Bill Text: IA HF2686 | 2023-2024 | 90th General Assembly | Enrolled


Bill Title: A bill for an act relating to the organization, structure, and functions of state and local governments, providing for salaries of certain state officers, making statutory corrections, resolving inconsistencies, removing ambiguities, and including effective date provisions. (Formerly HF 2550, HSB 664.) Effective date: 06/21/2024, 07/01/2024.

Spectrum: Committee Bill

Status: (Passed) 2024-05-17 - Signed by Governor. H.J. 940. [HF2686 Detail]

Download: Iowa-2023-HF2686-Enrolled.html
House File 2686 - Enrolled House File 2686 AN ACT RELATING TO THE ORGANIZATION, STRUCTURE, AND FUNCTIONS OF STATE AND LOCAL GOVERNMENTS, PROVIDING FOR SALARIES OF CERTAIN STATE OFFICERS, MAKING STATUTORY CORRECTIONS, RESOLVING INCONSISTENCIES, REMOVING AMBIGUITIES, AND INCLUDING EFFECTIVE DATE PROVISIONS. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: DIVISION I NATURAL RESOURCES Section 1. Section 233A.15, Code 2024, is amended to read as follows: 233A.15 Transfers Assignments to work in parks. 1. The director may assign children from the state training school deemed trustworthy, 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 assigned shall remain with the department. All programs shall have as their primary purpose and shall provide for inculcation
House File 2686, p. 2 or the activation of attitudes, skills, and habit patterns which will be conducive to the habilitation of the children involved. 2. The director may use state-owned mobile housing equipment and facilities in performing services at temporary locations in the areas described in subsection 1 . DIVISION II DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING Sec. 2. Section 10A.309, Code 2024, is amended to read as follows: 10A.309 Interest in affected business. It shall be unlawful for the The commissioner to shall not be financially interested in any business enterprise coming under or affected by this subchapter during the commissioner’s term of while in 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. 3. Section 10A.310, subsection 2, Code 2024, is amended to read as follows: 2. Subject to the approval of the director of the department of workforce development , the 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 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 by the executive council if approval is required by law. Sec. 4. Section 10A.504, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: The director shall appoint and supervise a full-time an executive director for each of the following boards: Sec. 5. Section 10A.507, subsection 2, Code 2024, is amended to read as follows:
House File 2686, p. 3 2. The fund shall consist of moneys and fees collected by the department for deposit in the fund and other moneys as provided by law . Sec. 6. Section 91C.4, Code 2024, is amended to read as follows: 91C.4 Fees. The director shall prescribe the fee for registration, which fee shall not exceed fifty dollars every per year. All fees collected under this chapter shall be deposited in the licensing and regulation fund created in section 10A.507. Sec. 7. Section 135C.9, subsection 1, paragraph b, Code 2024, is amended to read as follows: b. The facility has been inspected by the director , who may be a member of a municipal fire department, or the director’s designee 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 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 certificate or provisional certificate shall be signed by the director or the director’s designee who made the inspection. If the director or director’s designee 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 provision 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 director or director’s designee shall perform a follow-up inspection. Sec. 8. Section 147.80, Code 2024, is amended to read as follows: 147.80 Establishment of fees —— administrative costs. 1. Each board , following approval by the department, may , or at the direction of the department, shall by rule establish or revise fees for the following based on the costs of sustaining the board and the actual costs of the service :
House File 2686, p. 4 a. Examinations. b. Licensure, certification, or registration. c. Renewal of licensure, certification, or registration. d. Renewal of licensure, certification, or registration during the grace period. e. Reinstatement or reactivation of licensure, certification, or registration. f. Issuance of a certified statement that a person is licensed, registered, or has been issued a certificate to practice in this state. g. Issuance of a duplicate license, registration, or certificate, which shall be so designated on its face. A board may require satisfactory proof that the original license, registration, or certificate issued by the board has been lost or destroyed. h. Issuance of a renewal card. i. Verification of licensure, registration, or certification. j. Returned checks. k. Inspections. 2. Each board The department shall annually prepare estimates of projected revenues to be generated by the all fees received by the board collected as well as a projection of the fairly apportioned aggregate administrative costs and rental expenses attributable to the board all boards and the division of the department responsible for licensing related to such boards . Each board The department shall annually review and , if necessary, direct the boards to adjust its the schedule of fees to cover aggregate projected expenses and ensure fees imposed in this state are not greater than similar fees imposed by similar boards or agencies in other states . The department shall annually provide to each appropriate board a comparison of the amount of the board’s fees as compared to similar fees imposed by similar boards or agencies in other states. 3. a. The board of medicine, the board of pharmacy, the dental board, and the board of nursing shall retain individual an executive officers director pursuant to section 10A.504 , but to the extent possible shall share administrative, clerical, and investigative staff .
House File 2686, p. 5 b. An individual executive director may be appointed and serve as the executive director of one or more of the boards specified under paragraph “a” . Sec. 9. Section 152.2, Code 2024, is amended to read as follows: 152.2 Executive director. The board shall retain a full-time an executive director, who shall be appointed pursuant to section 10A.504 . The executive director shall be a registered nurse. The governor, with the approval of the executive council pursuant to section 8A.413, subsection 3 , under the pay plan for exempt positions in the executive branch of government, shall set the salary of the executive director. Sec. 10. Section 153.33B, unnumbered paragraph 1, Code 2024, is amended to read as follows: A full-time An executive director shall be appointed as provided under section 10A.504 . The executive director shall not be a member of the board. The duties of the executive director shall be the following: Sec. 11. Section 231B.4, Code 2024, 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 department. In the absence of local building codes, the facility shall comply with the state plumbing code established pursuant to section 135.11 105.4 and the state building code established pursuant to section 103A.7 and the rules adopted for the special classification by the department. The rules adopted for the special classification by the department regarding second floor occupancy shall take into consideration the mobility of the tenants. Sec. 12. Section 272C.1, subsection 6, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . ag. The real estate appraiser examining board, created pursuant to chapter 543D. Sec. 13. Section 272C.2, subsection 2, Code 2024, is amended
House File 2686, p. 6 by adding the following new paragraph: NEW PARAGRAPH . h. Allow a licensee to apply continuing education credit obtained in excess of the requirements for a renewal period to the continuing education requirements for the following renewal period in an amount not to exceed fifty percent of the continuing education credits required for a renewal period. A licensing board may adopt rules specifying types of continuing education credits earned in a renewal period that cannot be applied to the continuing education requirements for the following renewal period. Sec. 14. REPEAL. Section 91C.9, Code 2024, is repealed. Sec. 15. TRANSFER. Moneys remaining in the contractor registration revolving fund at the end of the fiscal year beginning July 1, 2023, shall be transferred to the licensing and regulation fund created in section 10A.507. DIVISION III DEPARTMENT OF TRANSPORTATION Sec. 16. Section 321.383, subsections 1 and 2, Code 2024, are amended to read as follows: 1. This chapter with respect to equipment on vehicles does not apply to implements of husbandry, road machinery, or bulk spreaders and other fertilizer and chemical equipment defined as special mobile equipment, except as made applicable in this section . However, the movement of implements of husbandry on a roadway is subject to safety rules adopted by the department of public safety . The safety rules shall prohibit the movement of any power unit towing more than one implement of husbandry, except implements of husbandry that are not self-propelled and are capable of being towed in tandem, from the manufacturer to the retail seller, from the retail seller to the farm purchaser, or from the manufacturer to the farm purchaser. 2. When operated on a highway in this state at a speed of thirty-five miles per hour or less, every farm tractor, or tractor with towed equipment, self-propelled implement of husbandry, road construction or maintenance vehicle, road grader, horse-drawn vehicle, or any other vehicle principally designed for use off the highway and any such tractor, implement, vehicle, or grader when manufactured for sale or sold at retail after December 31, 1971, shall be identified
House File 2686, p. 7 with a reflective device in accordance with the standards of the American society of agricultural engineers; however, this provision shall not apply to such vehicles when traveling in an escorted parade. If a person operating a vehicle drawn by a horse or mule objects to using a reflective device that complies with the standards of the American society of agricultural engineers for religious reasons, the vehicle may be identified by an alternative reflective device that is in compliance with rules adopted by the department of public safety . The reflective device or alternative reflective device shall be visible from the rear. A vehicle other than those specified in this section shall not display a reflective device or an alternative reflective device. On vehicles operating at speeds above thirty-five miles per hour, the reflective device or alternative reflective device shall be removed or hidden from view. Sec. 17. Section 307.12, subsection 1, paragraph f, Code 2024, is amended to read as follows: f. Present the department’s proposed budget to the commission prior to December March 31 of each immediately preceding the applicable fiscal year. Sec. 18. Section 307.12, subsection 1, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . 0l. Establish divisions within the department as necessary or desirable in addition to any departmental division required or established by law. Sec. 19. Section 307.12, subsection 2, Code 2024, is amended to read as follows: 2. If in the interest of the state, the director may allow a subsistence expense to an employee under the supervision of the department’s administrator responsible for highway programs and activities for continuous stay in one location while on duty away from established headquarters and place of domicile for a period not to exceed forty-five days; and allow automobile expenses in accordance with section 8A.363 , for moving an employee and the employee’s family from place of present domicile to new domicile, and actual transportation expense for moving of household goods. The household goods for which transportation expense is allowed shall not include pets
House File 2686, p. 8 or animals. Sec. 20. Section 307.21, subsection 1, Code 2024, is amended to read as follows: 1. The department’s administrator responsible for the operations and finances of the department shall: a. Provide for the proper maintenance and protection of the grounds, buildings, and equipment of the department, in cooperation with the department of administrative services. b. Establish, supervise, and maintain a system of centralized electronic data processing for the department, in cooperation with the department of administrative services management . c. Assist the director in preparing Prepare the departmental budget. d. Provide centralized purchasing services for the department, if authorized by the department of administrative services. The administrator department shall, when the price is reasonably competitive and the quality as intended, purchase soybean-based inks and plastic products with recycled content, including but not limited to plastic garbage can liners, and shall purchase these items in accordance with the schedule established in section 8A.315 . However, the administrator department need not purchase garbage can liners in accordance with the schedule if the liners are utilized by a facility approved by the environmental protection commission created under section 455A.6 , for purposes of recycling. For purposes of this section , “recycled content” means that the content of the product contains a minimum of thirty percent postconsumer material. e. Assist the director in employing Employ the professional, technical, clerical, and secretarial staff for the department and maintain employee records, in cooperation with the department of administrative services and provide personnel services, including but not limited to training, safety education, and employee counseling. f. Assist the director in coordinating Coordinate the responsibilities and duties of the various divisions within the department. g. Carry out all other general administrative duties for the
House File 2686, p. 9 department. h. Perform such other duties and responsibilities as may be assigned by the director. Sec. 21. Section 307.21, subsection 2, unnumbered paragraph 1, Code 2024, is amended to read as follows: When performing the duty of providing centralized purchasing services under subsection 1 , the administrator department shall do all of the following: Sec. 22. Section 307.21, subsection 4, Code 2024, is amended to read as follows: 4. The administrator department shall provide for the purchase of qualified renewable fuels to power internal combustion engines that are used to operate motor vehicles and for the purchase of motor vehicles operating using engines powered by qualified renewable fuels in the same manner required for the director of the department of administrative services pursuant to section 8A.368 . The department of transportation shall compile information regarding compliance with the provisions of this subsection in the same manner as the department of administrative services pursuant to section 8A.369 . The department of transportation shall cooperate with the department of administrative services in preparing the annual state fleet qualified renewable fuels compliance report regarding compliance with this subsection as provided in section 8A.369 . Sec. 23. Section 307.21, subsection 5, paragraph a, unnumbered paragraph 1, Code 2024, is amended to read as follows: Of all new passenger vehicles and light pickup trucks purchased by the administrator department , a minimum of ten percent of all such vehicles and trucks purchased shall be equipped with engines which utilize alternative methods of propulsion, including but not limited to any of the following: Sec. 24. Section 307.21, subsections 6 and 7, Code 2024, are amended to read as follows: 6. The administrator department shall, whenever technically feasible, purchase and use degradable loose foam packing material manufactured from grain starches or other renewable resources, unless the cost of the packing material is more than
House File 2686, p. 10 ten percent greater than the cost of packing material made from nonrenewable resources. For the purposes of this subsection , “packing material” means material, other than an exterior packing shell, that is used to stabilize, protect, cushion, or brace the contents of a package. 7. The administrator department may purchase items from the department of administrative services and may cooperate with the director of the department of administrative services by providing purchasing services for the department of administrative services. Sec. 25. Section 307.22, Code 2024, is amended to read as follows: 307.22 Planning and programming activities. 1. The department’s administrator responsible for transportation planning and infrastructure program development department shall: a. 1. Assist the director in planning Plan all modes of transportation in order to develop an integrated transportation system providing adequate transportation services for all citizens of the state. b. 2. Develop and maintain transportation statistical data for the department. c. 3. Assist the director in establishing, analyzing, and evaluating Establish, analyze, and evaluate alternative transportation policies for the state. d. 4. Coordinate planning duties and responsibilities with the planning functions carried on by other administrators among the divisions of the department. e. (1) 5. a. Annually report by July 1 of each year, for both secondary and farm-to-market systems, miles of earth, granular, and paved surface roads; the daily vehicle miles of travel; and lineal feet of bridge deck under the jurisdiction of each county’s secondary road department, as of the preceding January 1, taking into account roads whose jurisdiction has been transferred from the department to a county or from a county to the department during the previous year. The annual report shall include those roads transferred to a county pursuant to section 306.8A . (2) b. Miles of secondary and farm-to-market roads shall
House File 2686, p. 11 not include those miles of farm-to-market extensions within cities under five hundred population that are placed under county secondary road jurisdiction pursuant to section 306.4 . (3) c. The annual report of updated road and bridge data of both the secondary and farm-to-market roads shall be submitted to the Iowa county engineers association service bureau. f. 6. Advise and assist the director to study Study and develop highway transport economics to assure availability and productivity of highway transport services. g. Perform such other planning functions as may be assigned by the director. 2. The function of planning does not include the detailed design of highways or other modal transportation facilities, but is restricted to the needs of this state for multimodal transportation systems. Sec. 26. Section 307.23, subsection 1, paragraph b, Code 2024, is amended to read as follows: b. Provide all legal services for the department. Sec. 27. Section 307.24, unnumbered paragraph 1, Code 2024, is amended to read as follows: The department’s administrator department shall be responsible for highway programs and activities , shall plan, design, construct, and maintain the state primary highways , and shall administer chapters 306 through 306C , chapters 309 through 314 , chapters 316 through 318 , and chapter 320 and perform other duties as assigned by the director . The department shall: Sec. 28. Section 307.26, Code 2024, is amended to read as follows: 307.26 Administration of modal Modal programs and activities. The department’s administrator responsible for modal programs and activities department shall: 1. Advise and assist the director in the development of Develop aeronautics, including but not limited to the location of air terminals; accessibility of air terminals by other modes of public transportation; protective zoning provisions considering safety factors, noise, and air pollution; facilities for private and commercial aircraft; air freight facilities; and such other physical and technical aspects as
House File 2686, p. 12 may be necessary to meet present and future needs. 2. Advise and assist the director in the study of Study local and regional transportation of goods and people including intracity and intercity bus systems, dial-a-bus facilities, rural and urban bus and taxi systems, the collection of data from these systems, the study of the feasibility of increased government subsidy assistance and the allocation of such subsidies to each mass transportation system, the study of such other physical and technical aspects which may be necessary to meet present and future needs, and the application for, acceptance of, and expending of federal, state, or private funds for the improvement of mass transit. 3. Advise and assist the director in the development of Develop transportation systems and programs for improving passenger and freight services. 4. Advise and assist the director in developing Develop programs in anticipation of railroad abandonment, including: a. Development and evaluation of Developing and evaluating programs which will encourage improvement of rail freight and the upgrading of rail lines in order to improve freight service. b. Advising the director Determining when it may appear in the best interest of the state to assume the role of advocate in railroad abandonments and railroad rate schedules. 5. Develop and maintain a federal-state relationship of programs relating to railroad safety enforcement, track standards, rail equipment, operating rules, and transportation of hazardous materials. 6. Make surveys, plans, and estimates of cost for the elimination of danger at railroad crossings on highways and confer with local and railroad officials with reference to elimination of the danger. 7. Advise and assist the director in the conduct of Conduct research on railroad-highway grade crossings and encourage and develop a safety program in order to reduce injuries or fatalities including but not limited to the following: a. The establishment of Establishing standards for warning devices for particularly hazardous crossings or for classes of crossings on highways, which standards shall be designed
House File 2686, p. 13 to reduce injuries, fatalities, and property damage. Such standards shall regulate the use of warning devices and signs, which shall be in addition to the requirements of section 327G.2 . Implementation of such standards shall be the responsibility of the government agency or department or political subdivision having jurisdiction and control of the highway and such implementation shall be deemed adequate for the purposes of railroad grade crossing protection. The department, or the political subdivision having jurisdiction, may direct the installation of temporary protection while awaiting installation of permanent protection. A railroad crossing shall not be found to be particularly hazardous for any purpose unless the department has determined it to be particularly hazardous. b. The development and adoption of Developing and adopting classifications of crossings on public highways based upon their characteristics, conditions, and hazards, and standards for warning devices, signals, and signs of each crossing classification. The department shall recommend a schedule for implementation of the standards to the government agency, department, or political subdivision having jurisdiction of the highway and shall provide an annual report to the general assembly on the development and adoption of classifications and standards under this paragraph and their implementation, including information about financing installation of warning devices, signals, and signs. The department shall not be liable for the development or adoption of the classifications or standards. A government agency, department, or political subdivision shall not be liable for failure to implement the standards. A crossing warning or improvement installed or maintained pursuant to standards adopted by the department under this paragraph shall be deemed an adequate and appropriate warning for the crossing. 8. Advise and assist the director to assure Assure availability, efficiency, and productivity of freight and passenger services and to promote the coordination of service between all transportation modes. 9. Advise and assist the director with studies of Study regulatory changes deemed necessary to effectuate economical
House File 2686, p. 14 and efficient railroad service. 10. Advise and assist the director regarding Enter into agreements with railroad corporations for the restoration, conservation, or improvement of railroad as defined in section 327D.2, subsection 3 , on such terms, conditions, rates, rentals, or subsidy levels as may be in the best interest of the state. The commission may enter into contracts and agreements which are binding only to the extent that appropriations have been or may subsequently be made by the legislature to effectuate the purposes of this subsection . 11. Administer chapters 324A , 327C through 327H , 327J , 328 , 329 , and 330 . 12. Administer programs and activities in chapters 306D , 307C , 308A , and 315 . 13. Perform such other duties and responsibilities as may be assigned by the director. 14. 13. Promote river transportation and coordinate river programs with other transportation modes. 15. 14. Advise and assist the director in the development of Develop river transportation and port facilities in the state. Sec. 29. Section 307.27, unnumbered paragraph 1, Code 2024, is amended to read as follows: The department’s administrator department shall be responsible for the enforcement and regulation of motor carriers, registration of motor vehicles, and licensing of drivers , and shall: Sec. 30. Section 307.47, subsection 1, Code 2024, is amended to read as follows: 1. The highway materials and equipment revolving fund is created from moneys appropriated out of the primary road fund. From this fund shall be paid all costs for materials and supplies, inventoried stock supplies, maintenance and operational costs of equipment, and equipment replacements incurred in the operation of centralized purchasing under the supervision of the administrator responsible for highway programs and activities . Direct salaries and expenses properly chargeable to direct salaries shall be paid from the fund. For each month the administrator responsible for the operations
House File 2686, p. 15 and finances of the department shall render a statement to each highway unit for the actual cost of materials and supplies, operational and maintenance costs of equipment, and equipment depreciation used. The expense shall be paid by the administrator responsible for the operations and finances of the department in the same manner as other interdepartmental billings are paid. The sum paid shall be credited to the highway materials and equipment revolving fund. Sec. 31. Section 307.48, subsection 2, Code 2024, is amended to read as follows: 2. An employee under the supervision of the department’s administrator of highways who became an employee of the state department of transportation on July 1, 1974, retains all rights to longevity pay so long as the employee continues employment with the department. Sec. 32. Section 327D.192, Code 2024, is amended to read as follows: 327D.192 Spot checks for hazardous cargo. An employee under the supervision of the department’s administrator for rail and water designated by the director of the department may conduct spot inspections of vehicles subject to registration which are owned or operated by a railroad corporation to determine whether a vehicle is used to transport products or property which may be a safety hazard for the operator of the vehicle subject to registration or any other employee of the railroad corporation who is transported in the vehicle. Sec. 33. Section 327F.39, subsection 1, paragraph a, Code 2024, is amended to read as follows: a. “Administrator” means the department’s administrator for rail and water modal programs , or the administrator’s director’s designee. DIVISION IV DEPARTMENT OF EDUCATION Sec. 34. Section 256.9, unnumbered paragraph 1, Code 2024, is amended to read as follows: Except for the higher education division; the bureaus, boards, and commissions within the higher education division; and the public broadcasting board and division, the director
House File 2686, p. 16 shall: Sec. 35. Section 256.9, subsections 3 and 4, Code 2024, are amended to read as follows: 3. Establish divisions of the department and assign subject matter duties to divisions of the department in a manner determined by the director as necessary or desirable in addition to divisions required by law , unless a provision of law requires a particular departmental unit or subject matter to be assigned to a specific division of the department . The organization of the department shall promote coordination of functions and services relating to administration, supervision, and improvement of instruction. The director may also reassign within the department the boards, commissions, bureaus, and duties specified in sections 256.111 and 256.121. 4. Employ personnel and assign duties and responsibilities of the department. The director shall appoint a deputy director and division administrators deemed necessary. They shall be appointed on the basis of their professional qualifications, experience in administration, and background. Members of the professional staff are not subject to the merit system provisions of chapter 8A, subchapter IV , and are subject to section 256.10 . Sec. 36. Section 256.10, Code 2024, is amended to read as follows: 256.10 Director salary —— employment of professional staff. 1. The salary of the director shall be fixed by the governor. 2. Appointments to the professional staff of the department shall be without reference to political party affiliation, religious affiliation, sex, or marital status, but shall be based solely upon fitness, ability, and proper qualifications for the particular position. The professional staff shall serve at the discretion of the director. A member of the professional staff shall not be dismissed for cause without appropriate due process procedures including a hearing. 3. The director may employ full-time professional salaried staff for less than twelve months each year, but such staff shall be employed by the director for at least nine months of each year. Salaries for full-time professional salaried staff
House File 2686, p. 17 employed as provided in this subsection shall be comparable to other professional salaried staff, adjusting for time worked. Salaries for professional salaried staff employed for periods of less than twelve months shall be paid during each month of the year in which they are employed on the same schedule as all other full-time permanent professional salaried staff. Such staff shall have their salaries paid over twelve months. The director shall provide for and the department shall pay for the employer share of health and dental insurance benefits for twelve months each year for the full-time professional staff employed as provided in this subsection , and the health and dental insurance benefits provided shall be comparable to the benefits provided to all other professional staff employed by the director . 4. The director may employ hourly staff for less than twelve months each year, but such staff shall be employed by the director for at least nine months of each year. Wages for staff employed as provided in this subsection shall be paid during the months the employee is scheduled to work on the same schedule as other employees of the state. The director shall provide for and the department shall pay for the employer share of health and dental insurance benefits for twelve months each year for hourly staff employed as provided in this subsection. Sec. 37. Section 256.103, Code 2024, is amended to read as follows: 256.103 Employees —— contracts —— termination and discharge procedures. Sections 279.12 through 279.19 279.19B and section 279.27 apply to employees of the Iowa educational services for the blind and visually impaired program and 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. 38. NEW SECTION . 256.103A Iowa educational services for the blind and visually impaired and Iowa school for the deaf —— leave. Salaried employees of the Iowa educational services for the blind and visually impaired program and employees of the Iowa
House File 2686, p. 18 school for the deaf who are employed on a school year basis for less than twelve months per year shall be exempt from the provisions of chapter 70A relating to vacation leave. In lieu of vacation leave, such employees shall accrue two personal leave days per school year and may carry over up to one unused personal day into a subsequent school year. Such employees shall not accrue more than three personal leave days at any one time. Such leave shall not be paid out to the employee upon separation from employment. Sec. 39. Section 256.111, subsection 1, Code 2024, is amended to read as follows: 1. The innovation division of the department of education is created. The chief administrative officer head 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. Sec. 40. Section 256.111, subsection 2, unnumbered paragraph 1, Code 2024, is amended to read as follows: The administrator shall do all of the following , subject to supervision of the director : Sec. 41. Section 256.111, subsection 2, paragraphs a and c, Code 2024, are amended to read as follows: a. Direct and organize the activities of the division, including the science, technology, engineering, and mathematics collaborative initiative created in subsection 3 . c. Perform other duties imposed by law or assigned by the director . Sec. 42. Section 256.121, subsection 1, Code 2024, is amended to read as follows: 1. The higher education division of the department of education is created. The chief administrative officer head of the division is the administrator who shall be appointed by the director. Sec. 43. Section 256.121, subsection 2, unnumbered paragraph 1, Code 2024, is amended to read as follows: The administrator shall do all of the following , subject to supervision of the director : Sec. 44. Section 256.121, subsection 2, paragraphs b, d, and e, Code 2024, are amended to read as follows:
House File 2686, p. 19 b. Direct and organize the activities of the division. d. Hire and control Supervise the personnel employed by the division. e. Perform other duties imposed by law or assigned by the director . DIVISION V DEPARTMENT OF CORRECTIONS Sec. 45. Section 8D.13, subsection 12, Code 2024, is amended to read as follows: 12. Access to the network shall be offered to the judicial district departments of correctional services established in section 905.2 904.104A , provided that such departments contribute an amount consistent with their share of use for the part of the system in which the departments participate, as determined by the commission. Sec. 46. Section 80D.1, subsection 1, Code 2024, is amended to read as follows: 1. The governing body of a city, a county, or the state of Iowa , or 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, unless the reserve peace officer is employed by the department of corrections, the department of public safety shall act as the governing body. If the reserve peace officer is employed by the department of corrections, the department of corrections shall act as the governing body. Sec. 47. Section 80D.11, Code 2024, 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, or the state , or the Iowa department of corrections may provide additional monetary assistance for the purchase and maintenance of uniforms and equipment used by reserve peace officers. Sec. 48. Section 125.93, Code 2024, is amended to read as follows:
House File 2686, p. 20 125.93 Commitment records —— confidentiality. Records of the identity, diagnosis, prognosis, or treatment of a person which are maintained in connection with the provision of substance 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. 49. Section 216A.136, subsection 8, Code 2024, is amended to read as follows: 8. Community-based correctional program records maintained under chapter 905 904 . Sec. 50. Section 321J.2, subsection 3, paragraph b, subparagraph (1), Code 2024, is amended to read as follows: (1) With the consent of the defendant, the court may defer judgment pursuant to section 907.3 and may place the defendant on probation upon conditions as it may require. Upon a showing that the defendant is not fulfilling the conditions of probation, the court may revoke probation and impose any sentence authorized by law. Before taking such action, the court shall give the defendant an opportunity to be heard on any matter relevant to the proposed action. Upon violation of the conditions of probation, the court may proceed as provided in chapter 908 . Upon fulfillment of the conditions of probation and the payment of fees imposed and not waived by the judicial district department of correctional services under section 905.14 904.912 , the defendant shall be discharged without entry of judgment. Sec. 51. Section 669.2, subsection 5, Code 2024, is amended to read as follows: 5. “State agency” includes all executive departments, agencies, boards, bureaus, and commissions of the state of
House File 2686, p. 21 Iowa, and corporations whose primary function is to act as, and while acting as, instrumentalities or agencies of the state of Iowa, whether or not authorized to sue and be sued in their own names. This definition does not include a contractor with the state of Iowa. Soil and water conservation districts as defined in section 161A.3, subsection 6 , and judicial district departments of correctional services as established in section 905.2 904.104A are state agencies for purposes of this chapter . Sec. 52. Section 708.2B, subsection 1, Code 2024, is amended to read as follows: 1. As used in this section , “district department” means a judicial district department of correctional services, established pursuant to section 905.2 904.104A . Sec. 53. Section 901A.2, subsection 8, Code 2024, is amended to read as follows: 8. In addition to any other sentence imposed on a person convicted of a sexually predatory offense pursuant to subsection 1, 2, or 3 , the person shall be sentenced to an additional term of parole or work release not to exceed two years. The board of parole shall determine whether the person should be released on parole or placed in a work release program. The sentence of parole supervision shall commence immediately upon the person’s release by the board of parole and shall be under the terms and conditions as set out in chapter 906 . Violations of parole or work release shall be subject to the procedures set out in chapter 905 904 or 908 or rules adopted under those chapters. For purposes of disposition of a parole violator upon revocation of parole or work release, the sentence of an additional term of parole or work release shall be considered part of the original term of commitment to the department of corrections. Sec. 54. Section 902.1, subsection 4, Code 2024, is amended to read as follows: 4. If a defendant is paroled pursuant to subsection 2 or 3 , the defendant shall be subject to the same set of procedures set out in chapters 901B , 905 904 , 906 , and 908 , and rules adopted under those chapters for persons on parole. Sec. 55. Section 903B.1, Code 2024, is amended to read as follows:
House File 2686, p. 22 903B.1 Special sentence —— class “B” or class “C” felonies. A person convicted of a class “C” felony or greater offense under chapter 709 or section 728.12 , or a class “B” felony under section 713.3, subsection 1 , paragraph “d” , shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the Iowa department of corrections for the rest of the person’s life, with eligibility for parole as provided in chapter 906 . The board of parole shall determine whether the person should be released on parole or placed in a work release program. The special sentence imposed under this section shall commence upon completion of the sentence imposed under any applicable criminal sentencing provisions for the underlying criminal offense and the person shall begin the sentence under supervision as if on parole or work release. The person shall be placed on the corrections continuum in chapter 901B , and the terms and conditions of the special sentence, including violations, shall be subject to the same set of procedures set out in chapters 901B , 905 904 , 906 , and 908 , and rules adopted under those chapters for persons on parole or work release. The revocation of release shall not be for a period greater than two years upon any first revocation, and five years upon any second or subsequent revocation. A special sentence shall be considered a category “A” sentence for purposes of calculating earned time under section 903A.2 . Sec. 56. Section 903B.2, Code 2024, is amended to read as follows: 903B.2 Special sentence —— class “D” felonies or misdemeanors. A person convicted of a misdemeanor or a class “D” felony offense under chapter 709 , section 726.2 , or section 728.12 shall also be sentenced, in addition to any other punishment provided by law, to a special sentence committing the person into the custody of the director of the Iowa department of corrections for a period of ten years, with eligibility for parole as provided in chapter 906 . The board of parole shall determine whether the person should be released on parole or placed in a work release program. The special sentence imposed under this section shall commence upon completion of
House File 2686, p. 23 the sentence imposed under any applicable criminal sentencing provisions for the underlying criminal offense and the person shall begin the sentence under supervision as if on parole or work release. The person shall be placed on the corrections continuum in chapter 901B , and the terms and conditions of the special sentence, including violations, shall be subject to the same set of procedures set out in chapters 901B , 905 904 , 906 , and 908 , and rules adopted under those chapters for persons on parole or work release. The revocation of release shall not be for a period greater than two years upon any first revocation, and five years upon any second or subsequent revocation. A special sentence shall be considered a category “A” sentence for purposes of calculating earned time under section 903A.2 . Sec. 57. Section 904.101, Code 2024, is amended by adding the following new subsections: NEW SUBSECTION . 1A. “Community-based correctional program” means correctional programs and services, under the direction of a district director and the department, 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 department, in a manner that provides services in a manner free of disparities based upon an individual’s race or ethnic origin. NEW SUBSECTION . 1B. “Community-based corrections facility” means property or buildings owned or operated by the department for a community-based correctional program. NEW SUBSECTION . 4. “District advisory board” means the advisory board of a district department. NEW SUBSECTION . 5. “District department” means a judicial district department of correctional services established under
House File 2686, p. 24 section 904.104A. NEW SUBSECTION . 6. “District director” means the director of a district department, appointed by the director under section 904.301A. Sec. 58. Section 904.102, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION . 12. Community-based corrections facilities. Sec. 59. Section 904.103, subsection 1, Code 2024, is amended by striking the subsection. Sec. 60. Section 904.301A, Code 2024, is amended to read as follows: 904.301A Appointment of directors. The director shall appoint, subject to the approval of the board, a district director for each judicial district department of correctional services established in section 905.2 904.104A . Sec. 61. Section 904.303, Code 2024, is amended to read as follows: 904.303 Officers and employees —— compensation. 1. The director shall determine the number and compensation of subordinate officers and employees for each institution subject to chapter 8A, subchapter IV . Subject to this chapter , the officers and employees shall be appointed and discharged by the superintendent or district director, as applicable, who shall keep in the record of each subordinate officer and employee, the date of employment, the compensation, and the date of and the reasons for each discharge. 2. The superintendents , district directors, and employees of the correctional institutions shall receive salaries or compensation as determined by the director, shall receive a midshift meal when on duty, and shall be provided uniforms if uniforms are required to be worn when on duty. The uniforms shall be maintained and replaced by the department at no cost to the employees and shall remain the property of the department. Sec. 62. Section 904.306, Code 2024, is amended to read as follows: 904.306 Conferences.
House File 2686, p. 25 Quarterly conferences of the superintendents and the district directors of the institutions shall be held with the director for the consideration of all matters relative to the management of the institutions. Full minutes of the meetings shall be preserved in the records of the director. The director may cause papers to be prepared and read at the conferences on appropriate subjects. Sec. 63. Section 904.307, Code 2024, is amended to read as follows: 904.307 Annual reports. 1. The superintendent of each institution shall make an annual report to the director. 2. The district director of each district department shall make an annual report to the director. Sec. 64. Section 904.310, Code 2024, is amended to read as follows: 904.310 Canteens. The director may maintain a canteen at an institution under the director’s jurisdiction for the sale to persons confined in or committed to the institution of items such as toilet articles, candy, tobacco products, notions, and other sundries, and may provide the necessary facilities, equipment, personnel, and merchandise for the canteen. The director shall specify the items to 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 and donations designated by inmates for reimbursement of victims’ travel expenses. Any money in the fund over the amount needed to do normal business transactions, to reimburse any accounts which have subsidized the canteen fund, and to reimburse victims’ travel expenses shall be considered profit. This money may remain in the institution’s canteen fund and be used for any purchase which the superintendent or district director, as applicable, approves that will directly and collectively benefit the inmates of the institution or to reimburse victims’ travel expenses. Sec. 65. Section 904.311, subsection 1, Code 2024, is amended to read as follows:
House File 2686, p. 26 1. The director may permit the superintendent or the district director, as applicable, of each institution to retain a stated amount of funds in possession as a contingent fund for the payment of freight, postage, commodities purchased on authority of the director on a cash basis, salaries, inmate allowances, and bills granting discount for cash. If necessary, the director shall make proper requisition upon the director of the department of administrative services for a warrant on the treasurer of state to secure the contingent fund for each institution. Sec. 66. Section 904.315, subsection 1, Code 2024, is amended to read as follows: 1. The director of the department of administrative services shall, in writing, let all contracts for authorized improvements under chapter 8A, subchapter III , costing in excess of the competitive bid threshold in section 26.3 , or as established in section 314.1B . Upon prior authorization by the director, improvements costing five thousand dollars or less may be made by the superintendent or district director, as applicable, of any institution. Sec. 67. Section 904.502, Code 2024, is amended to read as follows: 904.502 Questionable commitment. The superintendent or the district director, as applicable, shall within three days of the commitment or entrance of a person at the institution notify the director if there is any question as to the propriety of the commitment or detention of any person received at the institution, and the director upon notification shall inquire into the matter presented, and take appropriate action. Sec. 68. Section 904.505, subsection 2, Code 2024, is amended to read as follows: 2. The superintendent or district director, as applicable, of each institution shall maintain a register of all penalties imposed on inmates and the cause for which the penalties were imposed. Sec. 69. Section 904.512, Code 2024, is amended to read as follows: 904.512 Visits.
House File 2686, p. 27 Members of the executive council, the attorney general, the lieutenant governor, members of the general assembly, judges of the supreme and district court and court of appeals, judicial magistrates, county attorneys , and persons ordained or designated as regular leaders of a religious community are authorized to visit all institutions under the control of the Iowa department of corrections at reasonable times. No other person shall be granted admission except by permission of the superintendent or district director, as applicable . Sec. 70. Section 904.513, subsection 1, paragraph a, Code 2024, is amended to read as follows: a. The department of corrections , in cooperation with the judicial district departments of correctional services, shall establish in each judicial district a continuum of programming for the supervision and treatment of offenders convicted of violating chapter 321J who are sentenced to the custody of the director. The continuum shall include a range of sanctioning options that include but are not limited to prisons and residential facilities. Sec. 71. Section 904.513, subsection 1, paragraph b, subparagraph (4), Code 2024, is amended to read as follows: (4) Assignment may also be made on the basis of the offender’s treatment program performance, as a disciplinary measure, for medical needs, and for space availability at community residential facilities. If there is insufficient space at a community residential facility, the court may order an offender to be released to the supervision of the judicial district department of correctional services , held in jail, or committed to the custody of the director of the department of corrections for assignment to an appropriate correctional facility until there is sufficient space at a community residential facility. Sec. 72. Section 904.514, subsections 1 and 3, Code 2024, are 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
House File 2686, p. 28 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 or some other laboratory approved by the department of 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 or district director, as applicable, of the institution. 3. Personnel at an institution under the control of the department or of a residential facility operated by a judicial district department of correctional services shall be notified if a person committed to any of these institutions is found to have a contagious infectious disease. Sec. 73. Section 904.602, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: The following information regarding individuals receiving or who have received services from the department or from the judicial district departments of correctional services under chapter 905 is public information and may be given to anyone: Sec. 74. Section 904.602, subsection 2, unnumbered paragraph 1, Code 2024, is amended to read as follows: The following information regarding individuals receiving or who have received services from the department or from the judicial district departments of correctional services under chapter 905 is confidential and shall not be disseminated by the department to the public: Sec. 75. Section 904.602, subsections 6 and 10, Code 2024, are amended to read as follows: 6. Confidential information described in subsection 2 may be disclosed to public officials for use in connection with their official duties relating to law enforcement, audits and other purposes directly connected with the administration of their programs. Full disclosure by the department of any
House File 2686, p. 29 information on an individual may be made to the board of parole and to judicial district departments of correctional services created under chapter 905 , and the board and those district departments are subject to the same standards as the department in dissemination or redissemination of information on persons served or supervised by those district departments, and all provisions of this section pertain to the board of parole and to the judicial district departments as if they were a part of the department. Information may be disseminated about individuals while under the supervision of the department to public or private agencies to which persons served or supervised by the department are referred for specific services not otherwise provided by the department but only to the extent that the information is needed by those agencies to provide the services required, and they shall keep information received from the department confidential. 10. Regulations, procedures, and policies that govern the internal administration of the department and the judicial district departments of correctional services under chapter 905 , which if released may jeopardize the secure operation of a correctional institution operation or program are confidential unless otherwise ordered by a court. These records include procedures on inmate movement and control; staffing patterns and regulations; emergency plans; internal investigations; equipment use and security; building plans, operation, and security; security procedures for inmates, staff, and visitors; daily operation records; and contraband and medicine control. These records are exempt from the public inspection requirements in section 17A.3 and section 22.2 . Sec. 76. Section 904.704, Code 2024, is amended to read as follows: 904.704 Limitation on contracts. The director or the superintendents superintendent or district director, as applicable, of the institutions shall not, nor shall any other person employed by the state, make any contract by which the labor or time of an inmate in the institution is given, loaned, or sold to any person unless as provided by subchapter VIII or section 904.703 . Sec. 77. Section 904.904, Code 2024, is amended to read as
House File 2686, p. 30 follows: 904.904 Housing facilities —— halfway houses. Unless the inmate returns after working hours to the institution under jurisdiction of the department of corrections , the department of corrections shall contract coordinate with a judicial district department of correctional services for the quartering and supervision of the inmate in local housing facilities. The board of parole shall include as a specific term or condition in the work release plan of any inmate the place where the inmate is to be housed when not on the work assignment. The board of parole shall not place an inmate on work release for longer than six months in any twelve-month period unless approval is given by a majority of the full board of parole. Inmates may be temporarily released to the supervision of a responsible person to participate in family and selected community, religious, educational, social, civic, and recreational activities when it is determined that the participation will directly facilitate the release transition from institution to community. The department of corrections shall provide a copy of the work release plan and a copy of any restitution plan of payment to the judicial district department of correctional services quartering and supervising the inmate. Sec. 78. Section 904.905, Code 2024, is amended to read as follows: 904.905 Surrender of earnings. 1. An inmate employed in the community under a work release plan shall surrender to the judicial district department of correctional services the inmate’s total earnings less payroll deductions required by law. The judicial district department of correctional services shall deduct from the earnings in the following order of priority: 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 health and human services. b. Restitution as ordered by the court pursuant to chapter 910 . c. An amount determined to be the cost to the judicial
House File 2686, p. 31 district department of correctional services for providing food, lodging, and clothing for the inmate while under the program. d. Any other financial obligations which are acknowledged by the inmate or any unsatisfied judgment against the inmate. 2. Any balance remaining after deductions and payments shall be credited to the inmate’s personal account at the judicial district department of correctional services and shall be paid to the inmate upon release. An inmate so employed shall be paid a fair and reasonable wage in accordance with the prevailing wage scale for such work and shall work at fair and reasonable hours per day and per week. Sec. 79. Section 904.906, Code 2024, is amended to read as follows: 904.906 Status of inmates on work release. An inmate employed in the community under this chapter is not an agent, employee, or involuntary servant of the department of corrections , or the board of parole , or the judicial district department of correctional services while released from confinement under the terms of a work release plan. If an inmate suffers an injury arising out of or in the course of the inmate’s employment under this chapter , the inmate’s recovery shall be from the insurance carrier of the employer of the project and no proceedings for compensation shall be maintained against the insurance carrier of the state institution , or the state , the insurance carrier of the judicial district department of correctional services, or the judicial district department of correctional services, and there is no employer-employee relationship between the inmate and the state institution , or the board of parole , or the judicial district department of correctional services . Sec. 80. Section 904.908, subsections 1 and 2, Code 2024, are amended to read as follows: 1. Upon request by the Iowa department of corrections , or the board of parole, or a judicial district department of correctional services a county shall provide temporary confinement for alleged violators of work release conditions if space is available. 2. The Iowa department of corrections shall negotiate
House File 2686, p. 32 a reimbursement rate with each county for the temporary confinement of alleged violators of work release conditions who are in the custody of or who are housed or supervised by the director of the Iowa department of corrections or who are housed or supervised by the judicial district department of correctional services . The amount to be reimbursed shall be determined by multiplying the number of days a person is confined by the average daily cost of confining a person in the county facility as negotiated with the department. Payment shall be made upon submission of a voucher executed by the sheriff and approved by the director of the Iowa department of corrections. Sec. 81. Section 904.910, subsections 4 and 5, Code 2024, are amended to read as follows: 4. The department may contract with a judicial district department of correctional services for the housing and supervision of an An inmate in local facilities as provided in section 904.904 may be housed and supervised by a district department . The institutional work release plan shall indicate the place where the inmate is to be housed when not on work assignment. The plan shall not allow for placement of an inmate on work release for more than six months in any twelve-month period without unanimous committee approval to do so. However, an inmate may be temporarily released to the supervision of a responsible person to participate in family and selected community, religious, educational, social, civic, and recreational activities when the committee determines that the participation will directly facilitate the release of the inmate from the institution to the community. The department shall provide a copy of the work release plan and a copy of any restitution plan of payment to the judicial district department of correctional services housing and supervising the inmate. 5. An inmate employed in the community under an institutional work release plan approved pursuant to this section shall surrender the inmate’s total earnings less payroll deductions required by law to the superintendent, or to the judicial district department of correctional services if it is housing or supervising the inmate. The superintendent or the judicial district department of correctional services shall
House File 2686, p. 33 deduct from the earnings in the priority established in section 904.905 . Sec. 82. Section 905.2, Code 2024, is amended to read as follows: 905.2 District Judicial district departments of correctional services established. 1. There is established in each judicial district in this state a 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 requirements of the Iowa department of corrections . 2. The district department is under the direction of the Iowa department of corrections, and shall be administered by a district director employed by the 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. 83. Section 905.3, Code 2024, is amended to read as follows: 905.3 District advisory board —— expenses reimbursed. 1. a. A district advisory board is established for each district department, which shall serve in an advisory capacity to a district director without compensation, and shall be composed as follows: (1) a. One member shall be appointed annually by a district director from the board of supervisors of each county in the judicial district. (2) b. The district 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 citizen members shall be appointed by the chief judge of the judicial district on or before December 31 to serve on the district advisory board for the following calendar year. b. 2. The district advisory board shall meet not more often than quarterly during the calendar year. 2. 3. The members of the district advisory board shall be
House File 2686, p. 34 reimbursed from funds of the district department for travel and other expenses necessarily incurred in attending meetings. Sec. 84. Section 905.4, Code 2024, 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 district advisory board business. 2. Advise the district 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. 3. Recruit and promote 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. Sec. 85. Section 905.6, Code 2024, is amended to read as follows: 905.6 Duties of district director. The Each district director employed by the Iowa department of corrections shall be qualified in the administration of correctional programs. The district director shall: 1. Perform the duties and have the responsibilities delegated or specified by the Iowa department of corrections . 2. Manage the district department’s community-based correctional program, in accordance with the policies of the Iowa department of corrections . 3. Employ, with approval of the 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. 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.
House File 2686, p. 35 6. Develop and submit to the 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 Iowa department of corrections , implement contracts or other arrangements for utilization of local treatment and service resources authorized by subsection 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 that the district 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 district 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.
House File 2686, p. 36 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. 86. Section 905.14, subsection 3, Code 2024, is amended to read as follows: 3. The department of corrections may adopt rules for the administration of this section . If adopted, the rules shall include a provision for waiving the collection of fees for persons determined to be unable to pay. Sec. 87. Section 907.3, subsection 1, paragraph c, Code 2024, is amended to read as follows: c. Upon fulfillment of the conditions of probation and the payment of fees imposed and not waived by the judicial district department of correctional services under section 905.14 904.912 , the defendant shall be discharged without entry of judgment. Sec. 88. Section 907.3, subsection 3, unnumbered paragraph 1, Code 2024, is amended to read as follows:
House File 2686, p. 37 By record entry at the time of or after sentencing, the court may suspend the sentence and place the defendant on probation upon such terms and conditions as it may require including commitment to an alternate jail facility or a community correctional residential treatment facility to be followed by a period of probation as specified in section 907.7 , or commitment of the defendant to the judicial district department of correctional services for supervision or services under section 901B.1 at the level of sanctions which the district department determines to be appropriate and the payment of fees imposed under section 905.14 904.912 . A person so committed who has probation revoked shall not be given credit for such time served. However, a person committed to an alternate jail facility or a community correctional residential treatment facility who has probation revoked shall be given credit for time served in the facility. The court shall not suspend any of the following sentences: Sec. 89. Section 907.7, subsection 3, Code 2024, is amended to read as follows: 3. The court may subsequently reduce the length of the probation if the court determines that the purposes of probation have been fulfilled and the fees imposed under section 905.14 904.912 have been paid to or waived by the judicial district department of correctional services and that court debt collected pursuant to section 602.8107 has been paid. The purposes of probation are to provide maximum opportunity for the rehabilitation of the defendant and to protect the community from further offenses by the defendant and others. Sec. 90. Section 907.9, subsections 1 and 2, Code 2024, are amended to read as follows: 1. At any time that the court determines that the purposes of probation have been fulfilled and fees imposed under section 905.14 904.912 and court debt collected pursuant to section 602.8107 have been paid, the court may order the discharge of a person from probation. 2. At any time that a probation officer determines that the purposes of probation have been fulfilled and fees imposed under section 905.14 904.912 and court debt collected pursuant
House File 2686, p. 38 to section 602.8107 have been paid, the officer may order the discharge of a person from probation after approval of the district director and notification of the sentencing court and the county attorney who prosecuted the case. Sec. 91. Section 907.9, subsection 4, paragraph a, Code 2024, is amended to read as follows: a. At the expiration of the period of probation if the fees imposed under section 905.14 904.912 and court debt collected pursuant to section 602.8107 have been paid, the court shall order the discharge of the person from probation. If portions of the court debt remain unpaid, the person shall establish a payment plan with the clerk of the district court or the county attorney prior to the discharge. The court shall forward to the governor a recommendation for or against restoration of citizenship rights to that person upon discharge. A person who has been discharged from probation shall no longer be held to answer for the person’s offense. Sec. 92. REPEAL. Sections 905.1, 905.7, 905.8, 905.9, 905.10, 905.12, 905.13, and 905.15, Code 2024, are repealed. Sec. 93. CODE EDITOR DIRECTIVE. 1. The Code editor is directed to make the following transfers: a. Section 905.2 to section 904.104A. b. Section 905.3 to section 904.104B. c. Section 905.4 to section 904.105A. d. Section 905.6 to section 904.301B. e. Section 905.11 to section 904.911. f. Section 905.14 to section 904.912. g. Section 905.16 to section 904.913. 2. The Code editor is directed to correct internal references in the Code and in any enacted legislation as necessary due to enactment of this division of this Act. DIVISION VI DEPARTMENT OF REVENUE Sec. 94. Section 99G.3, subsection 5, Code 2024, is amended to read as follows: 5. “Director” means the director of the department of revenue or the director’s designee. Sec. 95. Section 99G.7, subsection 1, paragraphs b and c,
House File 2686, p. 39 Code 2024, are amended to read as follows: b. Promote or provide for promotion of the lottery and any functions related to the division under this chapter . c. Prepare a budget for the approval of the director for activities of the division under this chapter . Sec. 96. Section 99G.7, subsection 1, paragraph g, Code 2024, is amended by striking the paragraph. Sec. 97. Section 99G.8, subsections 4, 11, and 13, Code 2024, are amended to read as follows: 4. No officer or employee of the department shall be a member of the board. 11. The board shall meet at least quarterly and at such other times upon call of the chairperson or the chief executive officer administrator . Notice of the time and place of each board meeting shall be given to each member. The board shall also meet upon call of three or more of the board members. The board shall keep accurate and complete records of all its meetings. 13. Board members shall not have any direct or indirect interest in an undertaking that puts their personal interest in conflict with that of the department under this chapter including but not limited to an interest in a major procurement contract or a participating retailer. Sec. 98. Section 99G.10, subsection 3, Code 2024, is amended to read as follows: 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. 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
House File 2686, p. 40 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 . Sec. 99. Section 99G.11, subsections 1, 2, 3, and 4, Code 2024, are amended to read as follows: 1. A member of the board , any officer, or other employee of the 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 division has an 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 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 division violates a provision of this section , the board member , officer, or employee shall be immediately removed from
House File 2686, p. 41 the office or position. 4. Enforcement of this section against a board member , officer, or other employee shall be by the attorney general who upon finding a violation shall initiate an action to remove the board member , officer, or employee. Sec. 100. Section 99G.12, subsection 1, Code 2024, is amended to read as follows: 1. The authority department may operate self-service kiosks to dispense authorized lottery tickets or products in locations where lottery games and lottery products are sold, subject to the requirements of this chapter . Sec. 101. Section 99G.21, subsection 2, paragraph f, Code 2024, is amended to read as follows: f. To enter into written agreements with one or more other states or territories of the United States, or one or more political subdivisions of another state or territory of the United States, or any entity lawfully operating a lottery outside the United States for the operation, marketing, and promotion of a joint lottery or joint lottery game. For the purposes of this subsection , any lottery with which the authority department reaches an agreement or compact shall meet the criteria for security, integrity, and finance set by the board. Sec. 102. Section 99G.22, subsection 1, Code 2024, is amended to read as follows: 1. The 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 administrator department shall consult with the division of criminal 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 department on a major procurement contract, each vendor shall be required to submit to the division of criminal investigation
House File 2686, p. 42 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. Sec. 103. Section 99G.23, subsections 1 and 2, Code 2024, are amended to read as follows: 1. The division department 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 division department 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 for a major procurement shall, at the execution of the contract with the division department , post a performance bond or letter of credit from a bank or credit provider acceptable to the division department in an amount as deemed necessary by the division department for that particular bid or contract. Sec. 104. Section 99G.24, subsection 7, paragraphs d and e, Code 2024, are amended to read as follows: d. Is a vendor or any employee or agent of any vendor doing business with the department under this chapter or with the division. e. Resides in the same household as an officer employee of the division 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
House File 2686, p. 43 under this chapter . Sec. 105. Section 99G.27, subsection 1, paragraphs a, b, and h, Code 2024, are amended to read as follows: a. A violation of this chapter , a regulation, or a policy or procedure of the division department . b. Failure to accurately or timely account or pay for lottery products, lottery games, revenues, or prizes as required by the division department . h. Failure to meet any of the objective criteria established by the division department pursuant to this chapter . Sec. 106. Section 99G.28, Code 2024, 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 division department directly, through electronic funds transfer to the division department , or through the division’s department’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 division department or its authorized collection representative upon demand. Sec. 107. Section 99G.30A, subsection 2, paragraphs a and c, Code 2024, are amended to read as follows: a. The director of revenue shall administer the monitor vending machine excise tax as nearly as possible in conjunction with the administration of state sales tax laws. The director shall provide appropriate forms or provide appropriate entries on the regular state tax forms for reporting local sales and services tax liability. c. Frequency of deposits and monthly reports of the monitor
House File 2686, p. 44 vending machine excise tax with the department of revenue are governed by the tax provisions in section 423.31 . Monitor vending machine excise tax collections shall not be included in computation of the total tax to determine frequency of filing under section 423.31 . Sec. 108. Section 99G.31, subsection 3, paragraphs f and g, Code 2024, are amended to read as follows: f. The division department is discharged of all liability upon payment of a prize pursuant to this section . g. No ticket or share issued by the 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 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. Sec. 109. Section 99G.34, subsection 4, Code 2024, is amended to read as follows: 4. Security records pertaining to investigations and intelligence-sharing information between lottery security officers staff 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 department under this chapter pertaining to game security data, ticket validation tests, and processes. Sec. 110. Section 99G.35, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: The department’s chief security officer and investigators lottery security staff 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 Lottery security staff shall not have sworn peace officer status. The lottery security office shall perform all of the following activities in support of the mission of the department under this chapter : Sec. 111. Section 421.2, Code 2024, is amended to read as follows: 421.2 Department of revenue.
House File 2686, p. 45 A department of revenue is created. The department shall be administered by a director of revenue who shall be appointed by the governor subject to confirmation by the senate and shall serve at the pleasure of the governor. If the office of the director becomes vacant, the vacancy shall be filled in the same manner as provided for the original appointment. The Except for the Iowa lottery division under chapter 99G, the director may establish, abolish, and consolidate divisions within the department of revenue when necessary for the efficient performance of the various functions and duties of the department of revenue. Sec. 112. Section 421.9, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: The director of revenue or a department employee designated deputy by the director shall sign on behalf of the department all orders, subpoenas, warrants, and other documents of like character issued by the department. DIVISION VII WORKFORCE DEVELOPMENT Sec. 113. Section 84A.5, subsection 5, paragraph o, Code 2024, is amended to read as follows: o. Adult education and literacy programs with community colleges under section 84A.19 . Sec. 114. Section 84A.5, subsection 5, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . p. The supplemental nutrition assistance program employment and training program pursuant to 7 C.F.R. pt. 273, administered jointly with the department of health and human services. Sec. 115. Section 84A.6, subsection 2, paragraph a, Code 2024, is amended to read as follows: 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 supplemental nutrition assistance program employment and training program
House File 2686, p. 46 pursuant to 7 C.F.R. pt. 273 . DIVISION VIII DEPARTMENT OF PUBLIC SAFETY Sec. 116. Section 80E.1, subsection 2, paragraph b, Code 2024, is amended by striking the paragraph. Sec. 117. Section 100.41, Code 2024, is amended to read as follows: 100.41 Authority to cite violations. Fire officials acting under the authority of this part chapter 10A, subchapter V, part 2, may issue citations in accordance with chapter 805 , for violations of this part chapter 10A, subchapter V, part 2, or a violation of a local fire safety code. DIVISION IX ECONOMIC DEVELOPMENT AUTHORITY AND IOWA FINANCE AUTHORITY —— REPORTS Sec. 118. Section 15.107B, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION . 3. The director may, notwithstanding any provision of law to the contrary, include in the report submitted pursuant to subsection 1, any other annual report relating to a program or activity required to be prepared by the authority, the director, or the board, and submitted to the general assembly. Sec. 119. Section 15.108, subsection 6, paragraph c, subparagraph (1), subparagraph division (c), Code 2024, is amended to read as follows: (c) By January 15 of each year, or as part of the annual report under section 15.107B, the economic development authority shall submit to the governor and the general assembly a compilation of reports required under this subparagraph. Sec. 120. Section 15.108, subsection 8, paragraph f, Code 2024, is amended to read as follows: 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 , or include as part of the annual report under section 15.107B, a report on the survey to the governor and to the general assembly no
House File 2686, p. 47 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 deems appropriate. Sec. 121. Section 15.120, subsection 3, paragraph b, Code 2024, is amended to read as follows: b. The center shall prepare an annual report in coordination with the authority. The center shall submit the report to the general assembly and the legislative services agency by January 15 of each year or shall provide the report to the authority to include as part of the annual report under section 15.107B . Sec. 122. Section 15.231, subsection 7, Code 2024, is amended by striking the subsection. Sec. 123. Section 15.275, subsection 2, Code 2024, is amended to read as follows: 2. The authority shall report to the general assembly on or before September 1 of each fiscal year , or report as part of the annual report under section 15.107B, on the effectiveness of each entity that conducted statewide tourism marketing services and efforts in the immediately preceding fiscal year pursuant to a contract awarded under subsection 1 . The report shall be provided in an electronic format and shall include metrics and criteria that allow the general assembly to quantify and evaluate the effectiveness and economic impact of each entity’s statewide tourism marketing services and efforts. Sec. 124. Section 15.320, subsection 2, unnumbered paragraph 1, Code 2024, is amended to read as follows: By January 31 of each year, the board, in cooperation with the department of revenue, shall submit to the general assembly and to the governor , or provide to the authority for inclusion in the annual report under section 15.107B, a report describing the activities of the program for the most recent calendar year for which the tax credit application period has ended pursuant to section 15.318, subsection 1 , paragraph “d” . The report shall, at a minimum, include the following information: Sec. 125. Section 15.338, subsection 7, Code 2024, is amended by striking the subsection. Sec. 126. Section 15E.46, subsection 3, Code 2024, is amended to read as follows: 3. The authority shall publish , or include as part of the
House File 2686, p. 48 annual report under section 15.107B, an annual report of the activities conducted pursuant to this subchapter and shall submit the report to the governor and the general assembly. The report shall include a listing of eligible qualifying businesses and the number of tax credit certificates and the amount of tax credits issued by the authority. Sec. 127. Section 15E.52, subsection 10, unnumbered paragraph 1, Code 2024, is amended to read as follows: On or before January 31 of each year, the board, in cooperation with the department of revenue, shall submit to the general assembly and the governor , or provide to the authority for inclusion in the annual report under section 15.107B, a report describing the activities of the innovation funds during the preceding fiscal year. The report shall at a minimum include the following information: Sec. 128. Section 15E.63, subsection 9, Code 2024, is amended to read as follows: 9. The board shall, in consultation with the Iowa capital investment corporation, publish an annual report of the activities conducted by the Iowa fund of funds, and present the report to the governor and the general assembly or provide the report to the authority to include such report as part of the annual report under section 15.107B . The annual report shall include a copy of the audit of the Iowa fund of funds and a valuation of the assets of the Iowa fund of funds, review the progress of the investment fund allocation manager in implementing its investment plan, and describe any redemption or transfer of a certificate issued pursuant to this subchapter , provided, however, that the annual report shall not identify any specific designated investor who has redeemed or transferred a certificate. Every five years, the board shall publish a progress report which shall evaluate the progress of the state of Iowa in accomplishing the purposes stated in section 15E.61 . Sec. 129. Section 15F.107, subsection 2, Code 2024, is amended to read as follows: 2. The authority shall submit a report to the general assembly and the governor’s office each year , or include such report as part of the annual report under section 15.107B, that
House File 2686, p. 49 moneys are appropriated to the fund established in this section describing the use of moneys and the results achieved under each of the programs receiving fund moneys. Sec. 130. Section 15J.4, subsection 7, Code 2024, is amended to read as follows: 7. All reports received by the board under subsection 6 shall be posted on the economic development authority’s internet site as soon as practicable following receipt of the report. The board shall submit a written report to the governor and the general assembly on or before January 15 of each year or shall provide the report to the economic development authority to include such report as part of the annual report under section 15.107B . The report shall summarize and analyze the information submitted by municipalities under subsection 6 . Sec. 131. Section 16.7, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION . 3. The director may, notwithstanding any provision of law to the contrary, include in the report submitted under this section, any other annual report relating to a program or activity required to be prepared by the authority, the director, or the board and submitted to the general assembly. Sec. 132. Section 16.57B, subsection 7, unnumbered paragraph 1, Code 2024, is amended to read as follows: On or before January 31 of each year, or as part of the annual report under section 16.7, the authority shall submit a report to the general assembly that identifies all of the following for the calendar year immediately preceding the year of the report: Sec. 133. Section 16.134, subsection 8, Code 2024, is amended to read as follows: 8. By October 1 of each year, or as part of the annual report under section 16.7, the authority shall submit a report to the governor and the general assembly itemizing expenditures under the program during the previous fiscal year, if any. Sec. 134. Section 16.153, subsection 4, Code 2024, is amended to read as follows: 4. By October 1, 2019, and by October 1 of each year
House File 2686, p. 50 thereafter or as part of the annual report under section 16.7 , the authority shall submit a report to the governor and the general assembly itemizing expenditures from the fund, if any, during the previous fiscal year. DIVISION X ECONOMIC DEVELOPMENT AUTHORITY AND IOWA FINANCE AUTHORITY —— PROGRAMS Sec. 135. Section 15.410, subsection 2, Code 2024, is amended by striking the subsection. Sec. 136. Section 15.411, subsection 3, Code 2024, is amended by striking the subsection. Sec. 137. Section 15.412, subsection 2, Code 2024, is amended to read as follows: 2. Moneys in the fund are appropriated to the authority and, with the approval of the board, shall be used to facilitate agreements , and enhance commercialization , and increase the availability of skilled workers in innovative businesses. Such moneys shall not be used for the support of retail businesses, health care businesses, or other businesses requiring a professional license. Sec. 138. Section 15.412, subsection 3, paragraph a, Code 2024, is amended by striking the paragraph. Sec. 139. NEW SECTION . 84A.20 Iowa student internship program. 1. As used in this section, unless the context otherwise requires: a. “Innovative business” means the same as defined in section 15E.52. b. “Internship” means temporary employment of a student that focuses on providing the student with work experience in the student’s field of study. c. “Iowa student” means a student of an Iowa community college, private college, or institution of higher learning under the control of the state board of regents, or a student who graduated from high school in Iowa but now attends an institution of higher learning outside the state of Iowa. 2. a. The department of workforce development shall establish and administer an internship program with two components for Iowa students. To the extent permitted by
House File 2686, p. 51 this section, the department of workforce development shall administer the two components in as similar a manner as possible. b. The purpose of the first component of the program is to link Iowa students to small and medium-sized Iowa firms through internship opportunities. An Iowa employer may receive financial assistance on a matching basis for a portion of the wages paid to an intern. If providing financial assistance, the department of workforce development shall provide the assistance on a reimbursement basis such that for every two dollars of wages earned by the student, one dollar paid by the employer is matched by one dollar from the department of workforce development. The amount of financial assistance shall not exceed three thousand one hundred dollars for any single internship, or nine thousand three hundred dollars for any single employer. In order to be eligible to receive financial assistance, the employer must have five hundred or fewer employees and must be an innovative business. The department of workforce development shall encourage youth who reside in economically distressed areas, youth adjudicated to have committed a delinquent act, and youth transitioning out of foster care to participate in the first component of the internship program. c. (1) The purpose of the second component of the program is to assist in placing Iowa students studying in the fields of science, technology, engineering, and mathematics into internships that lead to permanent positions with Iowa employers. The department of workforce development shall collaborate with eligible employers, including but not limited to innovative businesses, to ensure that the interns hired are studying in such fields. An Iowa employer may receive financial assistance on a matching basis for a portion of the wages paid to an intern. If providing financial assistance, the department of workforce development shall provide the assistance on a reimbursement basis such that for every two dollars of wages earned by the student, one dollar paid by the employer is matched by one dollar from the department of workforce development. The amount of financial assistance shall not exceed five thousand dollars per internship. The
House File 2686, p. 52 department of workforce development may adopt rules to administer this component. In adopting rules to administer this component, the department of workforce development shall adopt rules as similar as possible to those adopted pursuant to paragraph “b” . (2) The requirement to administer this component of the internship program is contingent upon the provision of funding for such purposes by the general assembly. 3. a. An Iowa student internship fund is created in the state treasury under the control of the department of workforce development. The fund shall consist of moneys appropriated to the department of workforce development and any other moneys available to, obtained, or accepted by the department of workforce development for placement in the fund. b. Payments of interest, repayments of moneys loaned pursuant to this section, and recaptures of financial assistance shall be credited to the fund. Moneys in the fund are not subject to section 8.33. Notwithstanding section 12C.7, interest or earnings on moneys in the fund shall be credited to the fund. c. Moneys in the fund are appropriated to the department of workforce development and, with the approval of the Iowa workforce development board, shall be used to increase the availability of skilled workers in innovative businesses, by providing Iowa student internship opportunities. Such moneys shall not be used for the support of retail businesses, health care businesses, or other businesses requiring a professional license. Sec. 140. TRANSITION PROVISIONS. Any internship or financial assistance awarded under a program administered by the economic development authority under section 15.411, Code 2024, prior to the effective date of this division of this Act is valid and shall continue as provided in the terms of the internship or financial assistance under section 84A.20, as enacted in this division of this Act. DIVISION XI DEPARTMENT OF HEALTH AND HUMAN SERVICES Sec. 141. Section 125.7, subsection 4, Code 2024, is amended to read as follows:
House File 2686, p. 53 4. Adopt rules for subsections subsection 1 and 6 and review other rules necessary to carry out the provisions of this chapter , subject to review in accordance with chapter 17A . Sec. 142. Section 125.7, subsection 6, Code 2024, is amended by striking the subsection. Sec. 143. Section 125.13, subsection 2, paragraphs a, b, i, and j, Code 2024, are amended to read as follows: a. A hospital providing care or treatment to persons with 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 council department . All survey reports from the accrediting or licensing body must be sent to the department. 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 council department by virtue of its utilization of the services of a medical practitioner in its operation. i. A substance 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 council department . All survey reports from the accrediting or licensing body must be sent to the department. j. A hospital substance 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 council department . All survey reports for the hospital substance use disorder treatment program from the accrediting or licensing body shall be sent to the department. Sec. 144. Section 125.14, Code 2024, is amended to read as follows: 125.14 Licenses —— renewal —— fees.
House File 2686, p. 54 The council department 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 council department 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. 145. Section 125.15A, subsection 1, paragraph b, Code 2024, is amended to read as follows: b. The council department has suspended, revoked, or refused to renew the existing license of the program. Sec. 146. Section 125.16, Code 2024, 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 council department . Sec. 147. Section 125.17, Code 2024, 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 council department 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 council department does not intend to renew the license. When
House File 2686, p. 55 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 the council department and the council department shall expeditiously make a decision in the matter and notify the licensee of the decision. Sec. 148. Section 125.18, Code 2024, is amended by striking the section and inserting in lieu thereof the following: 125.18 Applications —— approval or denial —— disciplinary actions. The department may deny an application for license, or may place on probation, suspend or revoke a license of, or otherwise discipline a licensee if the department finds that the licensee has not been or will not be operated in compliance with this chapter and the rules adopted pursuant to this chapter, or that there is insufficient assurance of adequate protection for the public. The authorization denial or period of probation, suspension, or revocation, or other disciplinary action shall be effected and may be appealed as provided by section 17A.12. Sec. 149. Section 125.19, Code 2024, 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 council department 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 council department prior to reinstatement or reissuance of a license. Sec. 150. Section 125.21, subsection 1, Code 2024, is amended to read as follows: 1. The council department 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
House File 2686, p. 56 rules adopted pursuant to this chapter . The council department 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. 151. Section 125.58, subsection 1, Code 2024, is amended to read as follows: 1. If the department has probable cause to believe that an institution, place, building, or agency not licensed as a substance use disorder treatment and rehabilitation facility is in fact a substance use disorder treatment and rehabilitation facility as defined by this chapter , and is not exempt from licensing by section 125.13, subsection 2 , the council department 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 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. Sec. 152. Section 217.30, subsection 3, Code 2024, is amended to read as follows: 3. Information described in subsection 2 shall not be disclosed to or used by any person except for purposes of administration or evaluation of a program of services or assistance, and shall not, except as provided in subsection 5 , be disclosed to or used by a person outside the department unless the person is subject to standards of confidentiality comparable to those imposed on the department by this section . Sec. 153. Section 217.30, subsection 5, paragraph b, subparagraph (1), Code 2024, is amended to read as follows: (1) Upon written application to and with the approval of the
House File 2686, p. 57 director or the director’s designee, confidential information described in subsection 2 , paragraphs “a” , “b” , and “c” , shall is required to be disclosed within the department and to a public official for use in connection with the department or public official’s duties relating to law enforcement, audits, the support and protection of children and families, and other purposes directly connected with the administration of the programs of services and assistance referred to in this section . Sec. 154. Section 217.34, Code 2024, is amended to read as follows: 217.34 Debt setoff. The investigations division of the department of inspections, appeals, and licensing and the department 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. The department of inspections, appeals, and licensing, with approval of the department, shall adopt rules under chapter 17A necessary to assist the department of revenue in the implementation of the setoff under section 421.65 in regard to money owed to the state for public assistance overpayments or nonpayment of premiums as specified in this section . The department shall adopt rules under chapter 17A necessary to assist the department of revenue in the implementation of the setoff under section 421.65 , in regard to collections by child support services and foster care services . Sec. 155. Section 218.94, subsection 1, paragraph a, Code 2024, is amended to read as follows: a. The director may shall have full power to secure options to purchase real estate, to acquire and sell real estate, and to grant utility easements, for the proper uses of 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
House File 2686, p. 58 proceeds shall be deposited in a health and human services capital reinvestment fund created in the state treasury under the control of the department. There is appropriated from such capital reinvestment fund a sum equal to the proceeds deposited and credited to the capital reinvestment fund to the department, which may be used to purchase other real estate, for capital improvements upon property under the director’s control, or for improvements to property which is owned by the state and utilized by the department. Sec. 156. Section 252I.8, subsection 6, Code 2024, is amended to read as follows: 6. The support obligor may withdraw the request for challenge by submitting a written withdrawal to the person identified as the contact for child support services in the notice or 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. DIVISION XII STATE SALARIES —— APPOINTED STATE OFFICERS Sec. 157. NEW SECTION . 8A.461 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
House File 2686, p. 59 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 annual salary ranges for appointed state officers as specified in paragraphs “b” , “c” , and “d” , are effective for the fiscal year beginning July 1, 2024, effective for the pay period beginning June 21, 2024, and for subsequent fiscal years. 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. b. The following are range one positions: chairperson and members of the employment appeal board of the department of inspections, appeals, and licensing; 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. Range one positions shall be paid in a range set in accordance with pay grade thirty-two of the pay plans published by the department of administrative services pursuant to section 8A.413, subsection 3. c. The following are range two positions: workers’ compensation commissioner, director of the law enforcement academy, consumer advocate, director of the Iowa civil rights commission, and administrator of the public broadcasting division of the department of education. Range two positions shall be paid in a range set in accordance with pay grade thirty-eight of the pay plans published by the department of administrative services pursuant to section 8A.413, subsection
House File 2686, p. 60 3. d. The following are range three positions: superintendent of banking of the department of insurance and financial services, superintendent of credit unions of the department of insurance and financial services, chairperson and members of the utilities board, executive director of the Iowa telecommunications and technology commission, executive director of the state board of regents, lottery administrator of the department of revenue, labor commissioner, state public defender, and state court administrator. Range three positions shall be paid in a range set in accordance with pay grade forty-three of the pay plans published by the department of administrative services pursuant to section 8A.413, subsection 3. Sec. 158. Section 8D.4, Code 2024, is amended to read as follows: 8D.4 Executive director appointed. The commission shall appoint an executive director of the commission, subject to confirmation by the senate. Such individual shall not serve as a member of the commission. The executive director shall serve at the pleasure of the commission. The executive director shall be selected primarily for administrative ability and knowledge in the field, without regard to political affiliation. The governor shall establish the salary of the executive director within the applicable salary range as established by the general assembly section 8A.461 . The salary and support of the executive director shall be paid from funds deposited in the Iowa communications network fund. Sec. 159. Section 20.5, subsection 2, Code 2024, is amended to read as follows: 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 of the executive director within the applicable salary range
House File 2686, p. 61 established by the general assembly . Sec. 160. Section 68B.32, subsection 5, Code 2024, is amended to read as follows: 5. The board shall employ a full-time executive director who shall be the board’s chief administrative officer. The board shall employ or contract for the employment of legal counsel notwithstanding section 13.7 , and any other personnel as may be necessary to carry out the duties of the board. The board’s legal counsel shall be the chief legal officer of the board and shall advise the board on all legal matters relating to the administration of this chapter and chapter 68A . The state may be represented by the board’s legal counsel in any civil action regarding the enforcement of this chapter or chapter 68A , or at the board’s request, the state may be represented by the office of the attorney general. Notwithstanding section 8A.412 , all of the board’s employees, except for the executive director and legal counsel, shall be employed subject to the merit system provisions of chapter 8A, subchapter IV . The salary of the executive director shall be fixed by the board, within the range established by the general assembly section 8A.461 . The salary of the legal counsel shall be fixed by the board, within a salary range established by the department of administrative services for a position requiring similar qualifications and experience. Sec. 161. Section 99G.5, subsection 2, Code 2024, is amended to read as follows: 2. The salary of the lottery administrator shall be set by the governor within the applicable salary range established by the general assembly section 8A.461 . Sec. 162. Section 216B.3A, subsection 1, Code 2024, is amended to read as follows: 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 section 8A.461 . Sec. 163. Section 256.81, subsection 1, Code 2024, is amended to read as follows: 1. The public broadcasting division of the department of
House File 2686, p. 62 education is created. The chief administrative officer of the division is the administrator who shall be appointed by and serve at the pleasure of the Iowa public broadcasting board. The board shall set the division administrator’s salary within the applicable salary range established by the general assembly unless otherwise provided by law section 8A.461 . Educational programming shall be the highest priority of the division. The division shall be governed by the national principles of editorial integrity developed by the editorial integrity project. The director of the department of education and the state board of education are not liable for the activities of the division of public broadcasting. Sec. 164. Section 475A.3, subsection 3, Code 2024, is amended to read as follows: 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 section 8A.461 . 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 commerce revolving fund created in section 546.12 . Sec. 165. Section 524.201, subsection 2, Code 2024, is amended to read as follows: 2. The superintendent shall receive a salary set by the governor within a range established by the general assembly section 8A.461 . Sec. 166. Section 533.104, subsection 2, Code 2024, is amended to read as follows: 2. The superintendent shall receive a salary set by the governor within a range established by the general assembly section 8A.461 . Sec. 167. Section 904A.6, Code 2024, is amended to read as follows: 904A.6 Salaries and expenses. Each member of the board shall be paid a salary as determined set by the general assembly governor within a range established
House File 2686, p. 63 by section 8A.461 . Each member of the board and all employees are entitled to receive, in addition to their salary, their necessary maintenance and travel expenses while engaged in official business. Sec. 168. EFFECTIVE DATE. This division of this Act takes effect June 21, 2024. DIVISION XIII OFFICE FOR STATE-FEDERAL RELATIONS Sec. 169. Section 7F.1, subsection 3, Code 2024, is amended to read as follows: 3. Office established. A state-federal relations office is established as an independent agency. The office shall be located in Washington, D.C., attached to the office of the governor for administrative purposes and shall be administered by the director of the office who is appointed by the governor, subject to confirmation by the senate, and who serves at the pleasure of the governor. The office and its personnel are exempt from the merit system provisions of chapter 8A, subchapter IV . DIVISION XIV HISTORICAL SITES Sec. 170. Section 8A.702, subsection 2, Code 2024, is amended by striking the subsection and inserting in lieu thereof the following: 2. Administer and care for historical sites under the authority of the department and maintain collections within these sites. 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. Sec. 171. Section 8A.702, subsection 4, Code 2024, is amended to read as follows: 4. Develop , in consultation with the state historic preservation officer, standards and criteria for the acquisition of historic properties and for the preservation,
House File 2686, p. 64 restoration, maintenance, operation, and interpretation of properties under the jurisdiction of the department. Sec. 172. Section 15.121, subsection 2, Code 2024, is amended by adding the following new paragraph: NEW PARAGRAPH . e. Developing standards and criteria for the preservation, restoration, and maintenance of historical sites. Sec. 173. Section 15.121, Code 2024, is amended by adding the following new subsection: NEW SUBSECTION . 7. Before modifying a historical site in a manner that could impact a site’s listing on, or eligibility for, the national register of historic places, a state agency which owns, manages, or administers the historical site must consult with the state historic preservation officer to ensure the proper management, maintenance, and development of the site. The state agency and the state historic preservation officer may, at the discretion of the state historic preservation officer, enter into an agreement relating to the proper management, maintenance, and development of the site. The authority may, in consultation with the state historic preservation officer, adopt rules to implement this subsection. ______________________________ PAT GRASSLEY Speaker of the House ______________________________ AMY SINCLAIR President of the Senate I hereby certify that this bill originated in the House and is known as House File 2686, Ninetieth General Assembly. ______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2024 ______________________________ KIM REYNOLDS Governor
feedback