 101.26, Code 2023, is amended to read as
follows:
101.26 Penalties — burden of proof.
1. A person who violates this subchapter or a rule adopted
or order issued pursuant to this subchapter is subject to a
civil penalty not to exceed one hundred dollars for each day
during which the violation continues, up to a maximum of one
thousand dollars; however, if the tank is registered within
-967-thirty days after the state fire marshal director issues a
cease and desist order pursuant to section 101.25, subsection
1, the civil penalty under this section shall not accrue. The
civil penalty is an alternative to a criminal penalty provided
under this subchapter.
2. A person who knowingly fails to notify or makes a false
statement, representation, or certification in a record,
report, or other document filed or required to be maintained
under this subchapter, or violates an order issued under this
subchapter, is guilty of an aggravated misdemeanor.
3. The attorney general, at the request of the state fire
marshal director, shall institute any legal proceedings,
including an action for an injunction, necessary to enforce the
penalty provisions of this subchapter or to obtain compliance
with the provisions of this subchapter or rules adopted or
order pursuant to this subchapter. In any action, previous
findings of fact of the state fire marshal director after
notice and hearing are conclusive if supported by substantial
evidence in the record when the record is viewed as a whole.
4. In all proceedings with respect to an alleged violation
of this subchapter or a rule adopted or order issued by the
state fire marshal director pursuant to this subchapter, the
burden of proof is upon the state fire marshal director.
5. If the attorney general has instituted legal proceedings
in accordance with this section, all related issues which could
otherwise be raised by the alleged violator in a proceeding for
judicial review under section 101.27 shall be raised in the
legal proceedings instituted in accordance with this section.
Sec. 1539. Section 101.27, Code 2023, is amended to read as
follows:
101.27 Judicial review.
Except as provided in section 101.26, subsection 5,
judicial review of an order or other action of the state fire
marshal director may be sought in accordance with chapter 17A.
Notwithstanding chapter 17A, the Iowa administrative procedure
-968-Act, petitions for judicial review may be filed in the district
court of the county in which the alleged offense was committed
or the final order was entered.
Sec. 1540. Section 101A.1, subsections 2, 6, and 7, Code
2023, are amended to read as follows:
2. “Commercial license” or “license” means a license issued
by the state fire marshal director pursuant to this chapter.
6. “Licensee” means a person holding a commercial license
issued by the state fire marshal director pursuant to this
chapter.
7. “Magazine” means any building or structure, other than an
explosives manufacturing building, approved by the state fire
marshal director or the fire marshal’s director’s designated
agent for the storage of explosive materials.
Sec. 1541. Section 101A.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1542. Section 101A.2, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The state fire marshal director shall issue commercial
licenses for the manufacture, importation, distribution, sale,
and commercial use of explosives to persons who, in the state
fire marshal’s director’s discretion are of good character
and sound judgment, and have sufficient knowledge of the
use, handling, and storage of explosive materials to protect
the public safety. Licenses shall be issued for a period of
three years, but may be issued for shorter periods, and may be
revoked or suspended by the state fire marshal director for any
of the following reasons:
a. Falsification of information submitted in the application
for a license.
b. Proof that the licensee has violated any provisions of
this chapter or any rules prescribed by the state fire marshal
-969- director pursuant to the provisions of this chapter.
c. The results of a national criminal history check
conducted pursuant to subsection 3.
2. Licenses shall be issued by the state fire marshal
director upon payment of a fee of sixty dollars, valid for a
period of three calendar years, commencing on January 1 of the
first year and terminating on December 31 of the third year.
However, an initial license may be issued during a calendar
year for the number of months remaining in such calendar year
and the following two years, computed to the first day of the
month when the application for the license is approved. The
license fee shall be charged on a pro rata basis for the number
of months remaining in the period of issue. Applications for
renewal of licenses shall be submitted within thirty days prior
to the license expiration date and shall be accompanied by
payment of the prescribed fee.
Sec. 1543. Section 101A.3, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. User’s permits to purchase, possess, transport, store,
and detonate explosive materials shall be issued by the sheriff
of the county or the chief of police of a city of ten thousand
population or more where the possession and detonation will
occur. If the possession and detonation are to occur in more
than one county or city, then such permits must be issued by
the sheriff or chief of police of each of such counties or
cities, except in counties and cities in which the explosives
are possessed for the sole purpose of transporting them
through such counties and cities. A permit shall not be issued
unless the sheriff or chief of police having jurisdiction is
satisfied that possession and detonation of explosive materials
is necessary to the applicant’s business or to improve the
applicant’s property. Permits shall be issued only to persons
who, in the discretion of the sheriff or chief of police, are
of good character and sound judgment, and have sufficient
knowledge of the use and handling of explosive materials to
-970-protect the public safety. Applicants shall be subject to the
criminal history check provisions of section 101A.2, subsection
3. The state fire marshal director shall prescribe, have
printed, and distribute permit application forms to all local
permit issuing authorities.
2. The user’s permit shall state the quantity of explosive
materials which the permittee may purchase, the amount the
permittee may have in possession at any one time, the amount
the permittee may detonate at any one time, and the period of
time during which the purchase, possession, and detonation
of explosive materials is authorized. The permit shall also
specify the place where detonation may occur, the location and
description of the place where the explosive materials will
be stored, if such be the case, and shall contain such other
information as may be required under the rules and regulations
of the state fire marshal director. The permit shall not
authorize purchase, possession, and detonation of a quantity of
explosive materials in excess of that which is necessary in the
pursuit of the applicant’s business or the improvement of the
permittee’s property, nor shall such purchase, possession, and
detonation be authorized for a period longer than is necessary
for the specified purpose. In no event shall the permit be
valid for more than thirty days from date of issuance but it
may be renewed upon proper showing of necessity.
Sec. 1544. Section 101A.4, subsection 1, Code 2023, is
amended to read as follows:
1. Judicial review of the action of the state fire marshal
director may be sought in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A.
Sec. 1545. Section 101A.5, Code 2023, is amended to read as
follows:
101A.5 Rules — director duties.
1. The state fire marshal director shall adopt rules
pursuant to chapter 17A pertaining to the manufacture,
transportation, storage, possession, and use of explosive
-971-materials. Rules adopted by the state fire marshal director
shall be compatible with, but not limited to, the national
fire protection association’s pamphlet number 495 and federal
rules pertaining to commerce, possession, storage, and use of
explosive materials. Such rules shall do all of the following:
1. a. Prescribe reasonable standards for the safe
transportation and handling of explosive materials so as to
prevent accidental fires and explosions and prevent theft and
unlawful or unauthorized possession of explosive materials.
2. b. Prescribe procedures and methods of inventory so
as to assure accurate records of all explosive materials
manufactured or imported into the state and records of the
disposition of such explosive materials, including records of
the identity of persons to whom sales and transfers are made,
and the time and place of any loss or destruction of explosive
materials which might occur.
3. c. Prescribe reasonable standards for the safe
storage of explosive materials as may be necessary to prevent
accidental fires and explosions and prevent thefts and unlawful
or unauthorized possession of explosive materials.
4. d. Require such reports from licensees, permittees,
sheriffs, and chiefs of police as may be necessary for the
state fire marshal director to discharge the fire marshal’s
director’s duties pursuant to this chapter.
5. e. Prescribe the form and content of license and permit
applications.
6. 2. Conduct The director shall conduct such inspections
of licensees and permittees as may be necessary to enforce the
provisions of this chapter.
Sec. 1546. Section 101A.7, Code 2023, is amended to read as
follows:
101A.7 Inspection of storage facility.
1. The licensee’s or permittee’s explosives storage
facility shall be inspected at least once a year by a
representative of the state fire marshal’s office department
-972-of inspections, appeals, and licensing, except that the state
fire marshal director may, at those mining operations licensed
and regulated by the United States department of labor, accept
an approved inspection report issued by the United States
department of labor, mine safety and health administration, for
the twelve-month period following the issuance of the report.
The state fire marshal director shall notify the appropriate
city or county governing board of licenses to be issued in
their respective jurisdictions pursuant to this chapter. The
notification shall contain the name of the applicant to be
licensed, the location of the facilities to be used in storing
explosives, the types and quantities of explosive materials to
be stored, and other information deemed necessary by either
the governing boards or the state fire marshal director. The
facility may be examined at other times by the sheriff of the
county where the facility is located or by the local police
authority if the facility is located within a city of over
ten thousand population and if the sheriff or city council
considers it necessary.
2. If the state fire marshal director finds the facility
to be improperly secured, the licensee or permittee shall
immediately correct the improper security and, if not so
corrected, the state fire marshal director shall immediately
confiscate the stored explosives. Explosives may be
confiscated by the county sheriff or local police authority
only if a situation that is discovered during an examination by
those authorities is deemed to present an immediate danger. If
the explosives are confiscated by the county sheriff or local
police authority, they shall be delivered to the state fire
marshal director. The state fire marshal director shall hold
confiscated explosives for a period of thirty days under proper
security unless the period of holding is shortened pursuant to
this section.
3. If the licensee or permittee corrects the improper
security within the thirty-day period, the explosives shall
-973-be returned to the licensee or permittee after correction and
after the licensee or permittee has paid to the state an amount
equal to the expense incurred by the state in storing the
explosives during the period of confiscation. The amount of
expense shall be determined by the state fire marshal director.
4. If the improper security is not corrected during the
thirty-day period, the state fire marshal director shall
dispose of the explosives and the license or permit shall be
canceled. A canceled license or permit shall not be reissued
for a period of two years from the date of cancellation.
Sec. 1547. Section 101A.8, Code 2023, is amended to read as
follows:
101A.8 Report of theft or loss required.
Any theft or loss of explosive materials, whether from
a storage magazine, a vehicle in which they are being
transported, or from a site on which they are being used,
or from any other location, shall immediately be reported by
the person authorized to possess such explosives to the local
police or county sheriff. The local police or county sheriff
shall immediately transmit a report of such theft or loss of
explosive materials to the state fire marshal director.
Sec. 1548. Section 101A.9, Code 2023, is amended to read as
follows:
101A.9 Disposal regulated.
No person shall abandon or otherwise dispose of any
explosives in any manner which might, as the result of such
abandonment or disposal, create any danger or threat of danger
to life or property. Any person in possession or control of
explosives shall, when the need for such explosives no longer
exists, dispose of them in accordance with rules prescribed by
the state fire marshal director.
Sec. 1549. Section 101A.10, Code 2023, is amended to read
as follows:
101A.10 Persons and agencies exempt.
This chapter shall not apply to the transportation and
-974-use of explosive materials by the regular military or naval
forces of the United States, the duly organized militia of this
state, representatives of the state fire marshal director, the
state patrol, division of criminal investigation, local police
departments, sheriffs departments, and fire departments acting
in their official capacity; nor shall this chapter apply to
the transportation and use of explosive materials by any peace
officer to enforce provisions of this chapter when the peace
officer is acting pursuant to such authority, however, other
agencies of the state or any of its political subdivisions
desiring to purchase, possess, transport, or use explosive
materials for construction or other purposes shall be required
to obtain user’s permits.
Sec. 1550. Section 101A.12, Code 2023, is amended to read
as follows:
101A.12 Deposit and use of fees.
The fees collected by the state fire marshal director in
issuing licenses pursuant to this chapter shall be deposited in
the state general fund.
Sec. 1551. Section 101A.14, subsection 2, Code 2023, is
amended to read as follows:
2. Any person who violates the provisions of section 101A.6,
101A.8 or 101A.9 or any of the rules adopted by the state fire
marshal director pursuant to the provisions of this chapter,
commits a simple misdemeanor.
Sec. 1552. Section 101B.2, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of public safety
inspections, appeals, and licensing.
Sec. 1553. Section 101B.3, subsection 4, Code 2023, is
amended to read as follows:
4. The department of public safety shall administer
this chapter and may adopt rules pursuant to chapter 17A to
administer this chapter. This chapter shall be implemented in
accordance with the implementation and substance of the New
-975-York fire safety standards for cigarettes.
Sec. 1554. Section 101B.6, subsection 2, Code 2023, is
amended to read as follows:
2. A wholesaler or agent shall provide a copy of the
cigarette packaging markings received from a manufacturer to
all retailers to whom the wholesaler or agent sells cigarettes.
A wholesaler, agent, or retailer shall permit the state fire
marshal department, department of revenue, or the office of the
attorney general to inspect markings of cigarette packaging
marked in accordance with section 101B.7.
Sec. 1555. Section 101B.8, subsections 7, 8, and 9, Code
2023, are amended to read as follows:
7. In addition to any other remedy provided by law, the
department of public safety or the office of the attorney
general may file an action in district court for a violation of
this chapter, including petitioning for injunctive relief or to
recover any costs or damages suffered by the state because of a
violation of this chapter, including enforcement costs relating
to the specific violation and attorney fees. Each violation of
the chapter or of rules adopted under this chapter constitutes
a separate civil violation for which the department of public
safety or the office of the attorney general may seek relief.
8. The department of revenue in the regular course of
conducting inspections of a wholesaler, agent, or retailer
may inspect cigarettes in the possession or control of the
wholesaler, agent, or retailer or on the premises of any
wholesaler, agent, or retailer to determine if the cigarettes
are marked as required pursuant to section 101B.7. If the
cigarettes are not marked as required, the department of
revenue shall notify the department of public safety.
9. To enforce the provisions of this chapter, the department
of public safety and the office of the attorney general may
examine the books, papers, invoices, and other records of any
person in possession, control, or occupancy of any premises
where cigarettes are placed, sold, or offered for sale,
-976-including the stock of cigarettes on the premises.
Sec. 1556. Section 101B.10, subsection 1, Code 2023, is
amended to read as follows:
1. This chapter shall cease to be applicable if federal
fire safety standards for cigarettes that preempt this chapter
are enacted and take effect subsequent to January 1, 2009, and
the state fire marshal department shall notify the secretary of
state and the Code editor if such federal fire safety standards
for cigarettes are enacted.
Sec. 1557. Section 103.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 6B. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1558. Section 103.2, subsection 1, Code 2023, is
amended to read as follows:
1. An electrical examining board is created within the
division of state fire marshal of the department of public
safety. The board shall consist of eleven voting members
appointed by the governor and subject to senate confirmation,
all of whom shall be residents of this state. Except for the
board member enumerated in subsection 2, paragraph “e”, members
shall be appointed by the governor and subject to senate
confirmation.
Sec. 1559. Section 103.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. a. The board shall elect annually from
its members a chairperson and a vice chairperson.
b. The board shall hold at least one meeting quarterly at
the location of the board’s principal office, and meetings
shall be called at other times by the chairperson or four
members of the board. At any meeting of the board, a majority
of members constitutes a quorum.
-977- Sec. 1560. Section 103.4, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
103.4 Executive secretary — staff and duties.
The director shall appoint an executive secretary for the
board and shall hire and provide staff to assist the board
in administering this chapter. The executive secretary
shall report to the director for purposes of routine board
administrative functions, and shall report directly to
the board for purposes of execution of board policy such
as application of licensing criteria and processing of
applications.
Sec. 1561. Section 103.7, Code 2023, is amended to read as
follows:
103.7 Electrician and installer licensing and inspection
fund.
An electrician and installer licensing and inspection fund
is created in the state treasury as a separate fund under the
control of the board. All licensing, examination, renewal,
and inspection fees shall be deposited into the fund and
retained by and for the use of the board. Expenditures from
the fund shall be approved by the sole authority of the board
in consultation with the state fire marshal director. Amounts
deposited into the fund shall be considered repayment receipts
as defined in section 8.2. Notwithstanding section 8.33, any
balance in the fund on June 30 of each fiscal year shall not
revert to the general fund of the state, but shall remain
available for the purposes of this chapter in subsequent fiscal
years. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys deposited in the fund shall be credited
to the fund.
Sec. 1562. Section 103.14, Code 2023, is amended to read as
follows:
103.14 Alarm installations.
A person who is not licensed pursuant to this chapter may
plan, lay out, or install electrical wiring, apparatus, and
-978-equipment for components of alarm systems that operate at
seventy volt/amps (VA) or less, only if the person is certified
to conduct such work pursuant to chapter 100C. Installations
of alarm systems that operate at seventy volt/amps (VA) or less
are subject to inspection by state inspectors as provided in
section 103.31, except that reports of such inspections, if
the installation being inspected was performed by a person
certified pursuant to chapter 100C, shall be submitted to
the state fire marshal director and any action taken on a
report of an inspection of an installation performed by a
person certified pursuant to chapter 100C shall be taken by
or at the direction of the state fire marshal, unless the
installation has been found to exceed the authority granted to
the certificate holder pursuant to chapter 100C and therefore
to be in violation of this chapter.
Sec. 1563. Section 103.25, subsection 1, Code 2023, is
amended to read as follows:
1. At or before commencement of any installation required
to be inspected by the board, the licensee or property owner
making such installation shall submit to the state fire
marshal’s office department a request for inspection. The
board shall prescribe the methods by which the request may be
submitted, which may include electronic submission or through
a form prescribed by the board that can be submitted either
through the mail or by a fax transmission. The board shall
also prescribe methods by which inspection fees can be paid,
which may include electronic methods of payment. If the board
or the state fire marshal’s office department becomes aware
that a person has failed to file a necessary request for
inspection, the board shall send a written notification by
certified mail that the request must be filed within fourteen
days. Any person filing a late request for inspection shall
pay a delinquency fee in an amount to be determined by the
board. A person who fails to file a late request within
fourteen days from receipt of the notification shall be subject
-979-to a civil penalty to be determined by the board by rule.
Sec. 1564. Section 103.26, Code 2023, is amended to read as
follows:
103.26 Condemnation — disconnection — opportunity to
correct noncompliance.
If the inspector finds that any installation or portion of
an installation is not in compliance with accepted standards
of construction for health safety and property safety, based
upon minimum standards set forth in the local electrical
code or the national electrical code adopted by the board
pursuant to section 103.6, the inspector shall by written
order condemn the installation or noncomplying portion or
order service to such installation disconnected and shall
send a copy of such order to the board, the state fire
marshal director, and the electrical utility supplying power
involved. If the installation or the noncomplying portion is
such as to seriously and proximately endanger human health
or property, the order of the inspector when approved by the
inspector’s supervisor shall require immediate condemnation
and disconnection by the applicant. In all other cases, the
order of the inspector shall establish a reasonable period
of time for the installation to be brought into compliance
with accepted standards of construction for health safety and
property safety prior to the effective date established in such
order for condemnation or disconnection.
Sec. 1565. Section 103.31, subsections 3, 4, and 5, Code
2023, are amended to read as follows:
3. State inspection procedures and policies shall be
established by the board. The state fire marshal director, or
the state fire marshal’s director’s designee, shall enforce
the procedures and policies, and enforce the provisions of the
national electrical code adopted by the board.
4. Except when an inspection reveals that an installation or
portion of an installation is not in compliance with accepted
standards of construction for health safety and property
-980-safety, based upon minimum standards set forth in the local
electrical code or the national electrical code adopted by
the board pursuant to section 103.6, such that an order of
condemnation or disconnection is warranted pursuant to section
103.26, an inspector shall not add to, modify, or amend a
construction plan as originally approved by the state fire
marshal director or the state building code commissioner in the
course of conducting an inspection.
5. Management and supervision of inspectors, including
hiring decisions, disciplinary action, promotions, and work
schedules are the responsibility of the state fire marshal
director acting in accordance with applicable law and pursuant
to any applicable collective bargaining agreement. The state
fire marshal director and the board shall jointly determine
work territories, regions, or districts for inspectors
and continuing education and ongoing training requirements
applicable to inspectors. An inspector subject to disciplinary
action pursuant to this subsection shall be entitled to an
appeal according to the procedure set forth in section 103.34
and judicial review pursuant to section 17A.19.
Sec. 1566. Section 103.32, subsection 3, Code 2023, is
amended to read as follows:
3. When an inspection is requested by a property owner,
the minimum fee shall be thirty dollars plus five dollars
per branch circuit or feeder. The fee for fire and accident
inspections shall be computed at the rate of forty-seven
dollars per hour, and mileage and other expenses shall be
reimbursed as provided by the office of the state fire marshal
department.
Sec. 1567. Section 103.33, subsection 1, Code 2023, is
amended to read as follows:
1. Any person aggrieved by a condemnation or disconnection
order issued by the state fire marshal’s office department may
appeal from the order by filing a written notice of appeal with
the board within ten days after the date the order was served
-981-upon the property owner or within ten days after the order was
filed with the board, whichever is later.
Sec. 1568. Section 103A.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 6B. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1569. Section 103A.4, Code 2023, is amended to read as
follows:
103A.4 Building code commissioner.
The commissioner of public safety director, in addition
to other duties, shall serve as the state building code
commissioner or may designate a building code commissioner.
Sec. 1570. Section 103A.23, subsection 1, Code 2023, is
amended to read as follows:
1. For the purpose of obtaining revenue to defray the
costs of administering the provisions of this chapter, the
commissioner shall establish by rule a schedule of fees based
upon the costs of administration which fees shall be collected
from persons whose manufacture, installation, or construction
is subject to the provisions of the state building code. For
the performance of building plan reviews by the department
of public safety, the commissioner shall establish by rule a
fee, chargeable to the owner of the building, which shall be
equal to a percentage of the estimated total valuation of the
building and which shall be in an amount reasonably related to
the cost of conducting the review.
Sec. 1571. Section 103A.54, Code 2023, is amended to read
as follows:
103A.54 Fees.
Notwithstanding section 103A.23, the department of
public safety shall retain all fees collected pursuant to
this subchapter and the fees retained are appropriated to
-982-the commissioner to administer the licensing program and
the certification program for manufactured or mobile home
installers, including the employment of personnel for the
enforcement and administration of such programs.
Sec. 1572. Section 105.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1573. Section 105.3, subsection 1, Code 2023, is
amended to read as follows:
1. A plumbing and mechanical systems board is created within
the Iowa department of public health.
Sec. 1574. Section 105.3, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The board shall be comprised of eleven twelve voting
members, appointed by the governor, as follows:
Sec. 1575. Section 105.3, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The director of public health and human services or the
director’s designee.
Sec. 1576. Section 105.3, subsection 2, paragraph a, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (2A) The director of the department of
inspections, appeals, and licensing or the director’s designee.
Sec. 1577. Section 105.3, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The board members enumerated in paragraph a “a”,
subparagraphs (3) through (9), are shall be appointed by the
governor and subject to confirmation by the senate.
Sec. 1578. Section 105.4, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The board shall establish by rule a plumbing installation
code governing the installation of plumbing in this state.
Consistent with fire safety rules and standards promulgated
-983-by the state fire marshal department, the board shall adopt
the most current version of the uniform plumbing code and the
international mechanical code, as the state plumbing code
and the state mechanical code, to govern the installation of
plumbing and mechanical systems in this state. The board shall
adopt the current version of each code within six months of its
being released. The board may adopt amendments to each code by
rule. The board shall work in consultation with the state fire
marshal department to ensure that proposed amendments do not
conflict with the fire safety rules and standards promulgated
by the state fire marshal department. The state plumbing
code and the state mechanical code shall be applicable to all
buildings and structures owned by the state or an agency of the
state and in each local jurisdiction.
Sec. 1579. Section 105.12, subsection 1, Code 2023, is
amended to read as follows:
1. A contracting, plumbing, mechanical, HVAC-refrigeration,
sheet metal, or hydronic license shall be in the form of a
certificate under the seal of the department, signed by the
director of public health the department, and shall be issued
in the name of the board. The license number shall be noted on
the face of the license.
Sec. 1580. Section 135.11A, Code 2023, is amended to read
as follows:
135.11A Professional licensure division — other licensing
Licensing boards — expenses — fees.
1. There shall be a professional licensure division within
the department of public health. Each board under chapter
chapters 100C, 103, 103A, 105, or 147 or that are under the
administrative authority of the department, except the board
of nursing, board of medicine, dental board, and board of
pharmacy, shall receive administrative and clerical support
from the division department and may not employ its own support
staff for administrative and clerical duties. The executive
director of the board of nursing, board of medicine, dental
-984-board, and board of pharmacy shall be appointed pursuant to
section 135.11B.
2. The professional licensure division department and the
licensing boards referenced in subsection 1 may expend funds in
addition to amounts budgeted, if those additional expenditures
are directly the result of actual examination and exceed funds
budgeted for examinations. Before the division department or a
licensing board expends or encumbers an amount in excess of the
funds budgeted for examinations, the director of the department
of management shall approve the expenditure or encumbrance.
Before approval is given, the department of management shall
determine that the examination expenses exceed the funds
budgeted by the general assembly to the division department
or board and the division department or board does not have
other funds from which examination expenses can be paid.
Upon approval of the department of management, the division
department or licensing board may expend and encumber funds for
excess examination expenses. The amounts necessary to fund
the excess examination expenses shall be collected as fees
from additional examination applicants and shall be treated as
repayment receipts as defined in section 8.2.
Sec. 1581. Section 135.24, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. Procedures for registration of health care providers
deemed qualified by the board of medicine, the board of
physician assistants, the dental board, the board of nursing,
the board of chiropractic, the board of psychology, the board
of social work, the board of behavioral science, the board
of pharmacy, the board of optometry, the board of podiatry,
the board of physical and occupational therapy, the board of
respiratory care and polysomnography, and the Iowa department
of public health inspections, appeals, and licensing, as
applicable.
Sec. 1582. Section 135.31, Code 2023, is amended to read as
follows:
-985- 135.31 Location of boards — rulemaking.
The offices for the board of medicine, the board of pharmacy,
the board of nursing, and the dental board shall be located
within the department of public health. The individual boards
shall have policymaking and rulemaking authority.
Sec. 1583. Section 135.37, Code 2023, is amended to read as
follows:
135.37 Tattooing — permit requirement — penalty.
1. A person shall not own, control and lease, act as an
agent for, conduct, manage, or operate an establishment to
practice the art of tattooing or engage in the practice of
tattooing without first applying for and receiving a permit
from the Iowa department of public health.
2. A minor shall not obtain a tattoo and a person shall
not provide a tattoo to a minor. For the purposes of this
section, “minor” means an unmarried person who is under the age
of eighteen years.
3. A person who fails to meet the requirements of subsection
1 or a person providing a tattoo to a minor is guilty of a
serious misdemeanor.
4. The Iowa department of public health shall:
a. Adopt rules pursuant to chapter 17A and establish and
collect all fees necessary to administer this section. The
provisions of chapter 17A, including licensing provisions,
judicial review, and appeal, shall apply to this chapter
section.
b. Establish minimum safety and sanitation criteria for the
operation of tattooing establishments.
5. If the Iowa department of public health determines that
a provision of this section has been or is being violated, the
department may order that a tattooing establishment not be
operated until the necessary corrective action has been taken.
If the establishment continues to be operated in violation of
the order of the department, the department may request that
the county attorney or the attorney general make an application
-986-in the name of the state to the district court of the county
in which the violations have occurred for an order to enjoin
the violations. This remedy is in addition to any other legal
remedy available to the department.
6. As necessary to avoid duplication and promote
coordination of public health inspection and enforcement
activities, the department may enter into agreements with
local boards of health to provide for inspection of tattooing
establishments and enforcement activities in accordance with
the rules and criteria implemented under this section.
Sec. 1584. Section 135.61, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this subchapter part, unless the context
otherwise requires:
Sec. 1585. Section 135.61, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. Each institutional health facility or health maintenance
organization which, prior to receipt of the application by the
department, has formally indicated to the department pursuant
to this subchapter part an intent to furnish in the future
institutional health services similar to the new institutional
health service proposed in the application.
Sec. 1586. Section 135.61, subsection 4, Code 2023, is
amended to read as follows:
4. “Council” means the state health facilities council
established by this subchapter part.
Sec. 1587. Section 135.61, subsections 5 and 7, Code 2023,
are amended by striking the subsections.
Sec. 1588. Section 135.62, subsection 1, Code 2023, is
amended to read as follows:
1. This subchapter part shall be administered by the
department. The director shall employ or cause to be employed
the necessary persons to discharge the duties imposed on the
department by this subchapter part.
Sec. 1589. Section 135.62, subsection 2, paragraph e,
-987-subparagraphs (2), (4), and (5), Code 2023, are amended to read
as follows:
(2) Determine and adopt such policies as are authorized by
law and are deemed necessary to the efficient discharge of its
duties under this subchapter part.
(4) Advise and counsel with the director concerning
the provisions of this subchapter part and the policies
and procedures adopted by the department pursuant to this
subchapter part.
(5) Review and approve, prior to promulgation, all rules
adopted by the department under this subchapter part.
Sec. 1590. Section 135.63, subsection 1, Code 2023, is
amended to read as follows:
1. A new institutional health service or changed
institutional health service shall not be offered or developed
in this state without prior application to the department
for and receipt of a certificate of need, pursuant to this
subchapter part. The application shall be made upon forms
furnished or prescribed by the department and shall contain
such information as the department may require under this
subchapter part. The application shall be accompanied
by a fee equivalent to three-tenths of one percent of the
anticipated cost of the project with a minimum fee of six
hundred dollars and a maximum fee of twenty-one thousand
dollars. The fee shall be remitted by the department to the
treasurer of state, who shall place it in the general fund of
the state. If an application is voluntarily withdrawn within
thirty calendar days after submission, seventy-five percent
of the application fee shall be refunded; if the application
is voluntarily withdrawn more than thirty but within sixty
days after submission, fifty percent of the application fee
shall be refunded; if the application is withdrawn voluntarily
more than sixty days after submission, twenty-five percent of
the application fee shall be refunded. Notwithstanding the
required payment of an application fee under this subsection,
-988-an applicant for a new institutional health service or a
changed institutional health service offered or developed by
an intermediate care facility for persons with an intellectual
disability or an intermediate care facility for persons with
mental illness as defined pursuant to section 135C.1 is exempt
from payment of the application fee.
Sec. 1591. Section 135.63, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
This subchapter part shall not be construed to augment,
limit, contravene, or repeal in any manner any other statute
of this state which may authorize or relate to licensure,
regulation, supervision, or control of, nor to be applicable
to:
Sec. 1592. Section 135.63, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. A residential care facility, as defined in section
135C.1, including a residential care facility for persons with
an intellectual disability, notwithstanding any provision in
this subchapter part to the contrary.
Sec. 1593. Section 135.63, subsection 2, paragraph g,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
A reduction in bed capacity of an institutional health
facility, notwithstanding any provision in this subchapter part
to the contrary, if all of the following conditions exist:
Sec. 1594. Section 135.63, subsection 2, paragraph h,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The deletion of one or more health services, previously
offered on a regular basis by an institutional health facility
or health maintenance organization, notwithstanding any
provision of this subchapter part to the contrary, if all of
the following conditions exist:
Sec. 1595. Section 135.63, subsection 2, paragraph j, Code
2023, is amended to read as follows:
-989- j. The construction, modification, or replacement of
nonpatient care services, including parking facilities,
heating, ventilation and air conditioning systems, computers,
telephone systems, medical office buildings, and other projects
of a similar nature, notwithstanding any provision in this
subchapter part to the contrary.
Sec. 1596. Section 135.63, subsection 2, paragraph k,
subparagraph (1), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The redistribution of beds by a hospital within the acute
care category of bed usage, notwithstanding any provision in
this subchapter part to the contrary, if all of the following
conditions exist:
Sec. 1597. Section 135.63, subsection 2, paragraph l,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The replacement or modernization of any institutional health
facility if the replacement or modernization does not add new
health services or additional bed capacity for existing health
services, notwithstanding any provision in this subchapter
part to the contrary. With respect to a nursing facility,
“replacement” means establishing a new facility within the same
county as the prior facility to be closed. With reference to
a hospital, “replacement” means establishing a new hospital
that demonstrates compliance with all of the following criteria
through evidence submitted to the department:
Sec. 1598. Section 135.63, subsection 2, paragraphs m and n,
Code 2023, are amended to read as follows:
m. Hemodialysis services provided by a hospital or
freestanding facility, notwithstanding any provision in this
subchapter part to the contrary.
n. Hospice services provided by a hospital, notwithstanding
any provision in this subchapter part to the contrary.
Sec. 1599. Section 135.63, subsection 2, paragraph p,
unnumbered paragraph 1, Code 2023, is amended to read as
-990-follows:
The conversion of an existing number of beds by an
intermediate care facility for persons with an intellectual
disability to a smaller facility environment, including but not
limited to a community-based environment which does not result
in an increased number of beds, notwithstanding any provision
in this subchapter part to the contrary, including subsection
4, if all of the following conditions exist:
Sec. 1600. Section 135.63, subsection 3, Code 2023, is
amended to read as follows:
3. This subchapter part shall not be construed to be
applicable to a health care facility operated by and for the
exclusive use of members of a religious order, which does
not admit more than two individuals to the facility from the
general public, and which was in operation prior to July 1,
1986. However, this subchapter part is applicable to such
a facility if the facility is involved in the offering or
developing of a new or changed institutional health service on
or after July 1, 1986.
Sec. 1601. Section 135.63, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A copy of the application shall be sent to the department
of health and human services at the time the application
is submitted to the Iowa department of public health. The
department shall not process applications for and the council
shall not consider a new or changed institutional health
service for an intermediate care facility for persons with an
intellectual disability unless both of the following conditions
are met:
Sec. 1602. Section 135.64, subsection 3, Code 2023, is
amended to read as follows:
3. In the evaluation of applications for certificates
of need submitted by the university of Iowa hospitals and
clinics, the unique features of that institution relating to
statewide tertiary health care, health science education, and
-991-clinical research shall be given due consideration. Further,
in administering this subchapter part, the unique capacity of
university hospitals for the evaluation of technologically
innovative equipment and other new health services shall be
utilized.
Sec. 1603. Section 135.72, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department shall adopt, with approval of the council,
such administrative rules as are necessary to enable it to
implement this subchapter part. These rules shall include:
Sec. 1604. Section 135.73, subsection 1, Code 2023, is
amended to read as follows:
1. Any party constructing a new institutional health
facility or an addition to or renovation of an existing
institutional health facility without first obtaining a
certificate of need or, in the case of a mobile health service,
ascertaining that the mobile health service has received
certificate of need approval, as required by this subchapter
part, shall be denied licensure or change of licensure by the
appropriate responsible licensing agency of this state.
Sec. 1605. Section 135.73, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A party violating this subchapter part shall be subject
to penalties in accordance with this section. The
department shall adopt rules setting forth the violations by
classification, the criteria for the classification of any
violation not listed, and procedures for implementing this
subsection.
Sec. 1606. Section 135.73, subsection 3, Code 2023, is
amended to read as follows:
3. Notwithstanding any other sanction imposed pursuant
to this section, a party offering or developing any new
institutional health service or changed institutional health
service without first obtaining a certificate of need as
required by this subchapter part may be temporarily or
-992-permanently restrained from doing so by any court of competent
jurisdiction in any action brought by the state, any of its
political subdivisions, or any other interested person.
Sec. 1607. Section 135.74, subsection 3, Code 2023, is
amended to read as follows:
3. The department shall, where appropriate, provide for
modification, consistent with the purposes of this subchapter
part, of reporting requirements to correctly reflect the
differences among hospitals and among health care facilities
referred to in subsection 2, and to avoid otherwise unduly
burdensome costs in meeting the requirements of uniform methods
of financial reporting.
Sec. 1608. Section 135.75, subsection 2, Code 2023, is
amended to read as follows:
2. Where more than one licensed hospital or health
care facility is operated by the reporting organization,
the information required by this section shall be reported
separately for each licensed hospital or health care facility.
The department shall require preparation of specified financial
reports by a certified public accountant, and may require
attestation of responsible officials of the reporting hospital
or health care facility that the reports submitted are to the
best of their knowledge and belief prepared in accordance with
the prescribed methods of reporting. The department shall
have the right to inspect the books, audits and records of any
hospital or health care facility as reasonably necessary to
verify reports submitted pursuant to this subchapter part.
Sec. 1609. Section 135.76, subsection 1, Code 2023, is
amended to read as follows:
1. The department shall from time to time undertake analyses
and studies relating to hospital and health care facility
costs and to the financial status of hospitals or health care
facilities, or both, which are subject to the provisions of
this subchapter part. It shall further require the filing
of information concerning the total financial needs of each
-993-individual hospital or health care facility and the resources
currently or prospectively available to meet these needs,
including the effect of proposals made by health systems
agencies. The department shall also prepare and file such
summaries and compilations or other supplementary reports based
on the information filed with it as will, in its judgment,
advance the purposes of this subchapter part.
Sec. 1610. Section 135C.2, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. The rules adopted for intermediate care facilities for
persons with an intellectual disability shall be consistent
with, but no more restrictive than, the federal standards for
intermediate care facilities for persons with an intellectual
disability established pursuant to the federal Social Security
Act, §1905(c)(d), as codified in 42 U.S.C. §1396d, in effect on
January 1, 1989. However, in order for an intermediate care
facility for persons with an intellectual disability to be
licensed, the state fire marshal director must certify to the
department that the facility meets the applicable provisions
of the rules adopted for such facilities by the state fire
marshal director. The state fire marshal’s director’s rules
shall be based upon such a facility’s compliance with either
the provisions applicable to health care occupancies or
residential board and care occupancies of the life safety code
of the national fire protection association, 2000 edition. The
department shall adopt additional rules for intermediate care
facilities for persons with an intellectual disability pursuant
to section 135C.14, subsection 8.
Sec. 1611. Section 135C.2, subsection 5, paragraph b, Code
2023, is amended to read as follows:
b. A facility must be located in an area zoned for single or
multiple-family housing or in an unincorporated area and must
be constructed in compliance with applicable local requirements
and the rules adopted for the special classification by the
state fire marshal director in accordance with the concept of
-994-the least restrictive environment for the facility residents.
Local requirements shall not be more restrictive than the
rules adopted for the special classification by the state fire
marshal director and the state building code requirements for
single or multiple-family housing, under section 103A.7.
Sec. 1612. Section 135C.5, Code 2023, is amended to read as
follows:
135C.5 Limitations on use.
Another business or activity serving persons other than
the residents of a health care facility may be operated or
provided in a designated part of the physical structure of
the health care facility if the other business or activity
meets the requirements of applicable state and federal
laws, administrative rules, and federal regulations. The
department shall not limit the ability of a health care
facility to operate or provide another business or activity
in the designated part of the facility if the business or
activity does not interfere with the use of the facility by the
residents or with the services provided to the residents, and
is not disturbing to the residents. In denying the ability of
a health care facility to operate or provide another business
or activity under this section, the burden of proof shall be
on the department to demonstrate that the other business or
activity substantially interferes with the use of the facility
by the residents or the services provided to the residents,
or is disturbing to the residents. The state fire marshal
director, in accordance with chapter 17A, shall adopt rules
which establish criteria for approval of a business or activity
to be operated or provided in a designated part of the physical
structure of a health care facility. For the purposes of
this section, “another business or activity” shall not include
laboratory services with the exception of laboratory services
for which a waiver from regulatory oversight has been obtained
under the federal Clinical Laboratory Improvement Amendments of
1988, Pub.L. No.100-578, as amended, radiological services,
-995-anesthesiology services, obstetrical services, surgical
services, or emergency room services provided by hospitals
licensed under chapter 135B.
Sec. 1613. Section 135C.9, Code 2023, is amended to read as
follows:
135C.9 Inspection before issuance — notice of deficiencies.
1. The department shall not issue a health care facility
license to any applicant until:
a. The department has ascertained that the staff and
equipment of the facility is adequate to provide the care and
services required of a health care facility of the category
for which the license is sought. Prior to the review and
approval of plans and specifications for any new facility
and the initial licensing under a new licensee, a resume of
the programs and services to be furnished and of the means
available to the applicant for providing the same and for
meeting requirements for staffing, equipment, and operation
of the health care facility, with particular reference to the
professional requirements for services to be rendered, shall be
submitted in writing to the department for review and approval.
The resume shall be reviewed by the department within ten
working days and returned to the applicant. The resume shall,
upon the department’s request, be revised as appropriate by the
facility from time to time after issuance of a license.
b. The facility has been inspected by the state fire marshal
or a deputy appointed by the fire marshal for that purpose
director, who may be a member of a municipal fire department,
and the department has received either a certificate of
compliance or a provisional certificate of compliance by
the facility with the fire hazard and fire safety rules and
standards of the department as promulgated by the fire marshal
director and, where applicable, the fire safety standards
required for participation in programs authorized by either
Tit.XVIII or Tit.XIX of the United States Social Security
Act, codified at 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The
-996-certificate or provisional certificate shall be signed by the
fire marshal director or the fire marshal’s deputy director’s
designee who made the inspection. If the state fire marshal
or a deputy director finds a deficiency upon inspection, the
notice to the facility shall be provided in a timely manner
and shall specifically describe the nature of the deficiency,
identifying the Code section or subsection or the rule or
standard violated. The notice shall also specify the time
allowed for correction of the deficiency, at the end of which
time the fire marshal or a deputy director shall perform a
follow-up inspection.
2. The rules and standards promulgated by the fire marshal
director pursuant to subsection 1, paragraph “b” of this section
shall be substantially in keeping with the latest generally
recognized safety criteria for the facilities covered, of which
the applicable criteria recommended and published from time
to time by the national fire protection association shall be
prima facie evidence. The rules and standards promulgated by
the fire marshal director shall be promulgated in consultation
with the department and shall, to the greatest extent possible,
be consistent with rules adopted by the department under this
chapter.
3. The state fire marshal or the fire marshal’s deputy
director may issue successive provisional certificates of
compliance for periods of one year each to a facility which is
in substantial compliance with the applicable fire hazard and
fire safety rules and standards, upon satisfactory evidence
of an intent, in good faith, by the owner or operator of the
facility to correct the deficiencies noted upon inspection
within a reasonable period of time as determined by the state
fire marshal or the fire marshal’s deputy director. Renewal
of a provisional certificate shall be based on a showing
of substantial progress in eliminating deficiencies noted
upon the last previous inspection of the facility without
the appearance of additional deficiencies other than those
-997-arising from changes in the fire hazard and fire safety rules,
regulations and standards which have occurred since the last
previous inspection, except that substantial progress toward
achievement of a good faith intent by the owner or operator to
replace the entire facility within a reasonable period of time,
as determined by the state fire marshal or the fire marshal’s
deputy director, may be accepted as a showing of substantial
progress in eliminating deficiencies, for the purposes of this
section.
4. If a facility subject to licensure under this chapter,
a facility exempt from licensure under this chapter pursuant
to section 135C.6, or a family home under section 335.25
or 414.22, has been issued a certificate of compliance or
a provisional certificate of compliance under subsection
1 or 3, or has otherwise been approved as complying with
a rule or standard by the state or a deputy fire marshal
the director or a local building department as defined in
section 103A.3, the state or deputy fire marshal director
or local building department which issued the certificate,
provisional certificate, or approval shall not apply additional
requirements for compliance with the rule or standard unless
the rule or standard is revised in accordance with chapter 17A
or with local regulatory procedure following issuance of the
certificate, provisional certificate, or approval.
Sec. 1614. Section 135C.14, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The department shall, in accordance with chapter 17A
and with the approval of the state board of health, adopt
and enforce rules setting minimum standards for health care
facilities. In so doing, the department, with the approval
of the state board of health, may adopt by reference, with
or without amendment, nationally recognized standards and
rules, which shall be specified by title and edition, date
of publication, or similar information. The rules and
standards required by this section shall be formulated in
-998-consultation with the director of health and human services or
the director’s director of health and human services’ designee,
with the state fire marshal director, and with affected
industry, professional, and consumer groups, and shall be
designed to further the accomplishment of the purposes of this
chapter and shall relate to:
Sec. 1615. Section 135C.14, subsection 1, Code 2023, is
amended to read as follows:
1. Location and construction of the facility, including
plumbing, heating, lighting, ventilation, and other housing
conditions, which shall ensure the health, safety and comfort
of residents and protection from fire hazards. The rules of
the department relating to protection from fire hazards and
fire safety shall be promulgated by the state fire marshal
director in consultation with the department, and shall be in
keeping with the latest generally recognized safety criteria
for the facilities covered of which the applicable criteria
recommended and published from time to time by the national
fire protection association are prima facie evidence. To
the greatest extent possible, the rules promulgated by the
state fire marshal director shall be consistent with the rules
adopted by the department under this chapter.
Sec. 1616. Section 135C.16, subsection 3, Code 2023, is
amended to read as follows:
3. An authorized representative of the department may
enter any licensed health care facility without a warrant,
and may examine all records pertaining to the care provided
residents of the facility. An authorized representative of the
department may contact or interview any resident, employee, or
any other person who might have knowledge about the operation
of a health care facility. An authorized representative of
the department of human services shall have the same right
with respect to any facility where one or more residents are
cared for entirely or partially at public expense, and an
authorized representative of the designated protection and
-999-advocacy agency shall have the same right with respect to
any facility where one or more residents have developmental
disabilities or mental illnesses, and the state fire marshal or
a deputy appointed pursuant to section 135C.9, subsection 1,
paragraph “b”, director shall have the same right of entry into
any facility and the right to inspect any records pertinent
to fire safety practices and conditions within that facility,
and an authorized representative of the office of long-term
care ombudsman shall have the same right with respect to any
nursing facility or residential care facility. If any such
authorized representative has probable cause to believe that
any institution, building, or agency not licensed as a health
care facility is in fact a health care facility as defined
by this chapter, and upon producing identification that the
individual is an authorized representative is denied entry
thereto for the purpose of making an inspection, the authorized
representative may, with the assistance of the county attorney
of the county in which the purported health care facility is
located, apply to the district court for an order requiring
the owner or occupant to permit entry and inspection of the
premises to determine whether there have been any violations of
this chapter.
Sec. 1617. Section 135C.17, Code 2023, is amended to read
as follows:
135C.17 Duties of other departments.
It shall be the duty of the department of human services,
state fire marshal, office of long-term care ombudsman, and
the officers and agents of other state and local governmental
units, and the designated protection and advocacy agency to
assist the department in carrying out the provisions of this
chapter, insofar as the functions of these respective offices
and departments are concerned with the health, welfare, and
safety of any resident of any health care facility. It shall
be the duty of the department to cooperate with the protection
and advocacy agency and the office of long-term care ombudsman
-1000-by responding to all reasonable requests for assistance and
information as required by federal law and this chapter.
Sec. 1618. Section 135I.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1619. Section 135K.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1620. Section 136D.2, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
2. “Director” means the director of public health the
department of inspections, appeals, and licensing, or the
director’s designee.
Sec. 1621. Section 137C.35, subsection 2, Code 2023, is
amended to read as follows:
2. A bed and breakfast inn is subject to regulation,
licensing, and inspection under this chapter, but separate
toilet and lavatory facilities shall not be required for each
guest room. Additionally, a bed and breakfast inn is exempt
from fire safety rules adopted pursuant to section 100.35 and
applicable to hotels, but is subject to fire safety rules which
the state fire marshal director shall specifically adopt for
bed and breakfast inns.
Sec. 1622. Section 138.1, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
5. “Director” means the director of public health the
department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1623. Section 147.1, subsection 2, Code 2023, is
-1001-amended to read as follows:
2. “Department” means the department of public health
inspections, appeals, and licensing.
Sec. 1624. Section 147.82, Code 2023, is amended to read as
follows:
147.82 Fee retention.
All fees collected by a board listed in section 147.13 or
by the department for the bureau of professional licensure,
and fees collected pursuant to sections 124.301 and 147.80 and
chapter 155A by the board of pharmacy, shall be retained by
each board or by the department for the bureau of professional
licensure. The moneys retained by a board shall be used for
any of the board’s duties, including but not limited to the
addition of full-time equivalent positions for program services
and investigations. Revenues retained by a board pursuant
to this section shall be considered repayment receipts as
defined in section 8.2. Notwithstanding section 8.33, moneys
retained by a board pursuant to this section are not subject to
reversion to the general fund of the state.
Sec. 1625. Section 148C.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of public health
inspections, appeals, and licensing.
Sec. 1626. Section 152B.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1627. Section 154A.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1628. Section 154B.8, Code 2023, is amended to read as
follows:
154B.8 Voluntary surrender of license.
The director of public health the department of inspections,
-1002-appeals, and licensing may accept the voluntary surrender of
license if accompanied by a written statement of intention.
The voluntary surrender, when accepted, shall have the same
force and effect as an order of revocation.
Sec. 1629. Section 154B.13, subsection 2, Code 2023, is
amended to read as follows:
2. The board shall appoint a prescribing psychologist
rules subcommittee comprised of a psychologist appointed by
the board, a physician appointed by the board of medicine, and
a member of the public appointed by the director of public
health the department of inspections, appeals, and licensing to
develop rules for consideration by the board pursuant to this
section.
Sec. 1630. Section 154E.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1631. Section 155A.13, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. An applicant seeking a special or limited-use pharmacy
license for a proposed telepharmacy site that does not meet the
mileage requirement established in paragraph “c” and is not
statutorily exempt from the mileage requirement may apply to
the board for a waiver of the mileage requirement. A waiver
request shall only be granted if the applicant can demonstrate
to the board that the proposed telepharmacy site is located in
an area where there is limited access to pharmacy services and
can establish the existence of compelling circumstances that
justify waiving the mileage requirement. The board’s decision
to grant or deny a waiver request shall be a proposed decision
subject to mandatory review by the director of public health
the department of inspections, appeals, and licensing. The
director shall review a proposed decision and shall have the
power to approve, modify, or veto a proposed decision. The
director’s decision on a waiver request shall be considered
-1003-final agency action subject to judicial review under chapter
17A.
Sec. 1632. Section 156.1A, Code 2023, is amended to read as
follows:
156.1A Provision of services.
Nothing contained in this chapter shall be construed
as prohibiting the operation of any funeral home, funeral
establishment, or cremation establishment by any person,
heir, fiduciary, firm, cooperative burial association, or
corporation. However, each such person, firm, cooperative
burial association, or corporation shall ensure that
all mortuary science services are provided by a funeral
director, and shall keep the Iowa department of public health
inspections, appeals, and licensing advised of the name of the
funeral director.
Sec. 1633. Section 156.10, Code 2023, is amended to read as
follows:
156.10 Inspection.
1. The director of public health the department of
inspections, appeals, and licensing may inspect all places
where dead human bodies are prepared or held for burial,
entombment, or cremation, and may adopt and enforce such rules
and regulations in connection with the inspection as may be
necessary for the preservation of the public health.
2. The Iowa department of public health inspections,
appeals, and licensing may assess an inspection fee for an
inspection of a place where dead human bodies are prepared
for burial or cremation. The fee may be determined by the
department by rule.
Sec. 1634. Section 157.1, subsection 7, Code 2023, is
amended to read as follows:
7. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1635. Section 157.7, subsections 1 and 2, Code 2023,
are amended to read as follows:
-1004- 1. The department of inspections and appeals shall
employ personnel pursuant to chapter 8A, subchapter IV, to
perform duties related to inspection functions under this
chapter. The department of inspections and appeals shall, when
possible, integrate inspection efforts under this chapter with
inspections conducted under chapter 158.
2. The Iowa department of public health may employ clerical
assistants pursuant to chapter 8A, subchapter IV, to administer
and enforce this chapter. The costs and expenses of the
clerical assistants shall be paid from funds appropriated to
the department of public health.
Sec. 1636. Section 158.1, subsection 6, Code 2023, is
amended to read as follows:
6. “Department” means the Iowa department of public health
inspections, appeals, and licensing.
Sec. 1637. Section 158.6, Code 2023, is amended to read as
follows:
158.6 Inspectors and clerical assistants.
1. The department of inspections and appeals shall
employ personnel pursuant to chapter 8A, subchapter IV, to
perform duties related to inspection functions under this
chapter. The department of inspections and appeals shall, when
possible, integrate inspection efforts under this chapter with
inspections conducted under chapter 157.
2. The Iowa department of public health may employ clerical
assistants pursuant to chapter 8A, subchapter IV, to administer
and enforce this chapter. The costs and expenses of the
clerical assistants shall be paid from funds appropriated to
the department of public health.
Sec. 1638. Section 214A.35, subsection 2, paragraph g, Code
2023, is amended to read as follows:
g. The department of agriculture and land stewardship may
cooperate with the department of natural resources and the
state fire marshal department of inspections, appeals, and
licensing in administering and enforcing the provisions of this
-1005-section.
Sec. 1639. Section 218.4, subsection 3, Code 2023, is
amended to read as follows:
3. The state fire marshal department of inspections,
appeals, and licensing shall cause to be made an annual
inspection of all the institutions listed in section 218.1
and shall make written report thereof to the particular
administrator of the state department of human services in
control of such institution.
Sec. 1640. Section 231B.4, Code 2023, is amended to read as
follows:
231B.4 Zoning — fire and safety standards.
An elder group home shall be located in an area zoned
for single-family or multiple-family housing or in an
unincorporated area and shall be constructed in compliance with
applicable local housing codes and the rules adopted for the
special classification by the state fire marshal department.
In the absence of local building codes, the facility shall
comply with the state plumbing code established pursuant to
section 135.11 and the state building code established pursuant
to section 103A.7 and the rules adopted for the special
classification by the state fire marshal department. The
rules adopted for the special classification by the state fire
marshal department regarding second floor occupancy shall be
adopted in consultation with the department and shall take into
consideration the mobility of the tenants.
Sec. 1641. Section 231C.4, Code 2023, is amended to read as
follows:
231C.4 Fire and safety standards.
The state fire marshal department shall adopt rules, in
coordination with the department, relating to the certification
and monitoring of the fire and safety standards of certified
assisted living programs.
Sec. 1642. Section 231D.15, Code 2023, is amended to read
as follows:
-1006- 231D.15 Fire and safety standards.
The state fire marshal department shall adopt rules, in
coordination with the department, relating to the certification
and monitoring of the fire and safety standards of adult day
services programs.
Sec. 1643. Section 235A.15, subsection 2, paragraph d,
subparagraph (7), Code 2023, is amended to read as follows:
(7) Each licensing board specified under chapter 147 and
the Iowa department of public health inspections, appeals,
and licensing for the purpose of licensure, certification or
registration, disciplinary investigation, or the renewal of
licensure, certification or registration, or disciplinary
proceedings of health care professionals.
Sec. 1644. Section 237.3, subsection 3, Code 2023, is
amended to read as follows:
3. Rules governing fire safety in facilities with child
foster care provided by agencies shall be promulgated by the
state fire marshal director of the department of inspections,
appeals, and licensing pursuant to section 100.1, subsection 5
10A.511 after consultation with the administrator.
Sec. 1645. Section 237A.3A, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. In consultation with the state fire marshal director
of the department of inspections, appeals, and licensing, the
department shall adopt rules relating to the provision of fire
extinguishers, smoke detectors, and two exits accessible to
children in a child development home.
Sec. 1646. Section 237A.4, Code 2023, is amended to read as
follows:
237A.4 Inspection and evaluation.
The department shall make periodic inspections of licensed
centers to ensure compliance with licensing requirements
provided in this chapter, and the local boards of health
may make periodic inspections of licensed centers to ensure
compliance with health-related licensing requirements provided
-1007-in this chapter. The department may inspect records maintained
by a licensed center and may inquire into matters concerning
these centers and the persons in charge. The department
shall require that the center be inspected by the state fire
marshal director of the department of inspections, appeals,
and licensing or a designee for compliance with rules relating
to fire safety before a license is granted or renewed. The
department or a designee may periodically visit registered
child development homes for the purpose of evaluation of an
inquiry into matters concerning compliance with rules adopted
under section 237A.12. Evaluation of child development homes
under this section may include consultative services provided
pursuant to section 237A.6.
Sec. 1647. Section 237A.12, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. Rules adopted by the state fire marshal director of
the department of inspections, appeals, and licensing for
buildings, other than school buildings, used as child care
centers as an adjunct to the primary purpose of the building
shall take into consideration that children are received for
temporary care only and shall not differ from rules adopted
for these buildings when they are used by groups of persons
congregating from time to time in the primary use and occupancy
of the buildings. However, the rules may require a fire-rated
separation from the remaining portion of the building if
the fire marshal director of the department of inspections,
appeals, and licensing determines that the separation is
necessary for the protection of children from a specific
flammable hazard.
3. Rules relating to fire safety for child care centers
shall be adopted under this chapter by the state fire marshal
director of the department of inspections, appeals, and
licensing in consultation with the department. Rules adopted
by the state fire marshal director of the department of
inspections, appeals, and licensing for a building which is
-1008-owned or leased by a school district or accredited nonpublic
school and used as a child care facility shall not differ from
standards adopted by the state fire marshal director of the
department of inspections, appeals, and licensing for school
buildings under chapter 100 10A, subchapter V, part 2. Rules
relating to sanitation shall be adopted by the department in
consultation with the director of public health. All rules
shall be developed in consultation with the state child care
advisory committee. The state fire marshal director of the
department of inspections, appeals, and licensing shall inspect
the facilities.
4. If a building is owned or leased by a school district
or accredited nonpublic school and complies with standards
adopted by the state fire marshal director of the department
of inspections, appeals, and licensing for school buildings
under chapter 100 10A, subchapter V, part 2, the building is
considered appropriate for use by a child care facility. The
rules adopted by the administrator under this section shall not
require the facility to comply with building requirements which
differ from requirements for use of the building as a school.
Sec. 1648. Section 237C.4, subsection 2, Code 2023, is
amended to read as follows:
2. Before the administrator department issues or reissues a
certificate of approval to a children’s residential facility
under section 237C.6, the facility shall comply with standards
adopted by the state fire marshal director of the department
of inspections, appeals, and licensing under chapter 100 10A,
subchapter V, part 2.
Sec. 1649. Section 237C.6, subsection 2, Code 2023, is
amended to read as follows:
2. The certificate of approval shall state on its face the
name of the holder of the certificate, the particular premises
for which the certificate is issued, and the number of children
who may be cared for by the children’s residential facility on
the premises at one time under the certificate of occupancy
-1009-issued by the state fire marshal director of the department of
inspections, appeals, and licensing or the state fire marshal’s
director’s designee. The certificate of approval shall be
posted in a conspicuous place in the children’s residential
facility.
Sec. 1650. Section 261B.11, subsection 1, paragraph m, Code
2023, is amended to read as follows:
m. Higher education institutions located in Iowa whose
massage therapy curriculum is approved under administrative
rules of the professional licensure division of the department
of public health inspections, appeals, and licensing and whose
instructors are licensed massage therapists under chapter 152C.
Sec. 1651. Section 262.33A, Code 2023, is amended to read
as follows:
262.33A Fire and environmental safety — report —
expenditures.
It is the intent of the general assembly that each
institution of higher education under the control of the state
board of regents shall, in consultation with the state fire
marshal director of the department of inspections, appeals,
and licensing, identify and correct all critical fire and
environmental safety deficiencies. Commencing July 1, 1993,
each institution under the control of the state board of
regents shall expend annually for fire safety and deferred
maintenance at least the amount budgeted for these purposes
for the fiscal year beginning July 1, 1992, in addition to any
moneys appropriated from the general fund for these purposes in
succeeding years.
Sec. 1652. Section 272C.1, subsection 6, paragraphs af and
ag, Code 2023, are amended to read as follows:
af. The department of public safety inspections, appeals,
and licensing, in licensing fire protection system installers
and maintenance workers pursuant to chapter 100D.
ag. The superintendent of the division of banking director
of the department of commerce inspections, appeals, and
-1010-licensing in registering and supervising appraisal management
companies pursuant to chapter 543E.
Sec. 1653. Section 272C.3, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. All health care boards shall file written decisions
which specify the sanction entered by the board with the Iowa
department of public health inspections, appeals, and licensing
which shall be available to the public upon request. All
non-health care boards shall have on file the written and
specified decisions and sanctions entered by the board and
shall be available to the public upon request.
Sec. 1654. Section 272C.4, subsection 9, Code 2023, is
amended to read as follows:
9. Require each health care licensing board to file with
the Iowa department of public health inspections, appeals,
and licensing a copy of each decision of the board imposing
licensee discipline. Each non-health care board shall have on
file a copy of each decision of the board imposing licensee
discipline which copy shall be properly dated and shall be in
simple language and in the most concise form consistent with
clearness and comprehensiveness of subject matter.
Sec. 1655. Section 279.49, subsection 3, Code 2023, is
amended to read as follows:
3. The facilities housing a program operated under this
section shall comply with standards adopted by the state fire
marshal director of the department of inspections, appeals,
and licensing for school buildings under chapter 100 10A,
subchapter V, part 2. In addition, if a program involves
children who are younger than school age, the facilities
housing those children shall meet the fire safety standards
which would apply to that age of child in a child care facility
licensed by the department of human services.
Sec. 1656. Section 292.2, subsection 7, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department shall form a task force to review
-1011-applications for financial assistance and provide
recommendations to the school budget review committee. The
task force shall include, at a minimum, representatives from
the kindergarten through grade twelve education community, the
state fire marshal director of the department of inspections,
appeals, and licensing, and individuals knowledgeable in school
infrastructure and construction issues. The department,
in consultation with the task force, shall establish the
parameters and the details of the criteria for awarding grants
based on the information listed in subsection 3, including
greater priority to the following:
Sec. 1657. Section 323.4A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Using a dispenser to dispense ethanol blended gasoline,
including gasoline with a specified blend or a range of
blends under chapter 214A, if the dispenser is approved as
required by the state fire marshal director of the department
of inspections, appeals, and licensing for dispensing the
specified blend or range of blends, including as provided in
section 455G.31.
Sec. 1658. Section 423E.6, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. The funds shall be allocated to the school budget
review committee to develop a school infrastructure safety
fund grant program, in conjunction with the state fire marshal
director of the department of inspections, appeals, and
licensing. For purposes of reviewing grant applications and
making recommendations regarding the administration of the
program, the state fire marshal director of the department of
inspections, appeals, and licensing shall be considered an
additional voting member of the school budget review committee.
3. Top priority in awarding program grants shall be the
making of school infrastructure improvements relating to fire
and personal safety. School districts eligible for program
grants shall have received an order or citation from the
-1012-state fire marshal director of the department of inspections,
appeals, and licensing, or a fire department chief or fire
prevention officer, for one or more fire safety violations
regarding a school facility, or in the opinion of the state
fire marshal director of the department of inspections,
appeals, and licensing shall be regarded as operating
facilities subject to significant fire safety deficiencies.
Grant awards shall also be available for defects or violations
of the state building code, as adopted pursuant to section
103A.7, revealed during an inspection of school facilities by
a local building department, or for improvements consistent
with the standards and specifications contained in the state
building code regarding ensuring that buildings and facilities
are accessible to and functional for persons with disabilities.
The school budget review committee shall allocate program
funds to school districts which, in its discretion, are
determined to be faced with the most severe deficiencies.
School districts applying for program grants shall have
developed and submitted to the state fire marshal director of
the department of inspections, appeals, and licensing or local
building department a written plan to remedy fire or safety
defects within a specified time frame. Approval of the written
plan by the state fire marshal director of the department
of inspections, appeals, and licensing or local building
department shall be obtained prior to receipt of a grant award
by a school district.
4. Application forms, submission dates for applications and
for written plans to remedy fire or safety defects, and grant
award criteria shall be developed by the state department of
education, in coordination with the state fire marshal director
of the department of inspections, appeals, and licensing, by
rule.
Sec. 1659. Section 455B.390, subsection 3, Code 2023, is
amended to read as follows:
3. The storage, transportation, handling, or use of
-1013-flammable liquids, combustibles, and explosives, control over
which is exercised by the state fire marshal director of the
department of inspections, appeals, and licensing under chapter
100 10A, subchapter V, part 2.
Sec. 1660. Section 455B.474, subsection 10, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Requirements that persons and companies performing or
providing services for underground storage tank installations,
installation inspections, testing, permanent closure of
underground storage tanks by removal or filling in place, and
other closure activities as defined by rules adopted by the
commission be certified by the department. This provision does
not apply to persons performing services in their official
capacity and as authorized by the state fire marshal’s office
department of inspections, appeals, and licensing or fire
departments of political subdivisions of the state. The rules
adopted by the commission shall include all of the following:
Sec. 1661. Section 455B.474, subsection 10, paragraph c,
Code 2023, is amended to read as follows:
c. Requiring a written examination developed and
administered by the department or by some other qualified
public or private entity identified by the department.
The department may contract with a public or private
entity to administer the department’s examination or a
department-approved third party examination. The examination
shall, at a minimum, be sufficient to establish knowledge of
all applicable underground storage tank rules adopted under
this section, private industry standards, federal standards,
and other applicable standards adopted by the state fire
marshal’s office department of inspections, appeals, and
licensing pursuant to chapter 101.
Sec. 1662. Section 455G.31, subsection 2, Code 2023, is
amended to read as follows:
2. Subject to section 455G.32, a retail dealer may use
gasoline storage and dispensing infrastructure to store and
-1014-dispense ethanol blended gasoline classified as E-9 or higher
if the department under this subchapter or the state fire
marshal director of the department of inspections, appeals,
and licensing under chapter 101 determines that the gasoline
infrastructure is compatible with the classification of ethanol
blended gasoline being used.
Sec. 1663. Section 455G.33, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. Approved by the department or state fire marshal director
of the department of inspections, appeals, and licensing
subject to conditions determined necessary by the department or
state fire marshal director of the department of inspections,
appeals, and licensing. The department or state fire marshal
director of the department of inspections, appeals, and
licensing may waive the requirement in paragraph “a” upon
satisfaction that a substitute requirement serves the same
purpose.
Sec. 1664. Section 542.4, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An Iowa accountancy examining board is created within the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing to administer and enforce this chapter.
Sec. 1665. Section 542.4, subsection 6, Code 2023, is
amended to read as follows:
6. The administrator director of the professional licensing
and regulation bureau of the banking division of the department
of commerce inspections, appeals, and licensing shall provide
staffing assistance to the board for implementing this chapter.
Sec. 1666. Section 542B.3, Code 2023, is amended to read as
follows:
542B.3 Engineering and land surveying examining board
created.
An engineering and land surveying examining board is
created within the professional licensing and regulation
-1015-bureau of the banking division of the department of commerce
inspections, appeals, and licensing. The board consists of
three members who are licensed professional engineers, two
members who are licensed professional land surveyors, and
two members who are not licensed professional engineers or
licensed professional land surveyors and who shall represent
the general public. An individual who is licensed as both
a professional engineer and a professional land surveyor may
serve to satisfy the board membership requirement for either
a licensed professional engineer or a licensed professional
land surveyor, but not both. Members shall be appointed
by the governor subject to confirmation by the senate. A
licensed member shall be actively engaged in the practice of
engineering or land surveying and shall have been so engaged
for five years preceding the appointment, the last two of which
shall have been in Iowa. Insofar as practicable, licensed
engineer members of the board shall be from different branches
of the profession of engineering. Professional associations
or societies composed of licensed engineers or licensed land
surveyors may recommend the names of potential board members
whose profession is representative of that association or
society to the governor. However, the governor is not bound by
the recommendations. A board member shall not be required to
be a member of any professional association or society composed
of professional engineers or professional land surveyors.
Sec. 1667. Section 542B.9, Code 2023, is amended to read as
follows:
542B.9 Organization of the board — staff.
The board shall elect annually from its members a
chairperson and a vice chairperson. The administrator director
of the professional licensing and regulation bureau of the
banking division of the department of commerce inspections,
appeals, and licensing shall hire and provide staff to assist
the board in implementing this chapter. The board shall hold
at least one meeting at the location of the board’s principal
-1016-office, and meetings shall be called at other times by the
administrator director or the director’s designee at the
request of the chairperson or four members of the board. At
any meeting of the board, a majority of members constitutes a
quorum.
Sec. 1668. Section 543B.8, subsections 1 and 5, Code 2023,
are amended to read as follows:
1. A real estate commission is created within the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing. The commission consists of five members
licensed under this chapter and two members not licensed under
this chapter and who shall represent the general public.
Commission members shall be appointed by the governor subject
to confirmation by the senate.
5. The administrator director of the professional licensing
and regulation bureau of the banking division department of
inspections, appeals, and licensing shall hire and provide
staff to assist the commission with implementing this chapter.
The administrator of the professional licensing and regulation
bureau of the banking division of the department of commerce
and shall hire a real estate education director to assist
the commission in administering education programs for the
commission.
Sec. 1669. Section 543B.14, Code 2023, is amended to read
as follows:
543B.14 Fees and expenses.
All fees and charges collected by the real estate commission
under this chapter shall be paid into the general fund of the
state, except that twenty-five dollars from each real estate
salesperson’s license fee and each broker’s license fee is
appropriated to the professional licensing and regulation
bureau of the banking division of the department of commerce
shall be appropriated to the department of inspections,
appeals, and licensing for the purpose of hiring and
-1017-compensating a real estate education director and regulatory
compliance personnel. All expenses incurred by the commission
under this chapter, including compensation of staff assigned
to the commission, shall be paid from funds appropriated for
those purposes.
Sec. 1670. Section 543D.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 9A. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1671. Section 543D.2, subsection 14, Code 2023, is
amended by striking the subsection.
Sec. 1672. Section 543D.4, subsection 1, Code 2023, is
amended to read as follows:
1. A real estate appraiser examining board is established
within the banking division of the department of commerce
inspections, appeals, and licensing. The board consists of
seven members, two of whom shall be public members and five of
whom shall be certified real estate appraisers.
Sec. 1673. Section 543D.5, subsection 1, Code 2023, is
amended to read as follows:
1. The board shall adopt rules establishing uniform
appraisal standards and appraiser certification requirements
and other rules necessary to administer and enforce this
chapter and its responsibilities under chapter 272C, subject to
the superintendent’s director’s supervision and authority under
section 543D.23. The board shall consider and may incorporate
any standards required or recommended by the appraisal
foundation or by a federal agency with regulatory authority
over appraisal standards or the certification of appraisers for
federally related transactions.
Sec. 1674. Section 543D.6, subsection 2, Code 2023, is
amended to read as follows:
2. All fees collected by the board shall be deposited into
the department of commerce revolving fund created in section
-1018-546.12 and are appropriated to the superintendent director on
behalf of the board to be used to administer this chapter,
including but not limited to purposes such as examinations,
investigations, and administrative staffing. Notwithstanding
section 8.33, moneys retained by the superintendent director
pursuant to this section are not subject to reversion to the
general fund of the state. However, the appraisal management
company national registry fees the board collects on behalf of
the appraisal subcommittee as defined in section 543E.3 shall
be transmitted to the appraisal subcommittee in accordance with
federal laws and regulations.
Sec. 1675. Section 543D.23, Code 2023, is amended to read
as follows:
543D.23 Superintendent Director supervision and authority.
1. The superintendent director shall supervise the
board and manage the board’s budget and retained fees.
The superintendent director may exercise all authority
conferred upon the board under this chapter and shall have
access to all records and information to which the board
has access. In supervising the board, the superintendent
director shall independently evaluate the substantive merits
of actions recommended or proposed by the board which may
be anticompetitive and shall have the authority to review,
approve, modify, or reject all board actions including but not
limited to those taken in connection with any of the following:
a. Initial or reciprocal certification of real estate
appraisers, registration of associate real estate appraisers,
and temporary practice permits.
b. Disciplinary investigations and proceedings.
c. Investigations and proceedings under section 543D.21.
d. Rulemaking under chapter 17A, including orders on
petitions for rulemaking.
e. Orders on petitions for declaratory orders or waivers.
2. A person aggrieved by any final action of the board taken
under this chapter shall not have exhausted administrative
-1019-remedies until the person has appealed the action to the
superintendent director and the superintendent director has
issued a final decision or order.
3. The superintendent director shall adopt rules to
implement this section.
Sec. 1676. Section 543E.3, subsection 1, Code 2023, is
amended by striking the subsection.
Sec. 1677. Section 543E.3, subsection 8, Code 2023, is
amended to read as follows:
8. “Appraiser panel” means a network, list, or roster of
certified appraisers who are independent contractors with
an appraisal management company and who have been selected
and approved by the appraisal management company to perform
appraisals directly for the appraisal management company or
for persons that have ordered appraisals through the appraisal
management company. Appraisers on an appraisal management
company’s appraiser panel may include both appraisers engaged
to perform one or more appraisals for covered transactions or
for secondary mortgage market participants in connection with
covered transactions, and appraisers accepted by the appraisal
management company for consideration for future appraisal
assignments for such purposes, as the administrator director
may further provide by rule.
Sec. 1678. Section 543E.3, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 13A. “Director” means the director of
the department of inspections, appeals, and licensing or the
director’s designee.
Sec. 1679. Section 543E.4, Code 2023, is amended to read as
follows:
543E.4 Registration required.
A person shall not directly or indirectly engage in or
attempt to engage in business as an appraisal management
company or advertise or hold itself out as engaging in or
conducting business as an appraisal management company in
-1020-this state without first registering with the administrator
director.
Sec. 1680. Section 543E.6, subsection 2, Code 2023, is
amended to read as follows:
2. A person who directly or indirectly owns more than
ten percent of an appraisal management company in this
state shall be of good moral character, as prescribed by
rules adopted by the administrator director consistent with
applicable federal law and regulations, and shall submit to a
background investigation, as prescribed by rules adopted by the
administrator director consistent with applicable federal law
and regulations.
Sec. 1681. Section 543E.7, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An appraisal management company registered or applying
for registration in this state shall designate a controlling
person who shall be the main contact for all communications
between the administrator director and the appraisal management
company, and who shall be responsible for assuring the
appraisal management company complies with the provisions of
this chapter when performing appraisal management services in
connection with real estate located in this state.
3. The designated controlling person shall be of good moral
character, as prescribed by rules adopted by the administrator
director consistent with applicable federal law and
regulations, and shall submit to a background investigation,
as prescribed by rules adopted by the administrator director
consistent with applicable federal law and regulations.
Sec. 1682. Section 543E.8, subsection 1, Code 2023, is
amended to read as follows:
1. An application for registration as an appraisal
management company shall be submitted on a form prescribed by
the administrator director.
Sec. 1683. Section 543E.8, subsection 2, paragraphs b, c,
and f, Code 2023, are amended to read as follows:
-1021- b. The names and contact information for all persons
who directly or indirectly own more than ten percent of the
applicant and for the controlling person designated pursuant
to section 543E.7, and such additional information the
administrator director may need to enforce section 543E.6,
subsection 1.
c. Information as reasonably necessary to establish the size
of the applicant’s nationwide and Iowa appraiser panels, in
accordance with rules adopted by the administrator director.
f. Any additional information that is reasonably needed
for the administrator director to implement the provisions of
this chapter and assure that the applicant is eligible for
registration under this chapter.
Sec. 1684. Section 543E.9, Code 2023, is amended to read as
follows:
543E.9 Registration renewal.
1. A registration issued under this chapter shall be valid
for one year as provided by rule.
2. An application to renew registration shall be submitted
in the form and in the manner prescribed by the administrator
director. The administrator director may further require
periodic disclosures of changes impacting registration, such as
a change in ownership or the designated controlling person.
3. An application to renew registration shall contain the
information described in section 543E.8, subsection 2.
4. A registration issued under this chapter shall lapse if
not timely renewed, in accordance with rules adopted by the
administrator director.
5. A person holding a lapsed registration shall not directly
or indirectly engage in or attempt to engage in business as an
appraisal management company or advertise or hold itself out as
engaging in or conducting business as an appraisal management
company in this state until the registration has been
reinstated under the process prescribed by the administrator
director by rule.
-1022- Sec. 1685. Section 543E.10, Code 2023, is amended to read
as follows:
543E.10 Fees.
1. The administrator director shall by rule establish fees
for registration, renewal, reinstatement, and such additional
fees as are reasonably necessary for the administration of this
chapter. The fees shall be established in consideration of
the costs of administering this chapter and the actual cost
of the specific service to be provided or performed. The
administrator director shall periodically review and adjust the
schedule of fees as needed to cover projected expenses.
2. Except as provided in subsection 3, all fees collected
under this chapter shall be deposited into the department of
commerce revolving fund created in section 546.12 and are
appropriated to the administrator director to be used to
administer this chapter including but not limited to purposes
such as examinations, investigations, and administrative
staffing. Notwithstanding section 8.33, moneys appropriated
pursuant to this subsection are not subject to reversion to the
general fund of the state.
3. The administrator director shall also collect the
appraisal management company national registry fee from each
appraisal management company seeking to register in this state
and from federally regulated appraisal management companies
operating in this state. The administrator director shall
transfer all appraisal management company national registry
fees collected by the administrator director to the appraisal
subcommittee.
Sec. 1686. Section 543E.12, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. An appraisal management company that has a reasonable
basis to believe an appraiser has materially failed to comply
with the uniform standards of professional appraisal practice
or has otherwise materially violated chapter 543D or this
chapter shall refer the matter to the administrator director
-1023- in conformance with applicable federal law and regulations.
An appraisal management company that has a reasonable basis
to believe another appraisal management company is failing
to comply with the provisions of this chapter shall refer
the matter to the administrator director in conformance with
section 272C.9, subsection 2.
4. An appraiser who is employed by or is on the appraiser
panel of an appraisal management company registered under this
chapter who has a reasonable basis to believe the appraisal
management company is in violation of this chapter shall refer
the matter to the administrator director.
Sec. 1687. Section 543E.13, subsection 1, Code 2023, is
amended to read as follows:
1. An appraisal management company shall maintain a
detailed record of each service request the appraisal
management company receives involving real estate located in
this state and the identity of the appraiser who performs the
appraisal assignment. All such records shall be maintained for
at least five years after the request is sent by the appraisal
management company to the appraiser or the completion of the
appraisal report, whichever period expires later. An appraisal
management company shall maintain such additional records
regarding appraisal management services performed in this state
as the administrator director may specify by rule.
Sec. 1688. Section 543E.15, subsection 4, Code 2023, is
amended to read as follows:
4. Remove an appraiser from an appraiser panel without prior
written notice that identifies the basis for removal. Upon
request or in conjunction with an examination, an appraisal
management company shall forward to the administrator director
copies of such notices issued to an appraiser located or
certified in Iowa.
Sec. 1689. Section 543E.17, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
After notice and hearing, the administrator director may
-1024-revoke, suspend, or refuse to issue, renew, or reinstate
a registration; reprimand, censure, or limit the scope of
practice of any registrant; impose a civil penalty not to
exceed ten thousand dollars per violation; require remedial
action; or place any registrant on probation; all with or
without terms, conditions, or in combinations of remedies, for
any one or more of the following reasons:
Sec. 1690. Section 543E.17, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
When determining whether to initiate a disciplinary
proceeding against an appraisal management company based
on actions or omissions by an employee, owner, director,
controlling person, or other agent of the appraisal
management company, the administrator director shall take into
consideration all of the following:
Sec. 1691. Section 543E.18, Code 2023, is amended to read
as follows:
543E.18 Unlawful practice — complaints and investigations —
remedies and penalties.
1. If, as the result of a complaint or otherwise, the
administrator director believes that a person has engaged, or
is about to engage, in an act or practice that constitutes or
will constitute a violation of this chapter, the administrator
director may make application to the district court for an
order enjoining such act or practice. Upon a showing by the
administrator director that such person has engaged, or is
about to engage, in any such act or practice, an injunction,
restraining order, or other order as may be appropriate shall
be granted by the district court.
2. The administrator director may investigate a complaint
or initiate a complaint against a person who is not registered
under this chapter to determine whether grounds exist to make
application to the district court pursuant to subsection 1 or
to issue an order pursuant to subsection 3, and in connection
with such complaint or investigation may issue subpoenas to
-1025-compel witnesses to testify or persons to produce evidence
consistent with the provisions of section 272C.6, subsection
3, as needed to determine whether probable cause exists to
initiate a proceeding under this section or to make application
to the district court for an order enjoining a violation of
this chapter.
3. In addition to or as an alternative to making application
to the district court for an injunction, the administrator
director may issue an order to a person who is not registered
under this chapter to require compliance with this chapter
and may impose a civil penalty against such person for any
violation specified in subsection 4 in an amount up to ten
thousand dollars for each violation. All civil penalties
collected pursuant to this section shall be deposited in the
housing trust fund created in section 16.181. An order issued
pursuant to this section may prohibit a person from applying
for registration under this chapter or certification or
registration under chapter 543D.
4. The administrator director may impose a civil penalty
against a person who is not registered under this chapter for
any of the following:
a. A violation of section 543E.4.
b. A violation of section 543D.18A, subsection 1.
c. Fraud, deceit, or deception, through act or omission,
in connection with an application for registration under this
chapter.
5. The administrator director, before issuing an order
under this section, shall provide the person written notice
and the opportunity to request a hearing. The hearing must
be requested within thirty days after receipt of the notice
and shall be conducted in the same manner as provided for
disciplinary proceedings involving a registrant under this
chapter.
6. A person aggrieved by the imposition of a civil penalty
under this section may seek judicial review pursuant to section
-1026-17A.19.
7. If a person fails to pay a civil penalty within thirty
days after entry of an order imposing the civil penalty, or if
the order is stayed pending an appeal, within ten days after
the court enters a final judgment in favor of the administrator
director, the administrator director shall notify the attorney
general. The attorney general may commence an action to
recover the amount of the penalty, including reasonable
attorney fees and costs.
8. An action to enforce an order under this section may be
joined with an action for an injunction.
Sec. 1692. Section 543E.19, Code 2023, is amended to read
as follows:
543E.19 Surety bond.
1. The administrator director shall require that an
appraisal management company be covered by a surety bond in the
amount of twenty-five thousand dollars.
2. The surety bond shall be in a form as prescribed by
the administrator director. The administrator director may,
pursuant to rule, determine requirements for such surety
bonds as are necessary to accomplish the purposes of this
chapter. The requirements for a surety bond shall only relate
to liabilities, damages, losses, or claims arising out of
the appraisal management services performed by the appraisal
management company involving real estate located in this state.
The bond shall provide that a person having a claim against an
appraisal management company may bring suit directly on the
bond or the administrator director may bring suit on behalf of
such person.
Sec. 1693. Section 543E.20, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. The administrator director is vested with broad
administrative authority to administer, interpret, and enforce
this chapter and to promulgate rules implementing this chapter.
3. The administrator director may conduct periodic
-1027-examinations of applicants or registrants under this chapter as
reasonably necessary to assure compliance with all or specific
provisions of this chapter. All papers, documents, examination
reports, and other records relating to such examinations shall
be confidential as provided in section 272C.6, subsection 4,
except as provided in this section.
4. The administrator director may adopt rules governing
an appraiser’s use of associate real estate appraisers while
performing appraisal assignments subject to this chapter.
Associate real estate appraisers may provide appraisal services
under the supervision of a certified appraiser as provided
in chapter 543D and associated rules, but shall not be on an
appraiser panel of an appraisal management company.
5. The administrator director may require a national
criminal history check through the federal bureau of
investigation or, if authorized by federal law or regulation,
the nationwide mortgage licensing system and registry,
as defined in section 535D.3, when conducting background
investigations under this chapter. Except as inconsistent with
the registry, the following shall apply:
a. The administrator director may require owners and
controlling persons who are subject to the background
investigation provisions of sections 543E.6 and 543E.7 to
provide a full set of fingerprints, in a form and manner
prescribed by the administrator director. Such fingerprints,
if required, shall be submitted to the federal bureau of
investigation through the state criminal history repository for
purposes of the national criminal history check.
b. The administrator director may also request and obtain,
notwithstanding section 692.2, subsection 5, criminal history
data for owners and controlling persons who are subject to the
background investigation provisions of sections 543E.6 and
543E.7. A request for criminal history data shall be submitted
to the department of public safety, division of criminal
investigation, pursuant to section 692.2, subsection 1.
-1028- c. The administrator director shall inform such owners and
controlling persons of the requirement of a national criminal
history check or request for criminal history data and obtain
a signed waiver from the applicant, certificate holder, or
registrant prior to requesting the check or data.
d. The administrator director may, in addition to any other
fees, charge and collect such amounts as may be incurred by the
administrator director, the department of public safety, or the
federal bureau of investigation in obtaining criminal history
information. Amounts collected shall be considered repayment
receipts as defined in section 8.2.
e. Criminal history data and other criminal history
information relating to affected owners or controlling persons,
or their appraisal management companies obtained by the
administrator director pursuant to this section shall remain
confidential. Such information may, however, be used by the
administrator director in a registration denial, enforcement,
or disciplinary proceeding.
Sec. 1694. Section 543E.20, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In addition to the duties and powers conferred upon the
administrator director in this chapter, the administrator
director shall have the authority to adopt such rules as are
reasonably necessary to assure the administrator’s director’s
registration and supervision of appraisal management companies
comply with the minimum requirements of 12 U.S.C. §3352 and
related federal laws and regulations, with respect to any of
the following:
Sec. 1695. Section 544A.1, subsection 2, Code 2023, is
amended to read as follows:
2. The architectural examining board is created within the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing. The board consists of five members who possess
a license issued under section 544A.9 and who have been in
-1029-active practice of architecture for not less than five years,
the last two of which shall have been in Iowa, and two members
who do not possess a license issued under section 544A.9
and who shall represent the general public. Members shall
be appointed by the governor subject to confirmation by the
senate.
Sec. 1696. Section 544A.5, Code 2023, is amended to read as
follows:
544A.5 Duties.
The architectural examining board shall enforce this
chapter, shall adopt rules pursuant to chapter 17A for the
examination of applicants for the license provided by this
chapter, and shall, after due public notice, hold meetings each
year for the purpose of examining applicants for licensure
and the transaction of business pertaining to the affairs of
the board. Examinations shall be given as often as deemed
necessary, but not less than annually. Action at a meeting
shall not be taken without the affirmative votes of a majority
of the members of the board. The administrator director of the
professional licensing and regulation bureau of the banking
division of the department of commerce inspections, appeals,
and licensing shall hire and provide staff to assist the board
with implementing this chapter.
Sec. 1697. Section 544B.3, subsection 1, Code 2023, is
amended to read as follows:
1. A landscape architectural examining board is created
within the professional licensing and regulation bureau of the
banking division of the department of commerce inspections,
appeals, and licensing. The board consists of five members
who are professional landscape architects and two members
who are not professional landscape architects and who shall
represent the general public. Members shall be appointed by
the governor, subject to confirmation by the senate. Four of
the five professional members shall be actively engaged in the
practice of landscape architecture or the teaching of landscape
-1030-architecture in an accredited college or university, and shall
have been so engaged for five years preceding appointment,
the last two of which shall have been in Iowa. One of the
five professional members shall be actively engaged in the
practice of landscape architecture or the teaching of landscape
architecture in an accredited college or university, and may
have been so engaged for fewer than five years preceding
appointment but at least one year preceding appointment.
Associations or societies composed of professional landscape
architects may recommend the names of potential board members
to the governor. However, the governor is not bound by the
recommendations. A board member shall not be required to be a
member of any professional association or society composed of
professional landscape architects.
Sec. 1698. Section 544B.5, Code 2023, is amended to read as
follows:
544B.5 Duties.
The board shall enforce this chapter and shall make rules
for the examination of applicants for licensure. The board
shall keep a record of its proceedings. The board shall adopt
an official seal which shall be affixed to all certificates
of licensure granted. The board may make other rules, not
inconsistent with law, as necessary for the proper performance
of its duties. The board shall maintain a roster showing
the name, place of business, and residence, and the date and
number of the certificate of licensure of every professional
landscape architect in this state. The administrator of the
professional licensing and regulation bureau of the banking
division director of the department of commerce inspections,
appeals, and licensing shall hire and provide staff to assist
the board in implementing this chapter.
Sec. 1699. Section 544C.1, subsection 2, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
2. “Department” means the department of inspections,
-1031-appeals, and licensing.
Sec. 1700. Section 544C.2, subsection 1, Code 2023, is
amended to read as follows:
1. An interior design examining board is established
within the bureau department. The board consists of seven
members: five members who are interior designers who are
registered under this chapter and who have been in the active
practice of interior design for not less than five years, the
last two of which shall have been in Iowa; and two members who
are not registered under this chapter and who shall represent
the general public. Members shall be appointed by the governor
subject to confirmation by the senate.
Sec. 1701. Section 544C.3, subsection 2, Code 2023, is
amended to read as follows:
2. The administrator director of the bureau department
shall provide staff to assist the board in the implementation
of this chapter.
Sec. 1702. Section 544C.5, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Each applicant for registration must meet the interior
design education and practical training requirements adopted by
rule by the board, and have passed an examination prescribed
by the board that is task-oriented, focused on public
safety, and validated by a recognized testing agency. The
bureau department shall register an individual who submits
an application to the board on the form and in the manner
prescribed by the board as a registered interior designer if
the individual satisfies the following requirements:
Sec. 1703. Section 546.3, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 1704. Section 546.10, Code 2023, is amended to read as
follows:
546.10 Professional licensing Licensing and regulation bureau
— superintendent of banking of business and commerce-related
professions.
-1032- 1. a. The professional licensing and regulation bureau of
the banking division department shall administer and coordinate
the licensing and regulation of several professions by bringing
together the following licensing boards:
a. (1) The engineering and land surveying examining board
created pursuant to chapter 542B.
b. (2) The Iowa accountancy examining board created
pursuant to chapter 542.
c. (3) The real estate commission created pursuant to
chapter 543B.
(4) The real estate appraiser examining board created
pursuant to chapter 543D.
d. (5) The architectural examining board created pursuant
to chapter 544A.
e. (6) The landscape architectural examining board created
pursuant to chapter 544B.
f. (7) The interior design examining board created pursuant
to chapter 544C.
b. The director shall administer chapter 543E.
2. The bureau is headed by the administrator of professional
licensing and regulation who shall be the superintendent
of banking. The administrator director shall appoint and
supervise staff and shall coordinate activities for the
licensing boards within the bureau department pursuant to
subsection 1 and for the administration of chapter 543E.
3. a. The licensing and regulation examining boards
included in the bureau pursuant to subsection 1 retain the
powers granted them pursuant to the chapters in which they
are created, except for budgetary and personnel matters which
shall be handled by the administrator director. Each licensing
board shall adopt rules pursuant to chapter 17A. Decisions by
a licensing board are final agency actions for purposes of
chapter 17A.
b. Notwithstanding subsection 5, eighty-five percent of the
funds received annually resulting from an increase in licensing
-1033-fees implemented on or after April 1, 2002, by a licensing
board or commission listed in subsection 1, paragraph “a”,
subparagraphs (1), (2), (3), (5), (6), and (7), is appropriated
to the professional licensing and regulation bureau department
to be allocated to the board or commission for the fiscal
year beginning July 1, 2002, and succeeding fiscal years, for
purposes related to the duties of the board or commission,
including but not limited to additional full-time equivalent
positions. In addition, notwithstanding subsection 5,
twenty-five dollars from each real estate salesperson’s license
fee and each broker’s license fee received pursuant to section
543B.14 is appropriated to the professional licensing and
regulation bureau department for the purpose of hiring and
compensating a real estate education director and regulatory
compliance personnel. The director of the department of
administrative services shall draw warrants upon the treasurer
of state from the funds appropriated as provided in this
section and shall make the funds available to the professional
licensing and regulation bureau department on a monthly basis
during each fiscal year.
4. The professional licensing and regulation bureau of
the banking division of the department of commerce may expend
additional funds, including funds for additional personnel, if
those additional expenditures are directly the cause of actual
examination expenses exceeding funds budgeted for examinations.
Before the bureau department expends or encumbers an amount in
excess of the funds budgeted for examinations, the director of
the department of management shall approve the expenditure or
encumbrance. Before approval is given, the director of the
department of management shall determine that the examination
expenses exceed the funds budgeted by the general assembly to
the bureau department and the bureau department does not have
other funds from which the expenses can be paid. Upon approval
of the director of the department of management, the bureau
department may expend and encumber funds for excess examination
-1034-expenses. The amounts necessary to fund the examination
expenses shall be collected as fees from additional examination
applicants and shall be treated as repayment receipts as
defined in section 8.2, subsection 8.
5. Fees collected under chapters 542, 542B, 543B, 544A,
544B, and 544C shall be paid to the treasurer of state and
credited to the general fund of the state. All expenses
required in the discharge of the duties and responsibilities
imposed upon the professional licensing and regulation bureau
of the banking division of the department of commerce, the
administrator director, and the licensing boards by the laws
of this state shall be paid from moneys appropriated by the
general assembly for those purposes. All fees deposited into
the general fund of the state, as provided in this subsection,
shall be subject to the requirements of section 8.60.
6. The licensing boards included in the bureau department
pursuant to subsection 1 may refuse to issue or renew a license
to practice a profession to any person otherwise qualified
upon any of the grounds for which a license may be revoked
or suspended or a licensee may otherwise be disciplined, or
upon any other grounds set out in the chapter governing the
respective board.
7. The licensing boards included in the bureau department
pursuant to subsection 1 may suspend, revoke, or refuse to
issue or renew a license, or may discipline a licensee based
upon a suspension, revocation, or other disciplinary action
taken by a licensing authority in this or another state,
territory, or country. For purposes of this subsection,
“disciplinary action” includes the voluntary surrender of
a license to resolve a pending disciplinary investigation
or proceeding. A certified copy of the record or order
of suspension, revocation, voluntary surrender, or other
disciplinary action is prima facie evidence of such fact.
8. Notwithstanding any other provision of law to the
contrary, the licensing boards included within the bureau
-1035- department pursuant to subsection 1 may by rule establish the
conditions under which an individual licensed in a different
jurisdiction may be issued a reciprocal or comity license, if,
in the board’s discretion, the applicant’s qualifications for
licensure are substantially equivalent to those required of
applicants for initial licensure in this state.
9. Notwithstanding section 272C.6, the licensing boards
included within the bureau department pursuant to subsection
1 may by rule establish the conditions under which the board
may supply to a licensee who is the subject of a disciplinary
complaint or investigation, prior to the initiation of a
disciplinary proceeding, all or such parts of a disciplinary
complaint, disciplinary or investigatory file, report, or other
information, as the board in its sole discretion believes would
aid the investigation or resolution of the matter.
10. Notwithstanding section 17A.6, subsection 2, the
licensing boards included within the bureau department pursuant
to subsection 1 may adopt standards by reference to another
publication without providing a copy of the publication to the
administrative code editor if the publication containing the
standards is readily accessible on the internet at no cost and
the internet site at which the publication may be found is
included in the administrative rules that adopt the standard.
11. Renewal periods for all licenses and certificates of the
licensing boards included within the bureau department pursuant
to subsection 1 may be annual or multiyear, as provided by
rule.
12. A quorum of a licensing board included within the
bureau department pursuant to subsection 1 shall be a majority
of the members of the board and action may be taken upon a
majority vote of board members present at a meeting who are not
disqualified.
Sec. 1705. Section 710A.7, Code 2023, is amended to read as
follows:
710A.7 Peace officer referral.
-1036- If during the course of an investigation or prosecution
under this chapter a peace officer has reason to believe that
a person who purports to be licensed pursuant to chapter 152C
or 157 does not possess a valid license or is in violation of
any other state or federal laws, the peace officer may report
such noncompliance to the appropriate licensing board under
the professional licensure division within the department of
public health inspections, appeals, and licensing, and to the
appropriate state or federal authorities.
Sec. 1706. Section 727.2, subsection 2, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) A person who uses or explodes display fireworks while
the use of such devices is suspended by an order of the state
fire marshal director of the department of inspections,
appeals, and licensing pursuant to section 10A.511, subsection
6, commits a simple misdemeanor, punishable by a fine of not
less than two hundred fifty dollars.
Sec. 1707. Section 727.2, subsection 3, paragraph c,
subparagraph (2), Code 2023, is amended to read as follows:
(2) A person who uses or explodes consumer fireworks or
novelties while the use of such devices is suspended by an
order of the state fire marshal director of the department
of inspections, appeals, and licensing pursuant to section
10A.511, subsection 6, commits a simple misdemeanor, punishable
by a fine of not less than two hundred fifty dollars.
Sec. 1708. Section 904.318, subsection 2, Code 2023, is
amended to read as follows:
2. The state fire marshal director of the department
of inspections, appeals, and licensing or the director’s
designee shall cause an annual inspection to be made of all the
institutions listed in section 904.102 and shall make a written
report of the inspection to the director.
Sec. 1709. REPEAL. Sections 100D.8 and 100D.9, Code 2023,
are repealed.
Sec. 1710. 2015 Iowa Acts, chapter 138, section 97, is
-1037-amended to read as follows:
SEC. 97. RESIDENTIAL SWIMMING POOLS — PRIVATE SWIMMING
LESSONS. Notwithstanding any provision of law to the contrary,
the department of public health inspections, appeals, and
licensing shall require that a residential swimming pool used
for private swimming lessons for up to two hundred seven hours
in a calendar month, or the number of hours prescribed by local
ordinance applicable to such use of a residential swimming
pool, whichever is greater, be regulated as a residential
swimming pool used for commercial purposes pursuant to chapter
135I. The department of public health may adopt rules to
implement this section.
Sec. 1711. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 100.11 to section 10A.513.
b. Section 100.12 to section 10A.514.
c. Section 100.13 to section 10A.515.
d. Section 100.14 to section 10A.516.
e. Section 100.16 to section 10A.517.
f. Section 100.18 to section 10A.518.
g. Section 100.19 to section 10A.519.
h. Section 100.19A to section 10A.520.
i. Section 100.26 to section 10A.521.
j. Section 100.31 to section 10A.522.
k. Section 100.35 to section 10A.523.
l. Section 100.38 to section 10A.525.
m. Section 100.39 to section 10A.524.
n. Section 135.11A to section 10A.503.
o. Section 135.11B to section 10A.504.
p. Section 135.31 to section 10A.505.
q. Section 135.37 to section 10A.531.
r. Section 135.37A to section 10A.532.
s. Section 135.105A to section 10A.902.
t. Section 135.105C to section 10A.903.
-1038- u. Section 546.10 to section 10A.506.
2. The Code editor is directed to rename article V of
chapter 10A as subchapter V and designate parts as follows:
a. Subchapter V shall be entitled “Licensing and
Regulation” and include sections 10A.501 through 10A.534.
b. Subchapter V, part 1, shall be entitled “General
Provisions” and include sections 10A.501 through 10A.510.
c. Subchapter V, part 2, shall be entitled “Fire Control”
and include sections 10A.511 through 10A.530.
d. Subchapter V, part 3, shall be entitled “Tattooing and
Hair Braiding” and include sections 10A.531 through 10A.534.
3. The Code editor is directed to create new subchapter
IX within chapter 10A which shall be entitled “Lead Abatement
Program” and include sections 10A.902 and 10A.903.
4. The Code editor may modify subchapter and part titles if
necessary and is directed to correct internal references in the
Code as necessary due to enactment of this section.
administrative law judges
Sec. 1712. Section 8A.415, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If not satisfied, the employee may, within thirty
calendar days following the director’s response, file an
appeal with the public employment relations board. The
hearing shall be conducted in accordance with the rules of the
public employment relations board and the Iowa administrative
procedure Act, chapter 17A. Decisions rendered shall be based
upon a standard of substantial compliance with this subchapter
and the rules of the department. Decisions by the public
employment relations board constitute final agency action.
However, if the employee is an administrative law judge
appointed or employed by the public employment relations board,
the employee’s appeal shall be heard by an administrative law
judge employed by the administrative hearings division of the
department of inspections and appeals in accordance with the
provisions of section 10A.801, whose decision shall constitute
-1039-final agency action.
Sec. 1713. Section 8A.415, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. If not satisfied, the employee may, within thirty
calendar days following the director’s response, file an appeal
with the public employment relations board. The employee has
the right to a hearing closed to the public, unless a public
hearing is requested by the employee. The hearing shall
otherwise be conducted in accordance with the rules of the
public employment relations board and the Iowa administrative
procedure Act, chapter 17A. If the public employment relations
board finds that the action taken by the appointing authority
was for political, religious, racial, national origin, sex,
age, or other reasons not constituting just cause, the employee
may be reinstated without loss of pay or benefits for the
elapsed period, or the public employment relations board may
provide other appropriate remedies. Decisions by the public
employment relations board constitute final agency action.
However, if the employee is an administrative law judge
appointed or employed by the public employment relations board,
the employee’s appeal shall be heard by an administrative law
judge employed by the administrative hearings division of the
department of inspections and appeals in accordance with the
provisions of section 10A.801, whose decision shall constitute
final agency action.
Sec. 1714. Section 96.6, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. Appeals from the initial determination shall be heard by
an administrative law judge employed by the department division
of administrative hearings created by section 10A.801. An
administrative law judge’s decision may be appealed by any
party to the employment appeal board created in section 10A.601
or directly to the district court.
Sec. 1715. Section 216.15, subsection 3, paragraph a, Code
2023, is amended to read as follows:
-1040- a. After the filing of a verified complaint, a true copy
shall be served within twenty days on the person against whom
the complaint is filed, except as provided in subsection 4.
An authorized member of the commission staff shall make a
prompt investigation and shall issue a recommendation to an
administrative law judge employed either by the commission or
by the division of administrative hearings created by section
10A.801, who shall then issue a determination of probable cause
or no probable cause.
Sec. 1716. Section 256.7, subsection 6, Code 2023, is
amended to read as follows:
6. Hear appeals of persons aggrieved by decisions of boards
of directors of school corporations under chapter 290 and
other appeals prescribed by law. The state board may review
the record and shall review the decision of the director of
the department of education or the administrative law judge
employed by the division of administrative hearings created
by section 10A.801 and designated for any appeals heard and
decided by the director under chapter 290, and may affirm,
modify, or vacate the decision, or may direct a rehearing
before the director.
Sec. 1717. Section 256B.6, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding section 17A.11, the state board
of education shall adopt rules for the appointment of an
impartial administrative law judge employed by the division
of administrative hearings created by section 10A.801 for
special education appeals. The rules shall comply with federal
statutes and regulations.
Sec. 1718. Section 272.14, Code 2023, is amended to read as
follows:
272.14 Appointment of administrative law judges.
The board shall maintain a list of qualified persons
employed by the division of administrative hearings created
by section 10A.801 and who are experienced in the educational
-1041-system of this state to serve as administrative law judges when
a hearing is requested under section 279.24. When requested
under section 279.24, the board shall submit a list of five
qualified administrative law judges from the list maintained
by the board to the parties. The parties shall select one of
the five qualified persons to conduct the hearing as provided
in section 279.24. The hearing shall be held pursuant to
the provisions of chapter 17A relating to contested cases.
The full costs of the hearing shall be shared equally by the
parties.
Sec. 1719. Section 279.24, subsection 5, paragraph c, Code
2023, is amended to read as follows:
c. Within five days after receipt of the written notice
that the school board has voted to consider termination of
the contract, the administrator may request a private hearing
in writing to the secretary of the school board. The board
shall then forward the notification to the board of educational
examiners along with a request that the board of educational
examiners submit a list of five qualified administrative law
judges who are employed by the division of administrative
hearings created by section 10A.801 to the parties. Within
three days from receipt of the list the parties shall select an
administrative law judge by alternately removing a name from
the list until only one name remains. The person whose name
remains shall be the administrative law judge. The parties
shall determine by lot which party shall remove the first name
from the list. The private hearing shall be held no sooner
than twenty days and not later than forty days following the
administrator’s request unless the parties otherwise agree.
If the administrator does not request a private hearing,
the school board, not later than May 31, may determine the
continuance or discontinuance of the contract and, if the
board determines to continue the administrator’s contract,
whether to suspend the administrator with or without pay for a
period specified by the board. School board action shall be by
-1042-majority roll call vote entered on the minutes of the meeting.
Notice of school board action shall be personally delivered or
mailed to the administrator.
civil rights commission
Sec. 1720. Section 216.3, subsection 1, Code 2023, is
amended to read as follows:
1. The Iowa state civil rights commission shall consist
is created within the department of inspections, appeals, and
licensing consisting of seven members appointed by the governor
subject to confirmation by the senate. Appointments shall be
made to provide geographical area representation insofar as
practicable. No more than four members of the commission shall
belong to the same political party. Members appointed to the
commission shall serve for four-year staggered terms beginning
and ending as provided by section 69.19.
conforming changes
Sec. 1721. Section 8A.412, subsection 19, Code 2023, is
amended to read as follows:
19. The superintendent of the banking division of the
department of commerce, all members of the state banking
council, and all employees of the banking division except for
employees of the professional licensing and regulation bureau
of the division.
Sec. 1722. Section 8A.457, Code 2023, is amended to read as
follows:
8A.457 Workers’ compensation claims.
The director shall employ appropriate staff to handle and
adjust claims of state employees for workers’ compensation
benefits pursuant to chapter 10A, subchapter III, and
chapters 85, 85A, and 85B, and 86, or, with the approval of
the executive council, contract for the services or purchase
workers’ compensation insurance coverage for state employees or
selected groups of state employees. A state employee workers’
compensation fund is created in the state treasury under the
control of the department to pay state employee workers’
-1043-compensation claims and administrative costs. The department
shall establish a rating formula and assess premiums to all
agencies, departments, and divisions of the state including
those which have not received an appropriation for the payment
of workers’ compensation insurance and which operate from
moneys other than from the general fund of the state. The
department shall collect the premiums and deposit them into the
state employee workers’ compensation fund. Notwithstanding
section 8.33, moneys deposited in the state employee workers’
compensation fund shall not revert to the general fund of the
state at the end of any fiscal year, but shall remain in the
state employee workers’ compensation fund and be continuously
available to pay state employee workers’ compensation claims.
The director may, to the extent practicable, contract with
a private organization to handle the processing and payment
of claims and services rendered under the provisions of this
section.
Sec. 1723. Section 8A.504, subsection 3, Code 2023, is
amended to read as follows:
3. In the case of multiple claims to payments filed
under this section, priority shall be given to claims filed
by the child support recovery unit services or the foster
care recoveryunit services, next priority shall be given to
claims filed by the clerk of the district court, next priority
shall be given to claims filed by the college student aid
commission, next priority shall be given to claims filed by
the investigations division of the department of inspections,
and appeals, and licensing relating to investigations by the
department, and last priority shall be given to claims filed by
other public agencies. In the case of multiple claims in which
the priority is not otherwise provided by this subsection,
priority shall be determined in accordance with rules to be
established by the director.
Sec. 1724. Section 8A.512, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
-1044- (1) Claims by state employees for benefits pursuant to
chapter 10A, subchapter III, and chapters 85, 85A, and 85B, and
86 are subject to limitations provided in those chapters.
Sec. 1725. Section 13B.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1726. Section 13B.2, Code 2023, is amended to read as
follows:
13B.2 Position established.
The position of state public defender is established within
the department of inspections, and appeals, and licensing. The
governor shall appoint the state public defender, who shall
serve at the pleasure of the governor, subject to confirmation
by the senate, no less frequently than once every four years,
whether or not there has been a new state public defender
appointed during that time, and shall establish the state
public defender’s salary.
Sec. 1727. Section 13B.6, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections, and appeals, and
licensing shall provide internal accounting and related fiscal
services for the state public defender.
Sec. 1728. Section 15.108, subsection 7, paragraph f, Code
2023, is amended to read as follows:
f. To the extent feasible, cooperate with the department of
workforce development and the division of workers’ compensation
of the department of inspections, appeals, and licensing to
establish a program to educate existing employers and new or
potential employers on the rates and workings of the state
unemployment compensation program and the state workers’
compensation program.
Sec. 1729. Section 15E.208, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. An agricultural products processor, if the processor or
-1045-a person owning a controlling interest in the processor has
demonstrated, within the most recent consecutive three-year
period prior to the application for financing, a continuous and
flagrant disregard for the health and safety of its employees
or the quality of the environment. Violations of environmental
protection statutes, rules, or regulations shall be reported
for the most recent five-year period prior to application.
Evidence of such disregard shall include a history of serious
or uncorrected violations of state or federal law protecting
occupational health and safety or the environment, including
but not limited to serious or uncorrected violations of
occupational safety and health standards enforced by the
division of labor services of the department of workforce
development inspections, appeals, and licensing pursuant to
chapter 84A 10A, or rules enforced by the department of natural
resources pursuant to chapter 455B or 459, subchapters II and
III.
Sec. 1730. Section 17A.11, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. For purposes of paragraph “a”, the division of
administrative hearings established in section 10A.801 shall
be treated as a wholly separate agency from the department of
inspections, and appeals, and licensing.
Sec. 1731. Section 35D.15, subsection 2, paragraph c,
subparagraph (2), subparagraph divisions (c), (d), and (e),
Code 2023, are amended to read as follows:
(c) If the member is not satisfied with the decision of the
commission, the member may appeal the commission’s decision
by filing an appeal with the department of inspections, and
appeals, and licensing within five calendar days of being
notified in writing of the commission’s decision.
(d) The department of inspections, and appeals, and
licensing shall render a decision on the appeal of the
commission’s decision and notify the member of the decision,
in writing, within fifteen calendar days of the filing of the
-1046-appeal with the department.
(e) The maximum time period that shall elapse between
receipt by the member of the discharge notice and actual
discharge shall not exceed fifty-five days, which includes the
thirty-day discharge notice period and any time during which
any appeals to the commission or the department of inspections,
and appeals, and licensing are pending.
Sec. 1732. Section 35D.15, subsection 2, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) If a member is not satisfied with the decision of the
department of inspections, and appeals, and licensing, the
member may seek judicial review in accordance with chapter 17A.
A member’s discharge under this subsection shall be stayed
while judicial review is pending.
Sec. 1733. Section 35D.15, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. Any involuntary discharge by the commandant under
this subsection shall comply with the rules adopted by the
commission under this subsection and by the department of
inspections, and appeals, and licensing pursuant to section
135C.14, subsection 8, paragraph “f”.
Sec. 1734. Section 53.8, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. When an application for an absentee ballot is received
by the commissioner of any county from a registered voter who
is a patient in a hospital in that county, a tenant of an
assisted living program in that county as shown by the list
of certifications provided the commissioner under section
231C.21, or a resident of any facility in that county shown to
be a health care facility by the list of licenses provided the
commissioner under section 135C.29, the absentee ballot shall
be delivered to the voter and returned to the commissioner in
the manner prescribed by section 53.22. For purposes of this
paragraph, “assisted living program” means a program certified
pursuant to section 231C.3 that meets the standards for a
-1047-dementia-specific assisted living program, as established
by rule by the department of inspections, and appeals, and
licensing.
Sec. 1735. Section 53.22, subsection 1, Code 2023, is
amended to read as follows:
1. For purposes of this section, “assisted living program”
means a program certified pursuant to section 231C.3 that meets
the standards for a dementia-specific assisted living program,
as established by rule by the department of inspections, and
appeals, and licensing.
Sec. 1736. Section 68B.2, subsection 23, Code 2023, is
amended to read as follows:
23. “Regulatory agency” means the department of agriculture
and land stewardship, department of workforce development,
department of commerce, Iowa department of public health,
department of public safety, department of education, state
board of regents, department of human services, department of
revenue, department of inspections, and appeals, and licensing,
department of administrative services, public employment
relations board, state department of transportation, civil
rights commission, department of public defense, department of
homeland security and emergency management, Iowa ethics and
campaign disclosure board, and department of natural resources.
Sec. 1737. Section 73.16, subsection 2, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The director of each department and agency of state
government shall cooperate with the director of the department
of inspections, and appeals, and licensing, the director of
the economic development authority, and the director of the
department of management and do all acts necessary to carry out
the provisions of this subchapter.
Sec. 1738. Section 80.15, subsection 2, Code 2023, is
amended to read as follows:
2. During the period of twelve months after appointment, a
peace officer of the department is subject to dismissal at the
-1048-will of the commissioner. After the twelve months’ service,
a peace officer of the department, who was appointed after
having passed the examinations, is not subject to dismissal,
suspension, disciplinary demotion, or other disciplinary action
resulting in the loss of pay unless charges have been filed
with the department of inspections, and appeals, and licensing
and a hearing held by the employment appeal board created by
section 10A.601, if requested by the peace officer, at which
the peace officer has an opportunity to present a defense
to the charges. The decision of the appeal board is final,
subject to the right of judicial review in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A. However, these procedures as to dismissal, suspension,
demotion, or other discipline do not apply to a peace officer
who is covered by a collective bargaining agreement which
provides otherwise, and do not apply to the demotion of a
division head to the rank which the division head held at the
time of appointment as division head, if any. A division head
who is demoted has the right to return to the rank which the
division head held at the time of appointment as division head,
if any.
Sec. 1739. Section 84A.5, subsection 6, Code 2023, is
amended to read as follows:
6. The director of the department of workforce development
shall form a coordinating committee composed of the director
of the department of workforce development, the labor
commissioner, the workers’ compensation commissioner, and
other administrators. The committee shall monitor federal
compliance issues relating to coordination of functions among
the divisions within the department.
Sec. 1740. Section 85.3, subsection 2, Code 2023, is amended
to read as follows:
2. Any employer who is a nonresident of this state, for whom
services are performed within this state by any employee, is
deemed to be doing business in this state by virtue of having
-1049-such services performed and the employer and employee shall
be subject to the jurisdiction of the workers’ compensation
commissioner and to all of the provisions of chapter 10A,
subchapter III, this chapter, and chapters 85A, 85B, 86, and
87, as to any and all personal injuries sustained by the
employee arising out of and in the course of such employment
within this state. In addition, every corporation, individual,
personal representative, partnership, or association that has
the necessary minimum contact with this state shall be subject
to the jurisdiction of the workers’ compensation commissioner,
and the workers’ compensation commissioner shall hold such
corporation, individual, personal representative, partnership,
or association amenable to suit in this state in every case not
contrary to the provisions of the Constitution of the United
States.
Sec. 1741. Section 85.3, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. In addition to those persons authorized to receive
personal service as in civil actions as permitted by chapter
17A and this chapter, such employer shall be deemed to have
appointed the secretary of state of this state as its lawful
attorney upon whom may be served or delivered any and all
notices authorized or required by the provisions of chapter
10A, subchapter III, this chapter, and chapters 85A, 85B, 86,
87, and 17A, and to agree that any and all such services or
deliveries of notice on the secretary of state shall be of the
same legal force and validity as if personally served upon or
delivered to such nonresident employer in this state.
Sec. 1742. Section 85.26, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. An original proceeding for benefits under chapter
10A, subchapter III, this chapter, or chapter 85A, or 85B,
or 86, shall not be maintained in any contested case unless
the proceeding is commenced within two years from the date of
the occurrence of the injury for which benefits are claimed
-1050-or, if weekly compensation benefits are paid under section
86.13, within three years from the date of the last payment
of weekly compensation benefits. For the purposes of this
section, “date of the occurrence of the injury” means the date
that the employee knew or should have known that the injury was
work-related.
2. An award for payments or an agreement for settlement
provided by section 86.13 for benefits under this chapter or
chapter 85A or 85B, where the amount has not been commuted,
may be reviewed upon commencement of reopening proceedings
by the employer or the employee within three years from the
date of the last payment of weekly benefits made under the
award or agreement. If an award for payments or agreement for
settlement as provided by section 86.13 for benefits under this
chapter or chapter 85A or 85B has been made and the amount
has not been commuted, or if a denial of liability is not
filed with the workers’ compensation commissioner and notice
of the denial is not mailed to the employee, in the form and
manner required by the commissioner, within six months of the
commencement of weekly compensation benefits, the commissioner
may at any time upon proper application make a determination
and appropriate order concerning the entitlement of an employee
to benefits provided for in section 85.27. The failure to
file a denial of liability does not constitute an admission of
liability under chapter 10A, subchapter III, this chapter, or
chapter 85A, or 85B, or 86.
Sec. 1743. Section 85.31, subsection 5, Code 2023, is
amended to read as follows:
5. Except as otherwise provided by treaty, whenever, under
the provisions of chapter 10A, subchapter III, this chapter,
and chapters 86 and chapter 87, compensation is payable to a
dependent who is an alien not residing in the United States at
the time of the injury, the employer shall pay fifty percent of
the compensation herein otherwise provided to such dependent,
and the other fifty percent shall be paid into the second
-1051-injury fund in the custody of the treasurer of state. But if
the nonresident alien dependent is a citizen of a government
having a compensation law which excludes citizens of the United
States, either resident or nonresident, from partaking of the
benefits of such law in as favorable degree as herein extended
to the nonresident alien, then the compensation which would
otherwise be payable to the dependent shall be paid into the
second injury fund in the custody of the treasurer of state.
Sec. 1744. Section 85.34, subsections 4, 5, and 7, Code
2023, are amended to read as follows:
4. Credits for excess payments. If an employee is paid
weekly compensation benefits for temporary total disability
under section 85.33, subsection 1, for a healing period
under section 85.34, subsection 1, or for temporary partial
disability under section 85.33, subsection 2, in excess of that
required by chapter 10A, subchapter III, this chapter, and
chapters 85A, and 85B, and 86, the excess paid by the employer
shall be credited against the liability of the employer for
any future weekly benefits due for an injury to that employee,
provided that the employer or the employer’s representative has
acted in good faith in determining and notifying an employee
when the temporary total disability, healing period, or
temporary partial disability benefits are terminated.
5. Recovery of employee overpayment. If an employee is paid
any weekly benefits in excess of that required by chapter 10A,
subchapter III, this chapter, and chapters 85A, and 85B, and
86, the excess paid by the employer shall be credited against
the liability of the employer for any future weekly benefits
due pursuant to subsection 2, for any current or subsequent
injury to the same employee.
7. Successive disabilities. An employer is liable for
compensating only that portion of an employee’s disability that
arises out of and in the course of the employee’s employment
with the employer and that relates to the injury that serves
as the basis for the employee’s claim for compensation under
-1052- chapter 10A, subchapter III, this chapter, or chapter 85A, or
85B, or 86. An employer is not liable for compensating an
employee’s preexisting disability that arose out of and in the
course of employment from a prior injury with the employer,
to the extent that the employee’s preexisting disability has
already been compensated under chapter 10A, subchapter III,
this chapter, or chapter 85A, or 85B, or 86. An employer is not
liable for compensating an employee’s preexisting disability
that arose out of and in the course of employment with a
different employer or from causes unrelated to employment.
Sec. 1745. Section 85.35, subsections 1 and 10, Code 2023,
are amended to read as follows:
1. The parties to a contested case or persons who are
involved in a dispute which could culminate in a contested case
may enter into a settlement of any claim arising under chapter
10A, subchapter III, this chapter, or chapter 85A, or 85B, or
86, providing for disposition of the claim. The settlement
shall be in writing on forms prescribed by the workers’
compensation commissioner and submitted to the workers’
compensation commissioner for approval.
10. Approval of a settlement by the workers’ compensation
commissioner is binding on the parties and shall not be
construed as an original proceeding. Notwithstanding any
provisions of chapter 10A, subchapter III, this chapter,
and chapters 85A, 85B, 86, and 87, an approved compromise
settlement shall constitute a final bar to any further rights
arising under chapter 10A, subchapter III, this chapter, and
chapters 85A, 85B, 86, and 87 regarding the subject matter of
the compromise and a payment made pursuant to a compromise
settlement agreement shall not be construed as the payment of
weekly compensation.
Sec. 1746. Section 85.55, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
For purposes of chapter 10A, subchapter III, this chapter,
and chapters 86 and chapter 87, a franchisor shall not be
-1053-considered to be an employer of a franchisee or of an employee
of a franchisee unless any of the following conditions apply:
Sec. 1747. Section 85.59, subsection 7, Code 2023, is
amended to read as follows:
7. Responsibility for the filings required by chapter
86 chapter 10A, subchapter III, for injuries resulting in
permanent disability or death and as modified by this section
shall be made in the same manner as for other employees of the
institution.
Sec. 1748. Section 85.60, Code 2023, is amended to read as
follows:
85.60 Injuries while in work-based learning opportunity,
employment training, or evaluation.
A person participating in a work-based learning opportunity
referred to in section 85.61, or receiving earnings while
engaged in employment training or while undergoing an
employment evaluation under the direction of a rehabilitation
facility approved for purchase-of-service contracts or for
referrals by the department of human services or the department
of education, who sustains an injury arising out of and in the
course of the work-based learning opportunity participation,
employment training, or employment evaluation is entitled
to benefits as provided in chapter 10A, subchapter III,
this chapter, chapter 85A, and chapter 85B, and chapter 86.
Notwithstanding the minimum benefit provisions of this chapter,
a person referred to in this section and entitled to benefits
under this chapter is entitled to receive a minimum weekly
benefit amount for a permanent partial disability under section
85.34, subsection 2, or for a permanent total disability under
section 85.34, subsection 3, equal to the weekly benefit amount
of a person whose gross weekly earnings are thirty-five percent
of the statewide average weekly wage computed pursuant to
section 96.3 and in effect at the time of the injury.
Sec. 1749. Section 85.61, unnumbered paragraph 1, Code
2023, is amended to read as follows:
-1054- In chapter 10A, subchapter III, this chapter, and chapters
86 and chapter 87, unless the context otherwise requires, the
following definitions of terms shall prevail:
Sec. 1750. Section 85.61, subsection 12, paragraph b, Code
2023, is amended to read as follows:
b. The term “worker” or “employee” shall include the
singular and plural. Any reference to a worker or employee
who has been injured shall, when such worker or employee
is dead, include the worker’s or employee’s dependents as
defined in this chapter or the worker’s or employee’s legal
representatives; and where the worker or employee is a minor
or incompetent, it shall include the minor’s or incompetent
person’s guardian, next friend, or trustee. Notwithstanding
any law prohibiting the employment of minors, all minor
employees shall be entitled to the benefits of chapter 10A,
subchapter III, this chapter, and chapters 86 and chapter 87
regardless of the age of such minor employee.
Sec. 1751. Section 85.70, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. Beginning on or before December 1, 2018, the department
of workforce development, in cooperation with the department of
education, the workers’ compensation division of the department
of inspections, appeals, and licensing, the insurance division
of the department of commerce, and all community colleges
that are participating in the new career vocational training
and education program, shall prepare an annual report for
submission to the general assembly that provides information
about the status of the program including but not limited to
the utilization of and participants in the program, program
completion rates, employment rates after completion of the
program and the types of employment obtained by the program
participants, and the effects of the program on workers’
compensation premium rates.
Sec. 1752. Section 85B.14, Code 2023, is amended to read as
follows:
-1055- 85B.14 Applicable chapters.
Chapters Chapter 10A, subchapter III, and chapters 17A,
and 85, and 86, so far as applicable, and not inconsistent
with this chapter, apply in cases of compensable occupational
hearing loss.
Sec. 1753. Section 87.1, subsection 1, Code 2023, is amended
to read as follows:
1. Every employer subject to the provisions of chapter
10A, subchapter III, this chapter, and chapters 85, 85A, and
85B, and 86, unless relieved as hereinafter provided from the
requirements imposed under chapter 10A, subchapter III, this
chapter, and chapters 85, 85A, and 85B, and 86, shall insure
the employer’s liability under chapter 10A, subchapter III,
this chapter, and chapters 85, 85A, and 85B, and 86 in some
corporation, association, or organization approved by the
commissioner of insurance.
Sec. 1754. Section 87.2, subsection 2, Code 2023, is amended
to read as follows:
2. An employer coming under the provisions of chapter 10A,
subchapter III, this chapter, and chapters 85, 85A, and 85B,
and 86 who fails to comply with this section, or to post and
keep the above notice in the manner and form required, shall be
guilty of a simple misdemeanor.
Sec. 1755. Section 87.6, Code 2023, is amended to read as
follows:
87.6 Certificate of approval.
When such scheme or plan is approved by the workers’
compensation commissioner, the commissioner shall issue a
certificate to that effect, whereupon it shall be legal for
such employer, or group of employers, to contract with any or
all of the workers of the employer or group of employers to
substitute such scheme or plan for the provisions relating to
compensation and insurance during a period of time fixed by
said department the insurance division of the department of
insurance and financial services.
-1056- Sec. 1756. Section 87.11, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. a. If an employer becomes insolvent and a debtor under
11 U.S.C., on or after January 1, 1990, the commissioner of
insurance may request of the workers’ compensation commissioner
that all future payments of workers’ compensation weekly
benefits, medical expenses, or other payments pursuant to
chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
or 85B, or 86, be commuted to a present lump sum. The workers’
compensation commissioner shall fix the lump sum of probable
future medical expenses and weekly compensation benefits, or
other benefits payable pursuant to chapter 10A, subchapter III,
this chapter, or chapter 85, 85A, or 85B, or 86, capitalized
at their present value upon the basis of interest at the rate
provided in section 535.3 for court judgments and decrees. The
commissioner of insurance shall be discharged from all further
liability for the commuted workers’ compensation claim upon
payment of the present lump sum to either the claimant, or a
licensed insurer for purchase of an annuity or other periodic
payment plan for the benefit of the claimant.
b. The commissioner of insurance shall not be required to
pay more for all claims of an insolvent self-insured employer
than is available for payment of such claims from the security
given under this section.
4. Notwithstanding contrary provisions of section 85.45,
any future payment of medical expenses, weekly compensation
benefits, or other payments by the commissioner of insurance
from the security given under this section, pursuant to
chapter 10A, subchapter III, this chapter, or chapter 85, 85A,
or 85B, or 86, shall be deemed an undue expense, hardship,
or inconvenience upon the employer for purposes of a full
commutation pursuant to section 85.45, subsection 1, paragraph
“b”.
Sec. 1757. Section 87.13, Code 2023, is amended to read as
follows:
-1057- 87.13 Interpretative clause.
All provisions in chapter 10A, subchapter III, and chapters
85, 85A, 85B, 86, and this chapter relating to compensation
for injuries sustained arising out of and in the course of
employment in the operation of coal mines or production of
coal under any system of removing coal for sale are exclusive,
compulsory and obligatory upon the employer and employee in
such employment.
Sec. 1758. Section 87.14A, Code 2023, is amended to read as
follows:
87.14A Insurance required.
An employer subject to chapter 10A, subchapter III, this
chapter, and chapters 85, 85A, and 85B, and 86 shall not
engage in business without first obtaining insurance covering
compensation benefits or obtaining relief from insurance as
provided in this chapter. A person who willfully and knowingly
violates this section is guilty of a class “D” felony.
Sec. 1759. Section 87.21, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Any employer, except an employer with respect to an exempt
employee under section 85.1, who has failed to insure the
employer’s liability in one of the ways provided in this
chapter, unless relieved from carrying such insurance as
provided in section 87.11, is liable to an employee for
a personal injury in the course of and arising out of the
employment, and the employee may enforce the liability by an
action at law for damages, or may collect compensation as
provided in chapter 10A, subchapter III, and chapters 85, 85A,
and 85B, and 86. In actions by the employee for damages under
this section, the following rules apply:
Sec. 1760. Section 88.1, subsection 3, Code 2023, is amended
to read as follows:
3. Authorizing the labor commissioner to set mandatory
occupational safety and health standards applicable to
businesses, and by providing for an adjudicatory process
-1058-through the employment appeal board within the department
of inspections, and appeals, and licensing for carrying out
adjudicatory functions under this chapter.
Sec. 1761. Section 88.2, subsections 1 and 4, Code 2023, are
amended to read as follows:
1. The labor commissioner, appointed pursuant to section
91.2, and the division of labor services of the department
of workforce development inspections, appeals, and licensing
created in section 84A.1 10A.106 shall administer this chapter.
4. Subject to the approval of the director of the
department of workforce development inspections, appeals, and
licensing, the labor commissioner may enter into contracts
with any state agency, with or without reimbursement, for
the purpose of obtaining the services, facilities, and
personnel of the agency, and with the consent of any state
agency or any political subdivision of the state, accept and
use the services, facilities, and personnel of the agency or
political subdivision, and employ experts and consultants or
organizations, in order to expeditiously, efficiently, and
economically effectuate the purposes of this chapter. The
agreements under this subsection are subject to approval of the
executive council if approval is required by law.
Sec. 1762. Section 88A.1, subsections 4 and 6, Code 2023,
are amended by striking the subsections.
Sec. 1763. Section 88A.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 6B. “Director” means the director of the
department of inspections, appeals, and licensing.
Sec. 1764. Section 88A.2, Code 2023, is amended to read as
follows:
88A.2 Permit required.
1. No amusement device or ride, concession booth, or any
related electrical equipment shall be operated at a carnival
-1059-or fair in this state without a permit having been issued by
the commissioner director to an operator of such equipment. On
or before the first of May of each year, any person required
to obtain a permit by this chapter shall apply to the division
department for a permit on a form furnished by the commissioner
director which form shall contain such information as the
commissioner director may require. The commissioner director
may waive the requirement that an application for a permit
must be filed on or before the first of May of each year if
the applicant gives satisfactory proof to the commissioner
director that the applicant could not reasonably comply with
the date requirement and if the applicant immediately applies
for a permit after the need for a permit is first determined.
For the purpose of determining if an amusement ride, amusement
device, concession booth, or any related electrical equipment
is in safe operating condition and will provide protection
to the public using such ride, device, booth, or related
electrical equipment, each amusement ride, amusement device,
concession booth, or related electrical equipment shall be
inspected by the commissioner director before it is initially
placed in operation in this state, and shall thereafter be
inspected at least once each year.
2. If, after inspection, an amusement device or ride,
concession booth, or related electrical equipment is found
to comply with the rules adopted under this chapter, the
commissioner director shall, upon payment of the permit fee
and the inspection fee, permit the operation of the amusement
device or ride or concession booth or to use any related
electrical equipment.
3. If, after inspection, additions or alterations
are contemplated which change a structure, mechanism,
classification, or capacity, the operator shall notify the
commissioner director of the operator’s intentions in writing
and provide any plans or diagrams requested by the commissioner
director.
-1060- Sec. 1765. Section 88A.3, Code 2023, is amended to read as
follows:
88A.3 Rules.
1. The commissioner director shall adopt rules pursuant to
chapter 17A for the safe installation, repair, maintenance,
use, operation, and inspection of amusement devices, amusement
rides, concession booths, and related electrical equipment at
carnivals and fairs to the extent necessary for the protection
of the public. The rules shall be based on generally accepted
engineering standards and shall be concerned with, but not
necessarily limited to, engineering force stresses, safety
devices, and preventive maintenance. If standards are
available in suitable form, the standards may be incorporated
by reference. The rules shall provide for the reporting of
accidents and injuries incurred from the operation of amusement
devices or rides, concession booths, or related electrical
equipment.
2. The commissioner director may modify or repeal any rule
adopted under the provisions of this chapter.
Sec. 1766. Section 88A.5, Code 2023, is amended to read as
follows:
88A.5 Fees to general fund.
All fees collected by the division department under
the provisions of this chapter shall be transmitted to the
treasurer of state and credited by the treasurer to the general
fund of the state.
Sec. 1767. Section 88A.6, Code 2023, is amended to read as
follows:
88A.6 Personnel.
The commissioner director may employ inspectors and any
other personnel deemed necessary to carry out the provisions
of this chapter, subject to the provisions of chapter 8A,
subchapter IV.
Sec. 1768. Section 88A.7, Code 2023, is amended to read as
follows:
-1061- 88A.7 Cessation order.
The commissioner director may order, in writing, a temporary
cessation of operation of any amusement device or ride,
concession booth, or related electrical equipment if it has
been determined after inspection to be hazardous or unsafe.
Operation of the amusement device or ride, concession booth or
related electrical equipment shall not resume until the unsafe
or hazardous condition is corrected to the satisfaction of the
commissioner director.
Sec. 1769. Section 88A.8, Code 2023, is amended to read as
follows:
88A.8 Judicial review.
Judicial review of action of the commissioner director
may be sought in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A.
Sec. 1770. Section 88A.10, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Any person who operates an amusement device or ride,
concession booth or related electrical equipment at a carnival
or fair without having obtained a permit from the commissioner
director or who violates any order or rule issued by the
commissioner director under this chapter is guilty of a serious
misdemeanor.
2. A person who interferes with, impedes, or obstructs in
any manner the commissioner director in the performance of the
commissioner’s director’s duties under this chapter is guilty
of a simple misdemeanor. A person who bribes or attempts to
bribe the commissioner director is subject to section 722.1.
Sec. 1771. Section 88A.11, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. The commissioner director may exempt amusement devices
from the provisions of this chapter that have self-contained
wiring installed by the manufacturer, that are operated
manually by the use of hands or feet, that operate on less than
one hundred twenty volts of electrical power, and that are
-1062-fixtures or appliances within or part of a structure subject to
the building code of this state or any political subdivision
of this state.
4. The commissioner director may exempt playground
equipment owned, maintained, and operated by any political
subdivision of this state.
Sec. 1772. Section 88A.13, Code 2023, is amended to read as
follows:
88A.13 Waiver of inspection.
The commissioner director may waive the requirement that
an amusement device or ride or any part thereof be inspected
before being operated in this state if an operator gives
satisfactory proof to the commissioner director that the
amusement device or ride or any part thereof has passed an
inspection conducted by a public or private agency whose
inspection standards and requirements are at least equal
to those requirements and standards established by the
commissioner director under the provisions of this chapter.
The annual permit and inspection fees shall be paid before the
commissioner director may waive this requirement.
Sec. 1773. Section 88A.14, Code 2023, is amended to read as
follows:
88A.14 Injunction.
In addition to any and all other remedies, if an owner,
operator, or person in charge of any amusement device or ride,
concession booth, or related electrical equipment covered by
this chapter, continues to operate any amusement device or
ride, concession booth, or related electrical equipment covered
by this chapter, after receiving a notice of defect as provided
by this chapter, without first correcting the defects or making
replacements, the commissioner director may petition the
district court in equity, in an action brought in the name of
the state, for a writ of injunction to restrain the use of the
alleged defective amusement device or ride, concession booth,
or related electrical equipment.
-1063- Sec. 1774. Section 88B.1, subsections 3 and 4, Code 2023,
are amended by striking the subsections and inserting in lieu
thereof the following:
3. “Department” means the department of inspections,
appeals, and licensing.
4. “Director” means the director of the department of
inspections, appeals, and licensing.
Sec. 1775. Section 88B.1, subsections 5 and 6, Code 2023,
are amended to read as follows:
5. “License” means an authorization issued by the division
department permitting an individual person, including a
supervisor or contractor, to work on an asbestos project, to
inspect buildings for asbestos-containing building materials,
to develop management plans, and to act as an asbestos project
designer.
6. “Permit” means an authorization issued by the division
department permitting a business entity to remove or
encapsulate asbestos.
Sec. 1776. Section 88B.3, Code 2023, is amended to read as
follows:
88B.3 Administration — rules — fees — inspections.
1. The commissioner director shall administer this chapter.
2. The commissioner director shall adopt, in accordance
with chapter 17A, rules necessary to carry out the provisions
of this chapter.
3. The commissioner director shall prescribe fees for
the issuance and renewal of licenses and permits. The fees
shall be based on the costs of licensing, permitting, and
administering this chapter, including time spent by personnel
of the division department in performing duties and any travel
expenses incurred. All fees provided for in this chapter shall
be collected by the commissioner director and remitted to the
treasurer of state for deposit in the general fund of the
state.
4. At least once a year, during an actual asbestos project,
-1064-the division department shall conduct an on-site inspection
of each permittee’s procedures for removing and encapsulating
asbestos.
Sec. 1777. Section 88B.3A, subsection 1, Code 2023, is
amended to read as follows:
1. To qualify for a permit, a business entity shall submit
an application to the division department in the form required
by the division department and pay the prescribed fee.
Sec. 1778. Section 88B.4, Code 2023, is amended to read as
follows:
88B.4 Permit — term, renewal, and records required.
1. A permit expires on the first anniversary of its
effective date, unless it is renewed for a one-year term as
provided in this section.
2. At least one month before the permit expires, the
division department shall send to the permittee, at the last
known address of the permittee, a renewal notice that states
all of the following:
a. The date on which the current permit expires.
b. The date by which the renewal application must be
received by the division department for the renewal to be
issued and mailed before the permit expires.
c. The amount of the renewal fee.
3. Before the permit expires, the permittee may renew it for
an additional one-year term, if the business entity meets the
following conditions:
a. Is otherwise entitled to a permit.
b. Submits a renewal application to the division department
in the form required by the division department.
c. Pays the renewal fee prescribed by the division
department.
4. The permittee shall keep a record of each asbestos
project it performs and shall make the record available to the
division department at any reasonable time. Records shall
contain information and be kept for a time prescribed in rules
-1065-adopted by the division department.
Sec. 1779. Section 88B.5, Code 2023, is amended to read as
follows:
88B.5 Waivers and alternative procedures.
1. In an emergency that results from a sudden, unexpected
event that is not a planned renovation or demolition, the
commissioner director may waive the requirement for a permit.
2. If the business entity is not primarily engaged in the
removal or encapsulation of asbestos, the commissioner director
may waive the requirement for a permit if worker protection
requirements are met.
3. The division department shall not approve any waivers
on work conducted at a school, public, or commercial building
unless the request is accompanied by a recommendation from an
asbestos project designer.
Sec. 1780. Section 88B.6, subsection 1, paragraphs a and b,
Code 2023, are amended to read as follows:
a. To apply for a license, an individual shall submit an
application to the division department in the form required by
the division department and shall pay the prescribed fee.
b. The application shall include information prescribed by
rules adopted by the commissioner director.
Sec. 1781. Section 88B.6, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
An individual is not eligible to be or do any of the
following unless the person obtains a license from the division
department:
Sec. 1782. Section 88B.6, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. To qualify for a license, the applicant must have
successfully completed training as established by the United
States environmental protection agency, paid a fee, and met
other requirements as specified by the division department by
rule.
-1066- Sec. 1783. Section 88B.8, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The division department may deny, suspend, or revoke a
permit or license, in accordance with chapter 17A, if the
permittee or licensee does any of the following:
Sec. 1784. Section 88B.8, subsection 2, Code 2023, is
amended to read as follows:
2. Fails at any time to meet the qualifications for a permit
or license or to comply with a rule adopted by the commissioner
director under this chapter.
Sec. 1785. Section 88B.11, Code 2023, is amended to read as
follows:
88B.11 Bids for governmental projects.
A state agency or political subdivision shall not accept a
bid in connection with any asbestos project from a business
entity that does not hold a permit from the division department
at the time the bid is submitted, unless the business entity
provides the state agency or political subdivision with written
proof that ensures that the business entity has contracted
to have the asbestos removal or encapsulation performed by a
licensed asbestos contractor.
Sec. 1786. Section 89.1, subsection 1, Code 2023, is amended
to read as follows:
1. The labor commissioner director shall enforce the
provisions of this chapter and may employ qualified personnel
under the provisions of chapter 8A, subchapter IV, to
administer the provisions of this chapter.
Sec. 1787. Section 89.2, subsection 4, Code 2023, is amended
by striking the subsection and inserting in lieu thereof the
following:
4. “Department” means the department of inspections,
appeals, and licensing.
Sec. 1788. Section 89.2, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 4A. “Director” means the director of the
-1067-department of inspections, appeals, and licensing.
Sec. 1789. Section 89.2, subsection 9, Code 2023, is amended
to read as follows:
9. “Special inspector” means an inspector who holds a
commission from the commissioner director and who is not a
state employee.
Sec. 1790. Section 89.3, Code 2023, is amended to read as
follows:
89.3 Inspection made.
1. It shall be the duty of the commissioner director to
inspect or cause to be inspected internally and externally, at
least once every twelve months, except as otherwise provided
in this section, in order to determine whether all such
equipment is in a safe and satisfactory condition, and properly
constructed and maintained for the purpose for which it is
used, all boilers and unfired steam pressure vessels operating
in excess of fifteen pounds per square inch, all low pressure
heating boilers and unfired steam pressure vessels located in
places of public assembly and other appurtenances used in this
state for generating or transmitting steam for power, or for
using steam under pressure for heating or steaming purposes.
2. The commissioner director may enter any building or
structure, public or private, for the purpose of inspecting any
equipment covered by this chapter or gathering information with
reference thereto.
3. The commissioner may inspect boilers and tanks
and other equipment stamped with the American society of
mechanical engineers code symbol for other than steam pressure,
manufactured in Iowa, when requested by the manufacturer.
4. a. An object that meets all of the following criteria
shall be inspected at least once every two years internally
and externally while not under pressure, and at least once
every two years externally while under pressure, unless the
commissioner director determines that an earlier inspection is
warranted:
-1068- (1) The object is a boiler with one hundred thousand pounds
per hour or more capacity, or the object is an unfired steam
pressure vessel or a regulated appurtenance that is part of the
same system as a boiler with one hundred thousand pounds per
hour or more capacity.
(2) The object contains only water subject to internal
continuous water treatment under the direct supervision of
a graduate engineer or chemist, or one having equivalent
experience in the treatment of boiler water.
(3) The water treatment is for the purpose of controlling
and limiting serious corrosion and other deteriorating factors.
b. The owner or user of an object meeting the criteria in
paragraph “a” shall do the following:
(1) At any time the commissioner director, a special
inspector, or the supervisor of water treatment deems a
hydrostatic test is necessary to determine the safety of
an object, conduct the test under the supervision of the
commissioner director.
(2) Keep available for examination by the commissioner
director accurate records showing the date and actual time the
object is out of service and the reason it is out of service.
(3) Keep available for examination by the commissioner
director chemical physical laboratory analyses of samples of
the object water taken at regular intervals of not more than
forty-eight hours of operation as will adequately show the
condition of the water and any elements or characteristics of
the water which are capable of producing corrosion or other
deterioration of the object or its parts.
5. a. An object that meets all of the following criteria
shall be inspected at least once each year externally while
under pressure and at least once every four years internally
while not under pressure, unless the commissioner director
determines an earlier inspection is warranted:
(1) The object is a boiler with one hundred thousand pounds
per hour or more capacity, or the object is an unfired steam
-1069-pressure vessel or a regulated appurtenance that is part of the
same system as a boiler with one hundred thousand pounds per
hour or more capacity.
(2) The object contains only water subject to internal
continuous water treatment under the direct supervision of
a graduate engineer or chemist, or one having equivalent
experience in the treatment of boiler water.
(3) The water treatment is for the purpose of controlling
and limiting serious corrosion and other deteriorating factors.
(4) Either of the following:
(a) The owner or user is a participant in good standing in
the Iowa occupational safety and health voluntary protection
program and has achieved star status within the program, which
is administered by the division of labor services in the
department of workforce development inspections, appeals, and
licensing.
(b) The object is an unfired steam pressure vessel and is
part of or integral to the continuous operation of a process
covered by and compliant with the occupational safety and
health administration process safety management standard
contained in 29 C.F.R. §1910.119 and the owner demonstrates
such compliance to a special inspector or the commissioner
director. The unfired steam pressure vessel must also be
included as process safety management process equipment in the
owner of the unfired steam pressure vessel’s process safety
management program.
b. The owner or user of an object that meets the criteria in
paragraph “a” shall do the following:
(1) At any time the commissioner director, a special
inspector, or the supervisor of the water treatment deems
a hydrostatic test necessary to determine the safety of
an object, conduct the test under the supervision of the
commissioner director.
(2) Keep available for examination by the commissioner
director accurate records showing the date and actual time the
-1070-object is out of service and the reason it is out of service.
(3) Arrange for an internal inspection of the object during
each planned outage by a special inspector or the commissioner
director.
(4) Keep for examination by the commissioner director
accurate records showing the chemical physical laboratory
analyses of samples of the object’s water taken at regular
intervals of not more than forty-eight hours of operation
adequate to show the condition of the water and any elements
or characteristics of the water that are capable of producing
corrosion or other deterioration of the object or its parts.
6. Internal inspections of cast aluminum steam, cast
aluminum hot water heating, sectional cast iron steam, and
cast iron hot water heating boilers shall be conducted only
as deemed necessary by the commissioner director. External
operating inspections shall be conducted annually.
7. Internal inspections of steel hot water boilers shall be
conducted once every six years. External operating inspections
shall be conducted annually in years other than the year in
which internal inspections are conducted.
8. Inspections of unfired steam pressure vessels operating
in excess of fifteen pounds per square inch and low pressure
steam boilers shall be conducted at least once each calendar
year. The inspections conducted within each two-year period
shall include an external inspection conducted while the boiler
is operating and an internal inspection, where construction
permits. No more than one inspection shall be conducted per
six-month period. An internal inspection of an unfired steam
pressure vessel or low pressure steam boiler may be required
at any time by the commissioner director upon the observation
by an inspector of conditions, enumerated by the commissioner
director through rules, warranting an internal inspection.
If a low pressure steam boiler is in dry lay-up, an internal
inspection shall be conducted in lieu of an external
inspection. For purposes of this subsection, “dry lay-up”
-1071-means a process whereby a boiler is taken out of service for a
period of six months or longer, drained, dried, and cleaned,
and measures to prevent corrosion are performed on the boiler.
9. An internal inspection shall not be required on an
unfired steam pressure vessel that was manufactured without an
inspection opening.
10. An exhibition boiler does not require an annual
inspection certificate but special inspections may be requested
by the owner or an event’s management to be performed by the
commissioner director. Upon the completion of an exhibition
boiler inspection a written condition report shall be prepared
by the commissioner director regarding the condition of
the exhibition boiler’s boiler or pressure vessel. This
report will be issued to the owner and the management of all
events at which the exhibition boiler is to be operated. The
event’s management is responsible for the decision on whether
the exhibition boiler should be operated and shall inform
the division of labor services department of the event’s
management’s decision. The event’s management is responsible
for any injuries which result from the operation of any
exhibition boiler approved for use at the event by the event’s
management. A repair symbol, known as the “R” stamp, is not
required for repairs made to exhibition boilers pursuant to the
rules regarding inspections and repair of exhibition boilers as
adopted by the commissioner director, pursuant to chapter 17A.
11. An inspection report created pursuant to this chapter
that requires modification, alteration, or change shall be in
writing and shall cite the state law or rule or the ASME code
section allegedly violated.
Sec. 1791. Section 89.4, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
Unfired steam pressure vessels not exceeding the following
limitations are not required to be reported to the commissioner
director and shall be exempt from regular inspection under
provisions of this chapter:
-1072- Sec. 1792. Section 89.5, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. The commissioner director shall investigate and record
the cause of any boiler explosion that may occur in the state,
the loss of life, injuries sustained, and estimated loss of
property, if any; and such other data as may be of benefit in
preventing a recurrence of similar explosions.
2. The commissioner director shall keep a complete and
accurate record of the name of the owner or user of each steam
boiler or other equipment subject to this chapter, giving
a full description of the equipment, including the type,
dimensions, age, condition, the amount of pressure allowed, and
the date when last inspected.
Sec. 1793. Section 89.6, Code 2023, is amended to read as
follows:
89.6 Notice to commissioner director.
1. Before any equipment included under the provisions
of this chapter is installed by any owner, user, or lessee
thereof, a ten days’ written notice of intention to install the
equipment shall be given to the commissioner director. The
notice shall designate the proposed place of installation, the
type and capacity of the equipment, the use to be made thereof,
the name of the company which manufactured the equipment, and
whether the equipment is new or used.
2. Before any power boiler is converted to a low pressure
boiler, the owner or user shall give to the commissioner
director ten days’ written notice of intent to convert the
boiler. The notice shall designate the boiler location, the
uses of the building, and other information specified by rule
by the board.
Sec. 1794. Section 89.7, Code 2023, is amended to read as
follows:
89.7 Special inspectors.
1. The inspection required by this chapter shall not be
made by the commissioner director if an owner or user of
-1073-equipment specified by this chapter obtains an inspection by
a representative of a reputable insurance company and obtains
a policy of insurance upon the equipment from that insurance
company.
2. The representative conducting the inspection shall
be commissioned by the commissioner director as a special
inspector for the year during which the inspection occurs
and shall meet such other requirements as the commissioner
director may by rule establish. The commission shall be valid
for one year and the special inspector shall pay a fee for the
issuance of the commission. The commissioner director shall
establish the amount of the fee by rule. The commissioner
director shall establish rules for the issuance and revocation
of special inspector commissions. The rules are subject to the
requirements of chapter 17A.
3. The insurance company shall file a notice of insurance
coverage on forms approved by the commissioner director stating
that the equipment is insured and that inspection shall be made
in accordance with section 89.3.
4. The special inspector shall provide the user and the
commissioner director with an inspection report including the
nature and extent of all defects and violations, in a format
approved by the labor commissioner director.
5. The failure of a special inspector to inform the
commissioner director of violations shall not subject the
commissioner director to liability for any damages incurred.
Sec. 1795. Section 89.7A, Code 2023, is amended to read as
follows:
89.7A Certificates.
1. The commissioner director shall issue a certificate of
inspection valid for the period specified in section 89.3 after
the payment of a fee, the filing of an inspection report, and
the correction or other appropriate resolution of any defects
identified in the inspection report. The certificate shall be
posted at a place near the location of the equipment.
-1074- 2. The owner or user of any equipment covered in this
chapter, or persons in charge of such equipment, shall not
allow or permit a greater pressure in any unit than is stated
in the certificate of inspection issued by the commissioner
director.
3. The commissioner director shall indicate to the user
whether or not the equipment may be used without making repair
or replacement of defective parts, or whether or how the
equipment may be used in a limited capacity before repairs
or replacements are made, and the commissioner director may
permit the user a reasonable time to make such repairs or
replacements.
Sec. 1796. Section 89.8, Code 2023, is amended to read as
follows:
89.8 Boiler and pressure vessel safety fund — fees
appropriated.
A boiler and pressure vessel safety revolving fund is
created within the state treasury under the control of the
commissioner director and shall consist of moneys collected
by the commissioner director as fees. Moneys in the fund are
appropriated and shall be used by the commissioner director
to pay the actual costs and expenses necessary to operate the
board and administer the provisions of this chapter. All
salaries and expenses properly chargeable to the fund shall be
paid from the fund. Section 8.33 does not apply to any moneys
in the fund. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys deposited in the fund shall be
credited to the fund.
Sec. 1797. Section 89.9, Code 2023, is amended to read as
follows:
89.9 Disposal of fees.
All fees provided for in this chapter shall be collected
by the commissioner director and remitted to the treasurer
of state, to be deposited in the boiler and pressure vessel
safety fund pursuant to section 89.8, together with an itemized
-1075-statement showing the source of collection.
Sec. 1798. Section 89.11, Code 2023, is amended to read as
follows:
89.11 Injunction.
1. In addition to all other remedies, if any owner, user,
or person in charge of any equipment covered by this chapter
continues to use any equipment covered by this chapter,
after receiving an inspection report identifying defects and
exhausting appeal rights as provided by this chapter without
first correcting the defects or making replacements, the
commissioner director may apply to the district court by
petition in equity, in an action brought in the name of the
state, for a writ of injunction to restrain the use of the
alleged defective equipment.
2. If the commissioner director believes that the continued
operation of equipment constitutes an imminent danger that
could seriously injure or cause death to any person, in
addition to all other remedies, the commissioner director
may apply to the district court in the county in which the
imminently dangerous condition exists for a temporary order to
enjoin the owner, user, or person in charge from operating the
equipment before the owner’s, user’s, or person’s rights to
administrative appeals have been exhausted.
Sec. 1799. Section 89.12, Code 2023, is amended to read as
follows:
89.12 Hearing — notice — decree.
The commissioner director shall notify in writing the owner
or user of the equipment of the time and place of hearing of the
petition as fixed by the court or judge, and shall serve the
notice on the defendant at least five days prior to the hearing
in the same manner as original notices are served. The general
provisions relating to civil practice and procedure as may be
applicable, shall govern the proceedings, except as herein
modified. In the event the defendant does not appear or plead
to the action, default shall be entered against the defendant.
-1076-The action shall be tried in equity, and the court or judge
shall make such order or decree as the evidence warrants.
Sec. 1800. Section 89.13, Code 2023, is amended to read as
follows:
89.13 Civil penalty allowed.
If upon notice and hearing the commissioner director
determines that an owner has operated a facility in violation
of a safety order, the commissioner director may assess a civil
penalty against the owner in an amount not exceeding five
hundred dollars, as determined by the commissioner director.
An order assessing a civil penalty is subject to appeal to
the employment appeal board and to judicial review. The
commissioner director may commence an action in the district
court to enforce payment of a civil penalty. Revenue from
the penalty provided in this section shall be remitted to the
treasurer of state for deposit in the general fund of the
state.
Sec. 1801. Section 89.14, subsection 1, Code 2023, is
amended to read as follows:
1. A boiler and pressure vessel board is created within
the division of labor services of the department of workforce
development to formulate definitions and rules requirements
for the safe and proper installation, repair, maintenance,
alteration, use, and operation of boilers and pressure vessels
in this state.
Sec. 1802. Section 89.14, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The commissioner director or the commissioner’s
director’s designee.
Sec. 1803. Section 89.14, subsections 4, 6, and 8, Code
2023, are amended to read as follows:
4. The members of the board shall select a chairperson, vice
chairperson, and secretary from their membership. However,
neither the commissioner director nor the commissioner’s
director’s designee shall serve as chairperson. The board
-1077-shall meet at least quarterly but may meet as often as
necessary. Meetings shall be set by a majority of the board
or upon the call of the chairperson, or in the chairperson’s
absence, upon the call of the vice chairperson. A majority of
the board members shall constitute a quorum.
6. A notice of defect or inspection report issued by the
commissioner director pursuant to this chapter may, within
thirty days after the making of the order, be appealed to
the board. Board action constitutes final agency action for
purposes of chapter 17A.
8. The board shall establish fees for examinations,
inspections, annual statements, shop inspections, and other
services. The fees shall reflect the actual costs and expenses
necessary to operate the board and perform the duties of the
commissioner director.
Sec. 1804. Section 89A.1, subsections 2 and 4, Code 2023,
are amended by striking the subsections.
Sec. 1805. Section 89A.1, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 4A. “Department” means the department of
inspections, appeals, and licensing.
NEW SUBSECTION. 4B. “Director” means the director of the
department of inspections, appeals, and licensing.
Sec. 1806. Section 89A.1, subsections 11, 15, 16, and 19,
Code 2023, are amended to read as follows:
11. “Inspector” means an inspector employed by the division
department for the purpose of administering this chapter.
15. “New installation” means a conveyance the construction
or relocation of which is begun, or for which an application
for a new installation permit is filed, on or after the
effective date of rules relating to those permits adopted by
the commissioner director under authority of this chapter. All
other installations are existing installations.
16. “Owner” means the owner of a conveyance, unless the
conveyance is a new installation or is undergoing major
-1078-alterations, in which case the owner shall be considered the
person responsible for the installation or alteration of the
conveyance until the conveyance has passed final inspection by
the division department.
19. “Special inspector” means an inspector commissioned
by the labor commissioner director, and not employed by the
division department.
Sec. 1807. Section 89A.3, subsections 6 and 8, Code 2023,
are amended to read as follows:
6. The commissioner director shall furnish copies of
the rules adopted pursuant to this chapter to any person who
requests them, without charge, or upon payment of a charge not
to exceed the actual cost of printing of the rules.
8. The commissioner director may adopt rules pursuant to
chapter 17A relating to the denial, issuance, revocation, and
suspension of special inspector commissions.
Sec. 1808. Section 89A.4, Code 2023, is amended to read as
follows:
89A.4 Commissioner’s Director’s duties and personnel.
The commissioner director shall enforce the provisions of
this chapter. The commissioner director shall employ personnel
for the administration of this chapter pursuant to chapter 8A,
subchapter IV.
Sec. 1809. Section 89A.5, Code 2023, is amended to read as
follows:
89A.5 Registration of conveyances.
The owner of every existing conveyance, whether or not
dormant, shall register the conveyance with the commissioner
director, giving type, contract load and speed, name of
manufacturer, its location, and the purpose for which it is
used, and other information the commissioner director may
require. Registration shall be made in a format required by
the division department.
Sec. 1810. Section 89A.6, subsections 2, 4, and 5, Code
2023, are amended to read as follows:
-1079- 2. Every existing conveyance registered with the
commissioner director shall be inspected within one year
after the effective date of the registration, except that the
safety board may extend by rule the time specified for making
inspections.
4. The inspections required by subsections 1 through 3
shall be made only by inspectors or special inspectors. An
inspection by a special inspector may be accepted by the
commissioner director in lieu of a required inspection by an
inspector.
5. A report of every inspection shall be filed with the
commissioner director by the inspector or special inspector,
in a format required by the commissioner director, after the
inspection has been completed and within the time provided
by rule, but not to exceed thirty days. The report shall
include all information required by the commissioner director
to determine whether the conveyance is in compliance with
applicable rules. For the inspection required by subsection
1, the report shall indicate whether the conveyance has
been installed in accordance with the detailed plans and
specifications approved by the commissioner director, and
meets the requirements of the applicable rules. The failure
of a special inspector to inform the commissioner director
of violations shall not subject the commissioner director to
liability for any damages incurred.
Sec. 1811. Section 89A.7, Code 2023, is amended to read as
follows:
89A.7 Alteration permits.
The owner shall submit to the commissioner director detailed
plans, specifications, and other information the commissioner
director may require for each conveyance to be altered,
together with an application for an alteration permit, in
a format required by the commissioner director. Repairs
or replacements necessary for normal maintenance are not
alterations, and may be made on existing installations with
-1080-parts equivalent in material, strength, and design to those
replaced and no plans or specifications or application need be
filed for the repairs or replacements. However, this section
does not authorize the use of any conveyance contrary to an
order issued pursuant to section 89A.10, subsections 2 and 3.
Sec. 1812. Section 89A.8, Code 2023, is amended to read as
follows:
89A.8 New installation permits.
1. The installation or relocation of a conveyance shall
not begin until an installation permit has been issued by the
commissioner director.
2. An application for an installation permit shall be
submitted in a format determined by the commissioner director.
3. a. If the application or any accompanying materials
indicates a failure to comply with applicable rules, the
commissioner director shall give notice of the compliance
failures to the person filing the application.
b. If the application indicates compliance with applicable
rules or after compliance failures have been remedied, the
commissioner director shall issue an installation permit for
relocation or installation, as applicable.
Sec. 1813. Section 89A.9, subsection 1, Code 2023, is
amended to read as follows:
1. Operating permits shall be issued by the commissioner
director to the owner of every conveyance when the inspection
report indicates compliance with the applicable provisions
of this chapter. However, a permit shall not be issued
if the fees required by this chapter have not been paid.
Permits shall be issued within thirty days after filing of
the inspection report required by section 89A.6, unless the
time is extended for cause by the division department. A
conveyance shall not be operated after the thirty days or after
an extension granted by the commissioner director has expired,
unless an operating permit has been issued.
Sec. 1814. Section 89A.10, Code 2023, is amended to read as
-1081-follows:
89A.10 Enforcement orders by commissioner director —
injunction.
1. If an inspection report indicates a failure to comply
with applicable rules, or with the detailed plans and
specifications approved by the commissioner director, the
commissioner director may, upon giving notice, order the owner
of a conveyance to make the changes necessary for compliance.
2. If the owner does not make the changes necessary for
compliance as required in subsection 1 within the period
specified by the commissioner director, the commissioner
director, upon notice, may suspend or revoke the operating
permit, or may refuse to issue the operating permit for
the conveyance. The commissioner director shall notify the
owner of any action to suspend, revoke, or refuse to issue an
operating permit and the reason for the action by service in
the same manner as an original notice or by certified mail. An
owner may appeal the commissioner’s director’s initial decision
to the safety board. The decision of the safety board shall be
considered final agency action pursuant to chapter 17A.
3. If the commissioner director has reason to believe
that the continued operation of a conveyance constitutes
an imminent danger which could reasonably be expected to
seriously injure or cause death to any person, in addition to
any other remedies, the commissioner director may apply to the
district court in the county in which such imminently dangerous
condition exists for a temporary order for the purpose of
enjoining such imminently dangerous conveyance. Upon hearing,
if deemed appropriate by the court, a permanent injunction
may be issued to ensure that such imminently dangerous
conveyance be prevented or controlled. Upon the elimination
or rectification of such imminently dangerous condition, the
temporary or permanent injunction shall be vacated.
Sec. 1815. Section 89A.12, Code 2023, is amended to read as
follows:
-1082- 89A.12 Access to conveyances.
Every owner of a conveyance subject to regulation by
this chapter shall grant access to that conveyance to the
commissioner director and personnel of the division department.
Inspections shall be permitted at reasonable times, with or
without prior notice.
Sec. 1816. Section 89A.13, subsections 1, 2, and 4, Code
2023, are amended to read as follows:
1. An elevator safety board is created within the division
of labor services in the department of workforce development
to formulate definitions and rules for the safe and proper
installation, repair, maintenance, alteration, use, and
operation of conveyances in this state.
2. The safety board is composed of nine members, one of
whom shall be the commissioner director or the commissioner’s
director’s designee. The governor shall appoint the remaining
eight members of the board, subject to senate confirmation, to
staggered four-year terms which shall begin and end as provided
in section 69.19. The members shall be as follows: two
representatives from an elevator manufacturing company or
its authorized representative; two representatives from
elevator servicing companies; one building owner or manager;
one representative employed by a local government in this
state who is knowledgeable about building codes in this
state; one representative of workers actively involved in the
installation, maintenance, and repair of elevators; and one
licensed mechanical engineer.
4. The members of the safety board shall select a
chairperson, vice chairperson, and a secretary from their
membership. However, neither the commissioner director nor the
commissioner’s director’s designee shall serve as chairperson.
The safety board shall meet at least quarterly but may meet as
often as necessary. Meetings shall be set by a majority of the
safety board or upon the call of the chairperson, or in the
chairperson’s absence, upon the call of the vice chairperson.
-1083-A majority of the safety board members shall constitute a
quorum.
Sec. 1817. Section 89A.15, Code 2023, is amended to read as
follows:
89A.15 Inspections by local authorities.
A city or other governmental subdivision shall not make or
maintain any ordinance, bylaw, or resolution providing for the
licensing of special inspectors. An ordinance or resolution
relating to the inspection, construction, installation,
alteration, maintenance, or operation of conveyances within
the limits of the city or governmental subdivision which
conflicts with this chapter or with rules adopted pursuant
to this chapter is void. The commissioner director, in the
commissioner’s director’s discretion, may accept inspections by
local authorities in lieu of inspections required by section
89A.6, but only upon a showing by the local authority that
applicable laws and rules will be consistently and literally
enforced and that inspections will be performed by special
inspectors.
Sec. 1818. Section 89A.16, Code 2023, is amended to read as
follows:
89A.16 Prosecution of offenses.
The division department shall cause prosecution for the
violation of the provisions of this chapter to be instituted
by the attorney general in the county in which the violation
occurred.
Sec. 1819. Section 89A.18, Code 2023, is amended to read as
follows:
89A.18 Civil penalty.
If upon notice and hearing the commissioner director
determines that an owner has operated a conveyance after an
order of the commissioner director that suspends, revokes,
or refuses to issue an operating permit for the conveyance
has become final under section 89A.10, subsection 2, the
commissioner director may assess a civil penalty against the
-1084-owner in an amount not exceeding five hundred dollars, as
determined by the commissioner director. An order assessing
a civil penalty is subject to appeal under section 89A.10,
subsection 2, in the same manner and to the same extent as
decisions referred to in that subsection. The commissioner
director may commence an action in the district court to
enforce payment of the civil penalty. A record of assessment
against or payment of a civil penalty by any person for a
violation of this section shall not be admissible as evidence
in any court in any civil action. Revenue from the penalty
provided in this section shall be remitted to the treasurer of
state for deposit in the state general fund.
Sec. 1820. Section 89A.19, Code 2023, is amended to read as
follows:
89A.19 Elevator safety fund — fees appropriated.
A revolving elevator safety fund is created in the state
treasury under the control of the commissioner director and
shall consist of moneys collected by the commissioner director
as fees. Moneys in the fund are appropriated to and shall
be used by the commissioner director to pay the actual costs
and expenses necessary to operate the safety board and perform
the duties of the commissioner director as described in this
chapter. All fees collected by the commissioner director
pursuant to this chapter shall be remitted to the treasurer
of state to be deposited in the elevator safety fund. All
salaries and expenses properly chargeable to the fund shall be
paid from the fund. Section 8.33 does not apply to any moneys
in the fund. Notwithstanding section 12C.7, subsection 2,
interest or earnings on moneys deposited in the fund shall be
credited to the fund.
Sec. 1821. Section 89B.3, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 01. “Commissioner” means the labor
commissioner appointed pursuant to section 10A.203, or the
labor commissioner’s designee.
-1085- Sec. 1822. Section 89B.3, subsection 1, Code 2023, is
amended to read as follows:
1. “Division” means the division of labor services of the
department of workforce development created under section 84A.1
inspections, appeals, and licensing.
Sec. 1823. Section 90A.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Commissioner” means the state commissioner of athletics,
who is also the labor commissioner appointed pursuant to
section 91.2, director of the department of inspections,
appeals, and licensing or the labor commissioner’s director’s
designee.
Sec. 1824. Section 91A.2, subsection 1, Code 2023, is
amended by striking the subsection.
Sec. 1825. Section 91A.2, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 2A. “Director” means the director of the
department of inspections, appeals, and licensing.
Sec. 1826. Section 91A.6, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An employer shall after being notified by the commissioner
director pursuant to subsection 2:
Sec. 1827. Section 91A.6, subsection 2, Code 2023, is
amended to read as follows:
2. The commissioner director shall notify an employer to
comply with subsection 1 if the employer has paid a claim
for unpaid wages or nonreimbursed authorized expenses and
liquidated damages under section 91A.10 or if the employer
has been assessed a civil money penalty under section 91A.12.
However, a court may, when rendering a judgment for wages or
nonreimbursed authorized expenses and liquidated damages or
upholding a civil money penalty assessment, order that an
employer shall not be required to comply with the provisions of
subsection 1 or that an employer shall be required to comply
with the provisions of subsection 1 for a particular period of
-1086-time.
Sec. 1828. Section 91A.9, Code 2023, is amended to read as
follows:
91A.9 General powers and duties of the commissioner director.
1. The commissioner director shall administer and enforce
the provisions of this chapter. The commissioner director may
hold hearings and investigate charges of violations of this
chapter.
2. The commissioner director may, consistent with due
process of law, enter any place of employment to inspect
records concerning wages and payrolls, to question the employer
and employees, and to investigate such facts, conditions, or
matters as are deemed appropriate in determining whether any
person has violated the provisions of this chapter. However,
such entry by the commissioner director shall only be in
response to a written complaint.
3. The commissioner director may employ such qualified
personnel as are necessary for the enforcement of this chapter.
Such personnel shall be employed pursuant to chapter 8A,
subchapter IV.
4. The commissioner director shall, in consultation with
the United States department of labor, develop a database of
the employers in this state utilizing special certificates
issued by the United States secretary of labor as authorized
under 29 U.S.C. §214, and shall maintain the database.
5. The commissioner director shall promulgate, pursuant to
chapter 17A, any rules necessary to carry out the provisions of
this chapter.
Sec. 1829. Section 91A.10, Code 2023, is amended to read as
follows:
91A.10 Settlement of claims and suits for wages —
prohibition against discharge of employee.
1. Upon the written complaint of the employee involved,
the commissioner director may determine whether wages have
not been paid and may constitute an enforceable claim. If
-1087-for any reason the commissioner director decides not to make
such determination, the commissioner director shall so notify
the complaining employee within fourteen days of receipt of
the complaint. The commissioner director shall otherwise
notify the employee of such determination within a reasonable
time and if it is determined that there is an enforceable
claim, the commissioner director shall, with the consent of
the complaining employee, take an assignment in trust for the
wages and for any claim for liquidated damages without being
bound by any of the technical rules respecting the validity of
the assignment. However, the commissioner director shall not
accept any complaint for unpaid wages and liquidated damages
after one year from the date the wages became due and payable.
2. The commissioner director, with the assistance of the
office of the attorney general if the commissioner director
requests such assistance, shall, unless a settlement is
reached under this subsection, commence a civil action in any
court of competent jurisdiction to recover for the benefit
of any employee any wage, expenses, and liquidated damages’
claims that have been assigned to the commissioner director
for recovery. The commissioner director may also request
reasonable and necessary attorney fees. With the consent
of the assigning employee, the commissioner director may
also settle a claim on behalf of the assigning employee.
Proceedings under this subsection and subsection 1 that precede
commencement of a civil action shall be conducted informally
without any party having a right to be heard before the
commissioner director. The commissioner director may join
various assignments in one claim for the purpose of settling or
litigating their claims.
3. The provisions of subsections 1 and 2 shall not be
construed to prevent an employee from settling or bringing an
action for damages under section 91A.8 if the employee has not
assigned the claim under subsection 1.
4. Any recovery of attorney fees, in the case of actions
-1088-brought under this section by the commissioner director, shall
be remitted by the commissioner director to the treasurer of
state for deposit in the general fund of the state. Also, the
commissioner director shall not be required to pay any filing
fee or other court costs.
5. An employer shall not discharge or in any other manner
discriminate against any employee because the employee has
filed a complaint, assigned a claim, or brought an action
under this section or has cooperated in bringing any action
against an employer. Any employee may file a complaint with
the commissioner director alleging discharge or discrimination
within thirty days after such violation occurs. Upon receipt
of the complaint, the commissioner director shall cause an
investigation to be made to the extent deemed appropriate. If
the commissioner director determines from the investigation
that the provisions of this subsection have been violated, the
commissioner director shall bring an action in the appropriate
district court against such person. The district court shall
have jurisdiction, for cause shown, to restrain violations of
this subsection and order all appropriate relief including
rehiring or reinstatement of the employee to the former
position with back pay.
Sec. 1830. Section 91A.11, Code 2023, is amended to read as
follows:
91A.11 Wage claims brought under reciprocity.
1. The commissioner director may enter into reciprocal
agreements with the labor department or corresponding agency
of any other state or its representatives for the collection
in such other states of claims or judgments for wages and
other demands based upon claims assigned to the commissioner
director.
2. The commissioner director may, to the extent provided
for by any reciprocal agreement entered into by law or with an
agency of another state as provided in this section, maintain
actions in the courts of such other state to the extent
-1089-permitted by the laws of that state for the collection of
claims for wages, judgments and other demands and may assign
such claims, judgments and demands to the labor department or
agency of such other state for collection to the extent that
such an assignment may be permitted or provided for by the laws
of such state or by reciprocal agreement.
3. The commissioner director may, upon the written consent
of the labor department or other corresponding agency of any
other state or its representatives, maintain actions in the
courts of this state upon assigned claims for wages, judgments
and demands arising in such other state in the same manner
and to the same extent that such actions by the commissioner
director are authorized when arising in this state. However,
such actions may be maintained only in cases in which such
other state by law or reciprocal agreement extends a like
comity to cases arising in this state.
Sec. 1831. Section 91A.12, Code 2023, is amended to read as
follows:
91A.12 Civil penalties.
1. Any employer who violates the provisions of this chapter
or the rules promulgated under it shall be subject to a civil
money penalty of not more than five hundred dollars per pay
period for each violation. The commissioner director may
recover such civil money penalty according to the provisions
of subsections 2 through 5. Any civil money penalty recovered
shall be deposited in the general fund of the state.
2. The commissioner director may propose that an employer
be assessed a civil money penalty by serving the employer with
notice of such proposal in the same manner as an original
notice is served under the rules of civil procedure. Upon
service of such notice, the proposed assessment shall be
treated as a contested case under chapter 17A. However, an
employer must request a hearing within thirty days of being
served.
3. If an employer does not request a hearing pursuant
-1090-to subsection 2 or if the commissioner director determines,
after an appropriate hearing, that an employer is in violation
of this chapter, the commissioner director shall assess a
civil money penalty which is consistent with the provisions
of subsection 1 and which is rendered with due consideration
for the penalty amount in terms of the size of the employer’s
business, the gravity of the violation, the good faith of the
employer, and the history of previous violations.
4. An employer may seek judicial review of any assessment
rendered under subsection 3 by instituting proceedings for
judicial review pursuant to chapter 17A. However, such
proceedings must be instituted in the district court of the
county in which the violation or one of the violations occurred
and within thirty days of the day on which the employer was
notified that an assessment has been rendered. Also, an
employer may be required, at the discretion of the district
court and upon instituting such proceedings, to deposit the
amount assessed with the clerk of the district court. Any
moneys so deposited shall either be returned to the employer
or be forwarded to the commissioner director for deposit in
the general fund of the state, depending on the outcome of the
judicial review, including any appeal to the supreme court.
5. After the time for seeking judicial review has expired
or after all judicial review has been exhausted and the
commissioner’s director’s assessment has been upheld, the
commissioner director shall request the attorney general to
recover the assessed penalties in a civil action.
Sec. 1832. Section 91A.15, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The franchisor has been found by the commissioner
director to have exercised a type or degree of control over
the franchisee or the franchisee’s employees that is not
customarily exercised by a franchisor for the purpose of
protecting the franchisor’s trademarks and brand.
Sec. 1833. Section 91C.1, Code 2023, is amended to read as
-1091-follows:
91C.1 Definition — exemption — combined registration and
licensing process for plumbers and mechanical professionals.
1. As used in this chapter, unless the context otherwise
requires, “contractor”:
a. “Contractor”means a person who engages in the business
of construction, as the term “construction” is defined in the
Iowa administrative code for purposes of chapter 96, the Iowa
employment security law. However, a person who earns less than
two thousand dollars annually or who performs work or has work
performed on the person’s own property is not a contractor for
purposes of this chapter.
b. “Department” means the department of inspections,
appeals, and licensing.
c. “Director” means the director of the department of
inspections, appeals, and licensing.
2. The state, its boards, commissions, agencies,
departments, and its political subdivisions including school
districts and other special purpose districts, are not
contractors for purposes of this chapter.
2. 3. If a contractor’s registration application shows
that the contractor is self-employed, does not pay more than
two thousand dollars annually to employ other persons in the
business, and does not work with or for other contractors in
the same phases of construction, the contractor is exempt from
the fee requirements under this chapter.
3. 4. a. The labor services division of the department of
workforce development and the Iowa department of public health
will work with stakeholders to develop a plan to combine the
contractor registration and contractor licensing application
process for contractors licensed under chapter 105, to be
implemented in time for licensing renewals due July 1, 2017.
Effective July 1, 2017, a A contractor licensed under chapter
105 shall register as a contractor under this chapter in
conjunction with the contractor licensing process established
-1092-by the department. At no cost to the labor services division,
the The department of public health shall collect both the
registration and licensing applications as part of one combined
application. The labor commissioner director shall design
the contractor registration application form to exclude
from the division of labor services’ department’s contractor
registration application process those contractors who are also
covered by chapter 103 or 105. The labor commissioner director
is authorized to adopt rules as needed to accomplish a merger
of the application systems including transitional registration
periods and fees.
b. Effective July 1, 2017, excluding registrations by
contractors that are exempt from the registration fee pursuant
to this section, the department of public health shall collect
and transfer to the labor services division a portion of each
contractor license fee equal to three times the contractor
registration fee for each three-year license or a prorated
portion thereof using a one-sixth deduction for each six-month
period of the renewal cycle.
Sec. 1834. Section 91C.2, Code 2023, is amended to read as
follows:
91C.2 Registration required — conditions.
A contractor doing business in this state shall register
with the labor commissioner director and shall meet all of the
following requirements as a condition of registration:
1. The contractor shall be in compliance with the laws of
this state relating to workers’ compensation insurance and
shall provide evidence of workers’ compensation insurance
coverage annually, of relief from the insurance requirement
pursuant to section 87.11, or a statement that the contractor
is not required to carry workers’ compensation coverage.
Notice of a policy’s cancellation shall be provided to the
labor commissioner director by the insurance company.
2. The contractor shall possess an employer account number
or a special contractor number issued by the department
-1093-of workforce development pursuant to chapter 96, the Iowa
employment security law.
3. An out-of-state contractor shall either file a surety
bond, as provided in section 91C.7, with the division of labor
services department in the amount of twenty-five thousand
dollars or shall provide a statement to the division of labor
services department that the contractor is prequalified to bid
on projects for the department of transportation pursuant to
section 314.1.
Sec. 1835. Section 91C.3, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The registration application shall be in the form prescribed
by the labor commissioner director, shall be accompanied by
the registration fee prescribed pursuant to section 91C.4, and
shall contain information which is substantially complete and
accurate. In addition to the information determined by the
labor commissioner director to be necessary for purposes of
section 91C.2, the application shall include information as to
each of the following:
Sec. 1836. Section 91C.3, subsection 2, Code 2023, is
amended to read as follows:
2. Any change in the information provided shall be reported
promptly to the labor commissioner director.
Sec. 1837. Section 91C.4, Code 2023, is amended to read as
follows:
91C.4 Fees.
The labor commissioner director shall prescribe the fee for
registration, which fee shall not exceed fifty dollars every
year.
Sec. 1838. Section 91C.5, Code 2023, is amended to read as
follows:
91C.5 Public registration number — records — revocation.
1. The labor commissioner director shall issue to each
registered contractor an identifying public registration
number and shall compile records showing the names and public
-1094-registration numbers of all contractors registered in the
state. These records and the complete registration information
provided by each contractor are public records and the labor
commissioner director shall take steps as necessary to
facilitate access to the information by governmental agencies
and the general public.
2. The labor commissioner director shall revoke a
registration number when the contractor fails to maintain
compliance with the conditions necessary to obtain a
registration. The labor commissioner director shall provide
a fact-finding interview to assure that the contractor is not
in compliance before revoking any registration. Hearings on
revocation of registrations shall be held in accordance with
section 91C.8.
Sec. 1839. Section 91C.6, Code 2023, is amended to read as
follows:
91C.6 Rules.
The labor commissioner director shall adopt rules, pursuant
to chapter 17A, determined to be reasonably necessary for
phasing in, administering, and enforcing the system of
contractor registration established by this chapter.
Sec. 1840. Section 91C.7, Code 2023, is amended to read as
follows:
91C.7 Contracts — contractor’s bond.
1. A contractor who is not registered with the labor
commissioner director as required by this chapter shall not be
awarded a contract to perform work for the state or an agency
of the state.
2. A surety bond filed pursuant to section 91C.2 shall
be executed by a surety company authorized to do business in
this state, and the bond shall be continuous in nature until
canceled by the surety with not less than thirty days’ written
notice to the contractor and to the division of labor services
of the department of workforce development indicating the
surety’s desire to cancel the bond. The surety company shall
-1095-not be liable under the bond for any contract commenced after
the cancellation of the bond. The division of labor services
of the department of workforce development may increase the
bond amount after a hearing.
3. Release of the bond shall be conditioned upon the
payment of all taxes, including contributions due under
the unemployment compensation insurance system, penalties,
interest, and related fees, which may accrue to the state
of Iowa. If at any time during the term of the bond,
the department of revenue or the department of workforce
development determines that the amount of the bond is not
sufficient to cover the tax liabilities accruing to the state
of Iowa, the labor commissioner director shall require the bond
to be increased by an amount the labor commissioner director
deems sufficient to cover the tax liabilities accrued and
accruing.
4. The department of revenue and the department of workforce
development shall adopt rules for the collection of the
forfeiture. Notice shall be provided to the surety and to
the contractor. Notice to the contractor shall be mailed to
the contractor’s last known address and to the contractor’s
registered agent for service of process, if any, within the
state. The contractor or surety shall have the opportunity to
apply to the director of revenue for a hearing within thirty
days after the giving of such notice. Upon the failure to
timely request a hearing, the bond shall be forfeited. If,
after the hearing upon timely request, the department of
revenue or the department of workforce development finds
that the contractor has failed to pay the total of all taxes
payable, the department of revenue or the department of
workforce development shall order the bond forfeited. The
amount of the forfeiture shall be the amount of taxes payable
or the amount of the bond, whichever is less. For purposes of
this section “taxes payable” means all tax, penalties, interest,
and fees that the department of revenue has previously
-1096-determined to be due to the state by assessment or in an appeal
of an assessment, including contributions to the unemployment
compensation insurance system.
5. If it is determined that this section may cause denial
of federal funds which would otherwise be available, or is
otherwise inconsistent with requirements of federal law, this
section shall be suspended, but only to the extent necessary to
prevent denial of the funds or to eliminate the inconsistency
with federal requirements.
6. The bond required by this section may be attached by the
commissioner director for collection of fees and penalties due
to the division.
Sec. 1841. Section 91C.8, Code 2023, is amended to read as
follows:
91C.8 Investigations — enforcement — administrative
penalties.
1. The labor commissioner director and inspectors of the
division of labor services of the department of workforce
development have jurisdiction for investigation and enforcement
in cases where contractors may be in violation of the
requirements of this chapter or rules adopted pursuant to this
chapter.
2. If, upon investigation, the labor commissioner director
or the commissioner’s director’s authorized representative
believes that a contractor has violated any of the following,
the commissioner director shall with reasonable promptness
issue a citation to the contractor:
a. The requirement that a contractor be registered.
b. The requirement that the contractor’s registration
information be substantially complete and accurate.
c. The requirement that an out-of-state contractor file a
bond with the division of labor services department.
3. Each citation shall be in writing and shall describe
with particularity the nature of the violation, including a
reference to the provision of the statute alleged to have been
-1097-violated.
4. If a citation is issued, the commissioner director shall,
within seven days, notify the contractor by service in the
same manner as an original notice or by certified mail of the
administrative penalty, if any, proposed to be assessed and
that the contractor has fifteen working days within which to
notify the commissioner director that the contractor wishes to
contest the citation or proposed assessment of penalty.
5. The administrative penalties which may be imposed under
this section shall be not more than five hundred dollars
in the case of a first violation and not more than five
thousand dollars for each violation in the case of a second or
subsequent violation. All administrative penalties collected
pursuant to this chapter shall be deposited in the general fund
of the state.
6. If, within fifteen working days from the receipt of
the notice, the contractor fails to notify the commissioner
director that the contractor intends to contest the citation
or proposed assessment of penalty, the citation and the
assessment, as proposed, shall be deemed a final order of the
employment appeal board and not subject to review by any court
or agency.
7. If the contractor notifies the commissioner director
that the contractor intends to contest the citation or proposed
assessment of penalty, the commissioner director shall
immediately advise the employment appeal board established by
section 10A.601. The employment appeal board shall review the
action of the commissioner director and shall thereafter issue
an order, based on findings of fact, affirming, modifying, or
vacating the commissioner’s director’s citation or proposed
penalty or directing other appropriate relief, and the order
shall become final sixty days after its issuance.
8. The labor commissioner director shall notify the
department of revenue upon final agency action regarding
the citation and assessment of penalty against a registered
-1098-contractor.
9. Judicial review of any order of the employment appeal
board issued pursuant to this section may be sought in
accordance with the terms of chapter 17A. If no petition
for judicial review is filed within sixty days after service
of the order of the employment appeal board, the appeal
board’s findings of fact and order shall be conclusive in
connection with any petition for enforcement which is filed
by the commissioner director after the expiration of the
sixty-day period. In any such case, the clerk of court, unless
otherwise ordered by the court, shall forthwith enter a decree
enforcing the order and shall transmit a copy of the decree to
the employment appeal board and the contractor named in the
petition.
Sec. 1842. Section 91C.9, subsection 1, Code 2023, is
amended to read as follows:
1. A contractor registration revolving fund is created in
the state treasury. The revolving fund shall be administered
by the commissioner director and shall consist of moneys
collected by the commissioner director as fees. The
commissioner director shall remit all fees collected pursuant
to this chapter to the revolving fund. The moneys in the
revolving fund are appropriated to and shall be used by the
commissioner director to pay the actual costs and expenses
necessary to perform the duties of the commissioner director
and the division of labor services department as described in
this chapter. All salaries and expenses properly chargeable to
the revolving fund shall be paid from the revolving fund.
Sec. 1843. Section 91D.1, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. For purposes of determining whether an employee of a
restaurant, hotel, motel, inn, or cabin, who customarily and
regularly receives more than thirty dollars a month in tips
is receiving the minimum hourly wage rate prescribed by this
section, the amount paid the employee by the employer shall
-1099-be deemed to be increased on account of the tips by an amount
determined by the employer, not to exceed forty percent of
the applicable minimum wage. An employee may file a written
appeal with the labor commissioner director of the department
of inspections, appeals, and licensing if the amount of tips
received by the employee is less than the amount determined by
the employer under this subsection.
Sec. 1844. Section 91D.1, subsection 3, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The franchisor has been found by the labor commissioner
director of the department of inspections, appeals, and
licensing to have exercised a type or degree of control over
the franchisee or the franchisee’s employees that is not
customarily exercised by a franchisor for the purpose of
protecting the franchisor’s trademarks and brand.
Sec. 1845. Section 91D.1, subsection 5, Code 2023, is
amended to read as follows:
5. The labor commissioner director of the department of
inspections, appeals, and licensing shall adopt rules to
implement and administer this section.
Sec. 1846. Section 91E.1, subsection 1, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
1. “Director” means the director of the department of
inspections, appeals, and licensing.
Sec. 1847. Section 91E.2, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. If a Spanish-speaking interpreter is needed, the employer
shall select an interpreter from a list of interpreters
developed by the department of workforce development
inspections, appeals, and licensing.
Sec. 1848. Section 91E.5, Code 2023, is amended to read as
follows:
91E.5 Duties and authority of the commissioner director.
1. The commissioner director shall adopt rules to implement
-1100-and enforce this chapter and shall provide further exemptions
from the provisions of this chapter where reasonable.
2. In order to carry out the purposes of this chapter,
the commissioner director or the commissioner’s director’s
representative, upon presenting appropriate credentials to the
owner, operator, or agent in charge, may:
a. Inspect employment records relating to the total number
of employees and non-English speaking employees, and the
services provided to non-English speaking employees.
b. Interview an employer, owner, operator, agent, or
employee, during working hours or at other reasonable times.
Sec. 1849. Section 92.1, Code 2023, is amended to read as
follows:
92.1 Street occupations — migratory labor.
1. No person under ten years of age shall be employed or
permitted to work with or without compensation at any time
within this state in street occupations of peddling, shoe
polishing, the distribution or sale of newspapers, magazines,
periodicals or circulars, nor in any other occupations in any
street or public place. The labor commissioner director shall,
when ordered by a judge of the juvenile court, issue a work
permit as provided in this chapter to a person under ten years
of age.
2. No person under twelve years of age shall be employed
or permitted to work with or without compensation at any time
within this state in connection with migratory labor, except
that the labor commissioner director may upon sufficient
showing by a judge of the juvenile court, issue a work permit
as provided in this chapter to a person under twelve years of
age.
Sec. 1850. NEW SECTION. 92.1B Definition.
For purposes of this chapter, “director” means the director
of the department of inspections, appeals, and licensing.
Sec. 1851. Section 92.4, subsection 1, Code 2023, is amended
to read as follows:
-1101- 1. Those persons legally out of school, if such status
is verified by the submission of written proof to the labor
commissioner director.
Sec. 1852. Section 92.6, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. Occupations prohibited by rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 1853. Section 92.8, subsection 21, Code 2023, is
amended to read as follows:
21. Occupations prohibited by rules adopted pursuant to
chapter 17A by the labor commissioner director.
Sec. 1854. Section 92.11, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A work permit, except for migrant laborers, shall be issued
only by the labor commissioner director upon the application of
the parent, guardian, or custodian of the child desiring such
permit. The application shall include the following:
Sec. 1855. Section 92.12, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Work permits for migrant workers shall be issued by the
labor commissioner director upon application of the parent or
head of the migrant family. The application shall include
documentation of proof of age as described in section 92.11,
subsection 2.
3. One copy of the permit issued shall be given to the
employer to be kept on file for the length of employment and
upon termination of employment shall be returned to the labor
commissioner director. The blank forms for the application
for a work permit for migratory workers and the work permit
for migratory workers shall be formulated by the commissioner
director.
Sec. 1856. Section 92.13, Code 2023, is amended to read as
follows:
92.13 Optional refusal of permit.
The labor commissioner director may refuse to grant a
-1102-permit if, in the commissioner’s director’s judgment, the best
interests of the minor would be served by such refusal and the
commissioner director shall keep a record of such refusals, and
the reasons therefor.
Sec. 1857. Section 92.15, Code 2023, is amended to read as
follows:
92.15 Application to labor commissioner director.
An application for a work permit pursuant to section 92.11
or section 92.12 shall be submitted to the office of the labor
commissioner director within three days after the child begins
work.
Sec. 1858. Section 92.16, Code 2023, is amended to read as
follows:
92.16 Forms for permits formulated.
The proper forms for the application for a work permit,
the work permit, the certificate of age, and the physician’s
certificate shall be formulated by the labor commissioner
director.
Sec. 1859. Section 92.21, Code 2023, is amended to read as
follows:
92.21 Rules and orders of labor commissioner director.
1. The labor commissioner director may adopt rules pursuant
to chapter 17A to more specifically define the occupations
and equipment permitted or prohibited in this chapter, to
determine occupations for which work permits are required, and
to issue general and special orders prohibiting or allowing
the employment of persons under eighteen years of age in any
place of employment defined in this chapter as hazardous to the
health, safety, and welfare of the persons.
2. The labor commissioner director shall adopt rules
pursuant to chapter 17A specifically defining the civil penalty
amount to be assessed for violations of this chapter.
Sec. 1860. Section 92.22, Code 2023, is amended to read as
follows:
92.22 Labor commissioner Director to enforce — civil penalty
-1103-— judicial review.
1. The labor commissioner director shall enforce this
chapter. An employer who violates this chapter or the rules
adopted pursuant to this chapter is subject to a civil penalty
of not more than ten thousand dollars for each violation.
2. The commissioner director shall notify the employer
of a proposed civil penalty by service in the same manner as
an original notice or by certified mail. If, within fifteen
working days from the receipt of the notice, the employer fails
to file a notice of contest in accordance with rules adopted by
the commissioner director pursuant to chapter 17A, the penalty,
as proposed, shall be deemed final agency action for purposes
of judicial review.
3. The commissioner director shall notify the department of
revenue upon final agency action regarding the assessment of a
penalty against an employer. Interest shall be calculated from
the date of final agency action.
4. Judicial review of final agency action pursuant to
this section may be sought in accordance with the terms of
section 17A.19. If no petition for judicial review is filed
within sixty days after service of the final agency action
of the commissioner director, the commissioner’s director’s
findings of fact and final agency action shall be conclusive in
connection with any petition for enforcement which is filed by
the commissioner director after the expiration of the sixty-day
period. In any such case, the clerk of court, unless otherwise
ordered by the court, shall forthwith enter a decree enforcing
the final agency action and shall transmit a copy of the decree
to the commissioner director and the employer named in the
petition.
5. Any penalties recovered pursuant to this section shall be
remitted by the commissioner director to the treasurer of state
for deposit in the general fund of the state.
6. Mayors and police officers, sheriffs, school
superintendents, and school truant and attendance officers,
-1104-within their several jurisdictions, shall cooperate in the
enforcement of this chapter and furnish the commissioner
director and the commissioner’s director’s designees with all
information coming to their knowledge regarding violations of
this chapter. All such officers and any person authorized in
writing by a court of record shall have the authority to enter,
for the purpose of investigation, any of the establishments and
places mentioned in this chapter and to freely question any
person therein as to any violations of this chapter.
7. County attorneys shall investigate all complaints made
to them of violations of this chapter, and prosecute all such
cases of violation within their respective counties.
Sec. 1861. Section 96.1A, subsection 23, Code 2023, is
amended to read as follows:
23. “Hospital” means an institution which has been licensed,
certified, or approved by the department of inspections, and
appeals, and licensing as a hospital.
Sec. 1862. Section 97B.20A, Code 2023, is amended to read
as follows:
97B.20A Appeal procedure.
Members and third-party payees may appeal any decision made
by the system that affects their rights under this chapter.
The appeal shall be filed with the system within thirty days
after the notification of the decision was mailed to the
party’s last known mailing address, or the decision of the
system is final. If the party appeals the decision of the
system, the system shall conduct an internal review of the
decision and the chief executive officer shall notify the
individual who has filed the appeal in writing of the system’s
decision. The individual who has filed the appeal may file an
appeal of the system’s final decision with the system under
chapter 17A by notifying the system of the appeal in writing
within thirty days after the notification of its final decision
was mailed to the party’s last known mailing address. Once
notified, the system shall forward the appeal to the department
-1105-of inspections, and appeals, and licensing.
Sec. 1863. Section 97B.20B, Code 2023, is amended to read
as follows:
97B.20B Hearing by administrative law judge.
If an appeal is filed and is not withdrawn, an administrative
law judge in the department of inspections, and appeals, and
licensing, after affording the parties reasonable opportunity
for fair hearing, shall affirm, modify, or reverse the
decision of the system. The hearing shall be recorded by
mechanical means and a transcript of the hearing shall be
made. The transcript shall then be made available for use by
the employment appeal board and by the courts at subsequent
judicial review proceedings under the Iowa administrative
procedure Act, chapter 17A, if any. The parties shall be duly
notified of the administrative law judge’s decision, together
with the administrative law judge’s reasons. The decision is
final unless, within thirty days after the date of notification
or mailing of the decision, review by the employment appeal
board is initiated pursuant to section 97B.27.
Sec. 1864. Section 97B.27, Code 2023, is amended to read as
follows:
97B.27 Review of decision.
Anyone aggrieved by the decision of the administrative law
judge may, at any time before the administrative law judge’s
decision becomes final, petition the department of inspections,
and appeals, and licensing for review by the employment appeal
board established in section 10A.601. The appeal board shall
review the record made before the administrative law judge, but
no additional evidence shall be heard. On the basis of the
record the appeal board shall affirm, modify, or reverse the
decision of the administrative law judge and shall determine
the rights of the appellant. It shall promptly notify the
appellant and any other interested party by written decision.
Sec. 1865. Section 99B.1, subsection 13, Code 2023, is
amended to read as follows:
-1106- 13. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1866. Section 99B.6, Code 2023, is amended to read as
follows:
99B.6 Attorney general and county attorney — prosecution.
Upon request of the department of inspections, and appeals,
and licensing or the division of criminal investigation of
the department of public safety, the attorney general shall
institute in the name of the state the proper proceedings
against a person charged by either department with violating
this chapter, and a county attorney, at the request of the
attorney general, shall appear and prosecute an action when
brought in the county attorney’s county.
Sec. 1867. Section 99B.7, Code 2023, is amended to read as
follows:
99B.7 Division of criminal investigation.
The division of criminal investigation of the department of
public safety may investigate to determine licensee compliance
with the requirements of this chapter. Investigations may be
conducted either on the criminal investigation division’s own
initiative or at the request of the department of inspections,
and appeals, and licensing. The criminal investigation
division and the department of inspections, and appeals, and
licensing shall cooperate to the maximum extent possible on an
investigation.
Sec. 1868. Section 99B.58, Code 2023, is amended to read as
follows:
99B.58 Electrical or mechanical amusement devices — special
fund.
Fees collected by the department pursuant to sections 99B.53
and 99B.56 shall be deposited in a special fund created in
the state treasury. Moneys in the fund are appropriated to
the department of inspections, and appeals, and licensing
and the department of public safety for administration and
enforcement of this subchapter, including employment of
-1107-necessary personnel. The distribution of moneys in the fund to
the department of inspections, and appeals, and licensing and
the department of public safety shall be pursuant to a written
policy agreed upon by the departments. Notwithstanding section
12C.7, subsection 2, interest or earnings on moneys deposited
in the fund shall be credited to the fund. Notwithstanding
section 8.33, moneys remaining in the fund at the end of a
fiscal year shall not revert to the general fund of the state.
Sec. 1869. Section 99D.5, subsection 1, Code 2023, is
amended to read as follows:
1. A state racing and gaming commission is created within
the department of inspections, and appeals, and licensing
consisting of five members who shall be appointed by the
governor subject to confirmation by the senate, and who shall
serve not to exceed a three-year term at the pleasure of the
governor. The term of each member shall begin and end as
provided in section 69.19.
Sec. 1870. Section 99F.4B, Code 2023, is amended to read as
follows:
99F.4B Rules.
The department of inspections, and appeals, and licensing
shall cooperate to the maximum extent possible with the
division of criminal investigation in adopting rules relating
to the gaming operations in this chapter and chapters 99D and
99E.
Sec. 1871. Section 99F.20, subsection 1, Code 2023, is
amended to read as follows:
1. A gaming regulatory revolving fund is created in
the state treasury under the control of the department of
inspections, and appeals, and licensing. The fund shall
consist of fees collected and deposited into the fund paid
by licensees pursuant to section 99D.14, subsection 2,
paragraph “c”, fees paid by licensees pursuant to section
99E.5, subsection 4, paragraph “c”, regulatory fees paid by
licensees pursuant to section 99F.4, subsection 27, and fees
-1108-paid by licensees pursuant to section 99F.10, subsection 4,
paragraph “c”. All costs relating to racetrack, excursion
boat, gambling structure, internet fantasy sports contests as
defined in section 99E.1, and sports wagering regulation shall
be paid from the fund as provided in appropriations made for
this purpose by the general assembly. The department shall
provide quarterly reports to the department of management and
the legislative services agency specifying revenues billed
and collected and expenditures from the fund in a format as
determined by the department of management in consultation with
the legislative services agency.
Sec. 1872. Section 123.3, subsection 23, Code 2023, is
amended to read as follows:
23. “Hotel” or “motel” means premises licensed by the
department of inspections, and appeals, and licensing and
regularly or seasonally kept open in a bona fide manner for the
lodging of transient guests, and with twenty or more sleeping
rooms.
Sec. 1873. Section 123.10, subsection 15, Code 2023, is
amended to read as follows:
15. Prescribing the uniform fee, not to exceed one hundred
dollars, to be assessed against a licensee or permittee for
a contested case hearing conducted by the division or by an
administrative law judge from the department of inspections,
and appeals, and licensing which results in administrative
action taken against the licensee or permittee by the division.
Sec. 1874. Section 123.17, subsection 4, Code 2023, is
amended to read as follows:
4. The treasurer of state shall, each quarter, prepare
an estimate of the gaming revenues and of the moneys to be
deposited in the beer and liquor control fund that will become
available during the remainder of the appropriate fiscal year
for the purposes described in subsection 3. The department
of management, the department of inspections, and appeals,
and licensing, and the department of commerce shall take
-1109-appropriate actions to provide that the sum of the amount of
gaming revenues available to be deposited into the revenue
bonds debt service fund and the revenue bonds federal subsidy
holdback fund during a fiscal year and the amount of moneys to
be deposited in the beer and liquor control fund available to
be deposited into the revenue bonds debt service fund and the
revenue bonds federal subsidy holdback fund during such fiscal
year will be sufficient to cover any anticipated deficiencies.
Sec. 1875. Section 123.30, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. As a condition for issuance of a retail alcohol license
or wine or beer permit, the applicant must give consent
to members of the fire, police, and health departments and
the building inspector of cities; the county sheriff or
deputy sheriff; members of the department of public safety;
representatives of the division and of the department of
inspections, and appeals, and licensing; certified police
officers; and any official county health officer to enter upon
areas of the premises where alcoholic beverages are stored,
served, or sold, without a warrant during business hours of
the licensee or permittee to inspect for violations of this
chapter or ordinances and regulations that cities and boards
of supervisors may adopt. However, a subpoena issued under
section 421.17 or a warrant is required for inspection of
private records, a private business office, or attached living
quarters. Persons who are not certified peace officers shall
limit the scope of their inspections of licensed premises
to the regulatory authority under which the inspection is
conducted. All persons who enter upon a licensed premises to
conduct an inspection shall present appropriate identification
to the owner of the establishment or the person who appears
to be in charge of the establishment prior to commencing
an inspection; however, this provision does not apply to
undercover criminal investigations conducted by peace officers.
Sec. 1876. Section 123.32, subsection 6, paragraph b, Code
-1110-2023, is amended to read as follows:
b. Upon receipt of an application having been approved by
the local authority, the division shall make an investigation
as the administrator deems necessary to determine that the
applicant complies with all requirements for holding a license,
and may require the applicant to appear to be examined under
oath to demonstrate that the applicant complies with all of the
requirements to hold a license. If the administrator requires
the applicant to appear and to testify under oath, a record
shall be made of all testimony or evidence and the record
shall become a part of the application. The administrator
may appoint a member of the division or may request an
administrative law judge of the department of inspections, and
appeals, and licensing to receive the testimony under oath
and evidence, and to issue a proposed decision to approve or
disapprove the application for a license. The administrator
may affirm, reverse, or modify the proposed decision to
approve or disapprove the application for the license. If
the application is approved by the administrator, the license
shall be issued. If the application is disapproved by the
administrator, the applicant shall be so notified by certified
mail or personal service and the appropriate local authority
shall be notified electronically, or in a manner prescribed by
the administrator.
Sec. 1877. Section 123.32, subsections 7 and 9, Code 2023,
are amended to read as follows:
7. Appeal to administrator. An applicant for a retail
alcohol license may appeal from the local authority’s
disapproval of an application for a license or permit to the
administrator. In the appeal the applicant shall be allowed
the opportunity to demonstrate in an evidentiary hearing
conducted pursuant to chapter 17A that the applicant complies
with all of the requirements for holding the license or permit.
The administrator may appoint a member of the division or
may request an administrative law judge from the department
-1111-of inspections, and appeals, and licensing to conduct the
evidentiary hearing and to render a proposed decision to
approve or disapprove the issuance of the license or permit.
The administrator may affirm, reverse, or modify the proposed
decision. If the administrator determines that the applicant
complies with all of the requirements for holding a license
or permit, the administrator shall order the issuance of the
license or permit. If the administrator determines that the
applicant does not comply with the requirements for holding
a license or permit, the administrator shall disapprove the
issuance of the license or permit.
9. Suspension by local authority. A retail alcohol licensee
whose license has been suspended or revoked or a civil penalty
imposed by a local authority for a violation of this chapter
or suspended by a local authority for violation of a local
ordinance may appeal the suspension, revocation, or civil
penalty to the administrator. The administrator may appoint
a member of the division or may request an administrative
law judge from the department of inspections, and appeals,
and licensing to hear the appeal which shall be conducted in
accordance with chapter 17A and to issue a proposed decision.
The administrator may review the proposed decision upon the
motion of a party to the appeal or upon the administrator’s
own motion in accordance with chapter 17A. Upon review of the
proposed decision, the administrator may affirm, reverse, or
modify the proposed decision. A retail alcohol licensee or a
local authority aggrieved by a decision of the administrator
may seek judicial review of the decision pursuant to chapter
17A.
Sec. 1878. Section 123.39, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Before suspension, revocation, or imposition of a
civil penalty by the administrator, the license, permit,
or certificate holder shall be given written notice and an
opportunity for a hearing. The administrator may appoint
-1112-a member of the division or may request an administrative
law judge from the department of inspections, and appeals,
and licensing to conduct the hearing and issue a proposed
decision. Upon the motion of a party to the hearing or
upon the administrator’s own motion, the administrator may
review the proposed decision in accordance with chapter 17A.
Upon review of the proposed decision, the administrator may
affirm, reverse, or modify the proposed decision. A license,
permit, or certificate holder aggrieved by a decision of the
administrator may seek judicial review of the administrator’s
decision in accordance with chapter 17A.
Sec. 1879. Section 125.18, Code 2023, is amended to read as
follows:
125.18 Hearing before board.
If a licensee under this chapter makes a written request
for a hearing within thirty days of suspension, revocation, or
refusal to renew a license, a hearing before the board shall
be expeditiously arranged by the department of inspections,
and appeals, and licensing whose decision is subject to review
by the board. The board shall issue a written statement of
the board’s findings within thirty days after conclusion of
the hearing upholding or reversing the proposed suspension,
revocation, or refusal to renew a license. Action involving
suspension, revocation, or refusal to renew a license shall
not be taken by the board unless a quorum is present at the
meeting. A copy of the board’s decision shall be promptly
transmitted to the affected licensee who may, if aggrieved by
the decision, seek judicial review of the actions of the board
in accordance with the terms of chapter 17A.
Sec. 1880. Section 135.16A, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. “Grocery store” means a food establishment as defined
in section 137F.1 licensed by the department of inspections,
and appeals, and licensing pursuant to section 137F.4, to sell
food or food products to customers intended for preparation or
-1113-consumption off premises.
Sec. 1881. Section 135.16A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The department of inspections, and appeals, and licensing
shall assist the Iowa department of public health in adopting
rules necessary to implement and administer this section.
Sec. 1882. Section 135.63, subsection 2, paragraph g,
subparagraph (1), subparagraph division (a), Code 2023, is
amended to read as follows:
(a) The institutional health facility reports to the
department the number and type of beds reduced on a form
prescribed by the department at least thirty days before the
reduction. In the case of a health care facility, the new bed
total must be consistent with the number of licensed beds at
the facility. In the case of a hospital, the number of beds
must be consistent with bed totals reported to the department
of inspections, and appeals, and licensing for purposes of
licensure and certification.
Sec. 1883. Section 135B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1884. Section 135C.1, subsections 4, 6, and 20, Code
2023, are amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing.
6. “Director” means the director of the department of
inspections, and appeals, and licensing, or the director’s
designee.
20. “Residential care facility” means any institution,
place, building, or agency providing for a period exceeding
twenty-four consecutive hours accommodation, board, personal
assistance and other essential daily living activities to
three or more individuals, not related to the administrator or
owner thereof within the third degree of consanguinity, who by
-1114-reason of illness, disease, or physical or mental infirmity
are unable to sufficiently or properly care for themselves but
who do not require the services of a registered or licensed
practical nurse except on an emergency basis or who by reason
of illness, disease, or physical or mental infirmity are unable
to sufficiently or properly care for themselves but who do not
require the services of a registered or licensed practical
nurse except on an emergency basis if home and community-based
services, other than nursing care, as defined by this chapter
and departmental rule, are provided. For the purposes of
this definition, the home and community-based services to be
provided are limited to the type included under the medical
assistance program provided pursuant to chapter 249A, are
subject to cost limitations established by the department of
human services under the medical assistance program, and except
as otherwise provided by the department of inspections, and
appeals, and licensing with the concurrence of the department
of human services, are limited in capacity to the number of
licensed residential care facilities and the number of licensed
residential care facility beds in the state as of December 1,
2003.
Sec. 1885. Section 135C.4, subsection 3, Code 2023, is
amended to read as follows:
3. For the purposes of this section, the home and
community-based services to be provided shall be limited to the
type included under the medical assistance program provided
pursuant to chapter 249A, shall be subject to cost limitations
established by the department of human services under the
medical assistance program, and except as otherwise provided by
the department of inspections, and appeals, and licensing with
the concurrence of the department of human services, shall be
limited in capacity to the number of licensed residential care
facilities and the number of licensed residential care facility
beds in the state as of December 1, 2003.
Sec. 1886. Section 135C.19, subsection 3, Code 2023, is
-1115-amended to read as follows:
3. If the facility cited subsequently advises the
department of human services that the violation has been
corrected to the satisfaction of the department of inspections,
and appeals, and licensing, the department of human services
shall maintain this advisory in the same file with the copy
of the citation. The department of human services shall
not disseminate to the public any information regarding
citations issued by the department of inspections, and appeals,
and licensing, but shall forward or refer inquiries to the
department of inspections, and appeals, and licensing.
Sec. 1887. Section 135C.31A, subsection 1, Code 2023, is
amended to read as follows:
1. A health care facility shall assist the Iowa department
of veterans affairs in identifying, upon admission of a
resident, the resident’s eligibility for benefits through the
United States department of veterans affairs. The department
of inspections, and appeals, and licensing, in cooperation
with the department of human services, shall adopt rules to
administer this section, including a provision that ensures
that if a resident is eligible for benefits through the United
States department of veterans affairs or other third-party
payor, the payor of last resort for reimbursement to the
health care facility is the medical assistance program.
The rules shall also require the health care facility to
request information from a resident or resident’s personal
representative regarding the resident’s veteran status and to
report to the Iowa department of veterans affairs only the
names of residents identified as potential veterans along with
the names of their spouses and any dependents. Information
reported by the health care facility shall be verified by the
Iowa department of veterans affairs. This section shall not
apply to the admission of an individual to a state mental
health institute for acute psychiatric care or to the admission
of an individual to the Iowa veterans home.
-1116- Sec. 1888. Section 135C.31A, subsection 2, paragraph b,
Code 2023, is amended to read as follows:
b. The department of inspections, and appeals, and
licensing, the department of veterans affairs, and the
department of human services shall identify any barriers
to residents in accessing such prescription drug benefits
and shall assist health care facilities in adjusting their
procedures for medication administration to comply with this
subsection.
Sec. 1889. Section 135C.33, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. The department of inspections, and appeals, and
licensing, in conjunction with other departments and agencies
of state government involved with criminal history and
abuse registry information, shall establish a single contact
repository for facilities and other providers to have
electronic access to data to perform background checks for
purposes of employment, as required of the facilities and other
providers under this section.
Sec. 1890. Section 135C.34, Code 2023, is amended to read
as follows:
135C.34 Medication aide — certification.
The department of inspections, and appeals, and licensing,
in cooperation with other appropriate agencies, shall establish
a procedure to allow a person who is certified as a medication
aide in another state to become certified in this state upon
completion and passage of both the certified nurse aide and
certified medication aide challenge examinations, without
additional requirements for certification, including but
not limited to, required employment in this state prior to
certification. The department shall adopt rules pursuant to
chapter 17A to administer this section.
Sec. 1891. Section 135G.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Department” means the department of inspections, and
-1117- appeals, and licensing.
Sec. 1892. Section 135G.10, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of inspections, and appeals, and licensing
and the department of human services shall collaborate
in establishing standards for licensing of subacute care
facilities to achieve all of the following objectives:
Sec. 1893. Section 135G.10, subsection 3, Code 2023, is
amended to read as follows:
3. The department of inspections, and appeals, and
licensing, in consultation with the department of human
services and affected professional groups, shall adopt and
enforce rules setting out the standards for a subacute care
facility and the rights of the residents admitted to a subacute
care facility. The department of inspections, and appeals, and
licensing and the department of human services shall coordinate
the adoption of rules and the enforcement of the rules in order
to prevent duplication of effort by the departments and of
requirements of the licensee.
Sec. 1894. Section 135G.11, subsection 2, Code 2023, is
amended to read as follows:
2. Upon receipt of a complaint made in accordance with
subsection 1, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a subacute care facility or
a licensee or is without reasonable basis, it shall within
twenty working days of receipt of the complaint make or cause
to be made an on-site inspection of the subacute care facility
which is the subject of the complaint. The department of
inspections, and appeals, and licensing may refer to the
department of human services any complaint received by the
department of inspections, and appeals, and licensing if the
complaint applies to rules adopted by the department of human
services. The complainant shall also be notified of the name,
address, and telephone number of the designated protection and
-1118-advocacy agency if the alleged violation involves a facility
with one or more residents with a developmental disability or
mental illness. In any case, the complainant shall be promptly
informed of the result of any action taken by the department
in the matter.
Sec. 1895. Section 135H.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1896. Section 135H.10, subsection 1, Code 2023, is
amended to read as follows:
1. The department of inspections and appeals, in
consultation with the department of human services and affected
professional groups, shall adopt and enforce rules setting
out the standards for a psychiatric medical institution
for children and the rights of the residents admitted to a
psychiatric institution. The department of inspections and
appeals and the department of human services shall coordinate
the adoption of rules and the enforcement of the rules in order
to prevent duplication of effort by the departments and of
requirements of the licensee.
Sec. 1897. Section 135H.12, subsection 1, Code 2023, is
amended to read as follows:
1. Upon receipt of a complaint made in accordance with
section 135H.11, the department shall make a preliminary review
of the complaint. Unless the department concludes that the
complaint is intended to harass a psychiatric institution or a
licensee or is without reasonable basis, it shall within twenty
working days of receipt of the complaint make or cause to be
made an on-site inspection of the psychiatric institution which
is the subject of the complaint. The department of inspections
and appeals may refer to the department of human services any
complaint received by the department if the complaint applies
to rules adopted by the department of human services. The
complainant shall also be notified of the name, address, and
-1119-telephone number of the designated protection and advocacy
agency if the alleged violation involves a facility with one
or more residents with developmental disabilities or mental
illness. In any case, the complainant shall be promptly
informed of the result of any action taken by the department
in the matter.
Sec. 1898. Section 135J.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1899. Section 135J.2, subsection 2, Code 2023, is
amended to read as follows:
2. The hospice program shall meet the criteria pursuant
to section 135J.3 before a license is issued. The department
of inspections and appeals is responsible to provide the
necessary personnel to inspect the hospice program, the home
care and inpatient care provided and the hospital or facility
used by the hospice to determine if the hospice complies with
necessary standards before a license is issued. Hospices that
are certified as Medicare hospice providers by the department
of inspections and appeals or are accredited as hospices by
the joint commission on the accreditation of health care
organizations, shall be licensed without inspection by the
department of inspections and appeals.
Sec. 1900. Section 135J.4, Code 2023, is amended to read as
follows:
135J.4 Inspection.
The department of inspections and appeals shall make or be
responsible for inspections of the hospice program, the home
care and the inpatient care provided in the hospice program,
and the hospital or facility before a license is issued. The
department of inspections and appeals shall inspect the hospice
program periodically after initial inspection.
Sec. 1901. Section 135O.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
-1120- 1. “Boarding home” means a premises used by its owner
or lessee for the purpose of letting rooms for rental to
three or more persons not related within the third degree of
consanguinity to the owner or lessee where supervision or
assistance with activities of daily living is provided to such
persons. A boarding home does not include a facility, home,
or program otherwise subject to licensure or regulation by the
department of health and human services, or the department of
inspections and appeals, or department of public health.
2. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1902. Section 135O.2, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections and appeals shall adopt
rules to administer this chapter in consultation with the
departments of human services and public safety.
Sec. 1903. Section 135O.3, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The interagency approach may involve a multidisciplinary
team consisting of employees of the department of inspections
and appeals, the department of human services, the state fire
marshal, and the division of criminal investigation of the
department of public safety, or other local, state, and federal
agencies.
Sec. 1904. Section 135O.3, subsection 4, Code 2023, is
amended to read as follows:
4. If the department or a multidisciplinary team has
probable cause to believe that a boarding home is in violation
of this chapter or licensing or other regulatory requirements
of the department of human services, department of inspections
and appeals, or department of public health, or that dependent
adult abuse of any individual living in a boarding home
has occurred, and upon producing proper identification, is
denied entry to the boarding home or access to any individual
living in the boarding home for the purpose of making an
-1121-inspection or conducting an investigation, the department or
multidisciplinary team may, with the assistance of the county
attorney of the county in which the boarding home is located,
apply to the district court for an order requiring the owner or
lessee to permit entry to the boarding home and access to the
individuals living in the boarding home.
Sec. 1905. Section 135Q.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1906. Section 137C.2, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Director” means the director of the department of
inspections, and appeals, and licensing or the director’s
designee.
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1907. Section 137D.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1908. Section 137F.1, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing.
5. “Director” means the director of the department of
inspections, and appeals, and licensing.
Sec. 1909. Section 137F.3A, Code 2023, is amended to read
as follows:
137F.3A Municipal corporation inspections — contingent
appropriation.
1. a. The department of inspections and appeals may employ
additional full-time equivalent positions to enforce the
provisions of this chapter and chapters 137C and 137D, with
the approval of the department of management, if either of the
-1122-following apply:
(1) A municipal corporation operating pursuant to a chapter
28E agreement with the department of inspections and appeals
to enforce the chapters either fails to renew the agreement
effective after April 1, 2007, or discontinues, after April
1, 2007, enforcement activities in one or more jurisdictions
during the agreement time frame.
(2) The department of inspections and appeals cancels an
agreement after April 1, 2007, due to noncompliance with the
terms of the agreement.
b. Before approval may be given, the director of the
department of management must have determined that the expenses
exceed the funds budgeted by the general assembly for food
inspections to the department of inspections and appeals. The
department of inspections and appeals may hire no more than one
full-time equivalent position for each six hundred inspections
required pursuant to this chapter and chapters 137C and 137D.
2. Notwithstanding chapter 137D, and sections 137C.9 and
137F.6, if the conditions described in this section are met,
fees imposed pursuant to that chapter and those sections
shall be retained by and are appropriated to the department
of inspections and appeals each fiscal year to provide for
salaries, support, maintenance, and miscellaneous purposes
associated with the additional inspections. The appropriation
made in this subsection is not applicable in a fiscal year for
which the general assembly enacts an appropriation made for the
purposes described in this subsection.
Sec. 1910. Section 147.77, subsection 1, paragraph g,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The department of inspections, and appeals, and licensing,
with respect to rules relating to the following:
Sec. 1911. Section 147.77, subsection 1, paragraph g, Code
2023, is amended by adding the following new subparagraphs:
NEW SUBPARAGRAPH. (6) For applications for a license to
-1123-practice asbestos removal, that except as noted in rule, only
worker and contractor/supervisor license applicants must submit
the respiratory protection and physician’s certification forms.
NEW SUBPARAGRAPH. (7) For documentation held by persons
licensed for asbestos abatement in an area that is subject to
a disaster emergency proclamation, that the director of the
department of inspections, appeals, and licensing deems an
individual contractor, supervisor, or worker to be licensed
and authorized for asbestos abatement if the individual, in
addition to other specified conditions, makes immediately
available on the work site a copy of a physician’s statement
indicating that, consistent with federal law, a licensed
physician has examined the individual within the past twelve
months and approved the individual to work while wearing a
respirator.
NEW SUBPARAGRAPH. (8) That the contents of an application
for an event license for a covered athletic event other than a
professional wrestling event shall contain, along with other
requirements, a copy of the medical license of the ringside
physician and the date, time, and location of the ringside
physician’s examination of the contestants.
NEW SUBPARAGRAPH. (9) For the responsibilities of the
promoter of an athletic event, that the promoter submit test
results to the ringside physician no later than at the time of
the physical showing that each contestant scheduled for the
event tested negative for the human immunodeficiency, hepatitis
B, and hepatitis C viruses within the one-year period prior to
the event, and that the contestant shall not participate and
the physician shall notify the promoter that the contestant is
prohibited from participating for medical reasons if specified
circumstances occur.
NEW SUBPARAGRAPH. (10) For injuries during a professional
boxing match, that if a contestant claims to be injured during
the bout, the referee shall stop the bout and request the
attending physician to make an examination. If the physician
-1124-decides that the contestant has been injured as the result of a
foul, the physician shall advise the referee of the injury. If
the physician is of the opinion that the injured contestant may
be able to continue, the physician shall order an intermission,
after which the physician shall make another examination and
again advise the referee of the injured contestant’s condition.
It shall be the duty of the promoter to have an approved
physician in attendance during the entire duration of all
bouts.
NEW SUBPARAGRAPH. (11) For persons allowed in a ring during
a professional boxing match, that no person other than the
contestants and the referee shall enter the ring during the
bout, excepting the seconds between the rounds or the attending
physician if asked by the referee to examine an injury to a
contestant.
NEW SUBPARAGRAPH. (12) For the weighing of contestants in
a professional boxing match, that contestants shall be weighed
and examined on the day of the scheduled match by the attending
ring physician at a time and place to be determined by the
state commissioner of athletics.
NEW SUBPARAGRAPH. (13) For attending ring physicians
during a professional boxing match, that when a boxer has been
injured seriously, knocked out, or technically knocked out, the
referee shall immediately summon the attending ring physician
to aid the stricken boxer, and that managers, handlers, and
seconds shall not attend to the stricken boxer, except at the
request of the physician.
NEW SUBPARAGRAPH. (14) For the keeping of time during a
professional boxing match, that the timekeeper shall keep an
exact record of time taken out at the request of a referee for
an examination of a contestant by the physician.
NEW SUBPARAGRAPH. (15) For the suspension of contestants
during a professional boxing match that is an elimination
tournament, that a contestant who for specified reasons is not
permitted to box in the state for a period of time shall be
-1125-examined by a physician approved by the state commissioner of
athletics before being permitted to fight again.
NEW SUBPARAGRAPH. (16) For the designation of officials for
professional kickboxing, that the designation of physicians is
subject to the approval of the state commissioner of athletics
or designee.
NEW SUBPARAGRAPH. (17) For officials for a mixed martial
arts event, that officials shall include a physician.
NEW SUBPARAGRAPH. (18) For the keeping of time for a mixed
martial arts event, that the timekeeper shall keep an exact
record of time taken out at the request of a referee for an
examination of a contestant by the physician.
NEW SUBPARAGRAPH. (19) For persons allowed in the cage
during a mixed martial arts event, that a physician may enter
the cage to examine a contestant upon the request of the
referee.
NEW SUBPARAGRAPH. (20) For the decorum of persons involved
in a mixed martial arts event, that a contestant is exempt
from prohibitions on specified conduct while interacting with
the contestant’s opponent during a round, but if the round
is stopped by the physician or referee for a time out, the
prohibitions shall apply to the contestant.
NEW SUBPARAGRAPH. (21) For the examination of contestants
in a mixed martial arts event, that on the day of the event,
at a time and place to be approved by the state commissioner
of athletics, the ringside physician shall conduct a rigorous
physical examination to determine the contestant’s fitness
to participate in a mixed martial arts match, and that
a contestant deemed not fit by the physician shall not
participate in the event.
NEW SUBPARAGRAPH. (22) For injuries during a mixed martial
arts event, that if a contestant claims to be injured or
when a contestant has been injured seriously or knocked out,
the referee shall immediately stop the fight and summon the
attending ring physician to make an examination of the stricken
-1126-fighter. If the physician decides that the contestant has
been injured, the physician shall advise the referee of the
severity of the injury. If the physician is of the opinion the
injured contestant may be able to continue, the physician shall
order an intermission, after which the physician shall make
another examination and again advise the referee of the injured
contestant’s condition. Managers, handlers, and seconds shall
not attend to the stricken fighter, except at the request of
the physician.
Sec. 1912. Section 147.77, subsection 1, paragraph p,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The labor services division of the department of workforce
development inspections, appeals, and licensing, with respect
to rules relating to the following:
Sec. 1913. Section 147.77, subsection 1, paragraph p,
subparagraphs (3) through (19), Code 2023, are amended by
striking the subparagraphs.
Sec. 1914. Section 147.87, Code 2023, is amended to read as
follows:
147.87 Enforcement.
A board shall enforce the provisions of this chapter and the
board’s enabling statute and for that purpose may request the
department of inspections, and appeals, and licensing to make
necessary investigations. Every licensee and member of a board
shall furnish the board or the department of inspections, and
appeals, and licensing such evidence as the member or licensee
may have relative to any alleged violation which is being
investigated.
Sec. 1915. Section 147.88, Code 2023, is amended to read as
follows:
147.88 Inspections and investigations.
The department of inspections, and appeals, and licensing
may perform inspections and investigations as required by this
subtitle, except inspections and investigations for the board
-1127-of medicine, board of pharmacy, board of nursing, and the
dental board. The department of inspections, and appeals, and
licensing shall employ personnel related to the inspection and
investigative functions.
Sec. 1916. Section 155A.13, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. To the maximum extent possible, the board shall
coordinate the rules with the standards and conditions
described in paragraph “a”, subparagraph (4), and shall
coordinate its inspections of hospital pharmacies with the
Medicare surveys of the department of inspections, and appeals,
and licensing and with the board’s inspections with respect to
controlled substances conducted under contract with the federal
government.
Sec. 1917. Section 155A.15, subsection 2, paragraph d,
subparagraph (5), Code 2023, is amended to read as follows:
(5) A licensed health care facility which is furnished
the drug or device by a pharmacy for storage in secured
emergency pharmaceutical supplies containers maintained within
the facility in accordance with rules of the department of
inspections, and appeals, and licensing and rules of the board.
Sec. 1918. Section 169.14, subsection 1, Code 2023, is
amended to read as follows:
1. The board, upon its own motion or upon a verified
complaint in writing, may request the department of
inspections, and appeals, and licensing to conduct an
investigation of the charges contained in the complaint. The
department of inspections, and appeals, and licensing shall
report its findings to the board, and the board may issue an
order fixing the time and place for hearing if a hearing is
deemed warranted. A written notice of the time and place of
the hearing, together with a statement of the charges, shall
be served upon the licensee at least ten days before the
hearing in the manner required for the service of notice of the
commencement of an ordinary action.
-1128- Sec. 1919. Section 190B.102, subsection 3, Code 2023, is
amended to read as follows:
3. The department of agriculture and land stewardship, the
department of public health, the department of human services,
and the department of inspections, and appeals, and licensing
shall cooperate with the department of revenue to administer
this subchapter.
Sec. 1920. Section 217.34, Code 2023, is amended to read as
follows:
217.34 Debt setoff.
The investigations division of the department of
inspections, and appeals, and licensing and the department of
human services shall provide assistance to set off against a
person’s or provider’s income tax refund or rebate any debt
which has accrued through written contract, nonpayment of
premiums pursuant to section 249A.3, subsection 2, paragraph
“a”, subparagraph (1), subrogation, departmental recoupment
procedures, or court judgment and which is in the form of a
liquidated sum due and owing the department of human services.
The department of inspections, and appeals, and licensing,
with approval of the department of human services, shall adopt
rules under chapter 17A necessary to assist the department of
administrative services in the implementation of the setoff
under section 8A.504 in regard to money owed to the state for
public assistance overpayments or nonpayment of premiums as
specified in this section. The department of human services
shall adopt rules under chapter 17A necessary to assist the
department of administrative services in the implementation of
the setoff under section 8A.504, in regard to collections by
the child support recovery unit and the foster care recovery
unit.
Sec. 1921. Section 217.35, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Notwithstanding the requirement for deposit of recovered
moneys under section 239B.14, recovered moneys generated
-1129-through fraud and recoupment activities are appropriated to
the department of human services to be used for additional
fraud and recoupment activities performed by the department of
human services or the department of inspections, and appeals,
and licensing. The department of human services may use
the recovered moneys appropriated to add not more than five
full-time equivalent positions, in addition to those funded
by annual appropriations. The appropriation of the recovered
moneys is subject to both of the following conditions:
Sec. 1922. Section 225C.4, subsection 1, paragraphs t and u,
Code 2023, are amended to read as follows:
t. In cooperation with the department of inspections, and
appeals, and licensing, recommend minimum standards under
section 227.4 for the care of and services to persons with
mental illness or an intellectual disability residing in county
care facilities. The administrator shall also cooperate with
the department of inspections, and appeals, and licensing
in recommending minimum standards for care of and services
provided to persons with mental illness or an intellectual
disability living in a residential care facility regulated
under chapter 135C.
u. In cooperation with the Iowa department of public health,
recommend minimum standards for the maintenance and operation
of public or private facilities offering disability services,
which are not subject to licensure by the department or the
department of inspections, and appeals, and licensing.
Sec. 1923. Section 225C.6, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Unless another governmental body sets standards for a
service available to persons with disabilities, adopt state
standards for that service. The commission shall review the
licensing standards used by the department of human services or
department of inspections, and appeals, and licensing for those
facilities providing disability services.
Sec. 1924. Section 225C.6, subsection 4, paragraph a, Code
-1130-2023, is amended to read as follows:
a. The department shall coordinate with the department of
inspections, and appeals, and licensing in the establishment
of facility-based and community-based, subacute mental health
services.
Sec. 1925. Section 227.4, Code 2023, is amended to read as
follows:
227.4 Standards for care of persons with mental illness or an
intellectual disability in county care facilities.
The administrator, in cooperation with the department of
inspections, and appeals, and licensing, shall recommend
and the mental health and disability services commission
created in section 225C.5 shall adopt, or amend and adopt,
standards for the care of and services to persons with mental
illness or an intellectual disability residing in county care
facilities. The standards shall be enforced by the department
of inspections, and appeals, and licensing as a part of the
licensure inspection conducted pursuant to chapter 135C. The
objective of the standards is to ensure that persons with
mental illness or an intellectual disability who are residents
of county care facilities are not only adequately fed, clothed,
and housed, but are also offered reasonable opportunities for
productive work and recreational activities suited to their
physical and mental abilities and offering both a constructive
outlet for their energies and, if possible, therapeutic
benefit. When recommending standards under this section,
the administrator shall designate an advisory committee
representing administrators of county care facilities, regional
administrators, mental health and disability services region
governing boards, and county care facility certified volunteer
long-term care ombudsmen to assist in the establishment of
standards.
Sec. 1926. Section 231.42, subsections 4 and 10, Code 2023,
are amended to read as follows:
4. Referrals of abuse, neglect, or exploitation.
-1131- a. If abuse, neglect, or exploitation of a resident or
tenant is suspected, the state or a local long-term care
ombudsman shall, with the permission of the resident or tenant
as applicable under federal law, make an immediate referral to
the department of inspections, and appeals, and licensing, the
department of human services, the department on aging, or the
appropriate law enforcement agency, as applicable.
b. If the department of inspections, and appeals, and
licensing responds to a complaint referred by the state or
a local long-term care ombudsman against a long-term care
facility, assisted living program, elder group home, or an
employee of such entity, copies of related inspection reports,
plans of correction, and notice of any citations and sanctions
levied against the facility, program, or home shall be
forwarded to the office of long-term care ombudsman.
10. Change in operations. A long-term care facility,
assisted living program, or elder group home shall inform the
office of long-term care ombudsman in writing at least thirty
days prior to any change in operations, programs, services,
licensure, or certification that affects residents or tenants,
including but not limited to the intention to close, decertify,
or change ownership. In an emergency situation, or when a
long-term care facility, assisted living program, or elder
group home is evacuated, the department of inspections, and
appeals, and licensing shall notify the office of long-term
care ombudsman.
Sec. 1927. Section 231.58, Code 2023, is amended to read as
follows:
231.58 Long-term living coordination.
The director may convene meetings, as necessary, of the
director and the directors of human services, public health,
and inspections, and appeals, and licensing, to assist in
the coordination of policy, service delivery, and long-range
planning relating to the long-term living system and older
Iowans in the state. The group may consult with individuals,
-1132-institutions and entities with expertise in the area of the
long-term living system and older Iowans, as necessary, to
facilitate the group’s efforts.
Sec. 1928. Section 231B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Department” means the department of inspections, and
appeals, and licensing or the department’s designee.
Sec. 1929. Section 231C.2, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing or the department’s designee.
Sec. 1930. Section 231C.5A, Code 2023, is amended to read
as follows:
231C.5A Assessment of tenants — program eligibility.
An assisted living program receiving reimbursement through
the medical assistance program under chapter 249A shall
assist the department of veterans affairs in identifying, upon
admission of a tenant, the tenant’s eligibility for benefits
through the United States department of veterans affairs. The
assisted living program shall also assist the commission of
veterans affairs in determining such eligibility for tenants
residing in the program on July 1, 2009. The department
of inspections, and appeals, and licensing, in cooperation
with the department of human services, shall adopt rules to
administer this section, including a provision that ensures
that if a tenant is eligible for benefits through the United
States department of veterans affairs or other third-party
payor, the payor of last resort for reimbursement to the
assisted living program is the medical assistance program.
The rules shall also require the assisted living program
to request information from a tenant or tenant’s personal
representative regarding the tenant’s veteran status and to
report to the department of veterans affairs only the names of
tenants identified as potential veterans along with the names
of their spouses and any dependents. Information reported by
-1133-the assisted living program shall be verified by the department
of veterans affairs.
Sec. 1931. Section 231D.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1932. Section 232.142, subsection 5, Code 2023, is
amended to read as follows:
5. The director, the director of the department of human
rights, or a designee of the director of the department of
human rights shall approve annually all such homes established
and maintained under the provisions of this chapter. A home
shall not be approved unless it complies with minimal rules and
standards adopted by the director and has been inspected by the
department of inspections, and appeals, and licensing. The
statewide number of beds in the homes approved by the director
shall not exceed two hundred seventy-two beds beginning July 1,
2017. This subsection is repealed July 1, 2023.
Sec. 1933. Section 234.12, subsection 3, Code 2023, is
amended to read as follows:
3. Upon request by the department of human services, the
department of inspections, and appeals, and licensing shall
conduct investigations into possible fraudulent practices,
as described in section 234.13, relating to food programs
administered by the department of human services.
Sec. 1934. Section 235.5, Code 2023, is amended to read as
follows:
235.5 Inspections.
The department of inspections, and appeals, and licensing
shall conduct inspections of private institutions for the care
of dependent, neglected, and delinquent children in accordance
with procedures established pursuant to chapters 10A and 17A.
Sec. 1935. Section 235A.15, subsection 2, paragraph e,
subparagraph (17), Code 2023, is amended to read as follows:
(17) To the department of inspections, and appeals, and
-1134-licensing for purposes of record checks of applicants for
employment with the department of inspections, and appeals, and
licensing.
Sec. 1936. Section 235A.16, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The department of inspections, and appeals, and licensing
may provide access to the single contact repository established
under section 135C.33, subsection 7, for criminal and abuse
history checks made by those employers, agencies, and other
persons that are authorized access to child abuse information
under section 235A.15 and are required by law to perform such
checks.
Sec. 1937. Section 235B.1, subsection 4, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Advise the director of human services, the director
of the department on aging, the director of inspections, and
appeals, and licensing, the director of public health, the
director of the department of corrections, and the director of
human rights regarding dependent adult abuse.
Sec. 1938. Section 235B.1, subsection 4, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The advisory council shall consist of twelve members.
Eight members shall be appointed by and serve at the pleasure
of the governor. Four of the members appointed shall be
appointed on the basis of knowledge and skill related to
expertise in the area of dependent adult abuse including
professionals practicing in the disciplines of medicine, public
health, mental health, long-term care, social work, law,
and law enforcement. Two of the members appointed shall be
members of the general public with an interest in the area of
dependent adult abuse and two of the members appointed shall
be members of the Iowa caregivers association. In addition,
the membership of the council shall include the director or the
director’s designee of the department of human services, the
department on aging, the Iowa department of public health, and
-1135-the department of inspections, and appeals, and licensing.
Sec. 1939. Section 235B.3, subsection 1, paragraph a,
subparagraphs (2), (3), and (4), Code 2023, are amended to read
as follows:
(2) However, the department of inspections, and appeals,
and licensing is solely responsible for the evaluation and
disposition of dependent adult abuse cases within facilities
and programs pursuant to chapter 235E and shall inform
the department of human services of such evaluations and
dispositions pursuant to section 235E.2.
(3) If, in the course of an assessment or evaluation
of a report of dependent adult abuse, the department of
human services or the department of inspections and appeals
determines the case involves wages, workplace safety, or
other labor and employment matters under the jurisdiction of
the department of inspections, appeals, and licensing or the
division of labor services of the department of workforce
development inspections, appeals, and licensing, the relevant
portions of the case shall be referred to the department
of inspections, appeals, and licensing or the division, as
applicable.
(4) If, in the course of an assessment or evaluation of
a report of dependent adult abuse, the department of human
services or the department of inspections, and appeals, and
licensing determines that the case involves discrimination
under the jurisdiction of the civil rights commission,
the relevant portions of the case shall be referred to the
commission.
Sec. 1940. Section 235B.3, subsection 10, paragraph a, Code
2023, is amended to read as follows:
a. If, upon completion of the evaluation or upon referral
from the department of inspections, and appeals, and
licensing, the department determines that the best interests
of the dependent adult require court action, the department
shall initiate action for the appointment of a guardian or
-1136-conservator or for admission or commitment to an appropriate
institution or facility pursuant to the applicable procedures
under chapter 125, 222, 229, or 633, or shall pursue other
remedies provided by law. The appropriate county attorney
shall assist the department in the preparation of the necessary
papers to initiate the action and shall appear and represent
the department at all district court proceedings.
Sec. 1941. Section 235B.3, subsection 14, Code 2023, is
amended to read as follows:
14. The department of inspections, and appeals, and
licensing shall adopt rules which require facilities or
programs to separate an alleged dependent adult abuser from a
victim following an allegation of perpetration of abuse and
prior to the completion of an investigation of the allegation.
Sec. 1942. Section 235B.5, subsection 5, Code 2023, is
amended to read as follows:
5. An oral report of suspected dependent adult abuse
initially made to the central registry regarding a facility or
program as defined in section 235E.1 shall be transmitted by
the department to the department of inspections, and appeals,
and licensing on the first working day following the submitting
of the report.
Sec. 1943. Section 235B.6, subsection 2, paragraph e,
subparagraph (9), Code 2023, is amended to read as follows:
(9) The department of inspections, and appeals, and
licensing for purposes of record checks of applicants for
employment with the department of inspections, and appeals, and
licensing.
Sec. 1944. Section 235B.7, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The department of inspections, and appeals, and licensing
may provide access to the single contact repository established
under section 135C.33, subsection 7, for criminal and abuse
history checks made by those employers, agencies, and other
persons that are authorized access to dependent adult abuse
-1137-information under section 235B.6 and are required by law to
perform such checks.
Sec. 1945. Section 235B.16, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. The department, in cooperation with the department
on aging and the department of inspections, and appeals, and
licensing, shall institute a program of education and training
for persons, including members of provider groups and family
members, who may come in contact with dependent adult abuse.
The program shall include but is not limited to instruction
regarding recognition of dependent adult abuse and the
procedure for the reporting of suspected abuse.
4. The department of inspections, and appeals, and
licensing shall provide training to investigators regarding
the collection and preservation of evidence in the case of
suspected dependent adult abuse.
Sec. 1946. Section 235B.16A, subsection 4, Code 2023, is
amended to read as follows:
4. The department of human services shall cooperate with
the department on aging, the departments of inspections, and
appeals, and licensing, public health, public safety, and
workforce development, the civil rights commission, and other
state and local agencies performing inspections or otherwise
visiting residential settings where dependent adults live,
to regularly provide training to the appropriate staff in
the agencies concerning each agency’s procedures involving
dependent adults, and to build awareness concerning dependent
adults and reporting of dependent adult abuse.
Sec. 1947. Section 235E.1, subsection 3, Code 2023, is
amended to read as follows:
3. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1948. Section 235E.2, subsection 5, Code 2023, is
amended to read as follows:
5. Any other person who believes that a dependent adult
-1138-has suffered dependent adult abuse may report the suspected
dependent adult abuse to the department of inspections, and
appeals, and licensing. The department of inspections, and
appeals, and licensing shall transfer any reports received
of dependent adult abuse in the community to the department
of human services. The department of human services shall
transfer any reports received of dependent adult abuse in
facilities or programs to the department of inspections, and
appeals, and licensing.
Sec. 1949. Section 235F.6, subsection 4, Code 2023, is
amended to read as follows:
4. The court may approve a consent agreement between the
parties entered into to bring about the cessation of elder
abuse. A consent agreement approved under this section shall
not contain any of the following:
a. A provision that prohibits any party to the action
from contacting or cooperating with any government agency
including the department of human services, the department of
inspections, and appeals, and licensing, the department on
aging, the department of justice, law enforcement, and the
office of long-term care ombudsman; a licensing or regulatory
agency that has jurisdiction over any license or certification
held by the defendant; a protection and advocacy agency
recognized in section 135C.2; or the defendant’s current
employer if the defendant’s professional responsibilities
include contact with vulnerable elders, dependent adults, or
minors, if the party contacting or cooperating has a good-faith
belief that the information is relevant to the duties or
responsibilities of the entity.
b. A provision that prohibits any party to the action
from filing a complaint with or reporting a violation of law
to any government agency including the department of human
services, the department of inspections, and appeals, and
licensing, the department on aging, the department of justice,
law enforcement, and the office of long-term care ombudsman; a
-1139-licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
c. A provision that requires any party to the action
to withdraw a complaint filed with or a violation reported
to any government agency including the department of human
services, the department of inspections, and appeals, and
licensing, the department on aging, the department of justice,
law enforcement, and the office of long-term care ombudsman; a
licensing or regulatory agency that has jurisdiction over any
license or certification held by the defendant; a protection
and advocacy agency recognized in section 135C.2; or the
defendant’s current employer.
Sec. 1950. Section 237.7, Code 2023, is amended to read as
follows:
237.7 Reports and inspections.
The administrator may require submission of reports by a
licensee, and shall cause at least one annual unannounced
inspection of each facility to assess the quality of the
living situation and to determine compliance with applicable
requirements and standards. The inspections shall be conducted
by the department of inspections, and appeals, and licensing.
The director of the department of inspections, and appeals, and
licensing may examine records of a licensee, including but not
limited to corporate records and board minutes, and may inquire
into matters concerning a licensee and its employees relating
to requirements and standards for child foster care under this
chapter.
Sec. 1951. Section 237A.1, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. A child care center for sick children operated as part
of a pediatrics unit in a hospital licensed by the department
of inspections, and appeals, and licensing pursuant to chapter
135B.
-1140- Sec. 1952. Section 237A.8, Code 2023, is amended to read as
follows:
237A.8 Violations — actions against license or registration.
The administrator, after notice and opportunity for an
evidentiary hearing before the department of inspections, and
appeals, and licensing, may suspend or revoke a license or
certificate of registration issued under this chapter or may
reduce a license to a provisional license if the person to whom
a license or certificate is issued violates a provision of this
chapter or if the person makes false reports regarding the
operation of the child care facility to the administrator or a
designee of the administrator. The administrator shall notify
the parent, guardian, or legal custodian of each child for whom
the person provides child care at the time of action to suspend
or revoke a license or certificate of registration.
Sec. 1953. Section 237A.29, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A child care provider that has been found by the department
of inspections, and appeals, and licensing in an administrative
proceeding or in a judicial proceeding to have obtained, or has
agreed to entry of a civil judgment or judgment by confession
that includes a conclusion of law that the child care provider
has obtained, by fraudulent means, public funding for provision
of child care in an amount equal to or in excess of the minimum
amount for a fraudulent practice in the second degree under
section 714.10, subsection 1, paragraph “a”, shall be subject
to sanction in accordance with this subsection. Such child
care provider shall be subject to a period during which receipt
of public funding for provision of child care is conditioned
upon no further violations and to one or more of the following
sanctions as determined by the department of human services:
Sec. 1954. Section 237C.3, subsection 1, Code 2023, is
amended to read as follows:
1. The department of human services shall consult with
-1141-the department of education, the department of inspections,
and appeals, and licensing, the department of public health,
the state fire marshal, and other agencies as determined by
the department of human services to establish certification
standards for children’s residential facilities in accordance
with this chapter.
Sec. 1955. Section 237C.8, Code 2023, is amended to read as
follows:
237C.8 Reports and inspections.
The administrator may require submission of reports by a
certificate of approval holder and shall cause at least one
annual unannounced inspection of a children’s residential
facility to assess compliance with applicable requirements
and standards. The inspections shall be conducted by the
department of inspections, and appeals, and licensing in
addition to initial, renewal, and other inspections that result
from complaints or self-reported incidents. The department of
inspections, and appeals, and licensing and the department of
human services may examine records of a children’s residential
facility and may inquire into matters concerning the children’s
residential facility and its employees, volunteers, and
subcontractors relating to requirements and standards for
children’s residential facilities under this chapter.
Sec. 1956. Section 238.19, Code 2023, is amended to read as
follows:
238.19 Inspection generally.
Authorized employees of the department of inspections, and
appeals, and licensing may inspect the premises and conditions
of the agency at any time and examine every part of the agency;
and may inquire into all matters concerning the agency and the
children in the care of the agency.
Sec. 1957. Section 238.20, Code 2023, is amended to read as
follows:
238.20 Minimum inspection — record.
Authorized employees of the department of inspections, and
-1142- appeals, and licensing shall visit and inspect the premises
of licensed child-placing agencies at least once every twelve
months and make and preserve written reports of the conditions
found.
Sec. 1958. Section 239B.16, Code 2023, is amended to read
as follows:
239B.16 Appeal — judicial review.
If an applicant’s application is not acted upon within a
reasonable time, if it is denied in whole or in part, or if a
participant’s assistance or other benefits under this chapter
are modified, suspended, or canceled under a provision of
this chapter, the applicant or participant may appeal to the
department of human services which shall request the department
of inspections, and appeals, and licensing to conduct a
hearing. Upon completion of a hearing, the department of
inspections, and appeals, and licensing shall issue a decision
which is subject to review by the department of human services.
Judicial review of the actions of the department of human
services may be sought in accordance with chapter 17A. Upon
receipt of a notice of the filing of a petition for judicial
review, the department of human services shall furnish the
petitioner with a copy of any papers filed in support of the
petitioner’s position, a transcript of any testimony taken, and
a copy of the department’s decision.
Sec. 1959. Section 249.5, Code 2023, is amended to read as
follows:
249.5 Judicial review.
If an application is not acted upon within a reasonable
time, if it is denied in whole or in part, or if an award
of assistance is modified, suspended, or canceled under a
provision of this chapter, the applicant or recipient may
appeal to the department of human services, which shall request
the department of inspections, and appeals, and licensing
to conduct a hearing. Upon completion of a hearing, the
department of inspections, and appeals, and licensing shall
-1143-issue a decision which is subject to review by the department
of human services. Judicial review of the actions of the
department of human services may be sought in accordance with
chapter 17A. Upon receipt of the petition for judicial review,
the department of human services shall furnish the petitioner
with a copy of any papers filed by the petitioner in support of
the petitioner’s position, a transcript of any testimony taken,
and a copy of the department’s decision.
Sec. 1960. Section 249.11, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections, and appeals, and
licensing shall conduct investigations and audits as deemed
necessary to ensure compliance with state supplementary
assistance programs administered under this chapter. The
department of inspections, and appeals, and licensing shall
cooperate with the department of human services on the
development of procedures relating to such investigations and
audits to ensure compliance with federal and state single state
agency requirements.
Sec. 1961. Section 249A.4, subsection 11, Code 2023, is
amended to read as follows:
11. Shall provide an opportunity for a fair hearing before
the department of inspections, and appeals, and licensing
to an individual whose claim for medical assistance under
this chapter is denied or is not acted upon with reasonable
promptness. Upon completion of a hearing, the department of
inspections, and appeals, and licensing shall issue a decision
which is subject to review by the department of human services.
Judicial review of the decisions of the department of human
services may be sought in accordance with chapter 17A. If
a petition for judicial review is filed, the department of
human services shall furnish the petitioner with a copy of
the application and all supporting papers, a transcript of
the testimony taken at the hearing, if any, and a copy of its
decision.
-1144- Sec. 1962. Section 249A.50, subsection 2, Code 2023, is
amended to read as follows:
2. The department of inspections, and appeals, and
licensing shall conduct investigations and audits as deemed
necessary to ensure compliance with the medical assistance
program administered under this chapter. The department
of inspections, and appeals, and licensing shall cooperate
with the department of human services on the development of
procedures relating to such investigations and audits to
ensure compliance with federal and state single state agency
requirements.
Sec. 1963. Section 249A.50, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. A Medicaid fraud fund is created in the state treasury
under the authority of the department of inspections, and
appeals, and licensing. Moneys from penalties, investigative
costs recouped by the Medicaid fraud control unit, and other
amounts received as a result of prosecutions involving
the department of inspections, and appeals, and licensing
investigations and audits to ensure compliance with the medical
assistance program that are not credited to the program shall
be credited to the fund.
Sec. 1964. Section 321.11, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. Notwithstanding other provisions of this section to the
contrary, the department shall not release personal information
to a person, other than to an officer or employee of a law
enforcement agency, an employee of a federal or state agency
or political subdivision in the performance of the employee’s
official duties, a contract employee of the department of
inspections, and appeals, and licensing in the conduct of an
investigation, or a licensed private investigation agency
or a licensed security service or a licensed employee of
either, if the information is requested by the presentation
of a registration plate number. In addition, an officer or
-1145-employee of a law enforcement agency may release the name,
address, and telephone number of a motor vehicle registrant to
a person requesting the information by the presentation of a
registration plate number if the officer or employee of the law
enforcement agency believes that the release of the information
is necessary in the performance of the officer’s or employee’s
duties.
4. The department shall not release personal information
that is in the form of a person’s photograph or digital
image or a digital reproduction of a person’s photograph to a
person other than an officer or employee of a law enforcement
agency, an employee of a federal or state agency or political
subdivision in the performance of the employee’s official
duties, a contract employee of the department of inspections,
and appeals, and licensing in the conduct of an investigation,
or a licensed private investigation agency or a licensed
security service or a licensed employee of either, regardless
of whether a person has provided express written consent to
disclosure of the information. The department may collect
reasonable fees for copies of records or other services
provided pursuant to this section or section 22.3, 321.10, or
622.46.
Sec. 1965. Section 321.19, subsection 1, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health, the
department of inspections, and appeals, and licensing, and the
department of revenue, who are regularly assigned to conduct
investigations which cannot reasonably be conducted with a
vehicle displaying “official” state registration plates.
Sec. 1966. Section 321.211, subsection 1, Code 2023, is
amended to read as follows:
1. Upon suspending the license of a person as authorized,
the department shall immediately notify the licensee in writing
-1146-and upon the licensee’s request shall afford the licensee an
opportunity for a hearing before the department of inspections,
and appeals, and licensing as early as practical within
thirty days after receipt of the request. The hearing shall
be held by telephone conference unless the licensee and the
department of inspections, and appeals, and licensing agree to
hold the hearing in the county in which the licensee resides
or in some other county. Upon the hearing the department of
inspections, and appeals, and licensing may administer oaths
and issue subpoenas for the attendance of witnesses and the
production of relevant books and papers and may require a
reexamination of the licensee. Upon the hearing and issuance
of a recommendation by the department of inspections, and
appeals, and licensing, the state department of transportation
shall either rescind its order of suspension or for good cause
may extend the suspension of the license or revoke the license.
This section does not preclude the director from attempting to
effect an informal settlement under chapter 17A.
Sec. 1967. Section 322.9, subsection 1, Code 2023, is
amended to read as follows:
1. The department may revoke or suspend the license of a
retail motor vehicle dealer if, after notice and hearing by the
department of inspections, and appeals, and licensing, it finds
that the licensee has been guilty of an act which would be a
ground for the denial of a license under section 322.6.
Sec. 1968. Section 322.9, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department may revoke or suspend the license of a retail
motor vehicle dealer if, after notice and hearing by the
department of inspections, and appeals, and licensing, it finds
that the licensee has been convicted or has forfeited bail on
three charges of:
Sec. 1969. Section 322.24, subsection 1, Code 2023, is
amended to read as follows:
1. The state department of transportation and the
-1147-department of inspections, and appeals, and licensing may
issue subpoenas to compel the attendance of witnesses and the
production of documents, papers, books, records, and other
evidence in any matter over which the respective department
has jurisdiction, control, or supervision pertaining to this
chapter.
Sec. 1970. Section 322A.3A, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. After a hearing held as described in this subsection,
the department of inspections, and appeals, and licensing
may affirm, deny, or modify the proposed alteration of a
franchisee’s community, may enter any other orders necessary
to ensure that an alteration of the franchisee’s community is
reasonable in light of all the relevant circumstances, and
may assess the costs of the hearing among the parties to the
hearing as appropriate.
Sec. 1971. Section 322A.5, subsection 2, paragraph b,
subparagraph (3), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) Within thirty days of receiving the franchisee’s
submission, the franchiser may choose to audit the submitted
orders. The franchiser shall then approve or deny the
establishment of the franchisee’s average percentage markup
or labor rate. If the franchiser approves the establishment
of the franchisee’s average percentage markup or labor rate,
the markup or rate calculated under this subparagraph shall go
into effect forty-five days after the date of the franchiser’s
approval. If the franchiser denies the establishment of the
franchisee’s average percentage markup or labor rate, the
franchisee may file a complaint with the department and a
hearing shall be held before the department of inspections,
and appeals, and licensing. The franchiser shall have the
burden of proof to establish that the franchiser’s denial was
reasonable. If the department of inspections, and appeals,
and licensing finds the denial was not reasonable, the denial
-1148-shall be deemed a violation of this chapter and the department
of inspections, and appeals, and licensing shall determine
the franchisee’s average percentage markup or labor rate for
purposes of calculating a reasonable schedule of compensation.
In making such a determination, the department of inspections,
and appeals, and licensing shall not consider retail service
orders or portions of retail service orders attributable to
routine maintenance such as tire service or oil service.
Sec. 1972. Section 322A.6, subsection 2, Code 2023, is
amended to read as follows:
2. An applicant seeking permission to enter into a franchise
for additional representation of the same line-make in a
community shall deposit with the department at the time the
application is filed, an amount of money to be determined by
the department of inspections, and appeals, and licensing to
pay the costs of the hearing.
Sec. 1973. Section 322A.7, subsection 1, Code 2023, is
amended to read as follows:
1. Upon receiving an application, the department shall
notify the department of inspections, and appeals, and
licensing which shall enter an order fixing a time, which
shall be within ninety days of the date of the order, and
place of hearing, and shall send by certified or registered
mail, with return receipt requested, a copy of the order
to the franchisee whose franchise the franchiser seeks to
terminate or not continue, or to the franchiser who is seeking
to alter a franchisee’s community, as applicable. If the
application requests permission to establish an additional
motor vehicle dealership, a copy of the order shall be sent to
all franchisees in the community who are then engaged in the
business of offering to sell or selling the same line-make. If
the application challenges the reasonableness of a proposed
alteration to a franchisee’s community, a copy of the order
shall be sent to all franchisees located in Iowa surrounding
the affected community which are then engaged in the business
-1149-of offering to sell or selling the same line-make. Copies of
orders shall be addressed to the franchisee at the place where
the business is conducted. The department of inspections, and
appeals, and licensing may also give notice of the franchiser’s
application to any other parties deemed interested persons, the
notice to be in the form and substance and given in the manner
the department of inspections, and appeals, and licensing deems
appropriate.
Sec. 1974. Section 322A.8, Code 2023, is amended to read as
follows:
322A.8 Continuation.
If the department of inspections, and appeals, and licensing
finds it desirable it may upon request continue the date of
hearing for a period of ninety days, and may upon application,
but not ex parte, continue the date of hearing for an
additional period of ninety days.
Sec. 1975. Section 322A.9, subsection 2, Code 2023, is
amended to read as follows:
2. Nothing contained in this chapter shall be construed to
require or authorize any investigation by the department of any
matter before the department under this chapter. Upon hearing,
the department of inspections, and appeals, and licensing shall
hear the evidence introduced by the parties and shall make its
decision solely upon the record so made.
Sec. 1976. Section 322A.10, Code 2023, is amended to read
as follows:
322A.10 Rules of evidence.
1. The rules of civil procedure relating to discovery and
inspection shall apply to hearings held under the provisions of
this chapter, and the department of inspections, and appeals,
and licensing may issue orders to give effect to such rules.
2. In the event issues are raised which would involve
violations of any state or federal antitrust or price-fixing
law, all discovery and inspection proceedings which would be
available under such issues in a state or federal court action
-1150-shall be available to the parties to the hearing, and the
department of inspections, and appeals, and licensing may issue
orders to give effect to such proceedings.
3. Evidence which would be admissible under the issues in a
state or federal court action is admissible in a hearing held
by the department of inspections, and appeals, and licensing.
The department of inspections, and appeals, and licensing shall
apportion all costs between the parties.
Sec. 1977. Section 322A.13, Code 2023, is amended to read
as follows:
322A.13 Compulsory attendance at hearings.
The department of inspections, and appeals, and licensing
may issue subpoenas, administer oaths, compel the attendance of
witnesses and production of books, papers, documents, and all
other evidence. The department of inspections, and appeals,
and licensing may apply to the district court of the county
wherein the hearing is being held for a court order enforcing
this section.
Sec. 1978. Section 322A.15, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
In determining whether good cause has been established for
terminating or not continuing a franchise, the department
of inspections, and appeals, and licensing shall take into
consideration the existing circumstances, including, but not
limited to:
Sec. 1979. Section 322A.15, subsection 1, paragraphs g and
h, Code 2023, are amended to read as follows:
g. Except as provided in section 322A.11, failure by the
franchisee to substantially comply with those requirements
of the franchise which are determined by the department of
inspections, and appeals, and licensing to be reasonable and
material.
h. Except as provided in section 322A.11, bad faith by the
franchisee in complying with those terms of the franchise which
are determined by the department of inspections, and appeals,
-1151-and licensing to be reasonable and material.
Sec. 1980. Section 322A.16, unnumbered paragraph 1, Code
2023, is amended to read as follows:
In determining whether good cause has been established for
entering into an additional franchise for the same line-make,
the department of inspections, and appeals, and licensing shall
take into consideration the existing circumstances, including,
but not limited to:
Sec. 1981. Section 322A.17, subsection 1, Code 2023, is
amended to read as follows:
1. A decision of the department of inspections, and appeals,
and licensing is subject to review by the state department of
transportation, whose decision is final agency action for the
purpose of judicial review.
Sec. 1982. Section 322C.6, unnumbered paragraph 1, Code
2023, is amended to read as follows:
A license issued under section 322C.4 or 322C.9 may be
denied, revoked, or suspended, after opportunity for a
hearing before the department of inspections, and appeals, and
licensing in accordance with chapters 10A and 17A, if it is
determined that the licensee or applicant has done any of the
following:
Sec. 1983. Section 323.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Department” means the department of inspections, and
appeals, and licensing.
Sec. 1984. Section 324A.5, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The department of inspections, and appeals, and licensing
shall establish an appeal process pursuant to chapters 10A and
17A which allows those agencies or organizations determined
to not be in compliance with this chapter an opportunity for
a timely hearing before the department of inspections, and
appeals, and licensing. A decision by the department of
inspections, and appeals, and licensing is subject to review by
-1152-the state department of transportation. The state department
of transportation’s decision is the final agency action.
Judicial review of the action of the department may be sought
in accordance with chapter 17A.
Sec. 1985. Section 327C.8, Code 2023, is amended to read as
follows:
327C.8 Objections — hearing.
A person directly affected by the proposed discontinuance
of an agency may file written objections with the department
stating the grounds for the objections, within fifteen days
from the time of the publication of the notice as provided in
section 327C.7. Upon the filing of objections the department
shall request the department of inspections, and appeals, and
licensing to hold a hearing, which shall be held within sixty
days from the filing of the objections. Written notice of the
time and place of the hearing shall be mailed by the department
of inspections, and appeals, and licensing to the railroad
corporation and the person filing objections at least ten days
prior to the date fixed for the hearing.
Sec. 1986. Section 327C.12, Code 2023, is amended to read
as follows:
327C.12 Aid from courts.
The department or the department of inspections, and
appeals, and licensing may invoke the aid of any court of
record in the state in requiring the attendance and testimony
of witnesses and the production of books, papers, tariff
schedules, agreements, and other documents. If a person
refuses to obey a subpoena or other process, a court having
jurisdiction of the inquiry shall issue an order requiring any
of the officers, agents, or employees of a carrier or other
person to appear before either department and produce all books
and papers required by the order and testify in relation to any
matter under investigation.
Sec. 1987. Section 327C.17, Code 2023, is amended to read
as follows:
-1153- 327C.17 Penalty.
If a railroad fails or refuses to comply with a rule or
order made by the state department of transportation or the
department of inspections, and appeals, and licensing within
the time specified, the railroad is, for each day of such
failure, subject to a schedule “two” penalty.
Sec. 1988. Section 327C.19, subsection 1, Code 2023, is
amended to read as follows:
1. A decision of the department of inspections, and appeals,
and licensing is subject to review by the state department of
transportation.
Sec. 1989. Section 327C.20, Code 2023, is amended to read
as follows:
327C.20 Remitting penalty.
If a common carrier fails in a judicial review proceeding
to secure a vacation of the order objected to, it may apply to
the court in which the review proceeding is finally adjudicated
for an order remitting the penalty which has accrued during
the review proceeding. Upon a satisfactory showing that the
petition for judicial review was filed in good faith and not
for the purpose of delay, and that there were reasonable
grounds to believe that the order was unreasonable or unjust
or that the power of the department of transportation or the
department of inspections, and appeals, and licensing to make
the order was doubtful, the court may remit the penalty that
has accrued during the review proceeding.
Sec. 1990. Section 327C.25, Code 2023, is amended to read
as follows:
327C.25 Complaints.
A person may file with the department a petition setting
forth any particular in which a common carrier has violated the
law to which it is subject and the amount of damages sustained
by reason of the violation. The department shall furnish a
copy of the complaint to the carrier against which a complaint
is filed. The department shall request the department
-1154-of inspections, and appeals, and licensing to schedule a
hearing in which the carrier shall answer the petition or
satisfy the demands of the complaint. If the carrier fails
to satisfy the complaint within the time fixed or there
appears to be reasonable grounds for investigating the matters
set forth in the petition, the department of inspections,
and appeals, and licensing shall hear and determine the
questions involved and make orders it finds proper. If the
department of transportation has reason to believe that a
carrier is violating any of the laws to which it is subject,
the department may institute an investigation and request
the department of inspections, and appeals, and licensing to
conduct a hearing in relation to the matters as if a petition
had been filed.
Sec. 1991. Section 327C.26, Code 2023, is amended to read
as follows:
327C.26 Reports.
When a hearing has been held before the department of
inspections, and appeals, and licensing after notice, it shall
make a report in writing setting forth the findings of fact
and its conclusions together with its recommendations as to
what reparation, if any, the offending carrier shall make to a
party who has suffered damage. The findings of fact are prima
facie evidence in all further legal proceedings of every fact
found. All reports of hearings and investigations made by the
department of inspections, and appeals, and licensing shall be
entered of record and a copy furnished to the carrier against
which the complaint was filed, to the party complaining, and
to any other person having a direct interest in the matter. A
reasonable fee not to exceed the actual duplication costs may
be charged for the copies.
Sec. 1992. Section 327C.28, Code 2023, is amended to read
as follows:
327C.28 Violation of order — petition — notice.
If a person violates or fails to obey a lawful order
-1155-or requirement of the department of transportation or the
department of inspections, and appeals, and licensing, the
department of transportation or the department of inspections,
and appeals, and licensing shall apply by petition in the
name of the state against the person, to the district court,
alleging the violation or failure to obey. The court shall
hear and determine the matter set forth in the petition on
reasonable notice to the person, to be fixed by the court and
to be served in the same manner as an original notice for the
commencement of action.
Sec. 1993. Section 327C.29, Code 2023, is amended to read
as follows:
327C.29 Interested party may begin proceedings.
A person interested in enforcing an order or requirement
of the department of transportation or the department of
inspections, and appeals, and licensing, may file a petition
against the violator, alleging the failure to comply with
the order or requirement and asking for summary relief to
the same extent and in the same manner as the department of
transportation or the department of inspections, and appeals,
and licensing may under section 327C.28, and the proceedings
after the filing of the petition shall be the same as in
section 327C.28.
Sec. 1994. Section 327D.4, Code 2023, is amended to read as
follows:
327D.4 Connections.
If a railroad corporation in this state refuses to connect by
proper switches or tracks with the tracks of another railroad
corporation or refuses to receive, transport, load, discharge,
reload, or return cars furnished by another connecting railroad
corporation, a petition requesting resolution of the dispute
may be filed with the department. The department shall notify
the department of inspections, and appeals, and licensing
which shall hold a hearing on the dispute. Upon conclusion of
the hearing, the department of inspections, and appeals, and
-1156-licensing shall issue an order to resolve the dispute. The
order may include the allocation of costs between the parties.
The order is subject to review by the department which review
shall be the final agency action.
Sec. 1995. Section 327D.53, Code 2023, is amended to read
as follows:
327D.53 Division of joint rates.
Before the adoption of the rates, the department shall
notify the railroad corporations interested in the schedule of
joint rates fixed, and give them a reasonable time to agree
upon a division of the charges provided. If the corporations
fail to agree upon a division, and to notify the department
of their agreement, the department shall, after a hearing
conducted by the department of inspections, and appeals, and
licensing, decide the rates, taking into consideration the
value of terminal facilities and all the circumstances of
the haul, and the division so determined by it is, in all
controversies or actions between the railroad corporations
interested, prima facie evidence of a just and reasonable
division.
Sec. 1996. Section 327D.83, Code 2023, is amended to read
as follows:
327D.83 Rate hearing.
If a schedule is filed with the department stating a rate,
the department may, either upon complaint or upon its own
motion, request the department of inspections, and appeals, and
licensing to conduct a hearing concerning the propriety of the
rate.
Sec. 1997. Section 327D.85, Code 2023, is amended to read
as follows:
327D.85 Rate proposal — review.
At the hearing the department of inspections, and appeals,
and licensing shall propose the rates on the schedule, in whole
or in part, or others in lieu thereof, which the department
of inspections, and appeals, and licensing finds are just and
-1157-reasonable rates. The action of the department of inspections,
and appeals, and licensing is subject to review by the state
department of transportation. The decision of the state
department of transportation is the final agency action.
Sec. 1998. Section 327D.89, Code 2023, is amended to read
as follows:
327D.89 Complaint of violation.
When a person complains to the department that the rate
charged or published by a railway corporation, or the maximum
rate fixed by law, is unreasonably high or discriminating,
the department may investigate the matter, and request the
department of inspections, and appeals, and licensing to
conduct a hearing. The department of inspections, and appeals,
and licensing shall give the parties notice of the time and
place of the hearing.
Sec. 1999. Section 327D.90, Code 2023, is amended to read
as follows:
327D.90 Hearing — evidence.
At the time of the hearing the department of inspections, and
appeals, and licensing shall receive any evidence and listen
to any arguments presented by either party relevant to the
matter under investigation, and the burden of proof is not
upon the person making the complaint. The complainant shall
add to the showing made at the hearing whatever information
the complainant then has, or can obtain from any source.
The department of inspections, and appeals, and licensing
shall propose just and reasonable rates, which may be adopted
in whole or in part or modified as the state department of
transportation determines.
Sec. 2000. Section 327D.128, Code 2023, is amended to read
as follows:
327D.128 Weighing — disagreement.
If a railroad corporation and the owner, consignor,
or consignee of car lots of bulk commodities cannot reach
agreement relative to the weighing of the commodities, appeal
-1158-may be made to the state department of transportation. The
state department of transportation, after a hearing by the
department of inspections, and appeals, and licensing, shall
issue an order equitable to all parties including but not
limited to allocation of costs and specification of the place
and manner of weighing.
Sec. 2001. Section 327G.12, Code 2023, is amended to read
as follows:
327G.12 Overhead, underground, or more than one crossing.
The owner of land may serve upon the railroad corporation
a request in writing for more than one private crossing, or
for an overhead or underground crossing, accompanied by a plat
of the owner’s land designating the location and character
of crossing desired. If the railroad corporation refuses or
neglects to comply within thirty days of a written request,
the owner of the land may make written application to the
department to determine the owner’s rights. The department
of inspections, and appeals, and licensing, after notice to
the railroad corporation, shall hear the application and all
objections to the application, and make an order which is
reasonable and just, and if it requires the railroad company to
construct any crossing or roadway, fix the time for compliance
with the order and apportion the costs as appropriate. The
order of the department of inspections, and appeals, and
licensing is subject to review by the state department of
transportation. The decision of the state department of
transportation is the final agency action.
Sec. 2002. Section 327G.16, Code 2023, is amended to read
as follows:
327G.16 Disagreement — application — notice.
If the persons specified in section 327G.15 cannot reach
an agreement, either party may make written application to
the department requesting resolution of the disagreement.
The department shall request the department of inspections,
and appeals, and licensing to set a date for hearing. The
-1159-department of inspections, and appeals, and licensing shall
give ten days’ written notice of the hearing date.
Sec. 2003. Section 327G.17, Code 2023, is amended to read
as follows:
327G.17 Hearing — order.
1. The department of inspections, and appeals, and
licensing shall hear the evidence of each party to the
controversy and shall make an order, which may include,
pursuant to chapters 6A and 6B, authority to condemn, resolving
the controversy. The order shall include the portion of the
expense to be paid by each party to the controversy. In
determining what portion of the expense shall be paid by
each party, the department of inspections, and appeals, and
licensing may consider the ratio of the benefits accruing to
the railroad or the governmental unit or both, to the general
public use and benefit.
2. The order of the department of inspections, and appeals,
and licensing is subject to review by the state department
of transportation. The decision of the state department of
transportation is the final agency action.
Sec. 2004. Section 327G.31, Code 2023, is amended to read
as follows:
327G.31 Disagreement resolved.
If a railroad corporation and the jurisdiction having
authority cannot reach agreement on grade crossing surface
repair and maintenance, either party may appeal to the
department of inspections, and appeals, and licensing if prior
to disagreement both parties have filed a statement with the
state department of transportation to the effect that they have
entered into negotiations on grade crossing surface repair
and maintenance of a particular crossing. The department of
inspections, and appeals, and licensing shall resolve the
dispute in the manner provided in sections 327G.16 and 327G.17,
except for the allocation of costs.
Sec. 2005. Section 327G.32, subsections 3 and 4, Code 2023,
-1160-are amended to read as follows:
3. Other portions of this section notwithstanding, a
political subdivision may pass an ordinance regulating the
length of time a specific crossing may be blocked if the
political subdivision demonstrates that an ordinance is
necessary for public safety or convenience. If an ordinance
is passed, the political subdivision shall, within thirty days
of the effective date of the ordinance, notify the department
and the railroad corporation using the crossing affected by the
ordinance. The ordinance does not become effective unless the
department and the railroad corporation are notified within
thirty days. The ordinance becomes effective thirty days
after notification unless a person files an objection to the
ordinance with the department. If an objection is filed the
department shall notify the department of inspections, and
appeals, and licensing which shall hold a hearing. After
a hearing by the department of inspections, and appeals,
and licensing, the state department of transportation may
disapprove the ordinance if public safety or convenience
does not require the ordinance. The decision of the state
department of transportation is final agency action. The
ordinance approved by the political subdivision is prima facie
evidence that the ordinance is adopted to preserve public
safety or convenience.
4. The department of inspections, and appeals, and
licensing when considering rebuttal evidence shall weigh the
benefits accruing to the political subdivision as they affect
the general public use compared to the burden placed on the
railroad operation. Public safety or convenience may include,
but is not limited to, high traffic density at a specific
crossing of a main artery or interference with the flow of
authorized emergency vehicles.
Sec. 2006. Section 327G.62, Code 2023, is amended to read
as follows:
327G.62 Controversies — hearing — order — review.
-1161- When a disagreement arises between a railroad corporation,
its grantee, or its successor in interest, and the owner,
lessee, or licensee of a building or other improvement,
including trackage, used for receiving, storing, transporting,
or manufacturing an article of commerce transported or to
be transported, situated on a present or former railroad
right-of-way or on land owned or controlled by the railroad
corporation, its grantee, or its successor in interest, as
to the terms and conditions on which the article is to be
continued or removed, the railway corporation, its grantee, or
its successor in interest, or the owner, lessee, or licensee
may make written application to the department. The department
shall notify the department of inspections, and appeals, and
licensing which shall hear and determine the controversy and
make an order which is just and equitable between the parties.
That order is subject to review by the state department of
transportation. The decision of the state department of
transportation is final agency action.
Sec. 2007. Section 327G.65, Code 2023, is amended to read
as follows:
327G.65 Cost of construction.
The railroad corporation may require the person primarily to
be served to pay the legitimate cost and expense of acquiring,
by condemnation or purchase, the necessary right-of-way for the
spur track and of constructing it, as determined in separate
items by the department. Except as provided in section
327G.66, the total cost as ascertained by the department
shall be deposited with the railroad corporation before it is
required to incur expense. If an agreement cannot be reached,
the question shall be referred to the department which may,
after a hearing conducted by the department of inspections, and
appeals, and licensing, issue an order.
Sec. 2008. Section 327G.78, subsection 1, Code 2023, is
amended to read as follows:
1. Subject to section 6A.16 and 327G.77, when a railroad
-1162-corporation, its trustee, or its successor in interest has
interests in real property adjacent to a railroad right-of-way
that are abandoned by order of the surface transportation
board, reorganization court, bankruptcy court, or the
department, or when a railroad corporation, its trustee, or
its successor in interest seeks to sell its interests in
that property under any other circumstance, the railroad
corporation, its trustee, or its successor in interest shall
extend a written offer to sell at a fair market value price to
the persons holding leases, licenses, or permits upon those
properties, allowing sixty days from the time of receipt for a
written response. If a disagreement arises between the parties
concerning the price or other terms of the sale transaction,
either or both parties may make written application to the
department to resolve the disagreement. The application shall
be made within sixty days from the time an initial written
response is served upon the railroad corporation, trustee,
or successor in interest by the person wishing to purchase
the property. The department shall notify the department of
inspections, and appeals, and licensing which shall hear the
controversy and make a final determination of the fair market
value of the property and the other terms of the transaction
which were in dispute, within ninety days after the application
is filed. The determination is subject to review by the
department and the department’s decision is the final agency
action. All correspondence shall be by certified mail.
Sec. 2009. Section 327G.79, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The department of inspections and appeals’, appeals, and
licensing’s determination and order shall be just and equitable
and, in the case of the determination of the fair market value
of the property, shall be based in part upon at least three
independent appraisals prepared by certified appraisers. Each
party shall select one appraiser and each appraisal shall be
paid for by the party for whom the appraisal is prepared.
-1163-The two appraisers shall select a third appraiser and the
costs of this appraisal shall be divided equally between the
parties. If the appraisers selected by the parties cannot
agree on selection of a third appraiser, the state department
of transportation shall appoint a third appraiser and the costs
of this appraisal shall be divided equally between the parties.
2. The department of inspections and appeals’, appeals, and
licensing’s determination and order is final for the purpose
of administrative review to the district court as provided in
chapter 17A. The district court’s scope of review shall be
confined to whether there is substantial evidence to support
the department of inspections and appeals’, appeals, and
licensing’s determination and order.
Sec. 2010. Section 331.324, subsection 1, paragraph e, Code
2023, is amended to read as follows:
e. Cooperate with the workers’ compensation commissioner and
comply with requirements imposed upon counties under chapters
86 chapter 10A, subchapter III, and chapter 87.
Sec. 2011. Section 331.394, subsection 5, paragraph c, Code
2023, is amended to read as follows:
c. The county or region that received the notification,
as applicable, shall respond to the party that provided
the notification within forty-five days of receiving the
notification. If the parties cannot agree to a settlement as
to the person’s residency status within ninety days of the
date of notification, on motion of any of the parties, the
matter shall be referred to the department of inspections,
and appeals, and licensing for a contested case hearing under
chapter 17A before an administrative law judge assigned in
accordance with section 10A.801 to determine the person’s
residency status.
Sec. 2012. Section 331.394, subsection 5, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The administrative law judge’s determination of the
person’s residency status shall be considered final agency
-1164-action, notwithstanding contrary provisions of section 17A.15.
The party that does not prevail in the determination or
subsequent judicial review is liable for costs associated with
the proceeding, including reimbursement of the department of
inspections and appeals’, appeals, and licensing’s actual costs
associated with the administrative proceeding. Judicial review
of the determination may be sought in accordance with section
17A.19.
Sec. 2013. Section 331.394, subsection 6, paragraph c, Code
2023, is amended to read as follows:
c. The department, county, or region that received the
notification, as applicable, shall respond to the party
that provided the notification within forty-five days of
receiving the notification. If the parties cannot agree to a
settlement as to the dispute within ninety days of the date of
notification, on motion of any of the parties, the matter shall
be referred to the department of inspections, and appeals, and
licensing for a contested case hearing under chapter 17A before
an administrative law judge assigned in accordance with section
10A.801 to determine facts and issue a decision to resolve the
dispute.
Sec. 2014. Section 331.394, subsection 6, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The administrative law judge’s decision is a final
agency action, notwithstanding contrary provisions of section
17A.15. The party that does not prevail in the decision or
subsequent judicial review is liable for costs associated with
the proceeding, including reimbursement of the department of
inspections and appeals’, appeals, and licensing’s actual
costs associated with the administrative proceeding. Judicial
review of the decision may be sought in accordance with section
17A.19.
Sec. 2015. Section 331.653, subsection 10, Code 2023, is
amended to read as follows:
10. Cooperate with the division of labor services of the
-1165- department of workforce development inspections, appeals, and
licensing in the enforcement of child labor laws as provided
in section 92.22.
Sec. 2016. Section 331.756, subsections 16 and 55, Code
2023, are amended to read as follows:
16. Institute legal proceedings against persons who
violate laws administered by the division of labor services
of the department of workforce development under chapter 10A,
subchapter II, as provided in section 91.11 10A.210.
55. Make a written report to the department of inspections,
and appeals, and licensing within fifteen days of the end of
each calendar quarter of the amount of funds which were owed to
the state for indigent defense services and which were recouped
pursuant to subsection 5.
Sec. 2017. Section 423.3, subsection 18, paragraph a, Code
2023, is amended to read as follows:
a. Residential care facilities and intermediate care
facilities for persons with an intellectual disability and
residential care facilities for persons with mental illness
licensed by the department of inspections, and appeals, and
licensing under chapter 135C.
Sec. 2018. Section 425.28, subsection 4, Code 2023, is
amended to read as follows:
4. In addition to the sharing of information under
subsection 3, the department of human services may release
information pertaining to a person’s eligibility or claim
for or receipt of rent reimbursement to an employee of the
department of inspections, and appeals, and licensing in the
employee’s official conduct of an audit or investigation.
Sec. 2019. Section 453A.2, subsection 6, Code 2023, is
amended to read as follows:
6. If a county or a city has not assessed a penalty pursuant
to section 453A.22, subsection 2, for a violation of subsection
1, within sixty days of the adjudication of the violation,
the matter shall be transferred to and be the exclusive
-1166-responsibility of the alcoholic beverages division of the
department of commerce. Following transfer of the matter, if
the violation is contested, the alcoholic beverages division
of the department of commerce shall request an administrative
hearing before an administrative law judge, assigned by the
division of administrative hearings of the department of
inspections, and appeals, and licensing in accordance with
the provisions of section 10A.801, to adjudicate the matter
pursuant to chapter 17A.
Sec. 2020. Section 455B.135, Code 2023, is amended to read
as follows:
455B.135 Limit on authority.
Nothing contained in this subchapter II or chapter 459,
subchapter II, shall be deemed to grant to the department or
the director any authority or jurisdiction with respect to
air pollution existing solely within residences; or solely
within commercial and industrial plants, works, or shops under
the jurisdiction of chapters chapter 10A, subchapter II, and
chapter 88 and 91; or to affect the relations between employers
and employees with respect to, or arising out of, any condition
of air pollution.
Sec. 2021. Section 455B.145, subsection 2, paragraphs b and
c, Code 2023, are amended to read as follows:
b. The director shall promptly investigate the application
and approve or disapprove the application. The director may
conduct a public hearing before action is taken to approve or
disapprove. If the director disapproves issuing a certificate,
the political subdivision may appeal the action to the
department of inspections, and appeals, and licensing. At the
hearing on appeal, the department of inspections, and appeals,
and licensing shall decide whether the local program is
substantially consistent with the provisions of this subchapter
II, or rules adopted under this subchapter II, and whether the
local program is being enforced. The burden of proof shall be
upon the political subdivision.
-1167- c. If the director determines at any time that a local air
pollution program is being conducted in a manner inconsistent
with the substantive provisions of this subchapter II or the
rules adopted under this subchapter II, the director shall
notify the political subdivision, citing the deviations
from the acceptable standards and the corrective measures
to be completed within a reasonable amount of time. If the
corrective measures are not implemented as prescribed, the
director shall suspend in whole or in part the certificate of
acceptance of such political subdivision and shall administer
the regulatory provisions of this subchapter II in whole or in
part within the political subdivision until the appropriate
standards are met. Upon receipt of evidence that necessary
corrective action has been taken, the director shall reinstate
the suspended certificate of acceptance, and the political
subdivision shall resume the administration of the local air
pollution control program within its jurisdiction. In cases
where the certificate of acceptance is suspended, the political
subdivision may appeal the suspension to the department of
inspections, and appeals, and licensing.
Sec. 2022. Section 455B.271, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Subject to appeal to the department of inspections, and
appeals, and licensing, a permit may be modified or canceled by
the director if any of the following occur:
Sec. 2023. Section 455B.390, subsection 1, Code 2023, is
amended to read as follows:
1. Hazardous conditions existing solely within and which
will probably continue to exist solely within commercial and
industrial plants, works, or shops under the jurisdiction of
chapters chapter 10A, subchapter II, and chapter 88 and 91.
Sec. 2024. Section 515B.5, subsection 2, paragraph h, Code
2023, is amended to read as follows:
h. Request that all future payments of workers’ compensation
weekly benefits, medical expenses, or other payments under
-1168- chapter 10A, subchapter III, chapter 85, 85A, 85B, 86, or 87
be commuted to a present lump sum and upon the payment of
which, either to the claimant or to a licensed insurer for
purchase of an annuity or other periodic payment plan for the
benefit of the claimant, the employer and the association shall
be discharged from all further liability for the workers’
compensation claim. Notwithstanding the provisions of
section 85.45, any future payment of medical expenses, weekly
compensation benefits, or other payment by the association
under this chapter pursuant to chapter 10A, subchapter III,
chapter 85, 85A, 85B, 86, or 87, is deemed an undue expense,
hardship, or inconvenience upon the employer for purposes of
a full commutation pursuant to section 85.45, subsection 1,
paragraph “b”, and the workers’ compensation commissioner shall
fix the lump sum of the probable future medical expenses and
weekly compensation benefits capitalized at their present value
upon the basis of interest at the rate provided in section
535.3 for court judgments and decrees.
Sec. 2025. Section 524.208, Code 2023, is amended to read
as follows:
524.208 Examiners and other employees.
The superintendent may appoint examiners and other
employees, including for the banking division’s internal
information technology group, as the superintendent deems
necessary to the proper discharge of the duties imposed upon
the superintendent by the laws of this state. Pay plans shall
be established for employees, other than clerical employees or
employees of the professional licensing and regulation bureau
of the banking division, who examine the accounts and affairs
of state banks and who examine the accounts and affairs of
other persons, subject to supervision and regulation by the
superintendent, which are substantially equivalent to those
paid by the federal deposit insurance corporation and other
federal supervisory agencies in this area of the United States.
Sec. 2026. Section 524.211, subsection 5, Code 2023, is
-1169-amended to read as follows:
5. An employee of the banking division, other than the
superintendent or a member of the state banking council or one
of the boards in the professional licensing and regulation
bureau of the division, shall not perform any services for, and
shall not be a shareholder, member, partner, owner, director,
officer, or employee of, any enterprise, person, or affiliate
subject to the regulatory purview of the banking division.
Sec. 2027. Section 542B.22, Code 2023, is amended to read
as follows:
542B.22 Procedure.
Proceedings for any action under section 542B.21 shall be
begun by filing with the board written charges against the
accused. Upon the filing of charges the board may request
the department of inspections, and appeals, and licensing to
conduct an investigation into the charges. The department
of inspections, and appeals, and licensing shall report its
findings to the board, and the board shall designate a time
and place for a hearing, and shall notify the accused of this
action and furnish the accused a copy of all charges at least
thirty days prior to the date of the hearing. The accused has
the right to appear personally or by counsel, to cross-examine
witnesses, and to produce witnesses in defense.
Sec. 2028. Section 543C.4, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The commission may request the department of
inspections, and appeals, and licensing to conduct an
investigation and inspection to be made of any subdivided land
proposed to be offered for sale or lease in this state pursuant
to this chapter. The department of inspections, and appeals,
and licensing shall make a report of its findings.
2. If an inspection is to be made of subdivided land
situated outside of this state and offered for sale in this
state, the inspection as authorized by subsection 1 shall
be made by the department of inspections, and appeals,
-1170-and licensing at the expense of the subdivider. After the
application required by section 543C.2 is filed and after
the filing fee required by section 543C.8 is received, the
commission may decide whether an inspection pursuant to this
subsection is to be made. If the commission requires an
inspection, the department of inspections, and appeals, and
licensing shall so notify the subdivider and the subdivider
shall remit to the department an amount equivalent to the
round trip cost of travel from this state to the location
of the project, as estimated by the department and a further
amount estimated to be necessary to cover the additional
expenses of inspection but not to exceed fifty dollars a day
for each day incurred in the inspection. The costs of any
subsequent inspections deemed necessary shall be paid for by
the subdivider. At the completion of an inspection trip the
department shall furnish the subdivider a statement as to the
costs of the inspection trip, and if the costs are less than
the amount advanced by the subdivider to the department, the
remaining balance shall be refunded to the subdivider.
Sec. 2029. Section 544B.16, Code 2023, is amended to read
as follows:
544B.16 Complaints — procedure.
A person may file a complaint with the board against a
professional landscape architect or the board may initiate
a complaint. Unless the complaint is dismissed by the
board as unfounded or trivial, the board may request the
department of inspections, and appeals, and licensing to
conduct an investigation into the complaint. The department
of inspections, and appeals, and licensing shall report its
findings to the board, and the board shall hold a hearing
within sixty days after the date on which the complaint is
filed. The board shall fix the time and place for such hearing
and shall cause a copy of the complaint, together with a notice
of the time and place fixed for the hearing, to be served on
the accused at least thirty days before the date fixed for the
-1171-hearing. Where personal service cannot be effected, service
may be effected by publication. At such hearing, the accused
shall have the right to appear personally or by counsel, to
cross-examine witnesses against the accused, and to produce
evidence and witnesses in defense. After the hearing, the
board may suspend or revoke the certificate of licensure. The
board may restore the certificate of licensure to any person
whose certificate of licensure has been revoked. Application
for the restoration of a certificate of licensure shall be made
in such manner, form, and content as the board may prescribe.
Sec. 2030. Section 546.2, subsection 6, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Each division is responsible for policymaking and
enforcement duties assigned to the division under the law.
Except as provided in section 546.10, subsection 3:
Sec. 2031. Section 546.3, subsection 1, Code 2023, is
amended to read as follows:
1. The banking division shall regulate and supervise banks
under chapter 524, debt management licensees under chapter
533A, money services under chapter 533C, delayed deposit
services under chapter 533D, mortgage bankers and brokers
under chapter 535B, regulated loan companies under chapter
536, and industrial loan companies under chapter 536A, real
estate appraisers under chapter 543D, and appraisal management
companies under chapter 543E, and shall perform other duties
assigned to the division by law. The division is headed by the
superintendent of banking who is appointed pursuant to section
524.201. The state banking council shall render advice within
the division when requested by the superintendent.
Sec. 2032. Section 600.2, subsection 2, Code 2023, is
amended to read as follows:
2. “Investigator” means a natural person who is certified or
approved by the department of human services, after inspection
by the department of inspections, and appeals, and licensing,
as being capable of conducting an investigation under section
-1172-600.8.
Sec. 2033. Section 600A.2, subsection 5, Code 2023, is
amended to read as follows:
5. “Certified adoption investigator” means a person who is
certified and approved by the department of human services,
after inspection by the department of inspections, and appeals,
and licensing, as being capable of conducting an investigation
under section 600.8.
Sec. 2034. Section 626.29, Code 2023, is amended to read as
follows:
626.29 Distress warrant by director of revenue, director of
inspections, and appeals, and licensing, or director of workforce
development.
In the service of a distress warrant issued by the director
of revenue for the collection of taxes administered by or debts
to be collected by the department of revenue, in the service of
a distress warrant issued by the director of inspections, and
appeals, and licensing for the collection of overpayment debts
owed to the department of human services, or in the service of
a distress warrant issued by the director of the department of
workforce development for the collection of employment security
contributions, the property of the taxpayer or the employer in
the possession of another, or debts due the taxpayer or the
employer, may be reached by garnishment.
Sec. 2035. Section 626.30, Code 2023, is amended to read as
follows:
626.30 Expiration or return of distress warrant.
Proceedings by garnishment under a distress warrant issued
by the director of revenue or the director of inspections, and
appeals, and licensing shall not be affected by the expiration
or return of the warrant.
Sec. 2036. Section 626.31, Code 2023, is amended to read as
follows:
626.31 Return of garnishment — action docketed — distress
action.
-1173- Where parties have been garnished under a distress
warrant issued by the director of revenue or the director of
inspections, and appeals, and licensing, the officer shall make
return thereof to the court in the county where the garnishee
lives, if the garnishee lives in Iowa, otherwise in the county
where the taxpayer resides, if the taxpayer lives in Iowa;
and if neither the garnishee nor the taxpayer lives in Iowa,
then to the district court in Polk county, Iowa; the officer
shall make return in the same manner as a return is made on
a garnishment made under a writ of execution so far as they
relate to garnishments, and the clerk of the district court
shall docket an action thereon without fee the same as if a
judgment had been recovered against the taxpayer in the county
where the return is made, an execution issued thereon, and
garnishment made thereunder, and thereafter the proceedings
shall conform to proceedings in garnishment under attachments
as nearly as may be. The warrant shall be considered in all
respects as a final judgment.
Sec. 2037. Section 626.76, Code 2023, is amended to read as
follows:
626.76 Labor commissioner Department of inspections, appeals,
and licensing director to represent.
The labor commissioner, appointed pursuant to section
91.2 director of the department of inspections, appeals,
and licensing, may, at the labor commissioner’s director’s
discretion, represent laborers or employees seeking payment for
labor or wage claims from the receiver, trustee, or assignee,
or the court, or the person charged with the property, in
accordance with and subject to the provisions of sections
626.69 and 626.71.
Sec. 2038. Section 724.21A, subsections 1 and 6, Code 2023,
are amended to read as follows:
1. In any case where the sheriff or the commissioner of
public safety denies an application for or suspends or revokes
a permit to carry weapons or a permit to acquire pistols
-1174-or revolvers, the sheriff or commissioner shall provide a
written statement of the reasons for the denial, suspension, or
revocation and the applicant or permit holder shall have the
right to appeal the denial, suspension, or revocation to an
administrative law judge in the department of inspections, and
appeals, and licensing within thirty days of receiving written
notice of the denial, suspension, or revocation.
6. The department of inspections, and appeals, and
licensing shall adopt rules pursuant to chapter 17A as
necessary to carry out the provisions of this section.
Sec. 2039. Section 729.6, subsection 9, paragraph a, Code
2023, is amended to read as follows:
a. Investigating a workers’ compensation claim under chapter
10A, subchapter III, and chapters 85, 85A, and 85B, and 86.
Sec. 2040. Section 815.11, subsection 1, Code 2023, is
amended to read as follows:
1. Costs incurred for legal representation by a
court-appointed attorney under chapter 229A, 665, 822, or 908,
or section 232.141, subsection 3, paragraph “d”, or section
598.23A, 600A.6B, 814.9, 814.10, 814.11, 815.4, 815.7, or
815.10 on behalf of an indigent shall be paid from moneys
appropriated by the general assembly to the office of the state
public defender in the department of inspections, and appeals,
and licensing and deposited in an account to be known as the
indigent defense fund, except as provided in subsection 2.
Costs incurred representing an indigent defendant in a contempt
action, representing an indigent juvenile in a juvenile court
proceeding, or representing a person pursuant to section 13B.13
are also payable from the fund. However, costs incurred in any
administrative proceeding or in any other proceeding under this
chapter or chapter 598, 600, 600A, 633, 633A, 814, or 915 or
other provisions of the Code or administrative rules are not
payable from the fund.
Sec. 2041. Section 915.83, subsection 4, Code 2023, is
amended to read as follows:
-1175- 4. Request from the department of human services, the
department of workforce development and its, the division
of workers’ compensation of the department of inspections,
appeals, and licensing, the department of public safety, the
county sheriff departments, the municipal police departments,
the county attorneys, or other public authorities or agencies
reasonable assistance or data necessary to administer the crime
victim compensation program.
Sec. 2042. 2020 Iowa Acts, chapter 1064, section 16,
subsection 4, is amended to read as follows:
4. Priority. In the case of multiple claims to payments
filed under this section, priority shall be given to claims
filed by the child support recovery unit or the foster care
recovery unit, next priority shall be given to claims filed
by the clerk of the district court, next priority shall be
given to claims filed by the investigations division of the
department of inspections, and appeals, and licensing relating
to investigations by the department, next priority shall be
given to claims that will be deposited into the state general
fund, and last priority shall be given to claims filed by other
public agencies. In the case of multiple claims in which the
priority is not otherwise provided by this subsection, priority
shall be determined in accordance with rules to be established
by the department.
Sec. 2043. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 92.1 to section 92.1A.
b. Section 92.1B to section 92.1.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2044. CONTINGENT EFFECTIVE DATE. The following takes
effect on the effective date of the rules adopted by the
department of revenue pursuant to chapter 17A implementing 2020
-1176-Iowa Acts, chapter 1064, other than transitional rules:
The section of this division of this Act amending 2020 Iowa
Acts, chapter 1064.
DIVISION IV
DEPARTMENT OF JUSTICE
Sec. 2045. Section 6B.18, subsection 3, Code 2023, is
amended to read as follows:
3. In case of condemnation proceedings instituted by the
state department of transportation, when the owner appeals from
the assessment made, such notice of appeal shall be served upon
the attorney general, or the department general counsel to
the state department of transportation, or the chief highway
engineer for the department.
Sec. 2046. Section 8A.412, subsection 11, Code 2023, is
amended to read as follows:
11. Professional employees under the supervision of the
attorney general, the state public defender, the secretary
of state, the auditor of state, the treasurer of state, and
the public employment relations board. However, employees of
the consumer advocate division of the department of justice,
other than the consumer advocate, and administrative law judges
appointed or employed by the public employment relations board
are subject to the merit system.
Sec. 2047. Section 13.2, subsection 1, paragraphs b and o,
Code 2023, are amended to read as follows:
b. Prosecute and defend in any other court or tribunal,
all actions and proceedings, civil or criminal, in which the
state may be a party or interested, when, in the attorney
general’s judgment, the interest of the state requires such
action, or when requested to do so by the governor, executive
council, or general assembly. The attorney general may
prosecute a criminal proceeding on behalf of the state even if
a county attorney does not request the attorney general to act
as a county attorney in a proceeding under section 331.754,
subsection 7.
-1177- o. Submit a report by January 15 of each year to the
co-chairpersons and ranking members of the joint appropriations
subcommittee on the justice system, to the executive council,
and to the legislative services agency detailing the amount of
annual money receipts generated by each settlement or judgment
in excess of two hundred fifty thousand dollars collected
pursuant to legal proceedings under chapters 455B, 553, and 714
all money settlement awards and court money awards that were
awarded to the state of Iowa. The report shall include the
name of the civil or criminal case involved, the specify the
parties to each settlement or court proceeding, any court of
jurisdiction, the settlement amount, the state’s share of the
settlement amount, the name of the fund in which the receipts
were deposited, and the planned use of the moneys.
Sec. 2048. Section 13.4, Code 2023, is amended to read as
follows:
13.4 Assistant and deputy attorneys general.
The attorney general may appoint a first assistant chief
deputy attorney general and such other deputy and assistant
attorneys general as may be authorized by law, who shall devote
their entire time to the duties of their positions. The deputy
and assistant attorneys general shall, subject to the direction
of the attorney general, have the same power and authority as
the attorney general.
Sec. 2049. Section 13.6, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
13.6 Agency reimbursement for legal services.
The attorney general may charge departments, agencies, and
other state governmental entities for the cost of performing
legal services for the department, agency, or governmental
entity. Upon request of the attorney general, a department
or agency shall provide and equip a suitable office for an
assistant attorney general or other staff providing legal
services exclusively for that department or agency.
Sec. 2050. Section 13.7, subsection 1, Code 2023, is amended
-1178-to read as follows:
1. Compensation shall not be allowed to any person for
services as an attorney or counselor to an executive department
of the state government, or the head of an executive department
of state government, or to a state board or commission A
department, agency, or other state governmental entity shall
not contract for legal services to be provided by a private
attorney unless authorized by the executive council under
this section or section 13.3. However, the The executive
council may authorize employment of legal assistance, at a
reasonable compensation, in a pending action or proceeding to
protect the interests of the state, but only upon a sufficient
showing, in writing, made by the attorney general, that the
department of justice cannot for reasons stated by the attorney
general perform the service. The reasons and action of the
executive council shall be entered upon its records. If the
attorney general determines that the department of justice
cannot perform legal service in an action or proceeding,
the executive council shall request the department involved
in the action or proceeding to recommend legal counsel to
represent the department. If the attorney general concurs with
the department that the person recommended is qualified and
suitable to represent the department, the person recommended
shall be employed. If the attorney general does not concur
in the recommendation, the department shall submit a new
recommendation. This subsection does not affect the general
counsel for the utilities board of the department of commerce,
the legal counsel of the department of workforce development,
or the general counsel for the property assessment appeal
board.
Sec. 2051. Section 13.9, Code 2023, is amended to read as
follows:
13.9 Salary.
The salary of the attorney general shall be as fixed by
the general assembly, and the salaries of the first assistant
-1179- chief deputy attorney general and other deputy and assistant
attorneys general shall be such as may be fixed by law.
Sec. 2052. Section 13.11, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
13.11 Exclusive criminal jurisdiction over election crimes.
Notwithstanding any provision of law to the contrary, the
attorney general shall have exclusive jurisdiction to prosecute
all criminal proceedings under chapter 39A.
Sec. 2053. Section 20.4, subsection 9, Code 2023, is amended
to read as follows:
9. Persons employed by the state department of justice,
except nonsupervisory employees of the consumer advocate
division who are employed primarily for the purpose of
performing technical analysis of nonlegal issues.
Sec. 2054. Section 25.1, subsection 2, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The state appeal board shall make a record of the receipt
of claims received from the director of the department of
management, notify the special assistant attorney general for
claims, and deliver a copy to the state official or agency
against whom the claim is made, if any.
Sec. 2055. Section 25.1, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The official or agency shall report its recommendations
concerning the claim to the special assistant attorney general
for claims who, with a view to determining the merits and
legality of the claim, shall investigate the claim and report
the findings and conclusions of the investigation to the state
appeal board.
Sec. 2056. Section 25.2, subsection 1, unnumbered paragraph
1, Code 2023, is amended to read as follows:
The state appeal board with the recommendation of the
special assistant attorney general for claims may approve
or reject claims against the state of less than five years
involving the following:
-1180- Sec. 2057. Section 25.3, Code 2023, is amended to read as
follows:
25.3 Filing with general assembly — testimony.
On the second day after the convening of each regular
session of the general assembly, the state appeal board shall
file with the clerk of the house of representatives and the
secretary of the senate a list of all claims rejected by the
state appeal board together with a copy of the report made
to it by the special assistant attorney general for claims
and its recommendation thereon for each claim, which report
and recommendation shall be delivered to the claims committee
of the house and senate. Any testimony taken by the special
assistant attorney general for claims shall be preserved by the
state appeal board and made available to the claims committee
of the general assembly.
Sec. 2058. Section 25.4, Code 2023, is amended to read as
follows:
25.4 Assistant attorney Attorney general — salary.
The attorney general shall appoint a special assistant
attorney general for claims who shall, under the direction of
the attorney general, investigate and report on all claims
between the state and other parties, which may be referred to
the state appeal board, and on any other claims or matters
which the state appeal board or the attorney general may
direct.
Sec. 2059. Section 25.5, Code 2023, is amended to read as
follows:
25.5 Testimony — filing with board.
The special assistant attorney general for claims shall
fully investigate each claim and the facts upon which same
is based and may take testimony in the form of affidavits or
otherwise, and in connection therewith shall ex officio be
empowered to administer oaths, to compel the attendance of
witnesses and certify to any district court for contempt. All
testimony, affidavits, and other papers in connection with
-1181-a claim, obtained by the special assistant attorney general
for claims in making an investigation shall be filed with the
report to the state appeal board.
Sec. 2060. Section 25.6, Code 2023, is amended to read as
follows:
25.6 Claims by state against municipalities.
The state appeal board may investigate and collect claims
which the state has against municipal or political corporations
in the state including counties, cities, townships, and school
corporations. The board shall refer any such claim to the
special assistant attorney general for claims, when the claim
has not been promptly paid, and if the special assistant
attorney general for claims is not able to collect the full
amount of the claim, the special assistant attorney general
shall fully investigate and report to the state appeal board
findings of fact and conclusions of law, together with any
recommendation as to the claim. Thereafter the state appeal
board may effect a compromise settlement with the debtor in an
amount and under terms as the board deems just and equitable
in view of the findings and conclusions reported to it. If
the state appeal board is unable to collect a claim in full
or effect what it has determined to be a fair compromise, it
shall deliver the claim to the attorney general for action
as the attorney general shall determine and the special
assistant attorney general for claims is specifically charged
with carrying out the directions of the attorney general with
reference to the claim. When a claim is compromised by the
state appeal board, the board shall file with the department
of management and the department of administrative services a
statement as to the settlement, together with a true copy of
the agreement of settlement, and if in settlement an amount
less than the face amount is accepted in full, the proper
entries shall be made in the books of the department of
management, the department of administrative services, and the
auditor of state showing the amount of the claim, the amount of
-1182-the settlement, and the amount charged off.
Sec. 2061. Section 39A.6, subsection 4, Code 2023, is
amended to read as follows:
4. Upon issuing a technical infraction, the state
commissioner shall immediately inform the attorney general and
relevant county attorney if the apparent violation constitutes
or may constitute election misconduct under this chapter.
Sec. 2062. Section 39A.7, Code 2023, is amended to read as
follows:
39A.7 Election misconduct — investigation.
1. The attorney general or county attorney shall
investigate allegations of election misconduct reported to the
attorney general or county attorney. Election misconduct by an
election official shall also be investigated for prosecution
under chapter 721.
2. Upon the completion of an investigation required by this
section, the attorney general or county attorney shall submit
the results of the investigation to the state commissioner and
explain whether the attorney general or county attorney will
pursue charges.
Sec. 2063. Section 48A.41, subsection 2, Code 2023, is
amended to read as follows:
2. If in the course of an audit under this section the state
registrar of voters finds that a commissioner of registration
has failed to perform required voter list maintenance,
the state registrar of voters shall submit the audit to
the relevant county attorney and attorney general within
twenty-four hours for investigation of a violation of section
39A.3, subsection 1, paragraph “b”, subparagraph (9), or other
provision of law.
Sec. 2064. Section 80.1, Code 2023, is amended to read as
follows:
80.1 Department created.
There is hereby created a department of the state government
which shall be known and designated as the department of public
-1183-safety, which shall consist of a commissioner of public safety
and of such officers and employees as may be required, one of
whom shall be an attorney admitted to practice law in this
state. Such attorney shall be an assistant attorney general
appointed by the attorney general who shall fix the assistant’s
salary. The department shall reimburse the attorney general
for the salary and expense of such assistant attorney general
and furnish the assistant a suitable office if requested by the
attorney general.
Sec. 2065. Section 307.23, Code 2023, is amended to read as
follows:
307.23 General Legal counsel.
1. The general counsel shall be a special assistant attorney
general appointed by the attorney general who shall act as the
attorney for the department. The general counsel shall have
the following duties and responsibilities It shall be the duty
of the attorney general to do all of the following:
a. Act as legal advisor to the department, commission, and
the director.
b. Provide all legal services for the department.
2. The attorney general shall appoint additional assistant
attorneys general as the director deems necessary to carry
out the these duties assigned to the office of the general
counsel. The salary of the general counsel shall be fixed by
the director, subject to the approval of the attorney general.
The director shall provide and furnish a suitable office for
the general counsel upon request of the attorney general.
Sec. 2066. Section 327C.30, Code 2023, is amended to read
as follows:
327C.30 Duty of department, general counsel attorney general,
and county attorney.
When any proceeding has been instituted under sections
327C.28 and 327C.29, the department attorney general counsel
shall prosecute the same, and the county attorney of the
county in which such proceeding is pending shall render such
-1184-assistance as the department attorney general counsel may
require.
Sec. 2067. Section 331.756, subsection 49, Code 2023, is
amended to read as follows:
49. Assist, upon request, the department of
transportation’s attorney general counsel in the prosecution of
violations of common carrier laws and regulations as provided
in section 327C.30.
Sec. 2068. Section 475A.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Appointment. The attorney general shall appoint a
competent attorney to the office of consumer advocate, who
shall serve at the pleasure of the attorney general, subject to
confirmation by the senate, no less frequently than once every
four years, in accordance with section 2.32. The consumer
advocate is the chief administrator of the consumer advocate
division of the department of justice. The advocate’s term of
office is for four years. The term begins and ends in the same
manner as set forth in section 69.19.
2. Vacancy. If a vacancy occurs in the office of consumer
advocate, the vacancy shall be filled for the unexpired term in
the same manner as an original appointment under the procedures
of section 2.32.
Sec. 2069. Section 475A.1, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2070. Section 475A.2, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. Act as attorney for and represent Represent the interests
of all consumers generally and the public generally in all
proceedings before the utilities board.
5. Act as attorney for and represent Represent the
interests of all consumers generally and the public generally
in proceedings before federal and state agencies and related
judicial review proceedings and appeals, at the discretion of
the consumer advocate.
-1185- Sec. 2071. Section 475A.3, subsection 2, Code 2023, is
amended to read as follows:
2. Employees. The consumer advocate attorney general
may employ attorneys, legal assistants, secretaries, clerks,
and other employees the consumer advocate finds necessary
for the full and efficient discharge of the duties and
responsibilities of the office consumer advocate division. The
consumer advocate may employ consultants as expert witnesses
or technical advisors pursuant to contract as the consumer
advocate finds necessary for the full and efficient discharge
of the duties of the office. Employees of the consumer
advocate division, other than the consumer advocate, are
subject to merit employment, except as provided in section
8A.412.
Sec. 2072. REPEAL. Section 13.5, Code 2023, is repealed.
Sec. 2073. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
DIVISION V
ECONOMIC DEVELOPMENT AUTHORITY
cultural affairs
Sec. 2074. Section 7E.5, subsection 1, paragraph g, Code
2023, is amended to read as follows:
g. The economic development authority, created in section
15.105, which has responsibility for ensuring that the
economic development policies of the state are effectively and
efficiently carried out, and for managing the state’s interest
in the areas of the arts, history, and other cultural matters.
Sec. 2075. Section 7E.5, subsection 1, paragraph l, Code
2023, is amended by striking the paragraph.
Sec. 2076. Section 8A.412, subsection 14, Code 2023, is
amended by striking the subsection.
Sec. 2077. Section 15.108, subsection 5, paragraph c, Code
2023, is amended to read as follows:
c. Coordinate and develop with the department of
transportation, the department of natural resources, the
-1186-department of cultural affairs, the enhance Iowa board,
other state agencies, and local and regional entities public
interpretation, marketing, and education programs that
encourage Iowans and out-of-state visitors to participate in
the recreational and leisure opportunities available in Iowa.
The authority shall establish and administer a program that
helps connect both Iowa residents and residents of other states
to new and existing Iowa experiences as a means to enhance the
economic, social, and cultural well-being of the state. The
program shall include a broad range of new opportunities, both
rural and urban, including main street destinations, green
space initiatives, and artistic and cultural attractions.
Sec. 2078. Section 15.108, subsection 5, paragraph l, Code
2023, is amended by striking the paragraph.
Sec. 2079. Section 15.108, subsection 9, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
9. Cultural affairs. To develop the state’s interest in
the areas of the arts, history, and other cultural matters. To
carry out this responsibility, the authority shall:
a. Accept, receive, and administer grants or other funds or
gifts from public or private agencies, including the federal
government, for the authority.
b. Administer the Iowa cultural trust, as advised and
assisted by the Iowa arts council, as provided in chapter 303A,
and do all of the following:
(1) Develop and adopt by rule criteria for the issuance
of trust fund credits by measuring the efforts of qualified
organizations to increase their endowment or other resources
for the promotion of the arts, history, or the sciences and
humanities in Iowa. For purposes of this paragraph, “qualified
organization” means a tax-exempt, nonprofit organization
whose primary mission is to promote the arts, history, or the
sciences and humanities in Iowa. If the authority determines
that a qualified organization has increased the amount of the
-1187-qualified organization’s endowment and other resources, the
authority shall certify the amount of increase in the form of
trust fund credits to the treasurer, who shall deposit in the
Iowa cultural trust fund, from moneys received for purposes
of the trust fund as provided in section 303A.4, subsection
2, an amount equal to the trust fund credits. If the amount
of the trust fund credits issued by the authority exceeds the
amount of moneys available to be deposited in the trust fund as
provided in section 303A.4, subsection 2, the outstanding trust
fund credits shall not expire but shall be available to draw
down additional moneys which become available to be deposited
in the trust fund as provided in section 303A.4, subsection 2.
(2) Develop and implement, in accordance with subchapter
II, part 30, a grant application process for grants issued to
qualified organizations.
(3) Develop and adopt by rule criteria for the approval of
Iowa cultural trust grants. The criteria shall include but
shall not be limited to the future stability and sustainability
of a qualified organization.
(4) Compile, in consultation with the Iowa arts council,
a list of grant applications recommended for funding in
accordance with the amount available for distribution as
provided in section 303A.6, subsection 3. The list of
recommended grant applications shall be submitted to the Iowa
cultural trust board of trustees for approval.
(5) Monitor the allocation and use of grant moneys by all
qualified organizations to determine whether moneys are used
in accordance with the provisions of this paragraph “b” and
subchapter II, part 30.The authority shall annually submit
a report with the authority’s findings and recommendations to
the Iowa cultural trust board of trustees prior to final board
action in approving grants for the next succeeding fiscal year.
c. Design a comprehensive, statewide, long-range plan with
the assistance of the Iowa arts council to develop the arts
in Iowa. The authority is designated as the state agency for
-1188-carrying out the plan.
d. By rule, establish advisory groups as necessary for the
receipt of federal funds or grants or the administration of any
of the authority’s programs.
e. Develop and implement fee-based educational programming
opportunities, including preschool programs, related to arts,
history, and other cultural matters for Iowans of all ages.
f. Conduct surveys of existing art and cultural programs
and activities within the state, including but not limited to
music, theater, dance, painting, sculpture, architecture, and
allied arts and crafts. The authority shall submit a report
on the survey to the governor and to the general assembly no
later than ten calendar days after the commencement of each
first session of the general assembly recommending appropriate
legislation or other action as the authority deem appropriate.
g. Establish and administer a film office. The purpose
of the film office is to assist legitimate film, television,
and video producers in the production of film, television, and
video projects in the state, and to increase the fiscal impact
on the state’s economy of film, television, and video projects
produced in the state.
Sec. 2080. Section 15.108, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 12. Miscellaneous. To provide other
necessary services, the authority shall do all of the
following:
a. Collect and assemble, or cause to have collected and
assembled, all pertinent information available regarding the
industrial, agricultural, and public and private recreation
and tourism opportunities and possibilities of the state
of Iowa, including raw materials and products that may be
produced from the raw materials; power and water resources;
transportation facilities; available markets; the banking and
financing facilities; the availability of industrial sites; the
advantages of the state as a whole, and particular sections
-1189-of the state, as industrial locations; the development of a
grain alcohol motor fuel industry and its related products;
and other fields of research and study as the board deems
necessary. This information shall consider the encouragement
of new industrial enterprises in the state and the expansion
of industries now existing within the state, and allied fields
to those industries. The information shall also consider the
changing composition of the Iowa family, the level of poverty
among different age groups, and different family structures in
Iowa society and their impact on Iowa families.
b. Apply for, receive, contract for, and expend federal
funds and grants, and funds and grants from other sources.
c. Except as otherwise provided in sections 8A.110, 260C.14,
and 262.9, provide that an inventor whose research is funded
in whole or in part by the state shall assign to the state a
proportionate part of the inventor’s rights to a letter patent
resulting from that research. The state’s portion of the
royalties or earnings derived from a letter patent shall be
paid to the treasurer of state and credited by the treasurer to
the general fund of the state. The authority, in conjunction
with other state agencies including the board of regents,
shall provide incentives to inventors whose research is funded
in whole or in part by the state to encourage the inventors
to have the invented products produced in the state. The
incentives may include the state receiving a smaller portion of
the inventor’s royalties or earnings than would otherwise occur
under this paragraph or other provisions of law.
d. Administer or oversee federal rural economic development
programs in the state.
e. At the director’s discretion, accept payment by
credit card of any fees, interest, penalties, subscriptions,
registrations, purchases, or other payments, or any portion of
such payments, which are due or collected by the authority.
The authority may adjust the amount of the payment to reflect
the costs of processing the payment as determined by the
-1190-treasurer of state. Payment by credit card shall include, in
addition to all other charges, any discount charged by the
credit card issuer.
f. Provide technical assistance to individuals who
are pursuing the purchase and operation of employee-owned
businesses.
g. Administer the Iowa energy center established in section
15.120. This paragraph “g” is repealed July 1, 2027.
h. Administer the partner state program created in section
15.421.
Sec. 2081. Section 15.274, Code 2023, is amended to read as
follows:
15.274 Promotional program for national historic landmarks
and cultural and entertainment districts.
The economic development authority, in cooperation with
the state department of transportation and the department of
cultural affairs, shall establish and administer a program
designed to promote knowledge of and access to buildings,
sites, districts, structures, and objects located in this state
that have been designated by the secretary of the interior
of the United States as a national historic landmark, unless
the national historic landmark is protected under section
22.7, subsection 20, and certified cultural and entertainment
districts, as established pursuant to section 303.3B. The
program shall be designed to maximize the visibility and
visitation of national historic landmarks in this state and
buildings, sites, structures, and objects located in certified
cultural and entertainment districts, as established pursuant
to section 303.3B. Methods used to maximize the visibility and
visitation of such locations may include the use of tourism
literature, signage on highways, maps of the state and cities,
and internet sites. For purposes of this section, “highway”
means the same as defined in section 325A.1.
Sec. 2082. Section 99F.11, subsection 4, paragraph d,
subparagraph (1), Code 2023, is amended to read as follows:
-1191- (1) Five hundred twenty thousand dollars is appropriated
each fiscal year to the department of cultural affairs economic
development authority with one-half of the moneys allocated for
operational support grants and the remaining one-half allocated
for the community cultural grants program established under
section 303.3.
Sec. 2083. Section 103A.45, subsection 4, Code 2023, is
amended to read as follows:
4. Consult with state agencies, including the state
fire marshal department of inspections, appeals, and
licensing and the department of cultural affairs economic
development authority, governmental subdivisions, architects,
engineers, and others who have knowledge of or interest in the
rehabilitation, preservation, restoration, and relocation of
historic buildings, with respect to matters relating to the
state historic building code.
Sec. 2084. Section 303.3, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The department authority shall establish a grant program
for cities and nonprofit, tax-exempt community organizations
for the development of community programs that provide local
jobs for Iowa residents and also promote Iowa’s historic,
ethnic, and cultural heritages through the development
of festivals, music, drama, cultural programs, or tourist
attractions. A city or nonprofit, tax-exempt community
organization may submit an application to the department
authority for review. The department authority shall establish
criteria for the review and approval of grant applications.
The amount of a grant shall not exceed fifty percent of
the cost of the community program. Each application shall
include information demonstrating that the city or nonprofit,
tax-exempt community organization will provide matching funds
of fifty percent of the cost of the program. The matching
funds requirement may be met by substituting in-kind services,
based on the value of the services, for actual dollars.
-1192- 2. The department authority shall establish a grant program
which provides general operating budget support to major,
multidisciplined multidisciplinary cultural organizations
which that demonstrate cultural and managerial excellence
on a continuing basis to the citizens of Iowa. Applicant
organizations must be incorporated under chapter 504, be exempt
from federal taxation, and not be attached or affiliated with
an educational institution. Eligible organizations shall
be operated on a year-round basis and employ at least one
full-time, paid professional staff member. The department
authority shall establish criteria for review and approval
of grant applications. Criteria established shall include,
but are not limited to, a matching funds requirement. The
matching funds requirement shall permit an applicant to meet
the matching requirement by demonstrating that the applicant’s
budget contains funds, other than state and federal funds, in
excess of the grant award.
Sec. 2085. Section 303.3A, subsection 1, paragraph c, Code
2023, is amended by striking the paragraph.
Sec. 2086. Section 303.3A, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The department authority shall administer regional
conferences and a statewide caucus on arts and cultural
enhancement. The purpose of the conferences and caucus is to
encourage the development of the arts and culture in the state
by in all of the following ways:
a. Byidentifying opportunities for programs involving
education, outreach, and enhancement; by.
b. Byreviewing possible changes in enhancement program
policies, programs, and funding; and by.
c. Bymaking recommendations to the department authority
regarding funding allocations and priorities for arts and
cultural enhancement.
3. a. Every four years beginning in June 2001 2025, the
department authority shall convene a statewide caucus on arts
-1193-and cultural enhancement.
a. b. Prior to the statewide caucus, the department
authority shall make arrangements to hold a conference in each
of several regions of the state as determined by the Iowa arts
council. The department authority shall promote attendance
of interested persons at each conference. A designee of
the department shall serve as temporary chairperson until
persons attending the conference elect a chairperson. The
department authority shall provide persons attending the
conference with current information regarding cultural programs
and expenditures. Persons attending the conference shall
identify opportunities for programs in the areas of education,
outreach, and enhancement, and make recommendations in the
form of a resolution. The persons attending the conference
shall elect six persons from among the attendees to serve
as regional, voting delegates to the statewide caucus. The
conference attendees shall elect a chairperson from among the
six representatives. Other interested persons are encouraged
to attend the statewide caucus as nonvoting attendees.
b. c. The department authority shall charge a reasonable
fee for attendance at the statewide caucus on arts and cultural
enhancement.
c. d. A designee of the department authority shall call the
statewide caucus to order and serve as temporary chairperson
until persons attending the caucus elect a chairperson.
Persons attending the caucus shall discuss the recommendations
of the regional conferences and decide upon recommendations to
be made to the department authority and the general assembly.
Elected chairpersons of the regional conferences shall meet
with representatives of the department authority and present
the recommendations of the caucus.
Sec. 2087. Section 303.3B, Code 2023, is amended to read as
follows:
303.3B Cultural and entertainment districts.
1. The department of cultural affairs authority shall
-1194-establish and administer a cultural and entertainment district
certification program. The program shall encourage the growth
of communities through the development of areas within a city
or county for public and private uses related to cultural and
entertainment purposes.
2. A city or county may create and designate a cultural
and entertainment district subject to certification
by the department of cultural affairs, in consultation
with the economic development authority. A cultural and
entertainment district is encouraged to include a unique form
of transportation within the district and for transportation
between the district and recreational trails. A cultural and
entertainment district certification shall remain in effect for
ten years following the date of certification. Two or more
cities or counties may apply jointly for certification of a
district that extends across a common boundary. Through the
adoption of administrative rules, the department of cultural
affairs authority shall develop a certification application
for use in the certification process. The provisions of this
subsection relating to the adoption of administrative rules
shall be construed narrowly.
3. The department of cultural affairs authority shall
encourage development projects and activities located in
certified cultural and entertainment districts through
incentives under cultural grant programs pursuant to section
303.3, chapter 303A part 30, and any other applicable grant
programs.
Sec. 2088. Section 303.3C, subsection 1, paragraphs a, d,
and f, Code 2023, are amended to read as follows:
a. The department of cultural affairs authority shall
establish and administer an Iowa great places program for
purposes of combining resources of state government in an
effort to showcase the unique and authentic qualities of
communities, regions, neighborhoods, and districts that
make such places exceptional places to work and live. The
-1195-department of cultural affairs authority shall provide
administrative assistance to the Iowa great places board. The
department of cultural affairs authority shall coordinate
the efforts of the Iowa great places board with the efforts
of state agencies participating in the program which shall
include, but not be limited to, the economic development
authority, the Iowa finance authority, the department of
human rights, the department of natural resources, the state
department of transportation, and the department of workforce
development.
d. The department of cultural affairs authority shall work
in cooperation with the vision Iowa and community attraction
and tourism programs enhance Iowa board for purposes of
maximizing and leveraging moneys appropriated to identified
Iowa great places.
f. The department of cultural affairs authority shall
account for any funds appropriated from the endowment for
Iowa’s health restricted capitals fund for an identified Iowa
great place.
Sec. 2089. Section 303.3C, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The Iowa great places board is established consisting of
twelve members. The board shall be located for administrative
purposes within the department of cultural affairs authority
and the director shall provide office space, staff assistance,
and necessary supplies and equipment for the board. The
director shall budget moneys to pay the compensation and
expenses of the board. In performing its functions, the board
is performing a public function on behalf of the state and is a
public instrumentality of the state.
Sec. 2090. Section 303.3D, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. An Iowa great places program fund is created under the
authority of the department of cultural affairs. The fund
shall consist of appropriations made to the fund and transfers
-1196-of interest, earnings, and moneys from other funds as provided
by law. Notwithstanding section 12C.7, subsection 2, interest
or earnings on investments or time deposits of the moneys in
the Iowa great places program fund shall be credited to the
Iowa great places program fund.
3. In awarding moneys the department of cultural affairs
authority shall give consideration to the particular needs of
each identified Iowa great place.
Sec. 2091. Section 303.3E, Code 2023, is amended to read as
follows:
303.3E Culture, history, and arts teams program.
1. The department of cultural affairs authority shall
establish and administer a statewide program facilitating the
promotion of culture, history, and arts in Iowa. The program’s
purpose shall be to encourage cooperation and collaboration
among the various state and local organizations working in
these areas to improve Iowa’s quality of life.
2. The department authority shall implement the program
by working with the local organizations to establish local
committees. Each committee shall:
a. Include representatives from local organizations
dedicated to promoting culture, history, and arts.
b. Gather and disseminate information on the cultural,
historical, and arts opportunities in the regions.
c. Enhance communication among the local organizations.
d. Assist the staff members of local organizations in
obtaining technical and professional training.
3. The department authority shall assist local
organizations in the delivery of technical services,
professional training, and programming opportunities by working
with these committees.
Sec. 2092. Section 303.20, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this subchapter of this chapter part, unless the
context otherwise requires:
-1197- Sec. 2093. Section 303.20, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. “Commission” is the five-person body, elected by the
registered voters in the historical preservation district from
persons living in the district for the purpose of administering
this subchapter of this chapter part.
3. “District” means a historical preservation district
established under this subchapter of this chapter part.
Sec. 2094. Section 303.20, subsection 4, Code 2023, is
amended by striking the subsection.
Sec. 2095. Section 303.21, Code 2023, is amended to read as
follows:
303.21 Petition.
1. The eligible voters in an area of asserted historical
significance may petition the department authority for a
referendum for the establishment of a district.
2. The petition must be signed by not less than ten percent
of the eligible voters of in the area of asserted historical
significance and shall contain both a description of the
property suggested for inclusion in the district and the
reasons justifying the creation of the district.
Sec. 2096. Section 303.22, Code 2023, is amended to read as
follows:
303.22 Action by department the authority.
1. The department authority shall hold a hearing not less
than thirty days or and not more than sixty days after the
petition is received. The department authority shall publish
notice of the hearing, at a reasonable time before the hearing
is to take place, and shall post notice of the hearing in a
reasonable number of places within the suggested district. The
cost of notification shall be paid by the persons who petition
for the establishment of a district.
2. At the hearing the department authority shall hear
interested persons, accept written presentations, and shall
determine whether the suggested district is an area of
-1198-historical significance which may properly be established as a
historical preservation district pursuant to the provisions of
this subchapter of this chapter part. The department authority
may determine the boundaries which shall be established for the
district. The department authority shall not include property
which is not included in the suggested district unless the
owner of the property is given an opportunity to be heard.
3. The department, if it If the authority determines that
the suggested district meets the criteria for establishment
as a historical preservation district, the authority shall
indicate the owners of the property and residents included and
shall forward a list of owners and residents to the county
commissioner of elections.
4. If the department authority determines that the
suggested district does not meet the criteria for establishment
as a historical preservation district, it the authority shall
so notify the petitioners.
Sec. 2097. Section 303.23, Code 2023, is amended to read as
follows:
303.23 Referendum.
Within thirty days after the receipt of the list of owners
of property and residents within the suggested historical
preservation district, the department authority shall fix a
date not more than forty-five days from the receipt of the
petition seeking a referendum on the question of establishment
of a historical preservation district. The department
authority, after consultation with the county commissioner of
elections, shall specify the polling place within the suggested
district that will best serve the convenience of the voters
and shall appoint from residents of the proposed district
three judges and two clerks of election from residents of the
proposed district.
Sec. 2098. Section 303.24, Code 2023, is amended to read as
follows:
303.24 Notice.
-1199- The department authority, after consultation with the county
commissioner of elections, shall post notice of the referendum
in a reasonable number of places within the suggested district
a reasonable time before it the referendum is to take place.
The notice shall state the purpose of the referendum, a
description of the district, the date of the referendum, the
location of the polling place, and the hours when the polls
will be open and close.
Sec. 2099. Section 303.26, subsection 3, Code 2023, is
amended to read as follows:
3. Of the initial commission, the person receiving the
highest number of votes shall receive serve a five-year term of
office, the next highest shall serve a four-year term, the next
highest shall serve a three-year term, the next highest shall
serve a two-year term, and the fifth highest shall serve a
one-year term. Thereafter, an election shall be held annually
in the district to elect a member to a five-year term as each
term expires.
Sec. 2100. Section 303.29, Code 2023, is amended to read as
follows:
303.29 Use of structures.
No A change in the use of any structure or property within
a designated historical district shall not be permitted until
after an application for a certificate of appropriateness
has been submitted to, and been approved by the commission.
For purposes of this section “use” means the legal enjoyment
of property that consists in its employment, exercise, or
practice.
Sec. 2101. Section 303.32, Code 2023, is amended to read as
follows:
303.32 Ordinary maintenance and repair.
Nothing in this subchapter of this chapter This part shall
not be construed to prevent the ordinary maintenance or repair
of any exterior feature in a district which does not involve a
change in design, material or outer appearance, nor to prevent
-1200-the construction, reconstruction, alteration, restoration
or demolition of any such feature which is required by for
public safety because of reasons due to an unsafe or dangerous
condition.
Sec. 2102. Section 303.34, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. An area of historical significance shall be proposed by
the governing body of the city on its the governing body’s own
motion or upon the receipt by the governing body of a petition
signed by residents of the city. The city shall submit a
description of the proposed area of historical significance or
the petition describing the proposed area, if the proposed area
is a result of the receipt of a petition, to the historical
division which state historic preservation officer who shall
determine if the proposed area meets the criteria in subsection
2 and may make recommendations concerning the proposed area.
Any recommendations made by the division state historic
preservation officer shall be made available by the city to
the public for viewing during normal working hours at a city
government place of public access.
4. An area shall be designated an area of historical
significance upon enactment of an ordinance of by the city.
Before Prior to enactment of the ordinance or enactment of
an amendment to the ordinance is enacted, the governing body
of the city shall submit the ordinance or amendment to the
historical division state historic preservation officer for its
review and recommendations.
Sec. 2103. Section 303.87, Code 2023, is amended to read as
follows:
303.87 Duties of Iowa arts council.
The Iowa arts council shall:
1. Advise the director with respect to policies, programs,
and procedures for carrying out the administrator’s functions,
duties, or responsibilities.
2. Review review programs to be supported and make
-1201-recommendations on the programs to the director.
Sec. 2104. Section 303.88, Code 2023, is amended to read as
follows:
303.88 Administrator’s Authority’s powers and authority.
The arts division administrator may authority shall:
1. Make and sign any agreements and perform any acts which
are necessary, desirable, or proper to carry out the purpose of
the division.
2. Request and obtain assistance and data from any
department, division, board, bureau, commission, or agency of
the state.
3. Accept any federal funds granted, by Act of Congress or
by executive order, for all or any purposes of this subchapter
part, and receive and disburse as the official agent of the
state any funds made available by the national endowment for
the arts.
4. 2. Accept gifts, contributions, endowments, bequests,
or other moneys available for all or any of the purposes
of the division this part. Interest earned on the gifts,
contributions, endowments, bequests, or other moneys accepted
under this subsection part shall be credited to the fund or
funds to which the gifts, contributions, endowments, bequests,
or other moneys have been deposited, and is available for all
or any of the purposes of the division authority under this
part.
Sec. 2105. Section 303A.1, Code 2023, is amended to read as
follows:
303A.1 Short title.
This chapter part shall be known and may be cited as the
“Iowa Cultural Trust Act”.
Sec. 2106. Section 303A.3, unnumbered paragraph 1, Code
2023, is amended to read as follows:
For purposes of this chapter part, unless the context
otherwise requires:
Sec. 2107. Section 303A.3, subsections 2 and 3, Code 2023,
-1202-are amended by striking the subsections.
Sec. 2108. Section 303A.4, subsections 1, 2, and 4, Code
2023, are amended to read as follows:
1. The Iowa cultural trust is created as a public body
corporate organized for the purposes, with the powers, and
subject to the restrictions, set forth in this chapter part.
2. An Iowa cultural trust fund is created in the office
of the treasurer of state for the purpose of receiving moneys
appropriated by the general assembly and any other moneys
available to the trust fund due to the issuance of trust fund
credits by the director as provided in section 303.1A 15.108,
subsection 1 9, paragraph “f” “b”, subparagraph (1).
4. a. The treasurer of state shall act as custodian of
the fund, shall invest moneys in the trust fund, and shall
transfer the interest attributable to the investment of trust
fund moneys to the grant account created in section 303A.7.
The trust fund’s principal shall not be used or accessed by the
department or the board for any purpose.
b. Notwithstanding paragraph “a”, for each of the following
fiscal years, the treasurer of state shall transfer the
following amounts from the principal of the trust fund to the
grant account created in section 303A.7:
(1) For the fiscal year beginning July 1, 2013, and ending
June 30, 2014, fifty thousand dollars.
(2) For the fiscal year beginning July 1, 2014, and ending
June 30, 2015, fifty thousand dollars.
Sec. 2109. Section 303A.5, subsections 1 and 6, Code 2023,
are amended to read as follows:
1. A board of trustees of the Iowa cultural trust is
created. The general responsibility for the proper operation
of the trust is vested in the board of trustees, which shall
consist of thirteen members as follows:
a. Nine public members, five of whom shall be appointed
by the governor, subject to confirmation by the senate. The
majority leader of the senate, the minority leader of the
-1203-senate, the speaker of the house, and the minority leader of
the house of representatives shall each appoint one public
member. A public member of the board appointed in accordance
with this section shall not also serve concurrently as a member
of the state historical society board of trustees or the Iowa
state arts council.
b. Four ex officio, nonvoting members, consisting of the
treasurer of state or the treasurer’s designee, the director of
the department of cultural affairs authority or the director’s
designee, the chairperson of the state historical society
board of trustees elected pursuant to section 303.6, and the
chairperson of the Iowa arts council designated pursuant to
section 303.86.
6. The board shall be located for administrative purposes
within the department authority. The department authority,
subject to approval by the board, shall adopt administrative
rules pursuant to chapter 17A necessary to administer the
income derived from the Iowa cultural trust fund and to perform
specific powers and duties as provided in section 303A.6. The
director shall budget funds to pay the expenses of the board
and administer this chapter part.
Sec. 2110. Section 303A.6, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Enter into agreements with any qualified organization,
the state, or any federal or other state agency, or other
entity as required to administer this chapter part.
2. Approve or disapprove the grants recommended for
approval by the director, in consultation with the Iowa arts
council and the state historical society of Iowa, in accordance
with section 303.1A 15.108, subsection 1 9, paragraph “f”,
subparagraph (3) “b”. The board may delete remove any
recommendation from the list, but shall not add to or otherwise
amend the list of recommended grants.
Sec. 2111. Section 306D.2, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
-1204- The state department of transportation shall prepare a
statewide, long-range plan for the protection, enhancement,
and identification of highways and secondary roads which pass
through unusually scenic areas of the state as identified
in section 306D.1. The department of natural resources,
department of the economic development authority, and
department of cultural affairs, private organizations, county
conservation boards, city park and recreation departments,
and the federal agencies having jurisdiction over land in the
state shall be encouraged to assist in preparing the plan. The
plan shall be coordinated with the state’s open space plan
if a state open space plan has been approved by the general
assembly. The plan shall include, but is not limited to, the
following elements:
Sec. 2112. Section 321.252, subsection 3, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The tourist signing committee shall be made up of the
directors or their the directors’ designees of the departments
of agriculture and land stewardship, natural resources,
cultural affairs, and transportation, the director or the
director’s designee of the economic development authority, the
chairperson or the chairperson’s designee of the Iowa travel
council, and a member of the outdoor advertising association
of Iowa. The director or the director’s designee of the
economic development authority shall be the chairperson of the
committee.
Sec. 2113. Section 404A.1, subsection 3, Code 2023, is
amended by striking the subsection.
Sec. 2114. Section 404A.1, subsection 8, paragraph b, Code
2023, is amended to read as follows:
b. The property meets the physical criteria and standards
for rehabilitation established by the department authority by
rule. To the extent applicable, the physical standards and
criteria shall be consistent with the United States secretary
of the interior’s standards for rehabilitation.
-1205- Sec. 2115. Section 404A.3, subsection 1, paragraphs c and e,
Code 2023, are amended to read as follows:
c. The application shall include any information deemed
necessary by the authority, in consultation with the
department, to evaluate the eligibility under the program
of the applicant and the rehabilitation project, the amount
of projected qualified rehabilitation expenditures of a
rehabilitation project, and the amount and source of all
funding for a rehabilitation project. An applicant shall
have the burden of proof to demonstrate to the authority that
the applicant is an eligible taxpayer and the project is a
qualified rehabilitation project under the program.
e. (1) The authority may charge application and other fees
to eligible taxpayers who apply to participate in the program.
The amount of such fees shall be determined based on the costs
of to the authority and the department associated with of
administering the program.
(2) Fees collected by the authority pursuant to this
paragraph shall be deposited with the authority notwithstanding
section 303.9, subsection 1.
(3) A portion of the fees collected shall be directed by the
authority to the department.
Sec. 2116. Section 404A.3, subsection 3, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The rehabilitation work to be performed. An eligible
taxpayer shall perform the rehabilitation work consistent with
the United States secretary of the interior’s standards for
rehabilitation, as determined by the department authority.
Sec. 2117. Section 404A.3, subsection 4, paragraph c,
subparagraph (3), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) “Prohibited activity” means a breach or default under
the agreement with the department authority, the violation
of any warranty provided by the eligible taxpayer to the
department authority or the department of revenue, the claiming
-1206-of a tax credit issued under this chapter for expenditures that
are not qualified rehabilitation expenditures, the violation of
any requirements of this chapter or rules adopted pursuant to
this chapter, misrepresentation, fraud, or any other unlawful
act or omission.
Sec. 2118. Section 404A.4, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The amount of a tax credit that was available for
approval by the state historical preservation office of the
department of cultural affairs under section 404A.4, Code 2014,
in a fiscal year beginning on or after July 1, 2010, but before
July 1, 2014, that was required to be allocated to new projects
with final qualified rehabilitation costs of five hundred
thousand dollars or less, or seven hundred fifty thousand
dollars or less, as the case may be, and that was not finally
approved by the state historical preservation office, may be
awarded under section 404A.3 during the fiscal years beginning
on or after July 1, 2014, but before July 1, 2016.
Sec. 2119. Section 404A.6, Code 2023, is amended to read as
follows:
404A.6 Rules.
The authority, department, and the department of revenue
shall each adopt rules as necessary for the administration of
this chapter.
Sec. 2120. Section 427.16, subsection 15, Code 2023, is
amended to read as follows:
15. The department of cultural affairs economic development
authority shall adopt rules pursuant to chapter 17A to
administer this section.
Sec. 2121. Section 465A.2, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Prepare a statewide, long-range plan for the acquisition
and protection of significant open space lands throughout
the state as identified in section 465A.1. The department
-1207-of transportation, department of the economic development
authority, and department of cultural affairs, private
organizations, county conservation boards, city park and
recreation departments, and the federal agencies with lands in
the state shall be directly involved in preparing the plan.
The plan shall include, but is not limited to, the following
elements:
Sec. 2122. Section 465B.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The state department of transportation may enter
into contracts for the preparation of the trails plan. The
department shall involve the department of natural resources,
and the Iowa department of economic development, and the
department of cultural affairs authority in the preparation of
the plan. The recommendations and comments of organizations
representing different types of trail users and others with
interests in this program shall also be incorporated in the
preparation of the trails plan and shall be submitted with the
plan to the general assembly. The plan shall be submitted to
the general assembly no later than January 15, 1988. Existing
trail projects involving acquisition or development may receive
funding prior to the completion of the trails plan.
Sec. 2123. Section 465B.3, Code 2023, is amended to read as
follows:
465B.3 Involvement of other agencies.
The department of natural resources, and the economic
development authority, and the department of cultural
affairs shall assist the state department of transportation
in developing the statewide plan for recreation trails, in
acquiring property, and in the development, promotion, and
management of recreation trails.
Sec. 2124. REPEAL. Sections 303.1, 303.1A, 303.2, and
303.95, Code 2023, are repealed.
Sec. 2125. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
-1208-transfers:
a. Section 303.3 to section 15.436.
b. Section 303.3A to section 15.437.
c. Section 303.3B to section 15.438.
d. Section 303.3C to section 15.439.
e. Section 303.3D to section 15.440.
f. Section 303.3E to section 15.441.
g. Section 303.20 to section 15.445.
h. Section 303.21 to section 15.446.
i. Section 303.22 to section 15.447.
j. Section 303.23 to section 15.448.
k. Section 303.24 to section 15.449.
l. Section 303.25 to section 15.450.
m. Section 303.26 to section 15.451.
n. Section 303.27 to section 15.452.
o. Section 303.28 to section 15.453.
p. Section 303.29 to section 15.454.
q. Section 303.30 to section 15.455.
r. Section 303.31 to section 15.456.
s. Section 303.32 to section 15.457.
t. Section 303.33 to section 15.458.
u. Section 303.34 to section 15.459.
v. Section 303.86 to section 15.465.
w. Section 303.87 to section 15.466.
x. Section 303.88 to section 15.467.
y. Section 303.89 to section 15.470.
z. Section 303A.1 to section 15.476.
aa. Section 303A.2 to section 15.477.
ab. Section 303A.3 to section 15.478.
ac. Section 303A.4 to section 15.479.
ad. Section 303A.5 to section 15.480.
ae. Section 303A.6 to section 15.481.
af. Section 303A.7 to section 15.482.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
-1209-enactment of this section.
3. The Code editor shall designate the following new parts
in subchapter II of chapter 15:
a. Sections 15.436 through 15.441 as part 26.
b. Sections 15.445 through 15.459 as part 27.
c. Sections 15.465 through 15.467 as part 28.
d. Section 15.470 as part 29.
e. Sections 15.476 through 15.482 as part 30.
STATE HISTORIC PRESERVATION OFFICER
Sec. 2126. NEW SECTION. 15.121 State historic preservation
officer.
1. The director shall appoint and the governor shall certify
the state historic preservation officer pursuant to federal
requirements. The recommendations and decisions of the state
historic preservation officer shall be subject to the review
and approval of the director of the economic development
authority.
2. The state historic preservation officer shall conduct
historic preservation activities pursuant to federal and
state requirements, including but not limited to all of the
following:
a. Identifying and documenting historic properties.
b. Preparing and maintaining a state register of historic
places, including those listed on the national register of
historic places.
c. Conducting historic preservation activities pursuant to
federal and state requirements.
d. Publishing matters of historical value to the public,
and pursuing historical, architectural, and archaeological
research and development which may include but are not
limited to continuing surveys, excavation, scientific
recording, interpretation, and publication of the historical,
architectural, archaeological, and cultural sites, buildings,
and structures in the state.
3. Pursuant to section 103A.42, the state historic
-1210-preservation officer, in response to an adequately documented
request, shall issue an opinion stating whether a property is
either included in or appears to meet criteria for inclusion in
the national register of historic places.
4. Pursuant to section 303.16, subsection 6, paragraph “h”,
the state historic preservation officer must approve a city or
county government as a certified local government prior to a
grant or loan fund award to the city or county government for a
project in the historic preservation category.
5. Pursuant to section 303.18, the state historic
preservation officer shall require that a rural electric
cooperative or a municipal utility that is constructing an
electric distribution and transmission facility for which it is
receiving federal funding conduct an archeological site survey.
6. Pursuant to section 427.16, subsections 4 and 12, the
state historic preservation officer shall be responsible
for approving applications for certified substantial
rehabilitation.
Sec. 2127. Section 457A.1, Code 2023, is amended to read as
follows:
457A.1 Acquisition by other than condemnation.
The department of natural resources, soil and water
conservation districts as provided in chapter 161A, the
historical division of the department of cultural affairs
state historic preservation officer, the state archaeologist
appointed by the state board of regents pursuant to section
263B.1, any county conservation board, and any city or agency
of a city may acquire by purchase, gift, contract, or other
voluntary means, but not by eminent domain, conservation
easements in land to preserve scenic beauty, wildlife
habitat, riparian lands, wetlands, or forests; promote outdoor
recreation, agriculture, soil or water conservation, or open
space; or otherwise conserve for the benefit of the public the
natural beauty, natural and cultural resources, and public
recreation facilities of the state.
-1211- Sec. 2128. Section 470.5, Code 2023, is amended to read as
follows:
470.5 Exceptions.
This chapter does not apply to buildings used on January 1,
1980, by the division of adult corrections of the department
of human services as maximum security detention facilities or
to the renovation of property nominated to, or entered in the
national register of historic places, designated by statute, or
included in an established list of historic places compiled by
the historical division of the department of cultural affairs
state historic preservation officer.
Sec. 2129. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 303.18 to section 15.122.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
IOWA FINANCE AUTHORITY
Sec. 2130. Section 7C.4A, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. However, at any time during the calendar year the
executive director of the Iowa finance authority may determine
that a lesser amount need be allocated to the Iowa finance
authority and on that date this lesser amount shall be the
amount allocated to the authority and the excess shall be
allocated under subsection 7.
Sec. 2131. Section 15.106C, subsection 1, Code 2023, is
amended to read as follows:
1. a. The operations of the authority shall be administered
by a director who shall be appointed by the governor, subject
to confirmation by the senate, and who shall serve for a
four-year term beginning and ending as provided in section
69.19 at the pleasure of the governor. An appointment by the
governor to fill a vacancy in the office of the director shall
-1212-be for the balance of the unexpired four-year term.
b. The director of the economic development authority
under paragraph “a” shall also serve as the director of, and
administer the operations of, the Iowa finance authority
pursuant to section 16.6.
Sec. 2132. Section 16.1, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 6A. “Director” means the director of the
economic development authority who also serves as the director
of, and administers the operations of, the Iowa finance
authority pursuant to section 15.106C, subsection 1, paragraph
“b”.
Sec. 2133. Section 16.1, subsection 9, Code 2023, is amended
by striking the subsection.
Sec. 2134. Section 16.1A, subsection 5, Code 2023, is
amended to read as follows:
5. The board may, by resolution, delegate to the
agricultural development board, title guaranty division
board, executive director, or other authority employee such
of its powers, under such terms and conditions, as it deems
appropriate.
Sec. 2135. Section 16.2, subsections 6 and 8, Code 2023, are
amended to read as follows:
6. Members of the authority and the executive director shall
give bond as required for public officers in chapter 64.
8. Members shall elect a chairperson and vice chairperson
annually, and other officers as they the members determine,
but and the executive director shall serve as secretary to the
authority.
Sec. 2136. Section 16.2A, subsections 1, 5, and 7, Code
2023, are amended to read as follows:
1. A title guaranty division is created within the
authority. The division may also be referred to as Iowa title
guaranty. The powers of the division relating to the issuance
of title guaranties are vested in and shall be exercised by a
-1213-title guaranty division board of five members appointed by the
governor subject to confirmation by the senate. The membership
of the title guaranty division board shall include an attorney,
an abstractor, a real estate broker, a representative of a
lending institution that engages in mortgage lending, and
a representative of the housing development industry. The
executive director of the authority shall appoint an attorney
as director of the title guaranty division, who shall serve
as an ex officio member of the title guaranty division board.
The appointment of and compensation for the division director
are exempt from the merit system provisions of chapter 8A,
subchapter IV.
5. Members of the title guaranty division board and the
director of the title guaranty division shall give bond as
required for public officers in chapter 64.
7. Members shall elect a chair and vice chair annually and
other officers as they the members determine. The executive
director or the executive director’s designee shall serve as
secretary to the title guaranty division board.
Sec. 2137. Section 16.2B, subsection 2, Code 2023, is
amended to read as follows:
2. The agricultural development division shall be
administered in accordance with the policies of the
agricultural development board created in section 16.2C.
The executive director of the authority may organize the
agricultural development division and employ necessary
qualified personnel to administer subchapter VIII.
Sec. 2138. Section 16.2C, subsection 3, Code 2023, is
amended to read as follows:
3. The agricultural development board consists of five
members appointed by the governor subject to confirmation by
the senate. The executive director of the authority or the
executive director’s designee shall serve as an ex officio,
nonvoting member.
Sec. 2139. Section 16.2C, subsection 5, paragraph c, Code
-1214-2023, is amended to read as follows:
c. The appointed members shall elect a chairperson and vice
chairperson annually, and other officers as they the members
determine. The executive director of the authority or the
executive director’s designee shall serve as secretary to the
board.
Sec. 2140. Section 16.2D, subsection 2, paragraph b,
subparagraph (8), Code 2023, is amended to read as follows:
(8) The executive director of the Iowa finance authority or
the executive director’s designee.
Sec. 2141. Section 16.5, subsection 4, Code 2023, is amended
to read as follows:
4. Notwithstanding any other provision of law, the
authority may elect whether to utilize any or all of the goods
or services available from other state agencies in the conduct
of its affairs. Departments, boards, commissions, or other
agencies of the state shall provide reasonable assistance and
services to the authority upon the request of the executive
director.
Sec. 2142. Section 16.6, Code 2023, is amended to read as
follows:
16.6 Executive director Director — responsibilities.
1. The governor, subject to confirmation by the senate,
shall appoint an executive director of the authority, who
shall serve at the pleasure of the governor. The executive
director shall be selected primarily for administrative
ability and knowledge in the field, without regard to political
affiliation. The director of the economic development
authority shall also serve as the director of, and administer
the operations of, the authority pursuant to section 15.106C,
subsection 1, paragraph “b”. The executive director shall not,
directly or indirectly, exert influence to induce any other
officers or employees of the state to adopt a political view,
or to favor a political candidate for office.
2. The executive director shall advise the authority on
-1215-matters relating to housing and housing finance, carry out
all directives from the authority, and hire and supervise the
authority’s staff pursuant to its the authority’s directions.
All employees of the authority are exempt from the merit system
provisions of chapter 8A, subchapter IV.
3. The executive director, as secretary of the authority,
shall keep a record of the proceedings of the authority and
shall be custodian of all books, documents, and papers filed
with the authority and of its minute book and seal. The
executive director shall have authority to cause to be made
copies of all minutes and other records and documents of the
authority and to give certificates under the seal of the
authority to the effect that such copies are true copies and
all persons dealing with the authority may rely upon such
certificates.
4. The executive director may establish administrative
divisions within the authority in order to most efficiently
and effectively carry out the authority’s responsibilities,
provided that any creation or modification of authority
divisions be established only after consultation with the board
of the authority.
Sec. 2143. Section 16.13, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. If a member or employee of the authority other than the
executive director of the authority has an interest, either
direct or indirect, in a contract to which the authority is,
or is to be, a party, or in a mortgage lender requesting a loan
from, or offering to sell mortgage loans to, the authority,
the interest shall be disclosed to the authority in writing
and shall be set forth in the minutes of the authority. The
member or employee having the interest shall not participate
in any action of the authority with respect to that contract
or mortgage lender.
Sec. 2144. Section 16.13, subsections 3 and 4, Code 2023,
are amended to read as follows:
-1216- 3. Nothing in this section shall be deemed to limit the
right of a member, officer, or employee of the authority to
acquire an interest in bonds or notes of the authority or to
limit the right of a member, officer, or employee other than
the executive director to have an interest in a financial
institution, including a lending institution, in which the
funds of the authority are, or are to be, deposited or which
is, or is to be, acting as trustee or paying agent under a trust
indenture to which the authority is a party.
4. The executive director shall not have an interest in
a financial institution, including a lending institution, in
which the funds of the authority are, or are to be, deposited
or which is, or is to be, acting as trustee or paying agent
under a trust indenture to which the authority is a party. The
executive director shall not receive, in addition to fixed
salary or compensation, any money or valuable thing, either
directly or indirectly, or through any substantial interest
in any other corporation or business unit, for negotiating,
procuring, recommending, or aiding in any purchase or sale
of property, or loan, made by the authority, nor shall the
executive director be pecuniarily interested, either as
principal, coprincipal, agent, or beneficiary, either directly
or indirectly, or through any substantial interest in any other
corporation or business unit, in any such purchase, sale, or
loan.
Sec. 2145. Section 16.57A, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding section 8.39, and any other law to
the contrary, with the prior written consent and approval of
the governor, the executive director of the authority may
transfer any unobligated and unencumbered moneys in any fund
created pursuant to section 16.5, subsection 1, paragraph “s”,
for deposit in the disaster recovery housing assistance fund
created in section 16.57B. The prior written consent and
approval of the director of the department of management shall
-1217-not be required to transfer the unobligated and unencumbered
moneys.
Sec. 2146. Section 16.134, subsection 9, paragraph b,
subparagraph (3), Code 2023, is amended to read as follows:
(3) The executive director of the authority or the executive
director’s designee.
Sec. 2147. Section 16.134, subsection 10, paragraph a, Code
2023, is amended to read as follows:
a. A water quality financing review committee is created
consisting of the secretary of agriculture or the secretary’s
designee, the executive director of the authority or the
executive director’s designee, and the director of the
department of natural resources or the director’s designee.
Sec. 2148. Section 257C.7, Code 2023, is amended to read as
follows:
257C.7 Staff.
The executive director and staff of the Iowa finance
authority, pursuant to chapter 16, shall also serve as
executive director and staff of the advance funding authority,
respectively. The executive director shall not, directly or
indirectly, exert influence to induce any other officers or
employees of the state to adopt a political view, or to favor a
political candidate for office.
Sec. 2149. Section 257C.12, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. If a member or employee other than the executive
director of the authority has an interest, either direct or
indirect, in a contract to which the authority is or is to be
a party, the interest shall be disclosed to the authority in
writing and shall be set forth in the minutes of a meeting
of the authority. The member having the interest shall
not participate in action by the board with respect to that
contract.
3. The executive director shall not have an interest in
a bank or other financial institution in which the funds of
-1218-the authority are deposited or which is acting as trustee or
paying agent under a trust indenture to which the authority is
a party. The executive director shall not receive, in addition
to fixed salary or compensation, any money or valuable thing,
either directly or indirectly, or through any substantial
interest in any other corporation or business unit, for
negotiating, procuring, recommending, or aiding in any loan
made by the authority, nor shall the executive director be
pecuniarily interested, either as principal, co-principal,
agent, or beneficiary, either directly or indirectly or through
any substantial interest in any other corporation or business
unit, in any loan.
Sec. 2150. Section 418.5, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. The executive director of the Iowa finance authority or
the executive director’s designee.
Sec. 2151. Section 466B.3, subsection 4, paragraph j, Code
2023, is amended to read as follows:
j. The executive director of the Iowa finance authority or
the executive director’s designee.
DIVISION VI
ECONOMIC DEVELOPMENT AUTHORITY — PARTNER STATE PROGRAM
Sec. 2152. NEW SECTION. 15.421 Partner state program.
1. a. A partner state program is created which shall be
administered by the authority. The purpose of the partner
state program is to establish and maintain relationships
between the state and foreign countries, provinces, states,
regions, oblasts, municipalities, districts, divisions,
counties, prefectures, towns, cities, villages, boroughs,
and any other similar political subdivisions to facilitate
mutually beneficial exchanges, collaboration, and cooperation
with regard to agriculture, culture, education, manufacturing,
science and technology, sports and recreation, tourism, and the
arts.
b. A partner state relationship must be formalized in a
-1219-partner state agreement approved by the governor.
c. A partner state agreement may be modified or terminated
only with the approval of the governor.
2. a. A partner state program fund is created in the state
treasury under the control of the authority and consisting of
any moneys appropriated to the fund by the general assembly
and any other moneys available and obtained or accepted by the
authority for placement in the fund. The fund shall be used
to administer the partner state program. The authority shall
use any moneys specifically appropriated for purposes of this
section only for the purposes of this section.
b. Notwithstanding section 12C.7, subsection 2, interest
or earnings on moneys in the fund shall accrue to the
authority and shall be used for purposes of this section.
Notwithstanding section 8.33, moneys in the fund at the end of
each fiscal year shall not revert to any other fund but shall
remain in the fund for expenditure for subsequent fiscal years.
Sec. 2153. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
Sec. 2154. APPLICABILITY. This division of this Act applies
to all of the following:
1. Sister state agreements entered into by the state before
the effective date of this division of this Act including
agreements with the following:
a. China, Hebei Province.
b. Italy, Veneto Region.
c. Japan, Yamanashi Prefecture.
d. Republic of Kosovo.
e. Mexico, Yucatan.
f. Taiwan.
g. Ukraine, Cherkasy Oblast.
2. Partner state agreement entered into by the state on or
after the effective date of this division of this Act.
DIVISION VII
PUBLIC EMPLOYMENT RELATIONS BOARD
-1220- Sec. 2155. Section 7E.6, subsection 5, Code 2023, is amended
to read as follows:
5. Any position of membership on the board of parole, the
public employment relations board, the utilities board, the
employment appeal board, and the property assessment appeal
board shall be compensated as otherwise provided in law.
Sec. 2156. Section 20.1, subsection 2, paragraph g, Code
2023, is amended by striking the paragraph.
Sec. 2157. Section 20.5, Code 2023, is amended to read as
follows:
20.5 Public employment relations board.
1. There is established a board to be known as the “Public
Employment Relations Board”.
a. The board shall consist of three members appointed by the
governor, subject to confirmation by the senate. In selecting
the members of the board, consideration shall be given to
their knowledge, ability, and experience in the field of
labor-management relations. No more than two members shall be
of the same political affiliation, and no member shall engage
in any political activity while holding office and the members
shall devote full time to their duties.
b. The members shall be appointed for staggered terms of
four years beginning and ending as provided in section 69.19.
c. The member first appointed for a term of four years shall
serve as chairperson and each of the member’s successors shall
also serve as chairperson.
d. Any vacancy occurring shall be filled in the same manner
as regular appointments are made.
2. The governor shall appoint an executive director of the
board, subject to confirmation by the senate, who shall serve
at the pleasure of the governor. The executive director shall
serve as the executive officer of the board. In selecting
the executive director, consideration shall be given to the
person’s knowledge, ability, and experience in the field of
labor-management relations. The governor shall set the salary
-1221-of the executive director within the applicable salary range
established by the general assembly.
2. 3. The board may employ such persons as are necessary
for the performance of its functions. Personnel of the board
shall be employed pursuant to the provisions of chapter 8A,
subchapter IV.
3. 4. The chairperson and the remaining two members
shall be compensated as provided in section 7E.6, subsection
5. Members of the board and employees of the board shall
be allowed their actual and necessary expenses incurred in
the performance of their duties and may be entitled to per
diem compensation as authorized under section 7E.6. All
expenses and salaries shall be paid from appropriations for
such purposes and the board shall be subject to the budget
requirements of chapter 8.
5. The board shall meet at least quarterly and at the call
of the chairperson.
Sec. 2158. Section 20.6, subsection 1, Code 2023, is amended
to read as follows:
1. Administer the provisions of this chapter and delegate
the powers and duties of the board to the executive director or
persons employed by the board, as appropriate.
Sec. 2159. Section 20.11, subsection 5, Code 2023, is
amended to read as follows:
5. The board’s review of proposed decisions and the
rehearing or judicial review of final decisions is governed by
the provisions of chapter 17A.
Sec. 2160. Section 20.13, subsection 3, Code 2023, is
amended by striking the subsection.
Sec. 2161. NEW SECTION. 20.34 Judicial review.
Notwithstanding chapter 17A, in a petition for judicial
review of a decision of the board in a contested case under
this chapter, the opposing party shall be named the respondent,
and the board shall not be named as a respondent. Judicial
review of agency action by the board under this chapter is not
-1222-subject to chapter 17A.
DIVISION VIII
DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT
Sec. 2162. Section 16.57B, subsection 4, Code 2023, is
amended to read as follows:
4. Registration required. To be considered for a forgivable
loan or grant under the program, a homeowner or renter must
register for the disaster case management advocacy program
established pursuant to section 29C.20B. The disaster case
manager may refer the homeowner or renter to the appropriate
local program administrator.
Sec. 2163. Section 29C.8, subsection 1, Code 2023, is
amended to read as follows:
1. The department of homeland security and emergency
management shall be under the management of a director who
shall be appointed by the governor, subject to confirmation
by the senate, and who shall serve at the pleasure of the
governor.
Sec. 2164. Section 29C.20A, subsections 2, 4, and 5, Code
2023, are amended to read as follows:
2. The grant funds shall be administered by the department
of human services. The department shall adopt rules to create
the Iowa disaster aid individual assistance grant program. The
rules shall specify the eligibility of applicants and eligible
items for grant funding. The executive council shall use
grant funds to reimburse the department of human services for
its actual expenses associated with the administration of the
grants. The department of human services may implement an
ongoing contract with a provider or providers of a statewide
program with local offices throughout the state to serve as the
local administrative entity for the grant program so that the
program can be implemented with minimal delay when a disaster
occurs in a local area. The rules adopted by the department
of human services for the program shall include but are not
limited to all of the following:
-1223- a. If a local administrative entity is under contract with
the state to provide other services or is implementing a state
or federal program and the contract contains a sufficient
surety bond or other adequate financial responsibility
provision, the department shall accept the existing surety
bond or financial responsibility provision in lieu of applying
a new or additional surety bond or financial responsibility
requirement.
b. If the president of the United States has declared a
major disaster to exist in this state and federal aid is made
available to provide assistance grants to individuals similar
to that provided by the Iowa disaster aid individual assistance
grant program, the Iowa program shall be discontinued.
c. Authorization for the local administrative entity to draw
grant funding to pay valid claims on at least a weekly basis.
4. A recipient of grant funding shall receive reimbursement
for expenses upon presenting a receipt for an eligible expense
or shall receive a voucher through a voucher system developed
by the department of human services and administered locally
within the designated disaster area. A voucher system shall
ensure sufficient data collection to discourage and prevent
fraud. The department shall consult with long-term disaster
recovery committees and disaster recovery case management
committees in developing a voucher system.
5. The department of human services shall submit an annual
report, by January 1 of each year, to the legislative fiscal
committee and the general assembly’s standing committees on
government oversight concerning the activities of the grant
program in the previous fiscal year.
Sec. 2165. Section 29C.20B, Code 2023, is amended to read
as follows:
29C.20B Disaster case management advocacy grant fund and
program.
1. a. A disaster case management advocacy grant fund is
created in the state treasury for the use of the executive
-1224-council. Moneys in the fund shall be expended if grants are
awarded pursuant to section 29C.20A available following the
governor’s proclamation of a state of disaster emergency or the
declaration of a major disaster by the president of the United
States.
b. The executive council may make financial grants to
meet disaster-related case management advocacy needs of
disaster-affected individuals. The aggregate total of grants
awarded shall not be more than one million dollars during a
fiscal year. However, within the same fiscal year, additional
funds may be specifically authorized by the executive council
to meet additional needs. Upon request of the department of
human services, the executive council may make available up to
one hundred thousand dollars, or so much as is necessary, for
contract entity staff support and case management training.
c. The department of human services shall work with the
department of homeland security and emergency management
and, as selected by the department of human services, a
representative representatives of selected nonprofit,
voluntary, and faith-based organizations active in disaster
recovery and response to establish a statewide system of
disaster case management advocacy to be activated following
the governor’s proclamation of a disaster emergency or the
declaration of a major disaster by the president of the United
States for individual assistance purposes.
2. The department of human services shall administer
disaster case management advocacy grants. The department
of human services, in conjunction with the department of
homeland security and emergency management, shall establish
a disaster case management advocacy program and adopt rules
pursuant to chapter 17A necessary to administer the program.
The executive council shall use grant moneys to reimburse the
department of human services for actual expenses associated
with the administration of the grants. Under the program, the
department of human services shall coordinate case management
-1225- advocacy services locally through one or more contracted
entities. The department of human services shall may implement
an ongoing contract with a provider of a statewide program
with local offices throughout the state to serve as the
local administrative entity for the grant program to allow
implementation of the program with minimal delay if grants are
awarded pursuant to section 29C.20A following a governor’s
proclamation of a state of disaster emergency or a declaration
of a major disaster by the president of the United States.
3. The department of human services, in conjunction with the
department of homeland security and emergency management and
a representative in consultation with representatives of the
Iowa voluntary organizations active in disaster, shall adopt
rules pursuant to chapter 17A to create coordination mechanisms
and standards for the establishment and implementation of
a statewide system of disaster case management advocacy.
The rules adopted by the department of human services for
the program shall include but are not limited to all of the
following:
a. If a local administrative entity is under contract with
the state to provide other services or is implementing a state
or federal program and the contract contains a sufficient
surety bond or other adequate financial responsibility
provisions, the department shall accept the existing surety
bond or financial responsibility provisions in lieu of applying
a new or additional surety bond or financial responsibility
requirement.
b. Authorization for the local administrative entity to draw
down grant funding to pay valid claims on at least a weekly
basis.
c. Disaster case management advocacy standards.
d. Disaster case management advocacy policies.
e. Reporting requirements.
f. Eligibility criteria.
g. Coordination mechanisms necessary to carry out the
-1226-services provided.
h. Development of formal working relationships with agencies
and creation of interagency agreements for those considered to
provide disaster case management advocacy services.
i. Establishment of nonduplication of benefits policies and
mechanisms for the exchange of information between agencies to
ensure compliance with the federal Health Insurance Portability
and Accountability Act of 1996, Pub.L. No.104-191, 110 Stat.
1936 (1996).
j. Referral to all known available services for individuals
from multiple agencies in coordinated service locations.
4. By January 1 of each year, the department of human
services shall submit an annual written report to the
legislative fiscal committee and the general assembly’s
standing committees on government oversight concerning the
activities of the grant program during the previous fiscal
year.
DIVISION IX
DEPARTMENT OF VETERANS AFFAIRS
Sec. 2166. Section 7E.5, subsection 1, paragraph v, Code
2023, is amended to read as follows:
v. The department of veterans affairs. However, the
commission of veterans affairs created in section 35A.2 shall
have created in section 35A.4, which has primary responsibility
for state veterans affairs.
Sec. 2167. Section 11.5B, subsection 7, Code 2023, is
amended to read as follows:
7. Iowa veterans home Department of veterans affairs.
Sec. 2168. Section 16.2D, subsection 2, paragraph b,
subparagraph (9), Code 2023, is amended to read as follows:
(9) The director commandant of the department of veterans
affairs or the director’s commandant’s designee.
Sec. 2169. Section 35A.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Commandant” means the commandant of the Iowa veterans
-1227-home appointed in section 35D.13 appointed pursuant to section
35A.8.
Sec. 2170. Section 35A.1, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2171. Section 35A.2, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. A commission of veterans affairs is created consisting of
eleven persons who shall be appointed by the governor, subject
to confirmation by the senate. Members shall be appointed to
staggered terms of four years beginning and ending as provided
in section 69.19. The governor shall fill a vacancy for the
unexpired portion of the term. In addition to the members
appointed by the governor, the director of the department and
the commandant of the Iowa veterans home shall serve as a
nonvoting, ex officio members member of the commission.
3. a. The commissioners are entitled to receive
reimbursement for actual expenses incurred while engaged in the
performance of official duties. Each member of the commission
may also be eligible to receive compensation as provided in
section 7E.6.
b. The executive director, commandant, and employees of the
department and the Iowa veterans home are entitled to receive,
in addition to salary, reimbursement for actual expenses
incurred while engaged in the performance of official duties.
c. All out-of-state travel by commissioners shall be
approved by the chairperson of the commission.
Sec. 2172. Section 35A.3, subsection 4, Code 2023, is
amended by striking the subsection and inserting in lieu
thereof the following:
4. Review and approve applications for distributions
of moneys from the veterans license fee fund pursuant to
section 35A.11 and the veterans trust fund pursuant to section
35A.13 for the benefit of veterans, spouses of veterans, and
dependents of veterans.
Sec. 2173. Section 35A.4, Code 2023, is amended to read as
-1228-follows:
35A.4 Department established.
There is established an Iowa department of veterans affairs
which shall consist of a commandant, a commission, an executive
director, and any additional personnel as employed by the
executive director commandant.
Sec. 2174. Section 35A.5, subsection 10, paragraph d, Code
2023, is amended to read as follows:
d. The department through the director commandant shall have
the authority to accept suitable cemetery land, in accordance
with federal veterans cemetery grant guidelines, from the
federal government, state government, state subdivisions,
private sources, and any other source wishing to transfer land
for use as a veterans cemetery.
Sec. 2175. Section 35A.5, subsection 12, Code 2023, is
amended to read as follows:
12. Adopt rules pursuant to chapter 17A and establish policy
for the management and operation of the department, for the
facilitation of programs under the department’s authority, and
for the performance of duties established under this section.
Prior to adopting rules, the department shall submit proposed
rules to the commission for review and approval pursuant to the
requirements of section 35A.3.
Sec. 2176. Section 35A.8, Code 2023, is amended to read as
follows:
35A.8 Executive director Commandant — term — duties.
1. The governor shall appoint an executive director a
commandant, subject to confirmation by the senate, who shall
serve at the pleasure of the governor. The executive director
commandant is responsible for administering the duties of the
department and the commission other than those related to the
Iowa veterans home.
2. The executive director commandant shall be a resident
of the state of Iowa and an honorably discharged veteran who
served in the armed forces of the United States during a
-1229-conflict or war. As used in this section, the dates of service
in a conflict or war shall coincide with the dates of service
established by the Congress of the United States.
3. Except for the employment duties and responsibilities
assigned to the commandant for the Iowa veterans home, the
executive director The commandant shall employ such personnel
as are necessary for the performance of the duties and
responsibilities assigned to the department and the commission.
All employees shall be selected on a basis of fitness for
the work to be performed with due regard to training and
experience and shall be subject to the provisions of chapter
8A, subchapter IV.
Sec. 2177. Section 35D.1, subsection 2, Code 2023, is
amended to read as follows:
2. As used in this chapter:
a. “Commandant” means the commandant of the Iowa veterans
home appointed pursuant to section 35D.13 35A.8.
b. “Commission” means the commission of veterans affairs
established in section 35A.2.
c. “Department” means the department of veterans affairs
established in section 35A.4.
c. d. “Member” means a patient or resident of the home.
Sec. 2178. Section 35D.5, Code 2023, is amended to read as
follows:
35D.5 Surviving spouses of veterans.
If a deceased veteran, who would be entitled to admission
to the home if the deceased veteran were living, has left a
surviving spouse, the spouse is entitled to admission to the
home with the same rights, privileges, and benefits as if the
veteran were living and a member of the home, if the spouse
was married to the veteran for at least one year immediately
prior to the veteran’s death, is found by the commandant
department to be disabled, meets the qualifications for nursing
or residential level of care, and is a resident of the state of
Iowa on the date of the application and immediately preceding
-1230-the date the application is accepted.
Sec. 2179. Section 35D.7, Code 2023, is amended to read as
follows:
35D.7 Contributing to own support.
1. Except as otherwise provided in chapter 249A and other
provisions of this chapter, a member of the home who receives
a pension, compensation, or gratuity from the United States
government, or income from any source of more than one hundred
forty dollars per month, shall contribute to the member’s own
maintenance or support while a member of the home. The amount
of the contribution and the method of collection shall be
determined by the commandant department, but the amount shall
in no case exceed the actual cost of keeping and maintaining
the person in the home.
2. Sums paid to and received by the commandant department
for the support of members of the home shall be considered
repayment receipts as defined in section 8.2 and credited to
the Iowa veterans home account referred to in section 35D.18,
subsection 3.
3. The commandant department may allow any member of the
home to render assistance in the care of the home and its
grounds as the member’s psychosocial and physical condition
permit, as a phase of that member’s rehabilitation program.
The commandant department shall compensate each member who
furnishes assistance at rates approved by the commission.
Sec. 2180. Section 35D.10, Code 2023, is amended to read as
follows:
35D.10 Payment to spouse.
Except as otherwise provided in chapter 249A and other
provisions of this chapter, a member of the home who receives a
pension or compensation and who has a spouse shall deposit with
the commandant department on receipt of the member’s pension or
compensation check one-half of its amount, which shall be sent
by the eighth day of the month or at once if any such pension
or compensation is received after the eighth day of the month
-1231-to the spouse.
Sec. 2181. Section 35D.11, Code 2023, is amended to read as
follows:
35D.11 Handling of pension money and other funds.
1. Pension money deposited with the commandant department
is not assignable for any purpose except as provided in section
35D.10, or in accordance with subsection 2 of this section.
2. The commandant department, if authorized by a member of
the home, and pursuant to policies adopted by the commission,
may act on behalf of that member in receiving, disbursing, and
accounting for personal funds of the member received from any
source. The authorization may be given by the member at any
time and shall not be a condition of admission to the home.
Sec. 2182. Section 35D.12, Code 2023, is amended to read as
follows:
35D.12 Bank account for members’ deposits.
1. a. The Iowa veterans home, for the convenience of its
members, may maintain a commercial account with a federally
insured bank for the individual personal deposits of its
members. The account shall be known as the Iowa veterans
home membership account. The commandant department shall
record each member’s personal deposits individually and shall
deposit the funds in the membership account, where the members’
deposits shall be held in the aggregate.
b. The Iowa veterans home may withdraw moneys from the
account maintained pursuant to this subsection to establish
certificates of deposit for the benefit of all members. The
commission department shall adopt rules pursuant to chapter 17A
for the administration of this paragraph.
2. The commandant department, if authorized by a member of
the home, and pursuant to policies adopted by the commission,
may make withdrawals against that member’s personal account to
pay regular bills and other expenses incurred by the member.
The authorization may be given by the member at any time and
shall not be a condition of admission to the home.
-1232- Sec. 2183. Section 35D.15, subsection 1, Code 2023, is
amended to read as follows:
1. The commandant shall administer and enforce all rules
adopted by the commission, including rules of discipline and,
subject to these rules, may immediately suspend the membership
of and discharge any person from the home for infraction of
the rules when the commandant department determines that the
health, safety, or welfare of the residents of the home is in
immediate danger and other reasonable alternatives have been
exhausted. The suspension and discharge are temporary pending
action by the commission. Judicial review of the action of the
commission may be sought in accordance with chapter 17A.
Sec. 2184. Section 35D.15, subsection 2, paragraphs a, b, d,
and f, Code 2023, are amended to read as follows:
a. The commandant department shall, with the input
and recommendation of the interdisciplinary resident care
committee, involuntarily discharge a member for any of the
following reasons:
(1) (a) The member has been diagnosed with a substance use
disorder but continues to abuse alcohol or an illegal drug in
violation of the member’s conditional or provisional agreement
entered into at the time of admission, and all of the following
conditions are met:
(i) The member has been provided sufficient notice of any
changes in the member’s collaborative care plan.
(ii) The member has been notified of the member’s commission
of three offenses and has been given the opportunity to correct
the behavior through either of the following options:
(A) Being given the opportunity to receive the appropriate
level of treatment in accordance with best practices for
standards of care.
(B) By having been placed on probation by the Iowa veterans
home for a second offense.
(b) Notwithstanding the member’s meeting the criteria
for discharge under this subparagraph (1), if the member
-1233-has demonstrated progress toward the goals established in
the member’s collaborative care plan, the interdisciplinary
resident care committee and the commandant department may
exercise discretion regarding the discharge. Notwithstanding
any provision to the contrary, the member may be immediately
discharged under this subparagraph (1) if the member’s actions
or behavior jeopardizes the life or safety of other members or
staff.
(2) (a) The member refuses to utilize the resources
available to address issues identified in the member’s
collaborative care plan, and all of the following conditions
are met:
(i) The member has been provided sufficient notice of any
changes in the member’s collaborative care plan.
(ii) The member has been notified of the member’s commission
of three offenses and the member has been placed on probation
by the Iowa veterans home for a second offense.
(b) Notwithstanding the member’s meeting the criteria
for discharge under this subparagraph (2), if the member
has demonstrated progress toward the goals established in
the member’s collaborative care plan, the interdisciplinary
resident care committee and the commandant department may
exercise discretion regarding the discharge. Notwithstanding
any provision to the contrary, the member may be immediately
discharged if the member’s actions or behavior jeopardizes the
life or safety of other members or staff.
(3) The member no longer requires a residential or nursing
level of care, as determined by the interdisciplinary resident
care committee.
(4) The member requires a level of licensed care not
provided at the Iowa veterans home.
b. (1) If a member is discharged under this subsection,
the discharge plan shall include placement in a suitable
living situation which may include but is not limited to
a transitional living program approved by the commission
-1234-or a living program provided by the United States veterans
administration.
(2) If a member is involuntarily discharged under this
subsection, the commission department shall, to the greatest
extent possible, ensure against the veteran being homeless and
ensure that the domicile to which the veteran is discharged is
fit and habitable and offers a safe and clean environment which
is free from health hazards and provides appropriate heating,
ventilation, and protection from the elements.
d. Annually, by the fourth Monday of each session of the
general assembly, the commandant department shall submit a
report to the veterans affairs committees of the senate and
house of representatives specifying the number, circumstances,
and placement of each member involuntarily discharged from the
Iowa veterans home under this subsection during the previous
calendar year.
f. Any involuntary discharge by the commandant department
under this subsection shall comply with the rules adopted by
the commission under this subsection and by the department of
inspections and appeals pursuant to section 135C.14, subsection
8, paragraph “f”.
Sec. 2185. Section 35D.17, Code 2023, is amended to read as
follows:
35D.17 Report by commandant department.
The commandant department shall, biennially, make a full
and detailed report to the governor, the commission, and the
general assembly, showing the condition of the home, the
number of members in the Iowa veterans home, the order and
discipline enforced, and the needs of the home financially and
otherwise, together with an itemized statement of all receipts
and disbursements and any other matters of importance in the
management and control of the Iowa veterans home.
Sec. 2186. REPEAL. Sections 35D.13 and 35D.14, Code 2023,
are repealed.
DIVISION X
-1235-OFFICE OF DRUG CONTROL POLICY
Sec. 2187. Section 80.4, subsection 1, Code 2023, is amended
by adding the following new paragraph:
NEW PARAGRAPH. g. Office of drug control policy.
Sec. 2188. Section 80.5, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 10. The department shall receive and review
the budget submitted by the drug policy director and assist the
drug policy director in directing the office of drug control
policy pursuant to section 80E.1.
Sec. 2189. Section 80E.1, Code 2023, is amended to read as
follows:
80E.1 Drug policy coordinator director.
1. The office of drug control policy is established in
the department of public safety.A drug policy coordinator
director shall be appointed by the governor, subject to
confirmation by the senate, and shall serve at the pleasure of
the governor commissioner of the department of public safety.
The governor shall fill a vacancy in the office in the same
manner as the original appointment was made. The coordinator
director shall be selected primarily for administrative
ability. The coordinator director shall not be selected on
the basis of political affiliation and shall not engage in
political activity while holding the office. The salary of the
coordinator shall be fixed by the governor.
2. The coordinator director shall:
a. Direct the governor’s office of drug control policy,
and coordinate and monitor all statewide drug enforcement
efforts, coordinate and monitor all state and federal substance
use disorder treatment grants and programs, coordinate and
monitor all statewide substance abuse use disorder prevention
and education programs in communities and schools, and engage
in such other related activities as required by law. The
coordinator director shall work in coordinating the efforts of
the department of corrections, the department of education,
-1236-the Iowa department of public health, the department of public
safety, and the department of health and human services. The
coordinator director shall assist in the development and
implementation of local and community strategies to fight
substance abuse use disorder, including local law enforcement,
education, and treatment activities.
b. Submit an annual report to the governor and general
assembly by November 1 of each year concerning the activities
and programs of the coordinator director and other departments
related to drug enforcement, substance use disorder treatment
programs, and substance abuse use disorder prevention and
education programs. The report shall include an assessment
of needs with respect to programs related to substance use
disorder treatment and drug enforcement.
c. Submit an advisory budget recommendation to the governor
and general assembly concerning enforcement programs, treatment
programs, and education programs related to drugs within the
various departments. The coordinator director shall work
with these departments in developing the departmental budget
requests to be submitted to the legislative services agency and
the general assembly.
3. The governor’s office of drug control policy shall be
an independent office, located at the same location as the
department of public safety. Administrative support services
may shall be provided to the governor’s office of drug control
policy by the department of public safety.
Sec. 2190. Section 80E.4, Code 2023, is amended to read as
follows:
80E.4 Drug abuse resistance education fund.
A drug abuse resistance education fund is created as a
separate fund in the state treasury under the control of the
governor’s office department of public safety for the office
of drug control policy for use by the drug abuse resistance
education program and other programs with a similar purpose.
The fund shall consist of appropriations made to the fund
-1237-and transfers of interest, moneys collected from the crime
services surcharge established in section 911.1, and earnings.
All moneys in the fund are appropriated to the governor’s
office of drug control policy department of public safety.
Notwithstanding section 8.33, any balance in the fund on June
30 of any fiscal year shall not revert to any other fund of the
state but shall remain available for the purposes described in
this section.
Sec. 2191. Section 124.101, subsection 22, Code 2023, is
amended to read as follows:
22. “Office” means the governor’s office of drug control
policy, as referred to in section 80E.1.
DIVISION XI
DEPARTMENT OF WORKFORCE DEVELOPMENT
PRIMARY DEPARTMENT RESPONSIBILITIES
Sec. 2192. Section 84A.5, subsection 3, Code 2023, is
amended to read as follows:
3. The department of workforce development is responsible
for administration of unemployment compensation benefits
and collection of employer contributions under chapter 96,
providing for the delivery of free public employment services
established pursuant to chapter 96, other job placement and
training programs established pursuant to section 84A.6,
employment agencies under chapter 84H, and the delivery of
services located throughout the state.
Sec. 2193. Section 84A.5, subsection 7, Code 2023, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. f. The statewide work-based learning
intermediary network program under section 84A.16.
NEW PARAGRAPH. g. The new jobs training program under
chapter 260E, in consultation with the community colleges.
NEW PARAGRAPH. h. The Iowa jobs training act under chapter
260F.
NEW PARAGRAPH. i. The workforce development fund program
under chapter 84F.
-1238- NEW PARAGRAPH. j. The accelerated career education
program under chapter 260G, in coordination with the community
colleges.
NEW PARAGRAPH. k. The older American community service
employment program under section 84A.17.
NEW PARAGRAPH. l. The apprenticeship training program under
chapter 84D.
NEW PARAGRAPH. m. The future ready Iowa registered
apprenticeship development program under section 84E.1.
NEW PARAGRAPH. n. The future ready Iowa expanded registered
apprenticeship opportunities program under section 84E.2.
NEW PARAGRAPH. o. Adult education and literacy programs
under section 84A.19.
REGIONAL INDUSTRY SECTOR PARTNERSHIPS
Sec. 2194. Section 260H.2, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. A pathways for academic career and employment fund is
created for the community colleges in the state treasury to be
administered by the department of education and the department
of workforce development. The moneys in the pathways for
academic career and employment fund are appropriated to the
department of education for the pathways for academic career
and employment program.
Sec. 2195. Section 260H.7B, Code 2023, is amended to read
as follows:
260H.7B Regional industry sector partnerships.
1. A community college and the department of workforce
development may use moneys for the pathways for academic career
and employment program to provide staff and support for the
development and implementation of a regional industry sector
partnerships partnership within the each region served by
the each community college. For purposes of this section,
“community college” means the same as defined in section 260C.2.
2. Regional, A regional industry sector partnerships
partnership may include but are engage in but is not limited to
-1239-the following activities:
a. Bringing together Collaborating with representatives
from industry sectors, government, education, local workforce
boards, community-based organizations, labor, economic
development organizations, and other stakeholders within the
regional labor market to determine how pathways for academic
career and employment projects should address workforce skills
gaps, occupational shortages, and wage gaps.
b. Integrating pathways for academic career and employment
projects and other existing supply-side strategies with
workforce needs within the region served by the community
college in that region.
c. Developing pathways for academic career and employment
projects that focus on the workforce skills, from entry level
to advanced, required by industry sectors within the region
served by the community college.
d. Structuring pathways so that instruction and learning of
workforce skills are aligned with industry-recognized standards
where such standards exist.
Sec. 2196. Section 260H.8, Code 2023, is amended to read as
follows:
260H.8 Rules.
The department of education, in consultation with the
community colleges, the economic development authority, and the
department of workforce development, shall adopt rules pursuant
to chapter 17A and this chapter to implement the provisions of
this chapter. Local workforce development boards established
pursuant to section 84A.4 shall be consulted in the development
and implementation of rules to be adopted pursuant to this
chapter section.
Sec. 2197. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 260H.7B to section 84A.15.
2. The Code editor shall correct internal references in the
-1240-Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2198. TRANSITION PROVISIONS. A regional industry
sector partnership entered into by a community college prior
to the effective date of this division of this Act shall be
valid and continue per the terms of the agreement between the
community college and the partnership.
STATEWIDE WORK-BASED LEARNING INTERMEDIARY NETWORK
Sec. 2199. Section 256.40, Code 2023, is amended to read as
follows:
256.40 Statewide work-based learning intermediary network —
fund — steering committee — regional networks.
1. A statewide work-based learning intermediary network
program is established in the department of workforce
development and shall be administered by the department. A
separate, statewide work-based learning intermediary network
fund is created in the state treasury under the control of the
department of workforce development. The fund shall consist
of all moneys deposited in the fund, including any moneys
appropriated by the general assembly and any other moneys
available to and obtained or accepted by the department of
workforce development from federal or private sources for
purposes of the program. Notwithstanding section 8.33, moneys
in the fund at the end of a fiscal year shall not revert to
the general fund of the state. Notwithstanding section 12C.7,
subsection 2, interest or earnings on moneys in the fund shall
be credited to the fund.
2. The purpose of the program shall be to prepare students
for the workforce by connecting business and the education
system facilitating cooperation and collaboration between
businesses and entities within the state system of education,
as that state system of education is described in section
256.1, subsection 1, and offering to offer relevant, work-based
learning activities to students and teachers. The program
shall do all of the following:
-1241- a. Better prepare Prepare students to make informed
postsecondary education and career decisions.
b. Provide communication and coordination in order to build
and sustain relationships between employers and local youth,
the state system of education system, and the community at
large.
c. Connect students to local career opportunities within the
state, creating economic capital for the region state using a
skilled and available workforce.
d. Provide a one-stop contact point for information
useful to both educators and employers, including information
on related to internships, job shadowing experiences,
apprenticeable occupations as defined in section 15B.2,
and other workplace learning opportunities for students,
particularly including those related to occupations in
science, technology, engineering, or mathematics occupations,
occupations related to critical infrastructure, and commercial
and residential construction, or and targeted industries as
defined in section 15.102.
e. Integrate services provided through the program with
other career exploration-related activities, which may include
but are not limited to the a student’s career and academic
plans and career information and decision-making systems
utilized in accordance with under section 279.61.
f. Facilitate the attainment of portable credentials of
value to employers such as the national career readiness
certificate, where appropriate.
g. Develop work-based capacity with employers.
h. Provide core services, which may include student job
shadowing, student internships, and teacher or student tours.
3. a. The department of workforce development shall
establish and facilitate a steering committee comprised of
representatives from the department of workforce development
education, the economic development authority, the community
colleges, the institutions under the control of the state board
-1242-of regents, accredited private institutions, area education
agencies, school districts, the workplace learning connection,
and an apprenticeship sponsor as defined in section 15B.2. The
steering committee shall be responsible for the development
and implementation of the statewide work-based learning
intermediary network.
4. b. The steering committee shall develop a design for
a statewide network comprised of fifteen regional work-based
learning intermediary networks. The design shall include
network specifications, strategic functions, and desired
outcomes. The steering committee shall recommend program
parameters and reporting requirements to the department of
workforce development.
5. 4. Each regional network shall establish an advisory
council to provide advice and assistance to the regional
network. The advisory council shall include representatives of
business and industry, including construction trade industry
professionals, and shall meet at least annually.
6. 5. Each regional network or consortium of networks shall
annually submit a work-based learning plan to the department of
workforce development. Each plan shall include provisions to
provide core services referred to in subsection 2, paragraph
“h”, to all school districts within the region and for the
integration of job shadowing and other work-based learning
activities into secondary career and technical education
programs.
7. 6. a. Moneys Upon approval by the department of
workforce development of a region’s work-based learning plan
submitted pursuant to subsection 5, moneys deposited in the
statewide work-based learning intermediary network fund created
in subsection 1 shall be distributed annually by the department
of workforce development to each region for the implementation
of the statewide work-based learning intermediary network upon
approval by the department of the region’s work-based learning
plan submitted pursuant to subsection 6.
-1243- b. If the balance in the statewide work-based learning
intermediary network fund on July 1 of a fiscal year is one
million five hundred thousand dollars or less, the department
of workforce development shall distribute moneys in the fund to
regions or consortiums of regions on a competitive basis. If
the balance in the statewide work-based learning intermediary
network fund on July 1 of a fiscal year is greater than one
million five hundred thousand dollars, the department of
workforce development shall distribute one hundred thousand
dollars to each region and distribute the remaining moneys
pursuant to the same formula established for distribution of
funds by the department of education in section 260C.18C.
8. 7. The department of workforce development shall provide
oversight of the statewide work-based learning intermediary
network. The department of workforce development shall require
each region to submit an annual report on its the region’s
ongoing implementation of the statewide work-based learning
intermediary network program to the department.
9. 8. Each regional network shall match the moneys received
pursuant to subsection 7 6 with financial resources equal to at
least twenty-five percent of the amount of the moneys received
pursuant to subsection 7 6. The financial resources used
to provide the match may include private donations, in-kind
contributions, or public moneys other than the moneys received
pursuant to subsection 7 6.
10. 9. The state board of education department of workforce
development shall adopt rules under chapter 17A for the
administration of this section.
Sec. 2200. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 256.40, as amended in this division of this Act, to
section 84A.16.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
-1244-enactment of this section.
INDUSTRIAL NEW JOBS TRAINING
Sec. 2201. Section 15A.7, subsection 3, Code 2023, is
amended to read as follows:
3. That the employer shall agree to pay wages for the jobs
for which the credit is taken of at least the laborshed wage,
as calculated by the authority pursuant to section 15.327,
subsection 15. For purposes of this subsection, “laborshed
wage” means the wage level represented by those wages within
two standard deviations from the mean wage within the laborshed
area in which the eligible business is located, as calculated
by the department of workforce development by rule, using the
most current covered wage and employment data available to
the department for the laborshed area.Eligibility for the
supplemental credit shall be based on a one-time determination
of starting wages by the community college.
Sec. 2202. Section 260E.7, Code 2023, is amended to read as
follows:
260E.7 Program review by economic development authority
department of workforce development.
1. The economic development authority department of
workforce development, in consultation with the department of
education, and the department of revenue, and the department
of workforce development, shall coordinate and review the new
jobs training program. The economic development authority
department of workforce development shall adopt, amend, and
repeal rules under chapter 17A that the community college will
use in developing projects with new and expanding industrial
new jobs training proposals and that the economic development
authority department of workforce development shall use to
review and report on the new jobs training program as required
in this section.
2. a. The authority department of workforce development,
in consultation with the community colleges participating
in the new jobs training program pursuant to this chapter,
-1245-shall identify the information necessary to effectively
coordinate and review the program, and the community colleges
shall provide such information to the authority department.
Using the information provided, the authority department, in
consultation with the community colleges, shall issue a report
on the effectiveness of the program.
b. In coordinating and reviewing the program, the department
of workforce development shall give due regard shall be given
to the confidentiality of certain information provided by the
community colleges, and the authority shall comply with the
provisions of section 15.118 to the extent that such provisions
are applicable to the new jobs training program.
3. The authority department of workforce development
is authorized to make any rule that is adopted, amended,
or repealed effective immediately upon filing with the
administrative rules coordinator or at a subsequent stated date
prior to indexing and publication, or at a stated date less
than thirty-five days after filing, indexing, and publication.
Sec. 2203. Section 403.21, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. The community college shall send a copy of the final
agreement prepared pursuant to section 260E.3 to the economic
development authority department of workforce development.
For each year in which incremental property taxes are used to
pay job training certificates issued for a project creating
new jobs, the community college shall provide to the economic
development authority department of workforce development
a report of the incremental property taxes and new jobs
credits from withholding generated for that year, a specific
description of the training conducted, the number of employees
provided program services under the project, the median
wage of employees in the new jobs in the project, and the
administrative costs directly attributable to the project.
3. For each year in which incremental property taxes are
used to retire debt service on a jobs training advance issued
-1246-for a project creating new jobs, the community college shall
provide to the economic development authority department of
workforce development a report of the incremental property
taxes and new jobs credits from withholding generated for that
year, a specific description of the training conducted, the
number of employees provided services under the project, the
median wage of employees in the new jobs in the project, and
the administrative costs directly attributable to the project.
Sec. 2204. Section 422.16A, Code 2023, is amended to read
as follows:
422.16A Job training withholding — certification and
transfer.
Upon the completion by a business of its repayment
obligation for a training project funded under chapter 260E,
including a job training project funded under section 15A.8
or repaid in whole or in part by the supplemental new jobs
credit from withholding under section 15A.7 or section 15E.197,
Code 2014, the sponsoring community college shall report to
the economic development authority department of workforce
development the amount of withholding paid by the business
to the community college during the final twelve months of
withholding payments. The economic development authority
department of workforce development shall notify the department
of revenue of that amount. The department of revenue shall
credit to the workforce development fund account established in
section 15.342A twenty-five percent of that amount each quarter
for a period of ten years. If the amount of withholding from
the business or employer is insufficient, the department of
revenue shall prorate the quarterly amount credited to the
workforce development fund account. The maximum amount from
all employers which shall be transferred to the workforce
development fund account in any year is seven million seven
hundred fifty thousand dollars.
Sec. 2205. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
-1247-transfers:
a. Section 15A.7 to section 260J.1.
b. Section 15A.8 to section 260J.2.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
JOB TRAINING
Sec. 2206. Section 260F.2, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 2207. Section 260F.2, subsections 4, 5, and 11, Code
2023, are amended to read as follows:
4. “Date of commencement of the project” means the date
of the preliminary agreement or the date an application for
assistance is received by the authority department.
5. “Eligible business” or “business” means a business
training employees which is engaged in interstate or intrastate
commerce for the purpose of manufacturing, processing, or
assembling products, conducting research and development, or
providing services in interstate commerce, but excludes retail,
health, or professional services and which meets the other
criteria established by the authority department. “Eligible
business” does not include a business whose training costs can
be economically funded under chapter 260E, a business which
closes or substantially reduces its employment base in order
to relocate substantially the same operation to another area
of the state, or a business which is involved in a strike,
lockout, or other labor dispute in Iowa.
11. “Project” means a training arrangement which is the
subject of an agreement entered into between the community
college and a business to provide program services. “Project”
also means a training arrangement which is sponsored by the
authority department and administered under sections 260F.6A
and 260F.6B.
Sec. 2208. Section 260F.2, Code 2023, is amended by adding
the following new subsection:
-1248- NEW SUBSECTION. 4A. “Department” means the department of
workforce development.
Sec. 2209. Section 260F.3, subsection 5, Code 2023, is
amended to read as follows:
5. Other criteria established by the department of
education.
Sec. 2210. Section 260F.6, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. There is established for the community colleges a job
training fund in the economic development authority department
of workforce development in the workforce development fund
established in section 15.342A. The job training fund consists
of moneys appropriated for the purposes of this chapter plus
the interest and principal from repayment of advances made to
businesses for program costs, plus the repayments, including
interest, of loans made from that retraining fund, and interest
earned from moneys in the job training fund.
2. To provide funds for the present payment of the costs
of a training program by the business, the community college
may provide to the business an advance of the moneys to be used
to pay for the program costs as provided in the agreement.
To receive the funds for this advance from the job training
fund established in subsection 1, the community college shall
submit an application to the authority department. The amount
of the advance shall not exceed fifty thousand dollars for
any business site, or one hundred thousand dollars within
a three-fiscal-year period for any business site. If the
project involves a consortium of businesses, the maximum award
per project shall not exceed one hundred thousand dollars.
Participation in a consortium does not affect a business
site’s eligibility for individual project assistance. Prior
to approval a business shall agree to match program amounts
in accordance with criteria established by the authority
department.
Sec. 2211. Section 260F.6A, Code 2023, is amended to read
-1249-as follows:
260F.6A Business network training projects.
The community colleges and the authority department are
authorized to fund business network training projects which
include five or more businesses and are located in two or more
community college districts. A business network training
project must have a designated organization or lead business
to serve as the administrative entity that will coordinate the
training program. The businesses must have common training
needs and develop a plan to meet those needs. The authority
department shall adopt rules governing this section’s operation
and participant eligibility.
Sec. 2212. Section 260F.6B, Code 2023, is amended to read
as follows:
260F.6B High technology apprenticeship program.
The community colleges and the authority department
are authorized to fund high technology apprenticeship
programs which comply with the requirements specified in
section 260C.44 and which may include both new and statewide
apprenticeship programs. Notwithstanding the provisions
of section 260F.6, subsection 2, relating to maximum award
amounts, moneys allocated to the community colleges with high
technology apprenticeship programs shall be distributed to the
community colleges based upon contact hours under the programs
administered during the prior fiscal year as determined by
the department of education. The authority department shall
adopt rules governing this section’s operation and participant
eligibility.
Sec. 2213. Section 260F.7, Code 2023, is amended to read as
follows:
260F.7 Authority to coordinate Coordination — department of
workforce development.
The authority department, in consultation with the
department of education and the department of workforce
development, shall coordinate the jobs training program. A
-1250-project shall not be funded under this chapter unless the
authority department approves the project. The authority
department shall adopt rules pursuant to chapter 17A governing
the program’s operation and eligibility for participation in
the program. The authority department shall establish by rule
criteria for determining what constitutes an eligible business.
Sec. 2214. Section 260F.8, subsection 1, Code 2023, is
amended to read as follows:
1. For each fiscal year, the authority department shall
make funds available to the community colleges. The authority
department shall allocate by formula from the moneys in
the fund an amount for each community college to be used to
provide the financial assistance for proposals of businesses
whose applications have been approved by the authority
department. The financial assistance shall be provided by
the authority department from the amount set aside for that
community college. If any portion of the moneys set aside for
a community college have not been used or committed by May
1 of the fiscal year, that portion is available for use by
the authority department to provide financial assistance to
businesses applying to other community colleges. The authority
department shall adopt by rule a formula for this set-aside.
Sec. 2215. TRANSITION PROVISIONS.
1. A project that is entered into by a community college
and a business under section 260F.3 prior to the effective
date of this division of this Act shall be valid and continue
as provided in the terms of the agreement and shall be
administered by the department of workforce development.
2. A project sponsored by and administered under section
260F.6A or 260F.6B by the economic development authority prior
to the effective date of this division of this Act shall be
valid and continue as provided by the terms of the training
arrangement and shall be administered by the department of
workforce development.
WORKFORCE DEVELOPMENT FUND PROGRAM
-1251- Sec. 2216. Section 15.108, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 2217. Section 15.341, Code 2023, is amended to read as
follows:
15.341 Workforce development fund program.
This part chapter shall be known as the “Workforce
Development Fund” program.
Sec. 2218. Section 15.342, Code 2023, is amended to read as
follows:
15.342 Purpose.
The purpose of this part chapter shall be to provide a
mechanism for funding workforce development programs listed in
section 15.343, subsection 2, in order to more efficiently meet
the needs identified within those individual programs.
Sec. 2219. Section 15.342A, Code 2023, is amended to read
as follows:
15.342A Workforce development fund account.
1. A workforce development fund account is established in
the office of the treasurer of state under the control of the
authority department of workforce development. The account
shall receive funds pursuant to section 422.16A.
2. For the fiscal year beginning July 1, 2014 2023,
and for each fiscal year thereafter, there is annually
appropriated from the workforce development fund account to the
apprenticeship training program fund created in section 15B.3
three million dollars for the purposes of chapter 15B.
3. For the fiscal year beginning July 1, 2014 2023, and for
each fiscal year thereafter, there is annually appropriated
from the workforce development fund account to the job training
fund created in section 260F.6 four million seven hundred fifty
thousand dollars for the purposes of chapter 260F.
Sec. 2220. Section 15.343, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. a. A workforce development fund is created as a
revolving fund in the state treasury under the control of the
-1252-authority department of workforce development consisting of any
moneys appropriated by the general assembly for that purpose
and any other moneys available to and obtained or accepted by
the authority department of workforce development from the
federal government or private sources for placement in the
fund. The fund shall also include moneys appropriated to the
fund from the workforce development fund account established
in section 15.342A.
b. Notwithstanding section 8.33, moneys in the workforce
development fund at the end of each fiscal year shall not
revert to any other fund but shall remain in the workforce
development fund for expenditure for subsequent fiscal years.
2. The assets of the fund shall be used by the authority
department of workforce development for the following programs
and purposes:
a. Projects under chapter 260F. The authority department of
workforce development shall require a match from all businesses
participating in a training project under chapter 260F.
b. Apprenticeship programs under section 260C.44, including
new or statewide building trades apprenticeship programs.
c. To cover the costs of the administration of workforce
development programs and services available through the
authority. A portion of these funds may be used to To support
efforts by the community colleges to provide workforce services
to Iowa employers.
Sec. 2221. Section 15.344, Code 2023, is amended to read as
follows:
15.344 Common system — assessment and tracking.
The authority department of workforce development shall use
information from the customer tracking system administered by
the department of workforce development under section 84A.5 to
determine the economic impact of the programs. To the extent
possible, the authority department shall track individuals and
businesses who have received assistance or services through
the fund to determine whether the assistance or services have
-1253-resulted in increased wages paid to the individuals or paid by
the businesses.
Sec. 2222. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 15.341 to section 84F.1.
b. Section 15.342 to section 84F.2.
c. Section 15.342A to section 84F.3.
d. Section 15.343 to section 84F.4.
e. Section 15.344 to section 84F.5.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
ACCELERATED CAREER EDUCATION PROGRAM
Sec. 2223. Section 260G.3, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An agreement may include reasonable and necessary provisions
to implement the accelerated career education program. If
an agreement is entered into, the community college and the
employer shall notify the department of revenue as soon as
possible. The community college shall also file a copy of the
agreement with the economic development authority department
of workforce development as required in section 260G.4B. The
agreement shall provide for program costs, including deferred
costs, which may be paid from any of the following sources:
Sec. 2224. Section 260G.4B, Code 2023, is amended to read
as follows:
260G.4B Maximum statewide program job credit.
1. The total amount of program job credits from all
employers which shall be allocated for all accelerated career
education programs in the state in any one fiscal year shall
not exceed five million four hundred thousand dollars. A
community college shall file a copy of each agreement with
the economic development authority department of workforce
development. The authority department of workforce development
-1254- shall maintain an annual record of the proposed program job
credits under each agreement for each fiscal year. Upon
receiving a copy of an agreement, the authority department of
workforce development shall allocate any available amount of
program job credits to the community college according to the
agreement sufficient for the fiscal year and for the term of
the agreement. When the total available program job credits
are allocated for a fiscal year, the authority department of
workforce development shall notify all community colleges that
the maximum amount has been allocated and that further program
job credits will not be available for the remainder of the
fiscal year. Once program job credits have been allocated to
a community college, the full allocation shall be received by
the community college throughout the fiscal year and for the
term of the agreement even if the statewide program job credit
maximum amount is subsequently allocated and used.
2. For the fiscal years beginning July 1, 2000, and
July 1, 2001, the department of economic development shall
allocate eighty thousand dollars of the first one million two
hundred thousand dollars of program job credits authorized and
available for that fiscal year to each community college. This
allocation shall be used by each community college to provide
funding for approved programs. For the fiscal year beginning
July 1, 2002 2023, and for every fiscal year thereafter,
the economic development authority department of workforce
development shall divide equally among the community colleges
thirty percent of the program job credits available for that
fiscal year for allocation to each community college to be used
to provide funding for approved programs. If any portion of
the allocation to a community college under this subsection
has not been committed by April 1 of the fiscal year for which
the allocation is made, the uncommitted portion is available
for use by other community colleges. Once a community college
has committed its allocation for any fiscal year under this
subsection, the community college may receive additional
-1255-program job credit allocations from those program job credits
authorized and still available for that fiscal year.
Sec. 2225. Section 260G.4C, Code 2023, is amended to read
as follows:
260G.4C Facilitator Administration and reporting.
The economic development authority department of workforce
development shall administer the statewide allocations of
program job credits to accelerated career education programs.
The authority department of workforce development shall provide
information about the accelerated career education programs in
accordance with its annual reporting requirements in section
15.107B to the general assembly annually on or before March 15.
Sec. 2226. Section 260G.6, subsection 1, Code 2023, is
amended to read as follows:
1. An accelerated career education fund is established
in the state treasury under the control of the department of
workforce development consisting of moneys appropriated to the
fund for purposes of funding the cost of accelerated career
education program capital projects.
Sec. 2227. TRANSITION PROVISIONS.
1. On the effective date of this division of this Act,
all unencumbered and unobligated moneys remaining in the
accelerated career education fund established in section 260G.6
shall be under the control of the department of workforce
development.
2. a. All agreements entered into by a community college
under section 260G.3 prior to the effective date of this
division of this Act shall be valid and continue as provided
in the terms of the agreement.
b. Job credits shall be honored per an agreement entered
into under paragraph “a” that includes a provision for program
job credits.
OLDER AMERICAN COMMUNITY SERVICE EMPLOYMENT PROGRAM
Sec. 2228. Section 231.23A, subsection 2, Code 2023, is
amended by striking the subsection.
-1256- Sec. 2229. Section 231.51, Code 2023, is amended to read as
follows:
231.51 Older American community service employment program.
1. The department of workforce development shall direct
and administer the older American community service employment
program as authorized by the federal Act in coordination with
the department of workforce development Older Americans Act of
1965, 42 U.S.C. §3001 et seq., as amended.
2. The purpose of the program is to foster individual
economic self-sufficiency and to increase the number of
participants placed in unsubsidized employment in the public
and private sectors while maintaining the community service
focus of the program.
3. Funds appropriated to the department of workforce
development from the United States department of labor shall
be distributed to subgrantees in accordance with federal
requirements.
4. The department of workforce development shall require
such uniform reporting and financial accounting by subgrantees
as may be necessary to fulfill the purposes of this section.
5. The older American community service employment program
shall be coordinated with the federal Workforce Innovation and
Opportunity Act administered by the department of workforce
development.
Sec. 2230. REPEAL. Section 231.53, Code 2023, is repealed.
Sec. 2231. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 231.51 to section 84A.17.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2232. TRANSITION PROVISIONS. On the effective date
of this division of this Act, all unencumbered and unobligated
moneys remaining in any account or fund under the control of
-1257-the department on aging and relating to this division of this
Act shall be transferred to a comparable fund or account under
the control of the department of workforce development for
purposes of this division of this Act. Notwithstanding section
8.33, the moneys transferred in accordance with this subsection
shall not revert to the account or fund from which the moneys
are appropriated or transferred.
VOCATIONAL REHABILITATION
Sec. 2233. Section 19B.2, subsection 2, Code 2023, is
amended to read as follows:
2. It is the policy of this state to permit special
appointments by bypassing the usual testing procedures for any
applicant for whom the division of vocational rehabilitation
services of the department of education workforce development
or the department for the blind has certified the applicant’s
disability and competence to perform the job. The department
of administrative services, in cooperation with the department
for the blind and the division of vocational rehabilitation
services, shall develop appropriate certification procedures.
This subsection should not be interpreted to bar promotional
opportunities for persons who are blind or persons with
physical or mental disabilities. If this subsection conflicts
with any other provisions of this chapter, the provisions of
this subsection govern.
Sec. 2234. Section 84A.1, subsection 4, Code 2023, is
amended to read as follows:
4. The department of workforce development shall include
the division of labor services, the division of workers’
compensation, vocational rehabilitation services, and other
divisions as appropriate.
Sec. 2235. Section 84A.1A, subsection 1, paragraph a,
subparagraph (7), Code 2023, is amended to read as follows:
(7) The administrator of the division of Iowa vocational
rehabilitation services of the department of education
workforce development or the administrator’s designee.
-1258- Sec. 2236. Section 84A.4, subsection 2, paragraph b,
subparagraph (4), subparagraph division (a), subparagraph
subdivision (iii), Code 2023, is amended to read as follows:
(iii) The members shall include at least one appropriate
representative of the programs carried out under Tit.I of
the federal Rehabilitation Act of 1973, as codified at 29
U.S.C.§720 et seq., relating to vocational rehabilitation
services, excluding 29 U.S.C.§732 and 741, serving the local
workforce development area and nominated by the administrator
of the division of vocational rehabilitation services of the
department of education workforce development or director of
the department for the blind, as appropriate.
Sec. 2237. Section 85.70, subsection 1, Code 2023, is
amended to read as follows:
1. An employee who has sustained an injury resulting
in permanent partial or permanent total disability, for
which compensation is payable under this chapter other than
an injury to the shoulder compensable pursuant to section
85.34, subsection 2, paragraph “n”, and who cannot return
to gainful employment because of such disability, shall upon
application to and approval by the workers’ compensation
commissioner be entitled to a one hundred dollar weekly
payment from the employer in addition to any other benefit
payments, during each full week in which the employee is
actively participating in a vocational rehabilitation program
recognized by the vocational rehabilitation services division
of the department of education workforce development. The
workers’ compensation commissioner’s approval of such
application for payment may be given only after a careful
evaluation of available facts, and after consultation with the
employer or the employer’s representative. Judicial review
of the decision of the workers’ compensation commissioner
may be obtained in accordance with the terms of the Iowa
administrative procedure Act, chapter 17A, and in section
86.26. Such additional benefit payment shall be paid for a
-1259-period not to exceed thirteen consecutive weeks except that
the workers’ compensation commissioner may extend the period
of payment not to exceed an additional thirteen weeks if the
circumstances indicate that a continuation of training will in
fact accomplish rehabilitation.
Sec. 2238. Section 256.1, subsection 1, paragraph d, Code
2023, is amended by striking the paragraph.
Sec. 2239. Section 256.35A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. In addition, representatives of the department of
education, the division of vocational rehabilitation of the
department of education workforce development, the department
of public health, the department of human services, the Iowa
developmental disabilities council, the division of insurance
of the department of commerce, and the state board of regents
shall serve as ex officio members of the advisory council. Ex
officio members shall work together in a collaborative manner
to serve as a resource to the advisory council. The council
may also form workgroups as necessary to address specific
issues within the technical purview of individual members.
Sec. 2240. Section 259.2, Code 2023, is amended to read as
follows:
259.2 Custodian of funds.
1. The treasurer of state is custodian of moneys received
by the state from appropriations made by the Congress of the
United States for the vocational rehabilitation of individuals
with disabilities, and may receive and provide for the proper
custody of the moneys and make disbursement of them the moneys
upon the requisition of the director of the department of
education workforce development.
2. The treasurer of state is appointed custodian of moneys
paid by the federal government to the state for the purpose of
carrying out the agreement relative to making determinations
of disability under Tit.II and Tit.XVI of the federal Social
Security Act as amended, 42 U.S.C. ch.7, and may receive the
-1260-moneys and make disbursements of them the moneys upon the
requisition of the director of the department of education
workforce development.
Sec. 2241. Section 259.3, Code 2023, is amended to read as
follows:
259.3 Board and division Division of vocational
rehabilitation services.
The division of vocational rehabilitation services
is established in the department of education workforce
development. The director of the department of education
workforce development shall cooperate with the United States
secretary of education in carrying out the federal law cited
in sections 259.1 and 259.2 providing for the vocational
rehabilitation of individuals with disabilities. The state
board of education shall adopt rules under chapter 17A for the
administration of this chapter.
Sec. 2242. Section 259.5, Code 2023, is amended to read as
follows:
259.5 Report to governor.
The division of vocational rehabilitation services shall
report biennially to the governor the condition of vocational
rehabilitation within the state, designating the educational
institutions, establishments, plants, factories, and other
agencies in which training is being given, and include a
detailed statement of expenditures of the state and federal
funds in the rehabilitation of individuals with disabilities.
Sec. 2243. Section 259.6, Code 2023, is amended to read as
follows:
259.6 Gifts and donations.
The division of vocational rehabilitation services may
receive gifts and donations from either public or private
sources offered unconditionally or under conditions related to
the vocational rehabilitation of individuals with disabilities
that are consistent with this chapter.
Sec. 2244. Section 259.7, Code 2023, is amended to read as
-1261-follows:
259.7 Fund.
All the moneys received as gifts or donations shall be
deposited in the state treasury and shall constitute a
permanent fund to be called the special fund for the vocational
rehabilitation of individuals with disabilities, to be used
by the director of the department of education workforce
development in carrying out the provisions of this chapter or
for related purposes.
Sec. 2245. Section 259.8, Code 2023, is amended to read as
follows:
259.8 Report of gifts.
A full report of all gifts and donations offered and
accepted, together with the names of the donors name of each
donor and the respective amounts amount contributed by each
donor, and all disbursements from the special fund for the
vocational rehabilitation of individuals with disabilities
shall be submitted at call or biennially to the governor of the
state by the division department of workforce development.
Sec. 2246. NEW SECTION. 259.10 Rules.
The department of workforce development shall adopt rules
under chapter 17A for the administration of this chapter.
Sec. 2247. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 259.1 to section 84G.1.
b. Section 259.2 to section 84G.2.
c. Section 259.3 to section 84G.3.
d. Section 259.4 to section 84G.4.
e. Section 259.5 to section 84G.5.
f. Section 259.6 to section 84G.6.
g. Section 259.7 to section 84G.7.
h. Section 259.8 to section 84G.8.
i. Section 259.9 to section 84G.9.
j. Section 259.10 to section 84G.10.
-1262- 2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2248. TRANSITION PROVISION. The agreement between the
director of the department of education and the commissioner of
the United States social security administration under section
259.9 shall remain in full force and effect until amended,
repealed, or supplemented by the United States social security
administration or by the department of workforce development.
APPRENTICESHIP TRAINING PROGRAM
Sec. 2249. Section 15.106A, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. That through this section and section 15.106B, the
authority has been granted broad general powers and specific
program powers over all of the authority’s statutory programs,
including but not limited to the programs created pursuant to
chapters 15, 15A, 15B, 15C, 15E, and 15J.
Sec. 2250. Section 15B.2, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2251. Section 15B.2, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 6A. “Department” means the department of
workforce development.
NEW SUBSECTION. 9A. “Targeted industries” means the
industries of advanced manufacturing, biosciences, and
information technology.
Sec. 2252. Section 15B.2, subsection 7, Code 2023, is
amended to read as follows:
7. “Financial assistance” means assistance provided only
from the funds, rights, and assets legally available to
the authority department and includes but is not limited to
assistance in the forms of grants, loans, forgivable loans, and
royalty payments.
Sec. 2253. Section 15B.3, subsections 1, 2, 3, and 4, Code
2023, are amended to read as follows:
-1263- 1. An apprenticeship training program fund is created as a
revolving fund in the state treasury under the control of the
authority department.
2. The fund shall consist of moneys appropriated for
purposes of the apprenticeship training program, and any other
moneys lawfully available to the authority department for
purposes of this chapter.
3. Moneys in the fund are appropriated to the authority
department for the purposes of this chapter.
4. No more than two percent of the total moneys deposited
in the fund on July 1 of a fiscal year is appropriated to the
authority department for the purposes of administering this
chapter.
Sec. 2254. Section 15B.3, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 2255. Section 15B.4, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. An apprenticeship sponsor or lead apprenticeship
sponsor that conducts an apprenticeship program that is
registered with the United States department of labor, office
of apprenticeship, through Iowa, for apprentices who will
be employed at worksites located in this state may apply to
the authority department for financial assistance under this
section if the apprenticeship program includes a minimum of one
hundred contact hours per apprentice for each training year of
the apprenticeship program.
Sec. 2256. Section 15B.4, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The authority department shall provide financial assistance
in the form of training grants to eligible apprenticeship
sponsors or lead apprenticeship sponsors in the following
manner:
Sec. 2257. Section 15B.4, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An apprenticeship sponsor or lead apprenticeship sponsor
-1264-seeking financial assistance under this section shall provide
the following information to the authority department:
Sec. 2258. Section 15B.4, subsection 3, paragraph e, Code
2023, is amended to read as follows:
e. Any other information the authority department reasonably
determines is necessary.
Sec. 2259. Section 15B.4, subsection 4, Code 2023, is
amended to read as follows:
4. The apprenticeship sponsor or lead apprenticeship
sponsor and the authority department shall enter into an
agreement regarding the provision of any financial assistance
to the apprenticeship sponsor or lead apprenticeship sponsor.
Sec. 2260. NEW SECTION. 15B.5 Rules.
The department shall adopt rules to administer this chapter.
Sec. 2261. 2021 Iowa Acts, chapter 45, section 5, is amended
to read as follows:
SEC. 5. APPLICABILITY. This Act applies to financial
assistance provided by the economic development authority to
apprenticeship sponsors and lead apprenticeship sponsors that
apply for financial assistance on or after July 1, 2021, and on
or before June 30, 2023.
Sec. 2262. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 15B.1 to section 84D.1.
b. Section 15B.2 to section 84D.2.
c. Section 15B.3 to section 84D.3.
d. Section 15B.4 to section 84D.4.
e. Section 15B.5 to section 84D.5.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
Sec. 2263. TRANSITION PROVISION. All agreements entered
into by an apprenticeship sponsor or lead apprenticeship
sponsor and the economic development authority regarding the
-1265-provision of any financial assistance to the apprenticeship
sponsor or lead apprenticeship sponsor prior to the effective
date of this division of this Act shall be valid and continue
as provided in the terms of the agreement.
FUTURE READY IOWA REGISTERED APPRENTICESHIP DEVELOPMENT PROGRAM
Sec. 2264. Section 15C.1, subsection 1, paragraph f, Code
2023, is amended by striking the paragraph and inserting in
lieu thereof the following:
f. “Department” means the department of workforce
development.
Sec. 2265. Section 15C.1, subsection 1, paragraphs g and h,
Code 2023, are amended to read as follows:
g. “Eligible apprenticeable occupation” means an
apprenticeable occupation identified by the workforce
development board or a community college pursuant to section
84A.1B, subsection 14, as a high-demand job, after consultation
with the authority.
h. “Financial assistance” means assistance provided only
from the funds, rights, and assets legally available to
the authority department and includes but is not limited
to assistance in the form of a reimbursement grant to
support the costs associated with establishing a new
eligible apprenticeable occupation or an additional eligible
apprenticeable occupation in an applicant’s apprenticeship
program.
Sec. 2266. Section 15C.1, subsection 2, Code 2023, is
amended to read as follows:
2. Program created. Subject to an appropriation of funds
by the general assembly for this purpose, a future ready Iowa
registered apprenticeship development program is created
which shall be administered by the authority department. The
purpose of the program is to provide financial assistance to
incentivize small and medium-sized apprenticeship sponsors to
establish new or additional eligible apprenticeable occupations
in the apprenticeship sponsor’s apprenticeship program in order
-1266-to support the growth of apprenticeship programs and expand
high-quality work-based learning experiences in high-demand
fields and careers for persons who are employed in eligible
apprenticeable occupations in Iowa.
Sec. 2267. Section 15C.1, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An apprenticeship sponsor may apply to the authority
department, on forms provided by the authority department and
in accordance with the authority’s department’s instructions,
to receive financial assistance under the program. The
authority department shall provide upon request and on the
authority’s department’s internet site information about the
program, the application, application instructions, and the
application period established each year for funding available
under the program. The application shall include a description
of how the financial assistance awarded under this section
would be used to establish an apprenticeship program or add new
or additional apprenticeable occupations to the apprenticeship
sponsor’s apprenticeship program and the anticipated program
expenses identified by the applicant.
Sec. 2268. Section 15C.1, subsection 3, paragraph a,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Twenty or fewer apprentices are registered in the
existing apprenticeship program as of December 31 of the
calendar year prior to the date the authority department
receives the apprenticeship sponsor’s application.
(2) More than seventy percent of the applicant’s
apprentices shall be are residents of Iowa, and the remainder
of the applicant’s apprentices shall be are residents of states
contiguous to Iowa. In determining the number of apprentices
in an applicant’s apprenticeship program, the authority
department may calculate the average number of apprentices in
the program within the most recent two-year period.
Sec. 2269. Section 15C.1, subsections 4 and 5, Code 2023,
-1267-are amended to read as follows:
4. Rules. The authority department shall adopt rules
pursuant to chapter 17A establishing a staff review and
application approval process, application scoring criteria, the
minimum score necessary for approval of financial assistance,
procedures for notification of an award of financial
assistance, the terms of agreement between the apprenticeship
sponsor and the authority department, and any other rules
deemed necessary for the implementation and administration of
this section.
5. Agreement. Prior to distributing financial assistance
under this section, the authority department shall enter
into an agreement with the apprenticeship sponsor awarded
financial assistance in accordance with this section, and the
financial assistance recipient shall confirm the expenses for
establishing the program or adding the additional occupations
as identified in the approved application, and shall meet all
terms established by the authority department for receipt of
financial assistance under this section.
Sec. 2270. Section 15C.1, subsection 6, paragraph b, Code
2023, is amended to read as follows:
b. Notwithstanding section 8.33, moneys appropriated to the
authority department by the general assembly for purposes of
this section that remain unencumbered or unobligated at the
end of the fiscal year shall not revert to the general fund
but shall remain available for expenditure for the purposes
designated in subsequent fiscal years.
Sec. 2271. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 15C.1 to section 84E.1.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section, including references to chapter 15C.
Sec. 2272. TRANSITION PROVISION. All agreements entered
-1268-into by an apprenticeship sponsor and the economic development
authority under section 15C.1, subsection 5, prior to the
effective date of this division of this Act shall be valid and
continue as provided in the terms of the agreement.
FUTURE READY IOWA EXPANDED REGISTERED APPRENTICESHIP
OPPORTUNITIES PROGRAM
Sec. 2273. Section 15C.2, subsection 1, paragraph e, Code
2023, is amended by striking the paragraph and inserting in
lieu thereof the following:
e. “Department” means the department of workforce
development.
Sec. 2274. Section 15C.2, subsection 1, paragraph h, Code
2023, is amended to read as follows:
h. “Financial assistance” means assistance provided only
from the funds, rights, and assets legally available to
the authority department and includes but is not limited
to assistance in the form of a reimbursement grant of one
thousand dollars per apprentice in an eligible apprenticeable
occupation.
Sec. 2275. Section 15C.2, subsection 2, Code 2023, is
amended to read as follows:
2. Program created. Subject to an appropriation of funds
by the general assembly for this purpose, a future ready Iowa
expanded registered apprenticeship opportunities program
is created which shall be administered by the authority
department. The purpose of the program is to provide
financial assistance to encourage apprenticeship sponsors of
apprenticeship programs with twenty or fewer apprentices to
maintain apprenticeship programs in high-demand occupations.
Sec. 2276. Section 15C.2, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
An eligible apprenticeship sponsor may apply to the
authority department, on forms provided by the authority
department and in accordance with the authority’s department’s
instructions, to receive financial assistance under the
-1269-program. The authority department shall provide upon request
and on the authority’s department’s internet site information
about the program, the application, application instructions,
and the application period established each year for funding
available under the program.
Sec. 2277. Section 15C.2, subsection 3, paragraph a,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Twenty or fewer apprentices are registered in the
apprenticeship program as of December 31 of the calendar
year prior to the date the authority department receives the
eligible apprenticeship sponsor’s application.
(2) More than seventy percent of the applicant’s
apprentices are residents of Iowa, and the remainder of the
applicant’s apprentices are residents of states contiguous
to Iowa. In determining the number of apprentices in an
applicant’s apprenticeship program, the authority department
may calculate the average number of apprentices in the program
within the most recent two-year period.
Sec. 2278. Section 15C.2, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. Rules. The authority department shall adopt rules
pursuant to chapter 17A establishing a staff review and
application approval process, application scoring criteria, the
minimum score necessary for approval of financial assistance,
procedures for notification of an award of financial
assistance, the terms of agreement between the apprenticeship
sponsor and the authority department, and any other rules
deemed necessary for the implementation and administration of
this section.
5. Agreement. Prior to distributing financial assistance
under this section, the authority department shall enter into
an agreement with the eligible apprenticeship sponsor awarded
financial assistance in accordance with this section, and
the financial assistance recipient shall confirm the number
-1270-of apprentices in eligible apprenticeable occupations as
identified in the approved application, and shall meet all
terms established by the authority department for receipt of
financial assistance under this section.
Sec. 2279. Section 15C.2, subsection 7, paragraph b, Code
2023, is amended to read as follows:
b. Notwithstanding section 8.33, moneys appropriated to the
authority department by the general assembly for purposes of
this section that remain unencumbered or unobligated at the
end of the fiscal year shall not revert to the general fund
but shall remain available for expenditure for the purposes
designated in subsequent fiscal years.
Sec. 2280. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 15C.2 to section 84E.2.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section, including references to chapter 15C.
Sec. 2281. TRANSITION PROVISION. All agreements entered
into by an apprenticeship sponsor and the economic development
authority under section 15C.2, subsection 5, regarding the
provision of any financial assistance to the apprenticeship
sponsor prior to the effective date of this division of this
Act shall be valid and continue as provided in the terms of the
agreement.
EMPLOYMENT AGENCIES
Sec. 2282. Section 94A.1, subsection 2, Code 2023, is
amended to read as follows:
2. “Commissioner” “Director” means the labor commissioner,
appointed pursuant to section 91.2, director of the department
of workforce development or the labor commissioner’s director’s
designee.
Sec. 2283. Section 94A.2, Code 2023, is amended to read as
follows:
-1271- 94A.2 Licensing.
1. An employment agency shall obtain a license from the
commissioner director prior to transacting any business.
Licenses expire on June 30 of each year.
2. A license application shall be in the form prescribed by
the commissioner director and shall be accompanied by all of
the following:
a. A surety company bond in the sum of thirty thousand
dollars, to be approved by the commissioner director and
conditioned to pay any damages that may accrue to any person
due to a wrongful act or violation of law on the part of the
applicant in the conduct of business.
b. The schedule of fees to be charged by the employment
agency.
c. All contract forms to be signed by an employee.
d. An application fee of seventy-five dollars.
3. The commissioner director shall grant or deny a license
within thirty days from the filing date of a completed
application.
4. The commissioner director may revoke, suspend, or annul a
license in accordance with chapter 17A upon good cause pursuant
to rules adopted by the director.
Sec. 2284. Section 94A.4, subsection 4, paragraph d, Code
2023, is amended to read as follows:
d. Charge an employee any fee greater than the fee schedule
on file with the commissioner director without prior consent
of the commissioner director.
Sec. 2285. Section 94A.5, Code 2023, is amended to read as
follows:
94A.5 Powers and duties of the commissioner director.
1. At any time, the commissioner The director may examine
the records, books, and any papers relating to the conduct and
operation of an employment agency at any time.
2. The commissioner shall adopt rules pursuant to chapter
17A to administer this chapter.
-1272- Sec. 2286. Section 94A.6, Code 2023, is amended to read as
follows:
94A.6 Violations.
1. A person who violates a provision of this chapter or who
refuses the commissioner director access to records, books, and
papers pursuant to an examination under section 94A.5 shall be
guilty of a simple misdemeanor.
2. If a person violates a provision of this chapter or
refuses the commissioner director access to records, books,
and papers pursuant to an examination under section 94A.5, the
commissioner director shall assess a civil penalty against the
person in an amount not greater than two thousand dollars.
Sec. 2287. NEW SECTION. 94A.7 Rules.
1. The director shall adopt rules pursuant to chapter 17A to
administer this chapter.
2. The director may establish rules pursuant to chapter
17A to assess and collect interest on fees and penalties owed
to the department of workforce development. The director may
delay or, following written notice, deny the issuance of a
license, if the applicant for the license owes a debt to the
department of workforce development.
Sec. 2288. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 94A.1 to section 84H.1.
b. Section 94A.2 to section 84H.2.
c. Section 94A.3 to section 84H.3.
d. Section 94A.4 to section 84H.4.
e. Section 94A.5 to section 84H.5.
f. Section 94A.6 to section 84H.6.
g. Section 94A.7 to section 84H.7.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
REPORTS AND RECORDS
-1273- Sec. 2289. Section 91.12, Code 2023, is amended to read as
follows:
91.12 Reports and records to division of labor services.
1. An owner, operator, or manager of every factory,
mill, workshop, mine, store, railway, business house, public
or private work, or any other establishment where labor is
employed, shall submit to the division of labor services
department of workforce development reports in the form
and manner prescribed by the commissioner director of the
department of workforce development by rule, for the purpose of
compiling labor statistics. The owner, operator, or business
manager shall submit the reports within sixty days from receipt
of notice, and shall certify under oath the accuracy of the
reports. For purposes of this section, “factory”, “mill”,
“workshop”, “mine”, “store”, “railway”, “business house”, and
“public or private work” shall mean any factory, mill, workshop,
mine, store, railway, business house, or public or private work
where wage earners are employed for compensation.
2. Notwithstanding chapter 22, records containing submitted
under subsection 1 that contain identifiable financial
institution or credit card account numbers obtained by the
commissioner shall be kept confidential.
3. a. Any officer or employee of the department of
workforce development who makes unlawful use of a report
submitted under subsection 1 shall be guilty of a serious
misdemeanor.
b. Any person who has access to a report submitted under
subsection 1 who makes unlawful use of the report shall be
guilty of a serious misdemeanor.
c. Any owner, operator, or manager of a factory, mill,
workshop, mine, store, railway, business house, or public or
private work who fails to submit the report required under
subsection 1 shall be guilty of a simple misdemeanor.
4. The director of the department of workforce development
shall adopt rules pursuant to chapter 17A to administer this
-1274-section.
Sec. 2290. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 91.12 to section 84A.18.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
ADULT EDUCATION
Sec. 2291. NEW SECTION. 84A.19 Adult education and literacy
programs.
1. For purposes of this section, unless the context
otherwise requires:
a. “Adult education and literacy programs” means adult basic
education, adult education leading to a high school equivalency
diploma under chapter 259A, English as a second language
instruction, and workplace and family literacy instruction.
b. “Community colleges” means the same as defined in section
260C.2.
2. The department of workforce development and community
colleges shall jointly implement adult education and literacy
programs to assist adults and youths sixteen years of age and
older who are not in school in obtaining the knowledge and
skills necessary for further education, work, and community
involvement.
3. The department of workforce development, in consultation
with community colleges, shall prescribe standards for adult
education and literacy programs including but not limited
to contextualized and integrated instruction, assessments,
instructor qualification and professional development, data
collection and reporting, and performance benchmarks.
4. The department of workforce development, in consultation
with community colleges, shall adopt rules pursuant to chapter
17A to administer this section.
Sec. 2292. Section 260C.50, Code 2023, is amended to read
-1275-as follows:
260C.50 Adult education and literacy programs.
1. For purposes of this section, “adult education and
literacy programs” means adult basic education, adult education
leading to a high school equivalency diploma under chapter
259A, English as a second language instruction, workplace and
family literacy instruction, or integrated basic education and
technical skills instruction.
2. The department and the community colleges shall jointly
implement adult education and literacy programs to assist
adults and youths sixteen years of age and older who are not
in school in obtaining the knowledge and skills necessary for
further education, work, and community involvement.
3. The state board, in consultation with the community
colleges, shall prescribe standards for adult education and
literacy programs including but not limited to contextualized
and integrated instruction, assessments, instructor
qualification and professional development, data collection and
reporting, and performance benchmarks.
4. The state board, in consultation with the community
colleges, shall adopt rules pursuant to chapter 17A to
administer this section.
DIVISION XII
DEPARTMENT OF REVENUE
IOWA LOTTERY
Sec. 2293. Section 7E.6, subsection 3, Code 2023, is amended
to read as follows:
3. Any position of membership on the board of the Iowa
lottery authority board created in section 99G.8 shall receive
compensation of fifty dollars per day and expenses.
Sec. 2294. Section 68B.35, subsection 2, paragraph e, Code
2023, is amended to read as follows:
e. Members of the state banking council, the Iowa ethics
and campaign disclosure board, the credit union review board,
the economic development authority, the employment appeal
-1276-board, the environmental protection commission, the health
facilities council, the Iowa finance authority, the Iowa public
employees’ retirement system investment board, the board of
the Iowa lottery authority board created in section 99G.8, the
natural resource commission, the board of parole, the petroleum
underground storage tank fund board, the public employment
relations board, the state racing and gaming commission, the
state board of regents, the transportation commission, the
office of consumer advocate, the utilities board, the Iowa
telecommunications and technology commission, and any full-time
members of other boards and commissions as defined under
section 7E.4 who receive an annual salary for their service
on the board or commission. The Iowa ethics and campaign
disclosure board shall conduct an annual review to determine
if members of any other board, commission, or authority should
file a statement and shall require the filing of a statement
pursuant to rules adopted pursuant to chapter 17A.
Sec. 2295. Section 99B.1, subsection 22, Code 2023, is
amended to read as follows:
22. “Merchandise” means goods or services that are bought
and sold in the regular course of business. “Merchandise”
includes lottery tickets or shares sold or authorized under
chapter 99G. The value of the lottery ticket or share is the
price of the lottery ticket or share as established by the Iowa
lottery authority department of revenue pursuant to chapter
99G. “Merchandise” includes a gift card if the gift card is not
redeemable for cash.
Sec. 2296. Section 99G.1, Code 2023, is amended to read as
follows:
99G.1 Title.
This chapter may be cited as the “Iowa Lottery Authority
Act”.
Sec. 2297. Section 99G.2, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 2298. Section 99G.3, subsections 2 and 4, Code 2023,
-1277-are amended by striking the subsections.
Sec. 2299. Section 99G.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 1A. “Administrator” means the administrator
of the Iowa lottery appointed pursuant to section 99G.5.
NEW SUBSECTION. 4A. “Department” means the department of
revenue.
NEW SUBSECTION. 4B. “Director” means the director of the
department of revenue or the director’s designee.
NEW SUBSECTION. 4C. “Division” means the Iowa lottery
division of the department of revenue.
Sec. 2300. Section 99G.3, subsections 3, 7, 14, and 18, Code
2023, are amended to read as follows:
3. “Board” means the board of directors of the authority
Iowa lottery created in section 99G.8.
7. “Lottery”, “lotteries”, “lottery game”, “lottery games”,
or “lottery products” means any game of chance approved by the
board and operated pursuant to this chapter and games using
mechanical or electronic devices, provided that the authority
division shall not authorize a monitor vending machine or a
player-activated gaming machine that utilizes an internal
randomizer to determine winning and nonwinning plays and that
upon random internal selection of a winning play dispenses
coins, currency, or a ticket, credit, or token to the player
that is redeemable for cash or a prize, and excluding gambling
or gaming conducted pursuant to chapter 99B, 99D, or 99F.
14. “Retailer” means a person who sells lottery tickets
or shares on behalf of the authority division pursuant to a
license issued by the authority department.
18. “Vendor” means a person who provides or proposes to
provide goods or services to the authority department pursuant
to a major procurement contract, but does not include an
employee of the authority department under this chapter, a
retailer, or a state agency or instrumentality thereof.
Sec. 2301. Section 99G.3, subsection 8, Code 2023, is
-1278-amended by striking the subsection.
Sec. 2302. Section 99G.4, Code 2023, is amended to read as
follows:
99G.4 Iowa lottery authority created.
1. An Iowa lottery authority is created, effective
September 1, 2003, which shall administer the state lottery be
administered by the division. The authority shall be deemed to
be a public authority and an instrumentality of the state, and
not a state agency. However, the authority shall be considered
a state agency for purposes of chapters 17A, 21, 22, 28E, 68B,
91B, 97B, 509A, and 669.
2. The income and property of the authority department under
this chapter shall be exempt from all state and local taxes,
and the sale of lottery tickets and shares issued and sold by
the authority division and its retail licensees shall be exempt
from all state and local sales taxes.
Sec. 2303. Section 99G.5, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
99G.5 Lottery administrator.
1. An administrator of the lottery under this chapter shall
be appointed by the governor subject to confirmation by the
senate and shall serve at the pleasure of the governor. The
administrator shall be qualified by training and experience to
manage a lottery.
2. The salary of the lottery administrator shall be set by
the governor within the applicable salary range established by
the general assembly.
3. The lottery administrator shall be an employee of the
department and shall direct the day-to-day operations and
management of the lottery under this chapter as specified by
the director.
Sec. 2304. Section 99G.6, Code 2023, is amended to read as
follows:
99G.6 Power to administer oaths and take testimony —
subpoena.
-1279- The chief executive officer administrator or the chief
executive officer’s administrator’s designee if authorized
to conduct an inquiry, investigation, or hearing under
this chapter may administer oaths and take testimony under
oath relative to the matter of inquiry, investigation, or
hearing. At a hearing ordered by the chief executive officer
administrator, the chief executive officer administrator or the
designee may subpoena witnesses and require the production of
records, paper, or documents pertinent to the hearing.
Sec. 2305. Section 99G.7, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The chief executive officer of the authority administrator
shall direct and supervise all administrative and technical
activities in accordance with the provisions of this
chapter and with the administrative rules, policies, and
procedures adopted by the board. The chief executive officer
administrator shall do all of the following:
Sec. 2306. Section 99G.7, subsection 1, paragraphs b and c,
Code 2023, are amended by striking the paragraphs.
Sec. 2307. Section 99G.7, subsection 1, paragraphs d, e, f,
g, and i, Code 2023, are amended to read as follows:
d. Promote or provide for promotion of the lottery and any
functions related to the authority division under this chapter.
e. Prepare a budget for the approval of the board director
for activities of the division under this chapter.
f. Require bond from such retailers and vendors in such
amounts as required by the board division.
g. Report semiannually to the general assembly’s standing
committees on government oversight regarding the operations of
the authority division.
i. Perform other duties generally associated with a chief
executive officer of an authority of an entrepreneurial nature
as necessary to administer this chapter.
Sec. 2308. Section 99G.7, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
-1280- 2. The chief executive officer administrator shall conduct
an ongoing study of the operation and administration of lottery
laws similar to this chapter in other states or countries,
of available literature on the subject, of federal laws and
regulations which may affect the operation of the lottery
and of the reaction of citizens of this state to existing
or proposed features of lottery games with a view toward
implementing improvements that will tend to serve the purposes
of this chapter.
3. The chief executive officer director may for good cause
suspend, revoke, or refuse to renew any contract entered into
in accordance with the provisions of this chapter or the
administrative rules, policies, and procedures of the board.
4. The chief executive officer or the chief executive
officer’s designee administrator or the administrator’s
designee may conduct hearings and administer oaths to persons
for the purpose of assuring the security or integrity of
lottery operations or to determine the qualifications of or
compliance by vendors and retailers.
Sec. 2309. Section 99G.8, subsections 1, 4, 6, and 13, Code
2023, are amended to read as follows:
1. The authority shall be administered by a A board of
directors comprised of five members appointed by the governor
subject to confirmation by the senate is created within the
department. Board members appointed when the senate is not
in session shall serve only until the end of the next regular
session of the general assembly, unless confirmed by the
senate.
4. No officer or employee of the authority department shall
be a member of the board.
6. A majority of members in office shall constitute a quorum
for the transaction of any business and for the exercise of any
power or function of the authority board.
13. Board members shall not have any direct or indirect
interest in an undertaking that puts their personal interest
-1281-in conflict with that of the authority department under this
chapter including but not limited to an interest in a major
procurement contract or a participating retailer.
Sec. 2310. Section 99G.8, subsection 15, Code 2023, is
amended by striking the subsection.
Sec. 2311. Section 99G.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The board shall provide the chief executive officer director
and the administrator with private-sector perspectives of a
large marketing enterprise. The board shall do all of the
following:
Sec. 2312. Section 99G.9, subsections 1 and 5, Code 2023,
are amended by striking the subsections.
Sec. 2313. Section 99G.9, subsection 2, Code 2023, is
amended to read as follows:
2. Approve, disapprove, amend, or modify the terms of major
lottery procurements recommended by the chief executive officer
administrator.
Sec. 2314. Section 99G.9, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Adopt policies and procedures and promulgate administrative
rules pursuant to chapter 17A relating to the management and
operation of the authority Iowa lottery. The administrative
rules promulgated pursuant to this subsection may include but
shall not be limited to the following:
Sec. 2315. Section 99G.9, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. The number and amount of prizes, including but not
limited to prizes of free tickets or shares in lottery games
conducted by the authority division and merchandise prizes.
The authority division shall maintain and make available for
public inspection at its offices during regular business hours
a detailed listing of the estimated number of prizes of each
particular denomination that are expected to be awarded in
any game that is on sale or the estimated odds of winning the
-1282-prizes and, after the end of the claim period, shall maintain
and make available a listing of the total number of tickets
or shares sold in a game and the number of prizes of each
denomination that were awarded.
Sec. 2316. Section 99G.9, subsection 3, paragraph j, Code
2023, is amended by striking the paragraph.
Sec. 2317. Section 99G.9, subsection 4, Code 2023, is
amended to read as follows:
4. Adopt game specific rules. The promulgation of game
specific rules shall not be subject to the requirements of
chapter 17A. However, game specific rules shall be made
available to the public prior to the time the games go on
sale and shall be kept on file at the office of the authority
division.
Sec. 2318. Section 99G.10, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
99G.10 Lottery personnel.
1. An employee of the division shall not have a financial
interest in any vendor doing business or proposing to do
business with the department under this chapter. However, an
employee may own shares of a mutual fund which may hold shares
of a vendor corporation provided the employee does not have the
ability to influence the investment functions of the mutual
fund.
2. An employee of the division with decision-making
authority under this chapter shall not participate in any
decision involving a retailer with whom the employee has a
financial interest.
3. A background investigation shall be conducted by
the department of public safety, division of criminal
investigation, on each applicant who has reached the final
selection process prior to employment by the department under
this chapter. For positions not designated as sensitive by the
department, the investigation may consist of a state criminal
history background check, work history, and financial review.
-1283-The department shall identify those sensitive positions of
the division which require full background investigations,
which positions shall include, at a minimum, any officer of
the division, and any employee with operational management
responsibilities, security duties, or system maintenance or
programming responsibilities related to the division’s data
processing or network hardware, software, communication, or
related systems under this chapter. In addition to a work
history and financial review, a full background investigation
may include a national criminal history check through the
federal bureau of investigation. The screening of employees
through the federal bureau of investigation shall be conducted
by submission of fingerprints through the state criminal
history repository to the federal bureau of investigation. The
results of background investigations conducted pursuant to this
section shall not be considered public records under chapter
22.
4. A person who has been convicted of a felony or bookmaking
or other form of illegal gambling or of a crime involving moral
turpitude shall not be employed by the department under this
chapter.
5. The department shall bond employees with access to Iowa
lottery funds or lottery revenue under this chapter in such
an amount as provided by the department and may bond other
employees under this chapter as deemed necessary.
Sec. 2319. Section 99G.11, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A member of the board, any officer, or other employee
of the authority division shall not directly or indirectly,
individually, as a member of a partnership or other
association, or as a shareholder, director, or officer of a
corporation have an interest in a business that contracts for
the operation or marketing of the lottery as authorized by this
chapter, unless the business is controlled or operated by a
consortium of lotteries in which the authority division has an
-1284-interest.
2. Notwithstanding the provisions of chapter 68B, a
person contracting or seeking to contract with the state to
supply gaming equipment or materials for use in the operation
of the lottery, an applicant for a license to sell tickets
or shares in the lottery, or a retailer shall not offer a
member of the board, any officer, or other employee of the
authority division, or a member of their immediate family a
gift, gratuity, or other thing having a value of more than the
limits established in chapter 68B, other than food and beverage
consumed at a meal. For purposes of this subsection, “member
of their immediate family” means a spouse, child, stepchild,
brother, brother-in-law, stepbrother, sister, sister-in-law,
stepsister, parent, parent-in-law, or step-parent of the board
member, the officer, or other employee who resides in the same
household in the same principal residence of the board member,
officer, or other employee.
3. If a board member, officer, or other employee of the
authority division violates a provision of this section, the
board member, officer, or employee shall be immediately removed
from the office or position.
Sec. 2320. Section 99G.12, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. The self-service kiosk shall be owned or leased by the
authority department.
b. The self-service kiosk shall only be located in a retail
location licensed by the authority division pursuant to this
chapter. The authority division shall determine, in its sole
discretion, the placement of the self-service kiosk.
Sec. 2321. Section 99G.21, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. Funds of the state shall not be used or obligated to pay
the expenses or prizes of the authority department under this
chapter.
3. Notwithstanding any other provision of law, any
-1285-purchase of real property and any borrowing of more than one
million dollars by the authority department for purposes of
this chapter shall require written notice from the authority
department to the general assembly’s standing committees on
government oversight and the prior approval of the executive
council.
4. The powers enumerated in this section are cumulative of
and in addition to those powers enumerated elsewhere in this
chapter and no such powers limit or restrict any other powers
of the authority department under this chapter.
5. Departments, boards, commissions, or other agencies of
this state shall provide reasonable assistance and services to
the authority department for purposes of this chapter upon the
request of the chief executive officer director.
Sec. 2322. Section 99G.21, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The authority shall have any and all powers necessary
or convenient to carry out and effectuate department, in
carrying out the purposes and provisions of this chapter which
are not in conflict with the Constitution of the State of
Iowa, including, but without limiting the generality of the
foregoing, shall have the following powers:
Sec. 2323. Section 99G.21, subsection 2, paragraphs h, i, l,
p, and q, Code 2023, are amended by striking the paragraphs.
Sec. 2324. Section 99G.22, subsections 1, 3, 4, and 6, Code
2023, are amended to read as follows:
1. The authority department shall investigate the financial
responsibility, security, and integrity of any lottery system
vendor who is a finalist in submitting a bid, proposal, or
offer as part of a major procurement contract. Before a major
procurement contract is awarded, the division of criminal
investigation of the department of public safety shall conduct
a background investigation of the vendor to whom the contract
is to be awarded. The chief executive officer and board
administrator shall consult with the division of criminal
-1286-investigation and shall provide for the scope of the background
investigation and due diligence to be conducted in connection
with major procurement contracts. At the time of submitting
a bid, proposal, or offer to the authority department on a
major procurement contract, the authority shall require that
each vendor shall be required to submit to the division of
criminal investigation appropriate investigation authorization
to facilitate this investigation, together with an advance
of funds to meet the anticipated investigation costs. If
the division of criminal investigation determines that
additional funds are required to complete an investigation,
the vendor will be so advised. The background investigation
by the division of criminal investigation may include a
national criminal history check through the federal bureau of
investigation. The screening of vendors or their employees
through the federal bureau of investigation shall be conducted
by submission of fingerprints through the state criminal
history repository to the federal bureau of investigation.
3. A major procurement contract shall not be entered into
with any lottery system vendor who has not complied with
the disclosure requirements described in this section, and
anycontract with such a vendor is voidable at the option
of the authority. Any contract with a vendor that does not
comply with the requirements for periodically updating such
disclosures during the tenure of the contract as may be
specified in such contract may be terminated by the authority.
The provisions of this section shall be construed broadly
and liberally to achieve the ends of full disclosure of
all information necessary to allow for a full and complete
evaluation by the authority department of the competence,
integrity, background, and character of vendors for major
procurements.
4. A major procurement contract shall not be entered into
with any vendor who has been found guilty of a felony related
to the security or integrity of the lottery in this or any
-1287-other jurisdiction.
6. If, based on the results of a background investigation,
the board department determines that the best interests of
the authority department, including but not limited to the
authority’s department’s reputation for integrity, would be
served thereby, the board department may disqualify a potential
vendor from contracting with the authority department for a
major procurement contract or from acting as a subcontractor in
connection with a contract for a major procurement contract.
Sec. 2325. Section 99G.22, subsection 5, Code 2023, is
amended by striking the subsection.
Sec. 2326. Section 99G.23, Code 2023, is amended to read as
follows:
99G.23 Vendor bonding, and tax filing, and competitive
bidding.
1. The authority may purchase, lease, or lease-purchase
such goods or services as are necessary for effectuating the
purposes of this chapter. The authority division may make
procurements that integrate functions such as lottery game
design, lottery ticket distribution to retailers, supply of
goods and services, and advertising. In all procurement
decisions under this chapter, the authority division shall
take into account the particularly sensitive nature of the
lottery and shall act to promote and ensure security, honesty,
fairness, and integrity in the operation and administration
of the lottery and the objectives of raising net proceeds for
state programs.
2. Each vendor shall, at the execution of the contract
with the authority division, post a performance bond or letter
of credit from a bank or credit provider acceptable to the
authority division in an amount as deemed necessary by the
authority division for that particular bid or contract.
3. Each vendor shall be qualified to do business in this
state and shall file appropriate tax returns as provided by the
laws of this state.
-1288- 4. All major procurement contracts must be competitively
bid pursuant to policies and procedures approved by the board
unless there is only one qualified vendor and that vendor has
an exclusive right to offer the service or product.
Sec. 2327. Section 99G.24, Code 2023, is amended to read as
follows:
99G.24 Retailer compensation — licensing.
1. The general assembly recognizes that to conduct a
successful lottery, the authority department must develop and
maintain a statewide network of lottery retailers that will
serve the public convenience and promote the sale of tickets
or shares and the playing of lottery games while ensuring the
integrity of the lottery operations, games, and activities.
2. The board shall determine the compensation to be paid
to licensed retailers. Compensation may include provision
for variable payments based on sales volume or incentive
considerations.
3. The authority department shall issue a license
certificate to each person with whom it contracts as a retailer
for purposes of display as provided in this section. Every
lottery retailer shall post its license certificate, or a
facsimile thereof, and keep it conspicuously displayed in a
location on the premises accessible to the public. No license
shall be assignable or transferable. Once issued, a license
shall remain in effect until canceled, suspended, or terminated
by the authority department.
4. A licensee under this section shall cooperate with the
authority department by using point-of-purchase materials,
posters, and other marketing material when requested to do so
by the authority department. Lack of cooperation is sufficient
cause for revocation of a retailer’s license.
5. The board shall develop a list of objective criteria upon
which the qualification of lottery retailers shall be based.
Separate criteria shall be developed to govern the selection
of retailers of instant tickets and on-line retailers. In
-1289-developing these criteria, the board shall consider such
factors as the applicant’s financial responsibility, security
of the applicant’s place of business or activity, accessibility
to the public, integrity, and reputation. The criteria shall
include but not be limited to the volume of expected sales
and the sufficiency of existing licensees to serve the public
convenience.
6. The applicant shall be current in filing all applicable
tax returns to the state of Iowa and in payment of all taxes,
interest, and penalties owed to the state of Iowa, excluding
items under formal appeal pursuant to applicable statutes. The
department of revenue is authorized and directed to provide
this information to the authority those employees of the
division designated to receive this information.
7. A person, partnership, unincorporated association,
authority, or other business entity shall not be selected as
a lottery retailer if the person or entity meets any of the
following conditions:
a. Has been convicted of a criminal offense related to
the security or integrity of the lottery in this or any other
jurisdiction.
b. Has been convicted of any illegal gambling activity,
false statements, perjury, fraud, or a felony in this or any
other jurisdiction.
c. Has been found to have violated the provisions of
this chapter or any regulation, policy, or procedure of
the authority or of the lottery division unless either ten
years have passed since the violation or the board finds the
violation both minor and unintentional in nature.
d. Is a vendor or any employee or agent of any vendor doing
business with the authority department under this chapter or
the division.
e. Resides in the same household as an officer of the
authority division.
f. Is less than eighteen years of age.
-1290- g. Does not demonstrate financial responsibility sufficient
to adequately meet the requirements of the proposed enterprise.
h. Has not demonstrated that the applicant is the true
owner of the business proposed to be licensed and that all
persons holding at least a ten percent ownership interest in
the applicant’s business have been disclosed.
i. Has knowingly made a false statement of material fact to
the authority department.
8. Persons applying to become lottery retailers may be
charged a uniform application fee for each lottery outlet.
9. Any lottery retailer contract executed pursuant to
this section may, for good cause, be suspended, revoked, or
terminated by the chief executive officer director or the
chief executive officer’s director’s designee if the retailer
is found to have violated any provision of this chapter
or objective criteria established by the board. Cause for
suspension, revocation, or termination may include, but is not
limited to, sale of tickets or shares to a person under the
age of twenty-one and failure to pay for lottery products in a
timely manner.
Sec. 2328. Section 99G.25, Code 2023, is amended to read as
follows:
99G.25 License not assignable.
Any lottery retailer license certificate or contract shall
not be transferable or assignable. The authority department
may issue a temporary license when deemed in the best interests
of the state. A lottery retailer shall not contract with any
person for lottery goods or services, except with the approval
of the board.
Sec. 2329. Section 99G.26, Code 2023, is amended to read as
follows:
99G.26 Retailer bonding.
The authority department may require any retailer to post an
appropriate bond, as determined by the authority department,
using a cash bond or an insurance company acceptable to the
-1291-authority department.
Sec. 2330. Section 99G.27, Code 2023, is amended to read as
follows:
99G.27 Lottery retail licenses — cancellation, suspension,
revocation, or termination.
1. A lottery retail license issued by the authority
department pursuant to this chapter may be canceled, suspended,
revoked, or terminated by the authority department for reasons
including, but not limited to, any of the following:
a. A violation of this chapter, a regulation, or a policy or
procedure of the authority division.
b. Failure to accurately or timely account or pay for
lottery products, lottery games, revenues, or prizes as
required by the authority division.
c. Commission of any fraud, deceit, or misrepresentation.
d. Insufficient sales.
e. Conduct prejudicial to public confidence in the lottery.
f. The retailer filing for or being placed in bankruptcy or
receivership.
g. Any material change as determined in the sole discretion
of the authority department in any matter considered by
the authority department in executing the contract with the
retailer.
h. Failure to meet any of the objective criteria established
by the authority division pursuant to this chapter.
i. Other conduct likely to result in injury to the property,
revenue, or reputation of the authority department under this
chapter.
2. A lottery retailer license may be temporarily suspended
by the authority department without prior notice if the
chief executive officer director or designee determines that
further sales by the licensed retailer are likely to result in
immediate injury to the property, revenue, or reputation of the
authority department.
3. The board shall adopt administrative rules governing
-1292-appeals of lottery retailer licensing disputes.
Sec. 2331. Section 99G.28, Code 2023, is amended to read as
follows:
99G.28 Proceeds held in trust.
All proceeds from the sale of the lottery tickets or shares
shall constitute a trust fund until paid to the authority
division directly, through electronic funds transfer to the
authority division, or through the authority’s division’s
authorized collection representative. A lottery retailer
and officers of a lottery retailer’s business shall have a
fiduciary duty to preserve and account for lottery proceeds and
lottery retailers shall be personally liable for all proceeds.
Proceeds shall include unsold products received but not paid
for by a lottery retailer and cash proceeds of the sale of any
lottery products net of allowable sales commissions and credit
for lottery prizes paid to winners by lottery retailers. Sales
proceeds of pull-tab tickets shall include the sales price
of the lottery product net of allowable sales commission and
prizes contained in the product. Sales proceeds and unused
instant tickets shall be delivered to the authority division or
its authorized collection representative upon demand.
Sec. 2332. Section 99G.29, Code 2023, is amended to read as
follows:
99G.29 Retailer rental calculations — lottery ticket sales
treatment.
If a lottery retailer’s rental payments for the business
premises are contractually computed, in whole or in part, on
the basis of a percentage of retail sales and such computation
of retail sales is not explicitly defined to include sales
of tickets or shares in a state-operated or state-managed
lottery, only the compensation received by the lottery retailer
from the authority department may be considered the amount of
the lottery retail sale for purposes of computing the rental
payment.
Sec. 2333. Section 99G.30, Code 2023, is amended to read as
-1293-follows:
99G.30 Ticket sales requirements — penalties.
1. Lottery tickets or shares may be distributed by the
authority division for promotional purposes.
2. A ticket or share shall not be sold at a price other
than that fixed by the authority division and a sale shall not
be made other than by a retailer or an employee of the retailer
who is authorized by the retailer to sell tickets or shares. A
person who violates a provision of this subsection is guilty
of a simple misdemeanor.
3. A ticket or share shall not be sold to a person who has
not reached the age of twenty-one. Any person who knowingly
sells a lottery ticket or share to a person under the age
of twenty-one shall be guilty of a simple misdemeanor. It
shall be an affirmative defense to a charge of a violation
under this section that the retailer reasonably and in good
faith relied upon presentation of proof of age in making the
sale. A prize won by a person who has not reached the age
of twenty-one but who purchases a winning ticket or share in
violation of this subsection shall be forfeited. This section
does not prohibit the lawful purchase of a ticket or share for
the purpose of making a gift to a person who has not reached the
age of twenty-one. The board shall adopt administrative rules
governing the payment of prizes to persons who have not reached
the age of twenty-one.
4. Except for the authority department, a retailer shall
only sell lottery products on the licensed premises and not
through the mail or by technological means except as the
authority department may provide or authorize.
5. The retailer may accept payment by cash, check, money
order, debit card, or electronic funds transfer. The retailer
shall not extend or arrange credit for the purchase of a ticket
or share. As used in this subsection, “cash” means United
States currency.
6. Nothing in this chapter shall be construed to prohibit
-1294-the authority department from designating certain of its
agents and employees to sell or give lottery tickets or shares
directly to the public.
7. No elected official’s name shall be printed on tickets.
Sec. 2334. Section 99G.31, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The chief executive officer administrator shall award
the designated prize to the holder of the ticket or share upon
presentation of the winning ticket or confirmation of a winning
share. The prize shall be given to only one person as provided
in this section; however, a prize shall be divided between
holders of winning tickets if there is more than one winning
ticket.
2. The authority division shall only pay prizes for lottery
tickets or shares that the authority department determines were
legally purchased, legally possessed, and legally presented.
Sec. 2335. Section 99G.31, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The authority board shall adopt administrative rules,
policies, and procedures to establish a system of verifying
the validity of tickets or shares claimed to win prizes and
to effect payment of such prizes, subject to the following
requirements:
Sec. 2336. Section 99G.31, subsection 3, paragraphs b, d, f,
g, h, and i, Code 2023, are amended to read as follows:
b. A prize shall not be paid arising from claimed tickets
that are stolen, counterfeit, altered, fraudulent, unissued,
produced or issued in error, unreadable, not received, or
not recorded by the authority division within applicable
deadlines; lacking in captions that conform and agree with the
play symbols as appropriate to the particular lottery game
involved; or not in compliance with such additional specific
administrative rules, policies, and public or confidential
validation and security tests of the authority division
appropriate to the particular lottery game involved.
-1295- d. Unclaimed prize money for the prize on a winning ticket
or share shall be retained for a period deemed appropriate
by the chief executive officer administrator, subject to
approval by the board. If a valid claim is not made for the
money within the applicable period, the unclaimed prize money
shall be added to the pool from which future prizes are to be
awarded or used for special prize promotions. Notwithstanding
this subsection, the disposition of unclaimed prize money from
multijurisdictional games shall be made in accordance with the
rules of the multijurisdictional game.
f. The authority division is discharged of all liability
upon payment of a prize pursuant to this section.
g. No ticket or share issued by the authority division
shall be purchased by and no prize shall be paid to any member
of the board of directors; any officer or employee of the
authority department under this chapter; or to any spouse,
child, brother, sister, or parent residing as a member of the
same household in the principal place of residence of any such
person.
h. No ticket or share issued by the authority division shall
be purchased by and no prize shall be paid to any officer,
employee, agent, or subcontractor of any vendor or to any
spouse, child, brother, sister, or parent residing as a member
of the same household in the principal place of residence
of any such person if such officer, employee, agent, or
subcontractor has access to confidential information which may
compromise the integrity of the lottery.
i. The proceeds of any lottery prize shall be subject to
state and federal income tax laws. An amount deducted from the
prize for payment of a state tax, pursuant to section 422.16,
subsection 1, shall be transferred by the authority to the
department of revenue on behalf of the prize winner.
Sec. 2337. Section 99G.32, Code 2023, is amended to read as
follows:
99G.32 Authority Department legal representation — lottery.
-1296- The authority department shall retain the services of legal
counsel to advise the authority department and the board
under this chapter and to provide representation in legal
proceedings. The authority department may retain the attorney
general or a full-time assistant attorney general in that
capacity and provide reimbursement for the cost of advising and
representing the board and the authority department.
Sec. 2338. Section 99G.33, Code 2023, is amended to read as
follows:
99G.33 Law enforcement investigations.
The department of public safety, division of criminal
investigation, shall be the primary state agency responsible
for investigating criminal violations under this chapter.
The chief executive officer director shall contract with
the department of public safety for investigative services,
including the employment of special agents and support
personnel, and procurement of necessary equipment to carry out
the responsibilities of the division of criminal investigation
under the terms of the contract and this chapter.
Sec. 2339. Section 99G.34, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The records of the authority department under this chapter
shall be governed by the provisions of chapter 22, provided
that, in addition to records that may be kept confidential
pursuant to section 22.7, the following records shall be kept
confidential, unless otherwise ordered by a court, by the
lawful custodian of the records, or by another person duly
authorized to release such information:
Sec. 2340. Section 99G.34, subsections 1, 4, and 7, Code
2023, are amended to read as follows:
1. Marketing plans, research data, and proprietary
intellectual property owned or held by the authority department
for purposes of this chapter under contractual agreements.
4. Security records pertaining to investigations and
intelligence-sharing information between lottery security
-1297-officers and those of other lotteries and law enforcement
agencies, the security portions or segments of lottery
requests for proposals, proposals by vendors to conduct
lottery operations, and records of the security division of
the authority department under this chapter pertaining to game
security data, ticket validation tests, and processes.
7. Security reports and other information concerning bids
or other contractual data, the disclosure of which would impair
the efforts of the authority department to contract for goods
or services on favorable terms under this chapter.
Sec. 2341. Section 99G.35, Code 2023, is amended to read as
follows:
99G.35 Security.
1. The authority’s department’s chief security officer
and investigators under this chapter shall be qualified by
training and experience in law enforcement to perform their
respective duties in support of the activities of the security
office. The chief security officer and investigators shall not
have sworn peace officer status. The lottery security office
shall perform all of the following activities in support of the
authority mission of the department under this chapter:
a. Supervise ticket or share validation and lottery
drawings, provided that the authority department may enter
into cooperative agreements with multijurisdictional lottery
administrators for shared security services at drawings and
game show events involving more than one participating lottery.
b. Inspect at times determined solely by the authority
department the facilities of any vendor or lottery retailer in
order to determine the integrity of the vendor’s product or the
operations of the retailer in order to determine whether the
vendor or the retailer is in compliance with its contract.
c. Report any suspected violations of this chapter to
the appropriate county attorney or the attorney general and
to any law enforcement agencies having jurisdiction over the
violation.
-1298- d. Upon request, provide assistance to any county attorney,
the attorney general, the department of public safety, or any
other law enforcement agency.
e. Upon request, provide assistance to retailers in meeting
their licensing contract requirements and in detecting retailer
employee theft.
f. Monitor authority division operations for compliance with
internal security requirements.
g. Provide physical security at the authority’s central
operations facilities used by the department for purposes of
this chapter.
h. Conduct on-press product production surveillance,
testing, and quality approval for printed scratch and pull-tab
tickets.
i. Coordinate employee and retailer background
investigations conducted by the department of public safety,
division of criminal investigation.
2. The authority department may enter into
intelligence-sharing, reciprocal use, or restricted use
agreements for purposes of this chapter with the federal
government, law enforcement agencies, lottery regulation
agencies, and gaming enforcement agencies of other
jurisdictions which provide for and regulate the use of
information provided and received pursuant to the agreement.
3. Records, documents, and information in the possession of
the authority department received under this chapter pursuant
to an intelligence-sharing, reciprocal use, or restricted
use agreement entered into by the authority department with
a federal department or agency, any law enforcement agency,
or the lottery regulation or gaming enforcement agency of any
jurisdiction shall be considered investigative records of a law
enforcement agency and are not subject to chapter 22 and shall
not be released under any condition without the permission of
the person or agency providing the record or information.
Sec. 2342. Section 99G.36, subsection 5, Code 2023, is
-1299-amended to read as follows:
5. No person shall knowingly or intentionally make
a material false statement in any lottery prize claim,
make a material false statement in any application for a
license or proposal to conduct lottery activities, or make a
material false entry in any book or record which is compiled
or maintained or submitted to the authority or the board
department pursuant to the provisions of this chapter. Any
person who violates the provisions of this subsection shall be
guilty of a class “D” felony.
Sec. 2343. Section 99G.37, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
99G.37 Competitive bidding.
All procurement contracts under this chapter must be
competitively bid in accordance with chapter 8A, subchapter
III, part 2. Procurement contracts shall take into
consideration the greatest integrity for the Iowa lottery.
In any bidding process, the services of the department of
administrative services shall be utilized.
Sec. 2344. Section 99G.38, Code 2023, is amended to read as
follows:
99G.38 Authority Lottery finance — self-sustaining.
1. The authority department may borrow, or accept and
expend, in accordance with the provisions of this chapter, such
moneys as may be received from any source, including income
from the authority’s department’s operations, for effectuating
its business purposes under this chapter, including the payment
of the initial expenses of initiation, administration, and
operation of the authority department under this chapter and
the lottery.
2. The authority department as it relates to the lottery
shall be self-sustaining and self-funded. Moneys in the
general fund of the state shall not be used or obligated to pay
the expenses of the authority department under this chapter
or prizes of the lottery, and no claim for the payment of an
-1300-expense of the lottery or prizes of the lottery may be made
against any moneys other than moneys credited to the authority
department operating account pursuant to this chapter.
3. The state of Iowa offset program, as provided in section
8A.504, shall be available to the authority department to
facilitate receipt of funds owed to the authority department
under this chapter.
Sec. 2345. Section 99G.39, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Upon receipt of any revenue, the chief executive officer
director shall deposit the moneys in the lottery fund created
pursuant to section 99G.40. At least fifty percent of the
projected annual revenue accruing from the sale of tickets
or shares shall be allocated for payment of prizes to the
holders of winning tickets. After the payment of prizes, the
expenses of conducting the lottery shall be deducted from the
authority’s department’s revenue under this chapter prior to
disbursement. Expenses for advertising production and media
purchases shall not exceed four percent of the authority’s
department’s gross revenue under this chapter for the year.
3. Two million five hundred thousand dollars in lottery
revenues shall be transferred each fiscal year to the veterans
trust fund established pursuant to section 35A.13 prior to
deposit of the lottery revenues in the general fund pursuant
to section 99G.40. However, if the balance of the veterans
trust fund is fifty million dollars or more, the moneys shall
be appropriated to the department of revenue for distribution
to county directors of veteran affairs, with fifty percent
of the moneys to be distributed equally to each county and
fifty percent of the moneys to be distributed to each county
based upon the population of veterans in the county, so long
as the moneys distributed to a county do not supplant moneys
appropriated by that county for the county director of veteran
affairs.
Sec. 2346. Section 99G.39, subsection 6, paragraph b, Code
-1301-2023, is amended to read as follows:
b. The treasurer of state shall, each quarter, prepare
an estimate of the gaming revenues and lottery revenues that
will become available during the remainder of the appropriate
fiscal year for the purposes described in paragraph “a”. The
department of management and the department of revenue shall
take appropriate actions to provide that the amount of gaming
revenues and lottery revenues that will be available during the
remainder of the appropriate fiscal year is sufficient to cover
any anticipated deficiencies.
Sec. 2347. Section 99G.40, Code 2023, is amended to read as
follows:
99G.40 Audits and reports — lottery fund.
1. To ensure the financial integrity of the lottery, the
authority department shall do all of the following:
a. Submit quarterly and annual reports to the governor,
state auditor, and the general assembly disclosing the total
lottery revenues, prize disbursements, and other expenses
of the authority department under this chapter during the
reporting period. The fourth quarter report shall be included
in the annual report made pursuant to this section. The annual
report shall include a complete statement of lottery revenues,
prize disbursements, and other expenses, and recommendations
for changes in the law that the chief executive officer
director deems necessary or desirable for purposes of this
chapter. The annual report shall be submitted within one
hundred twenty days after the close of the fiscal year. The
chief executive officer director shall report immediately to
the governor, the treasurer of state, and the general assembly
any matters that require immediate changes in the law in order
to prevent abuses or evasions of this chapter or rules adopted
or to rectify undesirable conditions in connection with the
administration or operation of the lottery.
b. Maintain weekly or more frequent records of lottery
transactions, including the distribution of tickets or shares
-1302-to retailers, revenues received, claims for prizes, prizes
paid, prizes forfeited, and other financial transactions of the
authority department under this chapter.
c. The authority department shall deposit in the lottery
fund created in subsection 2 any moneys received by retailers
from the sale of tickets or shares less the amount of any
compensation due the retailers. The chief executive officer
director may require licensees to file with the authority
department reports of receipts and transactions in the sale
of tickets or shares. The reports shall be in the form and
contain the information the chief executive officer director
requires.
2. A lottery fund is created in the office of the treasurer
of state and shall exist as the recipient fund for authority
department receipts under this chapter. The fund consists
of all revenues received from the sale of lottery tickets or
shares and all other moneys lawfully credited or transferred
to the fund. The chief executive officer director shall
certify quarterly that portion of the fund that has been
transferred to the general fund of the state under this chapter
and shall cause that portion to be transferred to the general
fund of the state. However, upon the request of the chief
executive officer director and subject to the approval by
the treasurer of state, an amount sufficient to cover the
foreseeable administrative expenses of the lottery for a period
of twenty-one days may be retained from the lottery fund.
Prior to the quarterly transfer to the general fund of the
state, the chief executive officer director may direct that
lottery revenue shall be deposited in the lottery fund and in
interest-bearing accounts designated by the treasurer of state.
Interest or earnings paid on the deposits or investments is
considered lottery revenue and shall be transferred to the
general fund of the state in the same manner as other lottery
revenue.
3. The chief executive officer director shall certify
-1303-before the last day of the month following each quarter
that portion of the lottery fund resulting from the previous
quarter’s sales to be transferred to the general fund of the
state.
4. For informational purposes only, the chief executive
officer shall submit to the department of management by October
1 of each year a proposed operating budget for the authority
for the succeeding fiscal year. This budget proposal shall
also be accompanied by an estimate of the net proceeds to
be deposited into the general fund during the succeeding
fiscal year. This budget shall be on forms prescribed by the
department of management. A copy of the information required
to be submitted to the department of management pursuant to
this subsection shall be submitted to the general assembly’s
standing committees on government oversight and the legislative
services agency by October 1 of each year.
5. 4. The authority shall adopt the same fiscal year
as that used by state government and activities of the
division shall be audited annually as part of the audit of
the department by the auditor of state or a certified public
accounting firm appointed by the auditor. The auditor of state
or a designee conducting an audit of the activities of the
division under this chapter shall have access and authority to
examine any and all records of licensees necessary to determine
compliance with this chapter and the rules adopted pursuant to
this chapter. The cost of audits and examinations conducted
by the auditor of state or a designee shall be paid for by the
authority as provided in chapter 11.
Sec. 2348. Section 99G.41, Code 2023, is amended to read as
follows:
99G.41 Prize offsets — garnishments.
1. Any claimant agency may submit to the authority
department a list of the names of all persons indebted to such
claimant agency or to persons on whose behalf the claimant
agency is acting. The full amount of the debt shall be
-1304-collectible from any lottery winnings due the debtor without
regard to limitations on the amounts that may be collectible
in increments through garnishment or other proceedings. Such
list shall constitute a valid lien upon and claim of lien
against the lottery winnings of any debtor named in such list.
The list shall contain the names of the debtors, their social
security numbers if available, and any other information that
assists the authority department in identifying the debtors
named in the list.
2. The authority department is authorized and directed
to withhold any winnings paid out directly by the authority
department subject to the lien created by this section and
send notice to the winner. However, if the winner appears
and claims winnings in person, the authority department shall
notify the winner at that time by hand delivery of such action.
The authority department shall pay the funds over to the agency
administering the offset program.
3. Notwithstanding the provisions of section 99G.34
which prohibit disclosure by the authority department of
certain portions of the contents of prize winner records or
information, and notwithstanding any other confidentiality
statute, the authority department may provide to a claimant
agency all information necessary to accomplish and effectuate
the intent of this section.
4. The information obtained by a claimant agency from
the authority department in accordance with this section
shall retain its confidentiality and shall only be used by a
claimant agency in the pursuit of its debt collection duties
and practices. Any employee or prior employee of any claimant
agency who unlawfully discloses any such information for any
other purpose, except as otherwise specifically authorized by
law, shall be subject to the same penalties specified by law
for unauthorized disclosure of confidential information by
an agent or employee of the authority department under this
chapter.
-1305- 5. Except as otherwise provided in this chapter,
attachments, garnishments, or executions authorized and issued
pursuant to law shall be withheld if timely served upon the
authority department.
6. The provisions of this section shall only apply to prizes
paid directly by the authority department and shall not apply
to any retailers authorized by the board department to pay
prizes of up to six hundred dollars after deducting the price
of the ticket or share.
Sec. 2349. Section 99G.42, Code 2023, is amended to read as
follows:
99G.42 Compulsive gamblers — treatment program information.
The authority department shall cooperate with the gambling
treatment program administered by the Iowa department of public
health and human services to incorporate information regarding
the gambling treatment program and its toll-free telephone
number in printed materials distributed by the authority
department pursuant to this chapter.
Sec. 2350. IOWA LOTTERY — TRANSITION PROVISIONS.
1. For purposes of this section, unless the context
otherwise requires:
a. “Department” means the department of revenue.
b. “Iowa lottery authority” means the Iowa lottery
authority established pursuant to 2003 Iowa Acts, chapter 178,
section 66.
2. The department shall be the legal successor to the
Iowa lottery authority and, as such, shall assume all rights,
privileges, obligations, and responsibilities of the Iowa
lottery authority. The promulgated rules of the Iowa lottery
authority shall remain in full force and effect as the rules of
the department until amended or repealed by the department. In
addition, the department may continue the security practices
and procedures utilized by the Iowa lottery authority until
amended or repealed by the department.
3. At 12:01 a.m.on July 1, 2023, the department shall
-1306-become the legal successor to the Iowa lottery authority.
4. Personnel of the Iowa lottery authority employed on
July 1, 2023, shall transition to the department as department
employees under chapter 99G. The chief executive officer
of the Iowa lottery authority on July 1, 2023, shall be the
lottery administrator, as provided in this Act, on that date
without the requirement to be reappointed by the governor.
5. The department shall function as the legal successor to
the Iowa lottery authority and shall assume all of the assets
and obligations of the Iowa lottery authority, and funds of the
state shall not be used or obligated to pay the expenses or
prizes of the department or its predecessor, the Iowa lottery
authority.
6. In order to effect an immediate and efficient transition
of the lottery from the Iowa lottery authority to the
department, as soon as practicable, the department shall do all
of the following:
a. Take such steps and enter into such agreements as
the director of the department may determine are necessary
and proper in order to effect the transfer, assignment, and
delivery to the department from the Iowa lottery authority
of all the tangible and intangible assets constituting the
lottery, including the exclusive right to operate the lottery
and the assignment to and assumption by the department of all
agreements, covenants, and obligations of the Iowa lottery
authority and other agencies of the state, relating to the
operation and management of the lottery.
b. Receive as transferee from the Iowa lottery authority all
of the tangible and intangible assets constituting the lottery
including, without limitation, the exclusive authorization
to operate a lottery in the state of Iowa and ownership of
annuities and bonds purchased prior to the date of transfer and
held in the name of the Iowa lottery for payment of lottery
prizes, and shall assume and discharge all of the agreements,
covenants, and obligations of the Iowa lottery authority
-1307-entered into and constituting part of the operation and
management of the lottery. In consideration for such transfer
and assumption, the department shall transfer to the state all
net profits of the department under chapter 99G, at such times
and subject to such financial transfer requirements as are
provided in this division of this Act.
alcoholic beverage control
Sec. 2351. Section 123.3, subsections 1 and 19, Code 2023,
are amended by striking the subsections.
Sec. 2352. Section 123.3, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 16A. “Department” means the department of
revenue.
NEW SUBSECTION. 17A. “Director” means the director of the
department of revenue or the director’s designee.
Sec. 2353. Section 123.3, subsections 6, 14, 16, 26, 29, 30,
and 38, Code 2023, are amended to read as follows:
6. “Application” means a written request for the issuance
of a permit, license, or certificate that is supported by a
verified statement of facts and submitted electronically, or in
a manner prescribed by the administrator director.
14. “Commercial establishment” means a place of business
which is at all times equipped with sufficient tables and
seats to accommodate twenty-five persons at one time, and
the licensed premises of which conform to the standards and
specifications of the division department.
16. “Completed application” means an application where all
necessary fees have been paid in full, any required bonds have
been submitted, the applicant has provided all information
requested by the division department, and the application
meets the requirements of section 123.92, subsection 2, if
applicable.
26. The terms “in accordance with the provisions of this
chapter”, “pursuant to the provisions of this title”, or similar
terms shall include all rules and regulations of the division
-1308- department adopted to aid in the administration or enforcement
of those provisions.
29. “Licensed premises” or “premises” means all rooms,
enclosures, contiguous areas, or places susceptible of precise
description satisfactory to the administrator director where
alcoholic beverages, wine, or beer is sold or consumed under
authority of a retail alcohol license, wine permit, or beer
permit. A single licensed premises may consist of multiple
rooms, enclosures, areas, or places if they are wholly within
the confines of a single building or contiguous grounds.
30. “Local authority” means the city council of any
incorporated city in this state, or the county board of
supervisors of any county in this state, which is empowered by
this chapter to approve or deny applications for retail alcohol
licenses; empowered to recommend that such licenses be granted
and issued by the division department; and empowered to take
other actions reserved to them by this chapter.
38. “Permit” or “license” means an express written
authorization issued by the division department for the
manufacture or sale, or both, of alcoholic liquor, wine, or
beer.
Sec. 2354. Section 123.3, subsection 40, paragraphs a and d,
Code 2023, are amended to read as follows:
a. The person has such financial standing and good
reputation as will satisfy the administrator director that the
person will comply with this chapter and all laws, ordinances,
and regulations applicable to the person’s operations under
this chapter. However, the administrator director shall not
require the person to post a bond to meet the requirements of
this paragraph.
d. The person has not been convicted of a felony. However,
if the person’s conviction of a felony occurred more than
five years before the date of the application for a license
or permit, and if the person’s rights of citizenship have
been restored by the governor, the administrator director
-1309- may determine that the person is of good moral character
notwithstanding such conviction.
Sec. 2355. Section 123.4, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
123.4 Alcoholic beverage control.
The department of revenue shall administer and enforce the
laws of this state concerning alcoholic beverage control.
Sec. 2356. Section 123.5, subsection 1, Code 2023, is
amended to read as follows:
1. An alcoholic beverages commission is created within
the division department. The commission is composed of five
members, not more than three of whom shall belong to the same
political party.
Sec. 2357. Section 123.6, Code 2023, is amended to read as
follows:
123.6 Commission meetings.
The commission shall meet on or before July 1 of each year
for the purpose of selecting one of its members as chairperson
for the succeeding year. The commission shall otherwise meet
quarterly or at the call of the chairperson or administrator
director or when three members file a written request for a
meeting. Written notice of the time and place of each meeting
shall be given to each member of the commission. A majority of
the commission members shall constitute a quorum.
Sec. 2358. Section 123.7, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
123.7 Duties of director.
The director shall supervise the daily operations of the
department under this chapter and shall execute the alcoholic
beverage control policies of the department.
Sec. 2359. Section 123.8, Code 2023, is amended to read as
follows:
123.8 Duties of commission and administrator.
1. The commission, in addition to the duties specifically
enumerated in this chapter, shall act as a division
-1310- policy-making body under this chapter and serve in an advisory
capacity to the administrator director and department. The
administrator shall supervise the daily operations of the
division and shall execute the policies of the division as
determined by the commission.
2. The commission may review and affirm, reverse, or amend
all actions of the administrator director under this chapter,
including but not limited to the following instances:
a. Purchases of alcoholic liquor for resale by the division
department.
b. The establishment of wholesale prices of alcoholic
liquor.
Sec. 2360. Section 123.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director, in executing divisional the
alcoholic beverage control functions of the department, shall
have the following duties and powers:
Sec. 2361. Section 123.9, subsections 1, 4, and 7, Code
2023, are amended to read as follows:
1. To receive alcoholic liquors on a bailment system for
resale by the division department in the manner set forth in
this chapter.
4. To appoint clerks, agents, or other employees required
for carrying out the provisions of this chapter; to dismiss
employees for cause; to assign employees to divisions and
bureaus as created by the administrator director within the
division department; and to designate their title, duties, and
powers. All employees of the division department for purposes
of this chapter are subject to chapter 8A, subchapter IV,
unless exempt under section 8A.412.
7. To accept alcoholic liquors ordered delivered to the
alcoholic beverages division department pursuant to chapter
809A, and offer for sale and deliver the alcoholic liquors to
class “E” retail alcohol licensees, unless the administrator
director determines that the alcoholic liquors may be
-1311-adulterated or contaminated. If the administrator director
determines that the alcoholic liquors may be adulterated or
contaminated, the administrator director shall order their
destruction.
Sec. 2362. Section 123.10, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The administrator director, with the approval of the
commission and subject to chapter 17A, may adopt rules as
necessary to carry out this chapter. The administrator’s
director’s authority under this chapter extends to, but is not
limited to, the following:
Sec. 2363. Section 123.10, subsections 1, 6, 14, and 15,
Code 2023, are amended to read as follows:
1. Prescribing the duties of officers, clerks, agents, or
other employees of the division department under this chapter
and regulating their conduct while in the discharge of their
duties.
6. Providing for the issuance and electronic distribution
of price lists which show the price to be paid by class
“E” retail alcohol licensees for each brand, class, or
variety of liquor kept for sale by the division department,
providing for the filing or posting of prices charged in sales
between class “A” beer and class “A” wine permit holders and
retailers, as provided in this chapter, and establishing or
controlling the prices based on minimum standards of fill,
quantity, or alcoholic content for each individual sale of
alcoholic beverages as deemed necessary for retail or consumer
protection. However, the division department shall not
regulate markups, prices, discounts, allowances, or other terms
of sale at which alcoholic liquor may be purchased by the
retail public or retail alcohol licensees from class “E” retail
alcohol licensees or at which wine may be purchased and sold
by class “A” and retail wine permittees, or change, nullify,
or vary the terms of an agreement between a holder of a vintner
certificate of compliance and a class “A” wine permittee.
-1312- 14. Prescribing the uniform fee to be assessed against
a retail alcohol licensee, except a class “B”, special class
“B”, or class “E” retail alcohol licensee, to cover the
administrative costs incurred by the division department
resulting from the failure of the licensee to maintain dramshop
liability insurance coverage pursuant to section 123.92,
subsection 2, paragraph “a”.
15. Prescribing the uniform fee, not to exceed one hundred
dollars, to be assessed against a licensee or permittee under
this chapter for a contested case hearing conducted by the
division department or by an administrative law judge from
the department of inspections and appeals which results in
administrative action taken against the licensee or permittee
by the division department.
Sec. 2364. Section 123.11, Code 2023, is amended to read as
follows:
123.11 Compensation and expenses.
Members of the commission, the administrator director, and
other employees of the division department shall be allowed
their actual and necessary expenses while traveling on business
of the division department under this chapter outside of their
place of residence, however, an itemized account of such
expenses shall be verified by the claimant and approved by the
administrator director. If such account is paid, the same
shall be filed with the division department and be and remain
a part of its permanent records. Each member appointed to
the commission is entitled to receive reimbursement of actual
expenses incurred while attending meetings. Each member of
the commission may also be eligible to receive compensation
as provided in section 7E.6. All expenses and salaries of
commission members, the administrator director, and other
employees shall be paid from appropriations for such purposes
and the division department shall be subject to the budget
requirements of chapter 8.
Sec. 2365. Section 123.12, Code 2023, is amended to read as
-1313-follows:
123.12 Exemption from suit.
No A commission member or officer or employee of the division
department shall not be personally liable for damages sustained
by any person due to the act of such member, officer, or
employee performed in the reasonable discharge of the member’s,
officer’s, or employee’s duties as enumerated in this chapter.
Sec. 2366. Section 123.13, Code 2023, is amended to read as
follows:
123.13 Prohibitions on commission members and employees.
1. Commission members, officers, and employees of the
division department under this chapter shall not, while holding
such office or position, do any of the following:
a. Hold any other office or position under the laws of this
state, or any other state or territory or of the United States.
b. Engage in any occupation, business, endeavor, or activity
which would or does conflict with their duties under this
chapter.
c. Directly or indirectly, use their office or employment
to influence, persuade, or induce any other officer, employee,
or person to adopt their political views or to favor any
particular candidate for an elective or appointive public
office.
d. Directly or indirectly, solicit or accept, in any manner
or way, any money or other thing of value for any person
seeking an elective or appointive public office, or to any
political party or any group of persons seeking to become a
political party.
2. Except as provided in section 123.5, subsection 3, a
commission member or division department employee under this
chapter shall not, directly or indirectly, individually, or as
a member of a partnership or shareholder in a corporation, have
any interest in dealing in or in the manufacture of alcoholic
liquor, wine, or beer, and shall not receive any kind of profit
nor have any interest in the purchase or sale of alcoholic
-1314-liquor, wine, or beer by persons so authorized under this
chapter. However, this subsection does not prohibit any member
or employee from lawfully purchasing and keeping alcoholic
liquor, wine, or beer in the member’s or employee’s possession
for personal use.
3. Any officer or employee violating this section or any
other provisions of this chapter shall, in addition to any
other penalties provided by law, be subject to suspension or
discharge from employment. Any commission member shall, in
addition to any other penalties provided by law, be subject to
removal from office as provided by chapter 66.
Sec. 2367. Section 123.14, Code 2023, is amended to read as
follows:
123.14 Alcoholic beverage control law enforcement.
1. The department of public safety is the primary alcoholic
beverage control law enforcement authority for this state.
2. The county attorney, the county sheriff and the sheriff’s
deputies, and the police department of every city, and the
alcoholic beverages division of the department of commerce,
shall be supplementary aids to the department of public safety
for purposes of alcoholic beverage control law enforcement.
Any neglect, misfeasance, or malfeasance shown by any peace
officer included in this section shall be sufficient cause
for the peace officer’s removal as provided by law. This
section shall not be construed to affect the duties and
responsibilities of any county attorney or peace officer with
respect to law enforcement.
3. The department of public safety shall have full access
to all records, reports, audits, tax reports and all other
documents and papers in the alcoholic beverages division
department pertaining to liquor licensees and wine and beer
permittees and their business.
Sec. 2368. Section 123.16, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The commission department shall cause to be prepared an
-1315-annual report to the governor of the state, ending with June 30
of each fiscal year, on the operation and financial position of
the division department under this chapter for the preceding
fiscal year. The report shall include but is not limited to
the following information:
Sec. 2369. Section 123.16, subsections 1 and 7, Code 2023,
are amended to read as follows:
1. Amount of profit or loss from division department
operations under this chapter.
7. Amount of fees paid to the division department from
retail alcohol licenses, wine permits, and beer permits, in
gross, and the amount of retail alcohol license fees returned
to local subdivisions of government as provided under this
chapter.
Sec. 2370. Section 123.17, Code 2023, is amended to read as
follows:
123.17 Beer and liquor control fund — allocations to
substance abuse programs — use of civil penalties.
1. There shall be established within the office of
the treasurer of state a fund to be known as the beer and
liquor control fund. The fund shall consist of any moneys
appropriated by the general assembly for deposit in the fund
and moneys received from the sale of alcoholic liquors by the
division department, from the issuance of permits and licenses,
and of moneys and receipts received by the division department
from any other source under this chapter.
2. a. The director of the department of administrative
services shall periodically transfer from the beer and liquor
control fund to the general fund of the state those revenues
of the division department which are not necessary for the
purchase of liquor for resale by the division department,
or for remittances to local authorities or other sources as
required by this chapter, or for other obligations and expenses
of the division department which are paid from such fund.
b. All moneys received by the division department from
-1316-the issuance of vintner’s certificates of compliance and wine
permits shall be transferred by the director of the department
of administrative services to the general fund of the state.
3. Notwithstanding subsection 2, if gaming revenues under
sections 99D.17 and 99F.11 are insufficient in a fiscal year to
meet the total amount of such revenues directed to be deposited
in the revenue bonds debt service fund and the revenue bonds
federal subsidy holdback fund during the fiscal year pursuant
to section 8.57, subsection 5, paragraph “e”, the difference
shall be paid from moneys deposited in the beer and liquor
control fund prior to transfer of such moneys to the general
fund pursuant to subsection 2 and prior to the transfer of such
moneys pursuant to subsections 5 and 6. If moneys deposited in
the beer and liquor control fund are insufficient during the
fiscal year to pay the difference, the remaining difference
shall be paid from moneys deposited in the beer and liquor
control fund in subsequent fiscal years as such moneys become
available.
4. The treasurer of state shall, each quarter, prepare
an estimate of the gaming revenues and of the moneys to be
deposited in the beer and liquor control fund that will become
available during the remainder of the appropriate fiscal year
for the purposes described in subsection 3. The department
of management, the department of inspections and appeals, and
the department of commerce shall take appropriate actions to
provide that the sum of the amount of gaming revenues available
to be deposited into the revenue bonds debt service fund and
the revenue bonds federal subsidy holdback fund during a fiscal
year and the amount of moneys to be deposited in the beer and
liquor control fund available to be deposited into the revenue
bonds debt service fund and the revenue bonds federal subsidy
holdback fund during such fiscal year will be sufficient to
cover any anticipated deficiencies.
5. After any transfer provided for in subsection 3 is
made, the department of commerce shall transfer into a special
-1317-revenue account in the general fund of the state, a sum of
money at least equal to seven percent of the gross amount
of sales made by the division department from the beer and
liquor control fund on a monthly basis but not less than nine
million dollars annually. Of the amounts transferred, two
million dollars, plus an additional amount determined by the
general assembly, shall be appropriated to the Iowa department
of public health for use by the staff who administer the
comprehensive substance abuse program under chapter 125 for
substance abuse treatment and prevention programs. Any amounts
received in excess of the amounts appropriated to the Iowa
department of public health for use by the staff who administer
the comprehensive substance abuse program under chapter 125
shall be considered part of the general fund balance.
6. After any transfers provided for in subsections 3 and
5, the department of commerce shall receive a transfer to the
division from the beer and liquor control fund and before any
other transfer to the general fund, an amount sufficient to pay
the costs incurred by the division department for collecting
and properly disposing of the liquor containers.
7. After any transfers provided for in subsections 3, 5,
and 6, and before any other transfer to the general fund,
the department of commerce shall transfer to the economic
development authority from the beer and liquor control fund
two million dollars annually for statewide tourism marketing
services and efforts pursuant to section 15.275.
8. After any transfers provided for in subsections 3, 5, 6,
and 7, and before any other transfer to the general fund, the
department of commerce shall transfer from the beer and liquor
control fund one million dollars to the Iowa department of
public health for distribution pursuant to section 125.59.
9. Civil penalties imposed and collected by the division
department under this chapter shall be credited to the general
fund of the state. The moneys from the civil penalties shall
be used by the division department, subject to appropriation by
-1318-the general assembly, for the purposes of providing educational
programs, information and publications for alcoholic
beverage licensees and permittees, local authorities, and law
enforcement agencies regarding the laws and rules which govern
the alcoholic beverages industry, and for promoting compliance
with alcoholic beverage laws and rules.
Sec. 2371. Section 123.18, Code 2023, is amended to read as
follows:
123.18 Appropriations.
Division Department appropriations for purposes of this
chapter shall be paid by the treasurer of state upon the orders
of the administrator director, in such amounts and at such
times as the administrator director deems necessary to carry on
operations in accordance with the terms of this chapter.
Sec. 2372. Section 123.22, subsection 1, Code 2023, is
amended to read as follows:
1. The division department has the exclusive right of
importation into the state of all forms of alcoholic liquor,
except as otherwise provided in this chapter, and a person
shall not import alcoholic liquor, except that an individual of
legal age may import and have in the individual’s possession
an amount of alcoholic liquor not exceeding nine liters per
calendar month that the individual personally obtained outside
the state. Alcoholic liquor imported by an individual pursuant
to this subsection shall be for personal consumption only in
a private home or other private accommodation. A distillery
shall not sell alcoholic liquor within the state to any person
but only to the division department, except as otherwise
provided in this chapter. This section vests in the division
department exclusive control within the state as purchaser of
all alcoholic liquor sold by distilleries within the state
or imported, except beer and wine, and except as otherwise
provided in this chapter. The division department shall
receive alcoholic liquor on a bailment system for resale by the
division department in the manner set forth in this chapter.
-1319-The division department shall act as the sole wholesaler of
alcoholic liquor to class “E” retail alcohol licensees.
Sec. 2373. Section 123.23, subsections 1, 2, 3, and 5, Code
2023, are amended to read as follows:
1. Any manufacturer, distiller, or importer of alcoholic
liquors shipping, selling, or having alcoholic liquors brought
into this state for resale by the state shall, as a condition
precedent to the privilege of so trafficking in alcoholic
liquors in this state, annually make application for and hold
a distiller’s certificate of compliance which shall be issued
by the administrator director for that purpose. No brand of
alcoholic liquor shall be sold by the division department
in this state unless the manufacturer, distiller, importer,
and all other persons participating in the distribution of
that brand in this state have obtained a certificate. The
certificate of compliance shall expire at the end of one year
from the date of issuance and shall be renewed for a like
period upon application to the administrator director unless
otherwise suspended or revoked for cause. Each completed
application for a certificate of compliance or renewal shall
be submitted electronically, or in a manner prescribed by the
administrator director, and shall be accompanied by a fee
of two hundred dollars payable to the division department.
However, this subsection need not apply to a manufacturer,
distiller, or importer who ships or sells in this state no more
than eleven gallons or its case equivalent during any fiscal
year as a result of “special orders” which might be placed, as
defined and allowed by divisional departmental rules adopted
under this chapter.
2. At the time of applying for a certificate of compliance,
each applicant shall submit to the division department
electronically, or in a manner prescribed by the administrator
director, the name and address of its authorized agent
for service of process which shall remain effective until
changed for another, and a list of names and addresses of all
-1320-representatives, employees, or attorneys whom the applicant has
appointed in the state of Iowa to represent it for any purpose.
The listing shall be amended by the certificate holder as
necessary to keep the listing current with the division
department.
3. The administrator director and the attorney general
are authorized to require any certificate holder or person
listed as the certificate holder’s representative, employee,
or attorney to disclose such financial and other records and
transactions as may be considered relevant in discovering
violations of this chapter or of rules and regulations of
the division department under this chapter or of any other
provision of law by any person.
5. This section shall not require the listing of those
persons who are employed on premises where alcoholic liquors
are manufactured, processed, bottled, or packaged in Iowa or
persons who are thereafter engaged in the transporting of such
alcoholic liquors to the division department.
Sec. 2374. Section 123.24, Code 2023, is amended to read as
follows:
123.24 Alcoholic liquor sales by the division department —
dishonored payments — liquor prices.
1. The division department shall sell alcoholic liquor at
wholesale only. The division department shall sell alcoholic
liquor to class “E” retail alcohol licensees only. The
division department shall offer the same price on alcoholic
liquor to all class “E” retail alcohol licensees without regard
for the quantity of purchase or the distance for delivery.
2. The price of alcoholic liquor sold by the division
department shall consist of the following:
a. The manufacturer’s price.
b. A markup of up to fifty percent of the wholesale price
paid by the division department for the alcoholic liquor.
The division department may increase the markup on selected
kinds of alcoholic liquor sold by the division department if
-1321-the average return to the division department on all sales of
alcoholic liquor does not exceed the wholesale price paid by
the division department and the fifty percent markup.
c. A split case charge in an amount determined by the
division department when alcoholic liquor is sold in quantities
which require a case to be split.
d. A bottle surcharge in an amount sufficient, when added to
the amount not refunded to class “E” retail alcohol licensees
pursuant to section 455C.2, to pay the costs incurred by the
division department for collecting and properly disposing of
the liquor containers. The amount collected pursuant to this
paragraph, in addition to any amounts not refunded to class “E”
retail alcohol licensees pursuant to section 455C.2, shall be
deposited in the beer and liquor control fund established under
section 123.17.
3. a. The division department may accept from a class
“E” retail alcohol licensee electronic funds transferred by
automated clearing house, wire transfer, or another method
deemed acceptable by the administrator director, in payment of
alcoholic liquor. If a payment is subsequently dishonored,
the division department shall cause a notice of nonpayment
and penalty to be served upon the class “E” retail alcohol
licensee or upon any person in charge of the licensed premises.
The notice shall state that if payment or satisfaction for
the dishonored payment is not made within ten days of the
service of notice, the licensee’s retail alcohol license may
be suspended under section 123.39. The notice of nonpayment
and penalty shall be in a form prescribed by the administrator
director, and shall be sent by certified mail.
b. If upon notice and hearing under section 123.39 and
pursuant to the provisions of chapter 17A concerning a
contested case hearing, the administrator director determines
that the class “E” retail alcohol licensee failed to satisfy
the obligation for which the payment was issued within ten days
after the notice of nonpayment and penalty was served on the
-1322-licensee as provided in paragraph “a” of this subsection, the
administrator director may suspend the licensee’s class “E”
retail alcohol license for a period not to exceed ten days.
4. The administrator director may refuse to sell alcoholic
liquor to a class “E” retail alcohol licensee who tenders a
payment which is subsequently dishonored until the outstanding
obligation is satisfied.
Sec. 2375. Section 123.25, Code 2023, is amended to read as
follows:
123.25 Consumption on premises.
An officer, clerk, agent, or employee of the division
department employed in a state-owned warehouse under this
chapter shall not allow any alcoholic beverage to be consumed
on the premises, nor shall a person consume any alcoholic
liquor on the premises except for testing or sampling purposes
only.
Sec. 2376. Section 123.26, Code 2023, is amended to read as
follows:
123.26 Restrictions on sales — seals — labeling.
Alcoholic liquor shall not be sold by a class “E” retail
alcohol licensee except in a sealed container with identifying
markers as prescribed by the administrator director and affixed
in the manner prescribed by the administrator director, and no
such container shall be opened upon the premises of a state
warehouse. The division department shall cooperate with the
department of natural resources so that only one identifying
marker or mark is needed to satisfy the requirements of this
section and section 455C.5, subsection 1. Possession of
alcoholic liquors which do not carry the prescribed identifying
markers is a violation of this chapter except as provided in
section 123.22.
Sec. 2377. Section 123.27, Code 2023, is amended to read as
follows:
123.27 Sales and deliveries prohibited.
It is unlawful to transact the sale or delivery of alcoholic
-1323-liquor in, on, or from the premises of a state warehouse:
1. After the closing hour as established by the
administrator director.
2. On any legal holiday except those designated by the
administrator director.
3. During other periods or days as designated by the
administrator director.
Sec. 2378. Section 123.28, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. It is lawful to transport, carry, or convey alcoholic
liquors from the place of purchase by the division department
to a state warehouse or depot established by the division
department or from one such place to another and, when so
permitted by this chapter, it is lawful for the division
department, a common carrier, or other person to transport,
carry, or convey alcoholic liquor sold from a state warehouse,
depot, or point of purchase by the state to any place to which
the liquor may be lawfully delivered under this chapter.
2. The division department shall deliver alcoholic liquor
purchased by class “E” retail alcohol licensees. Class “E”
retail alcohol licensees may deliver alcoholic liquor purchased
by class “C”, class “D”, or class “F” retail alcohol licensees,
and class “C”, class “D”, or class “F” retail alcohol licensees
may transport alcoholic liquor purchased from class “E” retail
alcohol licensees.
Sec. 2379. Section 123.29, subsection 1, Code 2023, is
amended to read as follows:
1. This chapter does not prohibit the sale of patent and
proprietary medicines, tinctures, food products, extracts,
toiletries, perfumes, and similar products, which are not
susceptible of use as a beverage, but which contain alcoholic
liquor, wine, or beer as one of their ingredients. These
products may be sold through ordinary wholesale and retail
businesses without a license or permit issued by the division
department.
-1324- Sec. 2380. Section 123.30, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. a. A retail alcohol license may be issued to any person
who is of good moral character as defined by this chapter.
b. As a condition for issuance of a retail alcohol license
or wine or beer permit, the applicant must give consent
to members of the fire, police, and health departments
and the building inspector of cities; the county sheriff
or deputy sheriff; members of the department of public
safety; representatives of the division department and of
the department of inspections and appeals; certified police
officers; and any official county health officer to enter upon
areas of the premises where alcoholic beverages are stored,
served, or sold, without a warrant during business hours of
the licensee or permittee to inspect for violations of this
chapter or ordinances and regulations that cities and boards
of supervisors may adopt. However, a subpoena issued under
section 421.17 or a warrant is required for inspection of
private records, a private business office, or attached living
quarters. Persons who are not certified peace officers shall
limit the scope of their inspections of licensed premises
to the regulatory authority under which the inspection is
conducted. All persons who enter upon a licensed premises to
conduct an inspection shall present appropriate identification
to the owner of the establishment or the person who appears
to be in charge of the establishment prior to commencing
an inspection; however, this provision does not apply to
undercover criminal investigations conducted by peace officers.
c. As a further condition for the issuance of a class “E”
retail alcohol license, the applicant shall post a bond in
a sum of not less than five thousand nor more than fifteen
thousand dollars as determined on a sliding scale established
by the division department; however, a bond shall not be
required if all purchases of alcoholic liquor from the division
department by the licensee are made by means that ensure that
-1325-the division department will receive full payment in advance of
delivery of the alcoholic liquor.
d. A class “E” retail alcohol license may be issued to a
city council for premises located within the limits of the city
if there are no class “E” retail alcohol licensees operating
within the limits of the city and no other applications for a
class “E” license for premises located within the limits of
the city at the time the city council’s application is filed.
If a class “E” retail alcohol license is subsequently issued
to a private person for premises located within the limits of
the city, the city council shall surrender its license to the
division department within one year of the date that the class
“E” retail alcohol licensee begins operating, liquidate any
remaining assets connected with the liquor store, and cease
operating the liquor store.
2. A retail alcohol license shall not be issued for premises
which do not constitute a safe and proper place or building
and which do not conform to all applicable laws, ordinances,
resolutions, and health and fire regulations. A licensee
shall not have or maintain any interior access to residential
or sleeping quarters unless permission is granted by the
administrator director in the form of a living quarters permit.
Sec. 2381. Section 123.30, subsection 3, paragraph d,
subparagraphs (1) and (5), Code 2023, are amended to read as
follows:
(1) A class “E” retail alcohol license may be issued and
shall authorize the holder to purchase alcoholic liquor in
original unopened containers from the division department
only, wine from a class “A” wine permittee only, and beer from
a class “A” beer permittee only; to sell alcoholic liquor,
wine, and beer in original unopened containers at retail to
patrons for consumption off the licensed premises; and to sell
alcoholic liquor and high alcoholic content beer at wholesale
to other retail alcohol licensees, provided the holder has
filed with the division department a basic permit issued by the
-1326-alcohol and tobacco tax and trade bureau of the United States
department of the treasury.
(5) The division department may issue a class “E” retail
alcohol license for premises covered by a retail alcohol
license for on-premises consumption under any of the following
circumstances:
(a) If the premises are in a county having a population
under nine thousand five hundred in which no other class
“E” retail alcohol license has been issued by the division
department, and no other application for a class “E” retail
alcohol license has been made within the previous twelve
consecutive months.
(b) If, notwithstanding any provision of this chapter to the
contrary, the premises covered by a retail alcohol license is a
grocery store that is at least five thousand square feet.
Sec. 2382. Section 123.31, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a retail alcohol license shall submit a
completed application electronically, or in a manner prescribed
by the administrator director, which shall set forth under oath
the following:
Sec. 2383. Section 123.31, subsection 1, paragraphs e and g,
Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where the
applicant intends to use the license, to include a sketch or
drawing of the premises and, if applicable, the number of
square feet of interior floor space which comprises the retail
sales area of the premises.
g. Any other information as required by the administrator
director.
Sec. 2384. Section 123.31, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. That the premises where the applicant intends to use the
-1327-license conforms to all applicable laws, health regulations,
and fire regulations, and constitutes a safe and proper place
or building and that the applicant shall not have or maintain
any interior access to residential or sleeping quarters unless
permission is granted by the administrator director in the form
of a living quarters permit.
Sec. 2385. Section 123.31A, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Subject to the rules of the division department, sales made
pursuant to this section may be made in a container other
than the original container only if all of the following
requirements are met:
Sec. 2386. Section 123.31A, subsection 3, paragraph d, Code
2023, is amended to read as follows:
d. The container to be sold shall be securely sealed
by a method authorized by the division department that is
designed so that if the sealed container is reopened or the
seal tampered with, it is visibly apparent that the seal on the
container of beer or wine has been tampered with or the sealed
container has otherwise been reopened.
Sec. 2387. Section 123.31A, subsection 4, Code 2023, is
amended to read as follows:
4. A container of beer or wine other than the original
container that is sold and sealed in compliance with the
requirements of subsection 3 and the division’s department’s
rules shall not be deemed an open container subject to the
requirements of sections 321.284 and 321.284A if the sealed
container is unopened and the seal has not been tampered with,
and the contents of the container have not been partially
removed.
Sec. 2388. Section 123.32, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A completed application for a class “D” retail alcohol
license and for any of the following certificates, licenses,
-1328-or permits shall be submitted to the division department
electronically, or in a manner prescribed by the administrator
director, which shall proceed in the same manner as in the case
of an application approved by local authorities:
Sec. 2389. Section 123.32, subsections 2, 6, 7, 8, and 9,
Code 2023, are amended to read as follows:
2. Action by local authorities. The local authority
shall either approve or disapprove the issuance of a retail
alcohol license, shall endorse its approval or disapproval
on the application, and shall forward the application with
the necessary fee and bond, if required, to the division
department. There is no limit upon the number of retail
alcohol licenses which may be approved for issuance by local
authorities.
6. Action by administrator director.
a. Upon receipt of an application having been disapproved by
the local authority, the administrator director shall notify
the applicant that the applicant may appeal the disapproval of
the application to the administrator director. The applicant
shall be notified by certified mail or personal service, and
the application, the fee, and any bond shall be returned to the
applicant.
b. Upon receipt of an application having been approved by
the local authority, the division department shall make an
investigation as the administrator director deems necessary to
determine that the applicant complies with all requirements
for holding a license, and may require the applicant to appear
to be examined under oath to demonstrate that the applicant
complies with all of the requirements to hold a license. If
the administrator director requires the applicant to appear
and to testify under oath, a record shall be made of all
testimony or evidence and the record shall become a part of the
application. The administrator director may appoint a member
of the division department or may request an administrative
law judge of the department of inspections and appeals to
-1329-receive the testimony under oath and evidence, and to issue a
proposed decision to approve or disapprove the application for
a license. The administrator director may affirm, reverse,
or modify the proposed decision to approve or disapprove the
application for the license. If the application is approved by
the administrator director, the license shall be issued. If
the application is disapproved by the administrator director,
the applicant shall be so notified by certified mail or
personal service and the appropriate local authority shall
be notified electronically, or in a manner prescribed by the
administrator director.
7. Appeal to administrator director. An applicant for a
retail alcohol license may appeal from the local authority’s
disapproval of an application for a license or permit to the
administrator director. In the appeal the applicant shall
be allowed the opportunity to demonstrate in an evidentiary
hearing conducted pursuant to chapter 17A that the applicant
complies with all of the requirements for holding the license
or permit. The administrator director may appoint a member of
the division department or may request an administrative law
judge from the department of inspections and appeals to conduct
the evidentiary hearing and to render a proposed decision to
approve or disapprove the issuance of the license or permit.
The administrator director may affirm, reverse, or modify the
proposed decision. If the administrator director determines
that the applicant complies with all of the requirements
for holding a license or permit, the administrator director
shall order the issuance of the license or permit. If the
administrator director determines that the applicant does not
comply with the requirements for holding a license or permit,
the administrator director shall disapprove the issuance of the
license or permit.
8. Judicial review. The applicant or the local
authority may seek judicial review of the action of the
administrator director in accordance with the terms of the Iowa
-1330-administrative procedure Act, chapter 17A. Notwithstanding
the terms of the Iowa administrative procedure Act, chapter
17A, petitions for judicial review may be filed in the
district court of the county where the premises covered by the
application are situated.
9. Suspension by local authority. A retail alcohol licensee
whose license has been suspended or revoked or a civil penalty
imposed by a local authority for a violation of this chapter
or suspended by a local authority for violation of a local
ordinance may appeal the suspension, revocation, or civil
penalty to the administrator director. The administrator
director may appoint a member of the division department or
may request an administrative law judge from the department
of inspections and appeals to hear the appeal which shall
be conducted in accordance with chapter 17A and to issue a
proposed decision. The administrator director may review the
proposed decision upon the motion of a party to the appeal or
upon the administrator’s director’s own motion in accordance
with chapter 17A. Upon review of the proposed decision, the
administrator director may affirm, reverse, or modify the
proposed decision. A retail alcohol licensee or a local
authority aggrieved by a decision of the administrator director
may seek judicial review of the decision pursuant to chapter
17A.
Sec. 2390. Section 123.33, Code 2023, is amended to read as
follows:
123.33 Records.
Every holder of a license or permit under this chapter
shall maintain records, in printed or electronic format,
which include income statements, balance sheets, purchase and
sales invoices, purchase and sales ledgers, and any other
records as the administrator director may require. The records
required and the premises of the licensee or permittee shall be
accessible and open to inspection pursuant to section 123.30,
subsection 1, during normal business hours of the licensee or
-1331-permittee.
Sec. 2391. Section 123.34, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The administrator director may issue eight-month seasonal
class “C”, special class “C”, class “D”, and class “F” retail
alcohol licenses.
Sec. 2392. Section 123.34, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The administrator director may issue fourteen-day class
“C”, special class “C”, class “D”, and class “F” retail alcohol
licenses.
Sec. 2393. Section 123.34, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The administrator director may issue five-day class “C”,
special class “C”, class “D”, and class “F” retail alcohol
licenses.
Sec. 2394. Section 123.35, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding section 123.31 and any other provision
of this chapter to the contrary, a class “E” retail alcohol
license shall automatically renew without the endorsement of
a local authority or approval by the administrator director
upon collection of the annual fee by the division department,
provided all of the following conditions are met since the
preceding license was issued:
Sec. 2395. Section 123.35, subsection 2, paragraphs a, e,
and h, Code 2023, are amended to read as follows:
a. The licensee has given written consent to the division
department to have the license automatically renewed as
provided in this section.
e. The licensee has not submitted payment for alcoholic
liquor to the division department that was subsequently
dishonored.
h. A local authority has not notified the division
department, in a manner established by the division department
-1332- and made available to local authorities, that automatic renewal
should not occur and that further review of the licensee by
the division department and the applicable local authority is
warranted.
Sec. 2396. Section 123.35, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding sections 123.23, 123.135, 123.180, and any
other provision of this chapter to the contrary, a distiller’s,
brewer’s, or vintner’s certificate of compliance shall
automatically renew without approval by the administrator
director upon collection of the annual fee by the division
department, provided all of the following conditions are met
since the preceding certificate was issued:
Sec. 2397. Section 123.35, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The certificate holder has given written consent to
the division department to have the certificate automatically
renewed as provided in this section.
Sec. 2398. Section 123.35, subsection 4, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding section 123.187 and any other provision of
this chapter to the contrary, a wine direct shipper’s permit
shall automatically renew without approval by the administrator
director upon collection of the annual fee by the division
department, provided all of the following conditions are met
since the preceding permit was issued:
Sec. 2399. Section 123.35, subsection 4, paragraph a, Code
2023, is amended to read as follows:
a. The permittee has given written consent to the division
department to have the permit automatically renewed as provided
in this section.
Sec. 2400. Section 123.36, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The following fees shall be paid to the division department
annually for retail alcohol licenses issued under section
-1333-123.30:
Sec. 2401. Section 123.36, subsection 2, Code 2023, is
amended to read as follows:
2. The division department shall credit all fees to the beer
and liquor control fund. The division department shall remit
to the appropriate local authority a sum equal to sixty-five
percent of the fees collected for each class “B”, class “C”,
or class “F” license except special class “C” licenses or
class “E” licenses, covering premises located within the local
authority’s jurisdiction. The division department shall remit
to the appropriate local authority a sum equal to seventy-five
percent of the fees collected for each special class “C”
license covering premises located within the local authority’s
jurisdiction. Those fees collected for each class “E” retail
alcohol license shall be credited to the beer and liquor
control fund.
Sec. 2402. Section 123.37, subsections 2, 3, and 4, Code
2023, are amended to read as follows:
2. The administrator director may compromise and settle
doubtful and disputed claims for taxes imposed under
this chapter or for taxes of doubtful collectibility,
notwithstanding section 7D.9. The administrator director may
enter into informal settlements pursuant to section 17A.10 to
compromise and settle doubtful and disputed claims for taxes
imposed under this chapter. The administrator director may
make a claim under a licensee’s or permittee’s penal bond for
taxes of doubtful collectibility. Whenever a compromise or
settlement is made, the administrator director shall make a
complete record of the case showing the tax assessed, reports
and audits, if any, the licensee’s or permittee’s grounds for
dispute or contest, together with all evidence of the dispute
or contest, and the amounts, conditions, and settlement or
compromise of the dispute or contest.
3. A licensee or permittee who disputes the amount of tax
imposed must pay all tax and penalty pertaining to the disputed
-1334-tax liability prior to appealing the disputed tax liability to
the administrator director.
4. The administrator director shall adopt rules
establishing procedures for payment of disputed taxes imposed
under this chapter. If it is determined that the tax is not
due in whole or in part, the division department shall promptly
refund the part of the tax payment which is determined not to
be due.
Sec. 2403. Section 123.38, subsection 1, Code 2023, is
amended to read as follows:
1. A retail alcohol license, wine permit, or beer permit
is a personal privilege and is revocable for cause. It is not
property nor is it subject to attachment and execution nor
alienable nor assignable, and it shall cease upon the death
of the permittee or licensee. However, the administrator of
the division director may in the administrator’s director’s
discretion allow the executor or administrator of the estate of
a permittee or licensee to operate the business of the decedent
for a reasonable time not to exceed the expiration date of the
permit or license. Every permit or license shall be issued in
the name of the applicant and no person holding a permit or
license shall allow any other person to use it.
Sec. 2404. Section 123.38, subsection 2, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
Any licensee or permittee, or the executor or administrator
of the estate of a licensee or permittee, or any person duly
appointed by the court to take charge of and administer the
property or assets of the licensee or permittee for the benefit
of the licensee’s or permittee’s creditors, may voluntarily
surrender a license or permit to the division department. When
a license or permit is surrendered, the division department
shall notify the local authority, and the division department
or the local authority shall refund to the person surrendering
the license or permit, a proportionate amount of the fee
-1335-received by the division department or the local authority for
the license or permit as follows:
Sec. 2405. Section 123.38, subsection 2, paragraphs b and c,
Code 2023, are amended to read as follows:
b. For purposes of this subsection, any portion of license
or permit fees used for the purposes authorized in section
331.424, subsection 1, paragraph “a”, subparagraphs (1) and
(2), shall not be deemed received either by the division
department or by a local authority.
c. No refund shall be made to any licensee or permittee upon
the surrender of the license or permit if there is at the time
of surrender a complaint filed with the division department
or local authority charging the licensee or permittee with a
violation of this chapter.
Sec. 2406. Section 123.38, subsection 3, Code 2023, is
amended to read as follows:
3. The local authority may in its discretion authorize a
licensee or permittee to transfer the license or permit from
one location to another within the same incorporated city,
or within a county outside the corporate limits of a city,
provided that the premises to which the transfer is to be made
would have been eligible for a license or permit in the first
instance and such transfer will not result in the violation
of any law. All transfers authorized, and the particulars
of same, shall be reported to the administrator director
by the local authority. The administrator director may by
rule establish a uniform transfer fee to be assessed by all
local authorities upon licensees or permittees to cover the
administrative costs of such transfers, such fee to be retained
by the local authority involved.
Sec. 2407. Section 123.38A, Code 2023, is amended to read
as follows:
123.38A Confidential investigative records.
In order to assure a free flow of information for
accomplishing the purposes of section 123.4 and section
-1336-123.9, subsection 6, all complaint information, investigation
files, audit files, and inspection files, other investigation
reports, and other investigative information in the possession
of the division department or employees acting under the
authority of the administrator director under this chapter
are privileged and confidential, and are not subject to
discovery, subpoena, or other means of legal compulsion for
their release before administrative or criminal charges are
filed. However, investigative information in the possession
of division department employees under this chapter may be
disclosed to the licensing authorities of a city or county
within this state, in another state, the District of Columbia,
or territory or county in which the licensee or permittee is
licensed or permitted or has applied for a license or permit.
In addition, the investigative information can be shared with
any law enforcement agency or other state agency that also
has investigative, regulatory, or enforcement jurisdiction
authorized by law. Records received by the division department
for purposes of this chapter from other agencies which would
be confidential if created by the division department are
considered confidential.
Sec. 2408. Section 123.39, subsections 1 and 4, Code 2023,
are amended to read as follows:
1. a. (1) The administrator director or the local
authority may suspend a class “B”, special class “B” native
wine, class “C”, special class “C”, class “E”, or class “F”
retail alcohol license, or charity beer, spirits, and wine
special event license for a period not to exceed one year,
revoke the license, or impose a civil penalty not to exceed one
thousand dollars per violation.
(2) The administrator director may suspend a certificate
of compliance, a class “D” retail alcohol license, a
manufacturer’s license, a broker’s permit, a class “A” native
distilled spirits license, a class “A” or special class “A”
beer permit, a class “A” wine permit, a wine direct shipper’s
-1337-permit, or a wine carrier permit for a period not to exceed one
year, revoke the license, permit, or certificate, or impose a
civil penalty not to exceed one thousand dollars per violation.
b. A license, permit, or certificate of compliance issued
under this chapter may be suspended or revoked, or a civil
penalty may be imposed for any of the following causes:
(1) Misrepresentation of any material fact in the
application for the license, permit, or certificate.
(2) Violation of any of the provisions of this chapter.
(3) Any change in the ownership or interest in the business
operated under a retail alcohol license which change was not
previously reported in a manner prescribed by the administrator
director within thirty days of the change and subsequently
approved by the local authority, when applicable, and the
division department.
(4) An event which would have resulted in disqualification
from receiving the license, permit, or certificate when
originally issued.
(5) Any sale, hypothecation, or transfer of the license,
permit, or certificate.
(6) The failure or refusal on the part of any license,
permit, or certificate holder to render any report or remit any
taxes to the division department under this chapter when due.
c. A criminal conviction is not a prerequisite to
suspension, revocation, or imposition of a civil penalty
pursuant to this section.
d. A local authority which acts pursuant to this section,
section 123.32, or section 123.50 shall notify the division
department in writing of the action taken, and shall notify the
license or permit holder of the right to appeal a suspension,
revocation, or imposition of a civil penalty to the division
department.
e. Before suspension, revocation, or imposition of a civil
penalty by the administrator director, the license, permit,
or certificate holder shall be given written notice and an
-1338-opportunity for a hearing. The administrator director may
appoint a member of the division department or may request an
administrative law judge from the department of inspections
and appeals to conduct the hearing and issue a proposed
decision. Upon the motion of a party to the hearing or upon
the administrator’s director’s own motion, the administrator
director may review the proposed decision in accordance
with chapter 17A. Upon review of the proposed decision, the
administrator director may affirm, reverse, or modify the
proposed decision. A license, permit, or certificate holder
aggrieved by a decision of the administrator director may seek
judicial review of the administrator’s director’s decision in
accordance with chapter 17A.
f. Civil penalties imposed and collected by the local
authority under this section shall be retained by the local
authority. Civil penalties imposed and collected by the
division department under this section shall be credited to
the general fund of the state pursuant to section 123.17,
subsection 9.
4. If the cause for suspension is a first offense
violation of section 123.49, subsection 2, paragraph “h”,
the administrator director or local authority shall impose a
civil penalty in the amount of five hundred dollars in lieu of
suspension of the license or permit.
Sec. 2409. Section 123.41, subsections 1, 2, 3, and 4, Code
2023, are amended to read as follows:
1. Each completed application to obtain or renew a
manufacturer’s license shall be submitted to the division
department electronically, or in a manner prescribed by the
administrator director, and shall be accompanied by a fee of
three hundred dollars payable to the division department. The
administrator director may in accordance with this chapter
grant and issue to a manufacturer a manufacturer’s license,
valid for a one-year period after date of issuance, which shall
allow the manufacture, storage, and wholesale disposition and
-1339-sale of alcoholic liquors to the division department and to
customers outside of the state.
2. As a condition precedent to the approval and granting
of a manufacturer’s license, an applicant shall file with the
division department a basic permit issued by the alcohol and
tobacco tax and trade bureau of the United States department
of the treasury, and a statement under oath that the applicant
will faithfully observe and comply with all laws, rules, and
regulations governing the manufacture and sale of alcoholic
liquor.
3. A person who holds an experimental distilled spirits
plant permit or its equivalent issued by the alcohol and
tobacco tax and trade bureau of the United States department
of the treasury may produce alcohol for use as fuel without
obtaining a manufacturer’s license from the division
department.
4. A person who holds a manufacturer’s license shall file
with the division department, on or before the fifteenth day of
each calendar month, all documents filed by the manufacturer
with the alcohol and tobacco tax and trade bureau of the United
States department of the treasury, including all production,
storage, and processing reports.
Sec. 2410. Section 123.42, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. Prior to representing or promoting alcoholic liquor
products in the state, the broker shall submit a completed
application to the division department electronically, or in a
manner prescribed by the administrator director, for a broker’s
permit. The administrator director may in accordance with this
chapter issue a broker’s permit which shall be valid for one
year from the date of issuance unless it is sooner suspended or
revoked for a violation of this chapter.
2. At the time of applying for a broker’s permit, each
applicant shall submit to the division department a list of
names and addresses of all manufacturers, distillers, and
-1340-importers whom the applicant has been appointed to represent
in the state of Iowa for any purpose. The listing shall be
amended by the broker as necessary to keep the listing current
with the division department.
Sec. 2411. Section 123.43, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a class “A” native distilled spirits
license shall submit an application electronically, or in a
manner prescribed by the administrator director, which shall
set forth under oath the following:
Sec. 2412. Section 123.43, subsection 1, paragraphs e and g,
Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where the
applicant intends to use the license, to include a sketch or
drawing of the premises and, if applicable, the number of
square feet of interior floor space which comprises the retail
sales area of the premises.
g. Any other information as required by the administrator
director.
Sec. 2413. Section 123.43, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Except as otherwise provided in this chapter, the
administrator director shall issue a class “A” native distilled
spirits license to any applicant who establishes all of the
following:
Sec. 2414. Section 123.43, subsection 2, paragraph d, Code
2023, is amended to read as follows:
d. That the applicant has filed with the division department
a basic permit issued by the alcohol and tobacco tax and trade
bureau of the United States department of the treasury, and
that the applicant will faithfully observe and comply with all
laws, rules, and regulations governing the manufacture and sale
of alcoholic liquor.
-1341- Sec. 2415. Section 123.43A, subsections 1, 3, 4, and 5, Code
2023, are amended to read as follows:
1. Subject to rules of the division department, a native
distillery holding a class “A” native distilled spirits license
issued pursuant to section 123.43 may sell or offer for sale
native distilled spirits. As provided in this section, sales
of native distilled spirits manufactured on the premises may
be made at retail for off-premises consumption when sold on
the premises of the native distillery that manufactures native
distilled spirits. All sales intended for resale in this
state shall be made through the state’s wholesale distribution
system.
3. A native distillery shall not sell native distilled
spirits other than as permitted in this chapter and shall
not allow native distilled spirits sold for consumption off
the premises to be consumed upon the premises of the native
distillery. However, native distilled spirits may be tasted
pursuant to the rules of the division department on the
premises where fermented, distilled, or matured, when no charge
is made for the tasting.
4. The sale of native distilled spirits to the division
department for wholesale disposition and sale by the division
department shall be subject to the requirements of this chapter
regarding such disposition and sale.
5. A native distillery issued a class “A” native distilled
spirits license shall file with the division department, on or
before the fifteenth day of each calendar month, all documents
filed by the native distillery with the alcohol and tobacco
tax and trade bureau of the United States department of the
treasury, including all production, storage, and processing
reports.
Sec. 2416. Section 123.44, Code 2023, is amended to read as
follows:
123.44 Gifts prohibited.
A manufacturer or broker shall not give away alcoholic
-1342-liquor at any time in connection with the manufacturer’s or
broker’s business except for testing or sampling purposes only.
A manufacturer, distiller, vintner, brewer, broker, wholesaler,
or importer, organized as a corporation pursuant to the laws of
this state or any other state, who deals in alcoholic beverages
subject to regulation under this chapter shall not offer or
give anything of value to a commission member, official or
employee of the division department under this chapter, or
directly or indirectly contribute in any manner any money or
thing of value to a person seeking a public or appointive
office or a recognized political party or a group of persons
seeking to become a recognized political party.
Sec. 2417. Section 123.46A, subsection 2, Code 2023, is
amended to read as follows:
2. Licensees authorized to sell wine, beer, or mixed drinks
or cocktails for consumption off the licensed premises in a
container other than the original container may deliver the
wine, beer, or mixed drinks or cocktails to a home or other
designated location in this state only if the container other
than the original container has been sold and securely sealed
in compliance with this chapter or the rules of the division
department. Deliveries shall be limited to alcoholic beverages
authorized by the licensee’s license or permit.
Sec. 2418. Section 123.46A, subsection 3, paragraph g, Code
2023, is amended to read as follows:
g. Delivery of alcoholic liquor, wine, beer, or mixed drinks
or cocktails shall be made by the licensee, the licensee’s
employee, or a third party, provided the licensee has entered
into a written agreement with the third party that authorizes
the third party to act as an agent of the licensee for the
purpose of delivering alcoholic liquor, wine, beer, or mixed
drinks or cocktails. Each licensee shall submit to the
division department electronically, or in a manner prescribed
by the administrator director, a list of names and addresses of
all third parties it has authorized to act as its agent for the
-1343-purpose of delivering alcoholic liquor, wine, beer, or mixed
drinks or cocktails. The licensee shall provide the division
department with amendments to the list as necessary to ensure
the division department possesses an accurate, current list.
Sec. 2419. Section 123.49, subsection 2, paragraph d,
subparagraphs (1), (2), and (3), Code 2023, are amended to read
as follows:
(1) Keep on premises covered by a retail alcohol license any
alcoholic liquor in any container except the original package
purchased from the division department, and except mixed drinks
or cocktails mixed on the premises for immediate consumption
on the licensed premises or as otherwise provided by this
paragraph “d”. This prohibition does not apply to holders
of a class “D” retail alcohol license or to alcoholic liquor
delivered in accordance with section 123.46A.
(2) Mixed drinks or cocktails mixed on the premises that are
not for immediate consumption may be consumed on the licensed
premises subject to the requirements of this subparagraph
pursuant to rules adopted by the division department. The
rules shall provide that the mixed drinks or cocktails be
stored, for no longer than seventy-two hours, in a labeled
container in a quantity that does not exceed three gallons.
The rules shall also provide that added flavors and other
nonbeverage ingredients included in the mixed drinks or
cocktails shall not include hallucinogenic substances or added
caffeine or other added stimulants including but not limited to
guarana, ginseng, and taurine. The rules shall also require
that the licensee keep records as to when the contents in
a particular container were mixed and the recipe used for
that mixture. In addition, mixed drinks or cocktails mixed
on the premises pursuant to this subparagraph may be sold
for consumption off the licensed premises as provided in and
subject to the requirements of subparagraph (3).
(3) Mixed drinks or cocktails mixed on premises covered
by a class “C” retail alcohol license for consumption off the
-1344-licensed premises may be sold if the mixed drink or cocktail is
immediately filled in a sealed container and is promptly taken
from the licensed premises prior to consumption of the mixed
drink or cocktail. A mixed drink or cocktail that is sold in a
sealed container in compliance with the requirements of this
subparagraph and rules adopted by the division department shall
not be deemed an open container subject to the requirements
of sections 321.284 and 321.284A if the sealed container is
unopened and the seal has not been tampered with, and the
contents of the container have not been partially removed.
Sec. 2420. Section 123.50, subsection 2, Code 2023, is
amended to read as follows:
2. The conviction of any retail alcohol licensee for a
violation of any of the provisions of section 123.49, subject
to subsection 3 of this section, is grounds for the suspension
or revocation of the license or permit by the division
department or the local authority. However, if any retail
alcohol licensee is convicted of any violation of section
123.49, subsection 2, paragraph “a” or “e”, or any retail
alcohol licensee, excluding a special class “B” or class “D”
retail alcohol licensee, is convicted of a violation of section
123.49, subsection 2, paragraph “d”, the retail alcohol license
shall be revoked and shall immediately be surrendered by the
holder, and the bond, if any, of the license holder shall be
forfeited to the division department. However, the division
department shall retain only that portion of the bond equal
to the amount the division department determines the license
holder owes the division department.
Sec. 2421. Section 123.50, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If any retail alcohol licensee or employee of a licensee is
convicted or found in violation of section 123.49, subsection
2, paragraph “h”, the administrator director or local authority
shall, in addition to criminal penalties fixed for violations
by this section, assess a civil penalty as follows:
-1345- Sec. 2422. Section 123.50, subsection 4, Code 2023, is
amended to read as follows:
4. In addition to any other penalties imposed under this
chapter, the division department shall assess a civil penalty
up to the amount of five thousand dollars upon a class “E”
retail alcohol licensee when the class “E” retail alcohol
license is revoked for a violation of section 123.59. Failure
to pay the civil penalty as required under this subsection
shall result in forfeiture of the bond to the division
department. However, the division department shall retain
only that portion of the bond equal to the amount the division
department determines the license or permit holder owes the
division department.
Sec. 2423. Section 123.50A, subsections 1, 2, and 4, Code
2023, are amended to read as follows:
1. If sufficient funding is appropriated, the division
department shall develop an alcohol compliance employee
training program, not to exceed two hours in length for
employees and prospective employees of licensees and
permittees, to inform the employees about state laws and
regulations regarding the sale of alcoholic beverages to
persons under legal age, and compliance with and the importance
of laws regarding the sale of alcoholic beverages to persons
under legal age. In developing the alcohol compliance employee
training program, the division department may consult with
stakeholders who have expertise in the laws and regulations
regarding the sale of alcoholic beverages to persons under
legal age.
2. The alcohol compliance employee training program shall
be made available to employees and prospective employees
of licensees and permittees at no cost to the employee,
the prospective employee, or the licensee or permittee, and
in a manner which is as convenient and accessible to the
extent practicable throughout the state so as to encourage
attendance. Contingent upon the availability of specified
-1346-funds for provision of the program, the division department
shall schedule the program on at least a monthly basis and the
program shall be available at a location in at least a majority
of counties.
4. The division department shall also offer periodic
continuing employee training and recertification for employees
who have completed initial training and received an initial
certificate of completion as part of the alcohol compliance
employee training program.
Sec. 2424. Section 123.56, subsections 3 and 4, Code 2023,
are amended to read as follows:
3. Upon filing a suit in equity in district court pursuant
to subsection 2, the county attorney or city attorney shall
notify the administrator director of the action. Upon
receiving notice, the administrator director shall issue an
order reducing the hours during which alcoholic beverages may
be sold or consumed at retail on the licensed premises to
between 6:00 a.m.and 10:00 p.m.each day of the week during
the pendency of the action in equity. The county attorney or
city attorney shall notify the administrator director of any
final action or judgment entered resulting from the action.
4. In an action seeking abatement of a public safety
nuisance as provided in this section, evidence of other
current violations of this chapter may be received by the
court and considered in determining the remedial provisions
of any abatement order. In addition, evidence of prior
sanctions, violations of law, nuisance behavior, or general
reputation relating to the licensed premises may be admissible
in determining the reasonableness of remedial provisions of an
abatement order. However, evidence of a prior conviction of
the licensee, managers, employees, or contemporaneous patrons
and guests is not necessary for purposes of considering or
issuing an abatement order under this section. In an action
under this section, the administrator director may submit
to the court a report as evidence on behalf of the division
-1347- department regarding the compliance history of the licensee or
permittee for consideration by the court.
Sec. 2425. Section 123.57, Code 2023, is amended to read as
follows:
123.57 Examination of accounts.
The financial condition and transactions of all offices,
departments, warehouses, and depots of concerning the division
alcohol beverage control activities of the department shall be
examined at least once each year by the state auditor and at
shorter periods if requested by the administrator director,
governor, commission, or the general assembly’s standing
committees on government oversight.
Sec. 2426. Section 123.58, Code 2023, is amended to read as
follows:
123.58 Auditing.
All provisions of sections 11.6, 11.11, 11.14, 11.21,
11.31, and 11.41, relating to auditing of financial records
of governmental subdivisions which are not inconsistent with
this chapter are applicable to the division department and its
offices, warehouses, and depots under this chapter.
Sec. 2427. Section 123.92, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Subject to the limitation amount specified in paragraph
“c”, if applicable, any third party who is not the intoxicated
person who caused the injury at issue and who is injured in
person or property or means of support by an intoxicated person
or resulting from the intoxication of a person, has a right of
action for damages actually sustained, severally or jointly
against any licensee or permittee, whether or not the license
or permit was issued by the division department or by the
licensing authority of any other state, who sold and served any
alcoholic beverage directly to the intoxicated person, provided
that the person was visibly intoxicated at the time of the sale
or service.
Sec. 2428. Section 123.92, subsection 2, paragraphs a and c,
-1348-Code 2023, are amended to read as follows:
a. Every retail alcohol licensee, except a class “B”,
special class “B”, or class “E” retail alcohol licensee, shall
furnish proof of financial responsibility by the existence of
a liability insurance policy in an amount determined by the
division department. If an insurer provides dramshop liability
insurance at a new location to a licensee or permittee who has
a positive loss experience at other locations for which such
insurance is provided by the insurer, and the insurer bases
premium rates at the new location on the negative loss history
of the previous licensee at that location, the insurer shall
examine and consider adjusting the premium for the new location
not less than thirty months after the insurance is issued,
based on the loss experience of the licensee at that location
during that thirty-month period of time.
c. The purpose of dramshop liability insurance is to provide
protection for members of the public who experience damages as
a result of licensees serving patrons any alcoholic beverage
to a point that reaches or exceeds the standard set forth in
law for liability. Minimum coverage requirements for such
insurance are not for the purpose of making the insurance
affordable for all licensees regardless of claims experience.
A dramshop liability insurance policy obtained by a licensee
shall meet the minimum insurance coverage requirements as
determined by the division department and is a mandatory
condition for holding a license.
Sec. 2429. Section 123.95, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. The holder of an annual class “C” retail alcohol license
may act as the agent of a private social host for the purpose
of providing and serving alcoholic beverages as part of a food
catering service for a private social gathering in a private
place, provided the licensee has applied for and been granted a
catering privilege by the division department. The holder of
an annual special class “C” retail alcohol license shall not
-1349-act as the agent of a private social host for the purpose of
providing and serving wine and beer as part of a food catering
service for a private social gathering in a private place. An
applicant for a class “C” retail alcohol license shall state
on the application for the license that the licensee intends
to engage in catering food and alcoholic beverages for private
social gatherings and the catering privilege shall be noted on
the license.
Sec. 2430. Section 123.125, Code 2023, is amended to read
as follows:
123.125 Issuance of beer permits.
The administrator director shall issue class “A” and special
class “A” beer permits and may suspend or revoke permits for
cause as provided in this chapter.
Sec. 2431. Section 123.126A, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding any provision of this chapter to the
contrary, a manufacturer of beer may obtain and possess
alcoholic liquor from the division department for the purpose
of manufacturing canned cocktails.
Sec. 2432. Section 123.127, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a class “A” or special class “A” beer
permit shall submit a completed application electronically, or
in a manner prescribed by the administrator director, which
shall set forth under oath the following:
Sec. 2433. Section 123.127, subsection 1, paragraphs e and
g, Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where
the applicant intends to use the permit, to include a sketch
or drawing of the premises and, if applicable, the number of
square feet of interior floor space which comprises the retail
sales area of the premises.
-1350- g. Any other information as required by the administrator
director.
Sec. 2434. Section 123.127, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The administrator director shall issue a class “A” or
special class “A” beer permit to any applicant who establishes
all of the following:
Sec. 2435. Section 123.127, subsection 2, paragraphs d and
g, Code 2023, are amended to read as follows:
d. That the applicant has filed with the division department
a basic permit issued by the alcohol and tobacco tax and trade
bureau of the United States department of the treasury, and
that the applicant will faithfully observe and comply with all
laws, rules, and regulations governing the manufacture and sale
of beer.
g. That the applicant has submitted a bond in the amount
of ten thousand dollars in a manner prescribed by the
administrator director with good and sufficient sureties to be
approved by the division department conditioned upon compliance
with this chapter.
Sec. 2436. Section 123.130, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Any person holding a class “A” beer permit issued by
the division department shall be authorized to manufacture
and sell, or sell at wholesale, beer for consumption off the
premises, such sales within the state to be made only to
persons holding a subsisting class “A” beer permit, or retail
alcohol licenses, excluding a special class “B” retail native
wine license, issued in accordance with the provisions of this
chapter. However, a person holding a class “A” beer permit
issued by the division department who also holds a brewer’s
notice issued by the alcohol and tobacco tax and trade bureau
of the United States department of the treasury shall be
authorized to sell, at wholesale, no more than thirty thousand
barrels of beer on an annual basis for consumption off the
-1351-premises to a licensee authorized under this chapter to sell
beer at retail.
Sec. 2437. Section 123.130, subsection 5, Code 2023, is
amended to read as follows:
5. A manufacturer of beer issued a class “A” or special
class “A” beer permit shall file with the division department,
on or before the fifteenth day of each calendar month, all
documents filed with the alcohol and tobacco tax and trade
bureau of the United States department of the treasury,
including all brewer’s operation and excise tax return reports.
Sec. 2438. Section 123.135, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A manufacturer, brewer, bottler, importer, or vendor of
beer, or any agent thereof, desiring to ship or sell beer, or
have beer brought into this state for resale by a class “A”
beer permittee, shall first make application for and be issued
a brewer’s certificate of compliance by the administrator
director for that purpose. The certificate of compliance
expires at the end of one year from the date of issuance and
shall be renewed for a like period upon application to the
administrator director unless otherwise revoked for cause.
Each completed application for a certificate of compliance or
renewal of a certificate shall be submitted electronically,
or in a manner prescribed by the administrator director, and
shall be accompanied by a fee of two hundred dollars payable
to the division department. Each holder of a certificate
of compliance shall furnish the information in a manner the
administrator director requires.
2. At the time of applying for a certificate of compliance,
each applicant shall file with the division department a list
of all class “A” beer permittees with whom it intends to do
business and shall designate the geographic area in which its
products are to be distributed by such permittee. The listing
of class “A” beer permittees and geographic area as filed with
the division department shall be amended by the holder of a
-1352-certificate of compliance as necessary to keep the listing
current with the division department.
3. All class “A” beer permit holders shall sell only
those brands of beer which are manufactured, brewed,
bottled, shipped, or imported by a person holding a current
certificate of compliance. Any employee or agent working for
or representing the holder of a certificate of compliance
within this state shall submit electronically, or in a manner
prescribed by the administrator director, the employee’s or
agent’s name and address with the division department.
Sec. 2439. Section 123.137, subsection 1, Code 2023, is
amended to read as follows:
1. A person holding a class “A” or special class “A” beer
permit shall, on or before the tenth day of each calendar month
commencing on the tenth day of the calendar month following
the month in which the person is issued a beer permit, make a
report under oath to the division department electronically, or
in a manner prescribed by the administrator director, showing
the exact number of barrels of beer, or fractional parts of
barrels, sold by the beer permit holder during the preceding
calendar month. The report shall also state information the
administrator director requires, and beer permit holders shall
at the time of filing a report pay to the division department
the amount of tax due at the rate fixed in section 123.136.
Sec. 2440. Section 123.138, Code 2023, is amended to read
as follows:
123.138 Records required — keg identification label.
1. Each class “A” or special class “A” beer permittee shall
keep proper records showing the amount of beer sold by the
permittee, and these records shall be at all times open to
inspection by the administrator director and to other persons
pursuant to section 123.30, subsection 1. Each retail alcohol
licensee as described in section 123.30 shall keep proper
records showing each purchase of beer made by the licensee, and
the date and the amount of each purchase and the name of the
-1353-person from whom each purchase was made, which records shall be
open to inspection pursuant to section 123.30, subsection 1,
during normal business hours of the licensee.
2. a. Each retail alcohol licensee who sells beer for
off-premises consumption shall affix to each keg of beer an
identification label provided by the administrator director.
The label provided shall allow for its full removal when
common external keg cleaning procedures are performed. For
the purposes of this subsection, “keg” means all durable and
disposable containers with a liquid capacity of five gallons or
more. Each retail alcohol licensee shall also keep a record
of the identification label number of each keg of beer sold by
the licensee with the name and address of the purchaser and
the number of the purchaser’s driver’s license, nonoperator’s
identification card, or military identification card, if
the military identification card contains a picture and
signature. This information shall be retained by the licensee
for a minimum of ninety days. The records kept pursuant to
this subsection shall be available for inspection by any law
enforcement officer during normal business hours.
b. (1) The division department shall provide the keg
identification labels described in paragraph “a” and shall,
prior to utilizing a label, notify licensed brewers and
licensed beer importers of the type of label to be utilized.
Each label shall contain a number and the following statement:
It is unlawful to sell, give, or otherwise supply any
alcoholic beverage, wine, or beer to any person under legal
age. Any person who defaces this label shall be guilty of
criminal mischief punishable pursuant to section 716.6.
(2) The identification label shall be placed on the keg at
the time of retail sale. The licensee shall obtain the labels
referred to in this subsection from the division department.
The cost of the labels to licensees shall not exceed the
division’s department’s cost of producing and distributing
the labels. The moneys collected by the division department
-1354- relating to the sale of labels shall be credited to the beer
and liquor control fund.
c. The provisions of this subsection shall be implemented
uniformly throughout the state. The provisions of this
subsection shall preempt any local county or municipal
ordinance regarding keg registration or the sale of beer in
kegs. In addition, a county or municipality shall not adopt or
continue in effect an ordinance regarding keg registration or
the sale of beer in kegs.
Sec. 2441. Section 123.143, subsection 1, Code 2023, is
amended to read as follows:
1. All permit fees collected by the division department
under this subchapter shall accrue to the beer and liquor
control fund, except as otherwise provided. All taxes
collected by the division department under this subchapter
shall accrue to the state general fund, except as otherwise
provided.
Sec. 2442. Section 123.173, subsection 3, Code 2023, is
amended to read as follows:
3. A class “A” wine permittee shall be required to deliver
wine to a retail alcohol licensee, and a retail alcohol
licensee shall be required to accept delivery of wine from a
class “A” wine permittee, only at the licensed premises of the
retail alcohol licensee. Except as specifically permitted by
the division department upon good cause shown, delivery or
transfer of wine from an unlicensed premises to a licensed
retail alcohol licensee’s premises, or from one licensed retail
alcohol licensee’s premises to another licensed retail alcohol
licensee’s premises, even if there is common ownership of all
of the premises by one retail permittee, is prohibited.
Sec. 2443. Section 123.173A, subsection 2, Code 2023, is
amended to read as follows:
2. Upon application to the division department and receipt
of a charity beer, spirits, and wine special event license, an
authorized nonprofit entity may conduct a charity special event
-1355-subject to the requirements of this section.
Sec. 2444. Section 123.173A, subsection 4, paragraph a,
Code 2023, is amended to read as follows:
a. The charity event shall be conducted on a premises
covered by a valid retail alcohol license issued by the
division department.
Sec. 2445. Section 123.173A, subsection 5, paragraph b,
Code 2023, is amended to read as follows:
b. The retail alcohol license number issued by the division
department for the premises where a charity event is to be
conducted, if applicable.
Sec. 2446. Section 123.174, Code 2023, is amended to read
as follows:
123.174 Issuance of wine permits.
The administrator director shall issue wine permits as
provided in this chapter, and may suspend or revoke a wine
permit for cause as provided in this chapter.
Sec. 2447. Section 123.175, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
A person applying for a class “A” wine permit shall submit a
completed application electronically, or in a manner prescribed
by the administrator director, which shall set forth under oath
the following:
Sec. 2448. Section 123.175, subsection 1, paragraphs e and
g, Code 2023, are amended to read as follows:
e. When required by the administrator director, and in
such form and containing such information as the administrator
director may require, a description of the premises where the
applicant intends to use the permit, to include a sketch or
drawing of the premises.
g. Any other information as required by the administrator
director.
Sec. 2449. Section 123.175, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The administrator director shall issue a class “A” wine
-1356-permit to any applicant who establishes all of the following:
Sec. 2450. Section 123.175, subsection 2, paragraphs d and
g, Code 2023, are amended to read as follows:
d. That the applicant has filed with the division department
a basic permit issued by the alcohol and tobacco tax and trade
bureau of the United States department of the treasury, and
that the applicant will faithfully observe and comply with all
the laws, rules, and regulations governing the manufacture and
sale of wine.
g. That the applicant has submitted a bond in the amount
of five thousand dollars in a manner prescribed by the
administrator director with good and sufficient sureties to be
approved by the division department conditioned upon compliance
with this chapter.
Sec. 2451. Section 123.176, subsections 1, 2, 7, and 8, Code
2023, are amended to read as follows:
1. Subject to rules of the division department,
manufacturers of native wines from grapes, cherries, other
fruits or other fruit juices, vegetables, vegetable juices,
dandelions, clover, honey, or any combination of these
ingredients, holding a class “A” wine permit as required by
this chapter, may sell, keep, or offer for sale and deliver the
wine. Notwithstanding section 123.24, subsection 2, paragraph
“b”, or any other provision of this chapter, manufacturers
of native wine may obtain and possess grape brandy from the
division department for the sole purpose of manufacturing wine.
2. Native wine may be sold at retail for off-premises
consumption when sold on the premises of the manufacturer, or
in a retail establishment operated by the manufacturer. Sales
may also be made to class “A” or retail alcohol licensees as
authorized by sections 123.30 and 123.177. A manufacturer of
native wines shall not sell the wines other than as permitted
in this chapter and shall not allow wine sold to be consumed
upon the premises of the manufacturer. However, prior to
sale, native wines may be tasted pursuant to the rules of the
-1357-division department on the premises where made, when no charge
is made for the tasting.
7. A manufacturer may use the space and equipment of another
manufacturer for the purpose of manufacturing native wine,
provided that such an alternating proprietorship arrangement
is approved by the alcohol and tobacco tax and trade bureau
of the United States department of the treasury. A separate
class “A” wine permit shall be issued to each manufacturer,
and each manufacturer shall be subject to the provisions
of this chapter and the rules of the division department.
Notwithstanding subsection 5, not more than one class “C”
retail alcohol license shall be issued to a premises with
alternating proprietorships.
8. A manufacturer of native wines shall file with the
division department, on or before the fifteenth day of each
calendar month, all documents filed with the alcohol and
tobacco tax and trade bureau of the United States department of
the treasury, including all wine premises operations and excise
tax return reports.
Sec. 2452. Section 123.180, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A manufacturer, vintner, bottler, importer, or vendor of
wine, or an agent thereof, desiring to ship, sell, or have wine
brought into this state for sale at wholesale by a class “A”
permittee shall first make application for and shall be issued
a vintner’s certificate of compliance by the administrator
director for that purpose. The vintner’s certificate of
compliance shall expire at the end of one year from the
date of issuance and shall be renewed for a like period upon
application to the administrator director unless otherwise
revoked for cause. Each completed application for a vintner’s
certificate of compliance or renewal of a certificate shall
be submitted electronically, or in a manner prescribed by the
administrator director, and shall be accompanied by a fee of
two hundred dollars payable to the division department. Each
-1358-holder of a vintner’s certificate of compliance shall furnish
the information required by the administrator director in the
form the administrator director requires. A vintner or wine
bottler whose plant is located in Iowa and who otherwise holds
a class “A” wine permit to sell wine at wholesale is exempt
from the fee, but not the other terms and conditions. The
holder of a vintner’s certificate of compliance may also hold a
class “A” wine permit.
2. At the time of applying for a vintner’s certificate
of compliance, each applicant shall file with the division
department a list of all class “A” wine permittees with
whom it intends to do business. The listing of class “A”
wine permittees as filed with the division department shall
be amended by the holder of the certificate of compliance
as necessary to keep the listing current with the division
department.
3. All class “A” wine permit holders shall sell only those
brands of wine which are manufactured, bottled, fermented,
shipped, or imported by a person holding a current vintner’s
certificate of compliance. An employee or agent working for
or representing the holder of a vintner’s certificate of
compliance within this state shall register the employee’s
or agent’s name and address with the division department.
These names and addresses shall be filed with the division’s
department’s copy of the certificate of compliance issued
except that this provision does not require the listing of
those persons who are employed on the premises of a bottling
plant, or winery where wine is manufactured, fermented,
or bottled in Iowa or the listing of those persons who are
thereafter engaged in the transporting of the wine.
Sec. 2453. Section 123.184, Code 2023, is amended to read
as follows:
123.184 Report of gallonage sales — penalty.
1. Each class “A” wine permit holder on or before the
tenth day of each calendar month commencing on the tenth day
-1359-of the calendar month following the month in which the person
is issued a permit, shall make a report under oath to the
division department electronically, or in a manner prescribed
by the administrator director, showing the exact number of
gallons of wine and fractional parts of gallons sold by that
permit holder during the preceding calendar month. The report
also shall state whatever reasonable additional information
the administrator director requires. The permit holder at
the time of filing this report shall pay to the division
department the amount of tax due at the rate fixed in section
123.183. A penalty of ten percent of the amount of the tax
shall be assessed and collected if the report required to be
filed pursuant to this subsection is not filed and the tax paid
within the time required by this subsection.
2. Each wine direct shipper license holder shall make a
report under oath to the division department electronically,
or in a manner prescribed by the administrator director, on
or before the tenth day of the calendar months of June and
December, showing the exact number of gallons of wine and
fractional parts of gallons sold and shipped pursuant to
section 123.187 during the preceding six-month calendar period.
The report shall also state whatever reasonable additional
information the administrator director requires. The license
holder at the time of filing this report shall pay to the
division department the amount of tax due at the rate fixed
in section 123.183. A penalty of ten percent of this amount
shall be assessed and collected if the report required to be
filed pursuant to this subsection is not filed and the tax paid
within the time required by this subsection.
Sec. 2454. Section 123.186, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. The division department shall adopt as rules the
substance of the federal regulations 27 C.F.R. pt.6, 27 C.F.R.
pt.8, 27 C.F.R. pt.10, and 27 C.F.R. pt.11.
2. The division department shall adopt as rules the
-1360-substance of 27 C.F.R. §6.88, to permit a manufacturer of
alcoholic beverages, wine, or beer, or an agent of such
manufacturer, to provide to a retailer without charge wine and
beer coil cleaning services, including carbon dioxide filters
and other necessary accessories to properly clean the coil and
affix carbon dioxide filters. The rules shall provide that the
manufacturer shall be responsible for paying the costs of any
filters provided.
Sec. 2455. Section 123.187, subsection 2, paragraphs b and
d, Code 2023, are amended to read as follows:
b. A wine manufacturer applying for a wine direct
shipper permit shall submit an application for the permit
electronically, or in a manner prescribed by the administrator
director, accompanied by a true copy of the manufacturer’s
current alcoholic beverage license or permit issued by the
state where the manufacturer is primarily located and a copy
of the manufacturer’s basic permit issued by the alcohol and
tobacco tax and trade bureau of the United States department of
the treasury.
d. A permit issued pursuant to this section may be
renewed annually by submitting a renewal application with
the administrator director in a manner prescribed by the
administrator director, accompanied by the twenty-five dollar
permit fee.
Sec. 2456. Section 123.187, subsection 3, paragraph c, Code
2023, is amended to read as follows:
c. All containers of wine shipped directly to a resident
of this state shall be conspicuously labeled with the words
“CONTAINS ALCOHOL: SIGNATURE OF PERSON AGE 21 OR OLDER
REQUIRED FOR DELIVERY” or shall be conspicuously labeled with
alternative wording preapproved by the administrator director.
Sec. 2457. Section 123.187, subsections 4 and 5, Code 2023,
are amended to read as follows:
4. A wine direct shipper permittee shall remit to the
division department an amount equivalent to the wine gallonage
-1361-tax on wine subject to direct shipment at the rate specified
in section 123.183 for deposit as provided in section 123.183,
subsections 2 and 3. The amount shall be remitted at the time
and in the manner provided in section 123.184, subsection
2, and the ten percent penalty specified therein shall be
applicable.
5. A wine direct shipper permittee shall be deemed to have
consented to the jurisdiction of the division department or any
other agency or court in this state concerning enforcement of
this section and any related laws, rules, or regulations. A
permit holder shall allow the division department to perform an
audit of shipping records upon request.
Sec. 2458. Section 123.188, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A person desiring to deliver wine subject to direct
shipment within this state pursuant to section 123.187 shall
submit an application for a wine carrier permit electronically,
or in a manner prescribed by the administrator director, which
shall be accompanied by a fee in the amount of one hundred
dollars.
2. The administrator director may in accordance with this
chapter issue a wine carrier permit which shall be valid
for one year from the date of issuance unless it is sooner
suspended or revoked for a violation of this chapter.
3. A permit issued pursuant to this section may be
renewed annually by submitting a renewal application with
the administrator director in a manner prescribed by the
administrator director, accompanied by the one hundred dollar
permit fee.
Sec. 2459. Section 123.188, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. A wine carrier permittee shall maintain records of wine
shipped which include the permit number and name of the wine
manufacturer, quantity of wine shipped, recipient’s name and
address, and an electronic or paper form of signature from
-1362-the recipient of the wine. Records shall be submitted to the
division department on a monthly basis in a form and manner to
be determined by the division department.
Sec. 2460. Section 321.19, subsection 1, paragraph c,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Persons in the department of justice, the alcoholic
beverages division of the department of commerce, disease
investigators of the Iowa department of public health, the
department of inspections and appeals, and the department of
revenue, who are regularly assigned to conduct investigations
which cannot reasonably be conducted with a vehicle displaying
“official” state registration plates.
Sec. 2461. Section 453A.2, subsections 4, 6, and 7, Code
2023, are amended to read as follows:
4. The alcoholic beverages division of the department of
commerce, a county, or a city may directly enforce this section
in district court and initiate proceedings pursuant to section
453A.22 before a permit-issuing authority which issued the
permit against a permit holder violating this section.
6. If a county or a city has not assessed a penalty pursuant
to section 453A.22, subsection 2, for a violation of subsection
1, within sixty days of the adjudication of the violation,
the matter shall be transferred to and be the exclusive
responsibility of the alcoholic beverages division of the
department of commerce. Following transfer of the matter, if
the violation is contested, the alcoholic beverages division
of the department of commerce shall request an administrative
hearing before an administrative law judge, assigned by the
division of administrative hearings of the department of
inspections and appeals in accordance with the provisions of
section 10A.801, to adjudicate the matter pursuant to chapter
17A.
7. A tobacco compliance employee training fund is
created in the office of the treasurer of state. The fund
shall consist of civil penalties assessed by the alcoholic
-1363-beverages division of the department of commerce under
section 453A.22 for violations of this section. Moneys in
the fund are appropriated to the alcoholic beverages division
of the department of commerce and shall be used to develop
and administer the tobacco compliance employee training
program under section 453A.5. Moneys deposited in the fund
shall not be transferred, used, obligated, appropriated, or
otherwise encumbered except as provided in this subsection.
Notwithstanding section 8.33, any unexpended balance in the
fund at the end of the fiscal year shall be retained in the
fund.
Sec. 2462. Section 453A.5, subsection 1, Code 2023, is
amended to read as follows:
1. The alcoholic beverages division of the department of
commerce shall develop a tobacco compliance employee training
program not to exceed two hours in length for employees and
prospective employees of retailers, as defined in sections
453A.1 and 453A.42, to inform the employees about state and
federal laws and regulations regarding the sale of tobacco,
tobacco products, alternative nicotine products, vapor
products, and cigarettes to persons under twenty-one years of
age and compliance with and the importance of laws regarding
the sale of tobacco, tobacco products, alternative nicotine
products, vapor products, and cigarettes to persons under
twenty-one years of age.
Sec. 2463. Section 453A.13, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. The department, or a A city or county, shall submit
a duplicate of any application for a retail permit to the
alcoholic beverages division of the department of commerce
within thirty days of the issuance. The alcoholic beverages
division of the department of commerce shall submit the current
list of all retail permits issued to the Iowa department of
public health by the last day of each quarter of a state fiscal
year.
-1364- Sec. 2464. Section 453A.22, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
If a retailer or employee of a retailer has violated section
453A.2 or section 453A.36, subsection 6, the department or
local authority, or the alcoholic beverages division of the
department of commerce following transfer of the matter to the
alcoholic beverages division of the department of commerce
pursuant to section 453A.2, subsection 6, in addition to the
other penalties fixed for such violations in this section,
shall assess a penalty upon the same hearing and notice as
prescribed in subsection 1 as follows:
Sec. 2465. Section 453A.22, subsection 6, Code 2023, is
amended to read as follows:
6. The department or local authority shall report the
suspension or revocation of a retail permit under this section
to the alcoholic beverages division of the department of
commerce within thirty days of the suspension or revocation of
the retail permit.
Sec. 2466. Section 453A.47A, subsection 6, Code 2023, is
amended to read as follows:
6. Issuance. Cities may issue retail permits to retailers
located within their respective limits. County boards of
supervisors may issue retail permits to retailers located in
their respective counties, outside of the corporate limits of
cities. The city or county shall submit a duplicate of any
application for a retail permit to the alcoholic beverages
division of the department of commerce within thirty days of
issuance of a permit. The alcoholic beverages division of the
department of commerce shall submit the current list of all
retail permits issued to the Iowa department of public health
by the last day of each quarter of a state fiscal year.
Sec. 2467. Section 455C.3, subsections 2 and 5, Code 2023,
are amended to read as follows:
2. A distributor shall accept and pick up from a
participating dealer served by the distributor or a redemption
-1365-center for a dealer served by the distributor at least weekly,
or when the distributor delivers the beverage product if
deliveries are less frequent than weekly, any empty beverage
container of the kind, size, and brand sold by the distributor,
and shall pay to the participating dealer or redemption center
the refund value of a beverage container and the reimbursement
as provided under section 455C.2 within one week following
pickup of the containers or when the participating dealer
normally pays the distributor for the deposit on beverage
products purchased from the distributor if less frequent than
weekly. A distributor or employee or agent of a distributor is
not in violation of this subsection if a redemption center is
closed when the distributor attempts to make a regular pickup
of empty beverage containers. This subsection does not apply
to a distributor selling alcoholic liquor to the alcoholic
beverages division of the department of commerce revenue.
5. The alcoholic beverages division of the department
of commerce revenue shall provide for the disposal of
empty beverage containers as required under subsection
2. The division department of revenue shall give priority
consideration to the recycling of the empty beverage containers
to the extent possible, before any other appropriate disposal
method is considered or implemented.
CONFORMING CHANGES
Sec. 2468. Section 7E.5, subsection 1, paragraph c, Code
2023, is amended to read as follows:
c. The department of revenue, created in section 421.2,
which has primary responsibility for revenue collection
and revenue law compliance, the Iowa lottery, and alcoholic
beverage control.
Sec. 2469. Section 421.17, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 39. Administer chapters 99G and 123.
Sec. 2470. REPEAL. Section 546.9, Code 2023, is repealed.
DIVISION XIII
-1366-DEPARTMENT FOR THE BLIND
Sec. 2471. Section 216B.2, subsection 1, Code 2023, is
amended to read as follows:
1. The commission for the blind is established consisting
of three members appointed by the governor, subject to
confirmation by the senate. Members of the commission shall
serve three-year terms beginning and ending as provided in
section 69.19. The members of the commission shall appoint
officers for the commission. A majority of the members of the
commission shall constitute a quorum.
Sec. 2472. NEW SECTION. 216B.3A Director — duties.
1. The director of the department shall be appointed by
the governor, subject to confirmation by the senate, and shall
serve at the pleasure of the governor. The governor shall set
the salary of the director within the applicable salary range
established by the general assembly.
2. The director shall be the executive officer of the
commission and shall be responsible for implementing policy set
by the commission. The director shall carry out programs and
policies as determined by the commission.
Sec. 2473. Section 216B.5, Code 2023, is amended to read as
follows:
216B.5 Commission employees.
The commission may employ staff who shall be qualified by
experience to assume the responsibilities of the offices. The
director shall be the administrative officer of the commission
and shall be responsible for implementing policy set by the
commission. The director shall carry out programs and policies
as determined by the commission.
Sec. 2474. APPOINTMENT OF DIRECTOR. On or before July 1,
2023, the governor shall appoint a director of the department
for the blind, effective July 1, 2023, as provided in this
division of this Act.
Sec. 2475. EFFECTIVE DATE. This division of this Act, being
deemed of immediate importance, takes effect upon enactment.
-1367-DIVISION XIV
DEPARTMENT OF EDUCATION
iowa educational services for the blind and visually impaired
and iowa school for the DEAF
Sec. 2476. Section 70A.14, subsection 3, paragraph c, Code
2023, is amended by striking the paragraph.
Sec. 2477. Section 70A.17A, subsection 1, paragraph
d, subparagraph (3), Code 2023, is amended by striking the
subparagraph.
Sec. 2478. Section 235A.15, subsection 2, paragraph
c, subparagraph (4), Code 2023, is amended by striking the
subparagraph.
Sec. 2479. NEW SECTION. 256.95 Iowa educational services
for the blind and visually impaired and Iowa school for the deaf.
The department shall do all of the following:
1. Administer the Iowa educational services for the blind
and visually impaired program.
2. Govern the Iowa school for the deaf.
3. Establish a hall of fame for distinguished graduates
of the Iowa school for the deaf, distinguished graduates of
the Iowa braille and sight saving school, and distinguished
participants in the Iowa educational services for the blind and
visually impaired program.
Sec. 2480. NEW SECTION. 256.103 Employees — contracts —
termination and discharge procedures.
Sections 279.12 through 279.19 and section 279.27 apply to
employees of the Iowa school for the deaf, who are licensed
pursuant to subchapter VII, part 3. In following those
sections in chapter 279, the references to boards of directors
of school districts shall be interpreted to apply to the
department.
Sec. 2481. NEW SECTION. 256.104 Students residing on
state-owned land.
The department shall pay to the local school boards the
tuition payments and transportation costs, as otherwise
-1368-authorized by statutes for the elementary or high school
education of students residing on land owned by the state and
under the control of the department. Such payments shall be
made from moneys appropriated to the department.
Sec. 2482. NEW SECTION. 256.105 Transfer of a student to
the university of Iowa hospitals and clinics.
The department may send any student of the Iowa school for
the deaf to the university of Iowa hospitals and clinics for
treatment and care. The department shall pay the traveling
expenses of such student, and when necessary the traveling
expenses of an attendant for the student, out of funds
appropriated for the use of the department.
Sec. 2483. NEW SECTION. 256.107 Administrative rules.
The state board shall adopt rules pursuant to chapter 17A to
administer this subchapter.
Sec. 2484. Section 256B.2, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. For those children who cannot adapt to the regular
educational or home living conditions, and who are attending
facilities under chapters chapter 263, 269, and 270 or chapter
256, subchapter V, upon the request of the board of directors
of an area education agency, the department of human services
shall provide residential or detention facilities and the area
education agency shall provide special education programs and
services. The area education agencies shall cooperate with
the board of regents department of education to provide the
services required by this chapter.
Sec. 2485. Section 256B.3, subsection 9, Code 2023, is
amended to read as follows:
9. To cooperate with existing agencies such as the
department of human services, the Iowa department of public
health, the Iowa school for the deaf, the Iowa braille and
sight saving school, the children’s hospitals, or other
agencies concerned with the welfare and health of children
requiring special education in the coordination of their
-1369-educational activities for such children.
Sec. 2486. Section 256B.10, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The department of education shall work with the state
Iowa school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health for purposes
of coordinating, developing, and disseminating resources for
use by parents or guardians, early hearing detection and
intervention programs, the state Iowa school for the deaf,
area education agencies, school districts, and accredited
nonpublic schools to inform deaf and hard-of-hearing children’s
expressive and receptive language acquisition or development.
Sec. 2487. Section 256B.10, subsection 1, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The duties of the department of education shall, at a
minimum, include all of the following:
Sec. 2488. Section 256B.10, subsection 3, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The department of education, in consultation with the state
Iowa school for the deaf, the area education agencies, school
districts, and the early hearing detection and intervention
program in the Iowa department of public health, shall select
existing tools or assessments that may be used by qualified
educators to assess American sign language and English language
and literacy development of deaf and hard-of-hearing children
from birth through age eight.
Sec. 2489. Section 256B.10, subsections 4 and 7, Code 2023,
are amended to read as follows:
4. The department of education shall disseminate the parent
resource developed pursuant to this section to parents and
guardians of deaf and hard-of-hearing children and, consistent
with federal law, shall disseminate the educator tools and
assessments selected pursuant to subsection 3 to early hearing
-1370-detection and intervention programs, area education agencies,
school districts, accredited nonpublic schools, and the
state Iowa school for the deaf for use in the development and
modification of individualized family service or individualized
education program plans, and shall provide materials and
training on the use of such materials to assist deaf and
hard-of-hearing children in kindergarten readiness using
American sign language or English, or both, from birth through
age eight.
7. The department of education shall annually compile,
and publish on the department’s internet site, a report using
existing data reported in compliance with the state performance
plan on pupils with disabilities, required under federal law,
that is specific to language and literacy development in deaf
and hard-of-hearing children from birth through age eight,
including those children who are deaf or hard of hearing and
have other disabilities, relative to the children’s peers who
are not deaf or hard of hearing.
Sec. 2490. Section 256B.10, subsection 5, paragraphs a, b,
and e, Code 2023, are amended to read as follows:
a. If moneys are appropriated by the general assembly for
a fiscal year for the purpose provided in this subsection,
the department of education shall develop guidelines for a
comprehensive family support mentoring program that meets the
language and communication needs of families.
b. The department of education shall work with the early
hearing detection and intervention program in the Iowa
department of public health, the state Iowa school for the
deaf, and the area education agencies when developing the
guidelines. The department of education, in consultation with
the Iowa school for the deaf, shall administer the family
support mentoring program for deaf or hard-of-hearing children.
e. The department of education shall coordinate family
support mentoring activities with the early hearing detection
and intervention program in the Iowa department of public
-1371-health, the state Iowa school for the deaf, the area education
agencies, and nonprofit organizations that provide family
support mentoring to parents with deaf or hard-of-hearing
children.
Sec. 2491. Section 256B.10, subsection 5, paragraph d,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
In establishing the family support mentoring program, the
department of education may do all of the following:
Sec. 2492. Section 261E.2, subsection 8, Code 2023, is
amended to read as follows:
8. “Student” means any individual enrolled in grades nine
through twelve in a school district who meets the criteria in
section 261E.3, subsection 1. “Student” includes an individual
attending an accredited nonpublic school or the Iowa school
for the deaf or the Iowa braille and sight saving school for
purposes of sections 261E.4 and 261E.6.
Sec. 2493. Section 261E.6, subsections 3, 4, and 6, Code
2023, are amended to read as follows:
3. Authorization. To participate in this program, an
eligible student shall make application to an eligible
postsecondary institution to allow the eligible student to
enroll for college credit in a nonsectarian course offered at
the institution. A comparable course, as defined in rules
adopted by the board of directors of the school district
consistent with department administrative rule, must not be
offered by the school district or accredited nonpublic school
the student attends. A course is ineligible for purposes
of this section if the school district has a contractual
agreement with the eligible postsecondary institution under
section 261E.8 that meets the requirements of section 257.11,
subsection 3, and the course may be delivered through such an
agreement in accordance with section 257.11, subsection 3.
If the postsecondary institution accepts an eligible student
for enrollment under this section, the institution shall send
-1372-written notice to the student, the student’s parent or legal
guardian in the case of a minor child, and the student’s school
district or accredited nonpublic school and the school district
in the case of a nonpublic school student, or the Iowa school
for the deaf or the Iowa braille and sight saving school. The
notice shall list the course, the clock hours the student will
be attending the course, and the number of hours of college
credit that the eligible student will receive from the eligible
postsecondary institution upon successful completion of the
course.
4. Credits.
a. A school district, the Iowa school for the deaf, the
Iowa braille and sight saving school, or accredited nonpublic
school shall grant high school credit to an eligible student
enrolled in a course under this chapter if the eligible student
successfully completes the course as determined by the eligible
postsecondary institution. The board of directors of the
school district, the board of regents department of education
for the Iowa school for the deaf and the Iowa braille and
sight saving school, or authorities in charge of an accredited
nonpublic school shall determine the number of high school
credits that shall be granted to an eligible student who
successfully completes a course. Eligible students may take
up to seven semester hours of credit during the summer months
when school is not in session and receive credit for that
attendance, if the student pays the cost of attendance for
those summer credit hours.
b. The high school credits granted to an eligible
student under this section shall count toward the graduation
requirements and subject area requirements of the school
district of residence, the Iowa school for the deaf, the Iowa
braille and sight saving school, or accredited nonpublic school
of the eligible student. Evidence of successful completion
of each course and high school credits and college credits
received shall be included in the student’s high school
-1373-transcript.
6. Definition. For purposes of this section and section
261E.7, unless the context otherwise requires, “eligible
student” means a student classified by the board of directors
of a school district, by the state board of regents department
of education for pupils of the Iowa school for the deaf and the
Iowa braille and sight saving school, or by the authorities
in charge of an accredited nonpublic school as a ninth or
tenth grade student who is identified according to the school
district’s gifted and talented criteria and procedures,
pursuant to section 257.43, as a gifted and talented child,
or an eleventh or twelfth grade student, during the period
the student is participating in the postsecondary enrollment
options program.
Sec. 2494. Section 261E.7, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Not later than June 30 of each year, a school district
shall pay a tuition reimbursement amount to a postsecondary
institution that has enrolled its resident eligible
students under this chapter, unless the eligible student is
participating in open enrollment under section 282.18, in which
case, the tuition reimbursement amount shall be paid by the
receiving district. However, if a child’s residency changes
during a school year, the tuition shall be paid by the district
in which the child was enrolled as of the date specified in
section 257.6, subsection 1, or the district in which the child
was counted under section 257.6, subsection 1, paragraph “a”,
subparagraph (6). For students enrolled at the Iowa school
for the deaf and the Iowa braille and sight saving school,
the state board of regents department of education shall pay
a tuition reimbursement amount by June 30 of each year. The
amount of tuition reimbursement for each separate course shall
equal the lesser of:
Sec. 2495. Section 262.7, subsections 4 and 5, Code 2023,
are amended by striking the subsections.
-1374- Sec. 2496. Section 262.9, subsection 2, Code 2023, is
amended to read as follows:
2. Elect a president of each of the institutions of higher
learning; a superintendent of each of the other institutions;
a treasurer and a secretarial officer for each institution
annually; professors, instructors, officers, and employees;
and fix their compensation. Sections 279.12 through 279.19
and section 279.27 apply to employees of the Iowa braille and
sight saving school and the Iowa school for the deaf, who are
licensed pursuant to chapter 272. In following those sections
in chapter 279, the references to boards of directors of
school districts shall be interpreted to apply to the board of
regents.
Sec. 2497. Section 262.9, subsection 21, Code 2023, is
amended by striking the subsection.
Sec. 2498. Section 262.43, Code 2023, is amended to read as
follows:
262.43 Students residing on state-owned land.
The state board of regents shall pay to the local school
boards the tuition payments and transportation costs, as
otherwise authorized by statutes for the elementary or high
school education of students residing on land owned by the
state and under the control of the state board of regents.
Such payments for the three institutions of higher learning,
the state university of Iowa, the Iowa state university of
science and technology, and the university of northern Iowa,
shall be made from the funds of the respective institutions
other than state appropriations, and for the two noncollegiate
institutions, the Iowa braille and sight saving school and the
Iowa school for the deaf, the payments and costs shall be paid
from moneys appropriated to the state board of regents.
Sec. 2499. Section 263.21, Code 2023, is amended to read as
follows:
263.21 Transfer of patients from state institutions.
The director of the department of human services, in respect
-1375-to institutions under the director’s control, the administrator
of any of the divisions of the department, in respect to
the institutions under the administrator’s control, and the
director of the department of corrections, in respect to the
institutions under the department’s control, and the state
board of regents, in respect to the Iowa braille and sight
saving school and the Iowa school for the deaf, may send any
inmate, student, or patient of an institution, or any person
committed or applying for admission to an institution, to the
university of Iowa hospitals and clinics for treatment and
care. The department of human services, and the department of
corrections, and the state board of regents shall respectively
pay the traveling expenses of such patient, and when necessary
the traveling expenses of an attendant for the patient, out of
funds appropriated for the use of the institution from which
the patient is sent.
Sec. 2500. Section 269.1, Code 2023, is amended by striking
the section and inserting in lieu thereof the following:
269.1 Iowa educational services for the blind and visually
impaired program.
Any resident of the state under twenty-one years of age who
is blind or visually impaired shall be entitled to receive the
services of the Iowa educational services for the blind and
visually impaired program. The department shall coordinate
with area education agencies and school districts on the
provision of these services for any eligible student.
Sec. 2501. Section 270.3, Code 2023, is amended to read as
follows:
270.3 Admission — Iowa school for the deaf.
Any resident of the state less than twenty-one years of
age who has a hearing loss which is too severe to acquire an
education in the public schools is eligible to attend the Iowa
school for the deaf. Nonresidents similarly situated may be
admitted to an education therein the Iowa school for the deaf
upon such terms as may be fixed by the state board of regents
-1376- department. The fee for nonresidents shall be set by the state
board of regents department.
Sec. 2502. Section 270.4, Code 2023, is amended to read as
follows:
270.4 Clothing and prescriptions.
The superintendent of the Iowa school for the deaf shall
provide students, who would otherwise be without, with clothing
or prescription refills, and shall bill the student’s parent
or guardian, if the student is a minor, or the student if the
student has attained the age of majority, for any clothing or
prescription refills provided. The bill shall be presumptive
evidence in all courts.
Sec. 2503. Section 270.8, Code 2023, is amended to read as
follows:
270.8 Residence during vacation.
The residence of indigent or homeless children may, by order
of the state board of regents department, be continued during
vacation months.
Sec. 2504. Section 270.9, Code 2023, is amended to read as
follows:
270.9 Iowa school for the deaf and the Iowa braille and sight
saving school — transportation reimbursement.
Funds appropriated to the Iowa school for the deaf and
the Iowa braille and sight saving school for payments to the
parents or guardians of pupils in either that institution shall
be expended as follows:
1. Transportation reimbursement at a rate established
annually by the state board of regents department to the
parents or guardians of children who do not reside in the
institution, but are transported to the institution on a daily
basis.
2. Transportation reimbursement at a rate established
annually by the state board of regents department to the
parents or guardians for transportation from the institution
to the residence of the parent or guardian and return to the
-1377-institution for children who reside in the institution.
Sec. 2505. Section 270.10, Code 2023, is amended to read as
follows:
270.10 Merger Closure requirements.
1. The state board of regents department shall not merge
close the Iowa school for the deaf at Council Bluffs with the
Iowa braille and sight saving school at Vinton or close either
of those institutions until all of the following requirements
have been met:
a. 1. The department of management has presented to the
general assembly a comprehensive plan, program, and fiscal
analysis of the existing circumstances and the circumstances
which would prevail upon the proposed merger or closing,
together with data which would support the contention that the
merger or closing will be more efficient and effective than
continuation of the existing facilities facility. The analysis
shall include a detailed study of the educational implications
of the merger or closing, the impact on the students, and
the opinions and research of nationally recognized experts
in the field of the education of visually impaired and deaf
or hard-of-hearing students. The comprehensive plan shall
further include a study relating to the programming, fiscal
consequences, and political implications which would result if
either a merger or an agreement under chapter 28E should be
implemented between the Iowa school for the deaf in Council
Bluffs and comparable state programs in the state of Nebraska.
b. 2. The general assembly has studied the plans, programs,
and fiscal analysis and has reviewed their impact on the
programs.
c. 3. The general assembly has enacted legislation
authorizing either the closing or the merger to take effect not
sooner than two years after the enactment of the legislation.
2. This section shall not apply to an agreement related to
the sale or transfer of the property of the Iowa braille and
sight saving school at Vinton entered into between the state
-1378-of Iowa and the city of Vinton.
Sec. 2506. Section 280.16, subsection 7, Code 2023, is
amended to read as follows:
7. The Iowa braille and sight saving school, the Iowa school
for the deaf, and the institutions under the control of the
department of human services as provided in section 218.1 are
exempt from the provisions of this section.
Sec. 2507. Section 321.1, subsection 8, paragraph i, Code
2023, is amended to read as follows:
i. If authorized to transport students or clients by the
superintendent of the Iowa braille and sight saving school
or of the Iowa school for the deaf, or the superintendent’s
respective designee, an employee of the Iowa braille and
sight saving school or the Iowa school for the deaf is not a
chauffeur when transporting the students or clients.
Sec. 2508. Section 331.381, subsection 9, Code 2023, is
amended to read as follows:
9. Comply with chapters 269 and 270 chapter 256, subchapter
V, in regard to the payment of costs for pupils at the Iowa
braille and sight saving school and the Iowa school for the
deaf.
Sec. 2509. Section 331.424, subsection 1, paragraph a,
subparagraph (1), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) Clothing, transportation, medical, or other services
provided persons attending the Iowa braille and sight saving
school, the Iowa school for the deaf, or the university of Iowa
hospitals and clinics’ center for disabilities and development
for children with severe disabilities at Iowa City, for which
the county becomes obligated to pay pursuant to sections
263.12, 269.2, and 270.4.
Sec. 2510. Section 331.552, subsection 13, Code 2023, is
amended to read as follows:
13. Make transfer payments to the state for school expenses
for blind and deaf and hard-of-hearing children and support of
-1379-persons with mental illness as provided in sections section
230.21 and 269.2.
Sec. 2511. Section 483A.24, subsection 7, Code 2023, is
amended to read as follows:
7. A license shall not be required of minor pupils of
the Iowa braille and sight saving school, Iowa school for
the deaf, or of minor residents of other state institutions
under the control of an administrator of a division of the
department of human services. In addition, a person who is
on active duty with the armed forces of the United States,
on authorized leave from a duty station located outside of
this state, and a resident of the state of Iowa shall not be
required to have a license to hunt or fish in this state. The
military person shall carry the person’s leave papers and a
copy of the person’s current earnings statement showing a
deduction for Iowa income taxes while hunting or fishing. In
lieu of carrying the person’s earnings statement, the military
person may also claim residency if the person is registered to
vote in this state. If a deer or wild turkey is taken, the
military person shall immediately contact a state conservation
officer to obtain an appropriate tag to transport the animal.
A license shall not be required of residents of county care
facilities or any person who is receiving supplementary
assistance under chapter 249.
Sec. 2512. REPEAL. Section 269.2, Code 2023, is repealed.
Sec. 2513. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 256B.10 to section 256.106.
b. Section 269.1 to section 256.96.
c. Section 270.1 to section 256.98.
d. Section 270.3 to section 256.97.
e. Section 270.4 to section 256.99.
f. Section 270.8 to section 256.100.
g. Section 270.9 to section 256.101.
-1380- h. Section 270.10 to section 256.102.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate sections 256.95 through
256.107, as amended or enacted in this division of this Act, as
new subchapter V within chapter 256, entitled “Iowa educational
services for the blind and visually impaired program and Iowa
school for the deaf”.
Sec. 2514. TRANSITION PROVISIONS.
1. The property and records in the custody of the state
board of regents relating to the Iowa braille and sight saving
school, the Iowa school for the deaf, the hall of fame for
distinguished graduates at the Iowa braille and sight saving
school, and the hall of fame for distinguished graduates at the
Iowa school for the deaf shall be transferred to the department
of education.
2. All employees of the Iowa school for the deaf established
pursuant to chapter 270 shall be considered employees of the
department of education on the effective date of this division
of this Act without incurring any loss in salary, benefits, or
accrued years of service.
INNOVATION DIVISION
Sec. 2515. Section 268.7, Code 2023, is amended to read as
follows:
268.7 Science, Innovation division — science, technology,
engineering, and mathematics collaborative initiative.
1. The innovation division of the department of education
is created. The chief administrative officer of the division
is the administrator who shall be a highly qualified science,
technology, engineering, and mathematics advocate and shall be
appointed by the director.
2. The administrator shall do all of the following:
a. Direct and organize the activities of the division,
including the science, technology, engineering, and mathematics
-1381-collaborative initiative created in subsection 3.
b. Control all property of the division.
c. Perform other duties imposed by law.
1. 3. A science, technology, engineering, and mathematics
collaborative initiative is established at the university of
northern Iowa within the innovation division for purposes
of supporting activities directly related to recruitment of
prekindergarten through grade twelve mathematics and science
teachers for ongoing mathematics and science programming for
students enrolled in prekindergarten through grade twelve.
2. 4. The collaborative initiative shall prioritize
student interest in achievement in science, technology,
engineering, and mathematics; reach every student and teacher
in every school district in the state; identify, recruit,
prepare, and support the best mathematics and science teachers;
and sustain exemplary programs through the university’s Iowa
mathematics and science education partnership. The university
innovation division shall collaborate with the community
colleges to develop science, technology, engineering, and
mathematics professional development programs for community
college instructors and for purposes of science, technology,
engineering, and mathematics curricula development.
3. 5. Subject to an appropriation of funds moneys by the
general assembly, the initiative innovation division shall
administer the following:
a. Regional science, technology, engineering, and
mathematics networks for Iowa, the purpose of which is to
equalize science, technology, engineering, and mathematics
education enrichment opportunities available to learners
statewide. The initiative innovation division shall establish
six geographically similar regional science, technology,
engineering, and mathematics networks across Iowa that
complement and leverage existing resources, including but
not limited to extension service assets, area education
agencies, state accredited postsecondary institutions,
-1382-informal educational centers, school districts, economic
development zones, and existing public and private science,
technology, engineering, and mathematics partnerships. Each
network shall be managed by a highly qualified science,
technology, engineering, and mathematics advocate positioned
at a network hub to be determined through a competitive
application process. Oversight for each regional network
shall be provided by a regional advisory board. Members of
the board shall be appointed by the governor. The membership
shall represent prekindergarten through grade twelve school
districts and schools, and higher education, business,
nonprofit organizations, youth agencies, and other appropriate
stakeholders.
b. A focused array of the best science, technology,
engineering, and mathematics enrichment opportunities, selected
through a competitive application process, that can be expanded
to meet future needs. A limited, focused list of selected
exemplary programs shall be made available to each regional
network.
c. Statewide science, technology, engineering, and
mathematics programming designed to increase participation of
students and teachers in successful learning experiences; to
increase the number of science, technology, engineering, and
mathematics-related teaching majors offered by the state’s
universities; to elevate public awareness of the opportunities;
and to increase collaboration and partnerships.
4. 6. The initiative innovation division shall evaluate the
effectiveness of programming to document best practices.
7. The state board shall adopt rules pursuant to chapter 17A
to administer this section.
Sec. 2516. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfer:
Section 268.7 to section 256.111.
2. The Code editor shall correct internal references in the
-1383-Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate section 256.111, as enacted
in this division of this Act, as new subchapter VI within
chapter 256, entitled “Innovation Division”.
Sec. 2517. TRANSITION PROVISIONS.
1. The property and records in the custody of the state
board of regents or the university of northern Iowa relating
to the science, technology, engineering, and mathematics
collaborative initiative shall be transferred to the department
of education on or before the effective date of this division
of this Act.
2. All employees of the university of northern Iowa whose
primary workplace is located at the university of northern Iowa
under the science, technology, engineering, and mathematics
collaborative initiative established pursuant to section 268.7
shall be considered employees of the innovation division of the
department of education on the effective date of this division
of this Act without incurring any loss in salary, benefits, or
accrued years of service.
3. The state board of regents and the university of
northern Iowa shall assist the department of education in
implementing this division of this Act by providing for an
effective transition of powers and duties from one entity
to another under section 268.7, chapters 256 and 262, and
related administrative rules. To the extent requested by
the department of education, such assistance shall include
assisting in cooperating with federal agencies such as the
United States department of education.
4. Any contract issued or entered into by the state board
of regents or the university of northern Iowa relating to the
provisions of section 268.7, in effect on the effective date
of this division of this Act, shall continue in full force and
effect pending transfer of such contract to the innovation
division of the department of education.
-1384- 5. Federal funds utilized by the state board of regents or
the university of northern Iowa prior to the effective date of
this division of this Act to employ personnel necessary for
the administration of the science, technology, engineering,
and mathematics collaborative initiative established pursuant
to section 268.7 shall be applied to and be available for the
transfer of such personnel from the state board of regents or
the university of northern Iowa to the innovation division of
the department of education.
HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES
Sec. 2518. Section 256.1, subsection 1, Code 2023, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. g. The Iowa educational services for the
blind and visually impaired program.
NEW PARAGRAPH. h. The Iowa school for the deaf.
NEW PARAGRAPH. i. The science, technology, engineering,
and mathematics collaborative initiative within the innovation
division of the department.
NEW PARAGRAPH. j. The college student aid commission within
the higher education division of the department.
NEW PARAGRAPH. k. The board of educational examiners within
the higher education division of the department.
NEW PARAGRAPH. l. Career and technical education programs
offered by school districts or community colleges.
Sec. 2519. Section 256.7, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Except for the college student aid commission, the
commission of libraries and division of library services,
higher education division; the bureaus, boards, and commissions
within the higher education division; and the public
broadcasting board and division, the state board shall:
Sec. 2520. Section 256.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
Except for the college student aid commission, the
commission of libraries and division of library services,
-1385- higher education division; the bureaus, boards, and commissions
within the higher education division; and the public
broadcasting board and division, the director shall:
Sec. 2521. NEW SECTION. 256.121 Higher education division
created.
1. The higher education division of the department of
education is created. The chief administrative officer of the
division is the administrator who shall be appointed by the
director.
2. The administrator shall do all of the following:
a. Administer and coordinate all of the following bureaus,
boards, and commissions within the higher education division:
(1) The community colleges and post-secondary readiness
bureau under part 2.
(2) The board of educational examiners under part 3.
(3) The college student aid commission under part 4.
(4) The community colleges bureau under chapter 260C.
b. Direct and organize the activities of the division.
c. Control all property of the division.
d. Hire and control the personnel employed by the division.
e. Perform other duties imposed by law.
Sec. 2522. CODE EDITOR DIRECTIVE. The Code editor may
designate section 256.121 as new subchapter VII within chapter
256, entitled “Higher Education Division”, and new part 1
within new subchapter VII entitled “General Provisions”.
COMMUNITY COLLEGES AND POST-SECONDARY READINESS BUREAU
Sec. 2523. Section 256.7, subsection 2, Code 2023, is
amended to read as follows:
2. Constitute the state board for career and technical
education under chapter 258 subchapter VII, part 2.
Sec. 2524. Section 256.11, subsection 5, paragraph h,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Instructional programs provided under subparagraph (1)
shall comply with the provisions of chapter 258 subchapter VII,
part 2, relating to career and technical education, and shall
-1386-be articulated with postsecondary programs of study and include
field, laboratory, or on-the-job training. Each sequential
unit shall contain a portion of a career and technical
education program approved by the department. Standards for
instructional programs shall include but not be limited to new
and emerging technologies; job-seeking, job-adaptability, and
other employment, self-employment and entrepreneurial skills
that reflect current industry standards and labor-market needs;
and reinforcement of basic academic skills.
Sec. 2525. Section 257.51, subsection 3, Code 2023, is
amended to read as follows:
3. The department of education shall adopt rules to
establish and administer a career academy grant program
to provide for the allocation of money in the fund in
the form of competitive grants, not to exceed one million
dollars per grant, to school corporations for career academy
infrastructure, career academy equipment, or both, in
accordance with the goals of this section and to further the
goals of the establishment and operation of career academies
under section 258.15. The rules adopted by the department
of education shall specify the eligibility of applicants
and eligible items for grant funding. Priority for grants
shall first be given to applications to establish new career
academies that are organized as regional centers pursuant to
chapter 258 256, subchapter VII, part 2. Subsequent priority
shall be given to applications for expanding existing career
academies.
Sec. 2526. Section 258.3, Code 2023, is amended to read as
follows:
258.3 Personnel Community colleges and post-secondary
readiness bureau — personnel.
The director of the department of education shall appoint
the bureau chief of the community colleges and post-secondary
readiness bureau, and the bureau chief shall direct the work of
personnel as necessary to carry out this chapter part.
-1387- Sec. 2527. Section 258.3A, subsection 3, Code 2023, is
amended to read as follows:
3. Adopt rules prescribing standards for approval of school
district career and technical education programs; and community
colleges with career and technical education programs; and
practitioner preparation schools, departments, and classes,
applying for federal and state moneys under this chapter part.
Sec. 2528. Section 258.4, subsection 10, Code 2023, is
amended to read as follows:
10. Notwithstanding the accreditation process contained
in section 256.11, permit school districts that provide a
program which does not meet the standards for accreditation
for career and technical education to cooperate with the
regional career and technical education planning partnership
and contract for an approved program under this chapter part
without losing accreditation. A school district that fails
to cooperate with the regional career and technical education
planning partnership and contract for an approved program
shall, however, be subject to section 256.11.
Sec. 2529. Section 258.6, Code 2023, is amended to read as
follows:
258.6 Definitions.
As used in this chapter part:
1. “Approved career and technical education program” means
a career and technical education program offered by a school
district or community college and approved by the department
bureau which meets the standards for career and technical
education programs adopted by the state board under this
chapter part.
2. “Approved practitioner preparation school, department,
or class” means a school, department, or class approved by the
state board as entitled under this chapter part to federal
moneys for the training of teachers of career and technical
education subjects.
3. “Approved regional career and technical education
-1388-planning partnership” means a regional entity that meets the
standards for regional career and technical education planning
partnerships adopted by the state board pursuant to section
258.3A and section 258.14.
4. “Career academy” means a career academy established under
section 258.15.
5. “Career and technical education service area” means
any one of the service areas specified in section 256.11,
subsection 5, paragraph “h”.
6. “Department” means the department of education.
7. “Director” means the director of the department of
education.
8. 6. “Sector partnership” means a regional industry sector
partnership established pursuant to section 260H.7B.
9. 7. “State board” means the state board for career and
technical education as provided in section 258.2.
10. 8. “Work-based learning” means opportunities and
experiences that include but are not limited to tours, job
shadowing, rotations, mentoring, entrepreneurship, service
learning, internships, and apprenticeships.
11. 9. “Work-based learning intermediary network” means the
statewide work-based learning intermediary network established
pursuant to section 256.40.
Sec. 2530. Section 258.9, subsection 1, Code 2023, is
amended to read as follows:
1. The board of directors of a school district or community
college that maintains a career and technical education
program receiving federal or state funds under this chapter
part shall, as a condition of approval by the state board,
appoint a local advisory council for each career and technical
education program offered by the school district or community
college. However, a school district and a community college
that maintain a career and technical education program
receiving federal or state funds may create a joint local
advisory council. The membership of each local advisory
-1389-council shall consist of public members with expertise in
the occupation or occupational field related to the career
and technical education program. The local advisory council
shall give advice and assistance to the board of directors,
administrators, and instructors in the establishment and
maintenance of the career and technical education program.
Sec. 2531. Section 258.11, Code 2023, is amended to read as
follows:
258.11 Salary and expenses for administration.
The director may make expenditures for salaries and other
expenses as necessary to the proper administration of this
chapter part.
Sec. 2532. Section 260C.14, subsection 1, Code 2023, is
amended to read as follows:
1. Determine the curriculum to be offered in such school or
college subject to approval of the director and ensure that all
career and technical education offerings are competency-based,
provide any minimum competencies required by the department
of education, comply with any applicable requirements in
chapter 258 256, subchapter VII, part 2, and are articulated
with local school district career and technical education
programs. If an existing private educational institution or an
existing vocational institution offering a career and technical
education program within the merged area has facilities and
curriculum of adequate size and quality which would duplicate
the functions of the area school, the board of directors shall
discuss with the institution the possibility of entering into
contracts to have the existing institution offer facilities
and curriculum to students of the merged area. The board of
directors shall consider any proposals submitted by the private
institution for providing such facilities and curriculum. The
board of directors may enter into such contracts. In approving
curriculum, the director shall ascertain that all courses
and programs submitted for approval are needed and that the
curriculum being offered by an area school does not duplicate
-1390-programs provided by existing public or private facilities in
the area. In determining whether duplication would actually
exist, the director shall consider the needs of the area
and consider whether the proposed programs are competitive
as to size, quality, tuition, purposes, and area coverage
with existing public and private educational or vocational
institutions within the merged area. If the board of directors
of the merged area chooses not to enter into contracts with
private institutions under this subsection, the board shall
submit a list of reasons why contracts to avoid duplication
were not entered into and an economic impact statement relating
to the board’s decision.
Sec. 2533. Section 598.21B, subsection 2, paragraph e,
subparagraph (1), subparagraph division (c), Code 2023, is
amended to read as follows:
(c) The parent is attending a career and technical education
program approved pursuant to chapter 258 256, subchapter VII,
part 2.
Sec. 2534. EMERGENCY RULES. The state board of education
may adopt emergency rules under section 17A.4, subsection 3,
and section 17A.5, subsection 2, paragraph “b”, to implement
the provisions of this division of this Act pertaining to the
community colleges and post-secondary readiness bureau and
the rules shall be effective immediately upon filing unless
a later date is specified in the rules. Any rules adopted
in accordance with this section shall also be published as a
notice of intended action as provided in section 17A.4.
Sec. 2535. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 258.1 to section 256.126.
b. Section 258.2 to section 256.127.
c. Section 258.3 to section 256.128.
d. Section 258.3A to section 256.129.
e. Section 258.4 to section 256.130.
-1391- f. Section 258.5 to section 256.131.
g. Section 258.6 to section 256.125.
h. Section 258.9 to section 256.132.
i. Section 258.10 to section 256.133.
j. Section 258.11 to section 256.134.
k. Section 258.12 to section 256.135.
l. Section 258.14 to section 256.136.
m. Section 258.15 to section 256.137.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate sections 256.125 through
256.137, as amended or enacted in this division of this Act,
as new part 2 entitled “Community Colleges and Post-Secondary
Readiness Bureau” within the subchapter entitled “Higher
Education Division” as enacted by another division of this Act.
Sec. 2536. TRANSITION PROVISIONS.
1. Any contract issued or entered into by the state board
of education or the department of education relating to the
provisions of chapter 258, in effect on the effective date
of this division of this Act, shall continue in full force
and effect pending transfer of such contract to the higher
education division of the department of education.
2. All employees of the department of education who work
under the career and technical education program established
pursuant to chapter 258 shall be considered employees of the
community colleges and post-secondary readiness bureau of the
higher education division of the department of education on the
effective date of this division of this Act without incurring
any loss in salary, benefits, or accrued years of service.
BOARD OF EDUCATIONAL EXAMINERS
Sec. 2537. Section 20.17, subsection 10, paragraph a, Code
2023, is amended to read as follows:
a. In the absence of an impasse agreement negotiated
pursuant to section 20.19 which provides for a different
-1392-completion date, public employees represented by a certified
employee organization who are teachers licensed under chapter
272 256, subchapter VII, part 3, and who are employed by a
public employer which is a school district or area education
agency shall complete the negotiation of a proposed collective
bargaining agreement not later than May 31 of the year
when the agreement is to become effective. The board shall
provide, by rule, a date on which impasse items in such cases
must be submitted to binding arbitration and for such other
procedures as deemed necessary to provide for the completion
of negotiations of proposed collective bargaining agreements
not later than May 31. The date selected for the mandatory
submission of impasse items to binding arbitration in such
cases shall be sufficiently in advance of May 31 to ensure that
the arbitrator’s award can be reasonably made by May 31.
Sec. 2538. Section 20.19, subsection 1, Code 2023, is
amended to read as follows:
1. As the first step in the performance of their duty to
bargain, the public employer and the employee organization
shall endeavor to agree upon impasse procedures. Such
agreement shall provide for implementation of these impasse
procedures not later than one hundred twenty days prior to
the certified budget submission date of the public employer.
However, if public employees represented by the employee
organization are teachers licensed under chapter 272 256,
subchapter VII, part 3, and the public employer is a school
district or area education agency, the agreement shall provide
for implementation of impasse procedures not later than one
hundred twenty days prior to May 31 of the year when the
collective bargaining agreement is to become effective. If the
public employer is a community college, the agreement shall
provide for implementation of impasse procedures not later than
one hundred twenty days prior to May 31 of the year when the
collective bargaining agreement is to become effective. If
the public employer is not subject to the budget certification
-1393-requirements of section 24.17 and other applicable sections,
the agreement shall provide for implementation of impasse
procedures not later than one hundred twenty days prior
to the date the next fiscal or budget year of the public
employer commences. If the parties fail to agree upon impasse
procedures under the provisions of this section, the impasse
procedures provided in sections 20.20 and 20.22 shall apply.
Sec. 2539. Section 20.20, Code 2023, is amended to read as
follows:
20.20 Mediation.
In the absence of an impasse agreement negotiated pursuant
to section 20.19 or the failure of either party to utilize its
procedures, one hundred twenty days prior to the certified
budget submission date, or one hundred twenty days prior to
May 31 of the year when the collective bargaining agreement
is to become effective if public employees represented by the
employee organization are teachers licensed under chapter
272 256, subchapter VII, part 3, and the public employer is
a school district or area education agency, the board shall,
upon the request of either party, appoint an impartial and
disinterested person to act as mediator. If the public
employer is a community college, and in the absence of an
impasse agreement negotiated pursuant to section 20.19 or
the failure of either party to utilize its procedures, one
hundred twenty days prior to May 31 of the year when the
collective bargaining agreement is to become effective, the
board, upon the request of either party, shall appoint an
impartial and disinterested person to act as mediator. If the
public employer is not subject to the budget certification
requirements of section 24.17 or other applicable sections and
in the absence of an impasse agreement negotiated pursuant
to section 20.19, or the failure of either party to utilize
its procedures, one hundred twenty days prior to the date the
next fiscal or budget year of the public employer commences,
the board, upon the request of either party, shall appoint an
-1394-impartial and disinterested person to act as a mediator. It
shall be the function of the mediator to bring the parties
together to effectuate a settlement of the dispute, but the
mediator may not compel the parties to agree.
Sec. 2540. Section 235A.15, subsection 2, paragraph e,
subparagraph (9), Code 2023, is amended to read as follows:
(9) To the board of educational examiners created under
chapter 272 256 for purposes of determining whether a license,
certificate, or authorization should be issued, denied, or
revoked.
Sec. 2541. Section 235B.6, subsection 2, paragraph e,
subparagraph (13), Code 2023, is amended to read as follows:
(13) To the board of educational examiners created under
chapter 272 256 for purposes of determining whether a license,
certificate, or authorization should be issued, denied, or
revoked.
Sec. 2542. Section 256.7, subsection 26, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The rules shall allow a school district or accredited
nonpublic school to award high school credit to an enrolled
student upon the demonstration of required competencies for
a course or content area, as approved by a teacher licensed
under chapter 272 subchapter VII, part 3. The school district
or accredited nonpublic school shall determine the assessment
methods by which a student demonstrates sufficient evidence of
the required competencies.
Sec. 2543. Section 256.7, subsection 32, paragraph c, Code
2023, is amended to read as follows:
c. Rules adopted pursuant to this subsection shall require
that online learning coursework offered by school districts,
accredited nonpublic schools, and area education agencies be
rigorous, high-quality, aligned with the Iowa core and core
content requirements and standards and the national standards
of quality for online courses issued by an internationally
recognized association for kindergarten through grade twelve
-1395-online learning, and taught by a teacher licensed under chapter
272 subchapter VII, part 3, who has specialized training or
experience in online learning, including but not limited to an
online-learning-for-Iowa-educators-professional-development
project offered by area education agencies, a teacher
preservice program, or comparable coursework.
Sec. 2544. Section 256.9, subsection 55, Code 2023, is
amended to read as follows:
55. Develop and maintain a list of approved online
providers that provide course content through an online
learning platform taught by a teacher licensed under chapter
272 subchapter VII, part 3, who has specialized training or
experience in online learning including but not limited to an
online-learning-for-Iowa-educators-professional-development
project offered by area education agencies, a teacher
preservice program, or comparable coursework, and whose online
learning coursework meets the requirements established by
rule pursuant to section 256.7, subsection 32, paragraph “c”.
Providers shall apply for approval annually or as determined
by the department.
Sec. 2545. Section 256.11, subsections 9, 9A, and 9B, Code
2023, are amended to read as follows:
9. Beginning July 1, 2006, each school district shall have a
qualified teacher librarian who shall be licensed by the board
of educational examiners under chapter 272 subchapter VII,
part 3. The state board shall establish in rule a definition
of and standards for an articulated sequential kindergarten
through grade twelve media program. A school district that
entered into a contract with an individual for employment as a
media specialist or librarian prior to June 1, 2006, shall be
considered to be in compliance with this subsection until June
30, 2011, if the individual is making annual progress toward
meeting the requirements for a teacher librarian endorsement
issued by the board of educational examiners under chapter
272 subchapter VII, part 3. A school district that entered
-1396-into a contract with an individual for employment as a media
specialist or librarian who holds at least a master’s degree in
library and information studies shall be considered to be in
compliance with this subsection until the individual leaves the
employ of the school district.
9A. Beginning July 1, 2007, each school district shall have
a qualified guidance counselor who shall be licensed by the
board of educational examiners under chapter 272 subchapter
VII, part 3. Each school district shall work toward the
goal of having one qualified guidance counselor for every
three hundred fifty students enrolled in the school district.
The state board shall establish in rule a definition of and
standards for an articulated sequential kindergarten through
grade twelve guidance and counseling program.
9B. Beginning July 1, 2007, each school district shall have
a school nurse to provide health services to its students.
Each school district shall work toward the goal of having one
school nurse for every seven hundred fifty students enrolled in
the school district. For purposes of this subsection, “school
nurse” means a person who holds an endorsement or a statement of
professional recognition for school nurses issued by the board
of educational examiners under chapter 272 subchapter VII, part
3.
Sec. 2546. Section 256.11, subsection 17, paragraph a,
subparagraph (1), subparagraph division (a), Code 2023, is
amended to read as follows:
(a) The school district or accredited nonpublic school
makes every reasonable and good faith effort to employ a
teacher licensed under chapter 272 subchapter VII, part 3, for
the specified subject and is unable to employ such a teacher.
Sec. 2547. Section 256.11, subsection 17, paragraph c,
subparagraphs (1) and (3), Code 2023, are amended to read as
follows:
(1) An online learning platform if the course is developed
by the school district or accredited nonpublic school itself
-1397-or is developed by a partnership or consortium of schools
that have developed the course individually or cooperatively,
provided the course is taught and supervised by a teacher
licensed under chapter 272 subchapter VII, part 3, who has
online learning experience and the course content meets the
requirements established by rule pursuant to section 256.7,
subsection 32, paragraph “c”. A partnership or consortium of
schools may include two or more school districts or accredited
nonpublic schools, or any combination thereof.
(3) An online learning platform offered, subject to the
initial availability of federal funds, by the department in
collaboration with one or more area education agencies or in
partnership with school districts and accredited nonpublic
schools. The online learning platform may deliver distance
education to students, including students receiving competent
private instruction under chapter 299A, provided such students
register with the school district of residence and the
coursework offered by the online learning platform is taught
and supervised by a teacher licensed under chapter 272
subchapter VII, part 3, who has online learning experience and
the course content meets the requirements established by rule
pursuant to section 256.7, subsection 32, paragraph “c”. The
department and the area education agencies operating online
learning programs pursuant to section 273.16 shall coordinate
to ensure the most effective use of resources and delivery
of services. Federal funds, if available, may be used to
offset what would otherwise be costs to school districts for
participation in the program.
Sec. 2548. Section 256.16, subsection 2, Code 2023, is
amended to read as follows:
2. A person initially applying for a license shall
successfully complete a practitioner preparation program
approved under section 256.7, subsection 3, and containing the
subject matter specified in this section, before the initial
action by the board of educational examiners under chapter 272
-1398- subchapter VII, part 3, takes place.
Sec. 2549. Section 256.41, subsection 2, Code 2023, is
amended to read as follows:
2. Online learning curricula shall be provided and
supervised by a teacher licensed under chapter 272 subchapter
VII, part 3.
Sec. 2550. Section 256.43, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. High-quality online instruction taught by teachers
licensed under chapter 272 subchapter VII, part 3.
Sec. 2551. Section 256.43, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. At the discretion of the school board or authorities in
charge of an accredited nonpublic school, after consideration
of circumstances created by necessity, convenience, and
cost-effectiveness, courses developed by private providers may
be utilized by the school district or school in implementing a
high-quality online learning program. Courses obtained from
private providers shall be taught by teachers licensed under
chapter 272 subchapter VII, part 3.
Sec. 2552. Section 256.43, subsection 3, Code 2023, is
amended to read as follows:
3. Grading. Grades in online courses shall be based,
at a minimum, on whether a student mastered the subject,
demonstrated competency, and met the standards established
by the school district. Grades shall be conferred only by
teachers licensed under chapter 272 subchapter VII, part 3.
Sec. 2553. Section 256C.3, subsection 2, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) The individual is appropriately licensed under chapter
272 256, subchapter VII, part 3, and meets requirements under
chapter 284.
Sec. 2554. Section 256E.7, subsection 4, paragraph b,
subparagraphs (1), (2), and (3), Code 2023, are amended to read
as follows:
-1399- (1) An administrator who holds a valid license under chapter
272 256, subchapter VII, part 3.
(2) A teacher who holds a valid license under chapter 272
256, subchapter VII, part 3.
(3) An individual who holds an authorization to be a
charter school administrator issued by the board of educational
examiners under chapter 272 256, subchapter VII, part 3. The
board of educational examiners shall adopt rules for the
issuance of such authorizations not later than December 31,
2021, and such authorizations shall only be valid for service
or employment as a charter school administrator.
Sec. 2555. Section 257.11, subsection 3, paragraph c,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The school district has made every reasonable and good
faith effort to employ a teacher licensed under chapter 272
256, subchapter VII, part 3, for the science or mathematics
unit, as applicable, and is unable to employ such a teacher.
For purposes of this paragraph “c”, “good faith effort” means
the same as defined in section 279.19A, subsection 9.
Sec. 2556. Section 260C.48, subsection 1, paragraph a,
subparagraph (2), Code 2023, is amended to read as follows:
(2) For purposes of subparagraph (1), subparagraph
divisions (b) and (c), if the instructor is a licensed
practitioner who holds a career and technical endorsement
under chapter 272 256, subchapter VII, part 3, relevant work
experience in the occupational area includes but is not limited
to classroom instruction in a career and technical education
subject area offered by a school district or accredited
nonpublic school.
Sec. 2557. Section 261.1, subsection 2, paragraph d,
subparagraph (5), Code 2023, is amended to read as follows:
(5) One member shall represent practitioners licensed under
chapter 272 256, subchapter VII, part 3. When appointing
this member, the governor shall give careful consideration to
any person nominated by an Iowa teacher association or other
-1400-education stakeholder organization.
Sec. 2558. Section 261E.4, subsection 3, Code 2023, is
amended to read as follows:
3. A school district shall ensure that advanced placement
course teachers or instructors are appropriately licensed
by the board of educational examiners in accordance with
chapter 272 256, subchapter VII, part 3, and meet the minimum
certification requirements of the national organization that
administers the advanced placement program.
Sec. 2559. Section 261H.2, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. If it is determined, after exhaustion of all available
administrative and judicial appeals, that a faculty member
knowingly and intentionally restricts the protected speech or
otherwise penalizes a student in violation of this subsection,
the faculty member shall be subject to discipline by the
institution through the normal disciplinary processes of the
institution, and such discipline may include termination
depending on the totality of the facts. If the faculty member
is licensed by the board of educational examiners under chapter
272 256, subchapter VII, part 3, the board of educational
examiners shall conduct a hearing pursuant to section 272.13,
and the faculty member may be subject to disciplinary action
by the board.
Sec. 2560. Section 272.1, Code 2023, is amended to read as
follows:
272.1 Definitions.
As used in this part, unless the context otherwise requires:
1. “Administrator” means a person who is licensed to
coordinate, supervise, or direct an educational program or the
activities of other practitioners.
2. “Board” means the board of educational examiners.
3. “Certificate” means limited recognition to perform
instruction and instruction-related duties in school, other
than those duties for which practitioners are licensed. A
-1401-certificate is nonexclusive recognition and does not confer the
exclusive authority of a license.
4. “Department” means the state department of education.
5. 4. “License” means the authority that is given to allow
a person to legally serve as a practitioner, a school, an
institution, or a course of study to legally offer professional
development programs, other than those programs offered by
practitioner preparation schools, institutions, courses of
study, or area education agencies. A license is the exclusive
authority to perform these functions.
6. 5. “Offense directly relates” refers to either of the
following:
a. The actions taken in furtherance of an offense are
actions customarily performed within the scope of practice of
a licensed profession.
b. The circumstances under which an offense was committed
are circumstances customary to a licensed profession.
7. 6. “Para-educator” means a person who is certified to
assist a teacher in the performance of instructional tasks to
support and assist classroom instruction and related school
activities.
8. 7. “Practitioner” means an administrator, teacher,
or other licensed professional, including an individual who
holds a statement of professional recognition, who provides
educational assistance to students.
9. 8. “Practitioner preparation program” means a program
approved by the state board of education which prepares a
person to obtain a license as a practitioner.
10. 9. “Principal” means a licensed member of a school’s
instructional staff who serves as an instructional leader,
coordinates the process and substance of educational and
instructional programs, coordinates the budget of the school,
provides formative evaluation for all practitioners and other
persons in the school, recommends or has effective authority
to appoint, assign, promote, or transfer personnel in a school
-1402-building, implements the local school board’s policy in a
manner consistent with professional practice and ethics, and
assists in the development and supervision of a school’s
student activities program.
11. 10. “Professional development program” means a course or
program which is offered by a person or agency for the purpose
of providing continuing education for the renewal or upgrading
of a practitioner’s license.
12. 11. “School” means a school under section 280.2, an
area education agency, and a school operated by a state agency
for special purposes.
13. 12. “School administration manager” means a person
who is authorized to assist a school principal in performing
noninstructional administrative duties.
14. 13. “School service personnel” means those persons
holding a practitioner’s license who provide support services
for a student enrolled in school or to practitioners employed
in a school.
15. 14. “Student” means a person who is enrolled in
a course of study at a school or practitioner preparation
program, or who is receiving direct or indirect assistance from
a practitioner.
16. 15. “Superintendent” means an administrator
who promotes, demotes, transfers, assigns, or evaluates
practitioners or other personnel, and carries out the policies
of a governing board in a manner consistent with professional
practice and ethics.
17. 16. “Teacher” means a licensed member of a school’s
instructional staff who diagnoses, prescribes, evaluates,
and directs student learning in a manner which is consistent
with professional practice and school objectives, shares
responsibility for the development of an instructional program
and any coordinating activities, evaluates or assesses student
progress before and after instruction, and who uses the student
evaluation or assessment information to promote additional
-1403-student learning.
18. 17. “Work-based learning program supervisor” means a
person who is certified pursuant to section 272.16 to supervise
students’ opportunities and experiences related to workplace
tours, job shadowing, rotations, mentoring, entrepreneurship,
service learning, internships, and apprenticeships.
Sec. 2561. Section 272.2, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The board of educational examiners is created within the
higher education division of the department of education to
exercise the exclusive authority to:
Sec. 2562. Section 272.2, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. License practitioners, which includes the authority to
establish do all of the following:
(1) Establishcriteria for the licenses; establish.
(2) Establishissuance and renewal requirements, provided
that a continuing education requirement may be completed by
electronic means; create.
(3) Createapplication and renewal forms; create.
(4) Createlicenses that authorize different instructional
functions or specialties; develop.
(5) Developa code of professional rights and
responsibilities, practices, and ethics, which shall, among
other things, address the all of the following:
(a) Thefailure of a practitioner to fulfill contractual
obligations under section 279.13, the. In addressing the
failure of a practitioner to fulfill contractual obligations,
the board shall consider factors beyond the practitioner’s
control.
(b) Thefailure of an administrator to protect the safety of
staff and students, the.
(c) Thefailure of an administrator to meet mandatory
reporter obligations, the.
(d) Therefusal of a practitioner to implement provisions of
-1404-an individualized education program or behavioral intervention
plan, and habitual.
(e) Habitualnonparticipation in professional development;
and develop.
(f) The development ofany other classifications,
distinctions, and procedures which may be necessary to exercise
licensing duties. In addressing the failure of a practitioner
to fulfill contractual obligations, the board shall consider
factors beyond the practitioner’s control.
Sec. 2563. Section 272.2, subsections 4 and 24, Code 2023,
are amended to read as follows:
4. Enforce rules adopted by the board through revocation
or suspension of a license, or by other disciplinary action
against a practitioner or professional development program
licensed by the board of educational examiners. The
board shall designate who may or shall initiate a licensee
disciplinary investigation and a licensee disciplinary
proceeding, and who shall prosecute a disciplinary proceeding
and under what conditions, and shall state the procedures for
review by the board of findings of fact if a majority of the
board does not hear the disciplinary proceeding. However, in a
case alleging failure of a practitioner to fulfill contractual
obligations, the person who files a complaint with the board,
or the complainant’s designee, shall represent the complainant
in a disciplinary hearing conducted in accordance with this
chapter part.
24. By August 1, 2021, adopt rules pursuant to chapter 17A,
developed in consultation with the department, establishing a
statement of professional recognition for behavior analysts
licensed under chapter 154D.
Sec. 2564. Section 272.2, subsection 7, Code 2023, is
amended by striking the subsection.
Sec. 2565. Section 272.2, subsection 14, paragraph d, Code
2023, is amended to read as follows:
d. An applicant for a license or certificate under this
-1405-chapter part shall demonstrate that the requirements of
the license or certificate have been met and the burden of
proof shall be on the applicant. However, if the executive
director of the board receives notice from the director of the
department of education under section 256.9, subsection 17,
that an error in the basic education data survey submission
resulted in an incorrect determination relating to licensure
of a practitioner, the executive director shall initiate
corrective action with the board and the findings of the
director of the department of education shall be sufficient
evidence to correct such error.
Sec. 2566. Section 272.3, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
The board of educational examiners consists of twelve
members. Two must shall be members of the general public, one
must shall be the director of the department of education or
the director’s designee, and the remaining nine members must
shall be licensed practitioners. One of the public members
shall have served on a school board. The public members shall
never have held a practitioner’s license, but shall have a
demonstrated interest in education. The nine practitioners
shall be selected from the following areas and specialties of
the teaching profession:
Sec. 2567. Section 272.3, subsection 2, Code 2023, is
amended to read as follows:
2. A majority of the licensed practitioner members shall
be nonadministrative practitioners. Four of the members shall
be administrators. Membership of the board shall comply with
the requirements of sections 69.16 and 69.16A. A quorum of
the board shall consist of six members. Members shall elect a
chairperson of the board. Members, except for the director of
the department of education or the director’s designee, shall
be appointed by the governor subject to confirmation by the
senate.
Sec. 2568. Section 272.4, subsection 1, unnumbered
-1406-paragraph 1, Code 2023, is amended to read as follows:
Members, except for the director of the department of
education or the director’s designee, shall be appointed to
serve staggered terms of four years. A member shall not serve
more than two consecutive terms, except for the director of the
department of education or the director’s designee, who shall
serve until the director’s term of office expires. A member of
the board, except for the two public members and the director
of the department of education or the director’s designee,
shall hold a valid practitioner’s license during the member’s
term of office. A vacancy exists when any of the following
occur:
Sec. 2569. Section 272.5, subsection 2, Code 2023, is
amended to read as follows:
2. The governor director shall appoint an executive
director of the board of educational examiners subject to
confirmation by the senate. The executive director shall
possess a background in education licensure and administrative
experience and shall serve at the pleasure of the governor.
The board of educational examiners director shall set the
salary of the executive director within the range established
for the position by the general assembly.
Sec. 2570. Section 272.9, subsection 1, Code 2023, is
amended to read as follows:
1. A certificate which was issued by the board of
educational examiners to a practitioner before July 1, 1989,
continues to be in force as long as the certificate complies
with the rules and statutes in effect on July 1, 1989.
Requirements for the renewal of licenses, under this chapter
part, do not apply retroactively to renewal of certificates.
However, this section does not limit the duties or powers of
a school board to select or discharge practitioners or to
terminate practitioners’ contracts.
Sec. 2571. Section 272.9A, subsection 3, Code 2023, is
amended to read as follows:
-1407- 3. An administrator formerly employed by an accredited
nonpublic school or formerly employed as an administrator in
another state or country is exempt from the mentoring and
induction requirement under subsection 1 if the administrator
can document two years of successful administrator experience
and meet or exceed the requirements contained in rules adopted
pursuant to this chapter part for endorsement and licensure.
However, if an administrator cannot document two years of
successful administrator experience when hired by a school
district, the administrator shall meet the requirements of
subsection 1.
Sec. 2572. Section 272.10, subsections 1, 2, and 5, Code
2023, are amended to read as follows:
1. It is the intent of the general assembly that licensing
fees established by the board of educational examiners be
sufficient to finance the activities of the board under this
chapter part.
2. Licensing fees are payable to the treasurer of state and
shall be deposited with the executive director of the board.
The executive director shall deposit twenty-five percent of
the fees collected annually with the treasurer of state and
the fees shall be credited to the general fund of the state.
The remaining licensing fees collected during the fiscal year
shall be retained by and are appropriated to the board for
the purposes related to the board’s duties. Notwithstanding
section 8.33, licensing fees retained by and appropriated to
the board pursuant to this section that remain unencumbered or
unobligated at the close of the fiscal year shall not revert
but shall remain available for expenditure for the activities
of the board as provided in this chapter part until the close
of the succeeding fiscal year.
5. The fees established by the board for the administrative
costs of processing complaints and conducting hearings pursuant
to section 272.2, subsection 23, may include a fee for personal
service by a sheriff, a fee for legal notice when placed in a
-1408-newspaper, transcription service or court reporter fee, and
other fees assessed as costs by the board. The fees collected
annually in accordance with this subsection shall be retained
by and are appropriated to the board for the purposes related
to the board’s duties. Notwithstanding section 8.33, fees
retained by and appropriated to the board pursuant to this
subsection that remain unencumbered or unobligated at the close
of the fiscal year shall not revert but shall remain available
for expenditure for the activities of the board as provided
in this chapter part until the close of the succeeding fiscal
year.
Sec. 2573. Section 272.11, Code 2023, is amended to read as
follows:
272.11 Expenditures and refunds.
Expenditures and refunds made by the board under this
chapter part shall be certified by the executive director of
the board to the director of the department of administrative
services, and if found correct, the director of the department
of administrative services shall approve the expenditures and
refunds and draw warrants upon the treasurer of state from the
funds appropriated for that purpose.
Sec. 2574. Section 272.12, Code 2023, is amended to read as
follows:
272.12 Para-educator certificates.
The board of educational examiners shall adopt rules
pursuant to chapter 17A relating to a voluntary certification
system for para-educators. The rules shall specify rights,
responsibilities, levels, and qualifications for the
certificate. Applicants shall be disqualified for any reason
specified in section 272.2, subsection 14, or in administrative
rule. Notwithstanding section 272.2, subsection 14, paragraph
“b”, subparagraph (2), the board may issue a para-educator
certificate to a person who is at least eighteen years of age.
A person holding a para-educator certificate shall not perform
the duties of a licensed practitioner. A certificate issued
-1409-pursuant to this chapter part shall not be considered a teacher
or administrator license for any purpose specified by law,
including the purposes specified under this chapter part or
chapter 279.
Sec. 2575. Section 272.15, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. If, in the course of performing official duties, an
employee of the department becomes aware of any alleged
misconduct by an individual licensed under this chapter part,
the employee shall report the alleged misconduct to the board
of educational examiners under rules adopted pursuant to
subsection 1.
4. If the executive director of the board verifies through
a review of official records that a teacher who holds a
practitioner’s license under this chapter part is assigned
instructional duties for which the teacher does not hold the
appropriate license or endorsement, either by grade level or
subject area, by a school district or accredited nonpublic
school, the executive director may initiate a complaint
against the teacher and the administrator responsible for the
inappropriate assignment of instructional duties.
Sec. 2576. Section 272.16, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. The board of educational examiners shall adopt rules
pursuant to chapter 17A relating to a certification system
for work-based learning program supervisors. The rules shall
specify rights, responsibilities, levels, and qualifications
for the certificate. The certificate shall not require more
than fifteen contact hours, which shall be available over
the internet and which shall provide instruction related to
fundamentals in career education, curriculum, assessment, and
the evaluation of student participation.
2. Applicants shall be disqualified for any reason
specified in section 272.2, subsection 14, or in rules adopted
by the board of educational examiners.
-1410- 3. A certificate issued pursuant to this section shall
not be considered a teacher or administrator license for any
purpose specified by law, including the purposes specified
under this chapter part or chapter 279.
Sec. 2577. Section 272.20, Code 2023, is amended to read as
follows:
272.20 National certification.
The board of educational examiners shall review the
standards for teacher’s certificates adopted by the national
board for professional teaching standards, a nonprofit
corporation created as a result of recommendations of the
task force on teaching as a profession of the Carnegie
forum on education and the economy. In those cases in
which the standards required by the national board for an
Iowa endorsement or license meet or exceed the requirements
contained in rules adopted under this chapter part for that
endorsement or license, the board of educational examiners
shall issue endorsements or licenses to holders of certificates
issued by the national board who request the endorsement or
license.
Sec. 2578. Section 272.28, subsection 2, Code 2023, is
amended to read as follows:
2. A teacher from an accredited nonpublic school or another
state or country is exempt from the requirement of subsection 1
if the teacher can document three years of successful teaching
experience and meet or exceed the requirements contained in
rules adopted under this chapter part for endorsement and
licensure.
Sec. 2579. Section 272.29, Code 2023, is amended to read as
follows:
272.29 Annual administrative rules review — triennial
report.
The executive director of the board shall annually review
the administrative rules adopted pursuant to this chapter part
and related state laws. The executive director shall submit
-1411-the executive director’s findings and recommendations in a
report every three years to the board and the general assembly
by January 15.
Sec. 2580. Section 272C.15, subsection 1, Code 2023, is
amended to read as follows:
1. Notwithstanding any other provision of law to the
contrary, except for chapter 272 256, subchapter VII, part 3, a
person’s conviction of a crime may be grounds for the denial,
revocation, or suspension of a license only if an unreasonable
risk to public safety exists because the offense directly
relates to the duties and responsibilities of the profession
and the appropriate licensing board, agency, or department does
not grant an exception pursuant to subsection 4.
Sec. 2581. Section 273.3, subsections 11 and 25, Code 2023,
are amended to read as follows:
11. Employ personnel to carry out the functions of the
area education agency which shall include the employment of an
administrator who shall possess a license issued under chapter
272 256, subchapter VII, part 3. The administrator shall
be employed pursuant to section 279.20 and sections 279.23,
279.24, and 279.25. The salary for an area education agency
administrator shall be established by the board based upon
the previous experience and education of the administrator.
Section 279.13 applies to the area education agency board
and to all teachers employed by the area education agency.
Sections 279.23, 279.24, and 279.25 apply to the area education
board and to all administrators employed by the area education
agency. Section 279.69 applies to the area education agency
board and employees of the board, including part-time,
substitute, or contract employees, who provide services to a
school or school district.
25. Require, by July 1, 2024, any person employed by
the area education agency who holds a license, certificate,
statement of recognition, or authorization other than a
coaching authorization, issued by the board of educational
-1412-examiners under chapter 272 256, subchapter VII, part 3, to
complete the Iowa reading research center dyslexia overview
module. Such persons employed after July 1, 2024, shall
complete the module within one year of the employee’s initial
date of hire.
Sec. 2582. Section 279.13, subsection 1, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Prior to entering into an initial contract with a
teacher who holds a license other than an initial license
issued by the board of educational examiners under chapter 272
256, subchapter VII, part 3, the school district shall initiate
a state criminal history record check of the applicant through
the division of criminal investigation of the department of
public safety, submit the applicant’s fingerprints to the
division for submission to the federal bureau of investigation
for a national criminal history record check, and review the
sex offender registry information under section 692A.121
available to the general public, the central registry for
child abuse information established under section 235A.14, and
the central registry for dependent adult abuse information
established under section 235B.5 for information regarding the
applicant for employment as a teacher.
Sec. 2583. Section 279.19B, subsection 1, paragraph a,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
The board of directors of a school district may employ for
head coach of any interscholastic athletic activities or for
assistant coach of any interscholastic athletic activity, an
individual who possesses a coaching authorization issued by the
board of educational examiners or possesses a teaching license
with a coaching endorsement issued pursuant to chapter 272 256,
subchapter VII, part 3. However, a board of directors of a
school district shall consider applicants with qualifications
described below, in the following order of priority:
Sec. 2584. Section 279.50A, subsection 1, paragraph a, Code
-1413-2023, is amended to read as follows:
a. The school district has made every reasonable and
good faith effort to employ a teacher licensed under chapter
272 256, subchapter VII, part 3, for the unit of science or
mathematics, as applicable, and is unable to employ such a
teacher. For purposes of this subsection, “good faith effort”
means the same as defined in section 279.19A, subsection 9.
Sec. 2585. Section 279.72, Code 2023, is amended to read as
follows:
279.72 Training on dyslexia.
By July 1, 2024, the board of directors of a school
district shall require all persons employed by the school
district who hold a teaching license with an endorsement
for prekindergarten, prekindergarten or elementary special
education, or prekindergarten through grade three levels
issued under chapter 272 256, subchapter VII, part 3, all
practitioners and paraprofessionals assigned as Title I
teachers and Title I paraprofessionals under the federal Every
Student Succeeds Act, Pub.L. No.114-95, and all practitioners
endorsed to teach English as a second language to complete the
Iowa reading research center dyslexia overview module. Such
persons employed by the school district after July 1, 2024,
shall complete the module within one year of the employee’s
initial date of hire.
Sec. 2586. Section 279.73, subsection 2, Code 2023, is
amended to read as follows:
2. If the board of directors of the school district or
a court finds that an employee of the school district who
holds a license, certificate, statement of recognition, or
authorization issued by the board of educational examiners
under chapter 272 256, subchapter VII, part 3, discriminated
against a student or employee in violation of this section,
the employee found to be in violation under this section shall
be subject to a hearing conducted by the board of educational
examiners pursuant to section 272.2, subsection 14, which may
-1414-result in disciplinary action and the employee’s employment may
be terminated.
Sec. 2587. Section 284.2, subsections 1, 7, and 11, Code
2023, are amended to read as follows:
1. “Beginning teacher” means an individual serving under
an initial or intern license, issued under chapter 272 256,
subchapter VII, part 3, who is assuming a position as a
teacher. “Beginning teacher” includes an individual who is
an initial teacher. For purposes of the beginning teacher
mentoring and induction program created pursuant to section
284.5, “beginning teacher” also includes preschool teachers
who are licensed under chapter 272 256, subchapter VII, part
3, and are employed by a school district or area education
agency. “Beginning teacher” does not include a teacher whose
employment with a school district or area education agency is
probationary unless the teacher is serving under an initial or
teacher intern license issued under chapter 272 256, subchapter
VII, part 3.
7. “Mentor” means an individual employed by a school
district or area education agency as a teacher or a retired
teacher who holds a valid license issued under chapter 272 256,
subchapter VII, part 3. The individual must have a record of
three years of successful teaching practice, must be employed
on a nonprobationary basis, and must demonstrate professional
commitment to both the improvement of teaching and learning and
the development of beginning teachers.
11. “Teacher” means an individual who holds a practitioner’s
license issued under chapter 272 256, subchapter VII, part
3, or a statement of professional recognition issued under
chapter 272 256, subchapter VII, part 3, who is employed in
a nonadministrative position by a school district or area
education agency pursuant to a contract issued by a board of
directors under section 279.13. A teacher may be employed in
both an administrative and a nonadministrative position by a
board of directors and shall be considered a part-time teacher
-1415-for the portion of time that the teacher is employed in a
nonadministrative position.
Sec. 2588. Section 284.10, subsection 2, Code 2023, is
amended to read as follows:
2. An administrator licensed under chapter 272 256,
subchapter VII, part 3, who conducts evaluations of teachers
for purposes of this chapter shall complete the evaluator
training program. A practitioner licensed under chapter 272
256, subchapter VII, part 3, who is not an administrator
may enroll in the evaluator training program. Enrollment
preference shall be given to administrators. Upon successful
completion, the provider shall certify that the administrator
or other practitioner is qualified to conduct evaluations
for employment, make recommendations for licensure, and make
recommendations that a teacher is qualified to advance from one
career path level to the next career path level pursuant to
this chapter. Certification is for a period of five years and
may be renewed.
Sec. 2589. Section 284.15, subsection 2, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) The salary for an initial teacher who has successfully
completed an approved practitioner preparation program as
defined in section 272.1 or holds an initial or intern teacher
license issued under chapter 272 256, subchapter VII, part 3,
shall be at least thirty-three thousand five hundred dollars,
which shall also constitute the minimum salary for an Iowa
teacher.
Sec. 2590. Section 284.15, subsection 2, paragraph b,
unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A career teacher is a teacher who holds a statement of
professional recognition issued under chapter 272 256,
subchapter VII, part 3, or who meets all of the following
requirements:
Sec. 2591. Section 284.15, subsection 2, paragraph b,
-1416-subparagraph (2), Code 2023, is amended to read as follows:
(2) Holds a valid license issued under chapter 272 256,
subchapter VII, part 3.
Sec. 2592. Section 284.15, subsection 2, paragraphs d and e,
Code 2023, are amended to read as follows:
d. Mentor teacher. A mentor teacher is a teacher who
is evaluated by the school district as demonstrating the
competencies and superior teaching skills of a mentor teacher,
and has been recommended for a one-year assignment as a mentor
teacher by a site-based review council appointed pursuant to
subsection 4. In addition, a mentor teacher shall hold a
valid license issued under chapter 272 256, subchapter VII,
part 3, participate in teacher professional development as
outlined in this chapter, demonstrate continuous improvement in
teaching, and possess the skills and qualifications to assume
leadership roles. A mentor teacher shall have a teaching load
of not more than seventy-five percent student instruction to
allow the teacher to mentor other teachers. A school district
shall designate at least ten percent of its teachers as mentor
teachers, though the district may enter into an agreement with
one or more other districts or an area education agency to meet
this requirement through a collaborative arrangement. The
terms of the teaching contracts issued under section 279.13 to
mentor teachers shall exceed by ten days the terms of teaching
contracts issued under section 279.13 to career teachers, and
the ten additional contract days shall be used to strengthen
instructional leadership in accordance with this subsection. A
mentor teacher shall receive annually a salary supplement of
at least five thousand dollars.
e. Lead teacher. A lead teacher is a teacher who holds a
valid license issued under chapter 272 256, subchapter VII,
part 3, and has been recommended for a one-year assignment
as a lead teacher by a site-based review council appointed
pursuant to subsection 4. The recommendation from the council
must assert that the teacher possesses superior teaching
-1417-skills and the ability to lead adult learners. A lead
teacher shall assume leadership roles that may include but
are not limited to the planning and delivery of professional
development activities designed to improve instructional
strategies; the facilitation of an instructional leadership
team within the lead teacher’s building, school district, or
other school districts; the mentoring of other teachers; and
participation in the evaluation of student teachers. A lead
teacher shall have a teaching load of not more than fifty
percent student instruction to allow the lead teacher to spend
time on co-teaching; co-planning; peer reviews; observing
career teachers, model teachers, and mentor teachers; and other
duties mutually agreed upon by the superintendent and the lead
teacher. A school district shall designate at least five
percent of its teachers as lead teachers, though the district
may enter into an agreement with one or more other districts
or an area education agency to meet this requirement through a
collaborative arrangement. The terms of the teaching contracts
issued under section 279.13 to lead teachers shall exceed by
fifteen days the terms of teaching contracts issued under
section 279.13 to career teachers, and the fifteen additional
contract days shall be used to strengthen instructional
leadership in accordance with this subsection. A lead teacher
shall receive annually a salary supplement of at least ten
thousand dollars.
Sec. 2593. Section 284.16, subsection 1, paragraph a,
subparagraphs (1) and (2), Code 2023, are amended to read as
follows:
(1) Has successfully completed an approved practitioner
preparation program as defined in section 272.1 or holds an
intern teacher license issued under chapter 272 256, subchapter
VII, part 3.
(2) Holds an initial or intern teacher license issued under
chapter 272 256, subchapter VII, part 3.
Sec. 2594. Section 284.16, subsection 1, paragraph b,
-1418-unnumbered paragraph 1, Code 2023, is amended to read as
follows:
A career teacher is a teacher who holds a statement
of professional recognition issued under chapter 272
256, subchapter VII, part 3, or who meets the following
requirements:
Sec. 2595. Section 284.16, subsection 1, paragraph b,
subparagraph (3), Code 2023, is amended to read as follows:
(3) Holds a valid license issued under chapter 272 256,
subchapter VII, part 3.
Sec. 2596. Section 284A.2, subsections 1, 2, and 7, Code
2023, are amended to read as follows:
1. “Administrator” means an individual holding a
professional administrator license issued under chapter 272
256, subchapter VII, part 3, who is employed in a school
district administrative position by a school district or area
education agency pursuant to a contract issued by a board of
directors under section 279.23 and is engaged in instructional
leadership. An administrator may be employed in both an
administrative and a nonadministrative position by a board of
directors and shall be considered a part-time administrator
for the portion of time that the individual is employed in an
administrative position.
2. “Beginning administrator” means an individual serving
under an administrator license, issued by the board of
educational examiners under chapter 272 256, subchapter VII,
part 3, who is assuming a position as a school district
principal or superintendent for the first time.
7. “Mentor” means an individual employed by a school
district or area education agency as a school district
administrator or a retired administrator who holds a valid
license issued under chapter 272 256, subchapter VII, part 3.
The individual must have a record of four years of successful
administrative experience and must demonstrate professional
commitment to both the improvement of teaching and learning and
-1419-the development of beginning administrators.
Sec. 2597. Section 284A.6, subsection 2, Code 2023, is
amended to read as follows:
2. In cooperation with the administrator’s evaluator, the
administrator who has a professional administrator license
issued by the board of educational examiners pursuant to
chapter 272 256, subchapter VII, part 3, and is employed
by a school district or area education agency in a school
district administrative position shall develop an individual
administrator professional development plan. The purpose
of the plan is to promote individual and group professional
development. The individual plan shall be based, at a minimum,
on the needs of the administrator, the Iowa standards for
school administrators adopted pursuant to section 256.7,
subsection 27, and the student achievement goals of the
attendance center and the school district as outlined in the
comprehensive school improvement plan.
Sec. 2598. Section 284A.7, Code 2023, is amended to read as
follows:
284A.7 Evaluation requirements for administrators.
A school district shall conduct an annual evaluation of an
administrator who holds a professional administrator license
issued under chapter 272 256, subchapter VII, part 3, for
purposes of assisting the administrator in making continuous
improvement, documenting continued competence in the Iowa
standards for school administrators adopted pursuant to
section 256.7, subsection 27, or to determine whether the
administrator’s practice meets school district expectations.
The evaluation shall include, at a minimum, an assessment of
the administrator’s competence in meeting the Iowa standards
for school administrators and the goals of the administrator’s
individual professional development plan, including supporting
documentation or artifacts aligned to the Iowa standards for
school administrators and the individual administrator’s
professional development plan.
-1420- Sec. 2599. Section 299A.2, Code 2023, is amended to read as
follows:
299A.2 Competent private instruction by licensed
practitioner.
If a licensed practitioner provides competent instruction
to a school-age child, the practitioner shall possess a valid
license or certificate which has been issued by the state board
of educational examiners under chapter 272 256, subchapter VII,
part 3, and which is appropriate to the ages and grade levels
of the children to be taught. Competent private instruction
may include but is not limited to a home school assistance
program which provides instruction or instructional supervision
offered through an accredited nonpublic school or public school
district by a teacher, who is employed by the accredited
nonpublic school or public school district, who assists and
supervises a parent, guardian, or legal custodian in providing
instruction to a child. If competent private instruction is
provided through a public school district, the child shall be
enrolled and included in the basic enrollment of the school
district as provided in section 257.6. Sections 299A.3 through
299A.7 do not apply to competent private instruction provided
by a licensed practitioner under this section. However, the
reporting requirement contained in section 299A.3, subsection
1, shall apply to competent private instruction provided by
licensed practitioners that is not part of a home school
assistance program offered through an accredited nonpublic
school or public school district.
Sec. 2600. Section 622.10, subsection 8, Code 2023, is
amended to read as follows:
8. A qualified school guidance counselor, who is licensed
by the board of educational examiners under chapter 272 256,
subchapter VII, part 3, and who obtains information by reason
of the counselor’s employment as a qualified school guidance
counselor, shall not be allowed, in giving testimony, to
disclose any confidential communications properly entrusted
-1421-to the counselor by a pupil or the pupil’s parent or guardian
in the counselor’s capacity as a qualified school guidance
counselor and necessary and proper to enable the counselor to
perform the counselor’s duties as a qualified school guidance
counselor.
Sec. 2601. Section 709.15, subsection 1, paragraph g,
subparagraph (1), subparagraph divisions (a) and (b), Code
2023, are amended to read as follows:
(a) A person who holds a license, certificate, or statement
of professional recognition issued under chapter 272 256,
subchapter VII, part 3.
(b) A person who holds an authorization issued under chapter
272 256, subchapter VII, part 3.
Sec. 2602. Section 714.19, subsection 4, Code 2023, is
amended to read as follows:
4. Private and nonprofit elementary or secondary schools
recognized by the department of education or the board of
directors of a school district for the purpose of complying
with chapter 299 and employing teachers licensed under chapter
272 256, subchapter VII, part 3.
Sec. 2603. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 272.1 to section 256.145.
b. Section 272.2 to section 256.146.
c. Section 272.3 to section 256.147.
d. Section 272.4 to section 256.148.
e. Section 272.5 to section 256.149.
f. Section 272.6 to section 256.150.
g. Section 272.7 to section 256.151.
h. Section 272.8 to section 256.152.
i. Section 272.9 to section 256.153.
j. Section 272.9A to section 256.154.
k. Section 272.10 to section 256.155.
l. Section 272.11 to section 256.156.
-1422- m. Section 272.12 to section 256.157.
n. Section 272.13 to section 256.158.
o. Section 272.14 to section 256.159.
p. Section 272.15 to section 256.160.
q. Section 272.16 to section 256.161.
r. Section 272.20 to section 256.162.
s. Section 272.28 to section 256.163.
t. Section 272.29 to section 256.164.
u. Section 272.31 to section 256.165.
2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. The Code editor may designate sections 256.145 through
256.165, as enacted in this division of this Act, as new part 3
entitled “Board of Educational Examiners” within the subchapter
entitled “Higher Education Division” as enacted by another
division of this Act.
Sec. 2604. TRANSITION PROVISIONS.
1. Any license, certificate, or authorization issued by
the board of education examiners pursuant to chapter 272 prior
to the effective date of this division of this Act is valid
and shall continue as provided in the terms of the license,
certificate, or authorization.
2. Federal funds utilized by the board of educational
examiners prior to the effective date of this division of this
Act to employ personnel necessary for the administration of the
board of educational examiners’ programs shall be applied to
and be available for the transfer of such personnel from the
board of educational examiners to the higher education division
of the department of education.
Sec. 2605. APPLICABILITY. This division of this Act applies
to individuals appointed as the executive director of the board
of educational examiners before, on, or after the effective
date of this division of this Act.
COLLEGE STUDENT AID COMMISSION
-1423- Sec. 2606. Section 8A.504, subsection 1, paragraph d,
subparagraph (2), Code 2023, is amended to read as follows:
(2) An amount that is due because of a default on a loan
under chapter 261 256, subchapter VII, part 4.
Sec. 2607. Section 8A.504, subsection 4, Code 2023, is
amended to read as follows:
4. The director shall have the authority to enter into
reciprocal agreements with the departments of revenue of other
states that have enacted legislation that is substantially
equivalent to the setoff procedure provided in this section for
the recovery of an amount due because of a default on a loan
under chapter 261 256, subchapter VII, part 4. A reciprocal
agreement shall also be approved by the college student aid
commission. The agreement shall authorize the department to
provide by rule for the setoff of state income tax refunds
or rebates of defaulters from states with which Iowa has a
reciprocal agreement and to provide for sending lists of
names of Iowa defaulters to the states with which Iowa has
a reciprocal agreement for setoff of that state’s income tax
refunds.
Sec. 2608. Section 261.1, subsection 1, Code 2023, is
amended to read as follows:
1. There is hereby created within the higher education
division of the department a commission to be known as the
“College Student Aid Commission” of the state of Iowa.
Sec. 2609. Section 261.1, subsection 2, paragraphs a and b,
Code 2023, are amended to read as follows:
a. A member of the state board of regents to be named by the
state board of regents, or the executive director of the state
board of regents if so appointed by the state board of regents,
who shall serve for a four-year term or until the expiration
of the member’s term of office.
b. The director of the department of education or the
director’s designee.
Sec. 2610. Section 261.1, subsection 4, paragraph a, Code
-1424-2023, is amended to read as follows:
a. Vacancies on the commission shall be filled for the
unexpired term of such vacancies, if applicable, in the same
manner as the original appointment.
Sec. 2611. Section 261.1, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 5. The director shall appoint an executive
director of the commission. The director shall set the salary
of the executive director.
Sec. 2612. Section 261.2, subsection 2, Code 2023, is
amended to read as follows:
2. Administer the tuition grant program under this chapter
part.
Sec. 2613. Section 261.3, Code 2023, is amended to read as
follows:
261.3 Organization — bylaws.
1. The commission is an autonomous state agency which is
attached to the department of education for organizational
purposes only.
2. 1. The commission, under the authority of the higher
education division of the department, shall determine its
own organization, draw up its own bylaws, adopt rules under
chapter 17A, and do such other things as may be necessary
and incidental in the administration of this chapter part,
including the housing, employment, and fixing the compensation
and bond of persons required to carry out its functions and
responsibilities. A decision of the commission is final agency
action under chapter 17A.
3. 2. The commission shall function at the seat of
government or such other place as it the commission might
designate.
Sec. 2614. Section 261.5, subsection 2, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
Notwithstanding any other provision of this chapter part, in
the event of a national emergency declared by the president of
-1425-the United States by reason of terrorist attack, the commission
may waive or modify any statutory or regulatory provision
applicable to state financial aid programs established pursuant
to this chapter part to ensure, with regard to affected
individuals, that the following occurs:
Sec. 2615. Section 261.5, subsection 3, Code 2023, is
amended to read as follows:
3. Notwithstanding any other provision of this chapter
part, in the event of a national emergency declared by the
president of the United States by reason of terrorist attack,
the commission may grant temporary relief from requirements
rendered infeasible or unreasonable, including due diligence
requirements and reporting deadlines, by the national
emergency, to an institution of higher education under the
state board of regents, a community college, an accredited
private institution as defined in section 261.9, eligible
lenders, and other entities participating in the state student
assistance programs in accordance with this chapter part, that
are located in, or whose operations are directly affected
by, areas that are declared disaster areas by any federal,
state, or local official in connection with the national
emergency. If the commission issues a waiver in accordance
with this section, the report prepared by the commission
pursuant to section 17A.9A, subsection 5, shall include
examples of measures that a postsecondary institution may take
in the appropriate exercise of discretion, as provided in 20
U.S.C. §1087tt, to adjust financial need and aid eligibility
determinations for affected individuals.
Sec. 2616. Section 261.9, unnumbered paragraph 1, Code
2023, is amended to read as follows:
When used in this subchapter subpart, unless the context
otherwise requires:
Sec. 2617. Section 261.9, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Is accredited by the higher learning commission, is
-1426-exempt from taxation under section 501(c)(3) of the Internal
Revenue Code, and annually provides a matching aggregate amount
of institutional financial aid equal to at least seventy-five
percent of the amount received in a fiscal year by the
institution’s students for Iowa tuition grant assistance under
this chapter part. Commencing with the fiscal year beginning
July 1, 2006, the matching aggregate amount of institutional
financial aid shall increase by the percentage of increase each
fiscal year of funds appropriated for Iowa tuition grants under
section 261.25, subsection 1, to a maximum match of one hundred
percent. The institution shall file annual reports with the
commission prior to receipt of tuition grant moneys under this
chapter part. An institution whose income is not exempt from
taxation under section 501(c) of the Internal Revenue Code and
whose students were eligible to receive Iowa tuition grant
money in the fiscal year beginning July 1, 2003, shall meet the
match requirements of this paragraph no later than June 30,
2005.
Sec. 2618. Section 261.9, subsection 8, Code 2023, is
amended to read as follows:
8. “Tuition grant” means an award by the state of Iowa to a
qualified student under this subchapter subpart.
Sec. 2619. Section 261.15, subsection 2, Code 2023, is
amended to read as follows:
2. Adopt rules and regulations for determining financial
need, defining tuition and mandatory fees, defining residence
for the purposes of this subchapter subpart, processing and
approving applications for tuition grants, and determining
priority of grants. The commission may provide for proration
of funds if the available funds are insufficient to pay all
approved grants. Such proration shall take primary account of
the financial need of the applicant. In determining who is a
resident of Iowa, the commission’s rules shall be at least as
restrictive as those of the board of regents.
Sec. 2620. Section 261.16A, subsection 7, Code 2023, is
-1427-amended to read as follows:
7. Reports to commission. An eligible institution shall
file annual reports with the commission, as required by the
commission and under section 261.9, prior to receipt of tuition
grant moneys under this chapter part.
Sec. 2621. Section 261.17, subsection 5, Code 2023, is
amended to read as follows:
5. A vocational-technical tuition grant shall be awarded
on an annual basis, requiring reapplication by the student for
each year. Payments under the grant shall be allocated equally
among the semesters or quarters of the year upon certification
by the institution that the student is in full-time or
part-time attendance in a vocational-technical or career option
program, as defined under rules of the department of education.
If the student discontinues attendance before the end of any
term after receiving payment of the grant, the entire amount of
any refund due that student, up to the amount of any payments
made under the annual grant, shall be paid by the institution
to the state.
Sec. 2622. Section 261.20, subsection 1, Code 2023, is
amended to read as follows:
1. A scholarship and tuition grant reserve fund is created
to assure that financial assistance will be available to all
students who are awarded scholarships or tuition grants through
programs funded under this chapter part. The fund is created
as a separate fund in the state treasury, and moneys in the
fund shall not revert to the general fund unless, and then
only to the extent that, the funds exceed the maximum allowed
balance.
Sec. 2623. Section 261.35, unnumbered paragraph 1, Code
2023, is amended to read as follows:
As used in this subchapter subpart, unless the context
otherwise requires:
Sec. 2624. Section 261.36, unnumbered paragraph 1, Code
2023, is amended to read as follows:
-1428- The commission shall have necessary powers to carry out its
purposes and duties under this subchapter subpart, including
but not limited to the power to:
Sec. 2625. Section 261.37, unnumbered paragraph 1, Code
2023, is amended to read as follows:
The duties of the commission under this subchapter subpart
shall be as follows:
Sec. 2626. Section 261.37, subsections 5 and 7, Code 2023,
are amended to read as follows:
5. To adopt rules pursuant to chapter 17A to implement
the provisions of this subchapter subpart, including
establishing standards for educational institutions, lenders,
and individuals to become eligible institutions, lenders, and
borrowers. Notwithstanding any contrary provisions in chapter
537, the rules and standards established shall be consistent
with the requirements provided in the Higher Education Act of
1965.
7. To establish an effective system for the collection of
delinquent loans, including the adoption of an agreement with
the department of administrative services to set off against
a defaulter’s income tax refund or rebate the amount that is
due because of a default on a loan made under this subchapter
subpart. The commission shall adopt rules under chapter 17A
necessary to assist the department of administrative services
in the implementation of the student loan setoff program as
established under section 8A.504. The commission shall apply
administrative wage garnishment procedures authorized under the
federal Higher Education Act of 1965, as amended and codified
in 20 U.S.C. §1071 et seq., for all delinquent loans, including
loans authorized under section 261.38, when a defaulter who is
financially capable of paying fails to voluntarily enter into a
reasonable payment agreement. In no case shall the commission
garnish more than the amount authorized by federal law for
all loans being collected by the commission, including those
authorized under section 261.38.
-1429- Sec. 2627. Section 261.42, Code 2023, is amended to read as
follows:
261.42 Short title.
This subchapter subpart shall be known and may be cited as
the “Iowa Guaranteed Loan Program”.
Sec. 2628. Section 261.43A, Code 2023, is amended to read
as follows:
261.43A Security interest in education loans.
A nonprofit organization qualifying for tax-exempt status
under the Internal Revenue Code, as defined in section 422.3,
that provides or acquires education loans in the organization’s
normal course of business shall, notwithstanding any contrary
provision of chapter 554 or other state law, establish and
perfect a security interest and establish priority over other
security interests in such education loans by filing in the
same manner as provided for perfecting a security interest in
a student loan pursuant to 20 U.S.C. §1082(m)(1)(E). This
section applies to education loans provided under this chapter
part by such nonprofit organizations and other education loans
provided by such nonprofit organizations.
Sec. 2629. Section 261.87, subsection 1, unnumbered
paragraph 1, Code 2023, is amended to read as follows:
As used in this subchapter subpart, unless the context
otherwise requires:
Sec. 2630. Section 261.102, subsection 7, Code 2023, is
amended to read as follows:
7. “Program” means the Iowa minority academic grants
for economic success program established in this subchapter
subpart.
Sec. 2631. Section 261.110, subsections 1 and 5, Code 2023,
are amended to read as follows:
1. A teach Iowa scholar program is established to provide
teach Iowa scholar grants to selected high-caliber teachers.
The commission shall administer the program in collaboration
with the department of education.
-1430- 5. The commission, in collaboration with the department
of education, shall adopt rules pursuant to chapter 17A to
administer this section. The rules shall include but shall not
be limited to a process for use by the commission to determine
which eligible applicants will receive teach Iowa scholar
grants.
Sec. 2632. Section 261.110, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. The applicant was in the top twenty-five percent
academically of students exiting a teacher preparation program
approved by the state board of education pursuant to section
256.7, subsection 3, or a similar teacher preparation program
in another state, or had earned other comparable academic
credentials.
Sec. 2633. Section 261.111, subsection 2, Code 2023, is
amended to read as follows:
2. The director of the department of education shall
annually designate the areas in which teacher shortages are
anticipated. The director shall periodically conduct a survey
of school districts, accredited nonpublic schools, and approved
practitioner preparation programs to determine current shortage
areas and predict future shortage areas.
Sec. 2634. Section 261.112, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. A teacher shortage loan forgiveness program is
established to be administered by the commission. A teacher
is eligible for the program if the teacher is practicing in
a teacher shortage area as designated by the department of
education pursuant to subsection 2. A person is ineligible
for this program if the person receives a grant under section
261.110 or a forgivable loan under section 261.111. For
purposes of this section, “teacher” means an individual holding
a practitioner’s license issued under chapter 272 part 3, who
is employed in a nonadministrative position in a designated
shortage area by a school district or area education agency
-1431-pursuant to a contract issued by a board of directors under
section 279.13.
2. The director of the department of education shall
annually designate the geographic or subject areas experiencing
teacher shortages. The director shall periodically conduct a
survey of school districts, accredited nonpublic schools, and
approved practitioner preparation programs to determine current
shortage areas.
Sec. 2635. Section 261.130, subsection 2, Code 2023, is
amended to read as follows:
2. Skilled workforce shortage tuition grants shall be
awarded only to students pursuing a career-technical or career
option program in an industry identified as having a shortage
of skilled workers by a community college after conducting a
regional skills gap analysis or as being a high-demand job by
the department of workforce development in the department’s
department of workforce development’s most recent list of
high-demand jobs. If a community college no longer identifies
the industry as having a shortage of skilled workers or the
department of workforce development no longer identifies the
industry as a high-demand job, an eligible student who received
a grant for a career-technical or career option program based
on that identification shall continue to receive the grant
until achieving a postsecondary credential, up to an associate
degree, as long as the student is continuously enrolled in
that program and continues to meet all other eligibility
requirements.
Sec. 2636. Section 261.131, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. “Approved state-recognized work-based learning program”
means a structured educational and training program that
includes authentic worksite training and is approved by the
department of education according to a process established
under rules adopted pursuant to section 256.7, subsection 34.
Sec. 2637. Section 261.132, subsection 1, paragraph c, Code
-1432-2023, is amended to read as follows:
c. “Eligible program” means a program of study or an
academic major jointly approved by the commission and the
department of workforce development, in consultation with the
eligible institution, that leads to a bachelor’s degree aligned
with a high-demand job designated by the workforce development
board pursuant to section 84A.1B, subsection 14. If the
department of workforce development removes a high-demand job
from the list created under section 84A.1B, subsection 14, an
eligible student who received a grant for a program based on
that high-demand job shall continue to receive the grant until
achieving a bachelor’s degree as long as the student continues
to meet all other eligibility requirements.
Sec. 2638. Section 261B.11A, subsection 1, Code 2023, is
amended to read as follows:
1. Students attending schools required to register under
this chapter are ineligible for state student financial aid
programs established under chapter 261 256, subchapter VII,
part 4.
Sec. 2639. Section 261F.1, subsection 5, paragraph e, Code
2023, is amended to read as follows:
e. State education grants, scholarships, or financial aid
funds administered under chapter 261 256, subchapter VII, part
4.
Sec. 2640. Section 261G.4, subsections 1, 2, and 5, Code
2023, are amended to read as follows:
1. Notwithstanding any other provision of law to the
contrary, a participating nonresident institution shall not
be required to register under chapter 261B or to comply with
the registration and disclosure requirements of chapter 261
256, subchapter VII, part 4, or chapter 261B or section 714.17,
subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
section 714.25, if the provisions of an interstate reciprocity
agreement prohibit such registration or compliance.
-1433- 2. Notwithstanding any other provision of law to the
contrary, a participating resident institution shall be
required to register under chapter 261B or to comply with the
registration and disclosure requirements of chapter 261 256,
subchapter VII, part 4, or chapter 261B or section 714.17,
subsections 2 and 3, or sections 714.18, 714.20, 714.21, and
714.23, or section 714.24, subsections 1, 2, 3, 4, and 5, or
section 714.25, if the provisions of the interstate reciprocity
agreement require such registration or compliance.
5. Students attending a participating nonresident
institution are ineligible for state student financial aid
programs established under chapter 261 256, subchapter VII,
part 4.
Sec. 2641. CODE EDITOR DIRECTIVE.
1. The Code editor is directed to make the following
transfers:
a. Section 261.1 to section 256.176.
b. Section 261.2 to section 256.177.
c. Section 261.3 to section 256.178.
d. Section 261.4 to section 256.179.
e. Section 261.5 to section 256.180.
f. Section 261.7 to section 256.181.
g. Section 261.8 to section 256.182.
h. Section 261.9 to section 256.183.
i. Section 261.10 to section 256.184.
j. Section 261.11 to section 256.185.
k. Section 261.12 to section 256.186.
l. Section 261.13 to section 256.187.
m. Section 261.14 to section 256.188.
n. Section 261.15 to section 256.189.
o. Section 261.16 to section 256.190.
p. Section 261.16A to section 256.191.
q. Section 261.17 to section 256.192.
r. Section 261.20 to section 256.193.
s. Section 261.25 to section 256.194.
-1434- t. Section 261.35 to section 256.195.
u. Section 261.36 to section 256.196.
v. Section 261.37 to section 256.197.
w. Section 261.38 to section 256.198.
x. Section 261.42 to section 256.199.
y. Section 261.43 to section 256.200.
z. Section 261.43A to section 256.201.
aa. Section 261.62 to section 256.202.
ab. Section 261.71 to section 256.203.
ac. Section 261.72 to section 256.204.
ad. Section 261.73 to section 256.205.
ae. Section 261.81 to section 256.206.
af. Section 261.83 to section 256.207.
ag. Section 261.84 to section 256.208.
ah. Section 261.85 to section 256.209.
ai. Section 261.86 to section 256.210.
aj. Section 261.86A to section 256.211.
ak. Section 261.87 to section 256.212.
al. Section 261.101 to section 256.213.
am. Section 261.102 to section 256.214.
an. Section 261.103 to section 256.215.
ao. Section 261.104 to section 256.216.
ap. Section 261.105 to section 256.217.
aq. Section 261.110 to section 256.218.
ar. Section 261.111 to section 256.219.
as. Section 261.112 to section 256.220.
at. Section 261.113 to section 256.221.
au. Section 261.114 to section 256.222.
av. Section 261.115 to section 256.223.
aw. Section 261.116 to section 256.224.
ax. Section 261.117 to section 256.225.
ay. Section 261.120 to section 256.226.
az. Section 261.130 to section 256.227.
ba. Section 261.131 to section 256.228.
bb. Section 261.132 to section 256.229.
-1435- 2. The Code editor shall correct internal references in the
Code and in any enacted legislation as necessary due to the
enactment of this section.
3. a. The Code editor may designate sections 256.176
through 256.229, as enacted in this division of this Act, as
new part 4 entitled “College Student Aid Commission” within the
subchapter entitled “Higher education division” as enacted by
another division of this Act.
b. The Code editor shall designate sections 256.176 through
256.229 into the following subparts:
(1) Sections 256.176 through 256.182 shall be designated as
subpart A and entitled “General Provisions”.
(2) Sections 256.183 through 256.194 shall be designated as
subpart B and entitled “Tuition Grants to Students”.
(3) Sections 256.195 through 256.201 shall be designated as
subpart C and entitled “Iowa Guaranteed Loan Program”.
(4) Section 256.202 shall be designated as subpart D and
entitled “Iowa State Fair Scholarship”.
(5) Sections 256.203 through 256.205 shall be designated
as subpart E and entitled “Chiropractic Graduate Student
Forgivable Loan Program”.
(6) Sections 256.206 through 256.209 shall be designated as
subpart F and entitled “Work-Study Program”.
(7) Sections 256.210 through 256.211 shall be designated as
subpart G and entitled “National Guard Educational Assistance”.
(8) Section 256.212 shall be designated as subpart H and
entitled “All Iowa Opportunity Scholarships”.
(9) Sections 256.213 through 256.217 shall be designated as
subpart I and entitled “Minority Academic Grants for Economic
Success”.
(10) Sections 256.218 through 256.220 shall be designated
as subpart J and entitled “Teach Iowa Scholar Grants and
Teacher Shortage Forgivable Loan and Loan Forgiveness
Programs”.
(11) Sections 256.221 through 256.226 shall be designated
-1436-as subpart K and entitled “Other Loan Repayment and Forgiveness
Programs — Health Professions”.
(12) Sections 256.227 through 256.229 shall be designated
as subpart L and entitled “Skilled Workforce Shortage Tuition
Grant Program”.
Sec. 2642. TRANSITION PROVISIONS.
1. Any scholarship, loan, or grant awarded under a
program administered by the college student aid commission in
accordance with chapter 261 prior to the effective date of this
division of this Act is valid and shall continue as provided in
the terms of the scholarship, loan, or grant.
2. Federal funds utilized by the college student aid
commission prior to the effective date of this division of this
Act to employ personnel necessary for the administration of the
college student aid commission’s programs shall be applied to
and be available for the transfer of such personnel from the
college student aid commission to the higher education division
of the department of education.
Sec. 2643. APPLICABILITY. This division of this Act
applies to individuals appointed as the executive director of
the college student aid commission before, on, or after the
effective date of this division of this Act.
COMMUNITY COLLEGES BUREAU
Sec. 2644. Section 256.9, subsection 36, Code 2023, is
amended by striking the subsection.
Sec. 2645. Section 260C.2, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 01. “Bureau” means the community colleges
bureau of the higher education division of the department
established under section 260C.6.
NEW SUBSECTION. 001. “Bureau chief” means the bureau
chief of the community colleges bureau of the higher education
division of the department.
Sec. 2646. Section 260C.5, Code 2023, is amended to read as
follows:
-1437- 260C.5 Duties of director Community colleges bureau — duties
of bureau chief.
The director shall appoint the bureau chief, and the bureau
chief shall direct the work of the personnel as necessary to
carry out this chapter. The bureau chief shall do all of the
following:
1. Designate a community college as an “area career and
technical education school” within the meaning of, and for the
purpose of administering, the federal Carl D. Perkins Career
and Technical Education Improvement Act of 2006. A community
college shall not be so designated by the director for the
expenditure of funds under 20 U.S.C. §2301 et seq., as amended,
which has not been designated and classified as a community
college by the state board.
2. Change boundaries of director districts in a merged area
when the board fails to change boundaries as required by law.
3. Make changes in boundaries of merged areas with the
approval of the board of directors of each merged area affected
by the change. When the boundaries of a merged area are
changed, the director of the department of education may
authorize the board of directors of the merged area to levy
additional taxes upon the property within the merged area, or
any part of the merged area, and distribute the taxes so that
all parts of the merged area are paying their share toward the
support of the college.
4. Administer, allocate, and disburse federal or state
funds made available to pay a portion of the cost of acquiring
sites for and constructing, acquiring, or remodeling facilities
for community colleges, and establish priorities for the use
of such funds.
5. Administer, allocate, and disburse federal or state
funds available to pay a portion of the operating costs of
community colleges.
6. Propose administrative rules to carry out this chapter
subject to approval of the state board.
-1438- 7. Enter into contracts with local school boards within the
area that have and maintain a career and technical education
program and with private schools or colleges in the cooperative
or merged areas to provide courses or programs of study in
addition to or as a part of the curriculum made available in
the community college.
8. Make arrangements with boards of merged areas and local
school districts to permit students attending high school to
participate in career and technical education programs and
advanced college placement courses and obtain credit for such
participation for application toward the completion of a high
school diploma. The granting of credit is subject to the
approval of the director of the department of education.
9. Prescribe a uniform system of accounting for community
colleges.
10. Ensure that community colleges that provide
intercollegiate athletics as a part of their program comply
with section 216.9.
11. Develop an application and review process for approval
of administrative and program sharing agreements between two
or more community colleges or a community college and an
institution of higher education under the board of regents
entered into pursuant to section 260C.46.
Sec. 2647. Section 260C.6, Code 2023, is amended to read as
follows:
260C.6 Community colleges division in department bureau in
the higher education division.
A community colleges division bureau shall be established
within the higher education division of the department of
education. The division bureau shall exercise the powers and
perform the duties conferred by law upon the department with
respect to community colleges.
Sec. 2648. Section 260C.18, subsection 1, Code 2023, is
amended to read as follows:
1. Federal funds made available and administered by the
-1439-director of the department of education, for purposes provided
by federal laws, rules, and regulations.
Sec. 2649. Section 260C.46, Code 2023, is amended to read
as follows:
260C.46 Program and administrative sharing.
By September 1, 1990, the The department shall establish
guidelines and an approval process for program sharing
agreements and for administrative sharing agreements entered
into by two or more community colleges or by a community
college and a higher education institution under the control
of the board of regents. Guidelines established shall be
designed to increase student access to programs, enhance
educational program offerings throughout the state, and enhance
interinstitutional cooperation in program offerings.
DIVISION XV
COMMERCE
CONSUMER ADVOCATE
Sec. 2650. Section 475A.3, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. Office. The office of consumer advocate shall be a
separate division of the department of justice and located at
the same location as the utilities division of the department
of commerce board. Administrative support services may be
provided to the consumer advocate division by the department of
commerce utilities board.
3. Salaries, expenses, and appropriation. The salary of
the consumer advocate shall be fixed by the attorney general
within the salary range set by the general assembly. The
salaries of employees of the consumer advocate shall be at
rates of compensation consistent with current standards in
industry. The reimbursement of expenses for the employees and
the consumer advocate is as provided by law. The appropriation
for the office of consumer advocate shall be a separate line
item contained in the appropriation from the department of
commerce revolving fund created in section 546.12.
-1440- Sec. 2651. Section 475A.4, Code 2023, is amended to read as
follows:
475A.4 Utilities division board records.
The consumer advocate has free access to all the files,
records, and documents in the office of the utilities division
board except:
1. Personal information in confidential personnel records
of the utilities division board.
2. Records which represent and constitute the work product
of the general counsel of the utilities board, and records of
confidential communications between utilities board members and
their general counsel, where the records relate to a proceeding
before the board in which the consumer advocate is a party or
a proceeding in any state or federal court in which both the
board and the consumer advocate are parties.
3. Customer information of a confidential nature which
could jeopardize the customer’s competitive status and
is provided by the utility to the division board. Such
information shall be provided to the consumer advocate by the
division board, if the board determines it to be in the public
interest.
Sec. 2652. Section 475A.6, Code 2023, is amended to read as
follows:
475A.6 Certification of expenses to utilities division board.
1. a. The consumer advocate shall determine the advocate’s
expenses, including a reasonable allocation of general office
expenses, directly attributable to the performance of the
advocate’s duties involving specific persons subject to direct
assessment, and shall certify the expenses to the utilities
division board not less than quarterly. The expenses shall
then be includable in the expenses of the division board
subject to direct assessment under section 476.10.
b. The consumer advocate shall annually, within ninety
days after the close of each fiscal year, determine the
advocate’s expenses, including a reasonable allocation of
-1441-general office expenses, attributable to the performance of the
advocate’s duties generally, and shall certify the expenses
to the utilities division board. The expenses shall then be
includable in the expenses of the division board subject to
remainder assessment under section 476.10.
2. The consumer advocate is entitled to notice and
opportunity to be heard in any utilities board proceeding
on objection to an assessment for expenses certified by the
consumer advocate. Expenses assessed under this section shall
not exceed the amount appropriated for the consumer advocate
division of the department of justice.
3. The office of consumer advocate may expend additional
funds, including funds for outside consultants, if those
additional expenditures are actual expenses which exceed
the funds budgeted for the performance of the advocate’s
duties. Before the office expends or encumbers an amount in
excess of the funds budgeted, the director of the department
of management shall approve the expenditure or encumbrance.
Before approval is given, the director of the department of
management shall determine that the expenses exceed the funds
budgeted by the general assembly to the office of consumer
advocate and that the office does not have other funds from
which such expenses can be paid. Upon approval of the director
of the department of management, the office may expend and
encumber funds for excess expenses. The amounts necessary
to fund the excess expenses shall be collected from those
utilities or persons which caused the excess expenditures,
and the collections shall be treated as repayment receipts as
defined in section 8.2, subsection 8.
IOWA UTILITIES BOARD
Sec. 2653. Section 6A.21, subsection 2, Code 2023, is
amended to read as follows:
2. The limitation on the definition of public use,
public purpose, or public improvement does not apply to the
establishment, relocation, or improvement of a road pursuant
-1442-to chapter 306, or to the establishment of a railway under the
supervision of the department of transportation as provided in
section 327C.2, or to an airport as defined in section 328.1,
or to land acquired in order to replace or mitigate land used
in a road project when federal law requires replacement or
mitigation. This limitation also does not apply to utilities,
persons, companies, or corporations under the jurisdiction of
the Iowa utilities board in the department of commerce or to
any other utility conferred the right by statute to condemn
private property or to otherwise exercise the power of eminent
domain, except to the extent such purpose includes construction
of aboveground merchant lines.
Sec. 2654. Section 6B.42, subsection 2, paragraphs b and d,
Code 2023, are amended to read as follows:
b. A person aggrieved by a determination made by a utility
as to eligibility for relocation assistance, a payment, or
the amount of the payment, upon application, may have the
matter reviewed by the utilities division of the department of
commerce board.
d. A utility or railroad subject to this section that
proposes to displace a person shall inform the person of the
person’s right to receive relocation assistance and payments,
and of an aggrieved person’s right to appeal to the utilities
division of the department of commerce board or the state
department of transportation.
Sec. 2655. Section 6B.45, subsection 1, Code 2023, is
amended to read as follows:
1. When any real property or interest in real property
is to be purchased, or in lieu thereof to be condemned, the
acquiring agency or its agent shall submit to the person,
corporation, or entity whose property or interest in the
property is to be taken, by ordinary mail, at least ten days
prior to the date upon which the acquiring agency or its agent
contacts the property owner to commence negotiations, a copy
of the appraisal in its entirety upon such real property or
-1443-interest in such real property prepared for the acquiring
agency or its agent, which shall include, at a minimum, an
itemization of the appraised value of the real property or
interest in the property, any buildings on the property, all
other improvements including fences, severance damages, and
loss of access. In determining fair market value of property,
the acquiring agency shall not consider only the assessed value
assigned to such property for purposes of property taxation.
The appraisal sent to the condemnee shall be that appraisal
upon which the condemnor will rely to establish an amount
which the condemnor believes to be just compensation for the
real property. All other appraisals made on the property as a
result of the condemnation proceeding shall be made available
to the condemnee upon request. In lieu of an appraisal, a
utility or person under the jurisdiction of the utilities board
of the department of commerce, or any other utility conferred
the right by statute to condemn private property, shall provide
in writing by certified mail to the owner of record thirty
days prior to negotiations, the methods and factors used in
arriving at an offered price for voluntary easements including
the range of cash amount of each component. An acquiring
agency may obtain a signed written waiver from the landowner to
allow negotiations to commence prior to the expiration of the
applicable waiting period for the commencement of negotiations.
Sec. 2656. Section 6B.54, subsections 2 and 3, Code 2023,
are amended to read as follows:
2. Real property shall be appraised as required by section
6B.45 before the initiation of negotiations, and the owner
or the owner’s designated representative shall be given
an opportunity to accompany at least one appraiser of the
acquiring agency during an inspection of the property, except
that an acquiring agency may prescribe a procedure to waive the
appraisal in cases involving the acquisition of property with
a low fair market value. In lieu of an appraisal, a utility
or person under the jurisdiction of the utilities board of the
-1444-department of commerce, or any other utility conferred the
right by statute to condemn private property, shall provide in
writing by certified mail to the owner of record thirty days
before negotiations, the methods and factors used in arriving
at an offered price for voluntary easements including the range
of cash amount of each component.
3. Before the initiation of negotiations for real property,
the acquiring agency shall establish an amount which it
believes to be just compensation for the real property, and
shall make a prompt offer to acquire the property for the full
amount established by the agency. In no event shall the amount
be less than the fair market value the acquiring agency has
established for the property or property interest pursuant
to the appraisal required in section 6B.45 or less than the
value determined under the acquiring agency’s waiver procedure
established pursuant to subsection 2. A purchase offer made
by an acquiring agency shall include provisions for payment to
the owner of expenses, including relocation expenses, expenses
listed in subsection 10, and other expenses required by law
to be paid by an acquiring agency to a condemnee. However,
in the alternative, the acquiring agency may make, and the
owner may accept, a purchase offer from the acquiring agency
that is an amount equal to one hundred thirty percent of the
appraisal amount plus payment to the owner of expenses listed
in subsection 10, once those expenses have been determined. If
the owner accepts such a purchase offer, the owner is barred
from claiming payment from the acquiring agency for any other
expenses allowed by law. In the case of a utility or person
under the jurisdiction of the utilities board of the department
of commerce, or any other utility conferred the right by
statute to condemn private property, the amount shall not be
less than the amount indicated by the methods and factors used
in arriving at an offered price for a voluntary easement. The
option to make an alternative purchase offer does not apply
when property is being acquired for street and highway projects
-1445-undertaken by the state, a county, or a city.
Sec. 2657. Section 8C.2, subsection 3, paragraph b, Code
2023, is amended to read as follows:
b. The utilities division of the department of commerce
board.
Sec. 2658. Section 12.10, Code 2023, is amended to read as
follows:
12.10 Deposits by state officers.
Except as otherwise provided, all elective and appointive
state officers, boards, commissions, and departments shall,
within ten days succeeding the collection, deposit with the
treasurer of state, or to the credit of the treasurer of state
in any depository designated by the treasurer of state, ninety
percent of all fees, commissions, and moneys collected or
received. The balance actually collected in cash, remaining
in the hands of any officer, board, or department shall not
exceed the sum of five thousand dollars and money collected
shall not be held more than thirty days. This section does not
apply to the state fair board, the state board of regents, the
utilities board of the department of commerce, the director of
the department of human services, the Iowa finance authority or
to the funds received by the state racing and gaming commission
under sections 99D.7 and 99D.14.
Sec. 2659. Section 15H.6, subsection 1, Code 2023, is
amended to read as follows:
1. The commission, in collaboration with the department of
natural resources, the department of workforce development,
and the utilities board of the department of commerce, shall
establish an Iowa green corps program. The commission shall
work with the collaborating agencies and nonprofit agencies
in developing a strategy for attracting additional financial
resources for the program from other sources which may include
but are not limited to utilities, private sector, and local,
state, and federal government funding sources. The financial
resources received shall be credited to the community programs
-1446-account created pursuant to section 15H.5.
Sec. 2660. Section 22.7, subsection 71, Code 2023, is
amended to read as follows:
71. Information and records related to cyber security
information or critical infrastructure, the disclosure of which
may expose or create vulnerability to critical infrastructure
systems, held by the utilities board of the department of
commerce or the department of homeland security and emergency
management for purposes relating to the safeguarding of
telecommunications, electric, water, sanitary sewage, storm
water drainage, energy, hazardous liquid, natural gas, or
other critical infrastructure systems. For purposes of this
subsection, “cyber security information” includes but is not
limited to information relating to cyber security defenses,
threats, attacks, or general attempts to attack cyber system
operations.
Sec. 2661. Section 313.4, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. The costs of serving freeway lighting for each utility
providing the service shall be determined by the utilities
division of the department of commerce board, and rates for
such service shall be no higher than necessary to recover these
costs. Funds received under the provisions of this subsection
shall be used solely for the operation and maintenance of a
freeway lighting system.
Sec. 2662. Section 320.4, subsection 1, Code 2023, is
amended to read as follows:
1. To lay gas mains in highways outside cities to local
municipal distributing plants or companies, but not to pipeline
companies. This section shall not apply to or include pipeline
companies required to obtain a license from the utilities
division of the department of commerce board.
Sec. 2663. Section 357A.19, Code 2023, is amended to read
as follows:
357A.19 Not exempt from other requirements.
-1447- This chapter does not exempt any district from the
requirements of any other statute, whether enacted prior to
or subsequent to July 1, 1970, under which the district is
required to obtain the permission or approval of, or to notify,
the department, the utilities division of the department
of commerce board, or any other agency of this state or of
any of its political subdivisions prior to proceeding with
construction, acquisition, operation, enlargement, extension,
or alteration of any works or facilities which the district is
authorized to undertake pursuant to this chapter.
Sec. 2664. Section 364.3, subsection 13, paragraph b,
subparagraph (2), Code 2023, is amended to read as follows:
(2) Paragraph “a” does not apply to an ordinance, motion,
resolution, or amendment relating to the rates, services, or
governance of a public utility providing gas service to the
public for compensation and subject to the jurisdiction of
the utilities board of the department of commerce pursuant to
section 476.1B.
Sec. 2665. Section 364.23, Code 2023, is amended to read as
follows:
364.23 Energy-efficient lighting required.
All city-owned exterior flood lighting, including but not
limited to street and security lighting but not including era
or period lighting which has a minimum efficiency rating of
fifty-eight lumens per watt and not including stadium or ball
park lighting, shall be replaced, when worn-out, exclusively
with high pressure sodium lighting or lighting with equivalent
or better energy efficiency as approved in rules adopted by the
utilities board within the utilities division of the department
of commerce. In lieu of the requirements established for
replacement lighting under this section, stadium or ball park
lighting shall be replaced, when worn-out, with the most
energy-efficient lighting available at the time of replacement
which may include metal halide, high-pressure sodium, or other
light sources which may be developed.
-1448- Sec. 2666. Section 384.84, subsection 3, paragraph a, Code
2023, is amended to read as follows:
a. A city utility or enterprise service to a property or
premises, including services of sewer systems, storm water
drainage systems, sewage treatment, solid waste collection,
water, solid waste disposal, or any of these services, may be
discontinued or disconnected if the account for the service
becomes delinquent. Gas or electric service provided by a city
utility or enterprise shall be discontinued or disconnected
only as provided by section 476.20, subsections 1 through
4, and discontinuance or disconnection of those services
is subject to rules adopted by the utilities board of the
department of commerce.
Sec. 2667. Section 422.93, Code 2023, is amended to read as
follows:
422.93 Public utility accounting method.
Nothing in this chapter shall be construed to require the
utilities board of the department of commerce to allow or
require the use of any particular method of accounting by
any public utility to compute its tax expense, depreciation
expense, or operating expense for purposes of establishing its
cost of service for rate-making purposes and for reflecting
operating results in its regulated books of account.
Sec. 2668. Section 474.1, Code 2023, is amended to read as
follows:
474.1 Creation of division and board — organization.
1. A utilities division board is created within the
department of commerce. The policymaking body for the division
is the utilities board which is created within the division.
The board is composed shall consist of three members appointed
by the governor and subject to confirmation by the senate, not
more than two of whom shall be from the same political party.
Each member appointed shall serve for six-year staggered terms
beginning and ending as provided by section 69.19. Vacancies
shall be filled for the unexpired portion of the term in the
-1449-same manner as full-term appointments are made.
2. a. Subject to confirmation by the senate, the governor
shall appoint a member as the chairperson of the board. The
chairperson shall be the administrator of the utilities
division board. The appointment as chairperson shall be for
a two-year term which begins and ends as provided in section
69.19.
b. The board shall appoint a chief operating officer to
manage the operations of the utilities division as directed
by the board. The board shall set the salary of the chief
operating officer within the limits of the pay plan for exempt
positions provided for in section 8A.413, subsection 3, unless
otherwise provided by the general assembly. The board may
employ additional personnel as it finds necessary.
3. The utilities board shall regulate and supervise public
utilities operating in the state. The board shall enforce and
implement chapters 476, 476A, 477C, 478, 479, 479A, and 479B
and shall perform other duties assigned to it by law.
3. 4. As used in this chapter and chapters 475A, 476,
476A, 477C, 478, 479, 479A, and 479B, “division” “board” and
“utilities division” “utilities board” mean the Iowa utilities
division of the department of commerce board.
Sec. 2669. Section 476.1, subsection 1, Code 2023, is
amended to read as follows:
1. The utilities board within the utilities division of the
department of commerce shall regulate the rates and services of
public utilities to the extent and in the manner hereinafter
provided.
Sec. 2670. Section 476.1, subsection 2, Code 2023, is
amended by striking the subsection.
Sec. 2671. Section 476.1A, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Assessment of fees for the support of the division
board and the office of consumer advocate, pursuant to section
476.10.
-1450- Sec. 2672. Section 476.1B, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. Assessment of fees for the support of the division board
and the office of consumer advocate, as set forth in section
476.10.
Sec. 2673. Section 476.3, subsection 2, Code 2023, is
amended to read as follows:
2. If, as a result of a review procedure conducted under
section 476.31, a review conducted under section 476.32, a
special audit, an investigation by division board staff, or
an investigation by the consumer advocate, a petition is
filed with the board by the consumer advocate, alleging that
a utility’s rates are excessive, the disputed amount shall be
specified in the petition. The public utility shall, within
the time prescribed by the board, file a bond or undertaking
approved by the board conditioned upon the refund in a manner
prescribed by the board of amounts collected after the date of
filing of the petition in excess of rates or charges finally
determined by the board to be lawful. If upon hearing the
board finds that the utility’s rates are unlawful, the board
shall order a refund, with interest, of amounts collected
after the date of filing of the petition that are determined
to be in excess of the amounts which would have been collected
under the rates finally approved. However, the board shall
not order a refund that is greater than the amount specified
in the petition, plus interest, and if the board fails to
render a decision within ten months following the date of
filing of the petition, the board shall not order a refund of
any excess amounts that are collected after the expiration of
that ten-month period and prior to the date the decision is
rendered.
Sec. 2674. Section 476.10, Code 2023, is amended to read as
follows:
476.10 Investigations — expense — appropriation.
1. a. In order to carry out the duties imposed upon
-1451-it by law, the board may, at its discretion, allocate and
charge directly the expenses attributable to its duties to
the person bringing a proceeding before the board, to persons
participating in matters before the board, or to persons
subject to inspection by the board. The board shall ascertain
the certified expenses incurred and directly chargeable by
the consumer advocate division of the department of justice
in the performance of its duties. The board and the consumer
advocate separately may decide not to charge expenses to
persons who, without expanding the scope of the proceeding
or matter, intervene in good faith in a board proceeding
initiated by a person subject to the board’s jurisdiction,
the consumer advocate, or the board on its own motion. For
assessments in any proceedings or matters before the board, the
board and the consumer advocate separately may consider the
financial resources of the person, the impact of assessment on
participation by intervenors, the nature of the proceeding or
matter, and the contribution of a person’s participation to the
public interest. The board may present a bill for expenses
under this subsection to the person, either at the conclusion
of a proceeding or matter, or from time to time during its
progress. Presentation of a bill for expenses under this
subsection constitutes notice of direct assessment and request
for payment in accordance with this section.
b. The board shall ascertain the total of the division’s
board’s expenses incurred during each fiscal year in the
performance of its duties under law. The board shall add to
the total of the division’s board’s expenses the certified
expenses of the consumer advocate as provided under section
475A.6. The board shall deduct all amounts charged directly
to any person from the total expenses of the board and the
consumer advocate. The board may assess the amount remaining
after the deduction to all persons providing service over which
the board has jurisdiction in proportion to the respective
gross operating revenues of such persons from intrastate
-1452-operations during the last calendar year over which the board
has jurisdiction. For purposes of determining gross operating
revenues under this section, the board shall not include gross
receipts received by a cooperative corporation or association
for wholesale transactions with members of the cooperative
corporation or association, provided that the members are
subject to assessment by the board based upon the members’
gross operating revenues, or provided that such a member is
an association whose members are subject to assessment by the
board based upon the members’ gross operating revenues. If
any portion of the remainder can be identified with a specific
type of utility service, the board shall assess those expenses
only to the entities providing that type of service over which
the board has jurisdiction. The board may make the remainder
assessments under this paragraph to some or all persons
providing service over which the board has jurisdiction, based
upon estimates of the expenditures for the fiscal year for
the utilities division board and the consumer advocate. Not
more than ninety days following the close of the fiscal year,
the utilities division board shall conform the amount of the
prior fiscal year’s assessments to the requirements of this
paragraph. For gas and electric public utilities exempted from
rate regulation pursuant to this chapter, and for providers
of telecommunications service required to register with the
board pursuant to section 476.95A that are exempted from rate
regulation pursuant to this chapter, the remainder assessments
under this paragraph shall be computed at one-half the rate
used in computing the assessment for other persons.
2. a. A person subject to a charge or assessment shall
pay the division board the amount charged or assessed against
the person within thirty days from the time the division board
provides notice to the person of the amount due, unless the
person files an objection in writing with the board setting out
the grounds upon which the person claims that such charge or
assessment is excessive, unreasonable, erroneous, unlawful, or
-1453-invalid. Upon receipt of an objection, the board shall set the
matter for hearing and issue its order in accordance with its
findings in the proceeding.
b. The order shall be subject to review in the manner
provided in this chapter. All amounts collected by the
division board pursuant to the provisions of this section
shall be deposited with the treasurer of state and credited to
the department of commerce revolving fund created in section
546.12. Such amounts shall be spent in accordance with the
provisions of chapter 8.
3. Whenever the board shall deem it necessary in order
to carry out the duties imposed upon it in connection with
rate regulation under section 476.6, investigations under
section 476.3, or review proceedings under section 476.31,
the board may employ additional temporary or permanent staff,
or may contract with persons who are not state employees for
engineering, accounting, or other professional services, or
both. The costs of these additional employees and contract
services shall be paid by the public utility whose rates
are being reviewed in the same manner as other expenses are
paid under this section. Beginning on July 1, 1991, there
is appropriated out of any funds in the state treasury not
otherwise appropriated, such sums as may be necessary to enable
the board to hire additional staff and contract for services
under this section. The board shall increase quarterly
assessments specified in subsection 1, paragraph “b”, by
amounts necessary to enable the board to hire additional staff
and contract for services under this section. The authority to
hire additional temporary or permanent staff that is granted to
the board by this section shall not be subject to limitation
by any administrative or executive order or decision that
restricts the number of state employees or the filling of
employee vacancies, and shall not be subject to limitation
by any law of this state that restricts the number of state
employees or the filling of employee vacancies unless that
-1454-law is made applicable to this section by express reference
to this section. Before the board expends or encumbers an
amount in excess of the funds budgeted for rate regulation and
before the board increases quarterly assessments pursuant to
this subsection, the director of the department of management
shall approve the expenditure or encumbrance. Before approval
is given, the director of the department of management shall
determine that the expenses exceed the funds budgeted by the
general assembly to the board for rate regulation and that
the board does not have other funds from which the expenses
can be paid. Upon approval of the director of the department
of management the board may expend and encumber funds for
the excess expenses, and increase quarterly assessments to
raise the additional funds. The board and the office of
consumer advocate may add additional personnel or contract
for additional assistance to review and evaluate energy
efficiency plans and the implementation of energy efficiency
programs including, but not limited to, professionally trained
engineers, accountants, attorneys, skilled examiners and
inspectors, and secretaries and clerks. The board and the
office of consumer advocate may also contract for additional
assistance in the evaluation and implementation of issues
relating to telecommunication competition. The board and the
office of the consumer advocate may expend additional sums
beyond those sums appropriated. However, the authority to add
additional personnel or contract for additional assistance
must first be approved by the department of management. The
additional sums for energy efficiency shall be provided to the
board and the office of the consumer advocate by the utilities
subject to the energy efficiency requirements in this chapter.
Telephone companies shall pay any additional sums needed for
assistance with telecommunication competition issues. The
assessments shall be in addition to and separate from the
quarterly assessment.
4. a. Fees paid to the utilities division board shall be
-1455-deposited in the department of commerce revolving fund created
in section 546.12. These funds shall be used for the payment,
upon appropriation by the general assembly, of the expenses of
the utilities division board and the consumer advocate division
of the department of justice.
b. The administrator and consumer advocate shall account
for receipts and disbursements according to the separate duties
imposed upon the utilities board and the consumer advocate
divisions division by the laws of this state and each separate
duty shall be fiscally self-sustaining.
c. All fees and other moneys collected under this section
and sections 478.4, 479.16, and 479A.9 shall be deposited into
the department of commerce revolving fund created in section
546.12 and expenses required to be paid under this section
shall be paid from funds appropriated for those purposes.
Sec. 2675. Section 476.48, subsections 2 and 6, Code 2023,
are amended to read as follows:
2. Program established.
a. The utilities division board shall establish and
administer a small wind innovation zone program to optimize
local, regional, and state benefits from wind energy and
to facilitate and expedite interconnection of small wind
energy systems with electric utilities throughout this state.
Pursuant to the program, the owner of a small wind energy
system located within a small wind innovation zone desiring
to interconnect with an electric utility shall benefit
from a streamlined application process, may utilize a model
interconnection agreement, and can qualify under a model
ordinance.
b. A political subdivision seeking to be designated a small
wind innovation zone shall apply to the division board upon a
form developed by the division board. The division board shall
approve an application which documents that the applicable
local government has adopted the model ordinance or is in the
process of amending an existing zoning ordinance to comply with
-1456-the model ordinance and that an electric utility operating
within the political subdivision has agreed to utilize the
model interconnection agreement to contract with the small wind
energy system owners who agree to its terms.
6. Reporting requirements. The division board shall prepare
a report summarizing the number of applications received from
political subdivisions seeking to be designated a small wind
innovation zone, the number of applications granted, the number
of small wind energy systems generating electricity within
each small wind innovation zone, and the amount of wind energy
produced, and shall submit the report to the members of the
general assembly by January 1 annually.
Sec. 2676. Section 476.51, subsection 5, Code 2023, is
amended to read as follows:
5. Civil penalties collected pursuant to this section from
utilities providing water, electric, or gas service shall
be forwarded by the chief operating officer of the board to
the treasurer of state to be credited to the general fund
of the state and to be used only for the low income home
energy assistance program and the weatherization assistance
program administered by the division of community action
agencies of the department of human rights. Civil penalties
collected pursuant to this section from utilities providing
telecommunications service shall be forwarded to the treasurer
of state to be credited to the department of commerce revolving
fund created in section 546.12 to be used only for consumer
education programs administered by the board. Penalties paid
by a rate-regulated public utility pursuant to this section
shall be excluded from the utility’s costs when determining
the utility’s revenue requirement, and shall not be included
either directly or indirectly in the utility’s rates or charges
to customers.
Sec. 2677. Section 476.63, Code 2023, is amended to read as
follows:
476.63 Energy efficiency programs.
-1457- The division board shall consult with the economic
development authority in the development and implementation of
public utility energy efficiency programs.
Sec. 2678. Section 476.87, subsection 3, Code 2023, is
amended to read as follows:
3. The board shall allocate the costs and expenses
reasonably attributable to certification and dispute resolution
in this section to persons identified as parties to such
proceeding who are engaged in or who seek to engage in
providing natural gas services or other persons identified as
participants in such proceeding. The funds received for the
costs and the expenses of certification and dispute resolution
shall be remitted to the treasurer of state for deposit in the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2679. Section 476.95B, subsection 2, Code 2023, is
amended to read as follows:
2. In proceedings under 47 U.S.C. §251–254, the board
shall allocate the costs and expenses of the proceedings to
persons identified as parties in the proceeding who are engaged
in or who seek to engage in providing telecommunications
service or other persons identified as participants in the
proceeding. The funds received for the costs and the expenses
shall be remitted to the treasurer of state for deposit in the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2680. Section 476.103, subsection 4, paragraph c, Code
2023, is amended to read as follows:
c. A civil penalty collected pursuant to this subsection
shall be forwarded by the chief operating officer of the board
to the treasurer of state to be credited to the department of
commerce revolving fund created in section 546.12 and to be
used only for consumer education programs administered by the
board.
Sec. 2681. Section 476A.1, subsection 2, Code 2023, is
-1458-amended to read as follows:
2. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2682. Section 476A.10, Code 2023, is amended to read
as follows:
476A.10 Costs of proceeding.
The applicant for a certificate, or an amendment to
certificate, shall pay all the costs and expenses incurred by
the division board in reaching a decision on the application
including the costs of examinations of the site, the hearing,
publishing of notice, division board staff salaries, the cost
of consultants employed by the division board, and other
expenses reasonably attributable to the proceeding.
Sec. 2683. Section 476A.14, subsection 1, Code 2023, is
amended to read as follows:
1. Any person who commences to construct a facility as
provided in this subchapter without having first obtained a
certificate, or who constructs, operates, or maintains any
facility other than in compliance with a certificate issued by
the board or a certificate amended pursuant to this subchapter,
or who causes any of these acts to occur, shall be liable
for a civil penalty of not more than ten thousand dollars
for each violation or for each day of continuing violation.
Civil penalties collected pursuant to this subsection shall be
forwarded by the clerk of court to the treasurer of state for
deposit in the department of commerce revolving fund created
in section 546.12.
Sec. 2684. Section 476B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2685. Section 476C.1, subsection 4, Code 2023, is
amended to read as follows:
4. “Board” means the utilities board within the utilities
division of the department of commerce.
-1459- Sec. 2686. Section 477A.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2687. Section 477C.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the department
of commerce created in section 474.1.
Sec. 2688. Section 478.1, subsection 1, Code 2023, is
amended to read as follows:
1. A person shall not construct, erect, maintain, or
operate a transmission line, wire, or cable that is capable
of operating at an electric voltage of sixty-nine kilovolts
or more along, over, or across any public highway or grounds
outside of cities for the transmission, distribution, or sale
of electric current without first procuring from the utilities
board within the utilities division of the department of
commerce a franchise granting authority as provided in this
chapter.
Sec. 2689. Section 478.4, Code 2023, is amended to read as
follows:
478.4 Franchise — hearing.
The utilities board shall consider the petition and any
objections filed to it in the manner provided. It shall
examine the proposed route or cause any engineer selected
by it to do so. If a hearing is held on the petition it may
hear testimony as may aid it in determining the propriety of
granting the franchise. It may grant the franchise in whole or
in part upon the terms, conditions, and restrictions, and with
the modifications as to location and route as may seem to it
just and proper. Before granting the franchise, the utilities
board shall make a finding that the proposed line or lines are
necessary to serve a public use and represents a reasonable
relationship to an overall plan of transmitting electricity in
the public interest. A franchise shall not become effective
-1460-until the petitioners shall pay, or file an agreement to pay,
all costs and expenses of the franchise proceeding, whether
or not objections are filed, including costs of inspections
or examinations of the route, hearing, salaries, publishing
of notice, and any other expenses reasonably attributable to
it. The funds received for the costs and the expenses of the
franchise proceeding shall be remitted to the treasurer of
state for deposit in the department of commerce revolving fund
created in section 546.12 as provided in section 476.10.
Sec. 2690. Section 478A.7, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding subsection 1, commencing January 1,
1990, a person may sell or offer for sale in this state a
decorative gas lamp manufactured after December 31, 1978,
if the utilities board within the utilities division of
the department of commerce determines, after notice and an
opportunity for interested persons to comment at an oral
presentation, that the sale or offer for sale of decorative gas
lamps does not violate the public interest.
Sec. 2691. Section 479.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2692. Section 479.16, Code 2023, is amended to read as
follows:
479.16 Receipt of funds.
All moneys received under this chapter shall be remitted
monthly to the treasurer of state and credited to the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2693. Section 479A.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2694. Section 479A.9, Code 2023, is amended to read as
-1461-follows:
479A.9 Deposit of funds.
Moneys received under this chapter shall be credited to the
department of commerce revolving fund created in section 546.12
as provided in section 476.10.
Sec. 2695. Section 479B.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Board” means the utilities board within the utilities
division of the department of commerce.
Sec. 2696. Section 479B.2, subsection 6, Code 2023, is
amended by striking the subsection.
Sec. 2697. Section 479B.12, Code 2023, is amended to read
as follows:
479B.12 Use of funds.
All moneys received under this chapter, other than civil
penalties collected pursuant to section 479B.21, shall be
remitted monthly to the treasurer of state and credited to
the department of commerce revolving fund created in section
546.12.
Sec. 2698. Section 657.1, subsection 2, Code 2023, is
amended to read as follows:
2. Notwithstanding subsection 1, in an action to abate
a nuisance against an electric utility, an electric utility
may assert a defense of comparative fault as set out in
section 668.3 if the electric utility demonstrates that in
the course of providing electric services to its customers it
has complied with engineering and safety standards as adopted
by the utilities board of the department of commerce, and if
the electric utility has secured all permits and approvals,
as required by state law and local ordinances, necessary to
perform activities alleged to constitute a nuisance.
Sec. 2699. Section 714D.2, subsection 9, Code 2023, is
amended to read as follows:
9. “Unfair practice” means the same as defined in section
714.16, subsection 1, and also means any failure of a
-1462-person to comply with the Telecommunications Act or with any
statute or rule enforced by the utilities board within the
utilities division of the department of commerce relating to a
telecommunications service selection or change.
Sec. 2700. Section 714D.6, subsection 2, Code 2023, is
amended to read as follows:
2. A cause of action under this section shall not apply
unless, prior to filing the action, the consumer has submitted
a complaint to the utilities board within the utilities
division of the department of commerce, the utilities board has
failed to resolve the complaint to the consumer’s satisfaction
within one hundred twenty days of the date the complaint was
submitted, and the consumer dismisses the complaint before the
utilities board. The requirement that a consumer complaint be
submitted to the utilities board and resolved by the utilities
board to the consumer’s satisfaction within one hundred twenty
days of filing before the consumer may file an action pursuant
to this section shall not apply to an action by the attorney
general to recover moneys for the consumer pursuant to section
714D.7 or any other law. A finding by the utilities board
that a respondent has complied with rules governing carrier
selection procedures adopted by the utilities board shall be
an affirmative defense to any claim brought under this section
or section 476.103 or 714D.7 that an unauthorized change in
service has occurred.
Sec. 2701. Section 714D.7, subsection 4, Code 2023, is
amended to read as follows:
4. The attorney general shall not file a civil enforcement
action under this chapter or under section 714.16 against a
person for an act which is the subject of an administrative
proceeding to impose a civil penalty which has been initiated
against the person by the utilities board within the utilities
division of the department of commerce. This subsection shall
not be construed to limit the authority of the attorney general
to file a civil enforcement or other enforcement action against
-1463-a person for violating a prior agreement entered into by the
person with the attorney general or a court order obtained
by the attorney general against the person. This subsection
shall not be construed to limit the authority of the attorney
general to file a civil enforcement or other enforcement action
against the person for acts which are not the subject of an
administrative proceeding which has been initiated against the
person by the utilities board.
Sec. 2702. REPEAL. Section 546.7, Code 2023, is repealed.
DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES
Sec. 2703. Section 7E.5, subsection 1, paragraph f, Code
2023, is amended to read as follows:
f. The department of commerce insurance and financial
services, created in section 546.2, which has primary
responsibility for business and professional regulatory,
service, and licensing insurance and financial services
functions.
Sec. 2704. Section 7E.5, subsection 2, paragraph a, Code
2023, is amended to read as follows:
a. There is a civil rights commission, a public employment
relations board, an interstate cooperation commission, an Iowa
ethics and campaign disclosure board, an Iowa utilities board,
and an Iowa law enforcement academy.
Sec. 2705. Section 8A.412, subsections 18 and 19, Code 2023,
are amended to read as follows:
18. The administrator and the deputy administrator
superintendent and deputy superintendent of the credit union
division of the department of commerce insurance and financial
services, all members of the credit union review board, and all
employees of the credit union division.
19. The superintendent of the banking division of the
department of commerce insurance and financial services, all
members of the state banking council, and all employees of
the banking division except for employees of the professional
licensing and regulation bureau of the division.
-1464- Sec. 2706. Section 8A.438, subsection 1, Code 2023, is
amended to read as follows:
1. The director may establish a tax-sheltered investment
program for eligible employees. The director may arrange for
the provision of investment vehicles authorized under section
403(b) of the Internal Revenue Code, as defined in section
422.3. The tax-sheltered investment program shall include
investment vehicles authorized under section 403(b) of the
Internal Revenue Code provided by any insurance company or
investment company that is recommended for inclusion in the
program by a person licensed as an insurance producer under
chapter 522B, or registered as a securities agent or investment
adviser representative under chapter 502, by the insurance
division of the department of commerce insurance and financial
services. The director shall require each insurance company
and investment company included in the program to utilize the
third party administrator selected by the department and a
common remitter, and shall limit the total number of insurance
companies and investment companies in the program to no more
than thirty. To be eligible for inclusion in the program, an
insurance company shall have filed with, and had the company’s
contract and forms approved by, the insurance division of the
department of commerce insurance and financial services, and
an investment company shall be registered with the federal
securities and exchange commission. The department may
offer the tax-sheltered investment program to eligible public
employers in the state of Iowa.
Sec. 2707. Section 8E.103, subsection 1, paragraph b, Code
2023, is amended to read as follows:
b. Each division within the department of commerce insurance
and financial services is considered an agency, and each bureau
within a division of the department of commerce insurance and
financial services is considered a division, as otherwise
provided in chapter 7E.
Sec. 2708. Section 8F.2, subsection 8, paragraph b,
-1465-subparagraph (3), Code 2023, is amended to read as follows:
(3) A contract concerning an entity that has contracted
with the state and is licensed and regulated by the insurance
division of the department of commerce insurance and financial
services.
Sec. 2709. Section 11.5B, subsection 1, Code 2023, is
amended to read as follows:
1. Department of commerce insurance and financial services.
Sec. 2710. Section 11.6, subsection 1, paragraph c,
subparagraph (6), Code 2023, is amended to read as follows:
(6) A joint investment trust organized pursuant to chapter
28E shall file the audit reports required by this chapter with
the administrator of the securities and regulated industries
bureau of the insurance division of the department of commerce
insurance and financial services within ten days of receipt
from the auditor. The auditor of a joint investment trust
shall provide written notice to the administrator of the time
of delivery of the reports to the joint investment trust.
Sec. 2711. Section 15E.17, subsection 4, Code 2023, is
amended to read as follows:
4. Subsections 2 and 3 do not apply to the following:
a. The utilities division of the department of commerce
board insofar as the information relates to public utilities.
b. The banking division of the department of commerce
insurance and financial services.
c. The credit union division of the department of commerce
insurance and financial services.
Sec. 2712. Section 16.45, subsection 5, Code 2023, is
amended to read as follows:
5. For purposes of this section, “financial institutions”
means the same as defined in section 12C.1, “lender” means a
lender as defined in section 537.1301 that is licensed by the
banking division of the department of commerce insurance and
financial services, and “manufactured home” or “manufactured
housing” means the same as the definition of manufactured home
-1466-in section 435.1.
Sec. 2713. Section 16.91, subsection 3, Code 2023, is
amended to read as follows:
3. With the approval of the authority board the division
and its board shall consult with the insurance division of
the department of commerce insurance and financial services
in developing a guaranty contract acceptable to the secondary
market and developing any other feature of the program with
which the insurance division may have special expertise.
Except as provided in this subsection, the Iowa title guaranty
program is not subject to the jurisdiction of or regulation by
the insurance division or the commissioner of insurance.
Sec. 2714. Section 20.4, subsections 10 and 11, Code 2023,
are amended to read as follows:
10. Persons employed by the credit union division of the
department of commerce insurance and financial services.
11. Persons employed by the banking division of the
department of commerce insurance and financial services.
Sec. 2715. Section 68B.2, subsection 23, Code 2023, is
amended to read as follows:
23. “Regulatory agency” means the department of agriculture
and land stewardship, department of workforce development,
department of commerce insurance and financial services,
Iowa department of public health, department of public
safety, department of education, state board of regents,
department of human services, department of revenue, department
of inspections and appeals, department of administrative
services, public employment relations board, state department
of transportation, civil rights commission, department of
public defense, department of homeland security and emergency
management, Iowa ethics and campaign disclosure board,
utilities board, and department of natural resources.
Sec. 2716. Section 85.70, subsection 2, paragraph f, Code
2023, is amended to read as follows:
f. Beginning on or before December 1, 2018, the department
-1467-of workforce development, in cooperation with the department of
education, the insurance division of the department of commerce
insurance and financial services, and all community colleges
that are participating in the new career vocational training
and education program, shall prepare an annual report for
submission to the general assembly that provides information
about the status of the program including but not limited to
the utilization of and participants in the program, program
completion rates, employment rates after completion of the
program and the types of employment obtained by the program
participants, and the effects of the program on workers’
compensation premium rates.
Sec. 2717. Section 87.11, subsection 2, Code 2023, is
amended to read as follows:
2. An employer seeking relief from the insurance
requirements of this chapter shall pay to the insurance
division of the department of commerce insurance and financial
services the following fees:
a. A fee of one hundred dollars, to be submitted annually
along with an application for relief.
b. A fee of one hundred dollars for issuance of the
certificate relieving the employer from the insurance
requirements of this chapter.
c. A fee of fifty dollars, to be submitted with each filing
required by the commissioner of insurance, including but not
limited to the annual and quarterly financial statements, and
material change statements.
Sec. 2718. Section 97B.49B, subsection 1, paragraph e,
subparagraph (13), Code 2023, is amended to read as follows:
(13) An employee of the insurance division of the department
of commerce insurance and financial services who as a condition
of employment is required to be certified by the Iowa law
enforcement academy and who is required to perform the duties
of a peace officer as provided in section 507E.8.
Sec. 2719. Section 100A.1, subsection 1, paragraph j, Code
-1468-2023, is amended to read as follows:
j. The fraud bureau within the insurance division of the
department of commerce insurance and financial services.
Sec. 2720. Section 256.35A, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. In addition, representatives of the department of
education, the division of vocational rehabilitation of the
department of education, the department of public health,
the department of human services, the Iowa developmental
disabilities council, the division of insurance of the
department of commerce insurance and financial services, and
the state board of regents shall serve as ex officio members
of the advisory council. Ex officio members shall work
together in a collaborative manner to serve as a resource to
the advisory council. The council may also form workgroups
as necessary to address specific issues within the technical
purview of individual members.
Sec. 2721. Section 502.102, subsection 27A, Code 2023, is
amended to read as follows:
27A. “Securities and regulated industries bureau” means the
securities and regulated industries bureau of the insurance
division of the department of commerce insurance and financial
services.
Sec. 2722. Section 502.321A, subsection 8, paragraph b,
subparagraph (3), Code 2023, is amended to read as follows:
(3) An offer in which the target company is an insurance
company or insurance holding company subject to regulation
by the commissioner of insurance, a financial institution
subject to regulation by the superintendent of banking or the
superintendent of savings and loan associations, or a public
utility subject to regulation by the utilities division of the
department of commerce board.
Sec. 2723. Section 502.601, subsection 1, Code 2023, is
amended to read as follows:
1. Administration. This chapter shall be administered by
-1469-the commissioner of insurance of this state. The administrator
shall appoint a deputy administrator who shall be exempt from
the merit system provisions of chapter 8A, subchapter IV. The
deputy administrator is the principal operations officer of the
securities and regulated industries bureau of the insurance
division of the department of commerce insurance and financial
services. The deputy administrator is responsible to the
administrator for the routine administration of this chapter
and the management of the securities and regulated industries
bureau. In the absence of the administrator, whether because
of vacancy in the office, by reason of absence, physical
disability, or other cause, the deputy administrator shall be
the acting administrator and shall, for that period, have and
exercise the authority conferred upon the administrator. The
administrator may by order delegate to the deputy administrator
any or all of the functions assigned to the administrator
under this chapter. The administrator shall employ officers,
attorneys, accountants, and other employees as needed for the
administration of this chapter.
Sec. 2724. Section 502A.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Administrator” means the administrator of the securities
and regulated industries bureau of the insurance division of
the department of commerce insurance and financial services.
Sec. 2725. Section 502A.15, subsection 1, Code 2023, is
amended to read as follows:
1. This chapter shall be administered by the administrator
of the securities and regulated industries bureau of the
insurance division of the department of commerce insurance and
financial services.
Sec. 2726. Section 505.1, Code 2023, is amended to read as
follows:
505.1 Insurance division created.
An insurance division is created within the department
of commerce insurance and financial services to regulate and
-1470-supervise the conducting of the business of insurance in the
state. The commissioner of insurance is the chief executive
officer of the division. As used in this subtitle and chapter
502, “division” means the insurance division.
Sec. 2727. Section 505.2, Code 2023, is amended to read as
follows:
505.2 Appointment and term of commissioner.
1. The governor shall appoint subject to confirmation
by the senate, a commissioner of insurance, who shall be
selected solely with regard to qualifications and fitness to
discharge the duties of this position, devote the entire time
to such duties, and serve for four years beginning and ending
as provided by section 69.19. The governor may remove the
commissioner for malfeasance in office, or for any cause that
renders the commissioner ineligible, incapable, or unfit to
discharge the duties of the office.
2. A vacancy in the office of the commissioner shall be
filled for the unexpired portion of the regular term.
3. The commissioner of insurance shall also serve as the
director of the department of insurance and financial services
pursuant to section 546.2.
Sec. 2728. Section 505.5, Code 2023, is amended to read as
follows:
505.5 Expenses — salary.
The commissioner shall be entitled to reimbursement of
actual necessary expenses in attending meetings of insurance
commissioners of other states, and in the performance of the
duties of the office. The commissioner’s salary shall be as
fixed by the general assembly.
Sec. 2729. Section 505.7, subsections 1 and 3, Code 2023,
are amended to read as follows:
1. All fees and charges which are required by law to be
paid by insurance companies, associations, and other regulated
entities shall be payable to the commissioner of the insurance
division of the department of commerce insurance and financial
-1471-services or department of revenue, as provided by law, whose
duty it shall be to account for and pay over the same to the
treasurer of state at the time and in the manner provided by
law for deposit in the department of commerce revolving fund
created in section 546.12.
3. Forty percent of the nonexamination revenues payable
to the division of insurance or the department of revenue in
connection with the regulation of insurance companies or other
entities subject to the regulatory jurisdiction of the division
shall be deposited in the department of commerce revolving
fund created in section 546.12 and shall be subject to annual
appropriation to the division for its operations and is also
subject to expenditure under subsection 6. The remaining
nonexamination revenues payable to the division of insurance
or the department of revenue shall be deposited in the general
fund of the state.
Sec. 2730. Section 507.1, subsection 2, paragraph c, Code
2023, is amended to read as follows:
c. “Division” means the division of insurance of the
department of commerce insurance and financial services.
Sec. 2731. Section 507E.8, Code 2023, is amended to read as
follows:
507E.8 Law enforcement authority.
1. An individual employed by the division and designated as
a peace officer shall be considered a law enforcement officer
as that term is defined in section 80B.3, and shall exercise
the powers of a law enforcement officer as follows:
a. For purposes of an arrest resulting from a criminal
violation of any provision of the Code subject to the
jurisdiction of the commissioner established as a result of an
investigation pursuant to this chapter or chapter 502, 502A,
507A, 523A, 523C, 523D, or 523I.
b. While conducting an investigation or engaged in an
assignment authorized by this chapter or ordered by the
commissioner chapter 502, 502A, 507A, 523A, 523C, 523D, or
-1472-523I.
c. To protect life if a public offense is committed in the
presence of the peace officer.
d. While providing assistance to a law enforcement agency or
another law enforcement officer.
e. While providing assistance at the request of a member of
the public.
2. Laws applicable to an arrest of an individual by a law
enforcement officer of the state shall apply to an individual
employed by the division and designated as a peace officer. An
individual employed by the division and designated as a peace
officer shall have the power to execute arrest warrants and
search warrants, serve subpoenas issued for the examination,
investigation, and trial of all offenses identified through the
course of an investigation conducted pursuant to this section,
and arrest upon probable cause without warrant a person found
in the act of committing a violation of this chapter or a law
of this state.
Sec. 2732. Section 514H.2, subsection 2, Code 2023, is
amended to read as follows:
2. The insurance division of the department of commerce
insurance and financial services shall administer the program
in cooperation with the division responsible for medical
services within the department of human services. Each
agency shall take all necessary actions, including filing an
appropriate medical assistance state plan amendment to the
state Medicaid plan to take full advantage of the benefits and
features of the Deficit Reduction Act of 2005.
Sec. 2733. Section 514H.9, Code 2023, is amended to read as
follows:
514H.9 Rules.
The insurance division of the department of commerce
insurance and financial services in cooperation with the
department of human services shall adopt rules pursuant to
chapter 17A as necessary to administer this chapter.
-1473- Sec. 2734. Section 514I.2, subsection 9, paragraph a, Code
2023, is amended to read as follows:
a. An entity licensed by the division of insurance of the
department of commerce insurance and financial services to
provide health insurance in Iowa that has contracted with the
department to provide health insurance coverage to eligible
children under this chapter.
Sec. 2735. Section 515A.6, subsection 7, paragraph a, Code
2023, is amended to read as follows:
a. The commissioner shall provide notice of the filing of
the proposed rates at least thirty days before the effective
date of the proposed rates by publishing a notice on the
internet site of the insurance division of the department of
commerce insurance and financial services.
Sec. 2736. Section 521H.6, subsection 1, Code 2023, is
amended to read as follows:
1. Documents, materials, or other information, including
a corporate governance annual disclosure, in the possession
or control of the insurance division of the department of
commerce insurance and financial services, that is obtained
by, created by, or disclosed to the commissioner or to any
other person pursuant to this chapter, is recognized in this
state as being proprietary and containing trade secrets. All
such documents, materials, or other information, including the
disclosure, shall be confidential and privileged, shall not be
subject to chapter 22, shall be considered confidential under
chapter 507, shall not be subject to subpoena, and shall not be
subject to discovery or admissible in evidence in any private
civil action. However, the commissioner is authorized to use
such documents, materials, or other information, including
the disclosure, in the furtherance of any regulatory or legal
action brought as a part of the commissioner’s official duties.
The commissioner shall not otherwise make the documents,
materials, or other information, including the disclosure,
public without the prior written consent of the insurer or
-1474-insurance group that provided the documents, materials, or
other information, including the disclosure. Nothing in this
section shall be construed to require written consent of
the insurer or insurance group before the commissioner may
share or receive confidential documents, materials, or other
information related to governance of an insurer or insurance
group pursuant to subsection 3 to assist in the performance of
the commissioner’s regular duties.
Sec. 2737. Section 522.8, subsection 1, Code 2023, is
amended to read as follows:
1. Documents, materials, or other information, including
an own risk and solvency assessment summary report, in
the possession or control of the insurance division of the
department of commerce insurance and financial services, that
are obtained by, created by, or disclosed to the commissioner
or to any other person pursuant to this chapter, are recognized
in this state as being proprietary and containing trade
secrets. All such documents, materials, or other information,
including the summary report, shall be confidential and
privileged, shall not be subject to chapter 22, shall not be
subject to subpoena, and shall not be subject to discovery
or admissible in evidence in any private civil action.
However, the commissioner is authorized to use such documents,
materials, or other information, including the summary report,
in the furtherance of any regulatory or legal action brought as
a part of the commissioner’s official duties. The commissioner
shall not otherwise make the documents, materials, or other
information, including the summary report, public without
the prior written consent of the insurer that provided the
documents, materials, or other information, including the
summary report.
Sec. 2738. Section 523A.807, subsection 4, Code 2023, is
amended to read as follows:
4. The commissioner shall post on the internet site of the
division of insurance of the department of commerce insurance
-1475-and financial services a list of all persons licensed under
this chapter and an index of orders issued by the commissioner
pertaining to such persons.
Sec. 2739. Section 524.201, Code 2023, is amended to read
as follows:
524.201 Superintendent of banking.
1. The governor shall appoint, subject to confirmation by
the senate, a superintendent of banking. The appointee shall
be selected solely with regard to qualification and fitness
to discharge the duties of office, and a person shall not be
appointed who has not had at least five years’ experience as an
executive officer in a bank. The superintendent shall serve at
the pleasure of the governor.
2. The superintendent shall have an office at the seat
of government. The regular term of office shall be four
years beginning and ending as provided by section 69.19 The
superintendent shall receive a salary set by the governor
within a range established by the general assembly.
Sec. 2740. Section 524.206, Code 2023, is amended to read
as follows:
524.206 Banking division created.
The banking division is created within the department of
commerce insurance and financial services.
Sec. 2741. Section 524.207, subsections 1, 2, 5, and 6, Code
2023, are amended to read as follows:
1. Except as otherwise provided by statute, all expenses
required in the discharge of the duties and responsibilities
imposed upon the banking division of the department of commerce
insurance and financial services, the superintendent, and the
state banking council by the laws of this state shall be paid
from fees provided by the laws of this state and appropriated
by the general assembly from the department of commerce
revolving fund created in section 546.12. All of these
fees are payable to the superintendent. The superintendent
shall pay all the fees and other moneys received by the
-1476-superintendent to the treasurer of state within the time
required by section 12.10 and the fees and other moneys shall
be deposited into the department of commerce revolving fund
created in section 546.12.
2. All fees and assessments generated as the result of a
national bank or federal savings association converting to a
state bank on or after December 31, 2015, and thereafter, are
payable to the superintendent. The superintendent shall pay
all the fees and assessments received by the superintendent
pursuant to this subsection to the treasurer of state within
the time required by section 12.10 and the fees and assessments
shall be deposited into the department of commerce revolving
fund created in section 546.12. An amount equal to such fees
and assessments deposited into the department of commerce
revolving fund is appropriated from the department of commerce
revolving fund to the banking division of the department of
commerce insurance and financial services for the fiscal
year in which a national bank or federal savings association
converted to a state bank and an amount equal to such
annualized fees and assessments deposited into the department
of commerce revolving fund in succeeding years is appropriated
from the department of commerce revolving fund to the banking
division of the department of commerce insurance and financial
services for succeeding fiscal years for purposes related to
the discharge of the duties and responsibilities imposed upon
the banking division of the department of commerce insurance
and financial services, the superintendent, and the state
banking council by the laws of this state. This appropriation
shall be in addition to the appropriation of moneys otherwise
described in this section. If a state bank converts to a
national bank or federal savings association, any appropriation
made pursuant to this subsection for the following fiscal
year shall be reduced by the amount of the assessment paid by
the state bank during the fiscal year in which the state bank
converted to a national bank or federal savings association.
-1477- 5. All fees and moneys collected shall be deposited into the
department of commerce revolving fund created in section 546.12
and expenses required to be paid under this section shall be
paid from moneys in the department of commerce revolving fund
and appropriated for those purposes.
6. All moneys received by the superintendent pursuant to a
multi-state settlement with a provider of financial services
such as a mortgage lender, a mortgage servicer, or any other
person regulated by the banking division of the department of
commerce insurance and financial services shall be deposited
into the department of commerce revolving fund created in
section 546.12 and an amount equal to the amount deposited
into the fund is appropriated to the banking division of the
department of commerce insurance and financial services for the
fiscal year in which such moneys are received and in succeeding
fiscal years for the purpose of promoting financial-related
education and supporting those duties of the banking
division related to financial regulation that are limited to
nonrecurring expenses such as equipment purchases, training,
technology, and retirement payouts related to the oversight of
mortgage lending, state banks, and other financial services
regulated by the banking division. This appropriation shall be
in addition to the appropriation of moneys otherwise described
in this section. The superintendent shall submit a report to
the department of management and to the legislative services
agency detailing the expenditure of moneys appropriated to the
banking division pursuant to this subsection during each fiscal
year. The initial report shall be submitted on or before
September 15, 2016, and each September 15 thereafter. Moneys
appropriated pursuant to this subsection are not subject to
section 8.33 and shall not be transferred, used, obligated,
appropriated, or otherwise encumbered except as provided in
this subsection.
Sec. 2742. Section 527.2, subsection 2, Code 2023, is
amended to read as follows:
-1478- 2. “Administrator” means and includes the superintendent
of banking and the superintendent of credit unions within
the department of commerce insurance and financial services
and the supervisor of industrial loan companies within the
office of the superintendent of banking. However, the powers
of administration and enforcement of this chapter shall be
exercised only as provided in sections 527.3, 527.5, subsection
7, sections 527.11, 527.12, and any other pertinent provision
of this chapter.
Sec. 2743. Section 528.2, subsection 1, Code 2023, is
amended to read as follows:
1. “Administrator” means the superintendent of banking and
the superintendent of credit unions within the department of
commerce insurance and financial services.
Sec. 2744. Section 533.102, subsection 4, Code 2023, is
amended to read as follows:
4. “Credit union service organization” means a corporation,
limited partnership, or limited liability company organized
under state law to provide financial and financial-related
services for one or more credit unions, each of which owns part
of the capital stock of the credit union service organization,
as authorized under section 533.301, subsection 5, paragraph
“f”, and which corporation, limited partnership, or limited
liability company is subject to examination by the credit union
division of the Iowa department of commerce insurance and
financial services or a federal supervisory agency.
Sec. 2745. Section 533.103, Code 2023, is amended to read
as follows:
533.103 Credit union division created.
A credit union division of the department of commerce
insurance and financial services is created to administer this
chapter.
Sec. 2746. Section 533.104, Code 2023, is amended to read
as follows:
533.104 Superintendent of credit unions.
-1479- 1. A superintendent of credit unions shall be appointed by
the governor to serve at the pleasure of the governor, subject
to confirmation by the senate, to regulate credit unions.
a. The appointee shall be selected solely with regard to
qualification and fitness to discharge the duties of office.
b. The and the individual appointed shall have at least
five years’ experience as a director or executive officer of
a credit union, or comparable experience in the regulation or
examination of credit unions. For purposes of this paragraph
subsection, credit union membership does not qualify as credit
union experience.
2. The superintendent shall have an office at the seat
of government. The superintendent’s term of office shall be
four years beginning and ending as provided by section 69.19.
The governor may remove the superintendent for malfeasance
in office, or for any cause that renders the superintendent
ineligible, incapable, or unfit to discharge the duties of the
office.
3. The superintendent shall receive a salary set by the
governor within a range established by the general assembly.
4. A vacancy in the office of superintendent shall be filled
for the unexpired portion of the regular term.
5. 3. The superintendent may adopt rules as necessary or
appropriate to administer this chapter, subject to the prior
approval of the rules by the review board.
Sec. 2747. Section 533.111, subsections 1, 4, and 5, Code
2023, are amended to read as follows:
1. a. All expenses required in the discharge of the
duties and responsibilities imposed upon the credit union
division, the superintendent, and the review board by the laws
of this state shall be paid from fees provided by the laws
of this state and appropriated by the general assembly from
the department of commerce revolving fund created in section
546.12.
b. All fees imposed under this chapter are payable to
-1480-the superintendent, who shall pay all fees and other moneys
received to the treasurer of state within the time required by
section 12.10. The treasurer of state shall deposit such funds
in the department of commerce revolving fund created in section
546.12.
4. a. All fees and other moneys collected shall be
deposited into the department of commerce revolving fund
created in section 546.12 and expenses required to be paid
under this section shall be paid from moneys in the department
of commerce revolving fund and appropriated for those purposes.
b. Funds appropriated to the credit union division shall
be subject at all times to the warrant of the director
of the department of administrative services, drawn upon
written requisition of the superintendent or a designated
representative, for the payment of all salaries and other
expenses necessary to carry out the duties of the credit union
division.
5. The credit union division may accept reimbursement of
expenses related to the examination of a state credit union
from the national credit union administration or any other
guarantor or insurance plan authorized by this chapter. These
reimbursements shall be deposited into the department of
commerce revolving fund created in section 546.12.
Sec. 2748. Section 533A.10, subsection 1, Code 2023, is
amended to read as follows:
1. The superintendent may examine the condition and
affairs of a licensee. In connection with any examination,
the superintendent may examine on oath any licensee, and any
director, officer, employee, customer, creditor, or stockholder
of a licensee concerning the affairs and business of the
licensee. The superintendent shall ascertain whether the
licensee transacts its business in the manner prescribed by
the law and applicable rules. The licensee shall pay the cost
of the examination as determined by the superintendent based
on the actual cost of the operation of the finance bureau of
-1481-the banking division of the department of commerce insurance
and financial services, including the proportionate share of
the administrative expenses in the operation of the banking
division attributable to the finance bureau, as determined by
the superintendent, incurred in the discharge of duties imposed
upon the superintendent by this chapter. Failure to pay the
examination fee within thirty days of receipt of demand from
the superintendent shall subject the licensee to a late fee of
up to five percent per day of the amount of the examination fee
for each day the payment is delinquent.
Sec. 2749. Section 533A.14, Code 2023, is amended to read
as follows:
533A.14 Fees to state treasurer.
All moneys received by the superintendent from fees,
licenses, and examinations pursuant to this chapter shall be
deposited by the superintendent with the treasurer of state for
deposit in the department of commerce revolving fund created
in section 546.12.
Sec. 2750. Section 533C.902, subsection 1, Code 2023, is
amended to read as follows:
1. A financial services licensing fund is created as a
separate fund in the state treasury under the authority of the
banking division of the department of commerce insurance and
financial services. Moneys deposited in the fund shall be used
to pay for staffing necessary to perform examinations, audits,
and other duties required of the superintendent and the banking
division under this chapter.
Sec. 2751. Section 533D.11, subsection 3, Code 2023, is
amended to read as follows:
3. The superintendent shall determine the cost of the
examination or investigation based upon the actual cost of the
operation of the finance bureau of the banking division of
the department of commerce insurance and financial services,
including the proportionate share of administrative expenses
in the operation of the banking division attributable to the
-1482-finance bureau as determined by the superintendent, incurred
in the discharge of duties imposed upon the superintendent by
this chapter.
Sec. 2752. Section 535B.1, subsection 1, Code 2023, is
amended to read as follows:
1. “Administrator” means the superintendent of the division
of banking of the department of commerce insurance and
financial services.
Sec. 2753. Section 535B.10, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. The licensee shall pay the cost of the examination or
investigation as determined by the administrator based on
the actual cost of the operation of the finance bureau of
the banking division of the department of commerce insurance
and financial services, including the proportionate share
of administrative expenses in the operation of the banking
division attributable to the finance bureau as determined by
the administrator, incurred in the discharge of duties imposed
upon the administrator by this chapter.
Sec. 2754. Section 535C.11, unnumbered paragraph 1, Code
2023, is amended to read as follows:
This chapter does not apply to activities or arrangements
expressly approved or regulated by the department of commerce
insurance and financial services.
Sec. 2755. Section 535D.11, subsection 2, Code 2023, is
amended to read as follows:
2. The payment of application and renewal fees for licenses
through the nationwide mortgage licensing system and registry
and any additional fees as determined by the superintendent
based on the actual cost of the operation of the finance bureau
of the banking division of the department of commerce insurance
and financial services, including the proportionate share
of administrative expenses in the operation of the banking
division attributable to the finance bureau as determined by
the superintendent, incurred in the discharge of duties imposed
-1483-by this chapter.
Sec. 2756. Section 536.10, subsection 3, Code 2023, is
amended to read as follows:
3. A licensee subject to examination, supervision,
and regulation by the superintendent shall pay to the
superintendent an examination fee based on the actual cost
of the operation of the regulated loan bureau of the banking
division of the department of commerce insurance and financial
services and the proportionate share of administrative expenses
in the operation of the banking division attributable to the
regulated loan bureau as determined by the superintendent.
The fee shall apply equally to all licenses and shall not be
changed more frequently than annually. A fee change shall be
effective on January 1 of the year following the year in which
the change is approved.
Sec. 2757. Section 536A.2, subsection 9, Code 2023, is
amended to read as follows:
9. “Superintendent” means the superintendent of banking
within the banking division of the department of commerce
insurance and financial services.
Sec. 2758. Section 536A.15, subsection 4, Code 2023, is
amended to read as follows:
4. The licensee shall be charged and shall pay the actual
costs of the examination as determined by the superintendent
based on the actual cost of the operation of the finance bureau
of the banking division of the department of commerce insurance
and financial services including the proportionate share
of administrative expenses in the operation of the banking
division attributable to the finance bureau as determined by
the superintendent incurred in the discharge of the duties
imposed upon the superintendent by this chapter. Failure to
pay the examination fee within thirty days of receipt of demand
from the superintendent shall subject the licensee to a late
fee of five percent of the amount of the examination fee for
each day the payment is delinquent.
-1484- Sec. 2759. Section 537.2501, subsection 2, paragraph b,
subparagraph (3), unnumbered paragraph 1, Code 2023, is amended
to read as follows:
The premium rates have been affirmatively approved by the
insurance division of the department of commerce insurance and
financial services. In approving or establishing the rates,
the division shall review the insurance company’s actuarial
data to assure that the rates are fair and reasonable. The
insurance commissioner shall either hire or contract with a
qualified actuary to review the data. The insurance division
shall obtain reimbursement from the insurance company for the
cost of the actuarial review prior to approving the rates.
In addition, the rates shall be made in accordance with the
following provisions:
Sec. 2760. Section 546.1, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. “Department” means the department of commerce insurance
and financial services.
2. “Director” means the director of the department of
commerce insurance and financial services.
Sec. 2761. Section 546.2, subsections 1, 2, and 3, Code
2023, are amended to read as follows:
1. A department of commerce insurance and financial
services is created to coordinate and administer the various
regulatory, service, and licensing functions of the state
relating to the conducting of business or commerce in the
state.
2. The chief administrative officer of the department is the
director. The director shall be appointed by the governor from
among those individuals who serve as heads of the divisions
within the department the commissioner of insurance appointed
pursuant to section 505.2. A division head appointed to be the
The director shall fulfill the responsibilities and duties of
the director of the department in addition to the individual’s
director’s responsibilities and duties as the head of a the
-1485-insurance division. The director shall serve at the pleasure
of the governor. If the office of director becomes vacant,
the vacancy shall be filled in the same manner as the original
appointment was made.
3. The department is administratively organized into the
following divisions:
a. Banking.
b. Credit union.
c. Utilities.
d. c. Insurance.
e. Alcoholic beverages.
Sec. 2762. Section 546.12, Code 2023, is amended to read as
follows:
546.12 Department of insurance and financial services
commerce revolving fund.
1. A department of commerce revolving fund is created in
the state treasury. The fund shall consist of moneys collected
by the banking division; credit union division; utilities
division board, including moneys collected on behalf of the
office of consumer advocate established in section 475A.3;
and the insurance division of the department; and deposited
into an account for that division, board, or office within
the fund on a monthly basis. Except as otherwise provided
by statute, all costs for operating the office of consumer
advocate and the banking division, the credit union division,
the utilities division board, and the insurance division of the
department shall be paid from the division’s accounts within
the fund, subject to appropriation by the general assembly.
The insurance division shall administer the fund and all other
divisions shall work with the insurance division to make sure
the fund is properly accounted and reported to the department
of management and the department of administrative services.
The divisions shall provide quarterly reports to the department
of management and the legislative services agency on revenues
billed and collected and expenditures from the fund in a format
-1486-as determined by the department of management in consultation
with the legislative services agency.
2. To meet cash flow needs for the office of consumer
advocate and the banking division, credit union division,
utilities division board, or the insurance division of the
department, the administrative head of that division, board,
or office may temporarily use funds from the general fund of
the state to pay expenses in excess of moneys available in
the revolving fund for that division, board, or office if
those additional expenditures are fully reimbursable and the
division, board, or office reimburses the general fund of the
state and ensures all moneys are repaid in full by the close
of the fiscal year. Notwithstanding any provision to the
contrary, the divisions shall, to the fullest extent possible,
make an estimate of billings and make such billings as early as
possible in each fiscal year, so that the need for the use of
general fund moneys is minimized to the lowest extent possible.
Periodic billings shall be deemed sufficient to satisfy this
requirement. Because any general fund moneys used shall be
fully reimbursed, such temporary use of funds from the general
fund of the state shall not constitute an appropriation for
purposes of calculating the state general fund expenditure
limitation pursuant to section 8.54.
3. Section 8.33 does not apply to any moneys credited or
appropriated to the commerce revolving fund from any other
fund.
4. The establishment of the commerce revolving fund
pursuant to this section shall not be interpreted in any
manner to compromise or impact the accountability of, or limit
authority with respect to, an agency or entity under state
law. Any provision applicable to, or responsibility of, a
division, board, or office collecting moneys for deposit into
the fund established pursuant to this section shall not be
altered or impacted by the existence of the fund and shall
remain applicable to the same extent as if the division, board,
-1487- or office were receiving moneys pursuant to a general fund
appropriation. The divisions of the department of commerce
insurance and financial services shall comply with directions
by the governor to executive branch departments regarding
restrictions on out-of-state travel, hiring justifications,
association memberships, equipment purchases, consulting
contracts, and any other expenditure efficiencies that the
governor deems appropriate.
Sec. 2763. Section 714E.6, subsection 4, Code 2023, is
amended to read as follows:
4. Notwithstanding any other provision of this section,
an action shall not be brought on the basis of a violation of
this chapter, except by an owner against whom the violation was
committed or by the attorney general. This limitation does not
apply to administrative action by either the attorney general
or the superintendent of the banking division of the department
of commerce insurance and financial services.
Sec. 2764. Section 714F.8, subsection 3, paragraph b,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Make a payment to the foreclosed homeowner such that the
foreclosed homeowner has received consideration in an amount
of at least eighty-two percent of the fair market value of the
property, as the property was when the foreclosed homeowner
vacated the property, within ninety days of either the eviction
or voluntary relinquishment of possession of the property by
the foreclosed homeowner. The foreclosure purchaser shall make
a detailed accounting of the basis for the payment amount, or
a detailed accounting of the reasons for failure to make a
payment, including providing written documentation of expenses,
within this ninety-day period. The accounting shall be on a
form prescribed by the attorney general, in consultation with
the superintendent of the banking division of the department of
commerce insurance and financial services without being subject
to the rulemaking procedures of chapter 17A.
Sec. 2765. Section 714F.8, subsection 3, paragraph b,
-1488-subparagraph (2), subparagraph division (b), Code 2023, is
amended to read as follows:
(b) The time for determining the fair market value amount
shall be determined in the foreclosure reconveyance contract
as either at the time of the execution of the foreclosure
reconveyance contract or at resale. If the contract states
that the fair market value shall be determined at the time
of resale, the fair market value shall be the resale price
if it is sold within sixty days of the eviction or voluntary
relinquishment of the property by the foreclosed homeowner.
If the contract states that the fair market value shall
be determined at the time of resale, and the resale is not
completed within sixty days of the eviction or voluntary
relinquishment of the property by the foreclosed homeowner, the
fair market value shall be determined by an appraisal conducted
within one hundred eighty days of the eviction or voluntary
relinquishment of the property by the foreclosed homeowner
and payment, if required, shall be made to the foreclosed
homeowner, but the fair market value shall be recalculated as
the resale price on resale and an additional payment amount,
if appropriate, based on the resale price, shall be made to
the foreclosed homeowner within fifteen days of resale, and
a detailed accounting of the basis for the payment amount,
or a detailed accounting of the reasons for failure to make
additional payment, shall be made within fifteen days of
resale, including providing written documentation of expenses.
The accounting shall be on a form prescribed by the attorney
general, in consultation with the superintendent of the banking
division of the department of commerce insurance and financial
services, without being subject to the rulemaking procedures
of chapter 17A.
Sec. 2766. Section 714F.9, subsection 1, Code 2023, is
amended to read as follows:
1. Remedies. A violation of this chapter is an unlawful
practice pursuant to section 714.16, and all the remedies of
-1489-section 714.16 are available for such an action. A private
cause of action brought under this chapter by a foreclosed
homeowner is in the public interest. A foreclosed homeowner
may bring an action for a violation of this chapter. If
the court finds a violation of this chapter, the court shall
award to the foreclosed homeowner actual damages, appropriate
equitable relief, and the costs of the action, and shall
award reasonable fees to the foreclosed homeowner’s attorney.
Notwithstanding any other provision of this section, an action
shall not be brought on the basis of a violation of this
chapter except by a foreclosed homeowner against whom the
violation was committed or by the attorney general. This
limitation does not apply to administrative action by the
superintendent of the banking division of the department of
commerce insurance and financial services.
Sec. 2767. REPEAL. Section 524.202, Code 2023, is repealed.
DIVISION XVI
DEPARTMENT OF CORRECTIONS — JUDICIAL DISTRICT DEPARTMENTS OF
CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS
Sec. 2768. Section 7E.5, subsection 1, paragraph n, Code
2023, is amended to read as follows:
n. The department of corrections, created in section
904.102, which has primary responsibility for corrections
administration, corrections institutions, prison industries,
judicial district departments of correctional services and
the development, funding, and monitoring of community-based
corrections programs.
Sec. 2769. Section 8D.2, subsection 5, paragraph a, Code
2023, is amended to read as follows:
a. “Public agency” means a state agency, an institution
under the control of the board of regents, the judicial
branch as provided in section 8D.13, subsection 14, a school
corporation, a city library, a county library as provided in
chapter 336, or a judicial district department of correctional
services established in section 905.2, to the extent provided
-1490-in section 8D.13, subsection 12, an agency of the federal
government, or a United States post office which receives a
federal grant for pilot and demonstration projects.
Sec. 2770. Section 80D.1, subsection 1, Code 2023, is
amended to read as follows:
1. The governing body of a city, a county, the state
of Iowa, or a judicial district department of correctional
services the Iowa department of corrections may provide, either
separately or collectively through a chapter 28E agreement, for
the establishment of a force of reserve peace officers, and may
limit the size of the reserve force. In the case of the state,
the department of public safety shall act as the governing
body.
Sec. 2771. Section 80D.6, subsection 1, Code 2023, is
amended to read as follows:
1. Reserve peace officers shall serve as peace officers
on the orders and at the discretion of the chief of police,
sheriff, commissioner of public safety or the commissioner’s
designee, or director of the judicial district department of
correctional services Iowa department of corrections or the
director’s designee, as the case may be.
Sec. 2772. Section 80D.7, Code 2023, is amended to read as
follows:
80D.7 Carrying weapons.
A member of a reserve force shall not carry a weapon in
the line of duty until the member has been approved by the
governing body and certified by the Iowa law enforcement
academy council to carry weapons. After approval and
certification, a reserve peace officer may carry a weapon in
the line of duty only when authorized by the chief of police,
sheriff, commissioner of public safety or the commissioner’s
designee, or director of the judicial district department of
correctional services Iowa department of corrections or the
director’s designee, as the case may be.
Sec. 2773. Section 80D.9, Code 2023, is amended to read as
-1491-follows:
80D.9 Supervision of reserve peace officers.
1. Reserve peace officers shall be subordinate to regular
peace officers, shall not serve as peace officers unless
under the direction of regular peace officers, and shall
wear a uniform prescribed by the chief of police, sheriff,
commissioner of public safety, or director of the judicial
district department of correctional services Iowa department of
corrections unless that superior officer designates alternate
apparel for use when engaged in assignments involving special
investigation, civil process, court duties, jail duties, and
the handling of mental patients. The reserve peace officer
shall not wear an insignia of rank.
2. Each department for which a reserve force is established
shall appoint a certified peace officer as the reserve force
coordinating and supervising officer. A reserve peace
officer force established in a judicial district department of
correctional services by the Iowa department of corrections
must be directly supervised by a certified peace officer who is
on duty. That certified peace officer shall report directly
to the chief of police, sheriff, commissioner of public safety
or the commissioner’s designee, or director of the judicial
district department of correctional services Iowa department of
corrections or the director’s designee, as the case may be.
Sec. 2774. Section 80D.11, Code 2023, is amended to read as
follows:
80D.11 Employee — pay.
While performing official duties, each reserve peace officer
shall be considered an employee of the governing body which the
officer represents and shall be paid a minimum of one dollar
per year. The governing body of a city, a county, the state,
or a judicial district department of correctional services the
Iowa department of corrections may provide additional monetary
assistance for the purchase and maintenance of uniforms and
equipment used by reserve peace officers.
-1492- Sec. 2775. Section 97B.49B, subsection 1, paragraph e,
subparagraph (14), Code 2023, is amended to read as follows:
(14) An employee of a judicial district the Iowa department
of correctional services corrections whose condition of
employment requires the employee to be certified by the Iowa
law enforcement academy and who is required to perform the
duties of a parole officer as provided in section 906.2.
Sec. 2776. Section 97B.49B, subsection 3, paragraph f, Code
2023, is amended by striking the paragraph.
Sec. 2777. Section 331.211, subsection 1, Code 2023, is
amended to read as follows:
1. The board, at its first meeting in each year, shall:
a. Organize by choosing choose one of its members as
chairperson who shall preside at all of its meetings during the
year. The board may also select a vice chairperson who shall
serve during the absence of the chairperson.
b. Choose one of its members to be a member of the board of
directors of the judicial district department of correctional
services as provided in section 905.3, subsection 1, paragraph
“a”, subparagraph (1).
Sec. 2778. Section 331.321, subsection 1, paragraph x, Code
2023, is amended by striking the paragraph.
Sec. 2779. Section 904.108, subsection 1, paragraph l, Code
2023, is amended to read as follows:
l. Adopt rules, policies, and procedures, subject to
the approval of the board, pertaining to community-based
correctional programs, and the supervision of parole and work
release.
Sec. 2780. NEW SECTION. 904.301A Appointment of directors.
The director shall appoint, subject to the approval of the
board, a director for each judicial district department of
correctional services established in section 905.2.
Sec. 2781. Section 905.1, Code 2023, is amended to read as
follows:
905.1 Definitions.
-1493- As used in this chapter, unless the context otherwise
requires:
1. “Administrative agent” means the county selected by the
district board to perform accounting, budgeting, personnel,
facilities management, insurance, payroll and other supportive
services on the behalf of the district board, or the district
department itself, if so designated by the district board.
2. 1. “Community-based correctional program” means
correctional programs and services, under the direction of a
director and the Iowa department of corrections, including
but not limited to an intermediate criminal sanctions program
in accordance with the corrections continuum in section
901B.1, designed to supervise and assist individuals who
are charged with or have been convicted of a felony, an
aggravated misdemeanor or a serious misdemeanor, or who
are on probation or parole in lieu of or as a result of a
sentence of incarceration imposed upon conviction of any
of these offenses, or who are contracted to the district
department for supervision and housing while on work release.
A community-based correctional program shall be designed by a
district department, under the direction and control of the
Iowa department of corrections, in a manner that provides
services in a manner free of disparities based upon an
individual’s race or ethnic origin.
3. 2. “Director” means the director of a judicial district
department of correctional services, appointed by the director
of the Iowa department of corrections, and employed by the Iowa
department of corrections.
4. 3. “District advisory board” means the advisory board
of directors of a judicial district department of correctional
services.
5. 4. “District department” means a judicial district
department of correctional services, under the direction and
control of the Iowa department of corrections, established as
required by section 905.2.
-1494- 6. “Project” means a locally functioning part of a
community-based correctional program, officed and operating in
a physical location separate from the offices of the district
department.
7. “Project advisory committee” means a committee of no more
than seven persons which shall act in an advisory capacity to
the director on matters pertaining to the planning, operation,
and other pertinent functions of each project in the judicial
district. The members of the project advisory committee for
each project shall be initially appointed by the director
from among the general public. Not more than one half of the
project advisory committee shall hold public office or public
employment during membership on the committee. A person who
holds public office as a county supervisor and serves on the
board of directors under section 905.3 shall not be a member of
a project advisory committee under this section. The terms of
the initial members of the project advisory committee shall be
staggered to permit the terms of just over half of the members
to expire in two years and those of the remaining members to
expire in one year. Subsequent appointments to the project
advisory committee shall be by vote of a majority of the whole
project advisory committee for two-year terms.
Sec. 2782. Section 905.2, Code 2023, is amended to read as
follows:
905.2 District departments established.
1. There is established in each judicial district in this
state a public agency to be known as the “........judicial
district department of correctional services.” Each district
department shall furnish or contract for those services
necessary to provide a community-based correctional program
which meets the needs of that judicial district requirements of
the Iowa department of corrections.
2. The district department is under the direction of a
board of directors the Iowa department of corrections, selected
as provided in section 905.3, and shall be administered by a
-1495-director employed by the board Iowa department of corrections.
A district department is a state agency for purposes of chapter
669.
3. All employees of a district department shall be employees
of the Iowa department of corrections.
Sec. 2783. Section 905.3, Code 2023, is amended to read as
follows:
905.3 Board of directors — executive committee District
advisory board — expenses reimbursed.
1. a. The board of directors of A district advisory board
is established for each district department, which shall serve
in an advisory capacity to a director without compensation, and
shall be composed as follows:
(1) One member shall be chosen appointed annually by a
director from and by the board of supervisors of each county
in the judicial district and shall be so designated annually
by the respective boards of supervisors at the organizational
meetings held under section 331.211.
(2) One member shall be chosen from each of the project
advisory committees within the judicial district, which person
shall be designated annually, no later than January 15, by and
from the project advisory committee. However, in lieu of the
designation of project advisory committee members as members of
the district board, the district board may The director shall
on or before December 31 appoint two citizen members to serve
on the district advisory board for the following calendar year.
(3) A number of members equal to the number of authorized
board members from project advisory committees or equal to the
number of citizen members shall be appointed by the chief judge
of the judicial district no later than January 15 of each year
on or before December 31 to serve on the district advisory
board for the following calendar year.
b. Within thirty days after the members of the district
board have been so designated for the year, the district
board shall organize by election of a chairperson, a vice
-1496-chairperson, and members of the executive committee as required
by subsection 2. The district advisory board shall meet at
least not more often than quarterly during the calendar year
but may meet more frequently upon the call of the chairperson
or upon a call signed by a majority, determined by weighted
vote computed as in subsection 4, of the members of the board.
2. Each district board shall have an executive committee
consisting of the chairperson and vice chairperson and at
least one but no more than five other members of the district
board. Either the chairperson or the vice chairperson shall
be a supervisor, and the remaining representation on the
executive committee shall be divided as equally as possible
among supervisor members, project advisory committee members
or citizen members, and judicially appointed members. The
executive committee may exercise all of the powers and
discharge all of the duties of the district board, as
prescribed by this chapter, except those specifically withheld
from the executive committee by action of the district board.
3. 2. The members of the district advisory board and of
the executive committee shall be reimbursed from funds of the
district department for travel and other expenses necessarily
incurred in attending meetings of those bodies, or while
otherwise engaged on business of the district department.
4. Each member of the district board shall have one vote
on the board. However, upon the request of any supervisory
member, the vote on any matter before the board shall be
taken by weighted vote. In each such case, the vote of the
supervisor representative of the least populous county in the
judicial district shall have a weight of one unit, and the vote
of each of the other supervisor members shall have a weight
which bears the same proportion to one unit as the population
of the county that supervisor member represents bears to the
population of the least populous county in the district. In
the event of weighted vote, the vote of each member appointed
from a project advisory committee or of each citizen member and
-1497-of each judicially appointed member shall have a weight of one
unit.
Sec. 2784. Section 905.4, Code 2023, is amended to read as
follows:
905.4 Duties of the district advisory board.
The district advisory board shall:
1. Adopt bylaws and rules for the conduct of its own
business and for the government of the district department’s
community-based correctional program.
2. Employ a director having the qualifications required by
section 905.6 to head the district department’s community-based
correctional program and, within a range established by the
Iowa department of corrections, fix the compensation of and
have control over the director and the district department’s
staff. For purposes of collective bargaining under chapter
20, employees of the district board who are not exempt from
chapter 20 are employees of the state, and the employees of all
of the district boards shall be included within one collective
bargaining unit.
3. Designate one of the counties in the judicial district
to serve as the district department’s administrative agent
to provide, in that capacity, all accounting, personnel,
facilities management and supportive services needed by the
district department, on terms mutually agreeable in regard
to advancement of funds to the county for the added expense
it incurs as a result of being so designated. However, the
district board may designate the district department itself as
the district department’s administrative agent, if the district
board determines that it would be more efficient and less
costly than designating a county as the administrative agent.
4. File with the board of supervisors of each county in the
district and with the Iowa department of corrections, within
ninety days after the close of each fiscal year, a report
covering the district board’s proceedings and a statement of
receipts and expenditures during the preceding fiscal year.
-1498- 5. 2. Arrange for, by contract or on such alternative
basis as may be mutually acceptable, and equip Advise the
director concerning suitable quarters at one or more sites in
the district as may be necessary for the district department’s
community-based correctional program, provided that the
board shall to the greatest extent feasible utilize existing
facilities and shall keep capital expenditures for acquisition,
renovation and repair of facilities to a minimum. The
district board shall not enter into lease-purchase agreements
for the purposes of constructing, renovating, expanding, or
otherwise improving a community-based correctional facility or
office unless express authorization has been granted by the
general assembly, and current funding is adequate to meet the
lease-purchase obligation.
6. Have authority to accept property by gift, devise,
bequest or otherwise and to sell or exchange any property
so accepted and apply the proceeds thereof, or the property
received in exchange therefor, to the purposes enumerated in
subsection 5.
7. 3. Recruit, and promote, accept and use local financial
support for the district department’s community-based
correctional program from private sources such as community
service funds, business, industrial and private foundations,
voluntary agencies and other lawful sources.
8. Accept and expend state and federal funds available
directly to the district department for all or any part of the
cost of its community-based correctional program.
9. Arrange, by contract or on an alternative basis mutually
acceptable, and with approval of the director of the Iowa
department of corrections or that director’s designee for
utilization of existing local treatment and service resources,
including but not limited to employment, job training,
general, special, or remedial education; psychiatric and
marriage counseling; and alcohol and drug abuse treatment and
counseling. It is the intent of this chapter that a district
-1499-board shall approve the development and maintenance of such
resources by its own staff only if the resources are otherwise
unavailable to the district department within reasonable
proximity to the community where these services are needed in
connection with the community-based correctional program.
10. Establish a project advisory committee to act in an
advisory capacity on matters pertaining to the planning,
operation, and other pertinent functions of each project in the
judicial district.
11. Have authority to establish a force of reserve peace
officers, either separately or collectively through a chapter
28E agreement, as provided in chapter 80D.
Sec. 2785. Section 905.6, Code 2023, is amended to read as
follows:
905.6 Duties of director.
The director employed by the district board under section
905.4, subsection 2, Iowa department of corrections shall be
qualified in the administration of correctional programs. The
director shall:
1. Perform the duties and have the responsibilities
delegated by the district board or specified by the Iowa
department of corrections pursuant to this chapter.
2. Manage the district department’s community-based
correctional program, in accordance with the policies of the
district board and the Iowa department of corrections.
3. Employ, with approval of the district board Iowa
department of corrections, and supervise the employees of the
district department, including reserve peace officers, if a
force of reserve peace officers has been established.
4. Prepare all budgets and fiscal documents, and certify
for payment all expenses and payrolls lawfully incurred by
the district department. The director may invest funds which
are not needed for current expenses, jointly with one or more
cities, city utilities, counties, or rural water districts
created under chapter 357A pursuant to a joint investment
-1500-agreement. All investment of funds shall be subject to
sections 12B.10 and 12B.10A and other applicable law.
5. Act as secretary to the district advisory board, prepare
its agenda and record its proceedings. The district shall
provide a copy of minutes from each meeting of the district
advisory board to the legislative services agency.
6. Develop and submit to the district board Iowa department
of corrections a plan for the establishment, implementation,
and operation of a community-based correctional program in that
judicial district, which program conforms to the guidelines
drawn up by the Iowa department of corrections under this
chapter and which conform to rules, policies, and procedures
pertaining to the supervision of parole and work release
adopted by the director of the Iowa department of corrections
concerning the community-based correctional program.
7. Negotiate and, upon approval by the district board
Iowa department of corrections, implement contracts or other
arrangements for utilization of local treatment and service
resources authorized by section 905.4, subsection 9 15.
8. Administer the batterers’ treatment program for domestic
abuse offenders required in section 708.2B.
9. Notify the board of parole, thirty days prior to release,
of the release from a residential facility operated by the
district department of a person serving a sentence under
section 902.12.
10. File with the director of the Iowa department of
corrections, within ninety days after the close of each
fiscal year, a report covering the district advisory board’s
proceedings and a statement of receipts and expenditures during
the preceding fiscal year.
11. Arrange for, upon approval of the Iowa department of
corrections, by contract or on such alternative basis as may
be mutually acceptable, and equip suitable quarters at one or
more sites in the district as may be necessary for the district
department’s community-based correctional program, provided
-1501-that the director shall to the greatest extent feasible utilize
existing facilities and shall keep capital expenditures for
acquisition, renovation, and repair of facilities to a minimum.
The director shall not enter into lease-purchase agreements
for the purposes of constructing, renovating, expanding, or
otherwise improving a community-based correctional facility or
office unless express authorization has been granted by the
general assembly, and current funding is adequate to meet the
lease-purchase obligation.
12. Have authority to accept property by gift, devise,
bequest, or otherwise, and to sell or exchange any property
so accepted and apply the proceeds thereof, or the property
received in exchange therefor, to the purposes enumerated in
subsection 11.
13. Recruit, promote, accept, and use local financial
support for the district department’s community-based
correctional program from private sources such as community
service funds, business, industrial and private foundations,
voluntary agencies, and other lawful sources.
14. Accept and expend state and federal funds available
directly to the district department for all or any part of the
cost of its community-based correctional program.
15. Arrange, by contract or on an alternative basis mutually
acceptable, and with approval of the director of the Iowa
department of corrections or that director’s designee for
utilization of existing local treatment and service resources,
including but not limited to employment, job training,
general, special, or remedial education; psychiatric and
marriage counseling; and substance use disorder treatment and
counseling.
16. Have authority to establish a force of reserve peace
officers, either separately or collectively through a chapter
28E agreement, as provided in chapter 80D.
Sec. 2786. Section 905.9, Code 2023, is amended to read as
follows:
-1502- 905.9 Report of review — sanction.
Upon completion of a review of a district community-based
correctional program, made under section 905.8, the Iowa
department of corrections shall submit its findings to the
district advisory board in writing. If the Iowa department
of corrections concludes that the district department’s
community-based correctional program fails to meet any of the
requirements of this chapter and of the guidelines adopted
under section 905.7, it shall also request in writing a
response to this finding from the district advisory board.
If a response is not received within sixty days after the
date of that request, or if the response is unsatisfactory,
the Iowa department of corrections may call a public hearing
on the matter. If after the hearing, the Iowa department
of corrections is not satisfied that the district’s
community-based correctional program will expeditiously be
brought into compliance with the requirements of this chapter
and of the guidelines adopted under section 905.7, it may
assume responsibility for administration of the district’s
community-based correctional program on an interim basis.
Sec. 2787. REPEAL. Section 905.5, Code 2023, is repealed.
Sec. 2788. TRANSITION PROVISIONS.
1. Any rule promulgated by a district board of a judicial
district department of correctional services as required to
administer and enforce the provisions of chapter 905 shall
continue in full force and effect until amended, repealed, or
supplemented by affirmative action of the Iowa department of
corrections.
2. Any contract entered into by a district board of a
judicial district department of correctional services relating
to the provisions of chapter 905 in effect on the effective
date of this Act shall continue in full force and effect
pending transfer of such contract to the Iowa department of
corrections.
3. Any moneys remaining in any account or fund under the
-1503-control of a district board of a judicial district department
of correctional services on the effective date of this division
of this Act and relating to the provisions of this division of
this Act shall be transferred to a comparable fund or account
under the control of the Iowa department of corrections.
Notwithstanding section 8.33, the moneys transferred in
accordance with this subsection shall not revert to the account
or fund from which appropriated or transferred.
Sec. 2789. TRANSITION — APPOINTMENT AND TERM OF DISTRICT
BOARD MEMBERS. This division of this Act shall not affect the
appointment or term of a member serving on a district board
of a judicial district department of correctional services
immediately prior to the effective date of this division of
this Act.
Sec. 2790. APPLICABILITY — VIOLATION OF CONDITIONS OF
PAROLE OR PROBATION.
1. This division of this Act shall not be construed to
affect a district department, probation officer, or parole
officer’s authority, having probable cause, to arrest a person
on probation or parole that is believed to have violated the
conditions of supervision, consistent with sections 907.2,
907.6, 908.1, and 908.11, and any administrative rules
promulgated thereunder.
2. This division of this Act shall not be construed to
affect a district department’s ability to establish probation
conditions that meet the approval of the chief judge of the
district, consistent with section 907.6 and any administrative
rules promulgated thereunder.
3. This division of this Act shall not be construed to
affect the authority of the board of parole to establish and
approve standard parole conditions.
DIVISION XVII
BOARD OF PAROLE
Sec. 2791. Section 904A.1, Code 2023, is amended to read as
follows:
-1504- 904A.1 Board of parole — organization.
1. The board of parole is created to consist of five
members. Each member, except the chairperson and the vice
chairperson, shall be compensated on a day-to-day basis shall
be appointed by the governor subject to confirmation by the
senate. Each member shall serve a term of four years beginning
and ending as provided by section 69.19, except for members
appointed to fill vacancies who shall serve for the balance
of the unexpired term. The terms shall be staggered. The
chairperson and vice chairperson All members of the board shall
be full-time, salaried members of the board. A majority of the
members of the board constitutes a quorum to transact business.
2. The governor shall appoint a member of the board as
the chairperson of the board, subject to confirmation by the
senate. The appointment as chairperson shall serve at the
pleasure of the governor.
Sec. 2792. Section 904A.6, Code 2023, is amended to read as
follows:
904A.6 Salaries and expenses.
Each member, except the chairperson and the vice
chairperson, of the board shall be paid per diem as determined
by the general assembly. The chairperson and vice chairperson
of the board shall be paid a salary as determined by the
general assembly. Each member of the board and all employees
are entitled to receive, in addition to their per diem or
salary, their necessary maintenance and travel expenses while
engaged in official business.
Sec. 2793. REPEAL. Sections 904A.2A and 904A.3, Code 2023,
are repealed.
Sec. 2794. TRANSITION — APPOINTMENT AND TERM OF BOARD OF
PAROLE MEMBERS. This division of this Act shall not affect the
appointment or term of a member serving on the board of parole
immediately prior to the effective date of this division of
this Act.
DIVISION XVIII
-1505-SALARIES OF APPOINTED STATE OFFICERS
Sec. 2795. APPOINTED STATE OFFICERS — SALARY RANGES.
1. Unless otherwise provided by law, the governor shall
establish a salary for nonelected persons appointed by the
governor within the executive branch of state government.
In establishing a salary for a person holding a position
enumerated in subsection 3 within the range provided, the
governor may consider, among other items, the experience of
the person in the position, changes in the duties of the
position, the incumbent’s performance of assigned duties,
and subordinates’ salaries. However, the attorney general
shall establish the salary of the consumer advocate, the
chief justice of the supreme court shall establish the salary
of the state court administrator, the ethics and campaign
disclosure board shall establish the salary of the executive
director, the Iowa public information board shall establish
the salary of the executive director, the board of regents
shall establish the salary of the executive director, and the
Iowa public broadcasting board shall establish the salary of
the administrator of the public broadcasting division of the
department of education, each within the salary range provided
in subsection 3.
2. A person whose salary is established pursuant to this
section and who is a full-time, year-round employee of the
state shall not receive any other remuneration from the state
or from any other source for the performance of that person’s
duties unless the additional remuneration is first approved by
the governor or authorized by law. However, this subsection
does not apply to reimbursement for necessary travel and
expenses incurred in the performance of duties or fringe
benefits normally provided to employees of the state.
3. a. The following annual salary ranges for appointed
state officers are effective for the positions specified in
this subsection for the fiscal year beginning July 1, 2023,
effective for the pay period beginning June 23, 2023, and
-1506-for subsequent fiscal years until otherwise provided by the
general assembly. The governor or other person designated
in subsection 1 shall determine the salary to be paid to the
person indicated at a rate within the applicable salary range
from moneys appropriated by the general assembly for that
purpose.
SALARY RANGE Minimum Maximum
(1) Range 4 $ 63,690 $ 97,460
(2) Range 5 $ 73,250 $112,070
(3) Range 6 $ 84,240 $128,890
(4) Range 7 $100,840 $154,300
b. The following are range 4 positions: chairperson and
members of the employment appeal board of the department of
inspections, appeals, and licensing, director of the Iowa state
civil rights commission, director of the department for the
blind, executive director of the ethics and campaign disclosure
board, executive director of the Iowa public information board,
and chairperson, vice chairperson, and members of the board of
parole.
c. The following are range 5 positions: state public
defender, labor commissioner, workers’ compensation
commissioner, director of the law enforcement academy, and
executive director of the public employment relations board.
d. The following are range 6 positions: superintendent of
banking, superintendent of credit unions, consumer advocate,
and chairperson and members of the utilities board.
e. The following are range 7 positions: administrator
of the public broadcasting division of the department of
education, executive director of the Iowa telecommunications
and technology commission, executive director of the state
board of regents, lottery administrator of the department of
revenue, and state court administrator.
Sec. 2796. Section 8A.102, subsection 2, Code 2023, is
amended to read as follows:
2. The person appointed as director shall be professionally
-1507-qualified by education and have no less than five years’
experience in the field of management, public or private sector
personnel administration including the application of merit
principles in employment, financial management, and policy
development and implementation. The appointment shall be made
without regard for political affiliation. The director shall
not be a member of any local, state, or national committee
of a political party, an officer or member of a committee in
any partisan political club or organization, or hold or be a
candidate for a paid elective public office. The director is
subject to the restrictions on political activity provided
in section 8A.416. The governor shall set the salary of the
director within pay grade nine.
Sec. 2797. Section 80.2, Code 2023, is amended to read as
follows:
80.2 Commissioner — appointment.
The chief executive officer of the department of public
safety is the commissioner of public safety. The governor
shall appoint, subject to confirmation by the senate, a
commissioner of public safety, who shall be a person of
high moral character, of good standing in the community in
which the commissioner lives, of recognized executive and
administrative capacity, and who shall not be selected on the
basis of political affiliation. The commissioner of public
safety shall devote full time to the duties of this office; the
commissioner shall not engage in any other trade, business, or
profession, nor engage in any partisan or political activity.
The commissioner shall serve at the pleasure of the governor,
at an annual salary as fixed by the general assembly.
Sec. 2798. Section 84A.1, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The governor shall set the salary of the director
within the applicable salary range established by the general
assembly.
Sec. 2799. Section 256.10, subsection 1, Code 2023, is
-1508-amended to read as follows:
1. The salary of the director shall be fixed by the governor
within a range established by the general assembly.
Sec. 2800. Section 307.11, subsection 2, Code 2023, is
amended to read as follows:
2. The director shall receive a salary as fixed by the
governor within a salary range set by the general assembly.
Sec. 2801. Section 455A.3, Code 2023, is amended to read as
follows:
455A.3 Director — qualifications.
The chief administrative officer of the department is
the director who shall be appointed by the governor, subject
to confirmation of the senate, and serve at the governor’s
pleasure. The governor shall make the appointment based on
the appointee’s training, experience, and capabilities. The
director shall be knowledgeable in the general field of natural
resource management and environmental protection. The salary
of the director shall be fixed by the governor within salary
guidelines or a range established by the general assembly.
Sec. 2802. EFFECTIVE DATE. This division of this Act takes
effect June 23, 2023.
DIVISION XIX
BOARDS AND COMMISSIONS
Sec. 2803. BOARDS AND COMMISSIONS REVIEW COMMITTEE —
REPORT.
1. A boards and commissions review committee shall be
established to study the efficiency and effectiveness of each
board, council, commission, committee, or other similar entity
of the state established by the Code. The committee shall
evaluate the extent to which the goals and objectives of those
entities are currently being met and make recommendations for
the continuation, elimination, consolidation, or reorganization
of those entities as needed.
2. The committee shall consist of six voting members and
four ex officio, nonvoting members.
-1509- a. The voting members of the committee shall be composed of
all of the following:
(1) One staff member of the governor’s office, appointed by
the governor.
(2) The administrative rules coordinator or the
coordinator’s designee.
(3) The director of the department of management or the
director’s designee.
(4) The director of the department of inspections, appeals,
and licensing or the director’s designee.
(5) One assistant attorney general, appointed by the
governor upon recommendation of the attorney general.
(6) One member of the public, appointed by the governor.
b. The ex officio, nonvoting members of the committee shall
be two state representatives, one appointed by the speaker of
the house of representatives and one by the minority leader
of the house of representatives, and two state senators, one
appointed by the majority leader of the senate and one by the
minority leader of the senate.
3. The office of the governor shall provide staffing for
the committee. The committee may seek the expertise and
services of individuals or entities outside of its membership
for research, advice, consultation, support, or other needs in
furtherance of its responsibilities.
4. The committee shall submit a report containing its
findings and recommendations to the governor and the general
assembly on or before September 30, 2023.
5. All departments, agencies, boards, councils,
commissions, committees, or other similar entity of the
state established by the Code shall cooperate fully with the
committee in its review process.
6. This section is repealed January 1, 2024.
DIVISION XX
MISCELLANEOUS PROVISIONS
Sec. 2804. IRRECONCILABLE AMENDMENTS. If an amendment
-1510-to a statute in this Act is irreconcilable with an amendment
made to the same statute that is contained in division I of
this Act that implements the transition of the department of
human services and the department of public health into the
department of health and human services as required in 2022
Iowa Acts, chapter 1131, section 51, the amendment to the
statute that is not contained in division I of this Act shall
prevail over and shall be codified instead of the amendment
to the same statute that is contained in division I of this
Act that implements the transition of the department of
human services and the department of public health into the
department of health and human services.
Sec. 2805. TRANSITION PROVISIONS.
1. Administrative rules.
a. Any rule, regulation, form, order, or directive
promulgated by any state agency mentioned in this Act,
including any agency abolished, merged, or altered in this Act,
and in effect on July 1, 2023, shall continue in full force and
effect until amended, repealed, or supplemented by affirmative
action of the appropriate state agency under the duties and
powers of state agencies as established in this Act and under
the procedure established in paragraph “b”, if applicable.
b. In regard to updating references and format in the
Iowa administrative code in order to correspond to the
restructuring of state government as established in this Act,
the administrative rules coordinator and the administrative
rules review committee, in consultation with the administrative
code editor, shall jointly develop a schedule for the necessary
updating of the Iowa administrative code.
2. Legal obligations.
a. Any license or permit issued by any state agency
mentioned in this Act, including any agency abolished, merged,
or altered in this Act, and in effect on July 1, 2023, shall
continue in full force and effect until expiration or renewal.
b. Any loan, grant, or item of value awarded, or contract
-1511-entered into, as of July 1, 2023, by any state agency mentioned
in this Act, including any agency abolished, merged, or altered
in this Act, shall continue in full force and effect pursuant
to the terms of the award of such loan, grant, item of value,
or contract.
3. Funds. Any funds in any account or fund that is
altered in this Act, or of a state agency abolished, merged,
or altered in this Act, shall be transferred to the comparable
fund or account or state agency as provided by this Act.
Notwithstanding section 8.33, moneys transferred in accordance
with this subsection shall not revert to the account or fund
from which appropriated or transferred.
4. Litigation. Any administrative hearing, cause of
action, or statute of limitation relating to a state agency
transferred to another state agency as provided by this Act
shall not be affected as a result of the transfer and such
cause or statute of limitation shall apply to the successor
state agency.
5. Boards and commissions. The holder of any position of
membership on any board, committee, commission, or council in
state government shall continue to hold such position until
the end of the member’s term of office, notwithstanding any
change in the name or organizational location of such board,
committee, commission, or council that is made by this Act.
6. Signs and insignia. Any replacement of signs, logos,
stationery, insignia, uniforms, and related items that is made
due to the effect of this Act should be done as part of the
normal replacement cycle for such items.
Sec. 2806. APPLICABILITY. The transition provisions in
this division of this Act, to the extent not inconsistent with
alternative provisions specifically provided by law or this
Act, shall apply to this Act.
-1512-______________________________
AMY SINCLAIRPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 514, Ninetieth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2023______________________________
KIM REYNOLDSGovernorec/jh/mb