Bill Text: IA SF2385 | 2023-2024 | 90th General Assembly | Amended


Bill Title: A bill for an act relating to boards, commissions, committees, councils, and other entities of state government, and including effective date and transition provisions. (Formerly SSB 3172.) Effective date: 07/01/2024, 07/01/2025.

Spectrum: Committee Bill

Status: (Engrossed) 2024-04-19 - Message from Senate. H.J. 876. [SF2385 Detail]

Download: Iowa-2023-SF2385-Amended.html
Senate File 2385 - Reprinted SENATE FILE 2385 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3172) (As Amended and Passed by the Senate April 10, 2024 ) A BILL FOR An Act relating to boards, commissions, committees, councils, 1 and other entities of state government, and including 2 effective date and transition provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2385 (4) 90 ss/ns/mb
S.F. 2385 DIVISION I 1 ESTABLISHMENT AND REVIEW OF BOARDS, COMMISSIONS, COMMITTEES, 2 AND COUNCILS 3 Section 1. NEW SECTION . 2.69 Definitions. 4 As used in this subchapter, unless the context otherwise 5 requires: 6 1. “Board” means any board, commission, committee, council, 7 panel, review team, or foundation of this state. 8 2. “Committee” means the state government efficiency review 9 committee established pursuant to this subchapter. 10 Sec. 2. NEW SECTION . 2.70 Committee —— duties. 11 1. The committee shall carry out the functions provided in 12 this subchapter. 13 2. Administrative assistance shall be provided by the 14 legislative services agency. 15 Sec. 3. NEW SECTION . 2.71 Board reviews. 16 1. The committee shall review the usefulness, performance, 17 and efficacy of each board as provided in subsection 2. The 18 committee shall hold hearings to receive the testimony of the 19 public, the chief executive officer of the board, and any other 20 person deemed necessary by the committee. After completing a 21 review, the committee shall prepare and publish a report of its 22 findings and recommendations as provided in section 2.72. 23 2. The committee shall establish a schedule for the 24 committee to review each board such that the committee reviews 25 approximately one-fourth of all boards each calendar year. 26 Each board shall be reviewed once between the calendar years 27 2025 and 2029, and once every four years thereafter. The 28 committee may modify the schedule as necessary to facilitate 29 the efficient administration of the committee. 30 3. A board that is scheduled for review shall submit a 31 report to the committee thirty days prior to the date that it 32 is scheduled for review that includes all of the following 33 information: 34 a. The board’s primary purpose and its goals and objectives. 35 -1- SF 2385 (4) 90 ss/ns/mb 1/ 235
S.F. 2385 b. The board’s past and anticipated workload, the number of 1 staff required to complete that workload, and the board’s total 2 number of staff. 3 c. The board’s past and anticipated budgets and its sources 4 of funding. 5 d. The number of members that compose the governing board or 6 other governing entity of the board and member compensation, 7 if any. 8 e. Any other information requested by the committee. 9 4. A board subject to review shall bear the burden of 10 demonstrating to the committee a public need for its continued 11 existence. In determining whether a board has met that 12 burden, the committee shall consider all of the following, as 13 applicable: 14 a. Whether continuation of the board is necessary to protect 15 the health or safety of the public, and if so, the manner in 16 which it is necessary and whether the board’s authority is 17 narrowly tailored to protect against present, recognizable, and 18 significant harms to the health or safety of the public. 19 b. The extent to which the board’s jurisdiction and programs 20 overlap or duplicate those of other boards, the extent to which 21 the board coordinates with those other boards, and the extent 22 to which the board’s programs could be consolidated with the 23 programs of other state departments or boards. 24 c. Whether the operation of the board has inhibited economic 25 growth, reduced efficiency, or increased government costs. 26 d. The cost-effectiveness of the board in terms of the 27 number of employees, services rendered, and administrative 28 costs incurred, both past and present. 29 e. Whether the purpose for which the board was created has 30 been fulfilled, has changed, or no longer exists. 31 Sec. 4. NEW SECTION . 2.72 Reports. 32 1. After completing a review of a board pursuant to section 33 2.71, the committee shall prepare and submit a report of its 34 findings and recommendations by December 21 of each year. 35 -2- SF 2385 (4) 90 ss/ns/mb 2/ 235
S.F. 2385 A report may include findings and recommendations for more 1 than one board. Copies of the report shall be made publicly 2 available on the general assembly’s internet site. 3 2. Recommendations of the committee shall indicate how or 4 whether implementation of the recommendations would do each of 5 the following: 6 a. Improve efficiency in the management of state government. 7 b. Provide for the least restrictive regulations by 8 repealing current regulations and replacing them with less 9 restrictive regulations. 10 c. Improve the effectiveness of the services performed by 11 the boards of the state. 12 d. Avoid duplication of effort by state agencies or boards. 13 e. Improve the organization and coordination of the state 14 government. 15 Sec. 5. NEW SECTION . 2.73 State government efficiency 16 review committee established. 17 1. A state government efficiency review committee is 18 established which shall meet as necessary to efficiently 19 review all boards according to the schedule established by the 20 committee pursuant to section 2.71. 21 2. a. (1) The committee shall consist of two members of 22 the senate appointed by the majority leader of the senate, one 23 member of the senate appointed by the minority leader of the 24 senate, two members of the house of representatives appointed 25 by the speaker of the house of representatives, and one member 26 of the house of representatives appointed by the minority 27 leader of the house of representatives. 28 (2) The following shall serve as ex officio, nonvoting 29 members of the committee: 30 (a) An employee of the office of the governor, appointed by 31 the governor. 32 (b) The director of the department of management or the 33 director’s designee. 34 (c) The director of the department of inspections, appeals, 35 -3- SF 2385 (4) 90 ss/ns/mb 3/ 235
S.F. 2385 and licensing or the director’s designee. 1 b. Members shall be appointed prior to January 31 of the 2 first regular session of each general assembly and shall serve 3 for terms ending upon the convening of the following general 4 assembly or when their successors are appointed, whichever is 5 later. A vacancy shall be filled in the same manner as the 6 original appointment and shall be for the remainder of the 7 unexpired term of the vacancy. 8 c. The committee shall elect a chairperson and vice 9 chairperson. 10 3. The legislative members of the committee shall be 11 reimbursed for actual and necessary expenses incurred in the 12 performance of their duties and shall be paid a per diem as 13 specified in section 2.10 for each day in which they engaged 14 in the performance of their duties. However, per diem 15 compensation and expenses shall not be paid to members of the 16 general assembly when the general assembly is actually in 17 session at the seat of government. Expenses and per diem shall 18 be paid from moneys appropriated pursuant to section 2.12. 19 4. Administrative assistance shall be provided by the 20 legislative services agency. 21 Sec. 6. REPEAL. Sections 2.69 and 3.20, Code 2024, are 22 repealed. 23 Sec. 7. CODE EDITOR DIRECTIVE —— TRANSFERS. 24 1. The Code editor is directed to make the following 25 transfers: 26 a. Section 69.15 to section 2.74. 27 b. Section 69.16 to section 2.75. 28 c. Section 69.16A to section 2.76. 29 d. Section 69.16B to section 2.77. 30 e. Section 69.16C to section 2.78. 31 f. Section 69.16D to section 2.79. 32 g. Section 69.16E to section 2.80. 33 h. Section 69.17 to section 2.81. 34 2. The Code editor shall correct internal references in the 35 -4- SF 2385 (4) 90 ss/ns/mb 4/ 235
S.F. 2385 Code and in any enacted legislation as necessary due to the 1 enactment of this section. 2 DIVISION II 3 PROFESSIONAL BOARDS 4 Sec. 8. Section 10A.503, subsection 1, Code 2024, is amended 5 to read as follows: 6 1. Each board under chapter 100C , 103 , 103A , 105 , or 147 7 that is under the administrative authority of the department 8 shall receive administrative and clerical staff support from 9 the department and may not employ its own support staff for 10 administrative and clerical duties . The executive director 11 of the board of nursing, board of medicine, dental board, 12 and board of pharmacy shall be appointed pursuant to section 13 10A.504 . 14 Sec. 9. Section 10A.504, subsection 1, unnumbered paragraph 15 1, Code 2024, is amended to read as follows: 16 The director shall appoint and supervise a full-time an 17 executive director for each of the following boards: 18 Sec. 10. Section 103.4, Code 2024, is amended to read as 19 follows: 20 103.4 Executive secretary —— staff and duties Support staff . 21 The director shall appoint an executive secretary for the 22 board and shall hire and provide staff to assist the board 23 in administering this chapter . The executive secretary 24 shall report to the director for purposes of routine board 25 administrative functions, and shall report directly to 26 the board for purposes of execution of board policy such 27 as application of licensing criteria and processing of 28 applications. 29 Sec. 11. Section 103.34, subsection 1, Code 2024, is amended 30 to read as follows: 31 1. Upon receipt of a notice of appeal filed pursuant 32 to section 103.33 , the chairperson or executive secretary 33 administrative staff of the board may designate a hearing 34 officer from among the board members to hear the appeal or 35 -5- SF 2385 (4) 90 ss/ns/mb 5/ 235
S.F. 2385 may set the matter for hearing before the full board at its 1 next regular meeting. A majority of the board shall make the 2 decision. 3 Sec. 12. Section 147.80, subsection 3, Code 2024, is amended 4 by striking the subsection. 5 Sec. 13. Section 147.87, Code 2024, is amended to read as 6 follows: 7 147.87 Enforcement. 8 1. A board shall enforce the provisions of this chapter and 9 the board’s enabling statute and for that purpose may request 10 the department of inspections, appeals, and licensing to make 11 necessary investigations. Every licensee and member of a board 12 shall furnish the board or the department of inspections, 13 appeals, and licensing such evidence as the member or licensee 14 may have relative to any alleged violation which is being 15 investigated. 16 2. The department of inspections, appeals, and licensing 17 may administratively close a complaint that does not allege a 18 violation of this chapter, the board’s enabling statute, or a 19 rule of the board. 20 Sec. 14. Section 147.88, Code 2024, is amended to read as 21 follows: 22 147.88 Inspections and investigations. 23 The department of inspections, appeals, and licensing may 24 perform inspections and investigations as required by this 25 subtitle , except inspections and investigations for the board 26 of medicine, board of pharmacy, board of nursing, and the 27 dental board . The department of inspections, appeals, and 28 licensing shall employ personnel related to the inspection and 29 investigative functions. 30 Sec. 15. Section 152.2, Code 2024, is amended to read as 31 follows: 32 152.2 Executive director. 33 The board shall retain a full-time An executive director , 34 who shall be appointed pursuant to section 10A.504 . The 35 -6- SF 2385 (4) 90 ss/ns/mb 6/ 235
S.F. 2385 executive director shall be a registered nurse. The governor, 1 with the approval of the executive council pursuant to section 2 8A.413, subsection 3 , under the pay plan for exempt positions 3 in the executive branch of government, shall set the salary of 4 the executive director. 5 Sec. 16. Section 152E.2, Code 2024, is amended to read as 6 follows: 7 152E.2 Compact administrator. 8 The executive director of the board of nursing, as 9 provided for in section 152.2 , director of the department 10 of inspections, appeals, and licensing, or the director’s 11 designee, shall serve as the compact administrator identified 12 in article VII, paragraph “b” , of the nurse licensure compact 13 contained in section 152E.1 and as the compact administrator 14 identified in article VIII, paragraph “a” , of the advanced 15 practice registered nurse compact contained in section 152E.3 . 16 Sec. 17. Section 153.36, subsection 1, Code 2024, is amended 17 to read as follows: 18 1. Sections 147.44 , 147.48 , 147.49 , 147.53 , and 147.55 , and 19 sections 147.87 through 147.92 shall not apply to the practice 20 of dentistry. 21 Sec. 18. Section 272C.6, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. Disciplinary hearings held pursuant to this chapter 24 shall be heard by the board sitting as the hearing panel, or 25 by an administrative law judge, or by a panel of not less 26 than three board members who are licensed in the profession, 27 or by a panel of not less than three members appointed 28 pursuant to subsection 2 . Notwithstanding chapters 17A and 29 21 a disciplinary hearing shall be open to the public at the 30 discretion of the licensee. 31 Sec. 19. REPEAL. Sections 152.3 and 153.33B, Code 2024, 32 are repealed. 33 DIVISION III 34 SALARIES —— CERTAIN BOARDS AND COUNCILS 35 -7- SF 2385 (4) 90 ss/ns/mb 7/ 235
S.F. 2385 Sec. 20. Section 217.2, subsection 1, Code 2024, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . d. The voting members of the council shall 3 receive an annual salary of ten thousand dollars, which shall 4 be paid from moneys appropriated to the department. 5 Sec. 21. Section 256.5, Code 2024, is amended to read as 6 follows: 7 256.5 Compensation and expenses. 8 The members of the state board shall receive an annual salary 9 of ten thousand dollars and shall be reimbursed for actual and 10 necessary expenses incurred while engaged in their official 11 duties. Members of the state board may also be eligible to 12 receive compensation as provided in section 7E.6 . All expense 13 moneys paid to the members pursuant to this section shall be 14 paid from funds moneys appropriated to the department. 15 Sec. 22. NEW SECTION . 262.3 Salary. 16 The eight members of the state board of regents selected 17 from the state at large shall receive an annual salary of ten 18 thousand dollars, which shall be paid from moneys appropriated 19 to the board. 20 DIVISION IV 21 LICENSURE STUDIES 22 Sec. 23. LICENSURE RENEWAL CYCLES STUDY. The department of 23 inspections, appeals, and licensing shall review all current 24 licensure renewal cycles for professional and occupational 25 licenses issued by a department, board, commission, or other 26 governmental entity. The department shall submit a report, 27 including proposed recommendations for a uniform renewal cycle 28 for all professional and occupational licenses, to the governor 29 and the general assembly by September 30, 2024. 30 Sec. 24. LICENSURE FEE STUDY. 31 1. The department of inspections, appeals, and licensing 32 shall review fees imposed by a department, board, commission, 33 or other governmental entity for the issuance or renewal of a 34 professional or occupational license. The department shall 35 -8- SF 2385 (4) 90 ss/ns/mb 8/ 235
S.F. 2385 evaluate the fees based on the licensure fees imposed in 1 surrounding states and the operational costs of the licensing 2 functions of the entity. 3 2. The department shall submit a report, including proposed 4 fees, to the governor and the general assembly by September 30, 5 2024. 6 DIVISION V 7 ADVISORY BODIES 8 Sec. 25. Section 7E.3, subsection 3, Code 2024, is amended 9 by striking the subsection and inserting in lieu thereof the 10 following: 11 3. Advisory bodies. In addition to any boards, commissions, 12 committees, or councils specifically created by law, establish 13 and utilize other ad hoc advisory committees as determined 14 necessary by the head of the department or independent 15 agency. The department or independent agency shall establish 16 appointment provisions, membership terms, operating guidelines, 17 and any other operational requirements for committees 18 established pursuant to this subsection. Members of committees 19 under this general authority shall serve without compensation 20 but may be reimbursed for actual expenses. 21 Sec. 26. Section 15.105, Code 2024, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 12. The authority may establish and utilize 24 such ad hoc advisory committees as determined necessary by 25 the authority. The authority shall establish appointment 26 provisions, membership terms, operating guidelines, and any 27 other operational requirements for committees established 28 pursuant to this subsection. Members of committees established 29 pursuant to this subsection shall serve without compensation 30 but may be reimbursed for actual expenses. 31 Sec. 27. NEW SECTION . 152.3A Advisory committees. 32 The board may establish and utilize such ad hoc advisory 33 committees as determined necessary by the board. The board 34 shall establish appointment provisions, membership terms, 35 -9- SF 2385 (4) 90 ss/ns/mb 9/ 235
S.F. 2385 operating guidelines, and any other operational requirements 1 for committees established pursuant to this section. Members 2 of committees established pursuant to this section shall serve 3 without compensation but may be reimbursed for actual expenses. 4 Sec. 28. Section 153.33, subsection 1, Code 2024, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . f. To establish and utilize such ad hoc 7 advisory committees as determined necessary by the board, 8 including an advisory committee on the practice of dental 9 hygiene. The board shall establish appointment provisions, 10 membership terms, operating guidelines, and any other 11 operational requirements for committees established pursuant 12 to this paragraph. Members of committees established pursuant 13 to this paragraph shall serve without compensation but may be 14 reimbursed for actual expenses. 15 Sec. 29. Section 256.7, Code 2024, is amended by adding the 16 following new subsection: 17 NEW SUBSECTION . 35. Establish and utilize such ad hoc 18 advisory committees as determined necessary by the state 19 board. The state board shall establish appointment provisions, 20 membership terms, operating guidelines, and any other 21 operational requirements for committees established pursuant to 22 this subsection. Members of committees established pursuant 23 to this subsection shall serve without compensation but may be 24 reimbursed for actual expenses. 25 Sec. 30. Section 307A.2, Code 2024, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7. Establish and utilize such ad hoc 28 advisory committees as determined necessary by the commission. 29 The commission shall establish appointment provisions, 30 membership terms, operating guidelines, and any other 31 operational requirements for committees established pursuant to 32 this subsection. Members of committees established pursuant 33 to this subsection shall serve without compensation but may be 34 reimbursed for actual expenses. 35 -10- SF 2385 (4) 90 ss/ns/mb 10/ 235
S.F. 2385 Sec. 31. Section 455A.5, subsection 6, Code 2024, is amended 1 by adding the following new paragraph: 2 NEW PARAGRAPH . g. Establish and utilize such ad hoc 3 advisory committees as determined necessary by the commission. 4 The commission shall establish appointment provisions, 5 membership terms, operating guidelines, and any other 6 operational requirements for committees established pursuant 7 to this paragraph. Members of committees established pursuant 8 to this paragraph shall serve without compensation but may be 9 reimbursed for actual expenses. 10 Sec. 32. Section 455A.6, subsection 6, Code 2024, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . e. Establish and utilize such ad hoc 13 advisory committees as determined necessary by the commission. 14 The commission shall establish appointment provisions, 15 membership terms, operating guidelines, and any other 16 operational requirements for committees established pursuant 17 to this paragraph. Members of committees established pursuant 18 to this paragraph shall serve without compensation but may be 19 reimbursed for actual expenses. 20 Sec. 33. Section 904.105, Code 2024, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 9A. Establish and utilize such ad hoc 23 advisory committees as determined necessary by the board. The 24 board shall establish appointment provisions, membership terms, 25 operating guidelines, and any other operational requirements 26 for committees established pursuant to this subsection. 27 Members of committees established pursuant to this subsection 28 shall serve without compensation but may be reimbursed for 29 actual expenses. 30 DIVISION VI 31 ELECTRONIC MEETINGS 32 Sec. 34. Section 21.8, subsection 1, unnumbered paragraph 33 1, Code 2024, is amended to read as follows: 34 A governmental body may conduct a meeting by electronic 35 -11- SF 2385 (4) 90 ss/ns/mb 11/ 235
S.F. 2385 means only in circumstances where such a meeting in person is 1 impossible or impractical and only if the governmental body 2 complies shall provide for hybrid meetings, teleconference 3 participation, virtual meetings, remote participation, and 4 other hybrid options for the members of the governmental body 5 to participate in official meetings. A governmental body 6 conducting a meeting pursuant to this subsection shall comply 7 with all of the following: 8 Sec. 35. Section 21.8, subsection 1, paragraph c, Code 2024, 9 is amended to read as follows: 10 c. Minutes are kept of the meeting. The minutes shall 11 include a statement explaining why a meeting in person was 12 impossible or impractical. 13 Sec. 36. Section 21.8, Code 2024, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION . 4. For the purposes of this section: 16 a. “Hybrid meeting” means a meeting involving both remote 17 participation and in-person participation by members. 18 b. “Remote participation” means real-time participation by 19 a remotely located individual in a meeting which is being held 20 in a different physical location using integrated audio, video, 21 and other digital tools. 22 c. “Teleconference participation” means participation using 23 audio conference tools involving multiple participants in at 24 least two separate locations. 25 d. “Virtual meeting” means a meeting involving real-time 26 interaction using integrated audio, video, and other digital 27 tools, in which participants do not share a physical location. 28 DIVISION VII 29 MEETINGS —— GENERAL 30 Sec. 37. Section 5.3, Code 2024, is amended to read as 31 follows: 32 5.3 Organization. 33 The commissioners shall meet at the state capitol at least 34 once in two years as necessary and shall organize by the 35 -12- SF 2385 (4) 90 ss/ns/mb 12/ 235
S.F. 2385 election of one of their number as chairperson and another 1 as secretary, who shall hold their respective offices for a 2 term of two years and until their successors are elected and 3 qualified. 4 Sec. 38. Section 8A.606, Code 2024, is amended to read as 5 follows: 6 8A.606 Meetings. 7 The commission shall have its offices at the seat of 8 government but may hold meetings in other locations. The 9 commission shall meet quarterly and at the call of the 10 chairperson. 11 Sec. 39. Section 8A.616, subsection 4, Code 2024, is amended 12 to read as follows: 13 4. Meetings. The board shall meet at least three times 14 annually and at the call of the chair. At least one meeting 15 annually shall be held outside the state capital or in 16 conjunction with a meeting of a relevant statewide professional 17 organization. 18 Sec. 40. Section 10A.601, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. The members of the appeal board shall select a 21 chairperson and vice chairperson from their membership. The 22 appeal board shall meet at least once per month but may meet 23 as often as necessary. Meetings shall be set by a majority of 24 the appeal board or upon the call of the chairperson, or in the 25 chairperson’s absence, upon the call of the vice chairperson. 26 The employment appeal board, subject to the approval of the 27 director, may appoint personnel necessary for carrying out its 28 functions and duties. 29 Sec. 41. Section 13A.5, Code 2024, is amended to read as 30 follows: 31 13A.5 Meetings. 32 The council shall meet at least four times each year and 33 shall hold meetings when called by the chairperson, or in the 34 absence of the chairperson, by the vice chairperson or when 35 -13- SF 2385 (4) 90 ss/ns/mb 13/ 235
S.F. 2385 called by the chairperson upon the written request of three 1 members of the council. The council shall establish its own 2 procedures and requirements with respect to quorum, place , and 3 conduct of its meetings and other matters. 4 Sec. 42. Section 23.3, subsection 7, Code 2024, is amended 5 to read as follows: 6 7. The board shall meet at least quarterly and at the call 7 of the chairperson. 8 Sec. 43. Section 24.26, subsection 2, Code 2024, is amended 9 to read as follows: 10 2. The annual meeting of the state board shall be held on 11 the second Tuesday of January in each year meet as necessary . 12 At each annual meeting the The state board shall organize by 13 the election from its members of a chairperson and a vice 14 chairperson; and by appointing a secretary. Two members of 15 the state board constitute a quorum for the transaction of any 16 business. 17 Sec. 44. Section 47.8, subsection 1, unnumbered paragraph 18 1, Code 2024, is amended to read as follows: 19 A state voter registration commission is established which 20 shall meet at least quarterly as necessary to make and review 21 policy, adopt rules, and establish procedures to be followed by 22 the registrar in discharging the duties of that office, and to 23 promote interagency cooperation and planning. 24 Sec. 45. Section 80B.9, Code 2024, is amended to read as 25 follows: 26 80B.9 Meetings. 27 The council shall meet at least four times each year and 28 shall hold special meetings when called by the chairperson or, 29 in the absence of the chairperson, by the vice chairperson, 30 or by the chairperson upon written request of five members 31 of the council. The council shall establish procedures and 32 requirements with respect to quorum, place, and conduct of 33 meetings. 34 Sec. 46. Section 99D.6, subsection 1, Code 2024, is amended 35 -14- SF 2385 (4) 90 ss/ns/mb 14/ 235
S.F. 2385 to read as follows: 1 1. The commission shall have its headquarters in the city of 2 Des Moines and shall meet in July of each year and at other such 3 times and places as it finds necessary for the discharge of its 4 duties. The commission shall elect in July of each year one of 5 its members as chairperson for the succeeding year. 6 Sec. 47. Section 99G.8, subsection 11, Code 2024, is amended 7 to read as follows: 8 11. The board shall meet at least quarterly and at such 9 other times upon call of the chairperson or the chief executive 10 officer. Notice of the time and place of each board meeting 11 shall be given to each member. The board shall also meet upon 12 call of three or more of the board members. The board shall 13 keep accurate and complete records of all its meetings. 14 Sec. 48. Section 103.2, subsection 3, paragraph b, Code 15 2024, is amended to read as follows: 16 b. The board shall hold at least one meeting quarterly at 17 the location of the board’s principal office, and meetings 18 Meetings shall be called at other times as needed by the 19 chairperson or four members of the board. At any meeting of 20 the board, a majority of members constitutes a quorum. 21 Sec. 49. Section 103.34, subsection 1, Code 2024, is amended 22 to read as follows: 23 1. Upon receipt of a notice of appeal filed pursuant to 24 section 103.33 , the chairperson or executive secretary of the 25 board may designate a hearing officer from among the board 26 members to hear the appeal or may set the matter for hearing 27 before the full board at its next regular scheduled meeting. A 28 majority of the board shall make the decision. 29 Sec. 50. Section 123.6, Code 2024, is amended to read as 30 follows: 31 123.6 Commission meetings. 32 The commission shall meet on or before July 1 of each year 33 for the purpose of selecting one of its members as chairperson 34 for the succeeding year. The commission shall otherwise meet 35 -15- SF 2385 (4) 90 ss/ns/mb 15/ 235
S.F. 2385 quarterly or at the call of the chairperson or director or when 1 three members file a written request for a meeting. Written 2 notice of the time and place of each meeting shall be given to 3 each member of the commission. A majority of the commission 4 members shall constitute a quorum. 5 Sec. 51. Section 124E.5, subsection 2, Code 2024, is amended 6 to read as follows: 7 2. The medical cannabidiol board shall convene at least 8 twice per year as necessary . 9 Sec. 52. Section 169.5, subsections 3 and 4, Code 2024, are 10 amended to read as follows: 11 3. The board shall meet at least once each year as 12 determined by the board. Other necessary Necessary meetings 13 may be called by the president of the board by giving 14 proper notice. Except as provided, a majority of the board 15 constitutes a quorum. Meetings shall be open and public except 16 that the board may meet in closed session to prepare, approve, 17 administer, or grade examinations, or to deliberate the 18 qualifications of an applicant for license or the disposition 19 of a proceeding to discipline a licensed veterinarian. 20 4. At its annual meeting, the The board shall organize 21 by electing a president and such other officers as may be 22 necessary. Officers of the board serve for terms of one year 23 and until a successor is elected, without limitation on the 24 number of terms an officer may serve. The president shall 25 serve as chairperson of board meetings. The person designated 26 as the state veterinarian shall serve as secretary of the 27 board. 28 Sec. 53. Section 182.13, Code 2024, is amended to read as 29 follows: 30 182.13 Compensation —— meetings. 31 Members of the board may receive payment for their 32 actual expenses and travel in performing official board 33 functions. Payment shall be made from amounts collected from 34 the assessment. No member of the board shall be a salaried 35 -16- SF 2385 (4) 90 ss/ns/mb 16/ 235
S.F. 2385 employee of the board or any organization or agency receiving 1 funds from the board. The board shall meet at least once every 2 three months, and at other such times as it deems necessary. 3 Sec. 54. Section 184.7, subsection 4, Code 2024, is amended 4 to read as follows: 5 4. The council shall meet at least once every three 6 months and at other such times as the council determines are 7 necessary. 8 Sec. 55. Section 185.14, Code 2024, is amended to read as 9 follows: 10 185.14 Compensation —— meetings. 11 Each director of the board shall receive a per diem of one 12 hundred dollars and actual expenses in performing official 13 board functions, notwithstanding section 7E.6 . A director of 14 the board shall not be a salaried employee of the board or 15 any organization or agency which is receiving moneys from the 16 board. The board shall meet at least four times each year as 17 necessary . 18 Sec. 56. Section 185C.14, subsection 3, Code 2024, is 19 amended to read as follows: 20 3. The board shall meet at least three times each year, and 21 at such other times as deemed necessary by the board. 22 Sec. 57. Section 186.1, Code 2024, is amended to read as 23 follows: 24 186.1 Meetings and organization of society. 25 The Iowa state horticulture society shall hold meetings each 26 year, at times as it may fix, as necessary for the transaction 27 of business. The officers and board of directors of the 28 society shall be chosen as provided for in the constitution 29 of the society, for the period and in the manner prescribed 30 therein, but the secretary of agriculture or the secretary’s 31 designee shall be a member of the board of directors and of 32 the executive committee. Any vacancy in the offices filled by 33 the society may be filled by the executive committee for the 34 unexpired portion of the term. 35 -17- SF 2385 (4) 90 ss/ns/mb 17/ 235
S.F. 2385 Sec. 58. Section 217.4, Code 2024, is amended to read as 1 follows: 2 217.4 Meetings of council. 3 The council shall meet at least monthly. Additional 4 meetings Meetings shall be called by the chairperson or upon 5 written request of any three council members as necessary to 6 carry out the duties of the council. The chairperson shall 7 preside at all meetings or in the absence of the chairperson 8 the vice chairperson shall preside. The members of the council 9 shall be paid a per diem as specified in section 7E.6 and their 10 reasonable and necessary expenses. 11 Sec. 59. Section 237.16, subsection 2, Code 2024, is amended 12 to read as follows: 13 2. The members of the state board shall annually select a 14 chairperson, vice chairperson, and other officers the members 15 deem necessary. The members may be entitled to receive 16 reimbursement for actual and necessary expenses incurred in 17 the performance of their duties, subject to available funding. 18 Each member of the board may also be eligible to receive 19 compensation as provided in section 7E.6 . The state board 20 shall meet at least twice a year as necessary . 21 Sec. 60. Section 256.32, subsection 3, Code 2024, is amended 22 to read as follows: 23 3. The duties of the council are to review, develop, 24 and recommend standards for secondary and postsecondary 25 agricultural education. The council shall annually issue a 26 report to the state board of education and the chairpersons 27 of the house and senate agriculture and education committees 28 regarding both short-term and long-term curricular standards 29 for agricultural education and the council’s activities. The 30 council shall meet a minimum of twice annually as necessary , 31 and must have a quorum consisting of a majority of voting 32 members present to hold an official meeting and to take any 33 final council action. However, hearings may be held without 34 a quorum. The chairperson shall be elected annually by and 35 -18- SF 2385 (4) 90 ss/ns/mb 18/ 235
S.F. 2385 from the voting membership. The initial organizational meeting 1 shall be called by the director of the department of education. 2 Sec. 61. Section 256.83, subsection 1, Code 2024, is amended 3 to read as follows: 4 1. The board shall elect from among its members a president 5 and a vice president to serve a one-year term. The board 6 shall meet at least four times annually and shall hold special 7 meetings at the call of the president or in the absence of 8 the president by the vice president or by the president upon 9 written request of four members. The board shall establish 10 procedures and requirements relating to quorum, place, and 11 conduct of meetings. 12 Sec. 62. Section 256I.3, subsection 4, Code 2024, is amended 13 to read as follows: 14 4. The state board shall elect a chairperson from among the 15 citizen members and may select other officers from the voting 16 members as determined to be necessary by the board. The board 17 shall meet regularly as determined by the board, upon the call 18 of the board’s chairperson, or upon the call of a majority of 19 voting members. The board shall meet at least quarterly. 20 Sec. 63. Section 262.8, Code 2024, is amended to read as 21 follows: 22 262.8 Meetings. 23 The board shall meet four times a year. Special meetings 24 Meetings may be called by the board, by the president of the 25 board, or by the executive director of the board upon written 26 request of any five members thereof. 27 Sec. 64. Section 267.5, subsection 2, Code 2024, is amended 28 to read as follows: 29 2. Hold a meeting twice each year Meet as necessary at Iowa 30 state university of science and technology. The council shall 31 meet with the faculty of the college of veterinary medicine. 32 The council may hold other such meetings as the council may 33 determine necessary, or as required by section 267.6 . An 34 action taken by the council shall not be valid unless agreed to 35 -19- SF 2385 (4) 90 ss/ns/mb 19/ 235
S.F. 2385 by a majority of the council members. 1 Sec. 65. Section 455A.5, subsection 4, Code 2024, is amended 2 to read as follows: 3 4. The commission shall hold an organizational meeting 4 within thirty days of the beginning of a new regular term for 5 one or more of its members. The commission shall organize by 6 electing a chairperson, vice chairperson, secretary, and any 7 other officers deemed necessary or desirable. The commission 8 shall also meet at least quarterly throughout the year as 9 necessary . 10 Sec. 66. Section 455A.6, subsection 4, Code 2024, is amended 11 to read as follows: 12 4. The commission shall hold an organizational meeting 13 within thirty days of the beginning of a new regular term for 14 one or more of its members. The commission shall organize by 15 electing a chairperson, vice chairperson, secretary, and any 16 other officers deemed necessary or desirable. The commission 17 shall also meet at least quarterly throughout the year as 18 necessary . 19 Sec. 67. Section 465C.5, Code 2024, is amended to read as 20 follows: 21 465C.5 Organization. 22 The board shall organize annually by the election of a 23 chairperson. The board shall meet annually and at such other 24 times as it deems necessary. Meetings may be called by the 25 chairperson, and shall be called by the chairperson on the 26 request of three members of the board. 27 Sec. 68. Section 466B.3, subsection 5, paragraph a, Code 28 2024, is amended to read as follows: 29 a. The council shall be convened by the secretary of 30 agriculture at least quarterly as necessary . 31 Sec. 69. Section 481A.10A, subsection 3, Code 2024, is 32 amended to read as follows: 33 3. The committee shall meet with a representative of the 34 department of natural resources on a semiannual basis as 35 -20- SF 2385 (4) 90 ss/ns/mb 20/ 235
S.F. 2385 necessary . The committee shall serve without compensation or 1 reimbursement for expenses. 2 Sec. 70. Section 524.205, subsection 5, Code 2024, is 3 amended to read as follows: 4 5. The state banking council shall meet at least once each 5 calendar quarter on such date and at such place as the council 6 may decide, and shall meet at such other times as may be deemed 7 necessary by the superintendent or a majority of the council 8 members. 9 Sec. 71. Section 533.107, subsection 3, Code 2024, is 10 amended to read as follows: 11 3. The review board shall meet at least four times each year 12 and shall hold special meetings at the call of the chairperson. 13 Four members constitute a quorum. 14 Sec. 72. Section 542B.9, Code 2024, is amended to read as 15 follows: 16 542B.9 Organization of the board —— staff. 17 The board shall elect annually from its members a 18 chairperson and a vice chairperson. The director of the 19 department of inspections, appeals, and licensing shall 20 hire and provide staff to assist the board in implementing 21 this chapter . The board shall hold at least one meeting at 22 the location of the board’s principal office, and meetings 23 Meetings shall be called at other times by the director or the 24 director’s designee at the request of the chairperson or four 25 members of the board. At any meeting of the board, a majority 26 of members constitutes a quorum. 27 Sec. 73. Section 543B.50, Code 2024, is amended to read as 28 follows: 29 543B.50 Meetings. 30 The real estate commission shall hold at least one meeting 31 per year meet as necessary at the location of the commission’s 32 principal office and shall elect a chairperson annually. A 33 majority of the members of the commission shall constitute a 34 quorum. 35 -21- SF 2385 (4) 90 ss/ns/mb 21/ 235
S.F. 2385 Sec. 74. Section 543D.4, subsection 7, Code 2024, is amended 1 to read as follows: 2 7. The board shall meet at least once each calendar quarter 3 as necessary to conduct its business. 4 Sec. 75. Section 904.106, Code 2024, is amended to read as 5 follows: 6 904.106 Meetings —— expenses. 7 The board shall meet at least quarterly throughout the year. 8 Special meetings Meetings may be called by the chairperson 9 or upon written request of any three members of the board. 10 The chairperson shall preside at all meetings or in the 11 chairperson’s absence, the vice chairperson shall preside. The 12 members of the board shall be paid their actual expenses while 13 attending the meetings. Each member of the board may also be 14 able to receive compensation as provided in section 7E.6 . 15 Sec. 76. Section 905.3, subsection 1, paragraph b, Code 16 2024, is amended to read as follows: 17 b. The district advisory board shall meet not more often 18 than quarterly during the calendar year as necessary . 19 DIVISION VIII 20 REORGANIZATION 21 Sec. 77. Section 7E.5, subsection 2, paragraph a, Code 2024, 22 is amended to read as follows: 23 a. There is a civil rights commission, a public employment 24 relations board, an interstate cooperation commission, an Iowa 25 ethics and campaign disclosure board, an Iowa utilities board, 26 and an Iowa law enforcement academy. 27 Sec. 78. Section 8A.201, subsection 3, paragraph b, Code 28 2024, is amended to read as follows: 29 b. Materials excluded from this definition by the commission 30 through the adoption and enforcement of rules rule . 31 Sec. 79. Section 8A.203, subsections 3 and 4, Code 2024, are 32 amended to read as follows: 33 3. The commission shall adopt provide advice and 34 recommendations on the adoption of rules under chapter 17A by 35 -22- SF 2385 (4) 90 ss/ns/mb 22/ 235
S.F. 2385 the department for carrying out the responsibilities of the 1 department as it relates to library services duties of the 2 department. 3 4. Advise The commission shall advise the department and the 4 state librarian concerning the library services duties of the 5 department. 6 Sec. 80. Section 8A.206, subsection 2, paragraphs a and d, 7 Code 2024, are amended to read as follows: 8 a. Operate the law library which shall be maintained in the 9 state capitol or in rooms convenient to the state supreme court 10 and which shall be available for free use by the residents of 11 Iowa under rules the commission department adopts. 12 d. Perform other duties imposed by law or by the rules of 13 the commission department . 14 Sec. 81. Section 8A.207, subsection 1, Code 2024, is amended 15 to read as follows: 16 1. Manage the state data center program to make United 17 States census data available to the residents of Iowa under 18 rules the commission department adopts. 19 Sec. 82. Section 8A.209, subsection 1, Code 2024, is amended 20 to read as follows: 21 1. An enrich Iowa program is established in the department 22 to provide direct state assistance to public libraries, to 23 support the open access and access plus programs, to provide 24 public libraries with an incentive to improve library services 25 that are in compliance with performance measures, and to 26 reduce inequities among communities in the delivery of library 27 services based on performance measures adopted by rule by the 28 commission department . The commission department shall adopt 29 rules governing the allocation of funds moneys appropriated by 30 the general assembly for purposes of this section to provide 31 direct state assistance to eligible public libraries. A public 32 library is eligible for funds moneys under this subchapter 33 if it is in compliance with the commission’s department’s 34 performance measures. 35 -23- SF 2385 (4) 90 ss/ns/mb 23/ 235
S.F. 2385 Sec. 83. Section 8A.412, subsection 11, Code 2024, is 1 amended to read as follows: 2 11. Professional employees under the supervision of the 3 attorney general, the state public defender, the secretary of 4 state, the auditor of state, and the treasurer of state , and 5 the public employment relations board . 6 Sec. 84. Section 8A.415, subsection 1, paragraph b, Code 7 2024, is amended to read as follows: 8 b. If not satisfied, the employee may, within thirty 9 calendar days following the director’s response, file an appeal 10 with the public employment relations appeal board. The hearing 11 shall be conducted in accordance with the rules of the public 12 employment relations appeal board and the Iowa administrative 13 procedure Act, chapter 17A . Decisions rendered shall be based 14 upon a standard of substantial compliance with this subchapter 15 and the rules of the department. Decisions by the public 16 employment relations appeal board constitute final agency 17 action. 18 Sec. 85. Section 8A.415, subsection 2, paragraph b, Code 19 2024, is amended to read as follows: 20 b. If not satisfied, the employee may, within thirty 21 calendar days following the director’s response, file an 22 appeal with the public employment relations appeal board. The 23 employee has the right to a hearing closed to the public, 24 unless a public hearing is requested by the employee. The 25 hearing shall otherwise be conducted in accordance with the 26 rules of the public employment relations appeal board and the 27 Iowa administrative procedure Act, chapter 17A . If the public 28 employment relations appeal board finds that the action taken 29 by the appointing authority was for political, religious, 30 racial, national origin, sex, age, or other reasons not 31 constituting just cause, the employee may be reinstated without 32 loss of pay or benefits for the elapsed period, or the public 33 employment relations appeal board may provide other appropriate 34 remedies. Decisions by the public employment relations appeal 35 -24- SF 2385 (4) 90 ss/ns/mb 24/ 235
S.F. 2385 board constitute final agency action. 1 Sec. 86. Section 8A.703, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. A state historical society board of trustees is 4 established consisting of twelve seven members selected as 5 follows: 6 a. Three Two members shall be elected by the members of the 7 state historical society according to rules established by the 8 board of trustees. 9 b. The governor shall appoint one member from each of the 10 state’s congressional districts established under section 40.1 . 11 c. b. The governor shall appoint five members from the 12 state at large, considering but not requiring geographical 13 diversity, at least two one of whom shall be on the faculty of 14 a college or university in the state engaged in a discipline 15 related to the activities of the historical society. 16 Sec. 87. Section 8A.707, subsection 1, Code 2024, is amended 17 by adding the following new paragraphs: 18 NEW PARAGRAPH . f. Serve as the central advisory body for 19 historical records planning in the state and as a coordinating 20 body to facilitate cooperation among historical records 21 repositories and other information agencies within the state. 22 NEW PARAGRAPH . g. Serve as a state level review body 23 for grant proposals submitted to the national historical 24 publications and records commission. 25 Sec. 88. Section 8A.707, Code 2024, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 4. The state historical society board of 28 trustees may: 29 a. Serve in an advisory capacity to the state records 30 commission, the state archives and records program, and other 31 statewide archival or records agencies. 32 b. Seek moneys from the national historical publications 33 and records commission or other grant-funding bodies for 34 sponsoring and publishing surveys of the conditions and needs 35 -25- SF 2385 (4) 90 ss/ns/mb 25/ 235
S.F. 2385 of historical records in the state; for developing, revising, 1 and distributing funding priorities for historical records 2 projects in Iowa; for implementing projects to be carried out 3 in the state for the preservation of historical records and 4 publications; or for reviewing, through reports and otherwise, 5 the operation and progress of records projects in the state. 6 Sec. 89. Section 8D.3, subsection 3, paragraphs b and d, 7 Code 2024, are amended to read as follows: 8 b. Adopt rules pursuant to chapter 17A as deemed appropriate 9 and necessary, and directly related to the implementation 10 and administration of the duties of the commission. 11 The commission, in consultation with the department of 12 administrative services, shall also adopt and provide for 13 standard communications procedures and policies relating to 14 the use of the network which recognize, at a minimum, the need 15 for reliable communications services. Provide advice and 16 recommendations to the director for the adoption of rules as 17 provided in section 8D.4. 18 d. Review and approve for adoption, rules as proposed 19 and submitted by an authorized user group necessary for the 20 authorized user group’s access and use of the network. The 21 commission may refuse to approve and adopt a proposed rule, 22 and upon such refusal, shall return the proposed rule to the 23 respective authorized user group proposing the rule with a 24 statement indicating the commission’s reason for refusing to 25 approve and adopt the rule. Provide advice and recommendations 26 to the director for the review and adoption of rules proposed 27 and submitted by an authorized user group. 28 Sec. 90. Section 8D.4, Code 2024, is amended to read as 29 follows: 30 8D.4 Executive director appointed. 31 1. The commission governor shall appoint an executive 32 director of the commission, subject to confirmation by the 33 senate. Such individual shall not serve as a member of the 34 commission. The executive director shall serve at the pleasure 35 -26- SF 2385 (4) 90 ss/ns/mb 26/ 235
S.F. 2385 of the commission governor . The executive director shall be 1 selected primarily for administrative ability and knowledge 2 in the field, without regard to political affiliation. The 3 governor shall establish the salary of the executive director 4 within the applicable salary range as established by the 5 general assembly. The salary and support of the executive 6 director shall be paid from funds moneys deposited in the Iowa 7 communications network fund. 8 2. The director shall adopt rules pursuant to chapter 17A 9 for the implementation and administration of the duties of the 10 commission. The director, in consultation with the department 11 of administrative services, shall also adopt and provide for 12 standard communications procedures and policies relating to the 13 use of the network which recognize, at a minimum, the need for 14 reliable communications services. The director shall review 15 and approve for adoption rules as proposed and submitted by 16 an authorized user group necessary for the authorized user 17 group’s access and use of the network. The director may refuse 18 to approve and adopt a proposed rule, and upon such refusal, 19 shall return the proposed rule to the respective authorized 20 user group proposing the rule with a statement indicating the 21 director’s reason for refusing to approve and adopt the rule. 22 Sec. 91. Section 8D.9, subsection 2, paragraph b, Code 2024, 23 is amended to read as follows: 24 b. A private or public agency, other than an institution 25 under the control of the state board of regents, a private 26 college or university, or a nonpublic school, shall petition 27 the commission for a waiver of the requirement to use the 28 network as provided in paragraph “a” , if the agency determines 29 that paragraph “a” , subparagraph (1) or (2) , applies. The 30 commission director shall establish by rule a review process 31 for determining, upon application of an authorized user, 32 whether paragraph “a” , subparagraph (1) or (2) , applies. An 33 authorized user found by the commission to be under contract 34 for such services as provided in paragraph “a” , subparagraph 35 -27- SF 2385 (4) 90 ss/ns/mb 27/ 235
S.F. 2385 (2), shall not enter into another contract upon the expiration 1 of such contract, but shall utilize the network for such 2 services as provided in this section unless paragraph “a” , 3 subparagraph (1), applies. A waiver approved by the commission 4 may be for a period as requested by the private or public 5 agency of up to three years. 6 Sec. 92. Section 10A.104, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. Appoint the administrators of the divisions within 9 the department and all other personnel deemed necessary for 10 the administration of this chapter , except the state public 11 defender, assistant state public defenders, administrator of 12 the racing and gaming commission, labor commissioner, workers’ 13 compensation commissioner, director of the Iowa state office of 14 civil rights commission , and members of the employment appeal 15 board. All persons appointed and employed in the department 16 are covered by the provisions of chapter 8A, subchapter IV , but 17 persons not appointed by the director are exempt from the merit 18 system provisions of chapter 8A, subchapter IV . 19 Sec. 93. Section 10A.506, subsection 1, paragraph a, 20 subparagraph (7), Code 2024, is amended by striking the 21 subparagraph. 22 Sec. 94. Section 12.72, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. A vision Iowa fund is created and established as a 25 separate and distinct fund in the state treasury. The moneys 26 in the fund are appropriated to the enhance Iowa economic 27 development authority board for purposes of the vision Iowa 28 program established in section 15F.302 . Moneys in the fund 29 shall not be subject to appropriation for any other purpose by 30 the general assembly, but shall be used only for the purposes 31 of the vision Iowa fund. The treasurer of state shall act as 32 custodian of the fund and disburse moneys contained in the 33 fund as directed by the enhance Iowa economic development 34 authority board, including automatic disbursements of funds 35 -28- SF 2385 (4) 90 ss/ns/mb 28/ 235
S.F. 2385 received pursuant to the terms of bond indentures and documents 1 and security provisions to trustees. The fund shall be 2 administered by the enhance Iowa economic development authority 3 board which shall make expenditures from the fund consistent 4 with the purposes of the vision Iowa program without further 5 appropriation. An applicant under the vision Iowa program 6 shall not receive more than seventy-five million dollars in 7 financial assistance from the fund. 8 Sec. 95. Section 12.75, subsection 1, Code 2024, is amended 9 to read as follows: 10 1. The enhance Iowa economic development authority board 11 may undertake a project for two or more applicants jointly 12 or for any combination of applicants, and may combine for 13 financing purposes, with the consent of all of the applicants 14 which are involved, the project and some or all future projects 15 of any applicant, and section 12.71, Code 2020 , sections 12.72 16 and 12.74 , this section , and sections 12.76 and 12.77 apply to 17 and for the benefit of the enhance Iowa economic development 18 authority board and the joint applicants. However, the money 19 set aside in a fund or funds pledged for any series or issue 20 of bonds or notes shall be held for the sole benefit of the 21 series or issue separate and apart from money pledged for 22 another series or issue of bonds or notes of the treasurer 23 of state. To facilitate the combining of projects, bonds or 24 notes may be issued in series under one or more resolutions or 25 trust agreements and may be fully open-ended, thus providing 26 for the unlimited issuance of additional series, or partially 27 open-ended, limited as to additional series. 28 Sec. 96. Section 12B.10, subsection 7, unnumbered paragraph 29 1, Code 2024, is amended to read as follows: 30 Notwithstanding sections 12C.2 , 12C.4 , 12C.6 , 12C.6A , 31 and any other provision of law relating to the deposits of 32 public funds, if public funds are deposited in a depository, 33 as defined in section 12C.1 , any uninsured portion of the 34 public funds invested through the depository may be invested 35 -29- SF 2385 (4) 90 ss/ns/mb 29/ 235
S.F. 2385 in insured deposits or certificates of deposit arranged by 1 the depository that are placed in or issued by one or more 2 federally insured banks or savings associations regardless of 3 location for the account of the public funds depositor if all 4 of the following requirements are satisfied: 5 Sec. 97. Section 12C.6, subsection 2, paragraphs a, c, d, e, 6 and f, Code 2024, are amended to read as follows: 7 a. A committee composed of the superintendent of banking, 8 the superintendent of credit unions, the auditor of state or 9 a designee, and the treasurer of state shall meet on or about 10 the first of each month or at other times as the committee 11 may prescribe and by majority action The treasurer of state, 12 in consultation with subject matter experts as needed, shall 13 establish a minimum rate to be earned on state funds placed in 14 time deposits. 15 c. An interest rate established by the committee treasurer 16 of state under this section shall be in effect commencing 17 on the eighth calendar day following the day the rate is 18 established and until a different rate is established and takes 19 effect. 20 d. The committee treasurer of state shall give advisory 21 notice of an interest rate established under this section . 22 This notice may be given by publication in one or more 23 newspapers, by publication in the Iowa administrative bulletin, 24 by ordinary mail to persons directly affected, by any other 25 method determined by the committee treasurer of state , or by 26 a combination of these. In all cases, the notice shall be 27 published in the Iowa administrative bulletin. 28 e. The notice shall contain the following words: 29 The rate of interest has been determined by a committee the 30 treasurer of state of the state of Iowa to be the minimum 31 interest rate that shall be paid on public funds deposited in 32 approved financial institutions. To be eligible to accept 33 deposits of public funds of the state of Iowa, a financial 34 institution shall demonstrate a commitment to serve the 35 -30- SF 2385 (4) 90 ss/ns/mb 30/ 235
S.F. 2385 needs of the local community in which it is chartered to do 1 business. These needs include credit services as well as 2 deposit services. All such financial institutions are required 3 to provide the committee treasurer of state with a written 4 description of their commitment to provide credit services in 5 the community. This statement is available for examination by 6 citizens. 7 f. The notice shall also provide the name and address of a 8 state official to whom inquiries can be sent. Actions of the 9 committee treasurer of state under this section and section 10 12C.6A are exempt from chapter 17A . 11 Sec. 98. Section 15.105, subsection 1, paragraph a, 12 subparagraph (1), Code 2024, is amended to read as follows: 13 (1) The powers of the authority are vested in and shall 14 be exercised by a board of eleven voting members selected at 15 large and appointed by the governor subject to confirmation 16 by the senate. The voting members shall be comprised of the 17 following: 18 (a) Two members from each United States congressional 19 district established under section 40.1 in the state. 20 (b) Three members selected at large. 21 Sec. 99. Section 15.108, subsection 5, paragraph c, Code 22 2024, is amended to read as follows: 23 c. Coordinate and develop with the department of 24 transportation, the department of natural resources, the 25 enhance Iowa board, other state agencies, and local and 26 regional entities public interpretation, marketing, and 27 education programs that encourage Iowans and out-of-state 28 visitors to participate in the recreational and leisure 29 opportunities available in Iowa. The authority shall establish 30 and administer a program that helps connect both Iowa residents 31 and residents of other states to new and existing Iowa 32 experiences as a means to enhance the economic, social, and 33 cultural well-being of the state. The program shall include 34 a broad range of new opportunities, both rural and urban, 35 -31- SF 2385 (4) 90 ss/ns/mb 31/ 235
S.F. 2385 including main street destinations, green space initiatives, 1 and artistic and cultural attractions. 2 Sec. 100. Section 15.108, subsection 8, paragraph b, 3 subparagraphs (4) and (5), Code 2024, are amended to read as 4 follows: 5 (4) Compile, in consultation with the Iowa arts council, 6 a list of grant applications recommended for funding in 7 accordance with the amount available for distribution as 8 provided in section 15.481, subsection 3 . The list of 9 recommended grant applications shall be submitted to the Iowa 10 cultural trust board of trustees for approval. 11 (5) Monitor the allocation and use of grant moneys by all 12 qualified organizations to determine whether moneys are used 13 in accordance with the provisions of this paragraph “b” and 14 subchapter II, part 30 . The authority shall annually submit 15 a report with the authority’s findings and recommendations to 16 the Iowa cultural trust board of trustees prior to final board 17 action in approving grants for the next succeeding fiscal year. 18 Sec. 101. Section 15.116, Code 2024, is amended to read as 19 follows: 20 15.116 Technology commercialization committee. 21 To evaluate and make recommendations to the authority 22 on appropriate funding for the projects and programs 23 applying for financial assistance from the innovation 24 and commercialization development fund created in section 25 15.412 , the economic development authority shall create a 26 technology commercialization committee composed of members 27 with expertise in the areas of biosciences, engineering, 28 manufacturing, pharmaceuticals, materials, information 29 solutions, software, and energy. At least one member of the 30 technology commercialization committee shall be a member of the 31 economic development authority. An organization designated by 32 the authority, composed of members from both the public and 33 private sectors and composed of subunits or subcommittees in 34 the areas of already identified bioscience platforms, education 35 -32- SF 2385 (4) 90 ss/ns/mb 32/ 235
S.F. 2385 and workforce development, commercialization, communication, 1 policy and governance, and finance, shall provide funding 2 recommendations to the technology commercialization committee. 3 Members of the committee shall be eligible for a per diem as 4 specified in section 7E.6 for each day spent in performance of 5 duties as members, and shall receive compensation for mileage 6 to and from meetings. 7 Sec. 102. Section 15.117A, subsection 2, paragraph a, 8 unnumbered paragraph 1, Code 2024, is amended to read as 9 follows: 10 Twenty-nine Nine voting members as follows: 11 Sec. 103. Section 15.117A, subsection 2, paragraph a, 12 subparagraphs (1), (3), and (9), Code 2024, are amended to read 13 as follows: 14 (1) Twenty Three members selected by the board to serve 15 staggered, two-year terms beginning and ending as provided 16 in section 69.19 . Of the members selected by the board, 17 fourteen shall be representatives from businesses in the 18 targeted industries and six shall be individuals who serve 19 on the technology commercialization committee created in 20 section 15.116 , or other committees of the board, and who 21 have expertise with the targeted industries. At least ten of 22 the members selected pursuant to this subparagraph shall be 23 executives actively engaged in the management of a business in 24 a targeted industry. The members selected pursuant to this 25 paragraph subparagraph shall have expertise in the targeted 26 industries and reflect the size and diversity of businesses in 27 the targeted industries and of the various geographic areas of 28 the state . 29 (3) The director of the authority , or the director’s 30 designee . 31 (9) Two One community college presidents from 32 geographically diverse areas of the state president , selected 33 by the Iowa association of community college trustees. 34 Sec. 104. Section 15.117A, subsection 2, paragraph a, 35 -33- SF 2385 (4) 90 ss/ns/mb 33/ 235
S.F. 2385 subparagraphs (2) and (4), Code 2024, are amended by striking 1 the subparagraphs. 2 Sec. 105. Section 15.117A, subsection 4, Code 2024, is 3 amended to read as follows: 4 4. The chief technology officer appointed pursuant to 5 section 15.117 council shall be select the chairperson of the 6 council and , who shall be responsible for convening meetings of 7 the council and coordinating its activities and shall convene 8 the council at least annually . The council shall annually 9 elect one of the voting members to serve as vice chairperson. 10 A majority of the members of the council constitutes a quorum. 11 However, the chief technology officer chairperson shall not 12 convene a meeting of the council unless the director of the 13 authority, or the director’s designee, is present at the 14 meeting. 15 Sec. 106. Section 15.117A, subsection 6, paragraphs a, b, 16 and d, Code 2024, are amended by striking the paragraphs. 17 Sec. 107. Section 15.117A, Code 2024, is amended by adding 18 the following new subsection: 19 NEW SUBSECTION . 7. A committee appointed by the 20 director and the chairperson of the council shall review and 21 make recommendations on all applications received by the 22 authority for financial assistance under the Iowa strategic 23 infrastructure program pursuant to section 15.313. Persons 24 appointed to a committee pursuant to this subsection are not 25 required to be members of the council. 26 Sec. 108. Section 15.439, subsection 1, paragraphs a, c, d, 27 and e, Code 2024, are amended to read as follows: 28 a. The authority shall establish and administer an Iowa 29 great places program for purposes of combining resources of 30 state government in an effort to showcase the unique and 31 authentic qualities of communities, regions, neighborhoods, and 32 districts that make such places exceptional places to work and 33 live. The authority shall provide administrative assistance to 34 the Iowa great places board. The authority shall coordinate 35 -34- SF 2385 (4) 90 ss/ns/mb 34/ 235
S.F. 2385 the efforts of the Iowa great places board with the efforts of 1 other state agencies participating in the program which shall 2 include but not be limited to the Iowa finance authority, the 3 department of health and human services, the department of 4 natural resources, the state department of transportation, and 5 the department of workforce development. 6 c. Initially, three Iowa great places projects shall be 7 identified by the Iowa great places board. The board authority 8 may identify additional Iowa great places for participation 9 under the program when places develop dimensions and meet 10 readiness criteria for participation under the program. 11 d. The authority shall work in cooperation with the enhance 12 Iowa board for purposes of maximizing and leveraging moneys 13 appropriated to identified Iowa great places. 14 e. d. As a condition of receiving state funds, an 15 identified Iowa great place shall present information to the 16 board authority concerning the proposed activities and total 17 financial needs of the project. 18 Sec. 109. Section 15.439, subsection 2, Code 2024, is 19 amended by striking the subsection. 20 Sec. 110. Section 15.439, subsections 3 and 4, Code 2024, 21 are amended to read as follows: 22 3. The board authority shall do all of the following: 23 a. Organize. 24 b. a. Identify Iowa great places for purposes of receiving 25 a package of resources under the program. 26 c. b. Identify a combination of state resources which can 27 be provided to Iowa great places. 28 4. Notwithstanding any restriction, requirement, or 29 duty to the contrary, in considering an application for a 30 grant, loan, or other financial or technical assistance for a 31 project identified in an Iowa great places agreement developed 32 pursuant to this section , a state agency shall give additional 33 consideration or additional points in the application of rating 34 or evaluation criteria to such applications. This subsection 35 -35- SF 2385 (4) 90 ss/ns/mb 35/ 235
S.F. 2385 applies to applications filed within three years of the Iowa 1 great places board’s authority’s identification of the project 2 for participation in the program. 3 Sec. 111. Section 15.478, subsection 1, Code 2024, is 4 amended by striking the subsection. 5 Sec. 112. Section 15.479, subsection 4, Code 2024, is 6 amended to read as follows: 7 4. The treasurer of state shall act as custodian of the 8 fund, shall invest moneys in the trust fund, and shall transfer 9 the interest attributable to the investment of trust fund 10 moneys to the grant account created in section 15.482 . The 11 trust fund’s principal shall not be used or accessed by the 12 department or the board authority for any purpose. 13 Sec. 113. Section 15.481, unnumbered paragraph 1, Code 14 2024, is amended to read as follows: 15 The board authority shall do any or all of the following: 16 Sec. 114. Section 15.481, subsections 2 and 3, Code 2024, 17 are amended to read as follows: 18 2. Approve or disapprove the grants recommended for 19 approval by the director, in consultation with the Iowa arts 20 council and the state historical society of Iowa, in accordance 21 with section 15.108, subsection 8 , paragraph “b” . The board 22 authority may remove any recommendation from the list, but 23 shall not add to or otherwise amend the list of recommended 24 grants. 25 3. Upon approving a grant, the board authority shall certify 26 to the treasurer of state the amount of financial assistance 27 payable from the grant account to the qualified organization 28 whose grant application is approved. 29 Sec. 115. Section 15.482, subsections 1 and 3, Code 2024, 30 are amended to read as follows: 31 1. An Iowa cultural trust grant account is created in 32 the office of the treasurer of state under the control of 33 the board authority to receive interest attributable to the 34 investment of trust fund moneys as required by section 15.479, 35 -36- SF 2385 (4) 90 ss/ns/mb 36/ 235
S.F. 2385 subsection 4 . The moneys in the grant account are appropriated 1 to the board authority for purposes of the Iowa cultural trust 2 created in section 15.479 . Moneys in the grant account shall 3 not be subject to appropriation for any other purpose by the 4 general assembly, but shall be used only for the purposes of 5 the Iowa cultural trust. The treasurer of state shall act as 6 custodian of the grant account and disburse moneys contained 7 in the grant account as directed by the board authority . The 8 board authority shall make expenditures from the grant account 9 consistent with the purposes of the Iowa cultural trust. 10 3. At any time when the principal balance in the trust fund 11 equals or exceeds three million dollars, the board authority 12 may use moneys in the grant account for a statewide educational 13 program to promote participation in, expanded support of, and 14 local endowment building for, Iowa nonprofit arts, history, and 15 sciences and humanities organizations. 16 Sec. 116. Section 15F.101, subsection 2, Code 2024, is 17 amended to read as follows: 18 2. “Board” means the enhance Iowa economic development 19 authority board as created in section 15F.102 15.105 . 20 Sec. 117. Section 15F.203, subsection 2, Code 2024, is 21 amended to read as follows: 22 2. A review committee composed of five members of the 23 board shall review community attraction and tourism program 24 applications forwarded to the board and make recommendations 25 regarding the applications to the board. The review committee 26 shall consist of members of the board, with one member from 27 each congressional district under section 15F.102, subsection 28 2 , paragraph “a” , and one member from the state at large under 29 section 15F.102, subsection 2 , paragraph “b” . 30 Sec. 118. Section 15F.304, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. A review committee composed of six members of the 33 board shall review vision Iowa program applications and 34 river enhancement community attraction and tourism project 35 -37- SF 2385 (4) 90 ss/ns/mb 37/ 235
S.F. 2385 applications forwarded to the board and make recommendations 1 regarding the applications to the board. The review committee 2 shall consist of members of the board, with one member from 3 each congressional district under section 15F.102, subsection 4 2 , paragraph “a” , and two members from the state at large under 5 section 15F.102, subsection 2 , paragraph “b” . 6 Sec. 119. Section 15F.402, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. A review committee composed of five members of the 9 board shall review sports tourism marketing and infrastructure 10 program applications forwarded to the board and make 11 recommendations regarding the applications to the authority. 12 The review committee shall consist of members of the board, 13 with one member from each congressional district under section 14 15F.102, subsection 2 , paragraph “a” , and one member from the 15 state at large under section 15F.102, subsection 2 , paragraph 16 “b” . 17 Sec. 120. Section 15H.3, subsection 1, paragraphs e and k, 18 Code 2024, are amended by striking the paragraphs. 19 Sec. 121. Section 16.2D, subsections 1, 2, 3, 4, 5, and 6, 20 Code 2024, are amended by striking the subsections. 21 Sec. 122. Section 16.2D, subsection 7, unnumbered paragraph 22 1, Code 2024, is amended to read as follows: 23 The duties of the council authority under this section shall 24 include but are not limited to the following: 25 Sec. 123. Section 16.2D, subsection 7, paragraph e, Code 26 2024, is amended to read as follows: 27 e. Advise the governor’s office, the authority, state 28 agencies, and private organizations on strategies to prevent 29 and eliminate homelessness. 30 Sec. 124. Section 16.2D, subsections 8, 9, and 10, Code 31 2024, are amended to read as follows: 32 8. The council authority shall file a point-in-time report 33 on homelessness in Iowa with the governor and the general 34 assembly on or before December 1 of each year. 35 -38- SF 2385 (4) 90 ss/ns/mb 38/ 235
S.F. 2385 9. a. The authority , in consultation with the council, 1 shall adopt rules pursuant to chapter 17A for carrying out the 2 duties of the council authority pursuant to this section . 3 b. The council authority shall establish internal rules of 4 procedure consistent with the provisions of this section . 5 c. Rules adopted or internal rules of procedure established 6 pursuant to paragraph “a” or “b” shall be consistent with the 7 requirements of the federal McKinney-Vento Homeless Assistance 8 Act, 42 U.S.C. §11301 et seq. 9 10. The council authority shall comply with the 10 requirements of chapters 21 and 22 . The authority shall be the 11 official repository of council records. 12 Sec. 125. Section 20.1, subsection 2, unnumbered paragraph 13 1, Code 2024, is amended to read as follows: 14 The general assembly declares that the purposes of the 15 public employment relations board established by employment 16 appeal board with respect to this chapter are to implement 17 the provisions of this chapter and adjudicate and conciliate 18 employment-related cases involving the state of Iowa and 19 other public employers and employee organizations. For these 20 purposes the powers and duties of the board include but are not 21 limited to the following: 22 Sec. 126. Section 20.3, subsection 2, Code 2024, is amended 23 to read as follows: 24 2. “Board” means the public employment relations appeal 25 board established under section 20.5 10A.601 . 26 Sec. 127. Section 20.6, subsection 1, Code 2024, is amended 27 to read as follows: 28 1. Administer the provisions of this chapter and delegate 29 the powers and duties of the board to the executive director or 30 persons employed by the board, as appropriate. 31 Sec. 128. Section 22.7, subsection 69, Code 2024, is amended 32 to read as follows: 33 69. The evidence of public employee support for 34 the certification, retention and recertification, or 35 -39- SF 2385 (4) 90 ss/ns/mb 39/ 235
S.F. 2385 decertification of an employee organization as defined in 1 section 20.3 that is submitted to the public employment 2 relations appeal board as provided in section 20.14 or 20.15 . 3 Sec. 129. Section 23A.2, subsection 6, paragraph a, Code 4 2024, is amended to read as follows: 5 a. The director of the department of corrections , with the 6 advice of the state prison industries advisory board, may, by 7 rule, provide for exemptions from this chapter . 8 Sec. 130. Section 34A.2A, subsection 2, Code 2024, is 9 amended to read as follows: 10 2. The 911 program manager shall act under the supervisory 11 control of the director of the department of homeland security 12 and emergency management , and in consultation with the 13 911 communications council, and shall perform the duties 14 specifically set forth in this chapter and as assigned by the 15 director. 16 Sec. 131. Section 34A.7A, subsection 2, paragraph f, 17 subparagraph (1), subparagraph division (a), Code 2024, is 18 amended by striking the subparagraph division. 19 Sec. 132. Section 34A.7A, subsection 2, paragraph f, 20 subparagraph (1), subparagraph division (b), Code 2024, is 21 amended to read as follows: 22 (b) The program manager , in consultation with the 911 23 communications council, shall allocate an amount, not to exceed 24 one hundred thousand dollars per fiscal year, for development 25 of public awareness and educational programs related to the 26 use of 911 by the public, educational programs for personnel 27 responsible for the maintenance, operation, and upgrading of 28 local 911 systems , and the expenses of members of the 911 29 communications council for travel, monthly meetings, and 30 training, provided, however, that the members have not received 31 reimbursement funds for such expenses from another source . 32 Sec. 133. Section 34A.7A, subsection 2, paragraph g, Code 33 2024, is amended to read as follows: 34 g. The director, in consultation with the program manager 35 -40- SF 2385 (4) 90 ss/ns/mb 40/ 235
S.F. 2385 and the 911 communications council , shall adopt rules pursuant 1 to chapter 17A governing the distribution of the surcharge 2 collected and distributed pursuant to this subsection . The 3 rules shall include provisions that all joint 911 service 4 boards and the department of public safety which answer or 5 service wireless 911 calls are eligible to receive an equitable 6 portion of the receipts. 7 Sec. 134. Section 34A.7A, subsection 5, paragraph a, Code 8 2024, is amended to read as follows: 9 a. The program manager, in consultation with the 911 10 communications council and the auditor of state, shall 11 establish a methodology for determining and collecting public 12 safety answering point cost and expense data through the county 13 joint 911 service boards. The methodology shall include the 14 collection of data for direct costs and expenses related to 15 the operation of a public safety answering point and account 16 for the extent to which identified costs and expenses are 17 compensated for or addressed through 911 surcharges versus 18 other sources of funding. 19 Sec. 135. Section 34A.11, subsection 1, Code 2024, is 20 amended to read as follows: 21 1. The joint 911 service board in each 911 service area 22 shall designate a person to serve as a single point-of-contact 23 to facilitate the communication of needs, issues, or concerns 24 regarding emergency communications, interoperability, and 25 other matters applicable to emergency 911 communications and 26 migration to the next generation 911 network. The person 27 designated as the single point-of-contact shall be responsible 28 for facilitating the communication of such needs, issues, or 29 concerns between public or private safety agencies within the 30 service area, the 911 program manager, the 911 communications 31 council, the statewide interoperable communications system 32 board established in section 80.28 , and any other person, 33 entity, or agency the person deems necessary or appropriate. 34 The person designated shall also be responsible for responding 35 -41- SF 2385 (4) 90 ss/ns/mb 41/ 235
S.F. 2385 to surveys or requests for information applicable to the 1 service area received from a federal, state, or local agency, 2 entity, or board. 3 Sec. 136. Section 35A.2, subsection 2, Code 2024, is amended 4 to read as follows: 5 2. Ten commissioners shall be honorably discharged members 6 of the armed forces of the United States. The American 7 legion of Iowa , disabled American veterans department of Iowa , 8 veterans of foreign wars department of Iowa , American veterans 9 of World War II, Korea, and Vietnam , the Vietnam veterans of 10 America, the military order of the purple heart, the paralyzed 11 veterans of America, and the Iowa association of county 12 commissioners and veteran service officers, through their 13 department commanders, shall submit two names respectively from 14 their organizations to the governor. The adjutant general and 15 the Iowa affiliate of the reserve officers association shall 16 may submit names to the governor of persons to represent the 17 Iowa national guard and the association reserve organization 18 of America . The governor shall appoint from the group of 19 names submitted by the adjutant general and reserve officers 20 association two representatives and from each of the other 21 organizations one representative to serve as a member of the 22 commission, unless the appointments would conflict with the 23 bipartisan and gender balance provisions of sections 69.16 and 24 69.16A . In addition, the governor shall appoint one member 25 of the public, knowledgeable in the general field of veterans 26 affairs, to serve on the commission. If an organization fails 27 to submit a recommendation pursuant to this subsection, the 28 governor may appoint any person to fill the vacancy. 29 Sec. 137. Section 68B.2, subsection 23, Code 2024, is 30 amended to read as follows: 31 23. “Regulatory agency” means the department of agriculture 32 and land stewardship, department of workforce development, 33 department of insurance and financial services, department 34 of public safety, department of education, state board of 35 -42- SF 2385 (4) 90 ss/ns/mb 42/ 235
S.F. 2385 regents, department of health and human services, department 1 of revenue, department of inspections, appeals, and licensing, 2 department of administrative services, public employment 3 relations appeal board, state department of transportation, 4 civil rights commission office of civil rights , department of 5 public defense, department of homeland security and emergency 6 management, Iowa ethics and campaign disclosure board, 7 utilities board, and department of natural resources. 8 Sec. 138. Section 68B.35, subsection 2, paragraph e, Code 9 2024, is amended to read as follows: 10 e. Members of the state banking council, the Iowa ethics and 11 campaign disclosure board, the credit union review board, the 12 economic development authority, the employment appeal board, 13 the environmental protection commission, the health facilities 14 council, the Iowa finance authority, the Iowa public employees’ 15 retirement system investment board, the Iowa lottery board 16 created in section 99G.8 , the natural resource commission, 17 the board of parole, the petroleum underground storage tank 18 fund board, the public employment relations board, the state 19 racing and gaming commission, the state board of regents, the 20 transportation commission, the office of consumer advocate, the 21 utilities board, the Iowa telecommunications and technology 22 commission, and any full-time members of other boards and 23 commissions as defined under section 7E.4 who receive an annual 24 salary for their service on the board or commission. The Iowa 25 ethics and campaign disclosure board shall conduct an annual 26 review to determine if members of any other board, commission, 27 or authority should file a statement and shall require the 28 filing of a statement pursuant to rules adopted pursuant to 29 chapter 17A . 30 Sec. 139. Section 70A.28, subsection 6, Code 2024, is 31 amended to read as follows: 32 6. Subsection 2 may also be enforced by an employee through 33 an administrative action pursuant to the requirements of this 34 subsection if the employee is not a merit system employee or 35 -43- SF 2385 (4) 90 ss/ns/mb 43/ 235
S.F. 2385 an employee covered by a collective bargaining agreement. An 1 employee eligible to pursue an administrative action pursuant 2 to this subsection who is discharged, suspended, demoted, 3 or otherwise receives a reduction in pay and who believes 4 the adverse employment action was taken as a result of the 5 employee’s disclosure of information that was authorized 6 pursuant to subsection 2 , may file an appeal of the adverse 7 employment action with the public employment relations appeal 8 board within thirty calendar days following the later of the 9 effective date of the action or the date a finding is issued 10 to the employee by the office of ombudsman pursuant to section 11 2C.11A . The findings issued by the ombudsman may be introduced 12 as evidence before the public employment relations appeal 13 board. The employee has the right to a hearing closed to 14 the public, but may request a public hearing. The hearing 15 shall otherwise be conducted in accordance with the rules of 16 the public employment relations appeal board and the Iowa 17 administrative procedure Act, chapter 17A . If the public 18 employment relations appeal board finds that the action taken 19 in regard to the employee was in violation of subsection 2 , the 20 employee may be reinstated without loss of pay or benefits for 21 the elapsed period, or the public employment relations appeal 22 board may provide other appropriate remedies. Decisions by 23 the public employment relations appeal board constitute final 24 agency action. 25 Sec. 140. Section 80.28, subsections 2 and 3, Code 2024, are 26 amended to read as follows: 27 2. The board shall consist of nineteen voting members, as 28 follows the following members, selected by the governor after 29 considering recommendations from professional or volunteer 30 organizations : 31 a. The following members representing state agencies: 32 (1) One member representing the department of public 33 safety. 34 (2) One member representing the state department of 35 -44- SF 2385 (4) 90 ss/ns/mb 44/ 235
S.F. 2385 transportation. 1 (3) One member representing the department of homeland 2 security and emergency management. 3 (4) One member representing the department of corrections. 4 (5) One member representing the department of natural 5 resources. 6 (6) One member representing the department of health and 7 human services. 8 (7) One member representing the office of the chief 9 information officer created in section 8B.2 . 10 (8) One member representing the Iowa law enforcement 11 academy created in section 80B.4 . 12 b. The governor shall solicit and consider recommendations 13 from professional or volunteer organizations in appointing the 14 following members: 15 (1) Two members who are representatives One member who is a 16 representative from a municipal police departments department . 17 (2) b. Two members who are representatives One member who 18 is a representative of a sheriff’s offices office . 19 (3) c. Two members who are representatives One member who 20 is a representative from a fire departments department . One 21 of the members shall be a volunteer fire fighter and the other 22 member shall be a paid fire fighter. 23 (4) d. Two members who are One member who is a law 24 communication center managers manager employed by a state or 25 local government agencies agency . 26 (5) e. One member representing local emergency management 27 coordinators. 28 (6) f. One member representing emergency medical service 29 providers. 30 (7) g. One at-large member. 31 3. In addition to the voting members listed in subsection 32 2 , the board membership shall include four members of the 33 general assembly with one member designated by each of 34 the following: the majority leader of the senate, the 35 -45- SF 2385 (4) 90 ss/ns/mb 45/ 235
S.F. 2385 minority leader of the senate, the speaker of the house of 1 representatives, and the minority leader of the house of 2 representatives. A legislative member serves for a term as 3 provided in section 69.16B in an ex officio, nonvoting capacity 4 and is eligible for per diem and expenses as provided in 5 section 2.10 . 6 Sec. 141. Section 84A.1A, subsection 1, unnumbered 7 paragraph 1, Code 2024, is amended to read as follows: 8 An Iowa workforce development board is created, consisting 9 of thirty-three voting members and thirteen nonvoting the 10 following members. 11 Sec. 142. Section 84A.1A, subsection 1, paragraph a, 12 subparagraph (5), Code 2024, is amended by striking the 13 subparagraph. 14 Sec. 143. Section 84A.1A, subsection 1, paragraph a, 15 subparagraph (8), unnumbered paragraph 1, Code 2024, is amended 16 to read as follows: 17 The following twenty-six members who shall be appointed by 18 the governor for staggered terms of four years beginning and 19 ending as provided in section 69.19 , subject to confirmation 20 by the senate: 21 Sec. 144. Section 84A.1A, subsection 1, paragraph a, 22 subparagraph (8), subparagraph division (a), unnumbered 23 paragraph 1, Code 2024, is amended to read as follows: 24 Seventeen Ten members who shall be representatives of 25 businesses in the state to whom each of the following applies , 26 and at least one of whom shall represent small businesses as 27 defined by the United States small business administration : 28 Sec. 145. Section 84A.1A, subsection 1, paragraph a, 29 subparagraph (8), subparagraph division (b), Code 2024, is 30 amended to read as follows: 31 (b) Seven Four members who shall be representatives of 32 the workforce in the state and who shall include all of the 33 following: 34 (i) Four At least two representatives of labor 35 -46- SF 2385 (4) 90 ss/ns/mb 46/ 235
S.F. 2385 organizations who have been nominated by state labor 1 federations. 2 (ii) One At least one representative of a joint 3 labor-management apprenticeship program in the state who shall 4 be a member of a labor organization or a training director. If 5 such a joint program does not exist in the state, the member 6 shall instead be a representative of an apprenticeship program 7 in the state. 8 (iii) Two representatives of community-based organizations 9 that have demonstrated experience and expertise in addressing 10 the employment, training, or education needs of individuals 11 with barriers to employment as defined in the federal Workforce 12 Innovation and Opportunity Act , Pub. L. No. 113-128, §3(24) , 13 including but not limited to organizations that serve veterans 14 or that provide or support competitive, integrated employment 15 for individuals with disabilities; or that serve eligible 16 youth, as defined in the federal Workforce Innovation and 17 Opportunity Act , Pub. L. No. 113-128, §3(18) , including 18 representatives of organizations that serve out-of-school 19 youth, as defined in the federal Workforce Innovation and 20 Opportunity Act , Pub. L. No. 113-128, §129(a)(1)(B) . 21 Sec. 146. Section 84A.1A, subsection 1, paragraph b, Code 22 2024, is amended by striking the paragraph and inserting in 23 lieu thereof the following: 24 b. The director of the department of education or the 25 director’s designee shall serve as an ex officio, nonvoting 26 member. 27 Sec. 147. Section 97B.8B, subsection 2, Code 2024, is 28 amended to read as follows: 29 2. Membership. The benefits advisory committee shall be 30 comprised of representatives of constituent groups concerned 31 with the retirement system, and shall include representatives 32 of employers, active members, and retired members. In 33 addition, the director of the department of administrative 34 services , or the director’s designee, and a member of the 35 -47- SF 2385 (4) 90 ss/ns/mb 47/ 235
S.F. 2385 public selected by the voting members of the committee shall 1 serve as members of the committee. The system shall adopt 2 rules under chapter 17A to provide for the selection of members 3 to the committee and the election of the voting members of the 4 committee. 5 Sec. 148. Section 100B.1, subsection 1, paragraph a, Code 6 2024, is amended to read as follows: 7 a. The council shall consist of eleven seven voting members 8 and one ex officio, nonvoting member. Voting members of the 9 state fire service and emergency response council shall be 10 appointed by the governor. 11 (1) The governor shall appoint consider appointing voting 12 members of the council from a list of nominees submitted by 13 each of the following organizations , but may appoint any person 14 to serve on the council : 15 (a) Two members from a list submitted by the The Iowa 16 firefighters association. 17 (b) Two members from a list submitted by the The Iowa fire 18 chiefs’ association. 19 (c) Two members from a list submitted by the The Iowa 20 professional fire fighters. 21 (d) Two members from a list submitted by the The Iowa 22 association of professional fire chiefs. 23 (e) One member from a list submitted by the The Iowa 24 emergency medical services association. 25 (2) A person nominated for inclusion in the voting 26 membership on the council is not required to be a member of the 27 organization that nominates the person. 28 (3) The tenth and eleventh voting members of the council 29 shall be members of the general public appointed by the 30 governor. 31 (4) (2) The labor commissioner, or the labor commissioner’s 32 designee, shall be a nonvoting, ex officio member of the 33 council. 34 Sec. 149. Section 100B.1, subsection 3, Code 2024, is 35 -48- SF 2385 (4) 90 ss/ns/mb 48/ 235
S.F. 2385 amended to read as follows: 1 3. Six Four voting members of the council shall constitute 2 a quorum. For the purpose of conducting business, a majority 3 vote of the council shall be required. The council shall elect 4 a chairperson from its members. The council shall meet at the 5 call of the chairperson, or the state fire marshal, or when any 6 six four members of the council file a written request with the 7 chairperson for a meeting. 8 Sec. 150. Section 100C.1, subsection 5, Code 2024, is 9 amended to read as follows: 10 5. “Automatic fire extinguishing system” means a system of 11 devices and equipment that automatically detects a fire and 12 discharges an approved fire extinguishing agent onto or in 13 the area of a fire and includes automatic sprinkler systems, 14 carbon dioxide extinguishing systems, deluge systems, automatic 15 dry-chemical extinguishing systems, foam extinguishing systems, 16 and halogenated extinguishing systems, or other equivalent fire 17 extinguishing technologies recognized by the fire extinguishing 18 system contractors advisory board department . 19 Sec. 151. Section 100C.7, Code 2024, is amended to read as 20 follows: 21 100C.7 Administration —— rules. 22 The director shall administer this chapter and , after 23 consultation with the fire extinguishing system contractors and 24 alarm systems advisory board, shall adopt rules pursuant to 25 chapter 17A necessary for the administration and enforcement of 26 this chapter . 27 Sec. 152. Section 100D.5, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. After consultation with the fire extinguishing system 30 contractors and alarm systems advisory board established 31 pursuant to section 100C.10 , adopt Adopt rules pursuant to 32 chapter 17A necessary for the administration and enforcement of 33 this chapter . 34 Sec. 153. Section 103.1, subsection 2, Code 2024, is amended 35 -49- SF 2385 (4) 90 ss/ns/mb 49/ 235
S.F. 2385 to read as follows: 1 2. “Board” means the electrical examining board of building 2 and construction occupations created under section 103.2 3 chapter 103A . 4 Sec. 154. Section 103A.3, subsection 1, Code 2024, is 5 amended to read as follows: 6 1. “Board of review” or “board” “Board” means the state 7 building code board of review building and construction 8 occupations created by this chapter . 9 Sec. 155. Section 103A.15, unnumbered paragraph 1, Code 10 2024, is amended to read as follows: 11 The commissioner shall establish a state building code board 12 of review board of building and construction occupations is 13 established . 14 Sec. 156. Section 103A.15, subsections 1 and 2, Code 2024, 15 are amended to read as follows: 16 1. The board shall be composed of three the following 17 members of the council. , appointed by the governor: 18 a. Two master electricians licensed pursuant to chapter 103, 19 one of whom shall be a member of a union and one of whom shall 20 not. 21 b. Two master plumbers licensed pursuant to chapter 105, one 22 of whom shall be a member of a union and one of whom shall not. 23 c. Two master mechanical professionals licensed pursuant to 24 chapter 105, one of whom shall be a member of a union and one 25 of whom shall not. 26 d. Two members, each of whom is either a journeyman licensed 27 pursuant to chapter 103 or a journeyperson licensed pursuant to 28 chapter 105, one of whom shall be a member of a union and one 29 of whom shall not. 30 2. Members of the board of review shall serve at the 31 pleasure of the commissioner for a term of three years . 32 Sec. 157. Section 103A.18, unnumbered paragraph 1, Code 33 2024, is amended to read as follows: 34 Judicial review of action of the commissioner, board 35 -50- SF 2385 (4) 90 ss/ns/mb 50/ 235
S.F. 2385 of review , or council may be sought in accordance with the 1 terms of the Iowa administrative procedure Act, chapter 17A . 2 Notwithstanding the terms of said Act: 3 Sec. 158. Section 103A.19, subsection 2, paragraph b, Code 4 2024, is amended to read as follows: 5 b. Require that the construction of any building or 6 structure shall be in accordance with the applicable provisions 7 of the state building code, subject, however, to the powers 8 granted to the board of review in section 103A.16 . 9 Sec. 159. Section 103A.19, subsection 2, paragraph d, 10 subparagraph (2), Code 2024, is amended to read as follows: 11 (2) Every certificate of occupancy or use shall, until set 12 aside or vacated by the board of review , director, or a court 13 of competent jurisdiction, be binding and conclusive upon all 14 state and local agencies, as to all matters set forth and no 15 order, direction, or requirement at variance therewith shall be 16 made or issued by any other state or local agency. 17 Sec. 160. Section 105.2, subsection 2, Code 2024, is amended 18 to read as follows: 19 2. “Board” means the plumbing and mechanical systems 20 board of building and construction occupations as established 21 pursuant to section 105.3 chapter 103A . 22 Sec. 161. Section 123.8, subsection 1, Code 2024, is amended 23 to read as follows: 24 1. The commission, in addition to the duties specifically 25 enumerated in this chapter , shall act as a policy-making body 26 under this chapter and serve in an advisory capacity to the 27 director and department. 28 Sec. 162. Section 123.8, subsection 2, unnumbered paragraph 29 1, Code 2024, is amended to read as follows: 30 The commission may review and affirm, reverse, or amend all 31 provide advice and make recommendations regarding the actions 32 of the director under this chapter , including but not limited 33 to the following instances: 34 Sec. 163. Section 123.10, unnumbered paragraph 1, Code 35 -51- SF 2385 (4) 90 ss/ns/mb 51/ 235
S.F. 2385 2024, is amended to read as follows: 1 The director, with the approval advice of the commission and 2 subject to chapter 17A , may adopt rules as necessary to carry 3 out this chapter . The director’s authority under this chapter 4 extends to , but is not limited to , the following: 5 Sec. 164. Section 123.49, subsection 2, paragraph f, 6 subparagraph (4), Code 2024, is amended to read as follows: 7 (4) If a person employed under this paragraph reports an 8 incident of workplace harassment to the employer or if the 9 employer otherwise becomes aware of such an incident, the 10 employer shall report the incident to the employee’s parent, 11 guardian, or legal custodian and to the Iowa office of civil 12 rights commission , which shall determine if any action is 13 necessary or appropriate under chapter 216 . 14 Sec. 165. Section 124.551, subsection 1, Code 2024, is 15 amended to read as follows: 16 1. Contingent upon the receipt of funds pursuant to 17 section 124.557 sufficient to carry out the purposes of 18 this subchapter , the board, in conjunction with the advisory 19 council committee created in section 124.555 , shall establish 20 and maintain an information program for drug prescribing and 21 dispensing. 22 Sec. 166. Section 124.553, subsection 1, paragraph b, Code 23 2024, is amended to read as follows: 24 b. An individual who requests the individual’s own program 25 information in accordance with the procedure established in 26 rules of the board and advisory council adopted under section 27 124.554 . 28 Sec. 167. Section 124.554, subsection 1, unnumbered 29 paragraph 1, Code 2024, is amended to read as follows: 30 The board and advisory council shall jointly adopt rules in 31 accordance with chapter 17A to carry out the purposes of, and 32 to enforce the provisions of, this subchapter . The rules shall 33 include but not be limited to the development of procedures 34 relating to: 35 -52- SF 2385 (4) 90 ss/ns/mb 52/ 235
S.F. 2385 Sec. 168. Section 124.554, subsection 1, paragraphs f, g, 1 and h, Code 2024, are amended to read as follows: 2 f. Use by the board or advisory council committee of the 3 program request records required by section 124.553, subsection 4 2 , to document and report statistical information. 5 g. Including all schedule II, schedule III, and schedule 6 IV controlled substances, schedule V controlled substances 7 including when dispensed by a pharmacist without a prescription 8 except for sales of pseudoephedrine that are reported to the 9 real-time electronic repository, opioid antagonists, and other 10 prescription substances that the advisory council committee and 11 board determine can be addictive or fatal if not taken under 12 the proper care and direction of a prescribing practitioner. 13 h. Access by a pharmacist or prescribing practitioner to 14 information in the program pursuant to a written agreement with 15 the board and advisory council . 16 Sec. 169. Section 124.554, subsection 2, unnumbered 17 paragraph 1, Code 2024, is amended to read as follows: 18 Beginning February 1, 2021, and annually by February 1 19 thereafter, the board and advisory council shall present to the 20 general assembly and the governor a report prepared consistent 21 with section 124.555, subsection 3 , paragraph “d” , which shall 22 include but not be limited to the following: 23 Sec. 170. Section 124.554, subsection 2, paragraphs b and c, 24 Code 2024, are amended to read as follows: 25 b. Information from pharmacies, prescribing practitioners, 26 the board, the advisory council committee , and others regarding 27 the benefits or detriments of the program. 28 c. Information from pharmacies, prescribing practitioners, 29 the board, the advisory council committee , and others regarding 30 the board’s effectiveness in providing information from the 31 program. 32 Sec. 171. Section 124.554, subsection 3, paragraph a, 33 subparagraph (6), Code 2024, is amended to read as follows: 34 (6) Other pertinent information identified by the board and 35 -53- SF 2385 (4) 90 ss/ns/mb 53/ 235
S.F. 2385 advisory council by rule. 1 Sec. 172. Section 124.555, unnumbered paragraph 1, Code 2 2024, is amended to read as follows: 3 An advisory council committee shall be established to 4 provide oversight to assist the board and in the management of 5 the program and to comanage program activities. 6 Sec. 173. Section 124.555, subsections 1 and 2, Code 2024, 7 are amended to read as follows: 8 1. The council committee shall consist of five members 9 appointed by the board. The members shall include at least 10 one licensed pharmacist prescribing practitioner licensed 11 by the board , one physician licensed under chapter 148 , one 12 prescribing practitioner licensed by the board of nursing , and 13 one licensed prescribing practitioner who is not a physician, 14 and other members as determined by the board prescribing 15 practitioner licensed by the board of behavioral health 16 professionals . The board shall adopt rules in accordance with 17 chapter 17A on matters pertaining to the council committee 18 membership, including the terms of appointment and quorum. 19 The board shall solicit recommendations for council committee 20 members from Iowa health professional licensing boards, 21 associations, and societies the board of medicine, board of 22 nursing, and board of behavioral health professionals . The 23 license of each member appointed to and serving on the advisory 24 council committee shall be current and in good standing with 25 the professional’s licensing board. 26 2. The council committee shall advance the goals of the 27 program, which include identification of misuse and diversion 28 of controlled substances identified pursuant to section 29 124.554, subsection 1 , paragraph “g” , and enhancement of the 30 quality of health care delivery in this state. 31 Sec. 174. Section 124.555, subsection 3, unnumbered 32 paragraph 1, Code 2024, is amended to read as follows: 33 Duties of the council committee shall include but not be 34 limited to the following: 35 -54- SF 2385 (4) 90 ss/ns/mb 54/ 235
S.F. 2385 Sec. 175. Section 124.555, subsection 3, paragraph d, Code 1 2024, is amended to read as follows: 2 d. Making recommendations regarding the continued benefits 3 of maintaining the program in relationship to cost and other 4 burdens to the patient, prescribing practitioner, pharmacist, 5 and the board. The council’s committee’s recommendations shall 6 be included in reports required by section 124.554, subsection 7 2 . 8 Sec. 176. Section 124.555, subsection 4, Code 2024, is 9 amended to read as follows: 10 4. Members of the advisory council committee shall 11 be eligible to request and receive actual expenses for 12 their duties as members of the advisory council committee , 13 subject to reimbursement limits imposed by the department of 14 administrative services, and shall also be eligible to receive 15 a per diem compensation as provided in section 7E.6, subsection 16 1 . 17 Sec. 177. Section 124.556, Code 2024, is amended to read as 18 follows: 19 124.556 Education and treatment. 20 The program shall include education initiatives and outreach 21 to consumers, prescribing practitioners, and pharmacists, and 22 shall also include assistance for identifying substance use 23 disorder treatment programs and providers. The program shall 24 also include educational updates and information on general 25 patient risk factors for prescribing practitioners. The board 26 and advisory council shall adopt rules, as provided under 27 section 124.554 , to implement this section . 28 Sec. 178. Section 135.11, subsection 22, Code 2024, is 29 amended to read as follows: 30 22. In consultation with the advisory committee for 31 perinatal guidelines, develop Develop and maintain the 32 statewide perinatal program based on the recommendations of 33 the American academy of pediatrics and the American college 34 of obstetricians and gynecologists contained in the most 35 -55- SF 2385 (4) 90 ss/ns/mb 55/ 235
S.F. 2385 recent edition of the guidelines for perinatal care, and 1 adopt rules in accordance with chapter 17A to implement those 2 recommendations. Hospitals within the state shall determine 3 whether to participate in the statewide perinatal program, 4 and select the hospital’s level of participation in the 5 program. A hospital having determined to participate in the 6 program shall comply with the guidelines appropriate to the 7 level of participation selected by the hospital. Perinatal 8 program surveys and reports are privileged and confidential 9 and are not subject to discovery, subpoena, or other means 10 of legal compulsion for their release to a person other than 11 the affected hospital, and are not admissible in evidence in a 12 judicial or administrative proceeding other than a proceeding 13 involving verification of the participating hospital under this 14 subsection . 15 Sec. 179. Section 135.24, subsection 2, paragraph a, Code 16 2024, is amended to read as follows: 17 a. Procedures for registration of health care providers 18 deemed qualified by the board of medicine, the board of 19 physician assistants, the dental board, the board of nursing, 20 the board of chiropractic, the board of psychology, the 21 board of social work, the board of behavioral science health 22 professionals , the board of pharmacy, the board of optometry, 23 the board of podiatry, the board of physical and occupational 24 therapy, the board of respiratory care and polysomnography, 25 and the department of inspections, appeals, and licensing, as 26 applicable. 27 Sec. 180. Section 135.43, subsections 1 and 2, Code 2024, 28 are amended to read as follows: 29 1. An Iowa child death A state mortality review team 30 committee is established in the department. The department 31 shall provide staffing and administrative support to the team 32 committee . 33 2. The membership of the review team committee is subject 34 to the provisions of sections 69.16 and 69.16A , relating 35 -56- SF 2385 (4) 90 ss/ns/mb 56/ 235
S.F. 2385 to political affiliation and gender balance. Review team 1 committee members who are not designated by another appointing 2 authority shall be appointed by the director. Membership terms 3 shall be for three years. A membership vacancy shall be filled 4 in the same manner as the original appointment. The review 5 team committee shall elect a chairperson and other officers 6 as deemed necessary by the review team committee . The review 7 team committee shall meet upon the call of the director or 8 as determined by the review team committee . The review team 9 committee shall include the following: 10 a. The state medical examiner or the state medical 11 examiner’s designee. 12 b. A certified or licensed professional who is knowledgeable 13 concerning sudden infant death syndrome. 14 c. A pediatrician who is knowledgeable concerning deaths of 15 children. 16 d. A family practice physician who is knowledgeable 17 concerning deaths of children. 18 e. One mental health professional who is knowledgeable 19 concerning deaths of children. 20 f. One social worker who is knowledgeable concerning deaths 21 of children. 22 g. A certified or licensed professional who is knowledgeable 23 concerning domestic violence. 24 h. A professional who is knowledgeable concerning substance 25 use disorder. 26 i. A local law enforcement official. 27 j. A county attorney. 28 k. An emergency room nurse who is knowledgeable concerning 29 the deaths of children. 30 l. A perinatal expert. 31 m. A representative of the health insurance industry. 32 n. One other member who is appointed at large. 33 b. A licensed physician knowledgeable concerning the causes 34 of death. 35 -57- SF 2385 (4) 90 ss/ns/mb 57/ 235
S.F. 2385 c. A certified or licensed professional knowledgeable 1 regarding substance use disorder. 2 d. An attorney experienced in prosecuting domestic abuse 3 cases. 4 e. An expert in unexpected or unexplained infant deaths. 5 f. Two designees of the state court administrator. 6 g. A judicial officer, to be appointed by the chief justice 7 of the supreme court. 8 h. A local law enforcement official. 9 i. A social worker knowledgeable about deaths of children. 10 j. Additional members as determined by the director. 11 Sec. 181. Section 135.43, subsection 3, unnumbered 12 paragraph 1, Code 2024, is amended to read as follows: 13 The review team committee shall perform the following 14 duties: 15 Sec. 182. Section 135.43, subsection 3, paragraphs a, c, e, 16 f, and g, Code 2024, are amended to read as follows: 17 a. Collect, review, and analyze child death certificates and 18 child death data, including patient records or other pertinent 19 confidential information concerning the deaths of children 20 under age eighteen, and other information as the review team 21 committee deems appropriate for use in preparing an annual 22 report to the governor and the general assembly concerning the 23 causes and manner of child deaths. The report shall include 24 analysis of factual information obtained through review and 25 recommendations regarding prevention of child deaths. 26 c. Recommend to the agencies represented on the review team 27 committee changes which may prevent child deaths. 28 e. Recommend to the department, appropriate law enforcement 29 agencies, and any other person involved with child protection, 30 interventions that may prevent harm to a child who is related 31 to or is living in the same home as a child whose case is 32 reviewed by the team committee . 33 f. If the sharing of information is necessary to assist in 34 or initiate a child death investigation or criminal prosecution 35 -58- SF 2385 (4) 90 ss/ns/mb 58/ 235
S.F. 2385 and the office or agency receiving the information does not 1 otherwise have access to the information, share information 2 possessed by the review team committee with the office of the 3 attorney general, a county attorney’s office, or an appropriate 4 law enforcement agency. The office or agency receiving 5 the information shall maintain the confidentiality of the 6 information in accordance with this section . Unauthorized 7 release or disclosure of the information received is subject to 8 penalty as provided in this section . 9 g. In order to assist the department in performing the 10 department’s duties, if the department does not otherwise have 11 access to the information, share information possessed by the 12 review team committee . The recipient of the information shall 13 maintain the confidentiality of the information in accordance 14 with this section . Unauthorized release or disclosure of the 15 information received is subject to penalty as provided in this 16 section . 17 Sec. 183. Section 135.43, subsection 4, unnumbered 18 paragraph 1, Code 2024, is amended to read as follows: 19 The department shall develop protocols for a child fatality 20 review committee, to be appointed by the director on an ad hoc 21 basis, the state mortality review committee to immediately 22 review the child abuse assessments which involve the fatality 23 of a child under age eighteen. The director shall appoint a 24 medical examiner, a pediatrician, and a person involved with 25 law enforcement to the committee. 26 Sec. 184. Section 135.43, subsection 4, paragraph a, Code 27 2024, is amended to read as follows: 28 a. The purpose of the review shall be to determine whether 29 the department and others involved with the case of child abuse 30 responded appropriately. The protocols shall provide for 31 the committee to consult with any multidisciplinary team, as 32 defined in section 235A.13 , that is operating in the area in 33 which the fatality occurred. The protocols shall also ensure 34 that a member of the child fatality review committee does not 35 -59- SF 2385 (4) 90 ss/ns/mb 59/ 235
S.F. 2385 have a conflict of interest regarding the child fatality under 1 review. 2 Sec. 185. Section 135.43, subsection 5, paragraph a, 3 unnumbered paragraph 1, Code 2024, is amended to read as 4 follows: 5 The following individuals shall designate a liaison 6 to assist the review team committee in fulfilling its 7 responsibilities: 8 Sec. 186. Section 135.43, subsection 5, paragraph b, Code 9 2024, is amended to read as follows: 10 b. In addition, the department shall designate a liaison 11 from the public at large to assist the review team committee in 12 fulfilling its responsibilities. 13 Sec. 187. Section 135.43, subsections 6, 7, and 8, Code 14 2024, are amended to read as follows: 15 6. The review team committee may establish subcommittees to 16 which the team committee may delegate some or all of the team’s 17 committee’s responsibilities under subsection 3 . 18 7. a. The department shall adopt rules providing for 19 disclosure of information which is confidential under chapter 20 22 or any other provision of state law, to the review team 21 committee for purposes of performing its child death and child 22 abuse review responsibilities. 23 b. A person in possession or control of medical, 24 investigative, assessment, or other information pertaining to a 25 child death and child abuse review shall allow the inspection 26 and reproduction of the information by the department 27 upon the request of the department, to be used only in the 28 administration and for the duties of the Iowa child death 29 state mortality review team committee . Except as provided 30 for a report on a child fatality by an ad hoc child fatality 31 review the committee under subsection 4 , information and 32 records produced under this section which are confidential 33 under section 22.7 and chapter 235A , and information or records 34 received from the confidential records, remain confidential 35 -60- SF 2385 (4) 90 ss/ns/mb 60/ 235
S.F. 2385 under this section . A person does not incur legal liability by 1 reason of releasing information to the department as required 2 under and in compliance with this section . 3 8. Review team committee members and their agents are immune 4 from any liability, civil or criminal, which might otherwise 5 be incurred or imposed as a result of any act, omission, 6 proceeding, decision, or determination undertaken or performed, 7 or recommendation made as a review team committee member or 8 agent provided that the review team committee members or agents 9 acted in good faith and without malice in carrying out their 10 official duties in their official capacity. The department 11 shall adopt rules pursuant to chapter 17A to administer 12 this subsection . A complainant bears the burden of proof in 13 establishing malice or lack of good faith in an action brought 14 against review team committee members involving the performance 15 of their duties and powers under this section . 16 Sec. 188. Section 135.108, Code 2024, is amended by adding 17 the following new subsection: 18 NEW SUBSECTION . 01. “Committee” or “review committee” means 19 the state mortality review committee established in section 20 135.43. 21 Sec. 189. Section 135.108, subsection 4, Code 2024, is 22 amended by striking the subsection. 23 Sec. 190. Section 135.110, subsection 1, unnumbered 24 paragraph 1, Code 2024, is amended to read as follows: 25 The review team committee shall perform the following 26 duties: 27 Sec. 191. Section 135.110, subsection 1, paragraphs b and c, 28 Code 2024, are amended to read as follows: 29 b. Advise and consult the agencies represented on the team 30 and other state agencies regarding program and regulatory 31 changes that may prevent domestic abuse deaths. 32 c. Develop protocols for domestic abuse death investigations 33 and team committee review. 34 Sec. 192. Section 135.110, subsections 2, 3, 4, 5, and 6, 35 -61- SF 2385 (4) 90 ss/ns/mb 61/ 235
S.F. 2385 Code 2024, are amended to read as follows: 1 2. In performing duties pursuant to subsection 1 , the 2 review team committee shall review the relationship between the 3 decedent victim and the alleged or convicted perpetrator from 4 the point where the abuse allegedly began, until the domestic 5 abuse death occurred, and shall review all relevant documents 6 pertaining to the relationship between the parties, including 7 but not limited to protective orders and dissolution, custody, 8 and support agreements and related court records, in order to 9 ascertain whether a correlation exists between certain events 10 in the relationship and any escalation of abuse, and whether 11 patterns can be established regarding such events in relation 12 to domestic abuse deaths in general. The review team committee 13 shall consider such conclusions in making recommendations 14 pursuant to subsection 1 . 15 3. The team committee shall meet upon the call of the 16 chairperson, upon the request of a state agency, or as 17 determined by a majority of the team committee . 18 4. The team committee shall annually elect a chairperson and 19 other officers as deemed necessary by the team committee . 20 5. The team committee may establish committees 21 subcommittees or panels to whom the team committee may assign 22 some or all of the team’s committee’s responsibilities. 23 6. Members of the team committee who are currently 24 practicing attorneys or current employees of the judicial 25 branch of state government shall not participate in the 26 following: 27 a. An investigation by the team committee that involves a 28 case in which the team committee member is presently involved 29 in the member’s professional capacity. 30 b. Development of protocols by the team committee for 31 domestic abuse death investigations and team committee review. 32 c. Development of regulatory changes related to domestic 33 abuse deaths. 34 Sec. 193. Section 135.111, subsection 1, Code 2024, is 35 -62- SF 2385 (4) 90 ss/ns/mb 62/ 235
S.F. 2385 amended to read as follows: 1 1. A person in possession or control of medical, 2 investigative, or other information pertaining to a domestic 3 abuse death and related incidents and events preceding the 4 domestic abuse death, shall allow for the inspection and review 5 of written or photographic information related to the death, 6 whether the information is confidential or public in nature, by 7 the department upon the request of the department and the team 8 committee , to be used only in the administration and for the 9 official duties of the team committee . Information and records 10 produced under this section that are confidential under the law 11 of this state or under federal law, or because of any legally 12 recognized privilege, and information or records received 13 from the confidential records, remain confidential under this 14 section . 15 Sec. 194. Section 135.112, Code 2024, is amended to read as 16 follows: 17 135.112 Rulemaking. 18 The department shall adopt rules pursuant to chapter 17A 19 relating to the administration of the domestic abuse death 20 review team committee and sections 135.108 through 135.111 . 21 Sec. 195. Section 147.1, subsection 6, Code 2024, is amended 22 to read as follows: 23 6. “Profession” means medicine and surgery, podiatry, 24 osteopathic medicine and surgery, genetic counseling, practice 25 as a physician assistant, psychology, chiropractic, nursing, 26 dentistry, dental hygiene, dental assisting, optometry, speech 27 pathology, audiology, pharmacy, physical therapy, physical 28 therapist assisting, occupational therapy, occupational therapy 29 assisting, respiratory care, cosmetology arts and sciences, 30 barbering, mortuary science, applied behavior analysis, marital 31 and family therapy, mental health counseling, midwifery, 32 polysomnography, social work, dietetics, massage therapy, 33 athletic training, acupuncture, nursing home administration, 34 practice as a hearing aid specialist, sign language 35 -63- SF 2385 (4) 90 ss/ns/mb 63/ 235
S.F. 2385 interpreting or transliterating, orthotics, prosthetics, or 1 pedorthics. 2 Sec. 196. Section 147.2, subsection 1, Code 2024, is amended 3 to read as follows: 4 1. A person shall not engage in the practice of medicine 5 and surgery, podiatry, osteopathic medicine and surgery, 6 genetic counseling, psychology, chiropractic, physical 7 therapy, physical therapist assisting, nursing, dentistry, 8 dental hygiene, dental assisting, optometry, speech pathology, 9 audiology, occupational therapy, occupational therapy 10 assisting, orthotics, prosthetics, pedorthics, respiratory 11 care, pharmacy, cosmetology arts and sciences, barbering, 12 social work, dietetics, applied behavior analysis, marital 13 and family therapy or mental health counseling, massage 14 therapy, mortuary science, polysomnography, athletic training, 15 acupuncture, nursing home administration, or sign language 16 interpreting or transliterating, or shall not practice as a 17 physician assistant or a hearing aid specialist, unless the 18 person has obtained a license for that purpose from the board 19 for the profession. 20 Sec. 197. Section 147.13, subsection 3, Code 2024, is 21 amended to read as follows: 22 3. For psychology, social work, applied behavior analysis, 23 marital and family therapy, and mental health counseling, the 24 board of psychology behavioral health professionals . 25 Sec. 198. Section 147.13, subsections 14, 15, 16, and 21, 26 Code 2024, are amended by striking the subsections. 27 Sec. 199. Section 147.14, subsection 1, paragraphs b, d, e, 28 f, n, and s, Code 2024, are amended to read as follows: 29 b. For nursing, four three registered nurses, two one of 30 whom shall be actively engaged in practice, two one of whom 31 shall be a nurse educators educator from a nursing education 32 programs; of these, one in higher education and one in area 33 community and vocational-technical registered nurse education 34 program ; one licensed practical nurse actively engaged in 35 -64- SF 2385 (4) 90 ss/ns/mb 64/ 235
S.F. 2385 practice; and two members one member who is not a registered 1 nurses nurse or licensed practical nurses nurse and who 2 shall represent the general public. The representatives 3 representative of the general public shall not be members a 4 member of a health care delivery systems system . 5 d. For pharmacy, five four members licensed to practice 6 pharmacy, one member registered as a certified pharmacy 7 technician as defined by the board by rule, and two members 8 one member who are is not licensed to practice pharmacy or 9 registered as a certified pharmacy technician and who shall 10 represent the general public. 11 e. For optometry, five four members licensed to practice 12 optometry and two members one member who are is not licensed to 13 practice optometry and who shall represent the general public. 14 f. For psychology behavioral health professionals , five two 15 members who are licensed to practice psychology , two members 16 who are licensed to practice social work as a master social 17 worker or independent social worker, one member licensed to 18 practice marital and family therapy, one member licensed to 19 practice mental health counseling, and two members one member 20 not licensed to practice psychology , social work, marital and 21 family therapy, or mental health counseling and who shall 22 represent the general public. Of the five members who are 23 licensed to practice psychology, one member shall be primarily 24 engaged in graduate teaching in psychology or primarily engaged 25 in research psychology, three members shall be persons who 26 render services in psychology, and one member shall represent 27 areas of applied psychology and may be affiliated with training 28 institutions and shall devote a major part of the member’s time 29 to rendering service in psychology. 30 n. For mortuary science, four three members licensed to 31 practice mortuary science, one member owning, operating, 32 or employed by a crematory, and two members one member not 33 licensed to practice mortuary science and not a crematory 34 owner, operator, or employee who shall represent the general 35 -65- SF 2385 (4) 90 ss/ns/mb 65/ 235
S.F. 2385 public. 1 s. For sign language interpreting and transliterating, 2 four three members licensed to practice interpreting and 3 transliterating, three two of whom shall be practicing 4 interpreters and transliterators at the time of appointment 5 to the board and at least one of whom is employed in an 6 educational setting; and three two members who are consumers of 7 interpreting or transliterating services as defined in section 8 154E.1 , each of whom shall be deaf or hard of hearing. 9 Sec. 200. Section 147.14, subsection 1, paragraphs j, l, r, 10 and t, Code 2024, are amended by striking the paragraphs. 11 Sec. 201. Section 147.107, subsection 2, paragraph a, Code 12 2024, is amended to read as follows: 13 a. A prescriber who dispenses prescription drugs, including 14 but not limited to controlled substances, for human use, may 15 delegate nonjudgmental dispensing functions to staff assistants 16 only when verification of the accuracy and completeness 17 of the dispensing is determined by the practitioner in the 18 practitioner’s physical presence. However, the physical 19 presence requirement does not apply when a practitioner is 20 utilizing an automated dispensing system. When using an 21 automated dispensing system, the practitioner shall utilize an 22 internal quality control assurance plan that ensures accuracy 23 for dispensing. Verification of automated dispensing accuracy 24 and completeness remains the responsibility of the practitioner 25 and shall be determined in accordance with rules adopted by the 26 board of medicine, the dental board, the board of podiatry, and 27 the board of psychology behavioral health professionals for 28 their respective licensees. 29 Sec. 202. Section 147.161, subsection 1, paragraph b, 30 subparagraph (2), Code 2024, is amended to read as follows: 31 (2) Licensed master social workers with a current and 32 active supervision plan on file with the board of social work 33 behavioral health professionals . 34 Sec. 203. Section 148.2A, subsection 2, unnumbered 35 -66- SF 2385 (4) 90 ss/ns/mb 66/ 235
S.F. 2385 paragraph 1, Code 2024, is amended to read as follows: 1 Notwithstanding sections 17A.11 , 69.16 , 69.16A , 147.12 , 2 147.14 , and 147.19 , the board may have a pool of up to ten three 3 alternate members, including members licensed to practice under 4 this chapter and members not licensed to practice under this 5 chapter , to substitute for board members who are disqualified 6 or become unavailable for any other reason for contested case 7 hearings. 8 Sec. 204. Section 148.2A, subsection 2, paragraph a, Code 9 2024, is amended to read as follows: 10 a. The board may recommend, subject to approval by 11 the governor, up to ten three people to serve in a pool of 12 alternate members. 13 Sec. 205. Section 148.13A, unnumbered paragraph 1, Code 14 2024, is amended to read as follows: 15 The board of medicine shall, in consultation with the board 16 of psychology behavioral health professionals , establish by 17 rule all of the following: 18 Sec. 206. Section 148.13B, subsection 1, unnumbered 19 paragraph 1, Code 2024, is amended to read as follows: 20 The board of medicine and the board of psychology behavioral 21 health professionals shall adopt joint rules in regard to the 22 following: 23 Sec. 207. Section 148.13B, subsection 3, Code 2024, is 24 amended to read as follows: 25 3. The joint rules, and any amendments thereto, adopted by 26 the board of medicine and the board of psychology behavioral 27 health professionals pursuant to this section and section 28 154B.14 shall only be adopted by agreement of both boards 29 through a joint rule-making process. 30 Sec. 208. Section 152A.1, subsection 1, Code 2024, is 31 amended by striking the subsection and inserting in lieu 32 thereof the following: 33 1. “Department” means the department of inspections, 34 appeals, and licensing. 35 -67- SF 2385 (4) 90 ss/ns/mb 67/ 235
S.F. 2385 Sec. 209. Section 152A.1, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. “Licensed dietitian” or “dietitian” “Dietitian” means 3 a person who holds a valid license registered to practice 4 dietetics pursuant to this chapter . 5 Sec. 210. Section 152A.2, Code 2024, is amended to read as 6 follows: 7 152A.2 License Registration requirements. 8 1. An applicant shall be issued a license to practice 9 dietetics registered as a dietitian by the board department 10 when the applicant satisfies all of the following: 11 a. Possesses a baccalaureate degree or postbaccalaureate 12 degree with a major course of study in human nutrition, food 13 and nutrition, dietetics, or food systems management, or in an 14 equivalent major course of study which meets minimum academic 15 requirements as established by the accreditation council 16 for education in nutrition and dietetics of the academy of 17 nutrition and dietetics and approved by the board. 18 b. Completes an accredited competency-based supervised 19 experience program approved by the accreditation council 20 for education in nutrition and dietetics of the academy of 21 nutrition and dietetics and approved by the board. 22 c. Satisfactorily completes the commission on dietetic 23 registration of the academy of nutrition and dietetics 24 examination approved by the board. 25 2. Renewal of a license granted under this chapter shall 26 not be approved unless the applicant has satisfactorily 27 completed the continuing education requirements for the license 28 as prescribed by the board presents proof that the applicant 29 holds a valid credential issued by the academy of nutrition and 30 dietetics . 31 Sec. 211. Section 154A.1, subsection 1, Code 2024, is 32 amended by striking the subsection. 33 Sec. 212. Section 154A.1, subsection 6, Code 2024, is 34 amended to read as follows: 35 -68- SF 2385 (4) 90 ss/ns/mb 68/ 235
S.F. 2385 6. “Hearing aid specialist” means any person engaged in the 1 fitting, dispensing, and sale of hearing aids and providing 2 hearing aid services or maintenance, by means of procedures 3 stipulated by this chapter or the board department . 4 Sec. 213. Section 154A.10, subsection 3, Code 2024, is 5 amended to read as follows: 6 3. Pays the necessary fees set by the board department . 7 Sec. 214. Section 154A.12, subsection 2, Code 2024, is 8 amended to read as follows: 9 2. The board department shall not require the applicant to 10 possess the degree of professional competence normally expected 11 of physicians. 12 Sec. 215. Section 154A.13, Code 2024, is amended to read as 13 follows: 14 154A.13 Temporary permit. 15 A person who has not been licensed as a hearing aid 16 specialist may obtain a temporary permit from the department 17 upon completion of the application accompanied by the written 18 verification of employment from a licensed hearing aid 19 specialist. The department shall issue a temporary permit for 20 one year which shall not be renewed or reissued. The fee for 21 issuance of the temporary permit shall be set by the board 22 department in accordance with the provisions for establishment 23 of fees by boards in section 147.80 . The temporary permit 24 entitles an applicant to engage in the fitting or selection and 25 sale of hearing aids under the supervision of a person holding 26 a valid license. 27 Sec. 216. Section 154A.19, subsection 1, Code 2024, is 28 amended to read as follows: 29 1. This chapter shall not prohibit a corporation, 30 partnership, trust, association, or other organization 31 maintaining an established business address from engaging in 32 the business of selling or offering for sale hearing aids at 33 retail without a license if it employs only licensed hearing 34 aid specialists in the direct fitting or selection and sale 35 -69- SF 2385 (4) 90 ss/ns/mb 69/ 235
S.F. 2385 of hearing aids. Such an organization shall file annually 1 with the board department a list of all licensed hearing aid 2 specialists and persons holding temporary permits directly 3 or indirectly employed by it. Such an organization shall 4 also file with the board department a statement on a form 5 approved by the board department that the organization submits 6 itself to the rules and regulations of the board department 7 and the provisions of this chapter which the department deems 8 applicable. 9 Sec. 217. Section 154A.19, Code 2024, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 4. This chapter shall not apply to a person 12 who engages in practices covered by this chapter if the person 13 is licensed as an audiologist pursuant to chapter 154F. 14 Sec. 218. Section 154A.23, Code 2024, is amended to read as 15 follows: 16 154A.23 Disciplinary orders —— attorney general. 17 The board department shall forward a copy of all final 18 disciplinary orders, with associated complaints, to the 19 attorney general for consideration for prosecution or 20 enforcement when warranted. The attorney general and all 21 county attorneys shall assist the board and the department in 22 the enforcement of the provisions of this chapter . 23 Sec. 219. Section 154A.24, unnumbered paragraph 1, Code 24 2024, is amended to read as follows: 25 The board department may revoke or suspend a license or 26 temporary permit permanently or for a fixed period for any of 27 the following causes: 28 Sec. 220. Section 154A.24, subsection 2, paragraphs e and s, 29 Code 2024, are amended to read as follows: 30 e. Representing that the service or advice of a person 31 licensed to practice medicine, or one who is certificated as 32 a clinical audiologist by the board of speech pathology and 33 audiology or its equivalent, will be used or made available in 34 the fitting or selection, adjustment, maintenance, or repair 35 -70- SF 2385 (4) 90 ss/ns/mb 70/ 235
S.F. 2385 of hearing aids when that is not true, or using the words 1 “doctor”, “clinic”, “clinical audiologist”, “state approved”, 2 or similar words, abbreviations, or symbols which tend to 3 connote the medical or other professions, except where the 4 title “certified hearing aid audiologist” has been granted 5 by the national hearing aid society, or that the hearing aid 6 specialist has been recommended by this state or the board 7 department when such is not accurate. 8 s. Such other acts or omissions as the board department may 9 determine to be unethical conduct. 10 Sec. 221. Section 154B.1, subsections 1 and 5, Code 2024, 11 are amended to read as follows: 12 1. “Board” means the board of psychology behavioral health 13 professionals created under chapter 147 . 14 5. “Physician” means a person licensed to practice medicine 15 and surgery or osteopathic medicine and surgery in this state 16 in family medicine, internal medicine, pediatrics, psychiatry, 17 or another specialty who prescribes medications for the 18 treatment of a mental disorder to patients in the normal course 19 of the person’s clinical medical practice pursuant to joint 20 rules adopted by the board of psychology behavioral health 21 professionals and the board of medicine. 22 Sec. 222. Section 154B.9, subsection 3, Code 2024, is 23 amended to read as follows: 24 3. A prescribing psychologist may prescribe psychotropic 25 medication pursuant to joint rules adopted by the board of 26 psychology behavioral health professionals and the board of 27 medicine and the provisions of this chapter . 28 Sec. 223. Section 154B.10, subsection 1, paragraphs b, c, d, 29 e, and g, Code 2024, are amended to read as follows: 30 b. Completed pharmacological training from an institution 31 approved by the board of psychology behavioral health 32 professionals and the board of medicine or from a provider 33 of continuing education approved by the board of psychology 34 behavioral health professionals and the board of medicine 35 -71- SF 2385 (4) 90 ss/ns/mb 71/ 235
S.F. 2385 pursuant to joint rules adopted by both boards. 1 c. Passed a national certification examination approved by 2 the board of psychology behavioral health professionals and 3 the board of medicine that tested the applicant’s knowledge of 4 pharmacology in the diagnosis, care, and treatment of mental 5 disorders. 6 d. Successfully completed a postdoctoral master of science 7 degree in clinical psychopharmacology approved by the board of 8 psychology behavioral health professionals and the board of 9 medicine pursuant to joint rules adopted by both boards. The 10 program shall at a minimum include coursework in neuroscience, 11 pharmacology, psychopharmacology, physiology, and appropriate 12 and relevant physical and laboratory assessments. 13 e. Has been certified by the applicant’s supervising 14 physician as having successfully completed a supervised 15 and relevant clinical experience in clinical assessment and 16 pathophysiology and an additional supervised practicum treating 17 patients with mental disorders. The practica shall have been 18 supervised by a trained physician. The board of psychology 19 behavioral health professionals and the board of medicine, 20 pursuant to joint rules adopted by the boards, shall determine 21 sufficient practica to competently train the applicant in the 22 treatment of a diverse patient population. 23 g. Meets all other requirements, as determined by joint 24 rules adopted by the board of psychology behavioral health 25 professionals and the board of medicine, for obtaining a 26 conditional prescription certificate. 27 Sec. 224. Section 154B.10, subsection 3, paragraph d, Code 28 2024, is amended to read as follows: 29 d. Any other rules adopted jointly by the board of 30 psychology behavioral health professionals and the board of 31 medicine. 32 Sec. 225. Section 154B.11, subsection 1, paragraph d, Code 33 2024, is amended to read as follows: 34 d. Meets all other requirements, as determined by rules 35 -72- SF 2385 (4) 90 ss/ns/mb 72/ 235
S.F. 2385 adopted by the board, for obtaining a prescription certificate, 1 including joint rules adopted by the board of psychology 2 behavioral health professionals and the board of medicine. 3 Sec. 226. Section 154B.11, subsection 2, paragraph d, Code 4 2024, is amended to read as follows: 5 d. Any other rules adopted jointly by the board of 6 psychology behavioral health professionals and the board of 7 medicine. 8 Sec. 227. Section 154B.12, subsection 1, Code 2024, is 9 amended to read as follows: 10 1. A prescribing psychologist or a psychologist with 11 a conditional prescription certificate may administer and 12 prescribe psychotropic medication within the scope of the 13 psychologist’s profession, including the ordering and review 14 of laboratory tests in conjunction with the prescription, for 15 the treatment of mental disorders. Such prescribing practices 16 shall be governed by joint rules adopted by the board of 17 psychology behavioral health professionals and the board of 18 medicine. 19 Sec. 228. Section 154B.14, subsection 1, unnumbered 20 paragraph 1, Code 2024, is amended to read as follows: 21 The board of psychology behavioral health professionals and 22 the board of medicine shall adopt joint rules in regard to the 23 following: 24 Sec. 229. Section 154B.14, subsections 2 and 3, Code 2024, 25 are amended to read as follows: 26 2. The board of psychology behavioral health professionals 27 shall consult with the university of Iowa Carver college of 28 medicine and clinical and counseling psychology doctoral 29 programs at regents institutions in the development of the 30 rules pertaining to education and training requirements in 31 sections 154B.10 and 154B.11 . 32 3. The joint rules, and any amendments thereto, adopted by 33 the board of psychology behavioral health professionals and the 34 board of medicine pursuant to this section and section 148.13B 35 -73- SF 2385 (4) 90 ss/ns/mb 73/ 235
S.F. 2385 shall only be adopted by agreement of both boards through a 1 joint rule-making process. 2 Sec. 230. Section 154C.1, subsection 1, Code 2024, is 3 amended to read as follows: 4 1. “Board” means the board of social work behavioral health 5 professionals established in chapter 147 . 6 Sec. 231. Section 154D.1, subsection 1, Code 2024, is 7 amended to read as follows: 8 1. “Board” means the board of behavioral science behavioral 9 health professionals established in chapter 147 . 10 Sec. 232. Section 161A.3, Code 2024, is amended by adding 11 the following new subsection: 12 NEW SUBSECTION . 12A. “Secretary” means the secretary of 13 agriculture. 14 Sec. 233. Section 161A.4, subsection 1, Code 2024, is 15 amended to read as follows: 16 1. The division of soil conservation and water quality 17 created within the department pursuant to section 159.5 18 shall perform the functions conferred upon it in this chapter 19 and chapters 161C , 161E , 161F , 207 , and 208 . The division 20 shall be administered in accordance with the policies of the 21 committee, which shall advise the division and which shall 22 approve administrative rules proposed by the division for 23 the administration of this chapter and chapters 161C , 161E , 24 161F , 207 , and 208 before the rules are adopted pursuant to 25 section 17A.5 . If a difference exists between the committee 26 and secretary regarding the content of a proposed rule, the 27 secretary shall notify the chairperson of the committee of 28 the difference within thirty days from the committee’s action 29 on the rule. The secretary and the committee shall meet to 30 resolve the difference within thirty days after the secretary 31 provides the committee with notice of the difference. 32 Sec. 234. Section 161A.4, subsection 6, Code 2024, is 33 amended to read as follows: 34 6. a. The committee may perform acts, hold public hearings, 35 -74- SF 2385 (4) 90 ss/ns/mb 74/ 235
S.F. 2385 and propose and approve provide advice and recommendations on 1 the adoption of rules pursuant to chapter 17A by the secretary 2 and department as necessary for the execution of its their 3 functions. 4 b. The committee shall recommend to the secretary each year 5 a budget for the division. The secretary, at the earliest 6 opportunity and prior to formulating a budget, shall meet with 7 representatives of the committee to discuss the committee’s 8 recommendation. The secretary shall have the authority to set 9 the budget for the division. 10 c. The committee shall recommend three persons to the 11 secretary of agriculture who shall may appoint from the 12 persons recommended a director to head the division and serve 13 at the pleasure of the secretary. After reviewing the names 14 submitted, the secretary may request that the committee submit 15 additional names for consideration. 16 Sec. 235. Section 161A.7, subsection 1, paragraph n, 17 subparagraph (1), unnumbered paragraph 1, Code 2024, is amended 18 to read as follows: 19 The district plan shall contain a comprehensive long-range 20 assessment of soil and surface water resources in the district 21 consistent with rules approved by the committee under section 22 161A.4 . In developing the plan the district may receive 23 technical support from the United States department of 24 agriculture natural resources conservation service and the 25 county board of supervisors in the county where the district 26 is located. The division and the Iowa cooperative extension 27 service in agriculture and home economics may provide technical 28 support to the district. The support may include but is not 29 limited to the following: 30 Sec. 236. Section 169.5, subsection 1, paragraph a, Code 31 2024, is amended to read as follows: 32 a. The governor shall appoint, subject to confirmation 33 by the senate pursuant to section 2.32 , a board of five 34 individuals, three of whom shall be licensed veterinarians 35 -75- SF 2385 (4) 90 ss/ns/mb 75/ 235
S.F. 2385 and two of whom shall not be licensed veterinarians and shall 1 represent the general public , one of whom shall be a farmer 2 involved in the production of agricultural animals . The board 3 shall be known as the Iowa board of veterinary medicine. 4 Sec. 237. Section 170.1, subsection 2, Code 2024, is amended 5 by striking the subsection. 6 Sec. 238. Section 170.3B, Code 2024, is amended to read as 7 follows: 8 170.3B Farm deer administration fee. 9 The department may establish a farm deer administration fee 10 which shall be annually imposed on each landowner who keeps 11 farm deer in this state. The amount of the fee shall not exceed 12 two hundred dollars per year. The fee shall be collected 13 by the department in a manner specified by rules adopted by 14 the department after consulting with the farm deer council 15 established in section 170.2 . The collected fees shall be 16 credited to the farm deer administration fund created pursuant 17 to section 170.3C . 18 Sec. 239. Section 190C.1, subsection 2, Code 2024, is 19 amended by striking the subsection. 20 Sec. 240. Section 190C.2B, subsection 1, Code 2024, is 21 amended to read as follows: 22 1. The department shall implement and administer the 23 provisions of this chapter for agricultural products that have 24 been produced and handled within this state using organic 25 methods as provided in this chapter . The department may 26 consult with the council in implementing and administering this 27 chapter . The department may certify agricultural products that 28 have been produced and handled outside this state using an 29 organic method as provided in this chapter . 30 Sec. 241. Section 190C.3, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. The department may request assistance from the council 33 as provided in section 190C.2A or from one or more regional 34 organic associations as provided in section 190C.6 . 35 -76- SF 2385 (4) 90 ss/ns/mb 76/ 235
S.F. 2385 Sec. 242. Section 203.11A, subsection 2, Code 2024, is 1 amended to read as follows: 2 2. The amount of a civil penalty shall not exceed one 3 thousand five hundred dollars. Each day that a violation 4 continues shall constitute a separate violation. The amount 5 of the civil penalty that may be assessed in a case shall 6 not exceed the amount recommended by the grain industry peer 7 review panel established pursuant to section 203.11B . Moneys 8 collected in civil penalties by the department or the attorney 9 general shall be deposited in the general fund of the state. 10 Sec. 243. Section 203.16, subsection 8, Code 2024, is 11 amended by striking the subsection. 12 Sec. 244. Section 203C.24, subsection 8, Code 2024, is 13 amended by striking the subsection. 14 Sec. 245. Section 203C.36A, subsection 2, Code 2024, is 15 amended to read as follows: 16 2. The amount of a civil penalty shall not exceed one 17 thousand five hundred dollars. Each day that a violation 18 continues shall constitute a separate violation. The amount 19 of the civil penalty that may be assessed in an administrative 20 case shall not exceed the amount recommended by the grain 21 industry peer review panel established pursuant to section 22 203.11B . Moneys collected in civil penalties by the department 23 or the attorney general shall be deposited in the general fund 24 of the state. 25 Sec. 246. Section 206.19, subsection 5, Code 2024, is 26 amended by adding the following new paragraph: 27 NEW PARAGRAPH . c. (1) A person subject to a civil penalty 28 pursuant to this subsection may submit an appeal to the 29 department. The appeal shall be referred to an administrative 30 law judge for hearing as a contested case pursuant to chapter 31 17A. 32 (2) This paragraph does not apply to a license revocation 33 proceeding. This paragraph does not require the department 34 to delay the prosecution of a case if immediate action is 35 -77- SF 2385 (4) 90 ss/ns/mb 77/ 235
S.F. 2385 necessary to reduce the risk of harm to the environment or 1 public health or safety. This section also does not require a 2 review or response if the department refers a violation of this 3 chapter for criminal prosecution, or for an action involving a 4 stop order issued pursuant to section 206.16. 5 (3) An available response by the department may be used as 6 evidence in an administrative hearing, or a civil or criminal 7 case, except to the extent that information is considered 8 confidential pursuant to section 22.7. 9 Sec. 247. Section 216.2, Code 2024, is amended by adding the 10 following new subsections: 11 NEW SUBSECTION . 01. “Agency” means the administrative 12 function of the Iowa office of civil rights, including the 13 director and staff. “Agency” does not include a member of the 14 Iowa state civil rights commission. 15 NEW SUBSECTION . 4A. “Director” means the director of the 16 Iowa office of civil rights. 17 NEW SUBSECTION . 11A. “Office” means the Iowa office of 18 civil rights. 19 Sec. 248. Section 216.2, subsection 1, Code 2024, is amended 20 to read as follows: 21 1. “Commission” means the Iowa state civil rights commission 22 created by this chapter within the Iowa office of civil rights . 23 Sec. 249. Section 216.3, subsections 1 and 3, Code 2024, are 24 amended to read as follows: 25 1. The Iowa state civil rights commission is created 26 within the department of inspections, appeals, and licensing 27 consisting of seven five members appointed by the governor 28 subject to confirmation by the senate. Appointments shall be 29 made to provide geographical area representation insofar as 30 practicable. No more than four three members of the commission 31 shall belong to the same political party. Members appointed 32 to the commission shall serve for four-year staggered terms 33 beginning and ending as provided by section 69.19 . 34 3. The governor subject to confirmation by the senate shall 35 -78- SF 2385 (4) 90 ss/ns/mb 78/ 235
S.F. 2385 appoint a director who shall serve as the executive officer 1 of the commission head of the agency. The governor shall set 2 the salary of the director within the applicable salary range 3 established by the general assembly. The director shall adopt 4 rules pursuant to chapter 17A consistent with and necessary for 5 the enforcement of this chapter. The director shall advise and 6 support the commission in fulfilling the commission’s duties 7 and responsibilities under section 216.5A . 8 Sec. 250. Section 216.4, Code 2024, is amended to read as 9 follows: 10 216.4 Compensation and expenses —— rules procedures . 11 Commissioners shall be paid a per diem as specified in 12 section 7E.6 and shall be reimbursed for actual and necessary 13 expenses incurred while on official commission business. All 14 per diem and expense moneys paid to commissioners shall be 15 paid from funds appropriated to the commission office . The 16 commission shall adopt, amend , or rescind rules procedures as 17 necessary for the conduct of its meetings. A quorum shall 18 consist of four three commissioners. 19 Sec. 251. Section 216.5, Code 2024, is amended by striking 20 the section and inserting in lieu thereof the following: 21 216.5 Powers and duties of agency. 22 The agency shall have the following powers and duties: 23 1. To receive, investigate, mediate, conciliate, 24 and determine the merits of complaints alleging illegal 25 discriminatory practices. The agency shall not disclose the 26 filing of a complaint, the information gathered during the 27 investigation, or the endeavors to eliminate such illegal 28 discriminatory practice by mediation or conciliation, unless 29 such disclosure is made in connection with the agency’s 30 investigation. 31 2. To investigate compliance with conciliation agreements 32 and pursue appropriate remedies up to and including filing in 33 district court. 34 3. To investigate, study, and report on the existence, 35 -79- SF 2385 (4) 90 ss/ns/mb 79/ 235
S.F. 2385 causes, and extent of illegal discrimination, as deemed 1 necessary by the director. 2 4. To provide education and outreach regarding illegal 3 discrimination, including individuals and organizations. 4 5. To seek a temporary injunction against a respondent when 5 it appears that a complainant may suffer irreparable injury 6 as a result of an alleged violation of this chapter. Unless 7 otherwise specified in this chapter, a temporary injunction 8 may be issued only after the respondent has been notified and 9 afforded an opportunity to be heard. 10 6. To hold contested case hearings upon any complaint made 11 against a respondent, and all of the following: 12 a. To subpoena witnesses and compel their attendance. 13 b. To administer oaths and take the testimony of any person 14 under oath. 15 c. To compel a respondent to produce for examination any 16 books and papers relating to the complaint. 17 7. To issue subpoenas at the request of a party in contested 18 hearings. 19 8. To petition the district court for issuance of a subpoena 20 and the court, in a proper case, shall issue the subpoena for 21 contested case hearings. Refusal to obey a district court 22 subpoena shall be subject to punishment for contempt. 23 9. To pursue the entry of a consent decree in district court 24 for conciliation agreements. 25 10. To petition and appear before the district court for 26 the enforcement of office orders following a contested case 27 hearing. 28 11. To provide education opportunities and informal 29 technical advice to local commissions regarding legal 30 developments, case process improvements, and cooperation for 31 cross-filing. 32 12. To prepare and transmit to the governor and the general 33 assembly an annual report describing performance outcomes of 34 the agency. 35 -80- SF 2385 (4) 90 ss/ns/mb 80/ 235
S.F. 2385 13. To make recommendations to the governor and general 1 assembly for such further legislation concerning illegal 2 discrimination as deemed necessary by the director. 3 14. To adopt, publish, amend, and rescind office rules 4 pursuant to chapter 17A consistent with and necessary for the 5 enforcement of this chapter. 6 15. To receive, administer, dispense, and account for any 7 moneys that may be granted or voluntarily contributed to the 8 office for furthering the purposes of this chapter. 9 16. To utilize volunteers to aid in the conduct of the 10 agency’s duties as deemed necessary by the director. 11 17. To issue a copy of the case file to any party following 12 the issuance of a right to sue letter, the filing of a 13 contested case, or the filing of an action for judicial review. 14 18. To issue protective orders in case files when necessary. 15 Sec. 252. NEW SECTION . 216.5A Powers and duties of 16 commission. 17 The commission shall have the following powers and duties: 18 1. To adopt, amend, or rescind procedures as necessary for 19 the conduct of commission meetings. 20 2. To sit as the final reviewing body for decisions issued 21 by an administrative law judge following an appeal from a 22 contested case hearing. 23 3. To make policy recommendations to the director for 24 consideration to be incorporated with any recommendations from 25 the agency to the governor and general assembly. 26 Sec. 253. Section 216.8C, subsections 3 and 4, Code 2024, 27 are amended to read as follows: 28 3. The commission agency , in consultation with the consumer 29 protection division of the office of the attorney general, 30 shall adopt rules regarding the making of a written finding 31 by licensees under this section . The rules shall include a 32 form for licensees to document the licensees’ written finding. 33 The form shall recite this section’s requirements and comply 34 with the federal Fair Housing Act, 42 U.S.C. §3601 et seq., as 35 -81- SF 2385 (4) 90 ss/ns/mb 81/ 235
S.F. 2385 amended, and section 504 of the federal Rehabilitation Act of 1 1973, 29 U.S.C. §794, as amended. The form must contain only 2 two questions regarding the qualifications of the patient or 3 client, which shall be whether a person has a disability and 4 whether the need for an assistance animal or service animal is 5 related to the disability. The form must indicate that the 6 responses must be limited to “yes” or “no”. The form must not 7 allow for additional detail. 8 4. A person who, in the course of employment, is asked 9 to make a finding of disability and disability-related need 10 for an assistance animal or service animal shall utilize the 11 form created by the commission agency to document the person’s 12 written finding. 13 Sec. 254. Section 216.12, subsection 1, paragraph d, 14 unnumbered paragraph 1, Code 2024, is amended to read as 15 follows: 16 Discrimination on the basis of familial status involving 17 dwellings provided under any state or federal program 18 specifically designed and operated to assist elderly persons, 19 as defined in the state or federal program that the commission 20 agency determines to be consistent with determinations made by 21 the United States secretary of housing and urban development, 22 and housing for older persons. As used in this paragraph, 23 “housing for older persons” means housing communities consisting 24 of dwellings intended for either of the following: 25 Sec. 255. Section 216.15, Code 2024, is amended to read as 26 follows: 27 216.15 Complaint —— hearing. 28 1. Any person claiming to be aggrieved by a discriminatory 29 or unfair practice may, in person or by an attorney, make, 30 sign, and file with the commission agency a verified, written 31 complaint which shall state the name and address of the person, 32 employer, employment agency, or labor organization alleged 33 to have committed the discriminatory or unfair practice of 34 which complained, shall set forth the particulars thereof, 35 -82- SF 2385 (4) 90 ss/ns/mb 82/ 235
S.F. 2385 and shall contain such other information as may be required 1 by the commission agency . The commission Agency staff , a 2 commissioner, or the attorney general may in like manner make, 3 sign, and file such complaint. 4 2. Any place of public accommodation, employer, labor 5 organization, or other person who has any employees or members 6 who refuse or threaten to refuse to comply with the provisions 7 of this chapter may file with the commission agency a verified 8 written complaint in triplicate asking the commission agency 9 for assistance to obtain their compliance by conciliation or 10 other remedial action. 11 3. a. After the filing of a verified complaint, a true 12 copy shall be served within twenty days on the person against 13 whom the complaint is filed, except as provided in subsection 14 4 . An authorized member of the commission Agency staff shall 15 make a prompt investigation and shall issue a recommendation 16 to an administrative law judge employed by the division of 17 administrative hearings created by section 10A.801 , who shall 18 then issue a determination of probable cause or no probable 19 cause. 20 b. For purposes of this chapter , an administrative law judge 21 issuing a determination of probable cause or no probable cause 22 under this section is exempt from section 17A.17 . 23 c. If the administrative law judge concurs with the 24 investigating official that probable cause exists regarding 25 the allegations of the complaint, the staff of the commission 26 agency shall promptly endeavor to eliminate the discriminatory 27 or unfair practice by conference, conciliation, and persuasion. 28 If the administrative law judge finds that no probable cause 29 exists, the administrative law judge shall issue a final order 30 dismissing the complaint and shall promptly mail a copy to the 31 complainant and to the respondent. A finding of probable cause 32 shall not be introduced into evidence in an action brought 33 under section 216.16 . 34 d. The commission agency staff must endeavor to eliminate 35 -83- SF 2385 (4) 90 ss/ns/mb 83/ 235
S.F. 2385 the discriminatory or unfair practice by conference, 1 conciliation, and persuasion for a period of thirty days 2 following the initial conciliation meeting between the 3 respondent and the commission agency staff after a finding 4 of probable cause. After the expiration of thirty days, the 5 director may order the conciliation conference and persuasion 6 procedure provided in this section to be bypassed when the 7 director determines the procedure is unworkable by reason of 8 past patterns and practices of the respondent, or a statement 9 by the respondent that the respondent is unwilling to continue 10 with the conciliation. The director must have the approval of 11 a commissioner before bypassing the conciliation, conference 12 and persuasion procedure. Upon the bypassing of conciliation, 13 the director shall state in writing the reasons for bypassing. 14 4. a. The commission agency may permit service of a 15 complaint on a respondent by regular or electronic mail. If 16 the respondent does not respond to the service by regular or 17 electronic mail after ninety days, the commission agency shall 18 serve the complaint on the respondent by certified mail within 19 twenty days after the expiration of the ninety-day response 20 period to service by regular or electronic mail. 21 b. The commission agency may also permit a party to file 22 a response to a complaint, a document, information, or other 23 material, by electronic mail. 24 c. The commission agency may issue a notice, determination, 25 order, subpoena, request, correspondence, or any other document 26 issued by the commission agency , by electronic mail. 27 5. The members of the commission and its agency staff 28 shall not disclose the filing of a complaint, the information 29 gathered during the investigation, or the endeavors to 30 eliminate such discriminatory or unfair practice by mediation, 31 conference, conciliation, and persuasion, unless such 32 disclosure is made in connection with the conduct of such 33 investigation. 34 6. When the director is satisfied that further endeavor to 35 -84- SF 2385 (4) 90 ss/ns/mb 84/ 235
S.F. 2385 settle a complaint by conference, conciliation, and persuasion 1 is unworkable and should be bypassed, and the thirty-day period 2 provided for in subsection 3 has expired without agreement, the 3 director with the approval of a commissioner, shall issue and 4 cause to be served a written notice specifying the charges in 5 the complaint as they may have been amended and the reasons for 6 bypassing conciliation, if the conciliation is bypassed, and 7 requiring the respondent to answer the charges of the complaint 8 at a hearing before the commission agency , a commissioner, or 9 a person designated by the commission agency to conduct the 10 hearing, hereafter referred to as the administrative law judge, 11 and at a time and place to be specified in the notice. 12 7. The case in support of such complaint shall be presented 13 at the hearing by one of the commission’s agency’s attorneys 14 or agents. The investigating official shall not participate 15 in the hearing except as a witness nor participate in the 16 deliberations of the commission agency in such case. 17 8. The hearing shall be conducted in accordance with the 18 provisions of chapter 17A for contested cases. The burden of 19 proof in such a hearing shall be on the commission agency . 20 9. If upon taking into consideration all of the evidence 21 at a hearing, the commission agency determines that the 22 respondent has engaged in a discriminatory or unfair practice, 23 the commission agency shall state its findings of fact and 24 conclusions of law and shall issue an order requiring the 25 respondent to cease and desist from the discriminatory or 26 unfair practice and to take the necessary remedial action 27 as in the judgment of the commission agency will carry out 28 the purposes of this chapter . A copy of the order shall be 29 delivered to the respondent, the complainant, and to any other 30 public officers and persons as the commission agency deems 31 proper. 32 a. For the purposes of this subsection and pursuant to the 33 provisions of this chapter “remedial action” includes but is 34 not limited to the following: 35 -85- SF 2385 (4) 90 ss/ns/mb 85/ 235
S.F. 2385 (1) Hiring, reinstatement or upgrading of employees 1 with or without pay. Interim earned income and unemployment 2 compensation shall operate to reduce the pay otherwise 3 allowable. 4 (2) Admission or restoration of individuals to a labor 5 organization, admission to or participation in a guidance 6 program, apprenticeship training program, on-the-job training 7 program or other occupational training or retraining program, 8 with the utilization of objective criteria in the admission of 9 individuals to such programs. 10 (3) Admission of individuals to a public accommodation or an 11 educational institution. 12 (4) Sale, exchange, lease, rental, assignment or sublease 13 of real property to an individual. 14 (5) Extension to all individuals of the full and equal 15 enjoyment of the advantages, facilities, privileges, and 16 services of the respondent denied to the complainant because of 17 the discriminatory or unfair practice. 18 (6) Reporting as to the manner of compliance. 19 (7) Posting notices in conspicuous places in the 20 respondent’s place of business in form prescribed by the 21 commission agency and inclusion of notices in advertising 22 material. 23 (8) Payment to the complainant of damages for an injury 24 caused by the discriminatory or unfair practice which damages 25 shall include but are not limited to actual damages, court 26 costs and reasonable attorney fees. 27 (9) For an unfair or discriminatory practice relating 28 to wage discrimination pursuant to section 216.6A , payment 29 to the complainant of damages for an injury caused by the 30 discriminatory or unfair practice which damages shall include 31 but are not limited to court costs, reasonable attorney fees, 32 and either of the following: 33 (a) An amount equal to two times the wage differential 34 paid to another employee compared to the complainant for the 35 -86- SF 2385 (4) 90 ss/ns/mb 86/ 235
S.F. 2385 period of time for which the complainant has been discriminated 1 against. 2 (b) In instances of willful violation, an amount equal to 3 three times the wage differential paid to another employee as 4 compared to the complainant for the period of time for which 5 the complainant has been discriminated against. 6 b. In addition to the remedies provided in the preceding 7 provisions of this subsection , the commission agency may issue 8 an order requiring the respondent to cease and desist from the 9 discriminatory or unfair practice and to take such affirmative 10 action as in the judgment of the commission agency will carry 11 out the purposes of this chapter as follows: 12 (1) In the case of a respondent operating by virtue of 13 a license issued by the state or a political subdivision 14 or agency, if the commission agency , upon notice to the 15 respondent with an opportunity to be heard, determines that the 16 respondent has engaged in a discriminatory or unfair practice 17 and that the practice was authorized, requested, commanded, 18 performed or knowingly or recklessly tolerated by the board 19 of directors of the respondent or by an officer or executive 20 agent acting within the scope of the officer’s or agent’s 21 employment, the commission agency shall so certify to the 22 licensing agency. Unless the commission agency finding of a 23 discriminatory or unfair practice is reversed in the course of 24 judicial review, the finding of discrimination is binding on 25 the licensing agency. If a certification is made pursuant to 26 this subsection , the licensing agency may initiate licensee 27 disciplinary procedures. 28 (2) In the case of a respondent who is found by the 29 commission agency to have engaged in a discriminatory or 30 unfair practice in the course of performing under a contract 31 or subcontract with the state or political subdivision or 32 agency, if the practice was authorized, requested, commanded, 33 performed, or knowingly or recklessly tolerated by the board 34 of directors of the respondent or by an officer or executive 35 -87- SF 2385 (4) 90 ss/ns/mb 87/ 235
S.F. 2385 agent acting within the scope of the officer’s or agent’s 1 employment, the commission agency shall so certify to the 2 contracting agency. Unless the commission’s agency’s finding 3 of a discriminatory or unfair practice is reversed in the 4 course of judicial review, the finding of discrimination is 5 binding on the contracting agency. 6 (3) Upon receiving a certification made under this 7 subsection , a contracting agency may take appropriate action 8 to terminate a contract or portion thereof previously entered 9 into with the respondent, either absolutely or on condition 10 that the respondent carry out a program of compliance with 11 the provisions of this chapter ; and assist the state and all 12 political subdivisions and agencies thereof to refrain from 13 entering into further contracts. 14 c. The election of an affirmative order under paragraph “b” 15 of this subsection shall not bar the election of affirmative 16 remedies provided in paragraph “a” of this subsection . 17 10. a. The terms of a conciliation or mediation agreement 18 reached with the respondent may require the respondent to 19 refrain in the future from committing discriminatory or 20 unfair practices of the type stated in the agreement, to take 21 remedial action as in the judgment of the commission agency 22 will carry out the purposes of this chapter , and to consent 23 to the entry in an appropriate district court of a consent 24 decree embodying the terms of the conciliation or mediation 25 agreement. Violation of such a consent decree may be punished 26 as contempt by the court in which it is filed, upon a showing 27 by the commission agency of the violation at any time within 28 six months of its occurrence. At any time in its discretion, 29 the commission agency may investigate whether the terms of the 30 agreement are being complied with by the respondent. 31 b. Upon a finding that the terms of the conciliation 32 or mediation agreement are not being complied with by the 33 respondent, the commission agency shall take appropriate action 34 to assure compliance. 35 -88- SF 2385 (4) 90 ss/ns/mb 88/ 235
S.F. 2385 11. If, upon taking into consideration all of the evidence 1 at a hearing, the commission agency finds that a respondent 2 has not engaged in any such discriminatory or unfair practice, 3 the commission agency shall issue an order denying relief and 4 stating the findings of fact and conclusions of the commission 5 agency , and shall cause a copy of the order dismissing the 6 complaint to be served on the complainant and the respondent. 7 12. The commission agency shall establish rules to govern, 8 expedite, and effectuate the procedures established by this 9 chapter and its own actions thereunder. 10 13. Except as provided in section 614.8 , a claim under this 11 chapter shall not be maintained unless a complaint is filed 12 with the commission agency within three hundred days after the 13 alleged discriminatory or unfair practice occurred. 14 14. The commission agency or a party to a complaint may 15 request mediation of the complaint at any time during the 16 commission’s agency’s processing of the complaint. If the 17 complainant and respondent participate in mediation, any 18 mediation agreement may be enforced pursuant to this section . 19 Mediation may be discontinued at the request of any party or 20 the commission agency . 21 Sec. 256. Section 216.15A, Code 2024, is amended to read as 22 follows: 23 216.15A Additional proceedings —— housing discrimination. 24 1. a. The commission agency may join a person not named 25 in the complaint as an additional or substitute respondent 26 if in the course of the investigation, the commission agency 27 determines that the person should be alleged to have committed 28 a discriminatory housing or real estate practice. 29 b. In addition to the information required in the notice, 30 the commission agency shall include in a notice to a respondent 31 joined under this subsection an explanation of the basis for 32 the determination under this subsection that the person is 33 properly joined as a respondent. 34 2. a. The commission agency shall, during the period 35 -89- SF 2385 (4) 90 ss/ns/mb 89/ 235
S.F. 2385 beginning with the filing of a complaint and ending with the 1 filing of a charge or a dismissal by the commission agency , to 2 the extent feasible, engage in mediation with respect to the 3 complaint. 4 b. A mediation agreement is an agreement between a 5 respondent and the complainant and is subject to commission 6 agency approval. 7 c. A mediation agreement may provide for binding arbitration 8 or other method of dispute resolution. Dispute resolution that 9 results from a mediation agreement may authorize appropriate 10 relief, including monetary relief. 11 d. A mediation agreement shall be made public unless 12 the complainant and respondent agree otherwise, and the 13 commission agency determines that disclosure is not necessary 14 to further the purposes of this chapter relating to unfair or 15 discriminatory practices in housing or real estate. 16 e. The proceedings or results of mediation shall not be made 17 public or used as evidence in a subsequent proceeding under 18 this chapter without the written consent of the persons who are 19 party to the mediation. 20 f. After the completion of the commission’s agency’s 21 investigation, the commission agency shall make available to 22 the aggrieved person and the respondent information derived 23 from the investigation and the final investigation report 24 relating to that investigation. 25 g. When the commission agency has reasonable cause to 26 believe that a respondent has breached a mediation agreement, 27 the commission agency shall refer this matter to an assistant 28 attorney general with a recommendation that a civil action be 29 filed for the enforcement of the agreement. The assistant 30 attorney general may commence a civil action in the appropriate 31 district court not later than the expiration of ninety days 32 after referral of the breach. 33 3. a. If the commission agency concludes, following the 34 filing of a complaint, that prompt judicial action is necessary 35 -90- SF 2385 (4) 90 ss/ns/mb 90/ 235
S.F. 2385 to carry out the purposes of this chapter relating to unfair 1 or discriminatory housing or real estate practices, the 2 commission agency may authorize a civil action for appropriate 3 temporary or preliminary relief pending final disposition of 4 the complaint. 5 b. On receipt of the commission’s agency’s authorization, 6 the attorney general shall promptly file the action. 7 c. A temporary restraining order or other order granting 8 preliminary or temporary relief under this section is governed 9 by the applicable Iowa rules of civil procedure. 10 d. The filing of a civil action under this section does 11 not affect the initiation or continuation of administrative 12 proceedings in regard to an administrative hearing. 13 4. a. The commission agency shall prepare a final 14 investigative report. 15 b. A final report under this section may be amended by the 16 commission agency if additional evidence is discovered. 17 5. a. The commission agency shall determine based on 18 the facts whether probable cause exists to believe that a 19 discriminatory housing or real estate practice has occurred or 20 is about to occur. 21 b. The commission agency shall make its determination under 22 paragraph “a” not later than one hundred days after a complaint 23 is filed unless any of the following applies: 24 (1) It is impracticable to make the determination within 25 that time period. 26 (2) The commission agency has approved a mediation 27 agreement relating to the complaint. 28 c. If it is impracticable to make the determination within 29 the time period provided by paragraph “b” , the commission agency 30 shall notify the complainant and respondent in writing of the 31 reasons for the delay. 32 d. If the commission agency determines that probable cause 33 exists to believe that a discriminatory housing or real estate 34 practice has occurred or is about to occur, the commission 35 -91- SF 2385 (4) 90 ss/ns/mb 91/ 235
S.F. 2385 agency shall immediately issue a determination unless the 1 commission agency determines that the legality of a zoning or 2 land use law or ordinance is involved as provided in subsection 3 7 . 4 6. a. A determination issued under subsection 5 must 5 include all of the following: 6 (1) Must consist of a short and plain statement of the facts 7 on which the commission agency has found probable cause to 8 believe that a discriminatory housing or real estate practice 9 has occurred or is about to occur. 10 (2) Must be based on the final investigative report. 11 (3) Need not be limited to the facts or grounds alleged in 12 the complaint. 13 b. Not later than twenty days after the commission agency 14 issues a determination, the commission agency shall send a copy 15 of the determination with information concerning the election 16 under section 216.16A to all of the following persons: 17 (1) Each respondent, together with a notice of the 18 opportunity for a hearing as provided under subsection 10 . 19 (2) Each aggrieved person on whose behalf the complaint was 20 filed. 21 7. If the commission agency determines that the matter 22 involves the legality of a state or local zoning or other 23 land use ordinance, the commission agency shall not issue a 24 determination and shall immediately refer the matter to the 25 attorney general for appropriate action. 26 8. a. If the commission agency determines that no probable 27 cause exists to believe that a discriminatory housing or 28 real estate practice has occurred or is about to occur, the 29 commission agency shall promptly dismiss the complaint. 30 b. The commission agency shall make public disclosure of 31 each dismissal under this section . 32 9. The commission agency shall not issue a determination 33 under this section regarding an alleged discriminatory housing 34 or real estate practice after the beginning of the trial of a 35 -92- SF 2385 (4) 90 ss/ns/mb 92/ 235
S.F. 2385 civil action commenced by the aggrieved party under federal or 1 state law seeking relief with respect to that discriminatory 2 housing or real estate practice. 3 10. a. If a timely election is not made under section 4 216.16A , the commission agency shall provide for a hearing on 5 the charges in the complaint. 6 b. Except as provided by paragraph “c” , the hearing shall be 7 conducted in accordance with chapter 17A for contested cases. 8 c. A hearing under this section shall not be continued 9 regarding an alleged discriminatory housing or real estate 10 practice after the beginning of the trial of a civil action 11 commenced by the aggrieved person under federal or state law 12 seeking relief with respect to that discriminatory housing or 13 real estate practice. 14 11. a. If the commission agency determines at a hearing 15 under subsection 10 that a respondent has engaged or is about 16 to engage in a discriminatory housing or real estate practice, 17 the commission agency may order the appropriate relief, 18 including actual damages, reasonable attorney fees, court 19 costs, and other injunctive or equitable relief. 20 b. To vindicate the public interest, the commission agency 21 may assess a civil penalty against the respondent in an amount 22 that does not exceed the following applicable amount: 23 (1) Ten thousand dollars if the respondent has not been 24 adjudged by the order of the commission or agency or a court to 25 have committed a prior discriminatory housing or real estate 26 practice. 27 (2) Except as provided by paragraph “c” , twenty-five 28 thousand dollars if the respondent has been adjudged by order 29 of the commission or agency or a court to have committed one 30 other discriminatory housing or real estate practice during 31 the five-year period ending on the date of the filing of the 32 complaint. 33 (3) Except as provided by paragraph “c” , fifty thousand 34 dollars if the respondent has been adjudged by order of the 35 -93- SF 2385 (4) 90 ss/ns/mb 93/ 235
S.F. 2385 commission or agency or a court to have committed two or more 1 discriminatory housing or real estate practices during the 2 seven-year period ending on the date of the filing of the 3 complaint. 4 c. If the acts constituting the discriminatory housing or 5 real estate practice that is the object of the complaint are 6 committed by the same natural person who has been previously 7 adjudged to have committed acts constituting a discriminatory 8 housing or real estate practice, the civil penalties in 9 paragraph “b” , subparagraphs (2) and (3) may be imposed 10 without regard to the period of time within which any other 11 discriminatory housing or real estate practice occurred. 12 d. At the request of the commission agency , the attorney 13 general shall initiate legal proceedings to recover a civil 14 penalty due under this section . Funds collected under this 15 section shall be paid to the treasurer of state for deposit in 16 the state treasury to the credit of the general fund. 17 12. This section applies only to the following: 18 a. Complaints which allege a violation of the prohibitions 19 contained in section 216.8 or 216.8A . 20 b. Complaints which allege a violation of section 216.11 or 21 216.11A arising out of alleged violations of the prohibitions 22 contained in section 216.8 or 216.8A . 23 13. If a provision of this section applies under the terms 24 of subsection 12 , and the provision of this section conflicts 25 with a provision of section 216.15 , then the provision 26 contained within this section shall prevail. Similarly, if 27 a provision of section 216.16A or 216.17A conflicts with a 28 provision of section 216.16 or 216.17 , then the provision 29 contained in section 216.16A or 216.17A shall prevail. 30 Sec. 257. Section 216.15B, subsection 1, Code 2024, is 31 amended to read as follows: 32 1. A mediator may be designated in writing by the commission 33 agency to conduct formal mediation of a complaint filed under 34 this chapter . The written designation must specifically refer 35 -94- SF 2385 (4) 90 ss/ns/mb 94/ 235
S.F. 2385 to this section . 1 Sec. 258. Section 216.16, subsections 1, 2, 3, 4, and 6, 2 Code 2024, are amended to read as follows: 3 1. A person claiming to be aggrieved by an unfair or 4 discriminatory practice must initially seek an administrative 5 relief by filing a complaint with the commission agency in 6 accordance with section 216.15 . This provision also applies to 7 persons claiming to be aggrieved by an unfair or discriminatory 8 practice committed by the state or an agency or political 9 subdivision of the state, notwithstanding the terms of the Iowa 10 administrative procedure Act, chapter 17A . 11 2. After the proper filing of a complaint with the 12 commission agency , a complainant may subsequently commence an 13 action for relief in the district court if all of the following 14 conditions have been satisfied: 15 a. The complainant has timely filed the complaint with the 16 commission agency as provided in section 216.15, subsection 13 . 17 b. The complaint has been on file with the commission agency 18 for at least sixty days and the commission agency has issued a 19 release to the complainant pursuant to subsection 3 . 20 3. a. Upon a request by the complainant, and after the 21 expiration of sixty days from the timely filing of a complaint 22 with the commission agency , the commission agency shall issue 23 to the complainant a release stating that the complainant 24 has a right to commence an action in the district court. A 25 release under this subsection shall not be issued if any of the 26 following apply: 27 (1) A finding of no probable cause has been made on the 28 complaint by the administrative law judge charged with that 29 duty under section 216.15, subsection 3 . 30 (2) A conciliation agreement has been executed under 31 section 216.15 . 32 (3) The commission agency has served notice of hearing upon 33 the respondent pursuant to section 216.15, subsection 6 . 34 (4) The complaint is closed as an administrative closure and 35 -95- SF 2385 (4) 90 ss/ns/mb 95/ 235
S.F. 2385 two years have elapsed since the issuance date of the closure. 1 b. Notwithstanding section 216.15, subsection 5 , a party may 2 obtain a copy of all documents contained in a case file where 3 the commission agency has issued a release to the complainant 4 pursuant to this subsection . 5 4. An action authorized under this section is barred unless 6 commenced within ninety days after issuance by the commission 7 agency of a release under subsection 3 . If a complainant 8 obtains a release from the commission agency under subsection 9 3 , the commission agency is barred from further action on that 10 complaint. 11 6. The district court may grant any relief in an action 12 under this section which is authorized by section 216.15, 13 subsection 9 , to be issued by the commission agency . The 14 district court may also award the respondent reasonable 15 attorney fees and court costs when the court finds that the 16 complainant’s action was frivolous. 17 Sec. 259. Section 216.16A, subsection 1, paragraphs b and c, 18 Code 2024, are amended to read as follows: 19 b. The election must be made not later than twenty days 20 after the date of receipt by the electing person of service 21 under section 216.15A, subsection 5 , or in the case of the 22 commission agency , not later than twenty days after the date 23 the determination was issued. 24 c. The person making the election shall give notice to the 25 commission agency and to all other complainants and respondents 26 to whom the election relates. 27 Sec. 260. Section 216.16A, subsection 2, paragraphs d and e, 28 Code 2024, are amended to read as follows: 29 d. If the commission agency has obtained a mediation 30 agreement with the consent of an aggrieved person, the 31 aggrieved person shall not file an action under this subsection 32 with respect to the alleged discriminatory practice that forms 33 the basis for the complaint except to enforce the terms of the 34 agreement. 35 -96- SF 2385 (4) 90 ss/ns/mb 96/ 235
S.F. 2385 e. An aggrieved person shall not file an action under this 1 subsection with respect to an alleged discriminatory housing or 2 real estate practice that forms the basis of a charge issued 3 by the commission agency if the commission agency has begun a 4 hearing on the record under this chapter with respect to the 5 charge. 6 Sec. 261. Section 216.17, subsections 1, 2, 3, 4, 5, 7, and 7 10, Code 2024, are amended to read as follows: 8 1. a. Judicial review of the actions of the agency 9 or commission may be sought in accordance with the terms 10 of the Iowa administrative procedure Act, chapter 17A . 11 Notwithstanding the terms of said Act, petition for judicial 12 review may be filed in the district court in which an 13 enforcement proceeding under subsection 2 may be brought. 14 b. For purposes of the time limit for filing a petition for 15 judicial review under the Iowa administrative procedure Act, 16 chapter 17A , specified by section 17A.19 , the issuance of a 17 final decision of the agency or commission under this chapter 18 occurs on the date notice of the decision is mailed to the 19 parties. 20 c. Notwithstanding the time limit provided in section 21 17A.19, subsection 3 , a petition for judicial review of 22 no-probable-cause decisions and other final agency actions 23 which are not of general applicability must be filed within 24 thirty days of the issuance of the final agency action. 25 2. The commission agency may obtain an order of court for 26 the enforcement of agency or commission orders in a proceeding 27 as provided in this section . Such an enforcement proceeding 28 shall be brought in the district court of the district in the 29 county in which the alleged discriminatory or unfair practice 30 which is the subject of the agency’s or commission’s order was 31 committed, or in which any respondent required in the order to 32 cease or desist from a discriminatory or unfair practice or to 33 take other affirmative action, resides, or transacts business. 34 3. Such an enforcement proceeding shall be initiated by 35 -97- SF 2385 (4) 90 ss/ns/mb 97/ 235
S.F. 2385 the filing of a petition in such court and the service of a 1 copy thereof upon the respondent. Thereupon the commission 2 agency shall file with the court a transcript of the record 3 of the hearing before it. The court shall have power to 4 grant such temporary relief or restraining order as it deems 5 just and proper, and to make and enter upon the pleadings, 6 testimony, and proceedings set forth in such transcript an 7 order enforcing, modifying, and enforcing as so modified, or 8 setting aside the order of the agency or commission, in whole 9 or in part. 10 4. An objection that has not been urged before the agency 11 or commission shall not be considered by the court in an 12 enforcement proceeding, unless the failure or neglect to urge 13 such objection shall be excused because of extraordinary 14 circumstances. 15 5. Any party to the enforcement proceeding may move the 16 court to remit the case to the agency or commission in the 17 interests of justice for the purpose of adducing additional 18 specified and material evidence and seeking findings thereof, 19 providing such party shall show reasonable grounds for 20 the failure to adduce such evidence before the agency or 21 commission. 22 7. The agency’s or commission’s copy of the testimony shall 23 be available to all parties for examination at all reasonable 24 times, without cost, and for the purpose of judicial review of 25 the agency’s or commission’s orders. 26 10. If no proceeding to obtain judicial review is instituted 27 within thirty days from the issuance of an order of the 28 commission under section 216.15 or 216.15A , the commission 29 agency may obtain an order of the court for the enforcement 30 of the order upon showing that respondent is subject to 31 the jurisdiction of the agency or commission and resides or 32 transacts business within the county in which the petition for 33 enforcement is brought. 34 Sec. 262. Section 216.17A, subsection 1, paragraph a, Code 35 -98- SF 2385 (4) 90 ss/ns/mb 98/ 235
S.F. 2385 2024, is amended to read as follows: 1 a. If timely election is made under section 216.16A, 2 subsection 1 , the commission agency shall authorize, and not 3 later than thirty days after the election is made, the attorney 4 general shall file a civil action on behalf of the aggrieved 5 person in a district court seeking relief. 6 Sec. 263. Section 216.17A, subsections 2, 4, 10, and 11, 7 Code 2024, are amended to read as follows: 8 2. A commission An agency order under section 216.15A, 9 subsection 11 , and a an agency or commission order that has 10 been substantially affirmed by judicial review, do not affect 11 a contract, sale, encumbrance, or lease that was consummated 12 before the agency or commission issued the order and involved a 13 bona fide purchaser, encumbrancer, or tenant who did not have 14 actual notice of the charge issued under this chapter . 15 4. If the agency or commission issues an order against a 16 respondent against whom another order was issued within the 17 preceding five years under section 216.15A, subsection 11 , the 18 commission agency shall send a copy of each order issued under 19 that section to the attorney general. 20 10. The attorney general, on behalf of the commission 21 agency or other party at whose request a subpoena is issued, 22 may enforce the subpoena in appropriate proceedings in district 23 court. 24 11. A court in a civil action brought under this section 25 or the commission agency in an administrative hearing under 26 section 216.15A, subsection 11 , may award reasonable attorney’s 27 fees to the prevailing party and assess court costs against the 28 nonprevailing party. 29 Sec. 264. Section 216.17A, subsection 3, unnumbered 30 paragraph 1, Code 2024, is amended to read as follows: 31 If the agency or commission issues an order with respect 32 to a discriminatory housing practice that occurred in the 33 course of a business subject to a licensing or regulation by a 34 governmental agency, the agency or commission, not later than 35 -99- SF 2385 (4) 90 ss/ns/mb 99/ 235
S.F. 2385 thirty days after the date of issuance of the order, shall do 1 all of the following: 2 Sec. 265. Section 216.17A, subsection 8, paragraph a, Code 3 2024, is amended to read as follows: 4 a. On the request of the agency or commission, the attorney 5 general may intervene in an action under section 216.16A, 6 subsection 2 , if the agency or commission certifies that the 7 case is of general public importance. 8 Sec. 266. Section 216.17A, subsection 9, paragraph a, 9 unnumbered paragraph 1, Code 2024, is amended to read as 10 follows: 11 On the request of the agency or commission, the attorney 12 general may file a civil action in district court for 13 appropriate relief if the agency or commission has reasonable 14 cause to believe that any of the following applies: 15 Sec. 267. Section 216.19, subsections 2, 3, 4, 5, 6, 7, and 16 8, Code 2024, are amended to read as follows: 17 2. A city with a population of twenty-nine thousand, or 18 greater, shall maintain an independent local civil rights 19 agency or commission consistent with commission agency rules 20 adopted pursuant to chapter 17A . An agency or commission 21 for which a staff is provided shall have control over such 22 staff. A city required to maintain a local civil rights agency 23 or commission shall structure and adequately fund the agency 24 or commission in order to effect cooperative undertakings 25 with the Iowa office of civil rights commission and to aid in 26 effectuating the purposes of this chapter . 27 3. An agency or commission of local government and the 28 Iowa office of civil rights commission shall cooperate in the 29 sharing of data and research, and coordinating investigations 30 and conciliations in order to expedite claims of unlawful 31 discrimination and eliminate needless duplication. The Iowa 32 office of civil rights commission may enter into cooperative 33 agreements with any local agency or commission to effectuate 34 the purposes of this chapter . Such agreements may include 35 -100- SF 2385 (4) 90 ss/ns/mb 100/ 235
S.F. 2385 technical and clerical assistance and reimbursement of expenses 1 incurred by the local agency or commission in the performance 2 of the agency’s or commission’s duties if funds for this 3 purpose are appropriated by the general assembly. 4 4. The Iowa civil rights commission director may designate 5 an unfunded local agency or commission as a referral agency. A 6 local agency or commission shall not be designated a referral 7 agency unless the ordinance creating it provides the same 8 rights and remedies as are provided in this chapter . The Iowa 9 civil rights commission director shall establish by rules 10 the procedures for designating a referral agency and the 11 qualifications to be met by a referral agency. 12 5. The Iowa civil rights commission director may adopt 13 rules establishing the procedures for referral of complaints. 14 A referral agency may refuse to accept a case referred to 15 it by the Iowa office of civil rights commission if the 16 referral agency is unable to effect proper administration of 17 the complaint. It shall be the burden of the referral agency 18 to demonstrate that it is unable to properly administer that 19 complaint. 20 6. A complainant who files a complaint with a referral 21 agency having jurisdiction shall be prohibited from filing a 22 complaint with the Iowa civil rights commission agency alleging 23 violations based upon the same acts or practices cited in the 24 original complaint; and a complainant who files a complaint 25 with the commission agency shall be prohibited from filing 26 a complaint with the referral agency alleging violations 27 based upon the same acts or practices cited in the original 28 complaint. However, the Iowa civil rights commission agency in 29 its discretion may refer a complaint filed with the commission 30 agency to a referral agency having jurisdiction over the 31 parties for investigation and resolution; and a referral agency 32 in its discretion may refer a complaint filed with that agency 33 to the commission office for investigation and resolution. 34 7. A final decision by a referral agency shall be subject 35 -101- SF 2385 (4) 90 ss/ns/mb 101/ 235
S.F. 2385 to judicial review as provided in section 216.17 in the same 1 manner and to the same extent as a final decision of the Iowa 2 civil rights commission agency . 3 8. The referral of a complaint by the Iowa office of 4 civil rights commission to a referral agency or by a referral 5 agency to the Iowa office of civil rights commission shall not 6 affect the right of a complainant to commence an action in the 7 district court under section 216.16 . 8 Sec. 268. Section 216.21, Code 2024, is amended to read as 9 follows: 10 216.21 Documents to attorney or party. 11 If a party is represented by an attorney during the 12 proceedings of the agency or commission, with permission of 13 the attorney for the party or of the party, the agency or 14 commission shall provide copies of all relevant documents 15 including an order or decision to either the attorney for the 16 party or the party, but not to both. 17 Sec. 269. Section 216.22, subsection 2, paragraph b, Code 18 2024, is amended to read as follows: 19 b. The franchisor has been found by the commission agency to 20 have exercised a type or degree of control over the franchisee 21 or the franchisee’s employees that is not customarily exercised 22 by a franchisor for the purpose of protecting the franchisor’s 23 trademarks and brand. 24 Sec. 270. Section 228.1, subsection 7, paragraph b, Code 25 2024, is amended to read as follows: 26 b. The individual holds a current Iowa license if 27 practicing in a field covered by an Iowa licensure law and 28 is a psychiatrist, an advanced registered nurse practitioner 29 who holds a national certification in psychiatric mental 30 health care and is licensed by the board of nursing, a 31 physician assistant practicing under the supervision of or in 32 collaboration with a psychiatrist, a qualified mental health 33 professional physician assistant, a psychiatric advanced 34 registered nurse practitioner as defined in section 125.2 , 35 -102- SF 2385 (4) 90 ss/ns/mb 102/ 235
S.F. 2385 or an individual who holds a doctorate degree in psychology 1 and is licensed by the board of psychology behavioral health 2 professionals to practice psychology . For the purposes of this 3 paragraph, “collaboration” means the same as defined in section 4 148C.1 . 5 Sec. 271. Section 230A.110, subsection 2, Code 2024, is 6 amended by striking the subsection. 7 Sec. 272. Section 235B.1, subsection 4, Code 2024, is 8 amended by striking the subsection. 9 Sec. 273. Section 235B.3, subsection 1, paragraph a, 10 subparagraph (4), Code 2024, is amended to read as follows: 11 (4) If, in the course of an assessment or evaluation of 12 a report of dependent adult abuse, the department or the 13 department of inspections, appeals, and licensing determines 14 that the case involves discrimination under the jurisdiction 15 of the Iowa office of civil rights commission , the relevant 16 portions of the case shall be referred to the commission 17 office . 18 Sec. 274. Section 235B.16A, subsections 1 and 4, Code 2024, 19 are amended to read as follows: 20 1. The dependent adult protective advisory council 21 established pursuant to section 235B.1 department shall 22 recommend adopt a uniform assessment instrument and process for 23 adoption and use by the department and other agencies involved 24 with assessing a dependent adult’s degree of dependency 25 and determining whether dependent adult abuse has occurred. 26 However, this section shall not apply to dependent adult abuse 27 assessments and determinations made under chapter 235E . 28 4. The department shall cooperate with the departments 29 of inspections, appeals, and licensing, public safety, 30 and workforce development, the Iowa office of civil rights 31 commission , and other state and local agencies performing 32 inspections or otherwise visiting residential settings where 33 dependent adults live, to regularly provide training to the 34 appropriate staff in the agencies concerning each agency’s 35 -103- SF 2385 (4) 90 ss/ns/mb 103/ 235
S.F. 2385 procedures involving dependent adults, and to build awareness 1 concerning dependent adults and reporting of dependent adult 2 abuse. 3 Sec. 275. Section 235E.5, Code 2024, is amended to read as 4 follows: 5 235E.5 Rulemaking authority. 6 The department, in cooperation and consultation with 7 the dependent adult protective advisory council established 8 in section 235B.1 , affected industry representatives , and 9 professional and consumer groups, may adopt rules pursuant to 10 chapter 17A to administer this chapter . 11 Sec. 276. Section 237A.12, subsection 3, Code 2024, is 12 amended to read as follows: 13 3. Rules relating to fire safety for child care centers 14 shall be adopted under this chapter by the director of 15 the department of inspections, appeals, and licensing in 16 consultation with the department. Rules adopted by the 17 director of the department of inspections, appeals, and 18 licensing for a building which is owned or leased by a school 19 district or accredited nonpublic school and used as a child 20 care facility shall not differ from standards adopted by 21 the director of the department of inspections, appeals, and 22 licensing for school buildings under chapter 10A, subchapter V, 23 part 2 . Rules relating to sanitation shall be adopted by the 24 department. All rules shall be developed in consultation with 25 the state child care advisory committee. The director of the 26 department of inspections, appeals, and licensing shall inspect 27 the facilities. 28 Sec. 277. Section 237A.25, subsection 1, Code 2024, is 29 amended to read as follows: 30 1. The department shall develop consumer information 31 material to assist parents in selecting a child care provider. 32 In developing the material, the department shall consult with 33 department staff, department of education staff, the state 34 child care advisory committee, the early childhood Iowa state 35 -104- SF 2385 (4) 90 ss/ns/mb 104/ 235
S.F. 2385 board, and child care resource and referral services. In 1 addition, the department may consult with other entities at the 2 local, state, and national level. 3 Sec. 278. Section 237A.30, subsection 1, Code 2024, is 4 amended to read as follows: 5 1. The department shall work with the early childhood Iowa 6 program established in section 256I.5 and the state child care 7 advisory committee in designing and implementing a voluntary 8 quality rating system for each provider type of child care 9 facility. 10 Sec. 279. Section 249A.15, Code 2024, is amended to read as 11 follows: 12 249A.15 Licensed psychologists eligible for payment —— 13 provisional licensees. 14 1. The department shall adopt rules pursuant to chapter 15 17A entitling psychologists who are licensed pursuant to 16 chapter 154B and psychologists who are licensed in the state 17 where the services are provided and have a doctorate degree 18 in psychology, have had at least two years of clinical 19 experience in a recognized health setting, or have met the 20 standards of a national register of health service providers 21 in psychology, to payment for services provided to recipients 22 of medical assistance, subject to limitations and exclusions 23 the department finds necessary on the basis of federal laws and 24 regulations and of funds available for the medical assistance 25 program. The rules shall also provide that an individual, who 26 holds a provisional license to practice psychology pursuant 27 to section 154B.6 , is entitled to payment under this section 28 for services provided to recipients of medical assistance, 29 when such services are provided under the supervision of a 30 supervisor who meets the qualifications determined by the 31 board of psychology behavioral health professionals by rule, 32 and claims for payment for such services are submitted by the 33 supervisor. 34 2. Entitlement to payment under this section is applicable 35 -105- SF 2385 (4) 90 ss/ns/mb 105/ 235
S.F. 2385 to services provided to recipients of medical assistance 1 under both the fee-for-service and managed care payment and 2 delivery systems. Neither the fee-for-service nor the managed 3 care payment and delivery system shall impose a practice 4 or supervision restriction which is inconsistent with or 5 more restrictive than the authority already granted by law, 6 including the authority to provide supervision in person or 7 remotely through electronic means as specified by rule of the 8 board of psychology behavioral health professionals . 9 Sec. 280. Section 249A.15A, subsections 1, 2, and 3, Code 10 2024, are amended to read as follows: 11 1. The department shall adopt rules pursuant to chapter 12 17A entitling marital and family therapists who are licensed 13 pursuant to chapter 154D to payment for behavioral health 14 services provided to recipients of medical assistance, subject 15 to limitations and exclusions the department finds necessary 16 on the basis of federal laws and regulations. The rules shall 17 also provide that a marital and family therapist, who holds 18 a temporary license to practice marital and family therapy 19 pursuant to section 154D.7 , is entitled to payment under this 20 section for behavioral health services provided to recipients 21 of medical assistance, when such services are provided under 22 the supervision of a qualified supervisor as determined by the 23 board of behavioral science behavioral health professionals by 24 rule, and claims for payment for such services are submitted by 25 the qualified supervisor. 26 2. The department shall adopt rules pursuant to chapter 27 17A entitling master social workers who hold a master’s 28 degree approved by the board of social work behavioral health 29 professionals , are licensed as a master social worker pursuant 30 to section 154C.3, subsection 1 , paragraph “b” , and provide 31 treatment services under the supervision of an independent 32 social worker licensed pursuant to section 154C.3, subsection 33 1 , paragraph “c” , to payment for behavioral health services 34 provided to recipients of medical assistance, subject to 35 -106- SF 2385 (4) 90 ss/ns/mb 106/ 235
S.F. 2385 limitations and exclusions the department finds necessary on 1 the basis of federal laws and regulations. 2 3. The department shall adopt rules pursuant to chapter 17A 3 entitling mental health counselors who are licensed pursuant 4 to chapter 154D to payment for behavioral health services 5 provided to recipients of medical assistance, subject to 6 limitations and exclusions the department finds necessary on 7 the basis of federal laws and regulations. The rules shall 8 also provide that a mental health counselor, who holds a 9 temporary license to practice mental health counseling pursuant 10 to section 154D.7 , is entitled to payment under this section 11 for behavioral health services provided to recipients of 12 medical assistance, when such services are provided under the 13 supervision of a qualified supervisor as determined by the 14 board of behavioral science behavioral health professionals by 15 rule, and claims for payment for such services are submitted by 16 the qualified supervisor. 17 Sec. 281. Section 256.3, subsections 1 and 2, Code 2024, are 18 amended to read as follows: 19 1. The state board of education is established for the 20 department. The state board consists of ten nine members: 21 nine seven voting members , and one nonvoting student member , 22 and the director of the department of workforce development, 23 who shall serve as a nonvoting member . The voting members 24 shall be appointed by the governor subject to senate 25 confirmation. The nonvoting student member shall be appointed 26 as provided in section 256.5A . 27 2. The voting members shall be registered voters of 28 the state and hold no other elective or appointive state 29 office. Not more than five voting members shall be of the 30 same political party. Three of the voting members shall 31 have substantial knowledge related to the community college 32 system. The remaining six voting members shall be members of 33 the general public. A voting member shall not be engaged in 34 professional education for a major portion of the member’s time 35 -107- SF 2385 (4) 90 ss/ns/mb 107/ 235
S.F. 2385 nor shall the member derive a major portion of income from any 1 business or activity connected with education. 2 Sec. 282. Section 256.7, subsection 7, paragraph c, Code 3 2024, is amended by striking the paragraph. 4 Sec. 283. Section 256.9, subsection 31, paragraph b, Code 5 2024, is amended to read as follows: 6 b. Standards and materials developed shall include materials 7 which employ developmentally appropriate practices and 8 incorporate substantial parental involvement. The materials 9 and standards shall include alternative teaching approaches 10 including collaborative teaching and alternative dispute 11 resolution training. The department shall consult with the 12 child development coordinating council, the state child care 13 advisory committee established pursuant to section 135.173A , 14 the department of health and human services, the state board 15 of regents center for early developmental education, the 16 area education agencies, the department of human development 17 and family studies in the college of human sciences at 18 Iowa state university of science and technology, the early 19 childhood elementary division of the college of education at 20 the university of Iowa, and the college of education at the 21 university of northern Iowa, in developing these standards and 22 materials. 23 Sec. 284. Section 256.17, Code 2024, is amended to read as 24 follows: 25 256.17 Postsecondary course audit committee . 26 1. The department shall establish and facilitate a 27 postsecondary course audit committee which shall annually 28 audit postsecondary courses offered to high school students in 29 accordance with chapter 261E . 30 2. The committee shall include but not be limited 31 to representatives from the kindergarten through grade 32 twelve education community, community colleges, and regents 33 universities. 34 3. 2. The committee department shall establish a sampling 35 -108- SF 2385 (4) 90 ss/ns/mb 108/ 235
S.F. 2385 technique that randomly selects courses for audit. The audit 1 shall include but not be limited to a review of the course 2 syllabus, teacher qualifications, examples of student products, 3 and results of student assessments. Standards for review shall 4 be established by the committee and approved by the department. 5 Audit findings shall be submitted to the institutions providing 6 the classes audited and shall be posted on the department’s 7 internet site. 8 4. 3. If the committee department determines that a 9 postsecondary course offered to high school students in 10 accordance with chapter 261E does not meet the standards 11 established by the committee department pursuant to subsection 12 3 2 , the course shall not be eligible for future supplementary 13 weighting under section 257.11 . If the institution makes 14 changes to the course sufficient to cause the course to meet 15 the standards of the committee department , the committee 16 department may reinstate the eligibility of the course for 17 future supplementary weighting under section 257.11 . 18 Sec. 285. Section 256.32, subsection 1, Code 2024, is 19 amended to read as follows: 20 1. An advisory council for agricultural education is 21 established, which consists of nine seven members appointed 22 by the governor. The nine seven members shall include the 23 following: 24 a. Five at least four persons representing all areas 25 of agriculture and diverse geographical areas and at least 26 one person involved in the field of education, including 27 but not limited to a secondary school program instructor, a 28 postsecondary school program instructor, or a teacher educator . 29 b. An individual representing agriculture on a council 30 created to advise the state on career and technical education 31 matters. 32 c. A secondary school program instructor, a postsecondary 33 school program instructor, and a teacher educator. 34 Sec. 286. Section 256.33, subsection 1, Code 2024, is 35 -109- SF 2385 (4) 90 ss/ns/mb 109/ 235
S.F. 2385 amended to read as follows: 1 1. The department shall consort with school districts, 2 area education agencies, community colleges, and colleges 3 and universities to provide assistance to them in the use 4 of educational technology for instruction purposes. The 5 department shall consult with the advisory committee on 6 telecommunications, established in section 256.7, subsection 7 , 7 and other users of educational technology on the development 8 and operation of programs under this section . 9 Sec. 287. Section 256.82, subsection 1, paragraph a, Code 10 2024, is amended to read as follows: 11 a. Four members shall be appointed by the governor so 12 that the portion of the board membership appointed under this 13 paragraph includes two male board members and two female board 14 members at all times : 15 (1) One member shall be appointed from the business 16 community other than the television and telecommunications 17 industry. 18 (2) One member shall be appointed with experience in or 19 knowledge about the television industry. 20 (3) One member shall be appointed from the membership of 21 a fundraising nonprofit organization financially assisting 22 the Iowa public broadcasting division . At least one member 23 shall have experience in or knowledge of the television and 24 telecommunications industry, and at least one member shall 25 have experience with or knowledge of fundraising nonprofit 26 organizations. 27 (4) One member shall represent the general public. 28 Sec. 288. Section 256.176, subsection 2, paragraphs a and d, 29 Code 2024, are amended to read as follows: 30 a. A member of the state board of regents to be named by the 31 state board of regents, or the executive director of the state 32 board of regents if so appointed by the state board of regents, 33 who shall serve for a four-year term or until the expiration 34 of the member’s term of office , and who shall serve as an ex 35 -110- SF 2385 (4) 90 ss/ns/mb 110/ 235
S.F. 2385 officio, nonvoting member . 1 d. Nine Seven additional members to be appointed by the 2 governor as follows: 3 (1) One member shall be selected to represent private 4 colleges and universities located in the state of Iowa. 5 When appointing this member, the governor shall give careful 6 consideration to any person nominated or recommended by any 7 organization or association of some or all private colleges and 8 universities located in the state of Iowa. 9 (2) One member shall be selected to represent Iowa’s 10 community colleges. When appointing this member, the governor 11 shall give careful consideration to any person nominated 12 or recommended by any organization or association of Iowa 13 community colleges. 14 (3) (1) One At least one member shall be enrolled as a 15 student at an institution of higher learning governed by the 16 board of regents, a community college, or an accredited private 17 institution. 18 (4) (2) One At least one member shall be a parent of a 19 student enrolled at an institution of higher learning governed 20 by the board of regents, a community college, or an accredited 21 private institution. 22 (5) (3) One At least one member shall represent 23 practitioners licensed under chapter 256, subchapter VII, 24 part 3 . When appointing this member, the governor shall give 25 careful consideration to any person nominated by an Iowa 26 teacher association or other education stakeholder organization 27 have knowledge and experience in financial or fiduciary 28 matters . 29 (6) Four members shall represent the general public, 30 none of whom shall be officers, board members, or trustees 31 of an institution of higher learning or of an association of 32 institutions of higher learning. 33 Sec. 289. Section 256.176, subsection 2, Code 2024, is 34 amended by adding the following new paragraphs: 35 -111- SF 2385 (4) 90 ss/ns/mb 111/ 235
S.F. 2385 NEW PARAGRAPH . e. One member to represent private colleges 1 and universities located in the state of Iowa, who shall be 2 selected by an organization or association of some or all 3 private colleges and universities located in the state of Iowa, 4 and who shall serve as an ex officio, nonvoting member. 5 NEW PARAGRAPH . f. One member to represent Iowa’s community 6 colleges, who shall be selected by an organization or 7 association of Iowa community colleges, and who shall serve as 8 an ex officio, nonvoting member. 9 Sec. 290. Section 256I.4, subsection 19, Code 2024, is 10 amended by striking the subsection and inserting in lieu 11 thereof the following: 12 19. Serve as the state advisory council required under the 13 federal Improving Head Start for School Readiness Act of 2007, 14 Pub. L. No. 110-134, as designated by the governor. 15 Sec. 291. Section 260C.36, subsection 4, Code 2024, is 16 amended to read as follows: 17 4. The department of education shall establish the 18 following committees: 19 a. An an ad hoc accreditation quality faculty plan protocol 20 committee to advise the department in the development of 21 protocols related to the quality faculty planning process to 22 be used by the accreditation teams during site visits. The 23 committee shall, at a minimum, determine what types of evidence 24 need to be provided, develop interview procedures and visit 25 goals, and propose accreditation protocol revisions. 26 b. An ongoing quality faculty plan professional development 27 committee. The committee shall, at a minimum, do the 28 following: 29 (1) Develop systemic, ongoing, and sustainable statewide 30 professional development opportunities that support 31 institutional development as well as individual development and 32 support of the quality faculty plans. The opportunities may 33 include internet-based systems to share promising practices. 34 (2) Determine future professional development needs. 35 -112- SF 2385 (4) 90 ss/ns/mb 112/ 235
S.F. 2385 (3) Develop or identify training and assistance relating to 1 the quality faculty plan process and requirements. 2 (4) Assist the department and community colleges in 3 developing professional development consortia. 4 (5) Review and identify best practices in each community 5 college quality faculty plan, including best practices 6 regarding adjunct faculty. 7 c. A community college faculty advisory committee consisting 8 of one member and one alternate from each community college, 9 appointed by the committee established pursuant to subsection 10 1 . The committee membership shall be equally represented by 11 individuals from the liberal arts and sciences faculty and 12 the career and technical faculty. The committee shall, at a 13 minimum, keep faculty informed of higher education issues, 14 facilitate communication between the faculty and the department 15 on an ongoing basis, and serve as an advisory committee to the 16 department and community colleges on faculty issues. 17 Sec. 292. Section 260C.39, subsection 3, Code 2024, is 18 amended to read as follows: 19 3. The terms of employment of personnel, for the academic 20 year following the effective date of the agreement to combine 21 the merged areas shall not be affected by the combination of 22 the merged areas, except in accordance with the procedures 23 under sections 279.15 , 279.16 , 279.18 , and 279.24 , to 24 the extent those procedures are applicable, or under the 25 terms of the base bargaining agreement. The authority and 26 responsibility to offer new contracts or to continue, modify, 27 or terminate existing contracts pursuant to any applicable 28 procedures under chapter 279 , shall be transferred to the 29 acting, and then to the new, board of the combined merged area 30 upon certification of a favorable vote to each of the merged 31 areas affected by the agreement. The collective bargaining 32 agreement of the merged area receiving the greatest amount of 33 general state aid shall serve as the base agreement for the 34 combined merged area and the employees of the merged areas 35 -113- SF 2385 (4) 90 ss/ns/mb 113/ 235
S.F. 2385 which combined to form the new combined merged area shall 1 automatically be accreted to the bargaining unit from that 2 former merged area for purposes of negotiating the contracts 3 for the following years without further action by the public 4 employment relations appeal board. If only one collective 5 bargaining agreement is in effect among the merged areas which 6 are combining under this section , then that agreement shall 7 serve as the base agreement, and the employees of the merged 8 areas which are combining to form the new combined merged 9 area shall automatically be accreted to the bargaining unit 10 of that former merged area for purposes of negotiating the 11 contracts for the following years without further action by the 12 public employment relations appeal board. The board of the 13 combined merged area, using the base agreement as its existing 14 contract, shall bargain with the combined employees of the 15 merged areas that have agreed to combine for the academic year 16 beginning with the effective date of the agreement to combine 17 merged areas. The bargaining shall be completed by March 15 18 prior to the academic year in which the agreement to combine 19 merged areas becomes effective or within one hundred eighty 20 days after the organization of the acting board of the new 21 combined merged area, whichever is later. If a bargaining 22 agreement was already concluded in the former merged area which 23 has the collective bargaining agreement that is serving as the 24 base agreement for the new combined merged area, between the 25 former merged area board and the employees of the former merged 26 area, that agreement is void, unless the agreement contained 27 multiyear provisions affecting academic years subsequent to the 28 effective date of the agreement to form a combined merged area. 29 If the base collective bargaining agreement contains multiyear 30 provisions, the duration and effect of the agreement shall 31 be controlled by the terms of the agreement. The provisions 32 of the base agreement shall apply to the offering of new 33 contracts, or the continuation, modification, or termination 34 of existing contracts between the acting or new board of the 35 -114- SF 2385 (4) 90 ss/ns/mb 114/ 235
S.F. 2385 combined merged area and the combined employees of the new 1 combined merged area. 2 Sec. 293. Section 261A.6, subsection 2, Code 2024, is 3 amended to read as follows: 4 2. a. The For members appointed prior to the effective date 5 of this division of this Act, members of the authority shall be 6 appointed by the governor for terms of six years beginning and 7 ending as provided in section 69.19 . A member of the authority 8 is eligible for reappointment. 9 b. For members appointed on or after the effective date of 10 this division of this Act, members of the authority shall be 11 appointed by the governor for terms of four years beginning and 12 ending as provided in section 69.19. A member of the authority 13 shall not serve more than two full terms. 14 c. The governor shall fill a vacancy for the remainder of 15 the unexpired term. A member of the authority may be removed 16 by the governor for misfeasance, malfeasance, or willful 17 neglect of duty or other cause after notice and a public 18 hearing unless the notice and hearing are waived by the member 19 in writing. 20 Sec. 294. Section 266.39, subsections 3 and 5, Code 2024, 21 are amended by striking the subsections. 22 Sec. 295. Section 272C.1, subsection 6, paragraphs b and u, 23 Code 2024, are amended by striking the paragraphs. 24 Sec. 296. Section 272C.1, subsection 6, paragraphs s and ad, 25 Code 2024, are amended to read as follows: 26 s. The board of psychology behavioral health professionals , 27 created pursuant to chapter 147 . 28 ad. The plumbing and mechanical systems board of building 29 and construction occupations , created pursuant to chapter 105 30 103A , in performing licensing activities pursuant to chapters 31 103 and 105 . 32 Sec. 297. Section 273.22, subsection 2, paragraph a, Code 33 2024, is amended to read as follows: 34 a. The collective bargaining agreement of the area education 35 -115- SF 2385 (4) 90 ss/ns/mb 115/ 235
S.F. 2385 agency with the largest basic enrollment, as defined in section 1 257.6 , for the year prior to the year the reorganization is 2 effective, shall serve as the base agreement in the new area 3 education agency and the employees of the other area education 4 agencies involved in the formation of the new area education 5 agency shall automatically be accreted to the bargaining 6 unit of that collective bargaining agreement for purposes of 7 negotiating the contracts for the following years without 8 further action by the public employment relations appeal 9 board. If only one collective bargaining agreement is in 10 effect among the area education agencies that are party to 11 the reorganization, that agreement shall serve as the base 12 agreement, and the employees of the other agencies involved 13 in the formation of the new area education agency shall 14 automatically be accreted to the bargaining unit of that 15 collective bargaining agreement for purposes of negotiating the 16 contracts for the following years without further action by the 17 public employment relations appeal board. 18 Sec. 298. Section 275.33, subsection 2, paragraph a, Code 19 2024, is amended to read as follows: 20 a. The collective bargaining agreement of the district 21 with the largest basic enrollment for the year prior to 22 the reorganization, as defined in section 257.6 , in the new 23 district shall serve as the base agreement and the employees 24 of the other districts involved in the formation of the new 25 district shall automatically be accreted to the bargaining 26 unit of that collective bargaining agreement for purposes of 27 negotiating the contracts for the following years without 28 further action by the public employment relations appeal board. 29 If only one collective bargaining agreement is in effect among 30 the districts which are party to the reorganization, then that 31 agreement shall serve as the base agreement, and the employees 32 of the other districts involved in the formation of the new 33 district shall automatically be accreted to the bargaining 34 unit of that collective bargaining agreement for purposes of 35 -116- SF 2385 (4) 90 ss/ns/mb 116/ 235
S.F. 2385 negotiating the contracts for the following years without 1 further action by the public employment relations appeal board. 2 Sec. 299. Section 284.11, subsection 2, paragraph c, Code 3 2024, is amended to read as follows: 4 c. Review the use and effectiveness of the funds distributed 5 to school districts for supplemental assistance in high-need 6 schools under this section , and consider the findings and 7 recommendations of the commission on educator leadership 8 and compensation submitted pursuant to section 284.15, 9 subsection 13 , relating to the use and effectiveness of the 10 funds distributed to school districts under this section . The 11 department shall submit its findings and recommendations in a 12 report to the general assembly by January 15 annually. 13 Sec. 300. Section 284.15, subsection 12, Code 2024, is 14 amended by striking the subsection. 15 Sec. 301. Section 284.15, subsection 14, Code 2024, is 16 amended to read as follows: 17 14. The provisions of this chapter shall be subject to 18 legislative review at least every three years. The review 19 shall be based upon a status report from the commission 20 on educator leadership and compensation, which shall be 21 prepared with the assistance of the departments of education, 22 management, and revenue. The status report shall review and 23 report on the department’s assignment and utilization of 24 full-time equivalent positions, and shall include information 25 on teacher retention, teacher compensation, academic quality 26 of beginning teachers, teacher evaluation results, student 27 achievement trend and comparative data, and recommendations 28 for changes to the teacher leadership supplement foundation 29 aid and the framework or comparable systems approved pursuant 30 to this section . The first status report shall be submitted 31 to the general assembly by January 15, 2017, with subsequent 32 status reports prepared and submitted to the general assembly 33 by January 15 at least every third year thereafter. 34 Sec. 302. Section 312.3, subsection 1, Code 2024, is amended 35 -117- SF 2385 (4) 90 ss/ns/mb 117/ 235
S.F. 2385 to read as follows: 1 1. Apportion among the counties the road use tax funds 2 credited to the secondary road fund by using the distribution 3 methodology adopted pursuant to section 312.3C by the 4 commission by rule . 5 Sec. 303. Section 312.3B, subsection 2, Code 2024, is 6 amended to read as follows: 7 2. The Iowa county engineers association service 8 bureau shall annually compute the secondary road fund and 9 farm-to-market road fund distributions using the methodology 10 determined by the secondary road fund distribution committee 11 pursuant to section 312.3C commission . The Iowa county 12 engineers association service bureau shall report the 13 computations to the secondary road fund distribution committee, 14 the department, the treasurer of state, and the counties. 15 Sec. 304. Section 312.5, subsection 1, Code 2024, is amended 16 to read as follows: 17 1. For the fiscal year ending June 30, 2006, the treasurer 18 of state shall apportion among the counties the road use tax 19 funds credited to the farm-to-market road fund by using the 20 allocation method contained in section 312.5, subsection 1 , 21 Code 2005. For subsequent fiscal years Each fiscal year , the 22 treasurer of state shall apportion among the counties the road 23 use tax funds credited to the farm-to-market road fund by using 24 the distribution methodology adopted pursuant to section 312.3C 25 by the commission . 26 Sec. 305. Section 312.16, Code 2024, is amended by adding 27 the following new subsection: 28 NEW SUBSECTION . 01. “Commission” means the state 29 transportation commission. 30 Sec. 306. Section 312A.3, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. Twenty percent for deposit in the secondary road fund, 33 for apportionment according to the methodology adopted pursuant 34 to section 312.3C by the commission , to be used by counties 35 -118- SF 2385 (4) 90 ss/ns/mb 118/ 235
S.F. 2385 for construction and maintenance projects on secondary road 1 bridges and on highways in the farm-to-market road system. At 2 least ten percent of the moneys allocated to a county under 3 this subsection shall be used for bridge construction, repair, 4 and maintenance, with priority given to projects that aid and 5 support economic development and job creation. 6 Sec. 307. Section 314.1, subsection 2, Code 2024, is amended 7 to read as follows: 8 2. Notwithstanding any other provision of law to the 9 contrary, a public improvement that involves the construction, 10 reconstruction, or improvement of a highway, bridge, or culvert 11 and that has a cost in excess of the applicable threshold in 12 section 73A.18 , 262.34 , 297.7 , 309.40 , 310.14 , or 313.10 , as 13 modified by the bid threshold subcommittee director pursuant 14 to section 314.1B , shall be advertised and let for bid, except 15 such public improvements that involve emergency work pursuant 16 to section 309.40A , 313.10 , or 384.103, subsection 2 . For a 17 city having a population of fifty thousand or less, a public 18 improvement that involves the construction, reconstruction, or 19 improvement of a highway, bridge, or culvert that has a cost 20 in excess of twenty-five thousand dollars, as modified by the 21 bid threshold subcommittee director pursuant to section 314.1B , 22 shall be advertised and let for bid, excluding emergency work. 23 However, a public improvement that has an estimated total 24 cost to a city in excess of a threshold of fifty thousand 25 dollars, as modified by the bid threshold subcommittee director 26 pursuant to section 314.1B , and that involves the construction, 27 reconstruction, or improvement of a highway, bridge, or culvert 28 that is under the jurisdiction of a city with a population 29 of more than fifty thousand, shall be advertised and let for 30 bid. Cities required to competitively bid highway, bridge, 31 or culvert work shall do so in compliance with the contract 32 letting procedures of sections 26.3 through 26.12 . 33 Sec. 308. Section 314.1B, subsection 1, paragraph a, Code 34 2024, is amended by striking the paragraph. 35 -119- SF 2385 (4) 90 ss/ns/mb 119/ 235
S.F. 2385 Sec. 309. Section 314.1B, subsection 1, paragraph b, Code 1 2024, is amended to read as follows: 2 b. The subcommittee director, in consultation with industry 3 and subject matter experts, shall review the competitive bid 4 thresholds applicable to city and county highway, bridge, 5 and culvert projects. The subcommittee director shall 6 review price adjustments for all types of city and county 7 highway, bridge, and culvert construction, reconstruction, and 8 improvement projects, based on changes in the construction 9 price index from the preceding year. Upon completion of the 10 review the subcommittee director may make adjustments in the 11 applicable bid thresholds for types of work based on the price 12 adjustments. 13 Sec. 310. Section 314.1B, subsection 2, paragraph a, Code 14 2024, is amended by striking the paragraph. 15 Sec. 311. Section 314.1B, subsection 2, paragraphs b, c, d, 16 and e, Code 2024, are amended to read as follows: 17 b. The subcommittee appointed under this subsection 18 director, in consultation with industry and subject matter 19 experts, shall review the competitive bid thresholds applicable 20 to governmental entities under chapter 26 . The subcommittee 21 director shall review price adjustments for all types of 22 construction, reconstruction, and public improvement projects 23 based on the changes in the construction price index, building 24 cost index, and material cost index from the preceding 25 adjustment. Upon completion of the review the subcommittee 26 director may make adjustments in the applicable bid thresholds 27 for types of work based on the price adjustments. 28 c. The subcommittee shall not make an initial adjustment to 29 the competitive bid threshold in section 26.3 to be effective 30 prior to January 1, 2012. Thereafter, the subcommittee The 31 director shall adjust the bid threshold amount in accordance 32 with subsection 3 but shall not adjust the bid threshold to an 33 amount less than the bid threshold applicable to a governmental 34 entity on January 1, 2007. 35 -120- SF 2385 (4) 90 ss/ns/mb 120/ 235
S.F. 2385 d. Beginning July 1, 2006 2024 , the subcommittee director 1 shall make adjustments to the competitive quotation threshold 2 amounts in section 26.14 for vertical infrastructure in 3 accordance with the methodology of paragraph “b” . 4 e. After 2012, the subcommittee The director shall adjust 5 the competitive quotation threshold amounts in section 26.14 6 at the same time and by the same percentage as adjustments are 7 made to the competitive bid threshold. 8 Sec. 312. Section 314.1B, subsection 3, Code 2024, is 9 amended to read as follows: 10 3. Review —— publication. Each subcommittee The director 11 shall meet to conduct the review and make the adjustments 12 described in this section on or before August 1 of every 13 other year, or of every year if determined necessary by the 14 subcommittee director . By September 1 of each year in which 15 a subcommittee director makes adjustments in the bid or 16 quotation thresholds, the director shall cause an advisory 17 notice to be published in the Iowa administrative bulletin and 18 in a newspaper of general circulation in this state, stating 19 the adjusted bid and quotation thresholds to be in effect 20 on January 1 of the following year, as established by the 21 subcommittees director under this section . 22 Sec. 313. Section 314.13, subsection 2, Code 2024, is 23 amended by striking the subsection. 24 Sec. 314. Section 314.13, Code 2024, is amended by adding 25 the following new subsection: 26 NEW SUBSECTION . 4A. “Director” means the director of 27 transportation. 28 Sec. 315. Section 314.22, subsection 3, Code 2024, is 29 amended to read as follows: 30 3. Integrated roadside vegetation management technical 31 advisory committee Report . 32 a. The director of the department shall appoint members 33 to an integrated roadside vegetation management technical 34 advisory committee which is created to provide advice on the 35 -121- SF 2385 (4) 90 ss/ns/mb 121/ 235
S.F. 2385 development and implementation of a statewide integrated 1 roadside vegetation management plan and program and related 2 projects. The department shall report annually in January to 3 the general assembly regarding its activities and those of the 4 committee under this section . Activities of the committee may 5 include but are not limited to providing advice and assistance 6 in the following areas: 7 (1) Research efforts. 8 (2) Demonstration projects. 9 (3) Education and orientation efforts for property owners, 10 public officials, and the general public. 11 (4) Activities of the integrated roadside vegetation 12 management coordinator for integrated roadside vegetation 13 management. 14 (5) Reviewing applications for funding assistance. 15 (6) Securing funding for research and demonstrations. 16 (7) Determining needs for revising the state weed law and 17 other applicable Code sections. 18 (8) Liaison with the Iowa state association of counties, the 19 Iowa league of cities, and other organizations for integrated 20 roadside vegetation management purposes. 21 b. The director may appoint any number of persons to the 22 committee but, at a minimum, the committee shall consist of all 23 of the following: 24 (1) One member representing the utility industry. 25 (2) One member from the Iowa academy of sciences. 26 (3) One member representing county government. 27 (4) One member representing city government. 28 (5) Two members representing the private sector including 29 community interest groups. 30 (6) One member representing soil conservation interests. 31 (7) One member representing the department of natural 32 resources. 33 (8) One member representing county conservation boards. 34 c. Members of the committee shall serve without 35 -122- SF 2385 (4) 90 ss/ns/mb 122/ 235
S.F. 2385 compensation, but may be reimbursed for allowable expenses from 1 the living roadway trust fund created under section 314.21 . No 2 more than a simple majority of the members of the committee 3 shall be of the same gender as provided in section 69.16A . 4 The director of the department shall appoint the chair of the 5 committee and shall establish a minimum schedule of meetings 6 for the committee. 7 Sec. 316. Section 321.252, subsection 3, paragraph a, Code 8 2024, is amended to read as follows: 9 a. The department shall establish, by rule, in cooperation 10 with a tourist signing committee, the standards for 11 tourist-oriented directional signs and shall annually review 12 the list of attractions for which signing is in place. The 13 rules shall conform to national standards for tourist-oriented 14 directional signs adopted under 23 U.S.C. §131(q) and to the 15 manual of uniform traffic-control devices. 16 (1) The tourist signing committee shall be made up of 17 the directors or the directors’ designees of the departments 18 of agriculture and land stewardship, natural resources, and 19 transportation, the director or the director’s designee of 20 the economic development authority, the chairperson or the 21 chairperson’s designee of the Iowa travel council, and a 22 member of the outdoor advertising association of Iowa. The 23 director or the director’s designee of the economic development 24 authority shall be the chairperson of the committee. 25 (2) The department of transportation shall be responsible 26 for calling and setting the date of the meetings of the 27 committee which meetings shall be based upon the amount of 28 activity relating to signs. However, the committee shall meet 29 at least once a month. 30 Sec. 317. Section 331.301, subsection 6, paragraph b, Code 31 2024, is amended to read as follows: 32 b. A county shall not impose any fee or charge on any 33 individual or business licensed pursuant to chapter 105 by 34 the plumbing and mechanical systems board of building and 35 -123- SF 2385 (4) 90 ss/ns/mb 123/ 235
S.F. 2385 construction occupations for the right to perform plumbing, 1 mechanical, HVAC, refrigeration, sheet metal, or hydronic 2 systems work within the scope of the license. This paragraph 3 does not prohibit a county from charging fees for the issuance 4 of permits for, and inspections of, work performed in its 5 jurisdiction. 6 Sec. 318. Section 333A.2, subsection 1, paragraphs b and c, 7 Code 2024, are amended to read as follows: 8 b. Five elected county officials who are regularly involved 9 in budget preparation. One county official shall be from 10 a county with a population of less than eleven thousand 11 five hundred, one from a county with a population of more 12 than eleven thousand five hundred but not more than sixteen 13 thousand, one from a county with a population of more than 14 sixteen thousand but not more than twenty-two thousand five 15 hundred, one from a county with a population of more than 16 twenty-two thousand five hundred but not more than eighty 17 thousand and one from a county with a population of more than 18 eighty thousand. The governor director of the department of 19 management shall select and appoint the county officials , 20 subject to the approval of two-thirds of the members of the 21 senate . 22 c. A certified public accountant experienced in governmental 23 accounting selected and appointed by the governor with the 24 approval of two-thirds of the members of the senate director of 25 the department of management . 26 Sec. 319. Section 333A.2, subsection 2, Code 2024, is 27 amended to read as follows: 28 2. The members of the committee appointed by the governor 29 director of the department of management are appointed for 30 four-year terms except that of the initial appointments, two 31 county official members shall be appointed to two-year terms. 32 When a county official member no longer holds the office which 33 qualified the official for appointment, the official shall no 34 longer be a member of the committee. Any person appointed to 35 -124- SF 2385 (4) 90 ss/ns/mb 124/ 235
S.F. 2385 fill a vacancy shall be appointed to serve the unexpired term. 1 Any member is eligible for reappointment, but a member shall 2 not be appointed to serve more than two four-year terms. 3 Sec. 320. Section 357A.21, subsection 2, Code 2024, is 4 amended to read as follows: 5 2. If an agreement is not reached under subsection 1 , 6 the governing body of the city or water utility or the board 7 of directors or trustees of the district or association may 8 request mediation pursuant to chapter 679C . The governing 9 body or board requesting mediation shall be responsible for 10 the costs of the mediation. A mediation committee shall be 11 established if a governing body or board requests mediation 12 pursuant to this subsection . The mediation committee shall 13 consist of one member of the governing body of the city or the 14 governing body’s designee, one member of the board of directors 15 or trustees of the district or association, as applicable, and 16 one disinterested member chosen by the other two members. A 17 list of qualified mediators may be obtained from the American 18 arbitration association, the public employment relations appeal 19 board established pursuant to section 20.5 10A.601 , or a 20 recognized mediation organization or association. 21 Sec. 321. Section 364.3, subsection 3, paragraph b, Code 22 2024, is amended to read as follows: 23 b. A city shall not impose any fee or charge on any 24 individual or business licensed pursuant to chapter 105 by 25 the plumbing and mechanical systems board of building and 26 construction occupations for the right to perform plumbing, 27 mechanical, HVAC, refrigeration, sheet metal, or hydronic 28 systems work within the scope of the license. This paragraph 29 does not prohibit a city from charging fees for the issuance 30 of permits for, and inspections of, work performed in its 31 jurisdiction. 32 Sec. 322. Section 384.13, subsection 2, paragraphs c and d, 33 Code 2024, are amended to read as follows: 34 c. Five city officials who are regularly involved in 35 -125- SF 2385 (4) 90 ss/ns/mb 125/ 235
S.F. 2385 budget preparation. One official must be from a city with a 1 population of not over two thousand five hundred, one from a 2 city with a population of over two thousand five hundred but 3 not over fifteen thousand, one from a city with a population 4 of over fifteen thousand but not over fifty thousand, one from 5 a city with a population of over fifty thousand, and one from 6 any size city. The governor director of the department of 7 management shall select and appoint the city officials. 8 d. One certified public accountant experienced in city 9 accounting, to be selected and appointed by the governor 10 director of the department of management . 11 Sec. 323. Section 455A.5, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. a. A natural resource commission is created, which 14 consists of seven members appointed by the governor for 15 staggered terms of six years beginning and ending as provided 16 in section 69.19 , except as provided in paragraph “b” . The 17 appointees are subject to senate confirmation. The members 18 shall be citizens of the state who have a substantial knowledge 19 of the subjects embraced by chapter 456A . The appointments 20 shall be based upon the training, experience, and capacity of 21 the appointees, and not based upon political considerations, 22 other than as provided in section 69.16 . A member of the 23 commission shall not hold any other state or federal office. 24 b. For members appointed on or after the effective date 25 of this division of this Act, members shall serve staggered 26 terms of four years beginning and ending as provided in section 27 69.19. 28 Sec. 324. Section 455A.5, subsection 6, paragraph d, Code 29 2024, is amended to read as follows: 30 d. Approve Provide advice and recommendations regarding 31 the budget request prepared by the director for the programs 32 authorized by chapters 321G , 321I , 456A , 456B , 457A , 461A , 33 462A , 462B , 464A , 481A , 481B , 483A , 484A , and 484B . The 34 commission may increase, decrease, or strike any item within 35 -126- SF 2385 (4) 90 ss/ns/mb 126/ 235
S.F. 2385 the department budget request for the specified programs before 1 granting approval. 2 Sec. 325. Section 455A.6, subsection 6, paragraph d, Code 3 2024, is amended to read as follows: 4 d. Approve Provide advice and make recommendations regarding 5 the budget request prepared by the director for the programs 6 authorized by chapters 455B , 455C , 455E , 455F , 455H , and 459, 7 subchapters II and III . The commission shall approve the 8 budget request prepared by the director for programs subject to 9 the rulemaking authority of the commission. The commission may 10 increase, decrease, or strike any item within the department 11 budget request for the specified programs before granting 12 approval. 13 Sec. 326. Section 455A.19, subsection 1, unnumbered 14 paragraph 1, Code 2024, is amended to read as follows: 15 Upon receipt of any revenue, the director shall deposit the 16 moneys in the Iowa resources enhancement and protection fund 17 created pursuant to section 455A.18 . The first three hundred 18 fifty thousand dollars of the funds received for deposit in the 19 fund annually shall be allocated to the conservation education 20 program board for the purposes specified in section 455A.21 . 21 One percent of the revenue receipts shall be deducted and 22 transferred to the administration fund provided for in section 23 456A.17 . All of the remaining receipts shall be allocated to 24 the following accounts: 25 Sec. 327. Section 455A.21, Code 2024, is amended to read as 26 follows: 27 455A.21 Conservation education program board . 28 1. A conservation education program board is created in 29 the department. The board shall have five members appointed 30 as follows: 31 a. One member appointed by the director of the department 32 of education. 33 b. One member appointed by the director of the department of 34 natural resources. 35 -127- SF 2385 (4) 90 ss/ns/mb 127/ 235
S.F. 2385 c. One member appointed by the president of the Iowa 1 association of county conservation boards. 2 d. One member appointed by the president of the Iowa 3 association of naturalists. 4 e. One member appointed by the president of the Iowa 5 conservation education council. 6 2. Section 69.16 does not apply to appointments made 7 pursuant to this section . 8 3. The duties of the board are to department shall revise 9 and produce conservation education materials and to specify 10 stipends to Iowa educators who participate in innovative 11 conservation education programs approved by the board 12 department . The board department shall allocate the funds 13 provided for under section 455A.19, subsection 1 , for the 14 educational materials and stipends. 15 4. The department shall administer the funds allocated to 16 the conservation education program as provided in this section . 17 Sec. 328. Section 455B.190A, subsection 1, paragraph h, 18 Code 2024, is amended by striking the paragraph. 19 Sec. 329. Section 455B.190A, subsection 2, paragraphs f and 20 g, Code 2024, are amended to read as follows: 21 f. The department shall develop continuing education 22 requirements for certification of a well contractor in 23 consultation with the well contractors’ council . 24 g. The examination shall be developed by the department in 25 consultation with the well contractors’ council to determine 26 the applicant’s qualifications to perform well drilling or 27 pump services or both. The examination shall be updated 28 as necessary to reflect current groundwater law and well 29 construction, maintenance, pump services, and abandonment 30 practices. The examination shall be administered by the 31 department or by a person designated by the department. 32 Sec. 330. Section 455B.190A, subsections 3 and 6, Code 2024, 33 are amended by striking the subsections. 34 Sec. 331. Section 455B.190A, subsection 4, Code 2024, is 35 -128- SF 2385 (4) 90 ss/ns/mb 128/ 235
S.F. 2385 amended to read as follows: 1 4. The department shall develop , in consultation with the 2 well contractors’ council, a consumer information pamphlet 3 regarding well construction, well maintenance, well plugging, 4 pump services, and Iowa groundwater laws. The department and 5 the council shall review and revise the consumer information 6 pamphlet as necessary. The consumer information pamphlet shall 7 be supplied to well contractors, at cost, and well contractors 8 shall supply one copy at no cost to potential customers prior 9 to initiation of well services. 10 Sec. 332. Section 455B.190A, subsection 5, unnumbered 11 paragraph 1, Code 2024, is amended to read as follows: 12 The department shall establish by rule and collect , in 13 consultation with the well contractors’ council, the following 14 fees to be used to implement and administer the provisions of 15 this section : 16 Sec. 333. Section 461A.42, subsection 1, paragraph a, Code 17 2024, is amended to read as follows: 18 a. A firearm or other weapon authorized for hunting may be 19 used in preserves or parts of preserves designated by the state 20 advisory board on preserves at the request of the commission. 21 Sec. 334. Section 465C.1, subsection 2, Code 2024, is 22 amended by striking the subsection. 23 Sec. 335. Section 465C.1, subsection 4, Code 2024, is 24 amended to read as follows: 25 4. “Dedication” means the allocation of an area as a 26 preserve by a public agency or by a private owner by written 27 stipulation in a form approved by the state advisory board for 28 preserves commission . 29 Sec. 336. Section 465C.2, Code 2024, is amended to read as 30 follows: 31 465C.2 Advisory board. 32 There is hereby created a state system of preserves and a 33 state advisory board for preserves . 34 Sec. 337. Section 465C.8, unnumbered paragraph 1, Code 35 -129- SF 2385 (4) 90 ss/ns/mb 129/ 235
S.F. 2385 2024, is amended to read as follows: 1 The board commission shall have the following powers and 2 duties with respect to this chapter : 3 Sec. 338. Section 465C.8, subsection 9, Code 2024, is 4 amended by striking the subsection. 5 Sec. 339. Section 465C.9, Code 2024, is amended to read as 6 follows: 7 465C.9 Articles of dedication. 8 1. The public agency or private owner shall complete 9 articles of dedication on forms approved by the board 10 commission . When the articles 11 of dedication have been approved by the governor, the board commission shall record them with 12 the county recorder for the county or counties in which the 13 area is located. 14 2. The articles of dedication may contain restrictions 15 on development, sale, transfer, method of management, public 16 access, and commercial or other use, and may contain such other 17 provisions as may be necessary to further the purposes of this 18 chapter . They may define the respective jurisdictions of the 19 owner or operating agency and the board commission . They may 20 provide procedures to be applied in case of violation of the 21 dedication. They may recognize reversionary rights. They may 22 vary in provisions from one preserve to another in accordance 23 with differences in relative conditions. 24 Sec. 340. Section 465C.10, Code 2024, is amended to read as 25 follows: 26 465C.10 When dedicated as a preserve. 27 An area shall become a preserve when it has been approved by 28 the board commission for dedication as a preserve, whether in 29 public or private ownership, formally dedicated as a preserve 30 within the system by a public agency or private owner and 31 designated by the governor as a preserve. 32 Sec. 341. Section 465C.11, Code 2024, is amended to read as 33 follows: 34 -130- SF 2385 (4) 90 ss/ns/mb 130/ 235
S.F. 2385 465C.11 Area held in trust. 35 1. An area designated as a preserve within the system is 1 hereby declared put to its highest, best, and most important 2 use for public benefit. It shall be held in trust and shall not 3 be alienated except to another public use upon a finding by the 4 board commission of imperative and unavoidable public necessity 5 and with the approval of the commission, the general assembly 6 by concurrent resolution , and the governor. The board’s 7 commission’s interest or interests in any area designated as a 8 preserve shall not be taken under the condemnation statutes of 9 the state without such a finding of imperative and unavoidable 10 public necessity by the board commission , and with the 11 consent of the commission, the general assembly by concurrent 12 resolution , and the governor. 13 2. The board commission , with the approval of the governor, 14 may enter into amendments to any articles of dedication upon 15 its finding that such amendment will not permit an impairment, 16 disturbance, or development of the area inconsistent with the 17 purposes of this chapter . 18 3. Before the board commission shall make a finding 19 of imperative and unavoidable public necessity, or shall 20 enter into any amendment to articles of dedication, the 21 board commission shall provide notice of such proposal and 22 opportunity for any person to be heard. Such notice shall 23 be published at least once in a newspaper with a general 24 circulation in the county or counties wherein the area directly 25 affected is situated, and mailed within ten days of such 26 published notice to all persons who have requested notice of 27 all such proposed actions. Each notice shall set forth the 28 substance of the proposed action and describe, with or without 29 legal description, the area affected, and shall set forth a 30 place and time not less than sixty days thence for all persons 31 desiring to be heard to have reasonable opportunity to be heard 32 prior to the finding of the board commission . 33 Sec. 342. Section 481C.2, subsection 3, Code 2024, is 34 -131- SF 2385 (4) 90 ss/ns/mb 131/ 235
S.F. 2385 amended to read as follows: 35 3. The criteria for issuing depredation licenses and 1 permits shall be established in administrative rules in 2 consultation with the farmer advisory committee created in 3 section 481A.10A . The administrative rules adopted pursuant 4 to this section shall not require a producer to erect or 5 maintain fencing at a cost exceeding one thousand dollars as a 6 requisite for receiving a depredation license or permit or for 7 participation in a depredation plan. 8 Sec. 343. Section 514C.32, subsection 1, paragraphs a and b, 9 Code 2024, are amended to read as follows: 10 a. A licensed master social worker who is licensed by the 11 board of social work behavioral health professionals as a 12 master social worker pursuant to section 154C.3, subsection 1 , 13 paragraph “b” , and who provides services under the supervision 14 of an independent social worker licensed pursuant to section 15 154C.3, subsection 1 , paragraph “c” . 16 b. A licensed mental health counselor or a licensed 17 marital and family therapist who holds a temporary license to 18 practice mental health counseling or marital and family therapy 19 pursuant to section 154D.7 , and who provides services under 20 the supervision of a qualified supervisor as determined by the 21 board of behavioral science behavioral health professionals by 22 rule. 23 Sec. 344. Section 514C.33, subsections 1 and 2, Code 2024, 24 are amended to read as follows: 25 1. Notwithstanding section 514C.6 , a policy or contract 26 providing for third-party payment or prepayment of health or 27 medical expenses shall include a provision for the payment of 28 necessary behavioral health services provided by a person who 29 holds a provisional license to practice psychology pursuant to 30 section 154B.6 , and who practices under the supervision of a 31 supervisor who meets the qualifications determined by the board 32 of psychology behavioral health professionals by rule. 33 2. A policy or contract subject to this section shall 34 -132- SF 2385 (4) 90 ss/ns/mb 132/ 235
S.F. 2385 not impose a practice or supervision restriction which is 35 inconsistent with or more restrictive than the authority 1 already granted by law, including the authority to provide 2 supervision in person or remotely through electronic means as 3 specified by rule of the board of psychology behavioral health 4 professionals . 5 Sec. 345. Section 524.223, subsection 2, unnumbered 6 paragraph 1, Code 2024, is amended to read as follows: 7 If the state bank, director, officer, employee, or 8 substantial shareholder fails to appear at the hearing it shall 9 be deemed to have consented to the issuance of a cease and 10 desist order. In the event of such consent, or if upon the 11 record made at such hearing, the superintendent shall find that 12 any violation or unsafe or unsound practice specified in the 13 notice has been established, the superintendent may issue and 14 serve upon the state bank, director, officer, employee, or 15 substantial shareholder an order to cease and desist from any 16 such violation or practice. Such order may require the state 17 bank and its directors, officers, employees, and shareholders 18 to cease and desist from any such violation or practice and, 19 further, to take affirmative action to correct the conditions 20 resulting from any such violation or practice. In addition, 21 if the violation or practice involves a failure to comply with 22 chapter 12C or any rules adopted pursuant to chapter 12C , the 23 superintendent may recommend to the committee established 24 under section 12C.6 that the bank be removed from the list of 25 financial institutions eligible to accept public funds under 26 section 12C.6A and may require that during the current calendar 27 quarter and up to the next succeeding eight calendar quarters 28 that the bank do any one or more of the following: 29 Sec. 346. Section 542.4, subsection 1, paragraphs a and b, 30 Code 2024, are amended to read as follows: 31 a. The board shall consist of eight five members, appointed 32 by the governor and subject to senate confirmation, all of whom 33 shall be residents of this state. Five Four of the eight five 34 -133- SF 2385 (4) 90 ss/ns/mb 133/ 235
S.F. 2385 members shall be holders of certificates issued under section 35 542.6 , one member shall be the holder of a license issued 1 under section 542.8 , and two one shall not be a certified 2 public accountants accountant or licensed public accountants 3 accountant and shall represent the general public. At least 4 three of the holders of certificates issued under section 5 542.6 shall also be qualified to supervise attest services as 6 provided in section 542.7 . 7 b. A certified or licensed member of the board shall be 8 actively engaged in practice as a certified public accountant 9 or as a licensed public accountant and shall have been so 10 engaged for five years preceding appointment, the last two of 11 which shall have been in this state . 12 Sec. 347. Section 542B.3, Code 2024, is amended to read as 13 follows: 14 542B.3 Engineering and land surveying examining board 15 created. 16 An engineering and land surveying examining board is 17 created within the department of inspections, appeals, and 18 licensing. The board consists of three members who are 19 licensed professional engineers, two members who are licensed 20 professional land surveyors, and two members who are not 21 licensed professional engineers or licensed professional land 22 surveyors and who shall represent the general public. An 23 individual who is licensed as both a professional engineer and 24 a professional land surveyor may serve to satisfy the board 25 membership requirement for either a licensed professional 26 engineer or a licensed professional land surveyor, but not 27 both. Members shall be appointed by the governor subject 28 to confirmation by the senate. A licensed member shall 29 be actively engaged in the practice of engineering or land 30 surveying and shall have been so engaged for five years 31 preceding the appointment, the last two of which shall have 32 been in Iowa . Insofar as practicable, licensed engineer 33 members of the board shall be from different branches of the 34 -134- SF 2385 (4) 90 ss/ns/mb 134/ 235
S.F. 2385 profession of engineering. Professional associations or 35 societies composed of licensed engineers or licensed land 1 surveyors may recommend the names of potential board members 2 whose profession is representative of that association or 3 society to the governor. However, the governor is not bound by 4 the recommendations. A board member shall not be required to 5 be a member of any professional association or society composed 6 of professional engineers or professional land surveyors. 7 Sec. 348. Section 542B.15, Code 2024, is amended to read as 8 follows: 9 542B.15 Examinations —— report required. 10 Examinations for licensure shall be given as often as deemed 11 necessary by the board department of inspections, appeals, 12 and licensing , but no less than one time per year. The scope 13 of the examinations and the methods of procedure shall be 14 prescribed by the board. Any examination may be given by 15 representatives of the board. The identity of the person 16 taking the examination shall be concealed until after the 17 examination has been graded by the department of inspections, 18 appeals, and licensing . As soon as practicable after the 19 close of each examination, a report shall be filed in the 20 office of the secretary of the board by the board department 21 of inspections, appeals, and licensing . The report shall 22 show the action of the board upon each application and the 23 secretary of the board shall notify each applicant of the 24 result of the applicant’s examination. Applicants who fail the 25 examination once shall be allowed to take the examination at 26 the next scheduled time. Thereafter, the applicant shall be 27 allowed to take the examination at the discretion of the board. 28 An applicant who has failed the examination may request in 29 writing information from the board concerning the applicant’s 30 examination grade and subject areas or questions which the 31 applicant failed to answer correctly, except that if the board 32 administers a uniform, standardized examination, the board 33 shall only be required to provide the examination grade and 34 -135- SF 2385 (4) 90 ss/ns/mb 135/ 235
S.F. 2385 such other information concerning the applicant’s examination 35 results which are available to the board. 1 Sec. 349. Section 543B.8, subsections 1 and 2, Code 2024, 2 are amended to read as follows: 3 1. A real estate commission is created within the department 4 of inspections, appeals, and licensing. The commission 5 consists of five four members licensed under this chapter and 6 two members one member not licensed under this chapter and who 7 shall represent the general public. Commission members shall 8 be appointed by the governor subject to confirmation by the 9 senate. 10 2. No more than one member shall be appointed from a 11 county. A commission member shall not hold any other elective 12 or appointive state or federal office. At least one of the 13 licensed members shall be a licensed real estate salesperson, 14 except that if the licensed real estate salesperson becomes 15 a licensed real estate broker during a term of office, 16 that person may complete the term, but is not eligible for 17 reappointment on the commission as a licensed real estate 18 salesperson. A licensed member shall be actively engaged 19 in the real estate business and shall have been so engaged 20 for five years preceding the appointment, the last two of 21 which shall have been in Iowa . Professional associations or 22 societies of real estate brokers or real estate salespersons 23 may recommend the names of potential commission members to 24 the governor. However, the governor is not bound by their 25 recommendations. A commission member shall not be required to 26 be a member of any professional association or society composed 27 of real estate brokers or salespersons. 28 Sec. 350. Section 543D.4, subsections 1 and 3, Code 2024, 29 are amended to read as follows: 30 1. A real estate appraiser examining board is established 31 within the department of inspections, appeals, and licensing. 32 The board consists of seven five members, two one of whom shall 33 be a public members member and five four of whom shall be 34 -136- SF 2385 (4) 90 ss/ns/mb 136/ 235
S.F. 2385 certified real estate appraisers. 35 3. A certified real estate appraiser member of the board 1 shall be actively engaged in practice as a certified real 2 estate appraiser and shall have been so engaged for five years 3 preceding appointment, the last two of which shall have been in 4 this state . The governor shall attempt to represent each class 5 of certified appraisers in making the appointments. 6 Sec. 351. Section 544A.1, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. The architectural examining board is created within the 9 department of inspections, appeals, and licensing. The board 10 consists of five three members who possess a license issued 11 under section 544A.9 and who have been in active practice of 12 architecture for not less than five years, the last two of 13 which shall have been in Iowa , and two members one member who 14 do does not possess a license issued under section 544A.9 15 and who shall represent the general public. Members shall 16 be appointed by the governor subject to confirmation by the 17 senate. 18 Sec. 352. Section 544C.1, subsection 1, Code 2024, is 19 amended by striking the subsection. 20 Sec. 353. Section 544C.3, Code 2024, is amended to read as 21 follows: 22 544C.3 Duties of the board department . 23 1. The duties of the board department shall include , but are 24 not limited to , all of the following: 25 a. 1. Administering and enforcing this chapter . 26 b. Establishing requirements for the examination, education, 27 and practical training of applicants for registration. 28 c. Holding meetings each year for the purpose of transacting 29 business pertaining to the affairs of the board. Action at a 30 meeting shall not be taken without the affirmative votes of a 31 majority of members of the board. 32 d. 2. Adopting rules under chapter 17A necessary for 33 the proper performance of its duties. The rules shall 34 -137- SF 2385 (4) 90 ss/ns/mb 137/ 235
S.F. 2385 include provisions addressing conflicts of interest and full 35 disclosure, including sources of compensation. 1 e. 3. Establishing fees for registration as a registered 2 interior designer, renewal of registration, reinstatement of 3 registration, and for other activities of the board department 4 pertaining to its duties. The fees shall be sufficient to 5 defray the costs of administering this chapter , and shall be 6 deposited in the licensing and regulation fund created in 7 section 10A.507 . 8 f. 4. Maintaining records, which are open to public 9 inspection at all reasonable times, of its proceedings relating 10 to the issuance, refusal, renewal, suspension, and revocation 11 of registration. The records shall also contain a roster 12 indicating the name, place of business and residence, and the 13 date and registration number of every registrant. 14 2. The director of the department shall provide staff to 15 assist the board in the implementation of this chapter . 16 Sec. 354. Section 544C.5, Code 2024, is amended to read as 17 follows: 18 544C.5 Qualifications for registration. 19 Each applicant for registration must meet the interior 20 design education and practical training requirements adopted by 21 rule by the board, and have passed an examination prescribed 22 by the board that is task-oriented, focused on public safety, 23 and validated by a recognized testing agency. The department 24 shall register an individual who submits an application to the 25 board department on the form and in the manner prescribed by 26 the board department as a registered interior designer if the 27 individual satisfies the following requirements: 28 1. Submits written proof that the individual has 29 successfully passed is certified by the national council for 30 interior design qualification examination , or its equivalent. 31 2. Has completed any of the following: 32 a. Four years of interior design education plus two years of 33 full-time work experience in registered interior design. 34 -138- SF 2385 (4) 90 ss/ns/mb 138/ 235
S.F. 2385 b. Three years of interior design education plus three years 35 of full-time work experience in registered interior design. 1 c. Two years of interior design education plus four years of 2 full-time work experience in registered interior design. 3 3. 2. Submits the required registration fee to the board 4 department . 5 Sec. 355. Section 544C.6, unnumbered paragraph 1, Code 6 2024, is amended to read as follows: 7 The board department may also grant registration by 8 reciprocity. An applicant applying to the board department for 9 registration by reciprocity shall furnish satisfactory evidence 10 that the applicant meets both of the following requirements: 11 Sec. 356. Section 544C.6, subsection 1, Code 2024, is 12 amended to read as follows: 13 1. Holds a valid registration or license issued by another 14 registration authority recognized by the board department , 15 where the qualifications for registration or licensure were 16 substantially equivalent to those prescribed in this state on 17 the date of original registration or licensure with the other 18 registration authority. 19 Sec. 357. Section 544C.7, Code 2024, is amended to read as 20 follows: 21 544C.7 Registration issuance. 22 When an applicant has complied with the qualifications for 23 registration in section 544C.5 or 544C.6 to the satisfaction 24 of a majority of the members of the board department and has 25 paid the fees prescribed by the board department , the board 26 department shall enroll the applicant’s name and address in 27 the roster of registered interior designers and issue to the 28 applicant a registration certificate, signed by the officers of 29 the board director of the department . The certificate shall 30 entitle the applicant to use the title “registered interior 31 designer” in this state. 32 Sec. 358. Section 544C.9, subsection 1, unnumbered 33 paragraph 1, Code 2024, is amended to read as follows: 34 -139- SF 2385 (4) 90 ss/ns/mb 139/ 235
S.F. 2385 The board department may revoke, suspend, or refuse to issue 35 or renew the registration of any person upon a finding of any 1 of the following: 2 Sec. 359. Section 544C.9, subsection 2, Code 2024, is 3 amended to read as follows: 4 2. Any person may appeal a finding of the board department 5 within thirty days of the date of notification of action. 6 Upon appeal, the board department shall schedule a hearing in 7 accordance with chapter 17A . 8 Sec. 360. Section 544C.10, subsection 2, Code 2024, is 9 amended to read as follows: 10 2. A person who violates this section is guilty of a simple 11 misdemeanor. The board department , in its discretion and 12 in lieu of prosecuting a first offense under this section , 13 may enter into a consent agreement with a violator, or with 14 a person guilty of aiding or abetting a violator, which 15 acknowledges the violation and the violator’s agreement to 16 refrain from any further violations. 17 Sec. 361. Section 544C.11, Code 2024, is amended to read as 18 follows: 19 544C.11 Injunction. 20 In addition to any other remedies, and on the petition of 21 the board department , any person violating this chapter may 22 be restrained and permanently enjoined from committing or 23 continuing the violations. 24 Sec. 362. Section 544C.14, subsection 1, Code 2024, is 25 amended to read as follows: 26 1. A registered interior designer shall have a seal with 27 which to identify all interior technical submissions issued by 28 the registered interior designer for use in this state. The 29 seal shall be of a design, content, and size prescribed by the 30 board department . A registered interior designer shall only 31 sign and seal an interior technical submission within the scope 32 of registered interior design. 33 Sec. 363. Section 544C.15, subsection 1, paragraphs d and e, 34 -140- SF 2385 (4) 90 ss/ns/mb 140/ 235
S.F. 2385 Code 2024, are amended to read as follows: 35 d. Obtain or attempt to obtain registration from the board 1 department by fraud. 2 e. Make any willfully false oath or affirmation to the board 3 department . 4 Sec. 364. Section 602.1209, subsections 9 and 13, Code 2024, 5 are amended by striking the subsections. 6 Sec. 365. Section 602.1401, subsection 3, paragraph b, Code 7 2024, is amended to read as follows: 8 b. For purposes of chapter 20 , the certified representative, 9 which on July 1, 1983, represents employees who become judicial 10 branch employees as a result of 1983 Iowa Acts, ch. 186 , shall 11 remain the certified representative when the employees become 12 judicial branch employees and thereafter, unless the public 13 employee organization is not retained and recertified or is 14 decertified in an election held under section 20.15 or amended 15 or absorbed into another certified organization pursuant to 16 chapter 20 . Collective bargaining negotiations shall be 17 conducted on a statewide basis and the certified employee 18 organizations which engage in bargaining shall negotiate on a 19 statewide basis, although bargaining units shall be organized 20 by judicial district. The public employment relations appeal 21 board shall adopt rules pursuant to chapter 17A to implement 22 this subsection . 23 Sec. 366. Section 602.1513, Code 2024, is amended to read 24 as follows: 25 602.1513 Per diem compensation. 26 The supreme court shall set the per diem compensation under 27 sections 602.1511 and section 602.1512 at a rate per day not 28 exceeding the rate specified in section 7E.6 . 29 Sec. 367. Section 602.3105, Code 2024, is amended to read 30 as follows: 31 602.3105 Applications. 32 Applications for certification shall be on forms prescribed 33 and furnished by the board department of inspections, appeals, 34 -141- SF 2385 (4) 90 ss/ns/mb 141/ 235
S.F. 2385 and licensing and the board department shall not require that 35 the application contain a photograph of the applicant. An 1 applicant shall not be denied certification because of age, 2 citizenship, sex, race, religion, marital status, or national 3 origin although the application may require citizenship 4 information. Character references may be required, but shall 5 not be obtained from certified shorthand reporters. 6 Sec. 368. Section 602.3106, Code 2024, is amended to read 7 as follows: 8 602.3106 Fees —— appropriation. 9 1. The supreme court department of inspections, appeals, 10 and licensing shall set the fee for certification examinations. 11 The fee shall be based on the annual cost of administering the 12 examinations and upon the administrative costs of sustaining 13 the activities of the board department of inspections, appeals, 14 and licensing under this article , which shall include but shall 15 not be limited to the cost for per diem, expenses, and travel 16 for board members employees of the department , and office 17 facilities, supplies, and equipment. 18 2. The fees collected are appropriated to the judicial 19 branch department and shall be used to offset the expenses of 20 the board department , including the costs of administering the 21 examination. 22 Sec. 369. Section 602.3107, Code 2024, is amended to read 23 as follows: 24 602.3107 Examinations. 25 The board department of inspections, appeals, and licensing 26 may administer as many examinations per year as necessary, 27 but shall administer at least one examination per year. 28 The scope of the examinations and the methods of procedure 29 shall be prescribed by the board department . A written 30 examination may be conducted by representatives of the board 31 department . Examinations in theory shall be in writing 32 and the identity of the person taking the examination shall 33 be concealed until after the examination papers have been 34 -142- SF 2385 (4) 90 ss/ns/mb 142/ 235
S.F. 2385 graded. For examinations in practice, the identity of the 35 person taking the examination also shall be concealed as far 1 as possible. Applicants who fail the examination once may 2 take the examination at the next scheduled time. Thereafter, 3 the applicant may be allowed to take the examination at the 4 discretion of the board department . An applicant who has 5 failed the examination may request in writing information 6 from the board department concerning the examination grade 7 and subject areas or questions which the applicant failed to 8 answer correctly, and the board department shall provide the 9 information. However, if the board department administers 10 a uniform, standardized examination, the board department 11 is only required to provide the examination grade and other 12 information concerning the applicant’s examination results that 13 is available to the board department . 14 Sec. 370. Section 602.3108, Code 2024, is amended to read 15 as follows: 16 602.3108 Certification. 17 The board department of inspections, appeals, and licensing 18 may issue a certificate to a person of good moral character 19 and fitness who makes application on a form prescribed and 20 furnished by the board department and who satisfies the 21 education, experience, and examination requirements of this 22 article and rules prescribed by the supreme court pursuant 23 to this article . The board department may consider the 24 applicant’s past record of any felony conviction and the 25 applicant’s past record of disciplinary action with respect to 26 certification as a shorthand reporter in any jurisdiction. The 27 board department may deny certification if the board department 28 finds the applicant has committed any of the acts listed in 29 section 602.3203 or has made a false statement of material fact 30 on the application for certification. 31 Sec. 371. Section 602.3201, Code 2024, is amended to read 32 as follows: 33 602.3201 Requirement of certification —— use of title. 34 -143- SF 2385 (4) 90 ss/ns/mb 143/ 235
S.F. 2385 A person shall not engage in the profession of shorthand 35 reporting unless the person is certified pursuant to this 1 chapter , or otherwise exempted pursuant to section 602.6603, 2 subsection 4 . Only a person who is certified by the board 3 department of inspections, appeals, and licensing may 4 assume the title of certified shorthand reporter, or use the 5 abbreviation C.S.R., or any words, letters, or figures to 6 indicate that the person is a certified shorthand reporter. 7 Sec. 372. Section 602.3205, subsection 3, Code 2024, is 8 amended to read as follows: 9 3. a. An audio or video recording of a certified shorthand 10 reporter shall be provided to the board department of 11 inspections, appeals, and licensing upon request by the board 12 department if a disciplinary proceeding is pending regarding 13 the certified shorthand reporter who is a respondent under the 14 provisions of section 602.3203 or the rules of the board of 15 examiners of shorthand reporters, Iowa court rules, ch. 46 16 department . 17 b. The audio and video recordings provided to the 18 board department pursuant to this subsection shall be kept 19 confidential by the board department in a manner as provided in 20 section 272C.6, subsection 4 . 21 Sec. 373. Section 602.3206, Code 2024, is amended to read 22 as follows: 23 602.3206 Exempt status. 24 If a person’s certification as a shorthand reporter is 25 placed in exempt status, the person may transcribe or certify 26 a proceeding the person reported while certified as an active 27 shorthand reporter. A person transcribing or certifying a 28 proceeding pursuant to this section shall remain subject to the 29 jurisdiction of the board of examiners of shorthand reporters 30 department of inspections, appeals, and licensing . 31 Sec. 374. Section 602.3301, subsection 1, unnumbered 32 paragraph 1, Code 2024, is amended to read as follows: 33 A member An employee of the board department of inspections, 34 -144- SF 2385 (4) 90 ss/ns/mb 144/ 235
S.F. 2385 appeals, and licensing shall not disclose information relating 35 to the following: 1 Sec. 375. Section 602.3301, subsection 2, Code 2024, is 2 amended to read as follows: 3 2. A member An employee of the board department who 4 willfully communicates or seeks to communicate information 5 referred to in subsection 1 , or a person who willfully 6 requests, obtains, or seeks to obtain information referred to 7 in subsection 1 , is guilty of a simple misdemeanor. 8 Sec. 376. Section 602.6603, subsection 5, Code 2024, is 9 amended to read as follows: 10 5. Except as provided in subsection 4 , a person shall not 11 be appointed to the position of court reporter of the district 12 court unless the person has been certified as a shorthand 13 reporter by the board of examiners department of inspections, 14 appeals, and licensing under article 3 . 15 Sec. 377. Section 622.10, subsection 7, Code 2024, is 16 amended to read as follows: 17 7. For the purposes of this section , “mental health 18 professional” means a psychologist licensed under chapter 154B , 19 a registered nurse licensed under chapter 152 , a social worker 20 licensed under chapter 154C , a marital and family therapist 21 licensed under chapter 154D , a mental health counselor licensed 22 under chapter 154D , or an individual holding at least a 23 master’s degree in a related field as deemed appropriate by the 24 board of behavioral science behavioral health professionals . 25 Sec. 378. Section 904.103, Code 2024, is amended by adding 26 the following new subsections: 27 NEW SUBSECTION . 5. Policies for the operation and conduct 28 of the department and the implementation of all department 29 programs. 30 NEW SUBSECTION . 6. Adoption of rules in accordance with 31 chapter 17A as necessary to transact its business and for the 32 administration and exercise of its powers and duties. 33 NEW SUBSECTION . 7. The approval of the locations for all 34 -145- SF 2385 (4) 90 ss/ns/mb 145/ 235
S.F. 2385 state institutions which are penal, reformatory, or corrective. 35 Sec. 379. Section 904.105, subsections 2, 5, 7, and 9, Code 1 2024, are amended to read as follows: 2 2. Adopt and establish Provide advice and recommendations 3 to the department regarding policies for the operation and 4 conduct of the department and the implementation of all 5 department programs. 6 5. Approve Provide advice and recommendations to the 7 department regarding the budget of the department prior to 8 submission to the governor. 9 7. Adopt rules in accordance with chapter 17A as the board 10 deems Provide advice and recommendations to the department 11 regarding rules necessary to transact its business and for the 12 administration and exercise of its powers and duties. 13 9. Approve Provide advice and recommendations regarding 14 the locations for all state institutions which are penal, 15 reformatory, or corrective. 16 Sec. 380. Section 904.105, subsection 3, Code 2024, is 17 amended by striking the subsection. 18 Sec. 381. Section 904.802, subsection 1, Code 2024, is 19 amended by striking the subsection. 20 Sec. 382. Section 904.802, subsection 2, Code 2024, is 21 amended to read as follows: 22 2. “Iowa state industries” means prison industries that 23 are established and maintained by the Iowa department of 24 corrections , in consultation with the industries board, at or 25 adjacent to the state’s adult correctional institutions, except 26 that an inmate work program established by the state director 27 under section 904.703 is not restricted to industries at or 28 adjacent to the institutions. 29 Sec. 383. Section 904.804, Code 2024, is amended to read as 30 follows: 31 904.804 Duties of industries board department —— state 32 industries . 33 The industries board’s principal duties department shall be 34 -146- SF 2385 (4) 90 ss/ns/mb 146/ 235
S.F. 2385 to promulgate and adopt rules and to advise the state director 35 regarding the management of Iowa state industries so as to 1 further the intent stated by section 904.801 . 2 Sec. 384. Section 904.805, unnumbered paragraph 1, Code 3 2024, is amended to read as follows: 4 The state director , with the advice of the industries board, 5 shall: 6 Sec. 385. Section 904.806, Code 2024, is amended to read as 7 follows: 8 904.806 Authority of state director not impaired. 9 Nothing in this subchapter shall be construed to impair the 10 authority of the state director over the adult correctional 11 institutions of this state, nor over the inmates thereof. It 12 is, however, the duty of the state director to obtain the 13 advice of the industries board to further the intent stated by 14 section 904.801 . 15 Sec. 386. Section 904.809, subsection 1, paragraph a, Code 16 2024, is amended to read as follows: 17 a. The state director and the industries board shall comply 18 with the intent of section 904.801 . 19 Sec. 387. Section 904.809, subsection 2, paragraph a, Code 20 2024, is amended to read as follows: 21 a. Any other provision of the Code to the contrary 22 notwithstanding, the state director may , after obtaining the 23 advice of the industries board, lease one or more buildings or 24 portions thereof on the grounds of any state adult correctional 25 institution, together with the real estate needed for 26 reasonable access to and egress from the leased buildings, for 27 a term not to exceed twenty years, to a private corporation for 28 the purpose of establishing and operating a factory for the 29 manufacture and processing of products, or any other commercial 30 enterprise deemed by the state director to be consistent with 31 the intent stated in section 904.801 . 32 Sec. 388. Section 904.809, subsection 2, paragraph b, 33 subparagraph (1), Code 2024, is amended to read as follows: 34 -147- SF 2385 (4) 90 ss/ns/mb 147/ 235
S.F. 2385 (1) Persons working in the factory or other commercial 35 enterprise operated in the leased property, except the lessee’s 1 supervisory employees and necessary support personnel approved 2 by the industries board state director , shall be inmates of 3 the institution where the leased property is located who are 4 approved for such work by the state director and the lessee. 5 Sec. 389. Section 904.809, subsection 3, Code 2024, is 6 amended to read as follows: 7 3. The state director with the advice of the prison 8 industries advisory board may provide an inmate workforce to 9 private industry. Under the program inmates will be employees 10 of a private business. 11 Sec. 390. Section 904.813, subsection 2, paragraph a, 12 subparagraphs (1), (2), and (3), Code 2024, are amended to read 13 as follows: 14 (1) Establishment, maintenance, transfer, or closure of 15 industrial operations, or vocational, technical, and related 16 training facilities and services for inmates as authorized by 17 the state director in consultation with the industries board . 18 (2) Payment of all costs incurred by the industries board, 19 including but not limited to per diem and expenses of its 20 members, and of salaries, allowances, support, and maintenance 21 of Iowa state industries. 22 (3) (2) Direct purchases from vendors of raw materials 23 and capital items used for the manufacturing processes of Iowa 24 state industries, in accordance with rules which meet state 25 bidding requirements. The rules shall be adopted by the state 26 director in consultation with the industries board . 27 Sec. 391. Section 904.814, Code 2024, is amended to read as 28 follows: 29 904.814 Inmate allowance supplement revolving fund. 30 There is established in the treasury of the state a permanent 31 adult correctional institutions inmate allowance supplement 32 revolving fund, consisting solely of money paid as board and 33 maintenance by inmates working in Iowa state industries, or 34 -148- SF 2385 (4) 90 ss/ns/mb 148/ 235
S.F. 2385 working pursuant to section 904.809 . The fund established 35 by this section may be used to supplement the allowances 1 of inmates who perform other institutional work within and 2 about the adult correctional institutions including those 3 who are working in Iowa state industries. Payments made 4 from the fund shall supplement and not replace all or any 5 part of the allowances otherwise received by, and shall be 6 equably distributed among such inmates. The work of inmates 7 in other institutional or industry work shall, to the greatest 8 extent feasible, be in accord with the intent stated in 9 section 904.801 . The fund may also be used to supplement 10 other rehabilitation activities within the adult correctional 11 institutions. Determination of the use of the funds is the 12 responsibility of the state director who shall first seek the 13 advice of the prison industries advisory board . 14 Sec. 392. Section 904.909, Code 2024, is amended to read as 15 follows: 16 904.909 Work release and OWI violators —— reimbursement to 17 department for transportation costs. 18 The department of corrections shall arrange for the return 19 of a work release client, or offender convicted of violating 20 chapter 321J , who escapes from the facility to which the 21 client is assigned or violates the conditions of supervision. 22 The client or offender shall reimburse the department of 23 corrections for the cost of transportation incurred because 24 of the escape or violation. The amount of reimbursement 25 shall be the actual cost incurred by the department and shall 26 be credited to the support account from which the billing 27 occurred. The director of the department of corrections 28 shall recommend adopt rules pursuant to chapter 17A , subject 29 to approval by the board of corrections pursuant to section 30 904.105, subsection 7 , to implement this section . 31 Sec. 393. Section 915.82, subsection 2, Code 2024, is 32 amended to read as follows: 33 2. The board department shall adopt rules pursuant to 34 -149- SF 2385 (4) 90 ss/ns/mb 149/ 235
S.F. 2385 chapter 17A relating to program policies and procedures. 35 Sec. 394. 2023 Iowa Acts, chapter 19, section 2795, 1 subsection 3, paragraphs b and c, are amended to read as 2 follows: 3 b. The following are range 4 positions: chairperson and 4 members of the employment appeal board of the department of 5 inspections, appeals, and licensing, director of the Iowa 6 state office of civil rights commission , director of the 7 department for the blind, executive director of the ethics 8 and campaign disclosure board, executive director of the Iowa 9 public information board, and chairperson, vice chairperson, 10 and members of the board of parole. 11 c. The following are range 5 positions: state public 12 defender, labor commissioner, workers’ compensation 13 commissioner, and director of the law enforcement academy , and 14 executive director of the public employment relations board . 15 Sec. 395. REPEAL. Chapters 28B and 473A, Code 2024, are 16 repealed. 17 Sec. 396. REPEAL. Sections 7D.15, 8A.616, 12C.6A, 15.117, 18 15.480, 15F.102, 20.5, 34A.15, 80E.2, 100C.10, 103.2, 103.3, 19 103.4, 105.3, 135.109, 135.173A, 147.16, 153.33A, 154A.7, 20 155A.2A, 170.2, 190C.2, 190C.2A, 203.11B, 206.23A, 206.23B, 21 237A.23, 252B.22, 256.15, 256.31, 256I.12, 273.15, 312.3C, 22 312.3D, 328.13, 423.9A, 455B.150, 455B.151, 461A.79, 461A.80, 23 465C.3, 465C.4, 465C.5, 465C.6, 465C.7, 466B.31, 475A.7, 24 481A.10A, 544C.2, 544C.4, 544C.8, 602.1511, 602.3101, 602.3102, 25 602.3103, 602.3104, 691.6B, 904.803, and 907B.3, Code 2024, are 26 repealed. 27 Sec. 397. CODE EDITOR DIRECTIVE —— TERMINOLOGY CHANGES. 28 1. The Code editor is directed to change all references to 29 the “board of directors of the Iowa lottery” created in section 30 99G.8 to the “Iowa lottery commission” and all references to 31 “board” when referring to the board of directors of the Iowa 32 lottery created in section 99G.8 to “commission” wherever they 33 appear in the Code. 34 -150- SF 2385 (4) 90 ss/ns/mb 150/ 235
S.F. 2385 2. The Code editor is directed to change all references 35 to the “Iowa utilities board” created in section 474.1 to the 1 “Iowa utilities commission”, all references to “utilities 2 board” when referring to the Iowa utilities board created in 3 section 474.1 to “utilities commission”, and all references to 4 “board” when referring to the Iowa utilities board created in 5 section 474.1 to “commission” wherever they appear in the Code. 6 3. The Code editor is directed to make changes in any Code 7 sections amended or enacted by any other Act to correspond with 8 the changes made in this Act if there appears to be no doubt 9 as to the proper method of making the changes and the changes 10 would not be contrary to or inconsistent with the purposes of 11 this Act or any other Act. 12 Sec. 398. CERTIFICATE OF NEED PROCESS —— STUDY. The 13 department of health and human services, in consultation with 14 the department of inspections, appeals, and licensing, and with 15 the assistance of other interested parties, shall conduct a 16 study of the effectiveness of the existing certificate of need 17 process and shall make findings and recommendations related to 18 the continuation of the process or the implementation of a less 19 restrictive alternative. The department of health and human 20 services shall submit a report, including its findings and 21 recommendations, to the governor and the general assembly by 22 December 31, 2025. 23 DIVISION IX 24 PUBLIC OFFICERS AND EMPLOYEES 25 Sec. 399. Section 69.15, subsection 1, unnumbered paragraph 26 1, Code 2024, is amended to read as follows: 27 Any person who has been appointed by the governor to any 28 board under the laws of this state shall be deemed to have 29 submitted a resignation from such office if either any of the 30 following events occurs: 31 Sec. 400. Section 69.15, subsection 1, Code 2024, is amended 32 by adding the following new paragraph: 33 NEW PARAGRAPH . c. Sufficient grounds exist that would 34 -151- SF 2385 (4) 90 ss/ns/mb 151/ 235
S.F. 2385 otherwise subject the person to removal by the executive 35 council pursuant to section 66.26. 1 Sec. 401. Section 69.15, subsection 2, Code 2024, is amended 2 to read as follows: 3 2. If With respect to subsection 1, paragraphs “a” and “b” , 4 if such person received no notice and had no knowledge of a 5 regular meeting and gives the governor a sworn statement to 6 that effect within ten days after the person learns of the 7 meeting, such meeting shall not be counted for the purposes of 8 this section . 9 DIVISION X 10 COUNCIL ON HEALTH AND HUMAN SERVICES 11 Sec. 402. Section 125.7, Code 2024, is amended to read as 12 follows: 13 125.7 Duties of the council. 14 The council shall: 15 1. Approve Make recommendations to the department regarding 16 the comprehensive substance use disorder program, developed by 17 the department pursuant to sections 125.1 through 125.3 , this 18 section , and sections 125.9 , 125.10 , 125.12 through 125.21 , 19 125.25 , 125.32 through 125.34 , and 125.37 through 125.43 . 20 2. Advise the department on policies governing the 21 performance of the department in the discharge of any duties 22 imposed on the department by law. 23 3. Advise or make recommendations to the governor and the 24 general assembly relative to substance use disorder treatment, 25 intervention, education, and prevention programs in this state. 26 4. Adopt rules for subsections 1 and 6 and review other 27 rules necessary to carry out the provisions of this chapter , 28 subject to review in accordance with chapter 17A . 29 5. 4. Investigate the work of the department relating to 30 substance use disorder, and for this purpose the council shall 31 have access at any time to all books, papers, documents, and 32 records of the department. 33 6. 5. Consider and approve or disapprove make 34 -152- SF 2385 (4) 90 ss/ns/mb 152/ 235
S.F. 2385 recommendations to the department regarding the approval or 35 disapproval of all applications for a license and all cases 1 involving the renewal, denial, suspension, or revocation of a 2 license. 3 7. Act as the appeal board regarding funding decisions made 4 by the department. 5 Sec. 403. Section 125.10, subsections 1 and 11, Code 2024, 6 are amended to read as follows: 7 1. Prepare and submit a state plan subject to approval 8 by the council and in accordance with 42 U.S.C. §300x-21 et 9 seq. The state plan shall designate the department as the sole 10 agency for supervising the administration of the plan. 11 11. Develop and implement, with the counsel and approval 12 advice of the council, the comprehensive plan for treatment of 13 persons with a substance use disorder in accordance with this 14 chapter . 15 Sec. 404. Section 125.12, subsection 1, Code 2024, is 16 amended to read as follows: 17 1. The council shall review the comprehensive substance 18 use disorder program implemented by the department for 19 the treatment of persons with a substance use disorder and 20 concerned family members. Subject to Based on the review 21 of the council, the council shall make recommendations to 22 the director, and the director shall divide the state into 23 appropriate regions for the conduct of the program and 24 establish standards for the development of the program on the 25 regional level. In establishing the regions, consideration 26 shall be given to city and county lines, population 27 concentrations, and existing substance use disorder treatment 28 services. 29 Sec. 405. Section 125.13, subsection 2, paragraphs a, b, i, 30 and j, Code 2024, are amended to read as follows: 31 a. A hospital providing care or treatment to persons with 32 a substance use disorder licensed under chapter 135B which is 33 accredited by the joint commission on the accreditation of 34 -153- SF 2385 (4) 90 ss/ns/mb 153/ 235
S.F. 2385 health care organizations, the commission on accreditation 35 of rehabilitation facilities, the American osteopathic 1 association, or another recognized organization approved by the 2 council department . All survey reports from the accrediting or 3 licensing body must be sent to the department. 4 b. Any practitioner of medicine and surgery or osteopathic 5 medicine and surgery, in the practitioner’s private practice. 6 However, a program shall not be exempted from licensing by the 7 council department by virtue of its utilization of the services 8 of a medical practitioner in its operation. 9 i. A substance use disorder treatment program not funded 10 by the department which is accredited or licensed by the joint 11 commission on the accreditation of health care organizations, 12 the commission on the accreditation of rehabilitation 13 facilities, the American osteopathic association, or another 14 recognized organization approved by the council department . 15 All survey reports from the accrediting or licensing body must 16 be sent to the department. 17 j. A hospital substance use disorder treatment program 18 that is accredited or licensed by the joint commission on the 19 accreditation of health care organizations, the commission on 20 the accreditation of rehabilitation facilities, the American 21 osteopathic association, or another recognized organization 22 approved by the council department . All survey reports for 23 the hospital substance use disorder treatment program from the 24 accrediting or licensing body shall be sent to the department. 25 Sec. 406. Section 125.14, Code 2024, is amended to read as 26 follows: 27 125.14 Licenses —— renewal —— fees. 28 The council department shall consider all cases involving 29 initial issuance, and renewal, denial, suspension, or 30 revocation of a license. The department shall issue a license 31 to an applicant whom the council department determines meets 32 the licensing requirements of this chapter . Licenses shall 33 expire no later than three years from the date of issuance 34 -154- SF 2385 (4) 90 ss/ns/mb 154/ 235
S.F. 2385 and shall be renewed upon timely application made in the same 35 manner as for initial issuance of a license unless notice of 1 nonrenewal is given to the licensee at least thirty days prior 2 to the expiration of the license. The department shall not 3 charge a fee for licensing or renewal of programs contracting 4 with the department for provision of treatment services. A fee 5 may be charged to other licensees. 6 Sec. 407. Section 125.15A, subsection 1, paragraph b, Code 7 2024, is amended to read as follows: 8 b. The council department has suspended, revoked, or refused 9 to renew the existing license of the program. 10 Sec. 408. Section 125.16, Code 2024, is amended to read as 11 follows: 12 125.16 Transfer of license or change of location prohibited. 13 A license issued under this chapter may not be transferred, 14 and the location of the physical facilities occupied or 15 utilized by any program licensed under this chapter shall not 16 be changed without the prior written consent of the council 17 department . 18 Sec. 409. Section 125.17, Code 2024, is amended to read as 19 follows: 20 125.17 License suspension or revocation. 21 Violation of any of the requirements or restrictions 22 of this chapter or of any of the rules adopted pursuant to 23 this chapter is cause for suspension, revocation, or refusal 24 to renew a license. The director shall at the earliest 25 time feasible notify a licensee whose license the council 26 department is considering suspending or revoking and shall 27 inform the licensee what changes must be made in the licensee’s 28 operation to avoid such action. The licensee shall be 29 given a reasonable time for compliance, as determined by the 30 director, after receiving such notice or a notice that the 31 council department does not intend to renew the license. When 32 the licensee believes compliance has been achieved, or if 33 the licensee considers the proposed suspension, revocation, 34 -155- SF 2385 (4) 90 ss/ns/mb 155/ 235
S.F. 2385 or refusal to renew unjustified, the licensee may submit 35 pertinent information to the council department and the council 1 department shall expeditiously make a decision in the matter 2 and notify the licensee of the decision. 3 Sec. 410. Section 125.18, Code 2024, is amended to read as 4 follows: 5 125.18 Hearing before council department . 6 If a licensee under this chapter makes a written request 7 for a hearing within thirty days of suspension, revocation, 8 or refusal to renew a license, a hearing before the council 9 department shall be expeditiously arranged by the department of 10 inspections, appeals, and licensing whose decision is subject 11 to review by the council department . The council department 12 shall issue a written statement of the council’s department’s 13 findings within thirty days after conclusion of the hearing 14 upholding or reversing the proposed suspension, revocation, 15 or refusal to renew a license. Action involving suspension, 16 revocation, or refusal to renew a license shall not be taken 17 by the council unless a quorum is present at the meeting. A 18 copy of the council’s department’s decision shall be promptly 19 transmitted to the affected licensee who may, if aggrieved 20 by the decision, seek judicial review of the actions of the 21 council department in accordance with the terms of chapter 17A . 22 Sec. 411. Section 125.19, Code 2024, is amended to read as 23 follows: 24 125.19 Reissuance or reinstatement. 25 After suspension, revocation, or refusal to renew a license 26 pursuant to this chapter , the affected licensee shall not have 27 the license reissued or reinstated within one year of the 28 effective date of the suspension, revocation, or expiration 29 upon refusal to renew, unless the council department orders 30 otherwise. After that time, proof of compliance with the 31 requirements and restrictions of this chapter and the rules 32 adopted pursuant to this chapter must be presented to the 33 council department prior to reinstatement or reissuance of a 34 -156- SF 2385 (4) 90 ss/ns/mb 156/ 235
S.F. 2385 license. 35 Sec. 412. Section 125.21, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. The council department has exclusive power in this state 3 to approve and license chemical substitutes and antagonists 4 programs, and to monitor chemical substitutes and antagonists 5 programs to ensure that the programs are operating within the 6 rules adopted pursuant to this chapter . The council department 7 shall grant approval and license if the requirements of the 8 rules are met and state funding is not requested. The chemical 9 substitutes and antagonists programs conducted by persons 10 exempt from the licensing requirements of this chapter pursuant 11 to section 125.13, subsection 2 , are subject to approval and 12 licensure under this section . 13 Sec. 413. Section 125.43A, Code 2024, is amended to read as 14 follows: 15 125.43A Prescreening —— exception. 16 Except in cases of medical emergency or court-ordered 17 admissions, a person shall be admitted to a state mental health 18 institute for treatment of a substance use disorder only after 19 a preliminary intake and assessment by a department-licensed 20 treatment facility or a hospital providing care or treatment 21 for persons with a substance use disorder licensed under 22 chapter 135B and accredited by the joint commission on the 23 accreditation of health care organizations, the commission 24 on accreditation of rehabilitation facilities, the American 25 osteopathic association, or another recognized organization 26 approved by the council department , or by a designee of a 27 department-licensed treatment facility or a hospital other 28 than a state mental health institute, which confirms that the 29 admission is appropriate to the person’s substance use disorder 30 service needs. A county board of supervisors may seek an 31 admission of a patient to a state mental health institute who 32 has not been confirmed for appropriate admission and the county 33 shall be responsible for one hundred percent of the cost of 34 -157- SF 2385 (4) 90 ss/ns/mb 157/ 235
S.F. 2385 treatment and services of the patient. 35 Sec. 414. Section 125.58, subsection 1, Code 2024, is 1 amended to read as follows: 2 1. If the department has probable cause to believe that 3 an institution, place, building, or agency not licensed 4 as a substance use disorder treatment and rehabilitation 5 facility is in fact a substance use disorder treatment and 6 rehabilitation facility as defined by this chapter , and 7 is not exempt from licensing by section 125.13, subsection 8 2 , the council department may order an inspection of the 9 institution, place, building, or agency. If the inspector 10 upon presenting proper identification is denied entry for the 11 purpose of making the inspection, the inspector may, with 12 the assistance of the county attorney of the county in which 13 the premises are located, apply to the district court for an 14 order requiring the owner or occupant to permit entry and 15 inspection of the premises to determine whether there have been 16 violations of this chapter . The investigation may include 17 review of records, reports, and documents maintained by the 18 facility and interviews with staff members consistent with the 19 confidentiality safeguards of state and federal law. 20 Sec. 415. Section 135.141, subsection 2, paragraph i, Code 21 2024, is amended to read as follows: 22 i. Adopt rules pursuant to chapter 17A for the 23 administration of this subchapter including rules adopted in 24 cooperation with the Iowa pharmacy association and the Iowa 25 hospital association for the development of a surveillance 26 system to monitor supplies of drugs, antidotes, and vaccines to 27 assist in detecting a potential public health disaster. Prior 28 to adoption, the rules shall be approved by the council on 29 health and human services and the director of the department of 30 homeland security and emergency management. 31 Sec. 416. Section 135A.8, subsection 4, Code 2024, is 32 amended to read as follows: 33 4. A local board of health seeking matching funds or grants 34 -158- SF 2385 (4) 90 ss/ns/mb 158/ 235
S.F. 2385 under this section shall apply to the department. The council 35 on health and human services department shall adopt rules 1 concerning the application and award process for the allocation 2 of moneys in the fund and shall establish the criteria for the 3 allocation of moneys in the fund if the moneys are insufficient 4 to meet the needs of local boards of health. 5 Sec. 417. Section 135A.9, unnumbered paragraph 1, Code 6 2024, is amended to read as follows: 7 The council on health and human services department shall 8 adopt rules pursuant to chapter 17A to implement this chapter 9 which shall include but are not limited to the following: 10 Sec. 418. Section 135B.7, subsection 1, paragraph a, Code 11 2024, is amended to read as follows: 12 a. The department , with the approval of the council on 13 health and human services, shall adopt rules setting out the 14 standards for the different types of hospitals and for rural 15 emergency hospitals to be licensed under this chapter . The 16 department shall enforce the rules. 17 Sec. 419. Section 135C.14, unnumbered paragraph 1, Code 18 2024, is amended to read as follows: 19 The department shall, in accordance with chapter 17A and 20 with the approval of the council on health and human services , 21 adopt and enforce rules setting minimum standards for health 22 care facilities. In so doing, the department , with the 23 approval of the council on health and human services, may 24 adopt by reference, with or without amendment, nationally 25 recognized standards and rules, which shall be specified by 26 title and edition, date of publication, or similar information. 27 The rules and standards required by this section shall be 28 formulated in consultation with the director of health and 29 human services or the director of health and human services’ 30 designee, with the director, and with affected industry, 31 professional, and consumer groups, and shall be designed to 32 further the accomplishment of the purposes of this chapter and 33 shall relate to: 34 -159- SF 2385 (4) 90 ss/ns/mb 159/ 235
S.F. 2385 Sec. 420. Section 135J.7, Code 2024, is amended to read as 35 follows: 1 135J.7 Rules. 2 Except as otherwise provided in this chapter , the department 3 shall adopt rules pursuant to chapter 17A necessary to 4 implement this chapter , subject to approval of the council 5 on health and human services . Formulation of the rules 6 shall include consultation with Iowa hospice organization 7 representatives and other persons affected by this chapter . 8 Sec. 421. Section 135R.4, subsection 1, Code 2024, is 9 amended to read as follows: 10 1. The department, with the advice and approval of the 11 council on health and human services, shall adopt rules 12 specifying the standards for ambulatory surgical centers to be 13 licensed under this chapter . The rules shall be consistent 14 with and shall not exceed the requirements of this chapter and 15 the conditions for coverage in the federal Medicare program for 16 ambulatory surgical centers under 42 C.F.R. pt. 416 . 17 Sec. 422. Section 137.104, subsection 1, paragraph b, 18 unnumbered paragraph 1, Code 2024, is amended to read as 19 follows: 20 Make and enforce such reasonable rules and regulations not 21 inconsistent with law and the rules of the council department 22 as may be necessary for the protection and improvement of the 23 public health. 24 Sec. 423. Section 137.105, subsection 1, paragraph f, Code 25 2024, is amended to read as follows: 26 f. A local board of health member shall serve without 27 compensation, but may be reimbursed for necessary expenses in 28 accordance with rules established by the council department or 29 the applicable jurisdiction. 30 Sec. 424. Section 137.107, Code 2024, is amended to read as 31 follows: 32 137.107 Request reviewed by state department. 33 The state department shall review requests submitted 34 -160- SF 2385 (4) 90 ss/ns/mb 160/ 235
S.F. 2385 pursuant to section 137.106 . The state department, upon 35 finding that all required elements are present, shall present 1 findings to the council. The council may approve the formation 2 of a district board and if the formation is approved, shall 3 notify the county boards from whom the request was received. 4 Sec. 425. Section 137.114, Code 2024, is amended to read as 5 follows: 6 137.114 Withdrawal from district. 7 A county may withdraw from an existing district board upon 8 submission of a request for withdrawal to and approval by 9 the state department. The request shall include a plan to 10 reform its county board or join a different district board, 11 information specified in section 137.106 , and approval of the 12 request by the district board and, at the recommendation of 13 the state department, the council . Any county choosing to 14 withdraw from the district board shall commit to the continuity 15 of services in its county by reestablishing its county 16 board or joining a different district board. The remaining 17 counties in the district shall submit an application including 18 the information specified in section 137.106 to the state 19 department for review as provided in section 137.107 . 20 Sec. 426. Section 137.119, Code 2024, is amended to read as 21 follows: 22 137.119 Adoption of rules. 23 The council department shall adopt rules to implement this 24 chapter . The department is vested with discretionary authority 25 to interpret the provisions of this chapter . 26 Sec. 427. Section 139A.8, subsection 3, Code 2024, is 27 amended to read as follows: 28 3. Subject to the provision of subsection 4 , the council on 29 health and human services department may modify or delete any 30 of the immunizations in subsection 2 . 31 Sec. 428. Section 139A.8, subsection 4, paragraph b, Code 32 2024, is amended to read as follows: 33 b. The exemptions under this subsection do not apply in 34 -161- SF 2385 (4) 90 ss/ns/mb 161/ 235
S.F. 2385 times of emergency or epidemic as determined by the council on 35 health and human services and as declared by the director of 1 health and human services . 2 Sec. 429. Section 139A.9, Code 2024, is amended to read as 3 follows: 4 139A.9 Forcible removal —— isolation —— quarantine. 5 The forcible removal and isolation or quarantine of any 6 infected person shall be accomplished according to the rules 7 and regulations of the local board or the rules of the council 8 on health and human services department . 9 Sec. 430. Section 141A.2, subsection 6, Code 2024, is 10 amended to read as follows: 11 6. The department , with the approval of the council 12 on health and human services, may conduct epidemiological 13 blinded and nonblinded studies to determine the incidence 14 and prevalence of HIV infection. Initiation of any new 15 epidemiological studies shall be contingent upon the receipt 16 of funding sufficient to cover all the costs associated with 17 the studies. The informed consent, reporting, and counseling 18 requirements of this chapter shall not apply to blinded 19 studies. 20 Sec. 431. Section 217.2, subsection 1, paragraph a, Code 21 2024, is amended to read as follows: 22 a. There is created within the department a council on 23 health and human services which shall act in a policymaking and 24 an advisory capacity on matters within the jurisdiction of the 25 department. The council shall consist of nine voting members 26 appointed by the governor subject to confirmation by the 27 senate. Appointments shall be made on the basis of interest 28 in public affairs, good judgment, and knowledge and ability in 29 the field of health and human services. Appointments shall 30 be made to provide a diversity of interest and point of view 31 in the membership and without regard to religious opinions or 32 affiliations. The voting members of the council shall serve 33 for six-year staggered terms. 34 -162- SF 2385 (4) 90 ss/ns/mb 162/ 235
S.F. 2385 Sec. 432. Section 217.3, Code 2024, is amended to read as 35 follows: 1 217.3 Duties of council. 2 The council shall: 3 1. Organize annually and select a chairperson and vice 4 chairperson. 5 2. Adopt and establish policy for the operation and Advise 6 the department on conduct of the department , subject to any 7 guidelines which may be adopted by the general assembly, and 8 the implementation of all services and programs administered 9 by the department. 10 3. Report immediately to the governor any failure by 11 the department to carry out any of the policy decisions or 12 directives of the council department . 13 4. Approve Advise and make recommendations to the 14 department on the budget of the department prior to submission 15 to the governor. Prior to approval of making recommendations 16 on the budget, the council shall publicize and hold a public 17 hearing to provide explanations and hear questions, opinions, 18 and suggestions regarding the budget. Invitations to the 19 hearing shall be extended to the governor, the governor-elect, 20 the director of the department of management, and other persons 21 deemed by the council as integral to the budget process. The 22 budget materials submitted to the governor shall include a 23 review of options recommendations for revising the medical 24 assistance program made available by federal action or by 25 actions implemented by other states as identified by the 26 department, the medical assistance advisory council created in 27 section 249A.4B , and by county representatives. The review 28 shall address what potential revisions could be made in this 29 state and how the changes would be beneficial to Iowans. 30 5. Insure Make recommendations to the department to ensure 31 that all programs administered or services rendered by the 32 department directly to any citizen or through a local agency 33 to any citizen are coordinated and integrated so that any 34 -163- SF 2385 (4) 90 ss/ns/mb 163/ 235
S.F. 2385 citizen does not receive a duplication of services from various 35 departments or local agencies that could be rendered by one 1 department or local agency. If the council finds that such 2 is not the case, it shall hear and determine which department 3 or local agency shall provide the needed service or services 4 and enter an order of their determination by resolution of 5 the council which must be concurred in by at least a majority 6 of the members. Thereafter such order or resolution of the 7 council shall be obeyed by all state departments and local 8 agencies to which it is directed. 9 6. Adopt all necessary rules recommended by the department 10 prior to their promulgation pursuant to chapter 17A . 11 7. 6. Recommend to the governor the names of individuals 12 qualified for the position of director when a vacancy exists 13 in the office. 14 Sec. 433. Section 217.3A, Code 2024, is amended to read as 15 follows: 16 217.3A Advisory committees. 17 The council may establish and utilize other ad hoc 18 advisory committees as determined necessary to advise the 19 council related to the subject matter under the purview 20 of the department, including but not limited to child and 21 family services, behavioral health, public health, and the 22 department’s interactions with the juvenile justice system . 23 The council shall establish appointment provisions, membership 24 terms, operating guidelines, and other operational requirements 25 for committees established pursuant to this section . 26 Sec. 434. Section 217.6, Code 2024, is amended to read as 27 follows: 28 217.6 Rules and regulations —— organization of department. 29 1. The director may recommend submit to the council for 30 adoption review and recommendation, rules and regulations 31 necessary to administer the duties, functions, and programs 32 of the department. Any action taken, decision made, or 33 administrative rule adopted may be reviewed by the director. 34 -164- SF 2385 (4) 90 ss/ns/mb 164/ 235
S.F. 2385 The director, upon may consider such review, may affirm, 35 modify, or reverse any such action, decision, or rule 1 recommendations in adopting rules for the department . 2 2. The rules and regulations adopted for the public benefits 3 and programs administered by the department shall apply the 4 residency eligibility restrictions required by federal and 5 state law. 6 3. The director shall organize the department into subunits 7 as necessary to most efficiently carry out the intent of this 8 chapter and any other chapter the department is responsible for 9 administering. 10 4. If the department requires or requests a service 11 consumer, service provider, or other person to maintain 12 required documentation in electronic form, the department shall 13 accept such documentation submitted by electronic means and 14 shall not require a physical copy of the documentation unless 15 required by state or federal law. 16 Sec. 435. Section 218.4, subsections 1 and 2, Code 2024, are 17 amended to read as follows: 18 1. The department shall recommend to the council for 19 adoption adopt rules not inconsistent with law as necessary 20 for the management of the institutions and the admission, 21 treatment, care, custody, education and discharge of residents. 22 It is the duty of the department to establish rules by which 23 danger to life and property from fire will be minimized. The 24 department may require any appointees to perform duties in 25 addition to those required by statute. 26 2. Rules adopted by the council department pursuant 27 to chapter 17A shall be uniform and shall apply to all 28 institutions under the department’s jurisdiction. The primary 29 rules for use in institutions where persons with mental illness 30 are served shall, unless otherwise indicated, uniformly apply 31 to county or private hospitals in which persons with mental 32 illness are served, but the rules shall not interfere with 33 proper medical treatment administered to such persons by 34 -165- SF 2385 (4) 90 ss/ns/mb 165/ 235
S.F. 2385 competent physicians. Annually, signed copies of the rules 35 shall be sent to the superintendent of each institution. 1 Copies shall also be sent to the clerk of each district court, 2 the chairperson of the board of supervisors of each county and, 3 as appropriate, to the officer in charge of institutions or 4 hospitals caring for persons with mental illness in each county 5 who shall be responsible for seeing that the rules are posted 6 in each institution or hospital in a prominent place. The 7 rules shall be kept current to meet the public need and shall 8 be revised and published annually. 9 Sec. 436. Section 222.1, subsection 2, Code 2024, is amended 10 to read as follows: 11 2. The Glenwood state resource center and the Woodward 12 state resource center are established and shall be maintained 13 as the state’s regional resource centers for the purpose of 14 providing treatment, training, instruction, care, habilitation, 15 and support of persons with an intellectual disability or other 16 disabilities in this state, and providing facilities, services, 17 and other support to the communities located in the region 18 being served by a state resource center. In addition, the 19 state resource centers are encouraged to serve as a training 20 resource for community-based program staff, medical students, 21 and other participants in professional education programs. 22 A resource center may request the approval of the council 23 department to change the name of the resource center for use in 24 communication with the public, in signage, and in other forms 25 of communication. 26 Sec. 437. Section 222.2, Code 2024, is amended to read as 27 follows: 28 222.2 Definitions. 29 When used in this chapter , unless the context otherwise 30 requires: 31 1. “Auditor” means the county auditor or the auditor’s 32 designee. 33 2. “Council” means the council on health and human services. 34 -166- SF 2385 (4) 90 ss/ns/mb 166/ 235
S.F. 2385 3. 2. “Department” means the department of health and human 35 services. 1 4. 3. “Director” means the director of health and human 2 services. 3 5. 4. “Intellectual disability” means the same as defined 4 in section 4.1 . 5 6. 5. “Mental health and disability services region” means 6 a mental health and disability services region formed in 7 accordance with section 225C.56 . 8 7. 6. “Regional administrator” means the regional 9 administrator of a mental health and disability services 10 region, as defined in section 225C.55 . 11 8. 7. “Special unit” means a special intellectual 12 disability unit established at a state mental health institute 13 pursuant to sections 222.88 through 222.91 . 14 9. 8. “State resource centers” or “resource centers” means 15 the Glenwood state resource center and the Woodward state 16 resource center. 17 10. 9. “Superintendents” means the superintendents of the 18 state resource centers. 19 Sec. 438. Section 225.33, Code 2024, is amended to read as 20 follows: 21 225.33 Death of patient —— disposal of body. 22 When a committed public patient or a voluntary public 23 patient or a committed private patient dies while at the state 24 psychiatric hospital or at the university hospital, the state 25 psychiatric hospital shall have the body prepared for shipment 26 in accordance with the rules prescribed by the council on 27 department of health and human services for shipping such 28 bodies. It is the duty of the state board of regents to make 29 arrangements for the embalming and such other preparation as 30 necessary to comply with the rules and for the purchase of 31 suitable caskets. 32 Sec. 439. Section 225C.49, subsection 1, unnumbered 33 paragraph 1, Code 2024, is amended to read as follows: 34 -167- SF 2385 (4) 90 ss/ns/mb 167/ 235
S.F. 2385 The department shall provide coordination of the programs 35 administered by the department which serve individuals with a 1 disability and the individuals’ families, including but not 2 limited to the following juvenile justice and child welfare 3 services: family-centered services described under section 4 232.102 , decategorization of child welfare funding provided 5 for under section 232.188 , and foster care services paid under 6 section 234.35, subsection 3 . The department shall regularly 7 review administrative rules associated with such programs and 8 make recommendations to the council, governor , and general 9 assembly for revisions to remove barriers to the programs for 10 individuals with a disability and the individuals’ families 11 including the following: 12 Sec. 440. Section 226.1, subsections 3 and 4, Code 2024, are 13 amended to read as follows: 14 3. A mental health institute may request the approval of the 15 council department to change the name of the institution for 16 use in communication with the public, in signage, and in other 17 forms of communication. 18 4. For the purposes of this chapter , unless the context 19 otherwise requires: 20 a. “Council” means the council on health and human services. 21 b. a. “Department” means the department of health and human 22 services. 23 c. b. “Director” means the director of health and human 24 services. 25 d. c. “Mental health and disability services region” means 26 a mental health and disability services region formed in 27 accordance with section 225C.56 . 28 e. d. “Mental health institute” or “state mental health 29 institute” means a state hospital for persons with mental 30 illness as designated in this chapter . 31 f. e. “Regional administrator” means the same as defined 32 in section 225C.55 . 33 Sec. 441. Section 234.1, Code 2024, is amended to read as 34 -168- SF 2385 (4) 90 ss/ns/mb 168/ 235
S.F. 2385 follows: 35 234.1 Definitions. 1 As used in this chapter , unless the context otherwise 2 requires: 3 1. “Child” means either a person less than eighteen years of 4 age or a person eighteen, nineteen, or twenty years of age who 5 meets all of the following conditions: 6 a. The person was placed by court order issued pursuant 7 to chapter 232 in foster care or in an institution listed in 8 section 218.1 and either of the following situations apply to 9 the person: 10 (1) After reaching eighteen years of age, the person 11 has remained continuously and voluntarily under the care 12 of an individual, as defined in section 237.1 , licensed to 13 provide foster care pursuant to chapter 237 or in a supervised 14 apartment living arrangement, in this state. 15 (2) The person aged out of foster care after reaching 16 eighteen years of age and subsequently voluntarily applied for 17 placement with an individual, as defined in section 237.1 , 18 licensed to provide foster care pursuant to chapter 237 or for 19 placement in a supervised apartment living arrangement, in this 20 state. 21 b. The person has demonstrated a willingness to participate 22 in case planning and to complete the responsibilities 23 prescribed in the person’s case permanency plan. 24 c. The department has made an application for the person 25 for adult services upon a determination that it is likely the 26 person will need or be eligible for services or other support 27 from the adult services system. 28 2. “Council” means the council on health and human services. 29 3. 2. “Department” means the department of health and human 30 services. 31 4. 3. “Director” means the director of health and human 32 services. 33 5. 4. “Food programs” means the supplemental nutrition 34 -169- SF 2385 (4) 90 ss/ns/mb 169/ 235
S.F. 2385 assistance program and donated foods programs authorized by 35 federal law under the United States department of agriculture. 1 6. 5. “Supplemental nutrition assistance program” or “SNAP” 2 means benefits provided by the federal program administered 3 through 7 C.F.R. pts. 270 283 , as amended. 4 Sec. 442. Section 234.6, subsection 1, unnumbered paragraph 5 1, Code 2024, is amended to read as follows: 6 The director shall administer the family investment program, 7 state supplementary assistance, food programs, child welfare, 8 and emergency relief, family and adult service programs, and 9 any other form of public assistance and institutions that are 10 placed under the director’s administration. The director shall 11 perform duties, formulate and adopt rules as necessary, and 12 outline policies, dictate procedure, and delegate powers as 13 necessary for competent and efficient administration. Subject 14 to restrictions that may be imposed by the council, the The 15 director may abolish, alter, consolidate, or establish subunits 16 and abolish or change existing subunits. The director may 17 employ necessary personnel and determine their compensation; 18 may allocate or reallocate functions and duties among subunits; 19 and may adopt rules relating to the employment of personnel 20 and the allocation of their functions and duties among the 21 various subunits as required for competent and efficient 22 administration. The director shall do all of the following: 23 Sec. 443. Section 234.6, subsection 1, paragraphs d and h, 24 Code 2024, are amended to read as follows: 25 d. Notwithstanding any provisions to the contrary in chapter 26 239B relating to the consideration of income and resources of 27 claimants for assistance, and with the consent and approval of 28 the council, adopt rules necessary to qualify for federal aid 29 in the assistance programs administered by the director. 30 h. Recommend Adopt rules for their adoption by the council 31 for before and after school child care programs, conducted 32 within and by or contracted for by school districts, that are 33 appropriate for the ages of the children who receive services 34 -170- SF 2385 (4) 90 ss/ns/mb 170/ 235
S.F. 2385 under the programs. 35 Sec. 444. Section 237.1, Code 2024, is amended to read as 1 follows: 2 237.1 Definitions. 3 As used in this chapter : 4 1. “Agency” means a person which provides child foster care 5 and which does not meet the definition of an individual as 6 defined under this section . 7 2. “Child” means child as defined in section 234.1 . 8 3. “Child foster care” means the provision of parental 9 nurturing, including but not limited to the furnishing of 10 food, lodging, training, education, supervision, treatment, 11 or other care, to a child on a full-time basis by a person, 12 including a relative of the child if the relative is licensed 13 under this chapter , but not including a guardian of the child. 14 “Child foster care” does not include any of the following care 15 situations: 16 a. Care furnished by an individual person who receives the 17 child of a personal friend as an occasional and personal guest 18 in the individual person’s home, free of charge and not as a 19 business. 20 b. Care furnished by an individual person with whom a child 21 has been placed for lawful adoption, unless that adoption is 22 not completed within two years after placement. 23 c. Care furnished by a private boarding school subject to 24 approval by the state board of education pursuant to section 25 256.11 . 26 d. Child care furnished by a child care center, a child 27 development home, or a child care home as defined in section 28 237A.1 . 29 e. Care furnished in a hospital licensed under chapter 135B 30 or care furnished in a nursing facility licensed under chapter 31 135C . 32 f. Care furnished by a relative of a child or an individual 33 person with a meaningful relationship with the child where the 34 -171- SF 2385 (4) 90 ss/ns/mb 171/ 235
S.F. 2385 child is not under the placement, care, or supervision of the 35 department. 1 4. “Council” means the council on health and human services. 2 5. 4. “Department” means the department of health and human 3 services. 4 6. 5. “Director” means the director of health and human 5 services. 6 7. 6. “Facility” means the personnel, program, physical 7 plant, and equipment of a licensee. 8 8. 7. “Individual” means an individual person or a married 9 couple who provides child foster care in a single-family home 10 environment and which does not meet the definition of an agency 11 under this section . 12 9. 8. “Licensee” means an individual or an agency licensed 13 under this chapter . 14 10. 9. “Reasonable and prudent parent standard” means 15 the standard characterized by careful and sensible parenting 16 decisions that maintain the health, safety, and best interests 17 of a child, while at the same time encouraging the emotional 18 and developmental growth of a child, that a caregiver shall 19 use when determining whether to allow a child in foster care 20 under the placement, care, or supervision of the department to 21 participate in extracurricular, enrichment, cultural, or social 22 activities. For the purposes of this subsection , “caregiver” 23 means an individual or an agency licensed under this chapter 24 with which a child in foster care has been placed or a juvenile 25 shelter care home approved under chapter 232 in which a child 26 in foster care has been placed. 27 Sec. 445. Section 237.3, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. Except as otherwise provided by subsections 3 and 4 , 30 the department shall promulgate, after their adoption by the 31 council, adopt and enforce in accordance with chapter 17A , 32 administrative rules necessary to implement this chapter . 33 Formulation of the rules shall include consultation with 34 -172- SF 2385 (4) 90 ss/ns/mb 172/ 235
S.F. 2385 representatives of child foster care providers and other 35 persons affected by this chapter . The rules shall encourage 1 the provision of child foster care in a single-family, home 2 environment, exempting the single-family, home facility from 3 inappropriate rules. 4 Sec. 446. Section 237A.1, Code 2024, is amended to read as 5 follows: 6 237A.1 Definitions. 7 As used in this chapter unless the context otherwise 8 requires: 9 1. “Child” means either of the following: 10 a. A person twelve years of age or younger. 11 b. A person thirteen years of age or older but younger than 12 nineteen years of age who has a developmental disability as 13 defined under the federal Developmental Disabilities Assistance 14 and Bill of Rights Act of 2000, Pub. L. No. 106-402, as 15 codified in 42 U.S.C. §15002(8). 16 2. “Child care” means the care, supervision, and guidance of 17 a child by a person other than the child’s parent, guardian, 18 or custodian for periods of less than twenty-four hours per 19 day per child on a regular basis, but does not include care, 20 supervision, and guidance of a child by any of the following: 21 a. An instructional program for children who are attending 22 prekindergarten as defined by the state board of education 23 under section 256.11 or a higher grade level and are at least 24 four years of age, or are at least three years of age and 25 eligible for special education under chapter 256B , administered 26 by any of the following: 27 (1) A public or nonpublic school system accredited by the 28 department of education or the state board of regents. 29 (2) A nonpublic school system which is not accredited by the 30 department of education or the state board of regents. 31 b. Any of the following church-related programs: 32 (1) An instructional program. 33 (2) A youth program other than a preschool, before or after 34 -173- SF 2385 (4) 90 ss/ns/mb 173/ 235
S.F. 2385 school child care program, or other child care program. 35 (3) A program providing care to children on church premises 1 while the children’s parents are attending church-related or 2 church-sponsored activities on the church premises. 3 c. Short-term classes of less than two weeks’ duration held 4 between school terms or during a break within a school term. 5 d. A child care center for sick children operated as part of 6 a pediatrics unit in a hospital licensed by the department of 7 inspections, appeals, and licensing pursuant to chapter 135B . 8 e. A program operated not more than one day per week by 9 volunteers which meets all of the following conditions: 10 (1) Not more than eleven children are served per volunteer. 11 (2) The program operates for less than four hours during any 12 twenty-four-hour period. 13 (3) The program is provided at no cost to the children’s 14 parent, guardian, or custodian. 15 f. A program administered by a political subdivision of the 16 state which is primarily for recreational or social purposes 17 and is limited to children who are five years of age or older 18 and attending school. 19 g. An after school program continuously offered throughout 20 the school year calendar to children who are at least five 21 years of age and are enrolled in school, and attend the program 22 intermittently or a summer-only program for such children. The 23 program must be provided through a nominal membership fee or 24 at no cost. 25 h. A special activity program which meets less than four 26 hours per day for the sole purpose of the special activity. 27 Special activity programs include but are not limited to music 28 or dance classes, organized athletic or sports programs, 29 recreational classes, scouting programs, and hobby or craft 30 clubs or classes. 31 i. A nationally accredited camp. 32 j. A structured program for the purpose of providing 33 therapeutic, rehabilitative, or supervisory services to 34 -174- SF 2385 (4) 90 ss/ns/mb 174/ 235
S.F. 2385 children under any of the following: 35 (1) A purchase of service or managed care contract with the 1 department. 2 (2) A contract approved by a governance board of a 3 decategorization of child welfare and juvenile justice funding 4 project created under section 232.188 . 5 (3) An arrangement approved by a juvenile court order. 6 k. Care provided on-site to children of parents residing in 7 an emergency, homeless, or domestic violence shelter. 8 l. A child care facility providing respite care to a 9 licensed foster family home for a period of twenty-four hours 10 or more to a child who is placed with that licensed foster 11 family home. 12 m. A program offered to a child whose parent, guardian, 13 or custodian is engaged solely in a recreational or social 14 activity, remains immediately available and accessible on the 15 physical premises on which the child’s care is provided, and 16 does not engage in employment while the care is provided. 17 However, if the recreational or social activity is provided 18 in a fitness center or on the premises of a nonprofit 19 organization, the parent, guardian, or custodian of the child 20 may be employed to teach or lead the activity. 21 3. “Child care center” or “center” means a facility 22 providing child care or preschool services for seven or more 23 children, except when the facility is registered as a child 24 development home. 25 4. “Child care facility” or “facility” means a child care 26 center, preschool, or a registered child development home. 27 5. “Child care home” means a person or program providing 28 child care to any of the following children at any one time 29 that is not registered to provide child care under this 30 chapter , as authorized under section 237A.3 : 31 a. Five or fewer children. 32 b. Six or fewer children, if at least one of the children 33 is school-aged. 34 -175- SF 2385 (4) 90 ss/ns/mb 175/ 235
S.F. 2385 6. “Child development home” means a person or program 35 registered under section 237A.3A that may provide child care to 1 seven or more children at any one time. 2 7. “Children needing special needs care” or “special needs 3 child” means a child or children with one or more of the 4 following conditions: 5 a. The child has been diagnosed by a physician or by a 6 person endorsed for service as a school psychologist by the 7 department of education to have a developmental disability 8 which substantially limits one or more major life activities, 9 and the child requires professional treatment, assistance in 10 self-care, or the purchase of special adaptive equipment. 11 b. The child has been determined by a qualified intellectual 12 disability professional to have a condition which impairs the 13 child’s intellectual and social functioning. 14 c. The child has been diagnosed by a mental health 15 professional to have a behavioral or emotional disorder 16 characterized by situationally inappropriate behavior which 17 deviates substantially from behavior appropriate to the 18 child’s age, or which significantly interferes with the child’s 19 intellectual, social, or personal development. 20 8. “Council” means the council on health and human services. 21 9. 8. “Department” means the department of health and human 22 services. 23 10. 9. “Director” means the director of health and human 24 services. 25 11. 10. “Infant” means a child who is less than twenty-four 26 months of age. 27 12. 11. “Involvement with child care” means licensed 28 or registered under this chapter , employed in a child care 29 facility, residing in a child care facility, receiving public 30 funding for providing child care, or providing child care as a 31 child care home provider, or residing in a child care home. 32 13. 12. “Licensed center” means a center issued a full 33 or provisional license by the department under the provisions 34 -176- SF 2385 (4) 90 ss/ns/mb 176/ 235
S.F. 2385 of this chapter or a center for which a license is being 35 processed. 1 14. 13. “Poverty level” means the poverty level defined by 2 the most recently revised poverty income guidelines published 3 by the United States department of health and human services. 4 15. 14. “Preschool” means a child care facility which 5 provides to children ages three through five, for periods of 6 time not exceeding three hours per day, programs designed 7 to help the children to develop intellectual skills, social 8 skills, and motor skills, and to extend their interest and 9 understanding of the world about them. 10 16. 15. “School” means kindergarten or a higher grade 11 level. 12 17. “State child care advisory committee” means the state 13 child care advisory committee established pursuant to section 14 135.173A . 15 Sec. 447. Section 238.1, Code 2024, is amended to read as 16 follows: 17 238.1 Definitions. 18 For the purpose of this chapter unless the context otherwise 19 requires: 20 1. “Child” means the same as defined in section 234.1 . 21 2. “Child-placing agency” or “agency” means any agency, 22 whether public, semipublic, or private, which represents that 23 the agency places children permanently or temporarily in 24 private family homes or receives children for placement in 25 private family homes, or which actually engages for gain or 26 otherwise in the placement of children in private family homes. 27 “Agency” includes individuals, institutions, partnerships, 28 voluntary associations, and corporations, other than 29 institutions under the management or control of the department. 30 3. “Council” means the council on health and human services. 31 4. 3. “Department” means the department of health and human 32 services. 33 5. 4. “Director” means the director of health and human 34 -177- SF 2385 (4) 90 ss/ns/mb 177/ 235
S.F. 2385 services. 35 Sec. 448. Section 238.12, Code 2024, is amended to read as 1 follows: 2 238.12 Appeal —— judicial review. 3 1. A licensee aggrieved by a decision of the department 4 revoking the licensee’s license may appeal to the council 5 department in the manner prescribed by the council department . 6 The council department shall, upon receipt of such an appeal, 7 give the licensee reasonable notice and opportunity for a fair 8 hearing before the council or its duly department’s authorized 9 representative. Following the hearing , the council department 10 shall take final action and notify the licensee in writing. 11 2. Judicial review of the actions of the council department 12 may be sought in accordance with the terms of chapter 17A . 13 Sec. 449. Section 249.1, Code 2024, is amended to read as 14 follows: 15 249.1 Definitions. 16 As used in this chapter : 17 1. “Council” means the council on health and human services. 18 2. 1. “Department” means the department of health and human 19 services. 20 3. 2. “Director” means the director of health and human 21 services. 22 4. 3. “Federal supplemental security income” means cash 23 payments made to individuals by the United States government 24 under Tit. XVI of the Social Security Act as amended by Pub. L. 25 No. 92-603, or any other amendments thereto. 26 5. 4. “Previous categorical assistance programs” means the 27 aid to the blind program authorized by chapter 241 , the aid to 28 the disabled program authorized by chapter 241A and the old-age 29 assistance program authorized by chapter 249, Code 1973 . 30 6. 5. “State supplementary assistance” means cash payments 31 made to individuals: 32 a. By the United States government on behalf of the state of 33 Iowa pursuant to section 249.2 . 34 -178- SF 2385 (4) 90 ss/ns/mb 178/ 235
S.F. 2385 b. By the state of Iowa directly pursuant to sections 249.3 35 through 249.5 . 1 Sec. 450. Section 249.4, subsection 1, Code 2024, is amended 2 to read as follows: 3 1. Applications for state supplementary assistance shall 4 be made in the form and manner prescribed by the director or 5 the director’s designee , with the approval of the council, 6 pursuant to chapter 17A . Each person who applies and is found 7 eligible under section 249.3 shall, so long as the person’s 8 eligibility continues, receive state supplementary assistance 9 on a monthly basis, from funds appropriated to the department 10 for the purpose. 11 Sec. 451. Section 249A.4B, subsections 1 and 7, Code 2024, 12 are amended to read as follows: 13 1. A medical assistance advisory council is created to 14 comply with 42 C.F.R. §431.12 based on section 1902(a)(4) of 15 the federal Social Security Act and to advise the director 16 about health and medical care services under the medical 17 assistance program. The council shall meet no more than 18 quarterly as necessary . The director’s designee responsible 19 for public health or their designee and a public member of the 20 council selected by the public members of the council shall 21 serve as co-chairpersons of the council. 22 7. The director shall consider the recommendations offered 23 by the council in the director’s preparation of the medical 24 assistance budget recommendations to the council on health and 25 human services pursuant to section 217.3 and in implementation 26 of medical assistance program policies. 27 Sec. 452. Section 331.304, subsection 9, Code 2024, is 28 amended to read as follows: 29 9. A county shall not adopt or enforce any ordinance 30 imposing any registration or licensing system or registration 31 or license fees for or relating to owner-occupied manufactured 32 or mobile homes including the lots, lands, or manufactured 33 home community or mobile home park upon or in which they are 34 -179- SF 2385 (4) 90 ss/ns/mb 179/ 235
S.F. 2385 located. A county shall not adopt or enforce any ordinance 35 imposing any registration or licensing system, or registration 1 or license fees, or safety or sanitary standards for rental 2 manufactured or mobile homes unless similar registration or 3 licensing system, or registration or license fees, or safety 4 or sanitary standards are required for other rental properties 5 intended for human habitation. This subsection does not 6 preclude the investigation and abatement of a nuisance or the 7 enforcement of a tiedown system, or the enforcement of any 8 regulations rules of the council on department of health and 9 human services or local board of health if those regulations 10 rules apply to other rental properties or to owner-occupied 11 housing intended for human habitation. 12 Sec. 453. Section 364.3, subsection 5, Code 2024, is amended 13 to read as follows: 14 5. A city shall not adopt or enforce any ordinance imposing 15 any registration or licensing system or registration or license 16 fees for or relating to owner-occupied manufactured or mobile 17 homes including the lots, lands, or manufactured home community 18 or mobile home park upon or in which they are located. A 19 city shall not adopt or enforce any ordinance imposing any 20 registration or licensing system, or registration or license 21 fees, or safety or sanitary standards for rental manufactured 22 or mobile homes unless a similar registration or licensing 23 system, or registration or license fees, or safety or sanitary 24 standards are required for other rental properties intended 25 for human habitation. This subsection does not preclude the 26 investigation and abatement of a nuisance or the enforcement of 27 a tiedown system, or the enforcement of any regulations rules 28 of the council on department of health and human services or 29 local board of health if those regulations rules apply to other 30 rental properties or to owner-occupied housing intended for 31 human habitation. 32 DIVISION XI 33 ELIMINATION OF ADVISORY COUNCIL ON BRAIN INJURIES 34 -180- SF 2385 (4) 90 ss/ns/mb 180/ 235
S.F. 2385 Sec. 454. Section 135.22A, Code 2024, is amended to read as 35 follows: 1 135.22A Advisory council on brain Brain injuries —— policy 2 —— department as lead agency . 3 1. For purposes of this section , unless the context 4 otherwise requires: 5 a. “Brain injury” means a brain injury as defined in section 6 135.22 . 7 b. “Council” means the advisory council on brain injuries 8 health and human services . 9 2. The advisory council on brain injuries is established. 10 The following persons or their designees shall serve as ex 11 officio, nonvoting members of the council: 12 a. The director of health and human services or the 13 director’s designee. 14 b. The director of the department of education. 15 c. The chief of the special education bureau of the 16 department of education. 17 d. The administrator of the division of vocational 18 rehabilitation services of the department of workforce 19 development. 20 e. The director of the department for the blind. 21 3. The council shall be composed of a minimum of nine 22 members appointed by the governor in addition to the ex officio 23 members, and the governor may appoint additional members. 24 Insofar as practicable, the council shall include persons with 25 brain injuries; family members of persons with brain injuries; 26 representatives of industry, labor, business, and agriculture; 27 representatives of federal, state, and local government; and 28 representatives of religious, charitable, fraternal, civic, 29 educational, medical, legal, veteran, welfare, and other 30 professional groups and organizations. Members shall be 31 appointed representing every geographic and employment area 32 of the state and shall include members of both sexes. A 33 simple majority of the members appointed by the governor shall 34 -181- SF 2385 (4) 90 ss/ns/mb 181/ 235
S.F. 2385 constitute a quorum. 35 4. Members of the council appointed by the governor shall 1 be appointed for terms of two years. Vacancies on the council 2 shall be filled for the remainder of the term of the original 3 appointment. Members whose terms expire may be reappointed. 4 5. The voting members of the council shall appoint a 5 chairperson and a vice chairperson and other officers as the 6 council deems necessary. The officers shall serve until their 7 successors are appointed and qualified. Members of the council 8 shall receive actual expenses for their services. Members may 9 also be eligible to receive compensation as provided in section 10 7E.6 . The council shall adopt rules pursuant to chapter 17A . 11 6. 2. The council shall do all of the following: 12 a. Promote meetings and programs for the discussion of 13 methods to reduce the debilitating effects of brain injuries, 14 and disseminate information in cooperation with any other 15 department, agency, or entity on the prevention, evaluation, 16 care, treatment, and rehabilitation of persons affected by 17 brain injuries. 18 b. Study and review current prevention, evaluation, care, 19 treatment, and rehabilitation technologies and recommend 20 appropriate preparation, training, retraining, and distribution 21 of personnel and resources in the provision of services 22 to persons with brain injuries through private and public 23 residential facilities, day programs, and other specialized 24 services. 25 c. Participate in developing and disseminating criteria and 26 standards which may be required for future funding or licensing 27 of facilities, day programs, and other specialized services for 28 persons with brain injuries in this state. 29 d. Make recommendations to the governor for developing and 30 administering a state plan to provide services for persons with 31 brain injuries. 32 e. Meet at least quarterly as necessary . 33 7. 3. The department is designated as Iowa’s lead agency 34 -182- SF 2385 (4) 90 ss/ns/mb 182/ 235
S.F. 2385 for brain injury. For the purposes of this section , the 35 designation of lead agency authorizes the department to 1 perform or oversee the performance of those functions specified 2 in subsection 6 , paragraphs “a” through “c” . The council 3 is assigned to the department for administrative purposes. 4 The director shall be responsible for budgeting, program 5 coordination, and related management functions. 6 8. The council may receive gifts, grants, or donations 7 made for any of the purposes of its programs and disburse and 8 administer them in accordance with their terms and under the 9 direction of the director. 10 Sec. 455. Section 135.22B, subsection 2, paragraph c, Code 11 2024, is amended to read as follows: 12 c. The department shall consult with the advisory council 13 on brain injuries, established pursuant to section 135.22A , 14 regarding the program and shall report to the council 15 concerning the program at least quarterly. The council shall 16 make recommendations to the department concerning the program’s 17 operation. 18 DIVISION XII 19 ELIMINATION OF CHILDREN’S BEHAVIORAL HEALTH SYSTEM STATE BOARD 20 Sec. 456. Section 225C.52, Code 2024, is amended to read as 21 follows: 22 225C.52 Children’s behavioral health system state board —— 23 Council duties. 24 The council shall provide guidance on the implementation 25 and management of a children’s behavioral health system for 26 the provision of services to children with a serious emotional 27 disturbance. To the extent funding is available, the state 28 board council shall perform the following duties: 29 1. Advise the director on the administration of the 30 children’s behavioral health system. 31 2. Provide consultation services support to agencies 32 regarding the development of administrative rules for the 33 children’s behavioral health system. 34 -183- SF 2385 (4) 90 ss/ns/mb 183/ 235
S.F. 2385 3. Identify behavioral health outcomes and indicators for 35 eligible children with a serious emotional disturbance to 1 promote children living with their own families and in the 2 community. 3 4. Submit a written report on or before December 1 of each 4 year to the governor and the general assembly. At a minimum, 5 the report shall include a summary of all activities undertaken 6 by the state board council relating to the children’s 7 behavioral health system and results from identified behavioral 8 health outcomes and indicators for the children’s behavioral 9 health system. 10 Sec. 457. Section 225C.55, Code 2024, is amended to read as 11 follows: 12 225C.55 Definitions. 13 As used in this subchapter , unless the context otherwise 14 requires: 15 1. “Children’s behavioral health services” means the same as 16 defined in section 225C.2 . 17 2. “Council” means the council on health and human services. 18 2. 3. “Department” means the department of health and human 19 services. 20 3. 4. “Director” means the director of health and human 21 services. 22 4. 5. “Disability services” means the same as defined in 23 section 225C.2 . 24 5. 6. “Population” means, as of July 1 of the fiscal year 25 preceding the fiscal year in which the population figure is 26 applied, the population shown by the latest preceding certified 27 federal census or the latest applicable population estimate 28 issued by the United States census bureau, whichever is most 29 recent. 30 6. 7. “Regional administrator” means the administrative 31 office, organization, or entity formed by agreement of the 32 counties participating in a region to function on behalf of 33 those counties in accordance with this subchapter . 34 -184- SF 2385 (4) 90 ss/ns/mb 184/ 235
S.F. 2385 7. 8. “Serious emotional disturbance” means the same as 35 defined in section 225C.2 . 1 8. “State board” means the children’s system state board 2 created in section 225C.51 . 3 9. “State commission” means the mental health and disability 4 services commission created in section 225C.5 . 5 Sec. 458. Section 225C.66, subsection 3, Code 2024, is 6 amended to read as follows: 7 3. Pursuant to recommendations made by the state board, 8 the The department shall adopt rules to define the services 9 included in the core domains listed in this section . The rules 10 shall provide service definitions, service provider standards, 11 service access standards, and service implementation dates, and 12 shall provide consistency, to the extent possible, with similar 13 service definitions under the medical assistance program. 14 Sec. 459. REPEAL. Section 225C.51, Code 2024, is repealed. 15 DIVISION XIII 16 ELIMINATION OF CONGENITAL AND INHERITED DISORDERS ADVISORY 17 COMMITTEE 18 Sec. 460. Section 136A.2, Code 2024, is amended to read as 19 follows: 20 136A.2 Definitions. 21 As used in this chapter , unless the context otherwise 22 requires: 23 1. “Attending health care provider” means a licensed 24 physician, nurse practitioner, certified nurse midwife, or 25 physician assistant. 26 2. “Congenital and inherited disorders advisory committee” 27 or “advisory committee” means the congenital and inherited 28 disorders advisory committee created in this chapter . 29 3. 2. “Congenital disorder” means an abnormality existing 30 prior to or at birth, including a stillbirth, that adversely 31 affects the health and development of a fetus, newborn, child, 32 or adult, including a structural malformation or a genetic, 33 chromosomal, inherited, or biochemical disorder. 34 -185- SF 2385 (4) 90 ss/ns/mb 185/ 235
S.F. 2385 3. “Council” means the council on health and human services. 35 4. “Department” means the department of health and human 1 services. 2 5. “Disorder” means a congenital or inherited disorder. 3 6. “Genetics” means the study of inheritance and how genes 4 contribute to health conditions and the potential for disease. 5 7. “Genomics” means the functions and interactions of all 6 human genes and their variation within human populations, 7 including their interaction with environmental factors, and 8 their contribution to health. 9 8. “Inherited disorder” means a condition caused by an 10 abnormal change in a gene or genes passed from a parent or 11 parents to their child. Onset of the disorder may be prior to 12 or at birth, during childhood, or in adulthood. 13 9. “Stillbirth” means an unintended fetal death occurring 14 after a gestation period of twenty completed weeks, or an 15 unintended fetal death of a fetus with a weight of three 16 hundred fifty or more grams. 17 Sec. 461. Section 136A.3A, Code 2024, is amended to read as 18 follows: 19 136A.3A Congenital and inherited disorders advisory committee 20 established —— process Process for addition of conditions to 21 newborn screening. 22 1. A congenital and inherited disorders advisory committee 23 is established to The council shall assist the department in 24 the development of programs that ensure the availability and 25 access to quality genetic and genomic health care services for 26 all Iowans. 27 2. The members of the advisory committee shall be appointed 28 by the director and shall include persons with relevant 29 expertise and interest including parent representatives. 30 3. 2. The advisory committee council shall assist the 31 department in designating the conditions to be included in the 32 newborn screening and in regularly evaluating the effectiveness 33 and appropriateness of the newborn screening. 34 -186- SF 2385 (4) 90 ss/ns/mb 186/ 235
S.F. 2385 4. 3. a. Beginning July 1, 2022, the advisory committee 35 council shall ensure that all conditions included in the 1 federal recommended uniform screening panel as of January 1, 2 2022, are included in the newborn screening. 3 b. Within twelve months of the addition of a new 4 condition to the federal recommended uniform screening panel, 5 the advisory committee council shall consider and make a 6 recommendation to the department regarding inclusion of the 7 new condition in the newborn screening, including the current 8 newborn screening capacity to screen for the new condition 9 and the resources necessary to screen for the new condition 10 going forward. If the advisory committee council recommends 11 inclusion of a new condition, the department shall include the 12 new condition in the newborn screening within eighteen months 13 of receipt of the recommendation. 14 5. 4. The department shall submit a status report to the 15 general assembly, annually, by December 31, regarding all of 16 the following: 17 a. The current conditions included in the newborn screening. 18 b. Any new conditions currently under consideration or 19 recommended by the advisory committee council for inclusion in 20 the newborn screening. 21 c. Any new conditions considered but not recommended by the 22 advisory committee council in the prior twelve-month period and 23 the reason for not recommending any such conditions. 24 d. Any departmental request for additional program capacity 25 or resources necessitated by the inclusion of a recommended new 26 condition in the newborn screening. 27 e. Any delay and the reason for the delay by the advisory 28 committee council in complying with the specified twelve-month 29 time frame in considering or recommending the inclusion of a 30 new condition in the newborn screening to the department. 31 f. Any delay and the reason for the delay by the department 32 in complying with the specified eighteen-month time frame in 33 including a new condition in the newborn screening following 34 -187- SF 2385 (4) 90 ss/ns/mb 187/ 235
S.F. 2385 receipt of a recommendation from the advisory committee council 35 recommending the inclusion of such condition. 1 6. 5. The state hygienic laboratory shall establish 2 the newborn screening fee schedule in a manner sufficient 3 to support the newborn screening system of care including 4 laboratory screening costs, short-term and long-term follow-up 5 program costs, the newborn screening developmental fund, and 6 the cost of the department’s newborn screening data system. 7 DIVISION XIV 8 ELIMINATION OF EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 9 Sec. 462. Section 147A.2, Code 2024, is amended to read as 10 follows: 11 147A.2 Council established —— terms of office on health and 12 human services —— advisory duties . 13 1. An EMS advisory council shall be appointed by the 14 director. Membership of the council shall be comprised of 15 individuals nominated from, but not limited to, the following 16 state or national organizations: Iowa osteopathic medical 17 association, Iowa medical society, American college of 18 emergency physicians, Iowa physician assistant society, Iowa 19 academy of family physicians, university of Iowa hospitals 20 and clinics, American academy of emergency medicine, American 21 academy of pediatrics, Iowa EMS association, Iowa firefighters 22 association, Iowa professional fire fighters, EMS education 23 programs committee, Iowa nurses association, Iowa hospital 24 association, and the Iowa state association of counties. The 25 council shall also include at least two at-large members 26 who are volunteer emergency medical care providers and a 27 representative of a private service program. 28 2. The EMS advisory council on health and human services 29 shall advise the director and develop policy recommendations 30 concerning the regulation, administration, and coordination of 31 emergency medical services in the state. 32 Sec. 463. REPEAL. Section 147A.3, Code 2024, is repealed. 33 DIVISION XV 34 -188- SF 2385 (4) 90 ss/ns/mb 188/ 235
S.F. 2385 ELIMINATION OF TRAUMA SYSTEM ADVISORY COUNCIL 35 Sec. 464. Section 147A.23, Code 2024, is amended to read as 1 follows: 2 147A.23 Trauma care system development. 3 1. The department is designated as a lead agency in this 4 state responsible for the development of a statewide trauma 5 care system. 6 2. The department , in consultation with the trauma system 7 advisory council, shall develop, coordinate, and monitor a 8 statewide trauma care system. This system shall include, but 9 not be limited to, the following: 10 a. (1) Development of criteria for the categorization 11 of all hospitals and emergency care facilities according to 12 their trauma care capabilities. These categories shall be for 13 levels I, II, III, and IV, based on the most current guidelines 14 published by the American college of surgeons committee on 15 trauma, the American college of emergency physicians, and 16 the model trauma care plan of the United States department 17 of health and human services’ health resources and services 18 administration. 19 (2) The categorization of all hospitals and emergency 20 care facilities by the department as to their capacity to 21 provide trauma care services. The categorization shall be 22 determined by the department from self-reported information 23 provided to the department by the hospital or emergency care 24 facility. This categorization shall not be construed to imply 25 any guarantee on the part of the department as to the level of 26 trauma care services available at the hospital or emergency 27 care facility. 28 b. (1) Development of a process for the verification of 29 the trauma care capacity of each facility and the issuance of a 30 certificate of verification. The standards and verification 31 process shall be established by rule and may vary as 32 appropriate by level of trauma care capability. To the extent 33 possible, the standards and verification process shall be 34 -189- SF 2385 (4) 90 ss/ns/mb 189/ 235
S.F. 2385 coordinated with other applicable accreditation and licensing 35 standards. 1 (2) The issuance of a certificate of verification of all 2 categorized hospitals and emergency care facilities from the 3 department at the level preferred by the hospital or emergency 4 care facility. The standards and verification process shall 5 be established by rule and may vary as appropriate by level of 6 trauma care capability. To the extent possible, the standards 7 and verification process shall be coordinated with other 8 applicable accreditation and licensing standards. 9 c. Upon verification and the issuance of a certificate 10 of verification, agreement by a hospital or emergency care 11 facility agrees to maintain a level of commitment and resources 12 sufficient to meet responsibilities and standards as required 13 by the trauma care criteria established by rule under this 14 subchapter . Verifications are valid for a period of three 15 years or as determined by the department and are renewable. As 16 part of the verification and renewal process, the department 17 may conduct periodic on-site reviews of the services and 18 facilities of the hospital or emergency care facility. 19 d. Implementation of an Iowa trauma care plan. 20 e. Development of standards for medical direction, trauma 21 care, triage and transfer protocols, and trauma registries. 22 f. Promotion of public information and education activities 23 for injury prevention. 24 g. The development of strategies and the review of rules 25 adopted under this subchapter to promote optimal trauma care 26 delivery throughout the state. 27 h. Development, implementation, and conducting of trauma 28 care system evaluation, quality assessment, and quality 29 improvement. 30 d. 3. The department is responsible for the funding of the 31 administrative costs of this subchapter . Any funds received 32 by the department for this purpose shall be deposited in the 33 emergency medical services fund established in section 135.25 . 34 -190- SF 2385 (4) 90 ss/ns/mb 190/ 235
S.F. 2385 e. 4. This section shall not be construed to limit the 35 number and distribution of level I, II, III, and IV categorized 1 and verified trauma care facilities in a community or region. 2 5. Proceedings, records, and reports developed pursuant 3 to this section constitute peer review records under section 4 147.135, and are not subject to discovery by subpoena or 5 admissible as evidence. All information and documents 6 received from a hospital or emergency care facility under this 7 subchapter shall be confidential pursuant to section 272C.6, 8 subsection 4. 9 Sec. 465. Section 147A.26, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. The department shall maintain a statewide trauma 12 reporting system by which the trauma system advisory council 13 and the department may monitor the effectiveness of the 14 statewide trauma care system. 15 Sec. 466. REPEAL. Section 147A.24, Code 2024, is repealed. 16 DIVISION XVI 17 ELIMINATION OF JUSTICE ADVISORY BOARD 18 Sec. 467. Section 216A.131, Code 2024, is amended to read 19 as follows: 20 216A.131 Definitions. 21 For the purpose of this subchapter , unless the context 22 otherwise requires : 23 1. “Board” means the justice advisory board. 24 2. “Department” , “department” means the department of health 25 and human services. 26 Sec. 468. Section 216A.133, Code 2024, is amended to read 27 as follows: 28 216A.133 Purpose and Department duties. 29 1. The purpose of the board department shall be do all of 30 the following: 31 a. Develop short-term and long-term goals to improve the 32 criminal and juvenile justice systems. 33 b. Identify and analyze justice system issues , including 34 -191- SF 2385 (4) 90 ss/ns/mb 191/ 235
S.F. 2385 the impact of present criminal and juvenile justice policy, and 35 make recommendations for policy change . 1 c. Develop and assist others in implementing recommendations 2 and plans for justice system improvement. 3 d. Provide the general assembly with an analysis of current 4 and proposed criminal code provisions. 5 e. Provide for a clearinghouse of justice system information 6 to coordinate with data resource agencies and assist others in 7 the use of justice system data. 8 2. The board shall advise the department on its 9 administration of state and federal grants and appropriations 10 and shall carry out other functions consistent with this 11 subchapter . 12 3. The duties of the board shall consist of the following: 13 a. Identifying issues and analyzing the operation and impact 14 of present criminal and juvenile justice policy and making 15 recommendations for policy changes. 16 b. f. Coordinating Coordinate with data resource agencies 17 to provide data and analytical information to federal, state, 18 and local governments, and assisting assist agencies in the use 19 of criminal and juvenile justice data. 20 c. g. Reporting Report criminal justice system needs to the 21 governor, the general assembly, and other decision makers to 22 improve the criminal justice system. 23 d. h. Reporting Report juvenile justice system needs to 24 the governor, the general assembly, and other decision makers 25 to address issues specifically affecting the juvenile justice 26 system, including evidence-based programs for group foster 27 care placements and the state training school, diversion, and 28 community-based services for juvenile offenders. 29 e. i. Providing Provide technical assistance upon request 30 to state and local agencies. 31 f. j. Administering Administer federal funds and funds 32 appropriated by the state or that are otherwise available 33 in compliance with applicable laws, regulations, and other 34 -192- SF 2385 (4) 90 ss/ns/mb 192/ 235
S.F. 2385 requirements for purposes of study, research, investigation, 35 planning, and implementation in the areas of criminal and 1 juvenile justice. 2 g. k. Making Make grants to cities, counties, and other 3 entities pursuant to applicable law. 4 h. l. Maintaining Maintain an Iowa correctional policy 5 project as provided in section 216A.137 . 6 i. m. Providing Provide input and make recommendations 7 to the director including in the development of a budget 8 recommendations for the department. 9 j. Developing and making recommendations to the director. 10 k. n. Serving as a liaison between the department and 11 the public, sharing Share information and gathering gather 12 constituency input. 13 l. Recommending to the department the adoption of rules 14 pursuant to chapter 17A as it deems necessary for the board and 15 department. 16 m. o. Recommending Recommend legislative and executive 17 action to the governor and general assembly. 18 n. p. Establishing Establish advisory committees, work 19 groups, or other coalitions as appropriate. 20 o. q. Providing Provide the general assembly with 21 an analysis and recommendations of current criminal code 22 provisions and proposed legislation which include but are not 23 limited to all of the following: 24 (1) Potential disparity in sentencing. 25 (2) Truth in sentencing. 26 (3) Victims. 27 (4) The proportionality of specific sentences. 28 (5) Sentencing procedures. 29 (6) Costs associated with the implementation of criminal 30 code provisions, including costs to the judicial branch, 31 department of corrections, and judicial district departments 32 of correctional services, costs for representing indigent 33 defendants, and costs incurred by political subdivisions of the 34 -193- SF 2385 (4) 90 ss/ns/mb 193/ 235
S.F. 2385 state. 35 (7) Best practices related to the department of corrections 1 including recidivism rates, safety and the efficient use of 2 correctional staff, and compliance with correctional standards 3 set by the federal government and other jurisdictions. 4 (8) Best practices related to the Iowa child death state 5 mortality review team committee established in section 135.43 6 and the Iowa domestic abuse death review team established in 7 section 135.109 . 8 p. r. Studying Study and making make recommendations for 9 treating and supervising adult and juvenile sex offenders in 10 institutions, community-based programs, and in the community, 11 in areas which include but are not limited to all of the 12 following: 13 (1) The effectiveness of electronically monitoring sex 14 offenders. 15 (2) The cost and effectiveness of special sentences 16 pursuant to chapter 903B . 17 (3) Risk assessment models created for sex offenders. 18 (4) Determining the best treatment programs available for 19 sex offenders and the efforts of Iowa and other states to 20 implement treatment programs. 21 (5) The efforts of Iowa and other states to prevent sex 22 abuse-related crimes including child sex abuse. 23 (6) Any other related issues the board deems necessary, 24 including but not limited to computer and internet sex-related 25 crimes, sex offender case management, best practices for sex 26 offender supervision, the sex offender registry, and the 27 effectiveness of safety zones. 28 q. s. Providing Provide expertise and advice to the 29 legislative services agency, the department of corrections, the 30 judicial branch, and others charged with formulating fiscal, 31 correctional, or minority impact statements. 32 r. t. Reviewing Review data supplied by the department, the 33 department of management, the legislative services agency, the 34 -194- SF 2385 (4) 90 ss/ns/mb 194/ 235
S.F. 2385 Iowa supreme court, and other departments or agencies for the 35 purpose of determining the effectiveness and efficiency of the 1 collection of such data. 2 4. 2. The board department shall submit reports, in 3 accordance with section 216A.135 , to the governor and general 4 assembly regarding actions taken, issues studied, and board 5 council recommendations. 6 Sec. 469. Section 216A.135, subsection 1, Code 2024, is 7 amended to read as follows: 8 1. The board department shall submit a three-year criminal 9 and juvenile justice plan for the state, beginning December 1, 10 2020, and every three years thereafter, by December 1. The 11 three-year plan shall be updated annually. Each three-year 12 plan and annual updates of the three-year plan shall be 13 submitted to the governor and the general assembly by December 14 1. 15 Sec. 470. Section 216A.137, subsection 1, Code 2024, is 16 amended to read as follows: 17 1. The department shall maintain an Iowa correctional 18 policy project for the purpose of conducting analyses of 19 major correctional issues affecting the criminal and juvenile 20 justice system. The board department shall identify and 21 prioritize the issues and studies to be addressed by the 22 department through this project and shall report project 23 plans and findings annually along with the report required 24 in section 216A.135 . Issues and studies to be considered by 25 the board shall include but are not limited to a review of the 26 information systems available to assess corrections trends 27 and program effectiveness, the development of an evaluation 28 plan for assessing the impact of corrections expenditures, 29 and a study of the desirability and feasibility of changing 30 the state’s sentencing practices, which includes a prison 31 population forecast. 32 Sec. 471. REPEAL. Section 216A.132, Code 2024, is repealed. 33 DIVISION XVII 34 -195- SF 2385 (4) 90 ss/ns/mb 195/ 235
S.F. 2385 ELIMINATION OF IOWA COLLABORATION FOR YOUTH DEVELOPMENT COUNCIL 35 Sec. 472. Section 216A.140, Code 2024, is amended to read 1 as follows: 2 216A.140 Iowa collaboration for youth development council —— 3 state State of Iowa youth advisory council. 4 1. Definitions. For the purposes of this section , unless 5 the context otherwise requires: 6 a. “Youth” means children and young persons who are ages six 7 through twenty-one years. 8 b. “Youth advisory council” means the state of Iowa youth 9 advisory council created by this section . 10 c. “Youth development council” means the Iowa collaboration 11 for youth development council created by this section . 12 2. Collaboration council created. An Iowa collaboration for 13 youth development council is created as an alliance of state 14 agencies that address the needs of youth in Iowa. 15 3. Purpose. The purpose of the youth development council is 16 to improve the lives and futures of Iowa’s youth by doing all 17 of the following: 18 a. Adopting and applying positive youth development 19 principles and practices at the state and local levels. 20 b. Increasing the quality, efficiency, and effectiveness of 21 opportunities and services and other supports for youth. 22 c. Improving and coordinating state youth policy and 23 programs across state agencies. 24 4. Vision statement. All youth development activities 25 addressed by the youth development council shall be aligned 26 around the following vision statement: 27 “All Iowa youth will be safe, healthy, successful, and prepared 28 for adulthood.” 29 5. Membership. The youth development council membership 30 shall be determined by the council itself and shall include the 31 directors or chief administrators, or their designees, from the 32 following state agencies and programs: 33 a. Child advocacy board. 34 -196- SF 2385 (4) 90 ss/ns/mb 196/ 235
S.F. 2385 b. Department of education. 35 c. Department of health and human services. 1 d. Department of workforce development. 2 e. Office of drug control policy. 3 f. Iowa cooperative extension service in agriculture and 4 home economics. 5 6. Procedure. Except as otherwise provided by law, the 6 youth development council shall determine its own rules of 7 procedure and operating policies, including but not limited 8 to terms of members. The youth development council may form 9 committees or subgroups as necessary to achieve its purpose. 10 7. Duties. The youth development council’s duties shall 11 include but are not limited to all of the following: 12 a. Study, explore, and plan for the best approach to 13 structure and formalize the functions and activities of the 14 youth development council to meet its purpose, and make formal 15 recommendations for improvement to the governor and general 16 assembly. 17 b. Review indicator data and identify barriers to youth 18 success and develop strategies to address the barriers. 19 c. Coordinate across agencies the state policy priorities 20 for youth. 21 d. Strengthen partnerships with the nonprofit and private 22 sectors to gather input, build consensus, and maximize use of 23 existing resources and leverage new resources to improve the 24 lives of youth and their families. 25 e. Oversee the activities of the youth advisory council. 26 f. Seek input from and engage the youth advisory council 27 in the development of more effective policies, practices, and 28 programs to improve the lives and futures of youth. 29 g. Report annually by February 1 to the governor and general 30 assembly. 31 8. 2. State of Iowa youth advisory council. A state of 32 Iowa youth advisory council is created to provide input to the 33 governor, general assembly, and state and local policymakers on 34 -197- SF 2385 (4) 90 ss/ns/mb 197/ 235
S.F. 2385 youth issues. 35 a. The purpose of the youth advisory council is to foster 1 communication among a group of engaged youth and the governor, 2 general assembly, and state and local policymakers regarding 3 programs, policies, and practices affecting youth and families; 4 and to advocate for youth on important issues affecting youth ; 5 and to improve the lives and futures of Iowa’s youth . 6 b. The youth advisory council shall consist of no more than 7 twenty-one youth ages fourteen through twenty years who reside 8 in Iowa. Membership shall be for two-year staggered terms. 9 The director or the director’s designee shall select council 10 members using an application process. The director or the 11 director’s designee shall strive to maintain a diverse council 12 membership and shall take into consideration race, ethnicity, 13 disabilities, gender, and geographic location of residence of 14 the applicants. 15 c. Except as otherwise provided by law, the youth advisory 16 council shall determine its own rules of procedure and 17 operating policies, subject to approval by the director or the 18 director’s designee. 19 d. The youth advisory council shall meet at least quarterly. 20 do all of the following: 21 (1) Adopt and apply positive youth development principles 22 and practices at the state and local levels. 23 (2) Increase the quality, efficiency, and effectiveness of 24 opportunities and services and other supports for youth. 25 (3) Improve, coordinate, and prioritize state youth policy 26 and programs across state agencies. 27 (4) Align all policies around the vision that all Iowa youth 28 will be safe, healthy, successful, and prepared for adulthood. 29 (5) Review indicator data, identify barriers to youth 30 success, and develop strategies to address the barriers. 31 (6) Strengthen partnerships with the nonprofit and private 32 sectors to gather input, build consensus, and maximize the use 33 of existing resources and leverage new resources to improve the 34 -198- SF 2385 (4) 90 ss/ns/mb 198/ 235
S.F. 2385 lives of youth and their families. 35 (7) Report annually by February 1 to the governor and the 1 general assembly. 2 9. 3. Lead agency. The lead agency for support of the Iowa 3 collaboration for youth development council and the state of 4 Iowa youth advisory council is the department. The department 5 shall coordinate activities and, with funding made available 6 to it for such purposes, provide staff support for the youth 7 development council and the youth advisory council. 8 DIVISION XVIII 9 ELIMINATION OF COMMISSIONS UNDER HUMAN RIGHTS BOARD 10 Sec. 473. Section 216A.1, subsection 1, paragraph a, Code 11 2024, is amended by striking the paragraph and inserting in 12 lieu thereof the following: 13 a. Community advocacy and services on behalf of 14 underrepresented populations in the state. 15 Sec. 474. Section 216A.3, Code 2024, is amended to read as 16 follows: 17 216A.3 Human rights board. 18 1. A human rights board is created within the department. 19 2. The board shall consist of sixteen twelve members, 20 including eleven seven voting members and five nonvoting 21 members , and determined as follows: 22 a. The voting members shall consist of nine seven voting 23 members selected by each of the permanent commissions within 24 the department, and two voting members, appointed by the 25 governor. For purposes of this paragraph “a” , “permanent 26 commissions” means the commission of Latino affairs, 27 commission on the status of women, commission of persons 28 with disabilities, commission on community action agencies, 29 commission of deaf services, justice advisory board, commission 30 on the status of African Americans, commission of Asian and 31 Pacific Islander affairs, and commission of Native American 32 affairs who shall be appointed by the governor, subject to 33 confirmation by the senate pursuant to section 2.32, and shall 34 -199- SF 2385 (4) 90 ss/ns/mb 199/ 235
S.F. 2385 represent underrepresented populations in the state. All 35 voting members shall reside in the state . The term of office 1 for voting members is four years. 2 b. The nonvoting members shall consist of the department 3 director, two state representatives, one appointed by the 4 speaker of the house of representatives and one by the minority 5 leader of the house of representatives, and two state senators, 6 one appointed by the majority leader of the senate and one by 7 the minority leader of the senate. 8 3. A majority of the voting members of the board shall 9 constitute a quorum, and the affirmative vote of two-thirds of 10 the voting members present is necessary for any substantive 11 action taken by the board. The board shall select a 12 chairperson from the voting members of the board. The board 13 shall meet not less than four times a year. 14 4. The board shall develop do all of the following: 15 a. Develop and monitor implementation of a comprehensive 16 strategic plan to remove barriers for underrepresented 17 populations or groups and, in doing so, to increase Iowa’s 18 productivity and inclusivity, including performance measures 19 and benchmarks. 20 b. Study the opportunities for and changing needs of the 21 underrepresented populations or groups in the state. 22 c. Serve as a liaison between the department and the public, 23 sharing information and gathering constituency input. 24 d. Recommend to the department the adoption of rules 25 pursuant to chapter 17A as the board deems necessary. 26 e. Recommend legislative and executive action to the 27 governor and general assembly to advance the interests of 28 underrepresented populations or groups and to improve the 29 status of low-income persons in the state. 30 f. Establish advisory committees, work groups, or other 31 coalitions as appropriate. 32 g. Advance the interests of underrepresented populations 33 or groups in the areas of human rights, access to justice, 34 -200- SF 2385 (4) 90 ss/ns/mb 200/ 235
S.F. 2385 economic equality, and the elimination of discrimination. 35 Sec. 475. Section 216A.4, Code 2024, is amended to read as 1 follows: 2 216A.4 Definitions. 3 For purposes of this chapter , unless the context otherwise 4 requires: 5 1. “Asian or Pacific Islander” means an individual from any 6 of the countries of Asia or islands of the Pacific. 7 1. 2. “Board” means the human rights board. 8 2. 3. “Department” means the department of health and human 9 services. 10 3. 4. “Director” means the director of health and human 11 services. 12 5. “Tribal government” means the governing body of a 13 federally recognized Indian tribe. 14 4. 6. “Underrepresented” means the historical 15 marginalization of populations or groups in the United States 16 and Iowa, including but not limited to African Americans, Asian 17 and Pacific Islanders, persons who are deaf or hard of hearing, 18 persons with disabilities, Latinos, Native Americans, women, 19 persons who have low socioeconomic status, at-risk youth, and 20 adults or juveniles with a criminal history. 21 COMMISSION AND OFFICE OF LATINO AFFAIRS ELIMINATION 22 Sec. 476. REPEAL. Sections 216A.11, 216A.12, 216A.13, 23 216A.14, and 216A.15, Code 2024, are repealed. 24 COMMISSION AND OFFICE ON THE STATUS OF WOMEN ELIMINATION 25 Sec. 477. Section 241.3, subsection 2, Code 2024, is amended 26 to read as follows: 27 2. The department shall consult and cooperate with the 28 department of workforce development, the United States 29 commissioner of social security administration, the office 30 on the status of women of the department, the department of 31 education, and other persons in the executive branch of the 32 state government as the department considers appropriate to 33 facilitate the coordination of multipurpose service programs 34 -201- SF 2385 (4) 90 ss/ns/mb 201/ 235
S.F. 2385 established under this chapter with existing programs of a 35 similar nature. 1 Sec. 478. REPEAL. Sections 216A.51, 216A.52, 216A.53, and 2 216A.54, Code 2024, are repealed. 3 COMMISSION AND OFFICE ON PERSONS WITH DISABILITIES ELIMINATION 4 Sec. 479. REPEAL. Sections 216A.71, 216A.72, 216A.74, and 5 216A.75, Code 2024, are repealed. 6 COMBINING OF DEAF SERVICES COMMISSION AND DUAL PARTY RELAY 7 COUNCIL 8 Sec. 480. Section 216A.111, subsection 2, Code 2024, is 9 amended by striking the subsection. 10 Sec. 481. Section 216A.113, Code 2024, is amended to read 11 as follows: 12 216A.113 Deaf services commission established. 13 1. The commission of deaf services is established, and shall 14 consist of seven voting members appointed by the governor , 15 subject to confirmation by the senate pursuant to section 16 2.32 . Membership of the commission shall include at least four 17 members who are deaf and at least one member who is or hard of 18 hearing , and three members who are representatives of telephone 19 companies . The commission shall also include the director, or 20 the director’s designee, as a nonvoting member. All members 21 shall reside in Iowa. 22 2. Members Voting members of the commission shall serve 23 four-year staggered terms which shall begin and end pursuant to 24 section 69.19 . Members Voting members whose terms expire may 25 be reappointed. Vacancies on the commission may be filled for 26 the remainder of the term in the same manner as the original 27 appointment. Members Voting members shall receive actual 28 expenses incurred while serving in their official capacity, 29 subject to statutory limits. Members Voting members may also 30 be eligible to receive compensation as provided in section 31 7E.6 . 32 3. Members The voting members of the commission shall 33 appoint a chairperson and vice chairperson and other officers 34 -202- SF 2385 (4) 90 ss/ns/mb 202/ 235
S.F. 2385 as the commission deems necessary. The commission shall 35 meet at least quarterly during each fiscal year. A majority 1 of the voting members currently appointed to the commission 2 shall constitute a quorum. A quorum shall be required for the 3 conduct of business of the commission, and the affirmative vote 4 of a majority of the currently appointed voting members is 5 necessary for any substantive action taken by the commission. 6 A voting member shall not vote on any action if the voting 7 member has a conflict of interest on the matter, and a 8 statement by the voting member of a conflict of interest shall 9 be conclusive for this purpose. 10 Sec. 482. Section 216A.114, Code 2024, is amended to read 11 as follows: 12 216A.114 Commission powers and duties. 13 The commission shall have the following powers and duties: 14 1. Study the changing needs and opportunities for the deaf 15 and hard-of-hearing people in this state. 16 2. Serve as a liaison between the office department and the 17 public, sharing information and gathering constituency input. 18 3. Recommend to the board for adoption rules pursuant 19 to chapter 17A as it deems necessary for the commission and 20 office. 21 4. Recommend legislative and executive action to the 22 governor and general assembly. 23 5. Establish advisory committees, work groups, or other 24 coalitions as appropriate. 25 6. Advise the utilities board on the planning, 26 establishment, administration, and promotion of a statewide 27 program to provide dual party relay service and to secure, 28 finance, and distribute telecommunications devices for the deaf 29 and hard of hearing pursuant to chapter 477C. 30 Sec. 483. Section 477C.2, Code 2024, is amended to read as 31 follows: 32 477C.2 Definitions. 33 As used in this chapter , unless the context otherwise 34 -203- SF 2385 (4) 90 ss/ns/mb 203/ 235
S.F. 2385 requires: 35 1. “Board” means the utilities board created in section 1 474.1 . 2 2. “Commission” means the commission on deaf services 3 created in section 216A.113. 4 2. 3. “Communication disorder” means the inability to use 5 the telephone for communication without a telecommunications 6 device for the deaf and hard of hearing. 7 3. “Council” means the dual party relay council established 8 in section 477C.5 . 9 4. “Dual party relay service” or “relay service” means a 10 communication service which provides persons with communication 11 disorders access to the telephone system functionally 12 equivalent to the access available to persons without 13 communication disorders. 14 5. “Telecommunications device for the deaf and hard of 15 hearing” means any specialized or supplemental telephone 16 equipment used by persons with communication disorders to 17 provide access to the telephone system. 18 Sec. 484. Section 477C.3, unnumbered paragraph 1, Code 19 2024, is amended to read as follows: 20 With the advice of the council commission , the board shall 21 plan, establish, administer, and promote a statewide program to 22 provide dual party relay service as follows: 23 Sec. 485. Section 477C.4, Code 2024, is amended to read as 24 follows: 25 477C.4 Telecommunications devices for the deaf and hard of 26 hearing. 27 With the advice of the council commission , the board may 28 plan, establish, administer, and promote a program to secure, 29 finance, and distribute telecommunications devices for the 30 deaf and hard of hearing. The board may establish eligibility 31 criteria for persons to receive telecommunications devices 32 for the deaf and hard of hearing, including but not limited 33 to requiring certification that the recipient cannot use the 34 -204- SF 2385 (4) 90 ss/ns/mb 204/ 235
S.F. 2385 telephone for communication without a telecommunications device 35 for the deaf and hard of hearing. 1 Sec. 486. Section 477C.5, subsection 2, paragraph c, Code 2 2024, is amended by striking the paragraph. 3 Sec. 487. Section 622B.4, Code 2024, is amended to read as 4 follows: 5 622B.4 List. 6 The office of deaf services of the department of health and 7 human services shall prepare and continually update a listing 8 of qualified and available sign language interpreters. The 9 courts and administrative agencies shall maintain a directory 10 of qualified interpreters for deaf and hard-of-hearing 11 persons as furnished by the department of health and human 12 services. The office of deaf services of the department 13 of health and human services shall maintain a list of sign 14 language interpreters which shall be made available to a court, 15 administrative agency, or interested parties to an action using 16 the services of a sign language interpreter. 17 Sec. 488. REPEAL. Sections 216A.112 and 477C.5, Code 2024, 18 are repealed. 19 COMMISSION AND OFFICE ON STATUS OF AFRICAN AMERICANS 20 ELIMINATION 21 Sec. 489. REPEAL. Sections 216A.141, 216A.142, 216A.143, 22 and 216A.146, Code 2024, are repealed. 23 COMMISSION AND OFFICE ON ASIAN AND PACIFIC ISLANDERS 24 ELIMINATION 25 Sec. 490. REPEAL. Sections 216A.151, 216A.152, 216A.153, 26 and 216A.154, Code 2024, are repealed. 27 COMMISSION AND OFFICE OF NATIVE AMERICAN AFFAIRS ELIMINATION 28 Sec. 491. Section 216A.167, Code 2024, is amended to read 29 as follows: 30 216A.167 Limitations on authority. 31 1. The commission board and office department shall not have 32 the authority to do any of the following: 33 a. Implement or administer the duties of the state of Iowa 34 -205- SF 2385 (4) 90 ss/ns/mb 205/ 235
S.F. 2385 under the federal Indian Gaming Regulatory Act, shall not have 35 any authority to recommend, negotiate, administer, or enforce 1 any agreement or compact entered into between the state of Iowa 2 and Indian tribes located in the state pursuant to section 3 10A.104 , and shall not have any authority relative to Indian 4 gaming issues. 5 b. Administer the duties of the state under the federal 6 National Historic Preservation Act, the federal Native American 7 Graves Protection and Repatriation Act, and chapter 263B . The 8 commission board shall also not interfere with the advisory 9 role of a separate Indian advisory council or committee 10 established by the state archeologist by rule for the purpose 11 of consultation on matters related to ancient human skeletal 12 remains and associated artifacts. 13 2. This subchapter shall not diminish or inhibit the right 14 of any tribal government to interact directly with the state 15 or any of its departments or agencies for any purpose which a 16 tribal government desires to conduct its business or affairs as 17 a sovereign governmental entity. 18 Sec. 492. REPEAL. Sections 216A.161, 216A.162, 216A.163, 19 216A.165, and 216A.166, Code 2024, are repealed. 20 COMMUNITY ACTION AGENCY COMMISSION ELIMINATION 21 Sec. 493. Section 216A.91, Code 2024, is amended to read as 22 follows: 23 216A.91 Definitions. 24 For purposes of this subchapter , unless the context 25 otherwise requires: 26 1. “Commission” means the commission on community action 27 agencies. 28 2. 1. “Community action agency” means a public agency 29 or a private nonprofit agency which is authorized under its 30 charter or bylaws to receive funds to administer community 31 action programs and is designated by the governor to receive 32 and administer the funds. 33 3. 2. “Community action program” means a program conducted 34 -206- SF 2385 (4) 90 ss/ns/mb 206/ 235
S.F. 2385 by a community action agency which includes projects to provide 35 a range of services to improve the conditions of poverty in the 1 area served by the community action agency. 2 Sec. 494. Section 216A.93, Code 2024, is amended to read as 3 follows: 4 216A.93 Establishment of community action agencies. 5 The department shall recognize and assist in the designation 6 of certain community action agencies to assist in the delivery 7 of community action programs. These programs shall include but 8 not be limited to outreach, community services block grant, 9 low-income energy assistance, and weatherization programs. If 10 a community action agency is in effect and currently serving an 11 area, that community action agency shall become the designated 12 community action agency for that area. If any geographic area 13 of the state ceases to be served by a designated community 14 action agency, the department may solicit applications and 15 assist the governor in designating a community action agency 16 for that area in accordance with current community services 17 block grant requirements. The department shall supervise the 18 collection of data regarding the scope of services provided by 19 the community action agencies. 20 Sec. 495. Section 541A.1, Code 2024, is amended to read as 21 follows: 22 541A.1 Definitions. 23 For the purposes of this chapter , unless the context 24 otherwise requires: 25 1. “Account holder” means an individual who is the owner of 26 an individual development account. 27 2. “Charitable contributor” means a nonprofit association 28 described in section 501(c)(3) of the Internal Revenue Code 29 which makes a deposit to an individual development account 30 and which is exempt from taxation under section 501(a) of the 31 Internal Revenue Code. 32 3. “Commission” means the commission on community action 33 agencies created in section 216A.92A . 34 -207- SF 2385 (4) 90 ss/ns/mb 207/ 235
S.F. 2385 4. 3. “Department” means the department of health and human 35 services. 1 5. 4. “Director” means the director of health and human 2 services. 3 6. 5. “Federal poverty level” means the first poverty 4 income guidelines published in the calendar year by the United 5 States department of health and human services. 6 7. 6. “Financial institution” means a financial institution 7 approved by the director as an investment mechanism for 8 individual development accounts. 9 8. 7. “Household income” means the annual household 10 income of an account holder or prospective account holder, as 11 determined in accordance with rules adopted by the director. 12 9. 8. “Individual contributor” means an individual who 13 makes a deposit to an individual development account and is not 14 the account holder or a charitable contributor. 15 10. 9. “Individual development account” means either of the 16 following: 17 a. A financial instrument that is certified to have the 18 characteristics described in section 541A.2 by the operating 19 organization. 20 b. A financial instrument that is certified by the 21 operating organization to have the characteristics described 22 in and funded by a federal individual development account 23 program under which federal and state funding contributed to 24 match account holder deposits is deposited by an operating 25 organization in accordance with federal law and regulations, 26 and which includes but is not limited to any of the programs 27 implemented under the following federal laws: 28 (1) The federal Personal Responsibility and Work 29 Opportunity Act of 1996, 42 U.S.C. §604(h). 30 (2) The federal Assets for Independence Act, Pub. L. No. 31 105-285, Tit. IV. 32 11. 10. “Operating organization” means an agency selected 33 by the department for involvement in operating individual 34 -208- SF 2385 (4) 90 ss/ns/mb 208/ 235
S.F. 2385 development accounts directed to a specific target population. 35 12. 11. “Source of principal” means any of the sources of 1 a deposit to an individual development account under section 2 541A.2, subsection 2 . 3 Sec. 496. Section 541A.5, subsections 1 and 2, Code 2024, 4 are amended to read as follows: 5 1. The commission department , in consultation with 6 the department of administrative services, shall adopt 7 administrative rules to administer this chapter . 8 2. a. The rules adopted by the commission department 9 shall include but are not limited to provision for transfer 10 of an individual development account to a different financial 11 institution than originally approved by the department, if 12 the different financial institution has an agreement with the 13 account’s operating organization. 14 b. The rules for determining household income may provide 15 categorical eligibility for prospective account holders who are 16 enrolled in programs with income eligibility restrictions that 17 are equal to or less than the maximum household income allowed 18 for payment of a state match under section 541A.3 . 19 c. Subject to the availability of funding, the commission 20 department may adopt rules implementing an individual 21 development account program for refugees. Rules shall identify 22 purposes authorized for withdrawals to meet the special needs 23 of refugee families. 24 Sec. 497. Section 541A.6, Code 2024, is amended to read as 25 follows: 26 541A.6 Compliance with federal requirements. 27 The commission department shall adopt rules for compliance 28 with federal individual development account requirements under 29 the federal Personal Responsibility and Work Opportunity 30 Reconciliation Act of 1996, §103, as codified in 42 U.S.C. 31 §604(h), under the federal Assets for Independence Act, Pub. 32 L. No. 105-285, Tit. IV, or with any other federal individual 33 development account program requirements for drawing federal 34 -209- SF 2385 (4) 90 ss/ns/mb 209/ 235
S.F. 2385 funding. Any rules adopted under this section shall not apply 35 the federal individual development account program requirements 1 to an operating organization which does not utilize federal 2 funding for the accounts with which it is connected or to an 3 account holder who does not receive temporary assistance for 4 needy families block grant or other federal funding. 5 Sec. 498. REPEAL. Sections 216A.92A and 216A.92B, Code 6 2024, are repealed. 7 ELIMINATION OF FAMILY DEVELOPMENT AND SELF-SUFFICIENCY COUNCIL 8 Sec. 499. Section 216A.107, Code 2024, is amended to read 9 as follows: 10 216A.107 Family development and self-sufficiency —— council 11 and grant program. 12 1. A family development and self-sufficiency council is 13 established within the department. The council shall consist 14 of the following persons: 15 a. The director of the department or the director’s 16 designee. 17 b. The director of the school of social work at the 18 university of Iowa or the director’s designee. 19 c. The dean of the college of human sciences at Iowa state 20 university or the dean’s designee. 21 d. Two recipients or former recipients of the family 22 investment program, selected by the other members of the 23 council. 24 e. One recipient or former recipient of the family 25 investment program who is a member of a racial or ethnic 26 minority, selected by the other members of the council. 27 f. One member representing providers of services to victims 28 of domestic violence, selected by the other members of the 29 council. 30 g. The head of the department of design, textiles, 31 gerontology, and family studies at the university of northern 32 Iowa or that person’s designee. 33 h. The director of the department of education or the 34 -210- SF 2385 (4) 90 ss/ns/mb 210/ 235
S.F. 2385 director’s designee. 35 i. The director of the department of workforce development 1 or the director’s designee. 2 j. Two persons representing the business community, selected 3 by the other members of the council. 4 k. Two members from each chamber of the general assembly 5 serving as ex officio, nonvoting members. The two members 6 of the senate shall be appointed one each by the majority 7 leader and the minority leader of the senate. The two 8 members of the house of representatives shall be appointed one 9 each by the speaker and the minority leader of the house of 10 representatives. 11 2. Unless otherwise provided by law, terms of members, 12 election of officers, and other procedural matters shall be 13 as determined by the council. A quorum shall be required for 14 the conduct of business of the council, and the affirmative 15 vote of a majority of the currently appointed voting members 16 is necessary for any substantive action taken by the council. 17 A member shall not vote on any action if the member has a 18 conflict of interest on the matter, and a statement by the 19 member of a conflict of interest shall be conclusive for this 20 purpose. 21 3. 1. The family development and self-sufficiency council 22 on health and human services shall do all of the following: 23 a. Identify the factors and conditions that place Iowa 24 families at risk of dependency upon the family investment 25 program. The council shall seek to use relevant research 26 findings and national and Iowa-specific data on the family 27 investment program. 28 b. Identify the factors and conditions that place Iowa 29 families at risk of family instability. The council shall 30 seek to use relevant research findings and national and 31 Iowa-specific data on family stability issues. 32 c. Subject to the availability of funds for this 33 purpose, award grants to public or private organizations 34 -211- SF 2385 (4) 90 ss/ns/mb 211/ 235
S.F. 2385 for provision of family development services to families at 35 risk of dependency on the family investment program or of 1 family instability. Not more than five percent of any funds 2 appropriated by the general assembly for the purposes of this 3 lettered paragraph may be used for staffing and administration 4 of the grants. Grant proposals for the family development and 5 self-sufficiency grant program shall include the following 6 elements: 7 (1) Designation of families to be served that meet one or 8 more criteria for being at risk of dependency on the family 9 investment program or of family instability, and agreement 10 to serve clients that are referred by the department from 11 the family investment program which meet the criteria. The 12 criteria may include but are not limited to factors such as 13 educational level, work history, family structure, age of the 14 youngest child in the family, previous length of stay on the 15 family investment program, and participation in the family 16 investment program or the foster care program while the head of 17 a household was a child. Grant proposals shall also establish 18 the number of families to be served under the grant. 19 (2) Designation of the services to be provided for 20 the families served, including assistance regarding 21 job-seeking skills, family budgeting, nutrition, self-esteem, 22 methamphetamine education, health and hygiene, child rearing, 23 child education preparation, and goal setting. Grant proposals 24 shall indicate the support groups and support systems to be 25 developed for the families served during the transition between 26 the need for assistance and self-sufficiency. 27 (3) Designation of the manner in which other needs of the 28 families will be provided for, including but not limited to 29 child care assistance, transportation, substance use disorder 30 treatment, support group counseling, food, clothing, and 31 housing. 32 (4) Designation of the process for training of the staff 33 which provides services, and the appropriateness of the 34 -212- SF 2385 (4) 90 ss/ns/mb 212/ 235
S.F. 2385 training for the purposes of meeting family development and 35 self-sufficiency goals of the families being served. 1 (5) Designation of the support available within the 2 community for the program and for meeting subsequent needs of 3 the clients, and the manner in which community resources will 4 be made available to the families being served. 5 (6) Designation of the manner in which the program will be 6 subject to audit and to evaluation. 7 (7) Designation of agreement provisions for tracking and 8 reporting performance measures developed pursuant to paragraph 9 “d” . 10 d. Develop appropriate performance measures for the grant 11 program to demonstrate how the program helps families achieve 12 self-sufficiency. 13 e. Seek to enlist research support from the Iowa research 14 community in meeting the duties outlined in paragraphs “a” 15 through “d” . 16 f. Seek additional support for the funding of grants under 17 the program, including but not limited to funds available 18 through the federal government in serving families at risk of 19 long-term welfare dependency, and private foundation grants. 20 g. Make recommendations to the governor and the general 21 assembly on the effectiveness of programs in Iowa and 22 throughout the country that provide family development services 23 that lead to self-sufficiency for families at risk of welfare 24 dependency. 25 4. 2. a. The department shall administer the family 26 development and self-sufficiency grant program. 27 b. To the extent that the family development and 28 self-sufficiency grant program is funded by the federal 29 temporary assistance for needy families block grant and by the 30 state maintenance of efforts funds appropriated in connection 31 with the block grant, the department shall comply with all 32 federal requirements for the block grant. The department is 33 responsible for payment of any federal penalty imposed that is 34 -213- SF 2385 (4) 90 ss/ns/mb 213/ 235
S.F. 2385 attributable to the grant program and shall receive any federal 35 bonus payment attributable to the grant program. 1 c. The department shall ensure that expenditures of moneys 2 appropriated to the department from the general fund of the 3 state for the family development and self-sufficiency grant 4 program are eligible to be considered as state maintenance of 5 effort expenditures under federal temporary assistance for 6 needy families block grant requirements. 7 d. The department shall consider the recommendations of 8 the council on health and human services in adopting rules 9 pertaining to the grant program. 10 e. The department shall submit to the governor and general 11 assembly on or before November 30 following the end of each 12 state fiscal year, a report detailing performance measure 13 and outcome data evaluating the family development and 14 self-sufficiency grant program for the fiscal year that just 15 ended. 16 DIVISION XIX 17 HAWKI BOARD AND ADVISORY COMMITTEE FOR CHILDREN WITH SPECIAL 18 HEALTH CARE NEEDS ELIMINATION 19 Sec. 500. Section 249A.4B, subsection 2, paragraph b, Code 20 2024, is amended to read as follows: 21 b. The council shall include all of the following nonvoting 22 members: 23 (1) The director’s designee responsible for public health 24 or their designee. 25 (2) The long-term care ombudsman, or the long-term care 26 ombudsman’s designee. 27 (3) The dean of Des Moines university college of osteopathic 28 medicine, or the dean’s designee. 29 (4) The dean of the university of Iowa college of medicine, 30 or the dean’s designee. 31 (5) A member of the Hawki board created in section 514I.5 , 32 selected by the members of the Hawki board. 33 (6) (5) The following members of the general assembly, each 34 -214- SF 2385 (4) 90 ss/ns/mb 214/ 235
S.F. 2385 for a term of two years as provided in section 69.16B : 35 (a) Two members of the house of representatives, one 1 appointed by the speaker of the house of representatives 2 and one appointed by the minority leader of the house of 3 representatives from their respective parties. 4 (b) Two members of the senate, one appointed by the 5 president of the senate after consultation with the majority 6 leader of the senate and one appointed by the minority leader 7 of the senate. 8 Sec. 501. Section 514I.1, subsection 2, Code 2024, is 9 amended to read as follows: 10 2. It is the intent of the general assembly that the program 11 be implemented and administered in compliance with Tit. XXI 12 of the federal Social Security Act. If, as a condition of 13 receiving federal funds for the program, federal law requires 14 implementation and administration of the program in a manner 15 not provided in this chapter , during a period when the general 16 assembly is not in session, the department, with the approval 17 of the Hawki board medical assistance advisory council , shall 18 proceed to implement and administer those provisions, subject 19 to review by the next regular session of the general assembly. 20 Sec. 502. Section 514I.2, Code 2024, is amended to read as 21 follows: 22 514I.2 Definitions. 23 As used in this chapter , unless the context otherwise 24 requires: 25 1. “Benchmark benefit package” means any of the following: 26 a. The standard blue cross/blue shield preferred provider 27 option service benefit plan, described in and offered under 5 28 U.S.C. §8903(1). 29 b. A health benefits coverage plan that is offered and 30 generally available to state employees in this state. 31 c. The plan of a health maintenance organization as defined 32 in 42 U.S.C. §300e, with the largest insured commercial, 33 nonmedical assistance enrollment of covered lives in the state. 34 -215- SF 2385 (4) 90 ss/ns/mb 215/ 235
S.F. 2385 2. “Cost sharing” means the payment of a premium or 35 copayment as provided for by Tit. XXI of the federal Social 1 Security Act and section 514I.10 . 2 3. “Department” means the department of health and human 3 services. 4 4. “Director” means the director of health and human 5 services. 6 5. “Eligible child” means an individual who meets the 7 criteria for participation in the program under section 514I.8 . 8 6. “Hawki board” or “board” means the entity which adopts 9 rules and establishes policy for, and directs the department 10 regarding, the Hawki program. 11 7. 6. “Hawki program” or “program” means the healthy and 12 well kids in Iowa program created in this chapter to provide 13 health insurance coverage to eligible children. 14 8. 7. “Health insurance coverage” means health insurance 15 coverage as defined in 42 U.S.C. §300gg-91. 16 8. “Medical assistance advisory council” or “advisory 17 council” means the medical assistance advisory council created 18 in section 249A.4B. 19 9. “Participating insurer” means any of the following: 20 a. An entity licensed by the division of insurance 21 of the department of insurance and financial services to 22 provide health insurance in Iowa that has contracted with the 23 department to provide health insurance coverage to eligible 24 children under this chapter . 25 b. A managed care organization acting pursuant to a contract 26 with the department to administer the Hawki program. 27 10. “Qualified child health plan” or “plan” means health 28 insurance coverage provided by a participating insurer under 29 this chapter . 30 Sec. 503. Section 514I.4, Code 2024, is amended to read as 31 follows: 32 514I.4 Director and department —— duties —— powers. 33 1. The director, with the approval of the Hawki board 34 -216- SF 2385 (4) 90 ss/ns/mb 216/ 235
S.F. 2385 medical assistance advisory council , shall implement this 35 chapter . The director shall do all of the following: 1 a. At least every six months, evaluate the scope of the 2 program currently being provided under this chapter , project 3 the probable cost of continuing the program, and compare 4 the probable cost with the remaining balance of the state 5 appropriation made for payment of assistance under this chapter 6 during the current appropriation period. The director shall 7 report the findings of the evaluation to the board advisory 8 council and shall annually report findings to the governor and 9 the general assembly by January 1. 10 b. Establish premiums to be paid to participating insurers 11 for provision of health insurance coverage. 12 c. Contract with participating insurers to provide health 13 insurance coverage under this chapter . 14 d. Recommend to the board advisory council proposed rules 15 necessary to implement the program. 16 e. Recommend to the board individuals to serve as members of 17 the clinical advisory committee. 18 2. a. The director, with the approval of the board advisory 19 council , may contract with participating insurers to provide 20 dental-only services. 21 b. The director, with the approval of the board advisory 22 council , may contract with participating insurers to provide 23 the supplemental dental-only coverage to otherwise eligible 24 children who have private health care coverage as specified in 25 the federal Children’s Health Insurance Program Reauthorization 26 Act of 2009, Pub. L. No. 111-3. 27 3. The department may enter into contracts with other 28 persons whereby the other person provides some or all of the 29 functions, pursuant to rules adopted by the board advisory 30 council , which are required of the director or the department 31 under this section . All contracts entered into pursuant to 32 this section shall be made available to the public. 33 4. The department shall do or shall provide for all of the 34 -217- SF 2385 (4) 90 ss/ns/mb 217/ 235
S.F. 2385 following: 35 a. Determine eligibility for program enrollment as 1 prescribed by federal law and regulation, using policies and 2 procedures adopted by rule of the department pursuant to 3 chapter 17A . The department shall not enroll a child who has 4 group health coverage unless expressly authorized by such 5 rules. 6 b. Enroll qualifying children in the program with 7 maintenance of a supporting eligibility file or database. 8 c. Utilize the department’s eligibility system to maintain 9 eligibility files with pertinent eligibility determination and 10 ongoing enrollment information including but not limited to 11 data regarding beneficiaries, enrollment dates, disenrollments, 12 and annual financial redeterminations. 13 d. Provide for administrative oversight and monitoring of 14 federal requirements. 15 e. Perform annual financial reviews of eligibility for each 16 beneficiary. 17 f. Collect and track monthly family premiums to assure that 18 payments are current. 19 g. Notify each participating insurer of new program 20 enrollees who are enrolled by the department in that 21 participating insurer’s plan. 22 h. Verify the number of program enrollees with each 23 participating insurer for determination of the amount of 24 premiums to be paid to each participating insurer. 25 i. Maintain data for the purpose of quality assurance 26 reports as required by rule of the board advisory council . 27 j. (1) Establish the family cost sharing amounts for 28 children of families with incomes of one hundred fifty percent 29 or more but not exceeding two hundred percent of the federal 30 poverty level, of not less than ten dollars per individual 31 and twenty dollars per family, if not otherwise prohibited by 32 federal law, with the approval of the board advisory council . 33 (2) Establish for children of families with incomes 34 -218- SF 2385 (4) 90 ss/ns/mb 218/ 235
S.F. 2385 exceeding two hundred percent but not exceeding three hundred 35 percent of the federal poverty level, family cost sharing 1 amounts, and graduated premiums based on a rationally developed 2 sliding fee schedule, in accordance with federal law, with the 3 approval of the board advisory council . 4 k. Perform annual, random reviews of enrollee applications 5 to ensure compliance with program eligibility and enrollment 6 policies. Quality assurance reports shall be made to the 7 board advisory council based upon the data maintained by the 8 department. 9 l. Perform other duties as determined by the board advisory 10 council . 11 Sec. 504. Section 514I.5, Code 2024, is amended to read as 12 follows: 13 514I.5 Hawki board Medical assistance advisory council —— 14 duties . 15 1. A Hawki board for the Hawki program is established. The 16 board shall meet not less than six and not more than twelve 17 times annually, for the purposes of establishing medical 18 assistance advisory council shall establish policy for, 19 directing direct the department on, and adopting adopt rules 20 for the Hawki program. The board shall consist of seven voting 21 members and four ex officio, nonvoting members, including all 22 of the following: 23 a. The commissioner of insurance, or the commissioner’s 24 designee. 25 b. The director of the department of education, or the 26 director’s designee. 27 c. The director of health and human services, or the 28 director’s designee. 29 d. Four public members appointed by the governor and 30 subject to confirmation by the senate. The public members 31 shall be members of the general public who have experience, 32 knowledge, or expertise in the subject matter embraced within 33 this chapter . 34 -219- SF 2385 (4) 90 ss/ns/mb 219/ 235
S.F. 2385 e. Two members of the senate and two members of the house of 35 representatives, serving as ex officio, nonvoting members. The 1 legislative members of the board shall be appointed one each 2 by the majority leader of the senate, after consultation with 3 the president of the senate, and by the minority leader of the 4 senate, and by the speaker of the house of representatives, 5 after consultation with the majority leader of the house of 6 representatives, and by the minority leader of the house 7 of representatives. Legislative members shall receive 8 compensation pursuant to section 2.12 . 9 2. Members appointed by the governor shall serve two-year 10 staggered terms as designated by the governor, and legislative 11 members of the board shall serve two-year terms. The filling 12 of positions reserved for the public representatives, 13 vacancies, membership terms, payment of compensation and 14 expenses, and removal of the members are governed by chapter 15 69 . Members of the board are entitled to receive reimbursement 16 of actual expenses incurred in the discharge of their duties. 17 Public members of the board are also eligible to receive 18 compensation as provided in section 7E.6 . A majority of the 19 voting members constitutes a quorum and the affirmative vote 20 of a majority of the voting members is necessary for any 21 substantive action to be taken by the board. The members 22 shall select a chairperson on an annual basis from among the 23 membership of the board. 24 3. 2. The board advisory council shall approve any contract 25 entered into pursuant to this chapter . All contracts entered 26 into pursuant to this chapter shall be made available to the 27 public. 28 4. The department shall act as support staff to the board. 29 5. The board may receive and accept grants, loans, or 30 advances of funds from any person and may receive and accept 31 from any source contributions of money, property, labor, or any 32 other thing of value, to be held, used, and applied for the 33 purposes of the program. 34 -220- SF 2385 (4) 90 ss/ns/mb 220/ 235
S.F. 2385 6. 3. The Hawki board medical assistance advisory council 35 shall do all of the following: 1 a. Define, in consultation with the department, the regions 2 of the state for which plans are offered in a manner as to 3 ensure access to services for all children participating in the 4 program. 5 b. Approve the benefit package design, review the benefit 6 package design on a periodic basis, and make necessary changes 7 in the benefit design to reflect the results of the periodic 8 reviews. 9 c. Develop, with the assistance of the department, an 10 outreach plan, and provide for periodic assessment of the 11 effectiveness of the outreach plan. The plan shall provide 12 outreach to families of children likely to be eligible 13 for assistance under the program, to inform them of the 14 availability of and to assist the families in enrolling 15 children in the program. The outreach efforts may include, but 16 are not limited to, solicitation of cooperation from programs, 17 agencies, and other persons who are likely to have contact 18 with eligible children, including but not limited to those 19 associated with the educational system, and the development 20 of community plans for outreach and marketing. Other state 21 agencies shall assist the department in data collection related 22 to outreach efforts to potentially eligible children and their 23 families. 24 d. In consultation with the clinical advisory committee, 25 assess the initial health status of children participating in 26 the program, establish a baseline for comparison purposes, and 27 develop appropriate indicators to measure the subsequent health 28 status of children participating in the program. 29 e. Review, in consultation with the department, and take 30 necessary steps to improve interaction between the program and 31 other public and private programs which provide services to the 32 population of eligible children. 33 f. By January 1, annually, prepare, with the assistance 34 -221- SF 2385 (4) 90 ss/ns/mb 221/ 235
S.F. 2385 of the department, and submit a report to the governor, the 35 general assembly, and the council on health and human services, 1 concerning the board’s advisory council’s activities, findings, 2 and recommendations. 3 g. Solicit input from the public regarding the program and 4 related issues and services. 5 h. Establish and consult with a clinical advisory committee 6 to make recommendations to the board regarding the clinical 7 aspects of the Hawki program. 8 i. Prescribe the elements to be included in a health 9 improvement program plan required to be developed by a 10 participating insurer. The elements shall include but are not 11 limited to health maintenance and prevention and health risk 12 assessment. 13 j. Establish an advisory committee to make Make 14 recommendations to the board and to the general assembly 15 by January 1 annually concerning the provision of health 16 insurance coverage to children with special health care needs. 17 The committee shall include individuals with experience in, 18 knowledge of, or expertise in this area. The recommendations 19 shall address, but are not limited to, all of the following: 20 (1) The definition of the target population of children 21 with special health care needs for the purposes of determining 22 eligibility under the program. 23 (2) Eligibility options for and assessment of children with 24 special health care needs for eligibility. 25 (3) Benefit options for children with special health care 26 needs. 27 (4) Options for enrollment of children with special health 28 care needs in and disenrollment of children with special health 29 care needs from qualified child health plans utilizing a 30 capitated fee form of payment. 31 (5) The appropriateness and quality of care for children 32 with special health care needs. 33 (6) The coordination of health services provided for 34 -222- SF 2385 (4) 90 ss/ns/mb 222/ 235
S.F. 2385 children with special health care needs under the program with 35 services provided by other publicly funded programs. 1 k. Develop options and recommendations to allow children 2 eligible for the Hawki program to participate in qualified 3 employer-sponsored health plans through a premium assistance 4 program. The options and recommendations shall ensure 5 reasonable alignment between the benefits and costs of 6 the Hawki program and the employer-sponsored health plans 7 consistent with federal law. In addition, the board advisory 8 council shall implement the premium assistance program options 9 described under the federal Children’s Health Insurance Program 10 Reauthorization Act of 2009, Pub. L. No. 111-3, for the Hawki 11 program. 12 7. 4. The Hawki board medical assistance advisory council , 13 in consultation with the department, shall adopt rules 14 which address, but are not limited to addressing, all of the 15 following: 16 a. Implementation and administration of the program. 17 b. Qualifying standards for selecting participating insurers 18 for the program. 19 c. The benefits to be included in a qualified child health 20 plan which are those included in a benchmark or benchmark 21 equivalent plan and which comply with Tit. XXI of the federal 22 Social Security Act. Benefits covered shall include but are 23 not limited to all of the following: 24 (1) Inpatient hospital services including medical, 25 surgical, intensive care unit, mental health, and substance use 26 disorder services. 27 (2) Nursing care services including skilled nursing 28 facility services. 29 (3) Outpatient hospital services including emergency room, 30 surgery, lab, and x-ray services and other services. 31 (4) Physician services, including surgical and medical, and 32 including office visits, newborn care, well-baby and well-child 33 care, immunizations, urgent care, specialist care, allergy 34 -223- SF 2385 (4) 90 ss/ns/mb 223/ 235
S.F. 2385 testing and treatment, mental health visits, and substance use 35 disorder visits. 1 (5) Ambulance services. 2 (6) Physical therapy. 3 (7) Speech therapy. 4 (8) Durable medical equipment. 5 (9) Home health care. 6 (10) Hospice services. 7 (11) Prescription drugs. 8 (12) Dental services including preventive services. 9 (13) Medically necessary hearing services. 10 (14) Vision services including corrective lenses. 11 (15) Translation and interpreter services as specified 12 pursuant to the federal Children’s Health Insurance Program 13 Reauthorization Act of 2009, Pub. L. No. 111-3. 14 (16) Chiropractic services. 15 (17) Occupational therapy. 16 d. Presumptive eligibility criteria for the program. 17 Beginning January 1, 2010, presumptive Presumptive eligibility 18 shall be provided for eligible children. 19 e. The amount of any cost sharing under the program which 20 shall be assessed based on family income and which complies 21 with federal law. 22 f. The reasons for disenrollment including, but not limited 23 to, nonpayment of premiums, eligibility for medical assistance 24 or other insurance coverage, admission to a public institution, 25 relocation from the area, and change in income. 26 g. Conflict of interest provisions applicable to 27 participating insurers and between public members of the board 28 advisory council and participating insurers. 29 h. Penalties for breach of contract or other violations of 30 requirements or provisions under the program. 31 i. A mechanism for participating insurers to report any 32 rebates received to the department. 33 j. The data to be maintained by the department including 34 -224- SF 2385 (4) 90 ss/ns/mb 224/ 235
S.F. 2385 data to be collected for the purposes of quality assurance 35 reports. 1 k. The use of provider guidelines in assessing the 2 well-being of children, which may include the use of the bright 3 futures for infants, children, and adolescents program as 4 developed by the federal maternal and child health bureau and 5 the American academy of pediatrics guidelines for well-child 6 care. 7 8. 5. a. The Hawki board medical assistance advisory 8 council may provide approval to the director to contract with 9 participating insurers to provide dental-only services. In 10 determining whether to provide such approval to the director, 11 the board advisory council shall take into consideration the 12 impact on the overall program of single source contracting for 13 dental services. 14 b. The Hawki board medical assistance advisory council may 15 provide approval to the director to contract with participating 16 insurers to provide the supplemental dental-only coverage 17 to otherwise eligible children who have private health 18 care coverage as specified in the federal Children’s Health 19 Insurance Program Reauthorization Act of 2009, Pub. L. No. 20 111-3. 21 9. 6. The Hawki board medical assistance advisory 22 council shall monitor the capacity of Medicaid managed 23 care organizations acting pursuant to a contract with the 24 department to administer the Hawki program to specifically 25 and appropriately address the unique needs of children and 26 children’s health delivery. 27 Sec. 505. Section 514I.6, subsection 4, paragraph d, Code 28 2024, is amended to read as follows: 29 d. Other information as directed by the board advisory 30 council . 31 Sec. 506. Section 514I.6, subsection 5, Code 2024, is 32 amended to read as follows: 33 5. Submit a plan for a health improvement program to the 34 -225- SF 2385 (4) 90 ss/ns/mb 225/ 235
S.F. 2385 department, for approval by the board advisory council . 35 Sec. 507. Section 514I.8, subsection 2, paragraph e, Code 1 2024, is amended to read as follows: 2 e. Is not currently covered under a group health plan as 3 defined in 42 U.S.C. §300gg-91(a)(1) unless allowed by rule of 4 the board advisory council . 5 Sec. 508. Section 514I.8, subsection 3, Code 2024, is 6 amended to read as follows: 7 3. In accordance with the rules adopted by the board 8 advisory council , a child may be determined to be presumptively 9 eligible for the program pending a final eligibility 10 determination. Following final determination of eligibility, 11 a child shall be eligible for a twelve-month period. At the 12 end of the twelve-month period, a review of the circumstances 13 of the child’s family shall be conducted to establish 14 eligibility and cost sharing for the subsequent twelve-month 15 period. Pending such review of the circumstances of the 16 child’s family, the child shall continue to be eligible for 17 and remain enrolled in the same plan if the family complies 18 with requirements to provide information and verification of 19 income, otherwise cooperates in the annual review process, 20 and submits the completed review form and any information 21 necessary to establish continued eligibility in a timely manner 22 in accordance with administrative rules. 23 Sec. 509. Section 514I.9, subsection 1, Code 2024, is 24 amended to read as follows: 25 1. The Hawki board advisory council shall review the 26 benefits package annually and shall determine additions to 27 or deletions from the benefits package offered. The Hawki 28 board advisory council shall submit the recommendations to the 29 general assembly for any amendment to the benefits package. 30 DIVISION XX 31 AUTISM COUNCIL ELIMINATION AND CREATION OF IOWA SPECIAL 32 EDUCATION COUNCIL 33 Sec. 510. NEW SECTION . 256.35B Iowa special education 34 -226- SF 2385 (4) 90 ss/ns/mb 226/ 235
S.F. 2385 council. 35 1. An Iowa special education council is created to act in an 1 advisory capacity to the department in promoting, directing, 2 and supervising education for children requiring special 3 education in the schools under the supervision and control of 4 the department. 5 2. The council shall consist of seven voting members 6 appointed by the governor and confirmed by the senate. Each of 7 the following shall be represented among the voting members: 8 a. One member who is a parent or guardian of a student who 9 has a disability in obtaining an education because of autism. 10 b. One member who is a parent or guardian of a student 11 who has a disability in obtaining an education because of a 12 behavioral disorder. 13 c. One member who is a parent or guardian of a student who 14 has a disability in obtaining an education because of physical 15 disability. 16 d. One member who is a parent or guardian of a student who 17 has a disability in obtaining an education because of mental 18 learning disability or head injury. 19 e. One member who is a parent or guardian of a student 20 who has a disability in obtaining an education because of a 21 communication learning disability. 22 f. One member who is a parent or guardian of a student who 23 has a disability in obtaining an education because of dyslexia. 24 g. One member who is a special education teacher. 25 3. Voting members shall serve three-year terms beginning 26 and ending as provided in section 69.19, and appointments shall 27 comply with section 69.16. Vacancies on the council shall 28 be filled in the same manner as the original appointment. A 29 person appointed to fill a vacancy shall serve only for the 30 unexpired portion of the term. Public members shall receive 31 reimbursement for actual expenses incurred while serving in 32 their official capacity and may also be eligible to receive 33 compensation as provided in section 7E.6. 34 -227- SF 2385 (4) 90 ss/ns/mb 227/ 235
S.F. 2385 4. The council shall elect a chairperson from its voting 35 members annually. A majority of the voting members of the 1 council shall constitute a quorum. 2 5. The department shall convene and provide administrative 3 support to the council. 4 Sec. 511. REPEAL. Section 256.35A, Code 2024, is repealed. 5 Sec. 512. EFFECTIVE DATE. This division of this Act takes 6 effect July 1, 2025. 7 DIVISION XXI 8 PROFESSIONAL LAND SURVEYORS —— LICENSING 9 Sec. 513. Section 542B.20, subsection 1, Code 2024, is 10 amended to read as follows: 11 1. a. A person holding a certificate of licensure as a 12 professional engineer or professional land surveyor issued to 13 the person by a proper authority of a state, territory, or 14 possession of the United States, the District of Columbia, 15 or of any foreign country, based on requirements and 16 qualifications, in the opinion of the board equal to or higher 17 than the requirements of this chapter , may be licensed without 18 further examination , except as provided in paragraph “b” . 19 b. A person shall not be licensed as a professional 20 land surveyor under this subsection unless the person 21 passes an examination specific to the laws of this state. 22 Notwithstanding section 272C.12, subsection 3, paragraph 23 “c” , a person shall not be issued a temporary license as a 24 professional land surveyor. 25 Sec. 514. TRANSITION PROVISIONS. 26 1. A temporary license to practice professional land 27 surveying issued pursuant to section 272C.12, subsection 3, 28 paragraph “c”, prior to the effective date of this division 29 of this Act shall continue in full force and effect until 30 expiration or until suspension or revocation by the engineering 31 and land surveying examining board pursuant to section 542B.21. 32 2. A license issued to a professional land surveyor pursuant 33 to section 542B.20, Code 2024, prior to the effective date of 34 -228- SF 2385 (4) 90 ss/ns/mb 228/ 235
S.F. 2385 this division of this Act shall continue in full force and 35 effect until expiration or until suspension or revocation by 1 the engineering and land surveying examining board pursuant to 2 section 542B.21. 3 DIVISION XXII 4 MIDWIFERY ADVISORY COUNCIL 5 Sec. 515. Section 148I.7, Code 2024, is amended by adding 6 the following new subsection: 7 NEW SUBSECTION . 4. This section is repealed July 1, 2026. 8 DIVISION XXIII 9 MISSISSIPPI RIVER PARKWAY COMMISSION 10 Sec. 516. Section 308.1, subsection 1, Code 2024, is amended 11 to read as follows: 12 1. The Mississippi river parkway planning commission shall 13 must be composed of ten members appointed by the governor, 14 five members to be appointed for two-year terms beginning 15 July 1, 1959, and five members to be appointed including one 16 member each from Allamakee county, Clayton county, Clinton 17 county, Des Moines county, Dubuque county, Jackson county, Lee 18 county, Louisa county, Muscatine county, and Scott county, 19 for four-year terms beginning July 1, 1959 . In addition to 20 the above members there shall must be seven four advisory ex 21 officio members who shall be as follows: 22 a. One member from the state department of transportation 23 commission . 24 b. One member from the natural resource commission. 25 c. One member from the state soil conservation and water 26 quality committee. One member from the economic development 27 authority, whose primary responsibility includes tourism under 28 section 15.108, subsection 5. 29 d. One member from the state historical society of Iowa. 30 e. One member from the faculty of the landscape 31 architectural division of the Iowa state university of science 32 and technology. 33 f. One member from the economic development authority. 34 -229- SF 2385 (4) 90 ss/ns/mb 229/ 235
S.F. 2385 g. One member from the environmental protection commission. 35 Sec. 517. Section 308.1, Code 2024, is amended by adding the 1 following new subsections: 2 NEW SUBSECTION . 1A. The parkway commission shall submit a 3 report regarding the economic impact of the great river road 4 on this state on or before December 15 each year to the general 5 assembly and to the governor. 6 NEW SUBSECTION . 1B. The parkway commission may establish a 7 technical committee to advise the commission. If established, 8 members of the committee must include at least one person 9 each from the departments of transportation and agriculture 10 and land stewardship, from the consumer protection division 11 of the office of the attorney general, and from the economic 12 development authority, designated by the applicable head of the 13 entity. The commission may request any other state agency to 14 designate an employee to serve on the committee. 15 DIVISION XXIV 16 TRANSITION PROVISIONS 17 Sec. 518. TRANSITION PROVISIONS. 18 1. A rule adopted by a government body eliminated in this 19 Act that is in force and effect immediately prior to the 20 effective date of this division of this Act shall continue in 21 full force and effect until the earlier of the following: 22 a. The rule is amended, rescinded, or supplemented by 23 the affirmative action of the board of behavioral health 24 professionals, board of building and construction occupations, 25 board of pharmacy, state historical society board of trustees, 26 board of education, employment appeal board, economic 27 development authority board, human rights board, or the 28 government body under which the former government body was 29 organized. 30 b. The rule expires by its own terms. 31 2. Any license or permit issued by a government body 32 eliminated in this Act in effect on the effective date of this 33 division of this Act shall continue in full force and effect 34 -230- SF 2385 (4) 90 ss/ns/mb 230/ 235
S.F. 2385 until expiration or renewal. 35 3. a. Any moneys in any account or fund of, and all client 1 and organizational files in the possession of, the boards 2 of behavioral science, psychology, or social work shall be 3 transferred to the control of the board of behavioral health 4 professionals. 5 b. Any moneys in any account or fund of, and all client and 6 organizational files in the possession of, the state building 7 code board of review, electrical examining board, or plumbing 8 and mechanical systems board shall be transferred to the 9 control of the board of building and construction occupations. 10 c. Any moneys in any account or fund of, and all client and 11 organizational files in the possession of, the prescription 12 monitoring program advisory council shall be transferred to the 13 control of the board of pharmacy. 14 d. Any moneys in any account or fund of, and all client and 15 organizational files in the possession of, the secondary road 16 fund distribution committee shall be transferred to the control 17 of the state transportation commission. 18 e. Any moneys in any account or fund of, and all client and 19 organizational files in the possession of, the state historical 20 records advisory board shall be transferred to the control of 21 the board of trustees of the state historical society. 22 f. Any moneys in any account or fund of, and all client and 23 organizational files in the possession of, the state board of 24 preserves or farmer advisory committee shall be transferred to 25 the control of the natural resource commission. 26 g. Any moneys in any account or fund of, and all client 27 and organizational files in the possession of, the community 28 college council or nonpublic school advisory committee shall be 29 transferred to the control of the board of education. 30 h. Any moneys in any account or fund of, and all client 31 and organizational files in the possession of, the public 32 employment relations board shall be transferred to the control 33 of the employment appeal board. 34 -231- SF 2385 (4) 90 ss/ns/mb 231/ 235
S.F. 2385 i. Any moneys in any account or fund of, and all client 35 and organizational files in the possession of, the enhance 1 Iowa board shall be transferred to the control of the economic 2 development authority board. 3 j. Any moneys in any account or fund of, and all client and 4 organizational files in the possession of, the advisory council 5 on brain injuries, children’s behavioral health system state 6 board, congenital and inherited disorders advisory committee, 7 emergency medical services advisory council, family development 8 and self-sufficiency council, justice advisory board, trauma 9 system advisory council, or Iowa collaboration for youth 10 development council shall be transferred to the control of the 11 council on health and human services. 12 k. Any moneys in any account or fund of, and all client 13 and organizational files in the possession of, the commissions 14 on the status of African Americans or the status of women, 15 the commissions of Asian and Pacific Islanders, persons with 16 disabilities, or Native Americans, or the Latino affairs 17 commission shall be transferred to the control of the human 18 rights board. 19 l. Any moneys in any account or fund of, and all client and 20 organizational files in the possession of, the healthy and well 21 kids in Iowa board or advisory committee shall be transferred 22 to the control of the medical assistance advisory council. 23 m. Any moneys in any account or fund of, and all client and 24 organizational files in the possession of, the dual party relay 25 council shall be transferred to the control of the commission 26 of deaf services. 27 n. Any moneys in any account or fund of, and all client and 28 organizational files in the possession of, any other board, 29 council, committee, or commission eliminated in this Act shall 30 be transferred to the control of the state agency or department 31 under which the board, council, committee, or commission was 32 organized. 33 4. a. Any cause of action, statute of limitation, or 34 -232- SF 2385 (4) 90 ss/ns/mb 232/ 235
S.F. 2385 administrative action relating to or initiated by the boards 35 of behavioral science, psychology, or social work shall not be 1 affected as a result of this Act and shall apply to the board of 2 behavioral health professionals. 3 b. Any cause of action, statute of limitation, or 4 administrative action relating to or initiated by the state 5 building code board of review, electrical examining board, or 6 plumbing and mechanical systems board shall not be affected as 7 a result of this Act and shall apply to the board of building 8 and construction occupations. 9 c. Any cause of action, statute of limitation, or 10 administrative action relating to or initiated by the 11 prescription monitoring program advisory council shall not be 12 affected as a result of this Act and shall apply to the board 13 of pharmacy. 14 d. Any cause of action, statute of limitation, or 15 administrative action relating to or initiated by the secondary 16 road fund distribution committee shall not be affected as a 17 result of this Act and shall apply to the state transportation 18 commission. 19 e. Any cause of action, statute of limitation, or 20 administrative action relating to or initiated by the state 21 historical records advisory board shall not be affected as a 22 result of this Act and shall apply to the board of trustees of 23 the state historical society. 24 f. Any cause of action, statute of limitation, or 25 administrative action relating to or initiated by the state 26 board of preserves or farmer advisory committee shall not be 27 affected as a result of this Act and shall apply to the natural 28 resource commission. 29 g. Any cause of action, statute of limitation, or 30 administrative action relating to or initiated by the community 31 college council or nonpublic school advisory committee shall 32 not be affected as a result of this Act and shall apply to the 33 board of education. 34 -233- SF 2385 (4) 90 ss/ns/mb 233/ 235
S.F. 2385 h. Any cause of action, statute of limitation, or 35 administrative action relating to or initiated by the public 1 employment relations board shall not be affected as a result of 2 this Act and shall apply to the employment appeal board. 3 i. Any cause of action, statute of limitation, or 4 administrative action relating to or initiated by the enhance 5 Iowa board shall not be affected as a result of this Act and 6 shall apply to the economic development authority board. 7 j. Any cause of action, statute of limitation, or 8 administrative action relating to or initiated by the advisory 9 council on brain injuries, children’s behavioral health system 10 state board, congenital and inherited disorders advisory 11 committee, emergency medical services advisory council, family 12 development and self-sufficiency council, justice advisory 13 board, trauma system advisory council, or Iowa collaboration 14 for youth development council shall not be affected as a result 15 of this Act and shall apply to the council on health and human 16 services. 17 k. Any cause of action, statute of limitation, or 18 administrative action relating to or initiated by the 19 commissions on the status of African Americans or the status of 20 women, the commissions of Asian and Pacific Islanders, persons 21 with disabilities, or Native Americans, or the Latino affairs 22 commission shall not be affected as a result of this Act and 23 shall apply to the human rights board. 24 l. Any cause of action, statute of limitation, or 25 administrative action relating to or initiated by the healthy 26 and well kids in Iowa board or advisory committee shall not be 27 affected as a result of this Act and shall apply to the medical 28 assistance advisory council. 29 m. Any cause of action, statute of limitation, or 30 administrative action relating to or initiated by the dual 31 party relay council shall not be affected as a result of this 32 Act and shall apply to the commission of deaf services. 33 n. Any cause of action, statute of limitation, or 34 -234- SF 2385 (4) 90 ss/ns/mb 234/ 235
S.F. 2385 administrative action relating to or initiated by any other 35 board, council, committee, or commission eliminated in this Act 1 shall not be affected as a result of this Act and shall apply to 2 the state agency or department under which the board, council, 3 committee, or commission was organized. 4 5. Any personnel in the state merit system of employment 5 who are mandatorily transferred due to the effect of this Act 6 shall be so transferred without any loss in salary, benefits, 7 or accrued years of service. 8 6. a. Except as otherwise provided, nothing in this Act 9 shall affect the appointment or any term of office of a member 10 of any board, council, commission, committee, or other similar 11 entity of the state established by the Code prior to the 12 effective date of this division of this Act. 13 b. Notwithstanding any other provision to the contrary 14 in this Act, the terms of all members serving on any board, 15 council, commission, committee, or other similar entity merged, 16 consolidated, or eliminated by this Act, or any such entity 17 with fewer members or reduced term lengths for current members 18 resulting from the provisions of this Act, shall terminate on 19 the effective date of this division of this Act. 20 c. Except for those boards, councils, commissions, 21 committees, or other similar entities eliminated by this Act, 22 the governor or other appointing or designating authority shall 23 appoint or designate new members to the boards, councils, 24 commissions, committees, or other similar entities provided 25 for in this subsection on or before the effective date of this 26 division of this Act. The governor or other appointing or 27 designating authority shall determine the length of the initial 28 terms of office for each respective position, but in any event 29 shall stagger such terms, beginning and ending as otherwise 30 provided by law. 31 -235- SF 2385 (4) 90 ss/ns/mb 235/ 235
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