Bill Text: IA HF2574 | 2023-2024 | 90th General Assembly | Introduced

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Bill Title: A bill for an act relating to boards, commissions, committees, councils, and other entities of state government, and including transition provisions.(Formerly HSB 710.)

Spectrum: Committee Bill

Status: (Introduced) 2024-04-16 - Withdrawn. H.J. 815. [HF2574 Detail]

Download: Iowa-2023-HF2574-Introduced.html

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House File 2574 - Introduced
HOUSE FILE 2574
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HSB 710)
A BILL FOR
An Act relating to boards, commissions, committees, councils,
and other entities of state government, and including
transition provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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DIVISION I
CAPITOL PLANNING COMMISSION
Section 1. Section 2.43, subsections 1 and 2, Code 2024, are
amended to read as follows:
1. The legislative council , in cooperation with the
officers of the senate and house , shall have the duty and
responsibility for preparing for each session of the general
assembly. Pursuant to such duty and responsibility, the
legislative council shall assign the use of areas in the
state capitol except for the areas used by the governor as
of January 1, 1986, and, in consultation with the director
of the department of administrative services and the capitol
planning commission , may assign areas in other state office
buildings, except for the judicial branch building, for use of
the general assembly or legislative agencies. The legislative
council shall provide the courts with use of space in the state
capitol for ceremonial purposes. The legislative council
may authorize the renovation, remodeling , and preparation of
the physical facilities used or to be used by the general
assembly or legislative agencies subject to the jurisdiction
of the legislative council and award contracts pursuant to
such authority to carry out such preparation. The legislative
council may purchase supplies and equipment deemed necessary
for the proper functioning of the legislative branch of
government.
2. In carrying out its duties under this section , the
legislative council shall consult with the director of the
department of administrative services and the capitol planning
commission , but shall not be bound by any decision of the
director in respect to the responsibilities and duties provided
for in this section . The legislative council may direct the
director of the department of administrative services or other
state employees to carry out its directives in regard to the
physical facilities of the general assembly, or may employ
other personnel to carry out such functions.
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Sec. 2. Section 8A.111, subsection 4, Code 2024, is amended
by striking the subsection.
Sec. 3. Section 8A.373, Code 2024, is amended to read as
follows:
8A.373 Duties —— report to legislature general assembly .
1. It shall be the duty of the commission department to
advise upon the location of statues, fountains, and monuments
and the placing of any additional buildings on the capitol
grounds, the type of architecture and the type of construction
of any new buildings to be erected on the state capitol grounds
as now encompassed or as subsequently enlarged, and repairs
and restoration thereof, and it shall be the duty of the
officers, commissions, and councils charged by law with the
duty of determining such questions to call upon the commission
department for such advice.
2. The commission department shall , in cooperation with
the director of the department of administrative services,
develop and implement within the limits of its appropriation, a
five-year modernization program for the capitol complex.
3. The commission department shall annually report to the
general assembly its recommendations relating to its duties
under this section . The report shall be submitted to the chief
clerk of the house and the secretary of the senate during the
month of January.
Sec. 4. Section 8A.376, subsection 1, unnumbered paragraph
1, Code 2024, is amended to read as follows:
All capital projects on the capitol complex shall be
planned, approved, and funded only after considering the
guiding principles enunciated in any capitol complex master
plan adopted by the commission on or after January 1, 2000
department . At a minimum, the extent to which the proposed
capital project does all of the following shall be considered:
Sec. 5. Section 8A.377, subsection 2, Code 2024, is amended
to read as follows:
2. A project described in subsection 1 may vary from
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the architectural or historic integrity of the capitol if
such variance is necessary to comply with state or federal
laws relating to building accessibility or occupational
safety or health, to address life safety issues, or for other
compelling reasons. However, the state agency, branch of
government, or other entity responsible for a project involving
a variance from the architectural or historic integrity shall
submit the plans for such project to the capitol planning
commission department and the capital projects committee of the
legislative council for review.
Sec. 6. Section 414.1, subsection 2, Code 2024, is amended
to read as follows:
2. The city of Des Moines may, for the purpose of preserving
the dominance of the dome of the state capitol building and
the view of the state capitol building from prominent public
viewing points, regulate and restrict the height and size of
buildings and other structures in the city of Des Moines.
Any regulations pertaining to such matters shall be made in
accordance with a comprehensive plan and in consultation with
the capitol planning commission department of administrative
services .
Sec. 7. Section 476.10B, subsection 7, Code 2024, is amended
to read as follows:
7. The department of administrative services, in
consultation with the board and the division, shall secure
architectural services, contract for construction, engineering,
and construction oversight and management, and control the
funding associated with the building construction and the
building’s operation and maintenance. The department of
administrative services may utilize consultants or other
expert assistance to address feasibility, planning, or other
considerations connected with construction of the building or
decision making regarding the building. The department of
administrative services, on behalf of the board and division,
shall consult with the office of the governor , and appropriate
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legislative bodies , and the capitol planning commission .
Sec. 8. REPEAL. Sections 8A.371, 8A.372, 8A.374, and
8A.375, Code 2024, are repealed.
DIVISION II
FIRE EXTINGUISHING SYSTEM CONTRACTORS AND ALARM SYSTEMS
ADVISORY BOARD
Sec. 9. Section 100C.1, subsection 5, Code 2024, is amended
to read as follows:
5. “Automatic fire extinguishing system” means a system of
devices and equipment that automatically detects a fire and
discharges an approved fire extinguishing agent onto or in
the area of a fire and includes automatic sprinkler systems,
carbon dioxide extinguishing systems, deluge systems, automatic
dry-chemical extinguishing systems, foam extinguishing systems,
and halogenated extinguishing systems, or other equivalent fire
extinguishing technologies recognized by the fire extinguishing
system contractors advisory board department .
Sec. 10. Section 100C.7, Code 2024, is amended to read as
follows:
100C.7 Administration —— rules.
The director shall administer this chapter and , after
consultation with the fire extinguishing system contractors and
alarm systems advisory board, shall adopt rules pursuant to
chapter 17A necessary for the administration and enforcement of
this chapter .
Sec. 11. Section 100D.5, subsection 1, Code 2024, is amended
to read as follows:
1. After consultation with the fire extinguishing system
contractors and alarm systems advisory board established
pursuant to section 100C.10 , adopt Adopt rules pursuant to
chapter 17A necessary for the administration and enforcement of
this chapter .
Sec. 12. REPEAL. Section 100C.10, Code 2024, is repealed.
DIVISION III
CONSERVATION EDUCATION PROGRAM BOARD
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Sec. 13. Section 455A.19, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
Upon receipt of any revenue, the director shall deposit the
moneys in the Iowa resources enhancement and protection fund
created pursuant to section 455A.18 . The first three hundred
fifty thousand dollars of the funds received for deposit in the
fund annually shall be allocated to the conservation education
program board for the purposes specified in section 455A.21 .
One percent of the revenue receipts shall be deducted and
transferred to the administration fund provided for in section
456A.17 . All of the remaining receipts shall be allocated to
the following accounts:
Sec. 14. Section 455A.21, Code 2024, is amended to read as
follows:
455A.21 Conservation education program board .
1. A conservation education program board is created in
the department. The board shall have five members appointed
as follows:
a. One member appointed by the director of the department
of education.
b. One member appointed by the director of the department of
natural resources.
c. One member appointed by the president of the Iowa
association of county conservation boards.
d. One member appointed by the president of the Iowa
association of naturalists.
e. One member appointed by the president of the Iowa
conservation education council.
2. Section 69.16 does not apply to appointments made
pursuant to this section .
3. The duties of the board are to department shall revise
and produce conservation education materials and to specify
stipends to Iowa educators who participate in innovative
conservation education programs approved by the board
department . The board department shall allocate the funds
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provided for under section 455A.19, subsection 1 , for the
educational materials and stipends.
4. The department shall administer the funds allocated to
the conservation education program as provided in this section .
DIVISION IV
PRISON INDUSTRIES ADVISORY BOARD
Sec. 15. Section 23A.2, subsection 6, paragraph a, Code
2024, is amended to read as follows:
a. The director of the department of corrections , with the
advice of the state prison industries advisory board, may, by
rule, provide for exemptions from this chapter .
Sec. 16. Section 904.802, subsection 1, Code 2024, is
amended by striking the subsection.
Sec. 17. Section 904.802, subsection 2, Code 2024, is
amended to read as follows:
2. “Iowa state industries” means prison industries that
are established and maintained by the Iowa department of
corrections , in consultation with the industries board, at or
adjacent to the state’s adult correctional institutions, except
that an inmate work program established by the state director
under section 904.703 is not restricted to industries at or
adjacent to the institutions.
Sec. 18. Section 904.804, Code 2024, is amended to read as
follows:
904.804 Duties of industries board department —— state
industries .
The industries board’s principal duties department shall be
to promulgate and adopt rules and to advise the state director
regarding the management of Iowa state industries so as to
further the intent stated by section 904.801 .
Sec. 19. Section 904.805, unnumbered paragraph 1, Code
2024, is amended to read as follows:
The state director , with the advice of the industries board,
shall:
Sec. 20. Section 904.806, Code 2024, is amended to read as
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follows:
904.806 Authority of state director not impaired.
Nothing in this subchapter shall be construed to impair the
authority of the state director over the adult correctional
institutions of this state, nor over the inmates thereof. It
is, however, the duty of the state director to obtain the
advice of the industries board to further the intent stated by
section 904.801 .
Sec. 21. Section 904.809, subsection 1, paragraph a, Code
2024, is amended to read as follows:
a. The state director and the industries board shall comply
with the intent of section 904.801 .
Sec. 22. Section 904.809, subsection 2, paragraph a, Code
2024, is amended to read as follows:
a. Any other provision of the Code to the contrary
notwithstanding, the state director may , after obtaining the
advice of the industries board, lease one or more buildings or
portions thereof on the grounds of any state adult correctional
institution, together with the real estate needed for
reasonable access to and egress from the leased buildings, for
a term not to exceed twenty years, to a private corporation for
the purpose of establishing and operating a factory for the
manufacture and processing of products, or any other commercial
enterprise deemed by the state director to be consistent with
the intent stated in section 904.801 .
Sec. 23. Section 904.809, subsection 2, paragraph b,
subparagraph (1), Code 2024, is amended to read as follows:
(1) Persons working in the factory or other commercial
enterprise operated in the leased property, except the lessee’s
supervisory employees and necessary support personnel approved
by the industries board state director , shall be inmates of
the institution where the leased property is located who are
approved for such work by the state director and the lessee.
Sec. 24. Section 904.809, subsection 3, Code 2024, is
amended to read as follows:
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3. The state director with the advice of the prison
industries advisory board may provide an inmate workforce to
private industry. Under the program inmates will be employees
of a private business.
Sec. 25. Section 904.813, subsection 2, paragraph a,
subparagraphs (1), (2), and (3), Code 2024, are amended to read
as follows:
(1) Establishment, maintenance, transfer, or closure of
industrial operations, or vocational, technical, and related
training facilities and services for inmates as authorized by
the state director in consultation with the industries board .
(2) Payment of all costs incurred by the industries board,
including but not limited to per diem and expenses of its
members, and of salaries, allowances, support, and maintenance
of Iowa state industries.
(3) (2) Direct purchases from vendors of raw materials
and capital items used for the manufacturing processes of Iowa
state industries, in accordance with rules which meet state
bidding requirements. The rules shall be adopted by the state
director in consultation with the industries board .
Sec. 26. Section 904.814, Code 2024, is amended to read as
follows:
904.814 Inmate allowance supplement revolving fund.
There is established in the treasury of the state a permanent
adult correctional institutions inmate allowance supplement
revolving fund, consisting solely of money paid as board and
maintenance by inmates working in Iowa state industries, or
working pursuant to section 904.809 . The fund established
by this section may be used to supplement the allowances
of inmates who perform other institutional work within and
about the adult correctional institutions including those
who are working in Iowa state industries. Payments made
from the fund shall supplement and not replace all or any
part of the allowances otherwise received by, and shall be
equably distributed among such inmates. The work of inmates
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in other institutional or industry work shall, to the greatest
extent feasible, be in accord with the intent stated in
section 904.801 . The fund may also be used to supplement
other rehabilitation activities within the adult correctional
institutions. Determination of the use of the funds is the
responsibility of the state director who shall first seek the
advice of the prison industries advisory board .
Sec. 27. REPEAL. Section 904.803, Code 2024, is repealed.
DIVISION V
COMMUNITY COLLEGE FACULTY ADVISORY COMMITTEE AND QUALITY
FACULTY PLAN PROFESSIONAL DEVELOPMENT COMMITTEE
Sec. 28. Section 260C.36, subsection 4, Code 2024, is
amended to read as follows:
4. The department of education shall establish the
following committees:
a. An an ad hoc accreditation quality faculty plan protocol
committee to advise the department in the development of
protocols related to the quality faculty planning process to
be used by the accreditation teams during site visits. The
committee shall, at a minimum, determine what types of evidence
need to be provided, develop interview procedures and visit
goals, and propose accreditation protocol revisions.
b. An ongoing quality faculty plan professional development
committee. The committee shall, at a minimum, do the
following:
(1) Develop systemic, ongoing, and sustainable statewide
professional development opportunities that support
institutional development as well as individual development and
support of the quality faculty plans. The opportunities may
include internet-based systems to share promising practices.
(2) Determine future professional development needs.
(3) Develop or identify training and assistance relating to
the quality faculty plan process and requirements.
(4) Assist the department and community colleges in
developing professional development consortia.
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(5) Review and identify best practices in each community
college quality faculty plan, including best practices
regarding adjunct faculty.
c. A community college faculty advisory committee consisting
of one member and one alternate from each community college,
appointed by the committee established pursuant to subsection
1 . The committee membership shall be equally represented by
individuals from the liberal arts and sciences faculty and
the career and technical faculty. The committee shall, at a
minimum, keep faculty informed of higher education issues,
facilitate communication between the faculty and the department
on an ongoing basis, and serve as an advisory committee to the
department and community colleges on faculty issues.
DIVISION VI
COMMISSION ON EDUCATOR LEADERSHIP AND COMPENSATION
Sec. 29. Section 284.11, subsection 2, paragraph c, Code
2024, is amended to read as follows:
c. Review the use and effectiveness of the funds distributed
to school districts for supplemental assistance in high-need
schools under this section , and consider the findings and
recommendations of the commission on educator leadership
and compensation submitted pursuant to section 284.15,
subsection 13 , relating to the use and effectiveness of the
funds distributed to school districts under this section . The
department shall submit its findings and recommendations in a
report to the general assembly by January 15 annually.
Sec. 30. Section 284.15, subsection 6, paragraph a, Code
2024, is amended to read as follows:
a. A school district may apply to the department for
approval to implement the career paths, leadership roles,
and compensation framework specified in subsection 2 , or
a comparable system of career paths and compensation for
teachers that contains differentiated multiple leadership
roles. The director shall consider the recommendations of the
commission established pursuant to subsection 12 when approving
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or disapproving applications submitted pursuant to this
section . A school district may modify an approved framework or
comparable system if the director or the director’s designee
approves the modification. A school district may appeal the
director’s or the director’s designee’s decision to the state
board and the state board’s decision is final.
Sec. 31. Section 284.15, subsection 12, Code 2024, is
amended by striking the subsection.
Sec. 32. Section 284.15, subsection 14, Code 2024, is
amended to read as follows:
14. The provisions of this chapter shall be subject to
legislative review at least every three years. The review
shall be based upon a status report from the commission
on educator leadership and compensation, which shall be
prepared with the assistance of the departments department of
education, in consultation with the department of management ,
and department of revenue. The status report shall review
and report on the department’s department of education’s
assignment and utilization of full-time equivalent positions,
and shall include information on teacher retention, teacher
compensation, academic quality of beginning teachers, teacher
evaluation results, student achievement trend and comparative
data, and recommendations for changes to the teacher leadership
supplement foundation aid and the framework or comparable
systems approved pursuant to this section . The first status
report shall be submitted to the general assembly by January
15, 2017, with subsequent status reports prepared and submitted
to the general assembly by January 15 at least every third year
thereafter.
DIVISION VII
TELECOMMUNICATIONS ADVISORY COMMITTEE
Sec. 33. Section 256.7, subsection 7, paragraph c, Code
2024, is amended by striking the paragraph.
Sec. 34. Section 256.33, subsection 1, Code 2024, is amended
to read as follows:
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1. The department shall consort with school districts,
area education agencies, community colleges, and colleges
and universities to provide assistance to them in the use
of educational technology for instruction purposes. The
department shall consult with the advisory committee on
telecommunications, established in section 256.7, subsection 7 ,
and other users of educational technology on the development
and operation of programs under this section .
DIVISION VIII
INTEGRATED ROADSIDE VEGETATION MANAGEMENT TECHNICAL ADVISORY
COMMITTEE
Sec. 35. Section 314.13, subsection 2, Code 2024, is amended
by striking the subsection.
Sec. 36. Section 314.22, subsection 3, Code 2024, is amended
to read as follows:
3. Integrated roadside vegetation management technical
advisory committee Report .
a. The director of the department shall appoint members
to an integrated roadside vegetation management technical
advisory committee which is created to provide advice on the
development and implementation of a statewide integrated
roadside vegetation management plan and program and related
projects. The department shall report annually in January to
the general assembly regarding its activities and those of the
committee under this section . Activities of the committee may
include but are not limited to providing advice and assistance
in the following areas:
(1) Research efforts.
(2) Demonstration projects.
(3) Education and orientation efforts for property owners,
public officials, and the general public.
(4) Activities of the integrated roadside vegetation
management coordinator for integrated roadside vegetation
management.
(5) Reviewing applications for funding assistance.
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(6) Securing funding for research and demonstrations.
(7) Determining needs for revising the state weed law and
other applicable Code sections.
(8) Liaison with the Iowa state association of counties, the
Iowa league of cities, and other organizations for integrated
roadside vegetation management purposes.
b. The director may appoint any number of persons to the
committee but, at a minimum, the committee shall consist of all
of the following:
(1) One member representing the utility industry.
(2) One member from the Iowa academy of sciences.
(3) One member representing county government.
(4) One member representing city government.
(5) Two members representing the private sector including
community interest groups.
(6) One member representing soil conservation interests.
(7) One member representing the department of natural
resources.
(8) One member representing county conservation boards.
c. Members of the committee shall serve without
compensation, but may be reimbursed for allowable expenses from
the living roadway trust fund created under section 314.21 . No
more than a simple majority of the members of the committee
shall be of the same gender as provided in section 69.16A .
The director of the department shall appoint the chair of the
committee and shall establish a minimum schedule of meetings
for the committee.
DIVISION IX
TOURIST SIGNING COMMITTEE
Sec. 37. Section 321.252, subsection 3, paragraph a, Code
2024, is amended to read as follows:
a. The department shall establish, by rule, in cooperation
with a tourist signing committee, the standards for
tourist-oriented directional signs and shall annually review
the list of attractions for which signing is in place. The
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rules shall conform to national standards for tourist-oriented
directional signs adopted under 23 U.S.C. §131(q) and to the
manual of uniform traffic-control devices.
(1) The tourist signing committee shall be made up of
the directors or the directors’ designees of the departments
of agriculture and land stewardship, natural resources, and
transportation, the director or the director’s designee of
the economic development authority, the chairperson or the
chairperson’s designee of the Iowa travel council, and a
member of the outdoor advertising association of Iowa. The
director or the director’s designee of the economic development
authority shall be the chairperson of the committee.
(2) The department of transportation shall be responsible
for calling and setting the date of the meetings of the
committee which meetings shall be based upon the amount of
activity relating to signs. However, the committee shall meet
at least once a month.
DIVISION X
ADVISORY COMMITTEE FOR PERINATAL GUIDELINES
Sec. 38. Section 135.11, subsection 22, Code 2024, is
amended to read as follows:
22. In consultation with the advisory committee for
perinatal guidelines, develop Develop and maintain the
statewide perinatal program based on the recommendations of
the American academy of pediatrics and the American college
of obstetricians and gynecologists contained in the most
recent edition of the guidelines for perinatal care, and
adopt rules in accordance with chapter 17A to implement those
recommendations. Hospitals within the state shall determine
whether to participate in the statewide perinatal program,
and select the hospital’s level of participation in the
program. A hospital having determined to participate in the
program shall comply with the guidelines appropriate to the
level of participation selected by the hospital. Perinatal
program surveys and reports are privileged and confidential
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and are not subject to discovery, subpoena, or other means
of legal compulsion for their release to a person other than
the affected hospital, and are not admissible in evidence in a
judicial or administrative proceeding other than a proceeding
involving verification of the participating hospital under this
subsection .
DIVISION XI
CHILD CARE ADVISORY COMMITTEE
Sec. 39. Section 237A.1, subsection 17, Code 2024, is
amended by striking the subsection.
Sec. 40. Section 237A.12, subsection 3, Code 2024, is
amended to read as follows:
3. Rules relating to fire safety for child care centers
shall be adopted under this chapter by the director of
the department of inspections, appeals, and licensing in
consultation with the department. Rules adopted by the
director of the department of inspections, appeals, and
licensing for a building which is owned or leased by a school
district or accredited nonpublic school and used as a child
care facility shall not differ from standards adopted by
the director of the department of inspections, appeals, and
licensing for school buildings under chapter 10A, subchapter V,
part 2 . Rules relating to sanitation shall be adopted by the
department. All rules shall be developed in consultation with
the state child care advisory committee. The director of the
department of inspections, appeals, and licensing shall inspect
the facilities.
Sec. 41. Section 237A.25, subsection 1, Code 2024, is
amended to read as follows:
1. The department shall develop consumer information
material to assist parents in selecting a child care provider.
In developing the material, the department shall consult with
department staff, department of education staff, the state
child care advisory committee, the early childhood Iowa state
board, and child care resource and referral services. In
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addition, the department may consult with other entities at the
local, state, and national level.
Sec. 42. Section 237A.30, subsection 1, Code 2024, is
amended to read as follows:
1. The department shall work with the early childhood Iowa
program established in section 256I.5 and the state child care
advisory committee in designing and implementing a voluntary
quality rating system for each provider type of child care
facility.
Sec. 43. Section 256.9, subsection 31, paragraph b, Code
2024, is amended to read as follows:
b. Standards and materials developed shall include materials
which employ developmentally appropriate practices and
incorporate substantial parental involvement. The materials
and standards shall include alternative teaching approaches
including collaborative teaching and alternative dispute
resolution training. The department shall consult with the
child development coordinating council, the state child care
advisory committee established pursuant to section 135.173A ,
the department of health and human services, the state board
of regents center for early developmental education, the
area education agencies, the department of human development
and family studies in the college of human sciences at
Iowa state university of science and technology, the early
childhood elementary division of the college of education at
the university of Iowa, and the college of education at the
university of northern Iowa, in developing these standards and
materials.
Sec. 44. REPEAL. Section 135.173A, Code 2024, is repealed.
DIVISION XII
DEPENDENT ADULT PROTECTIVE ADVISORY COUNCIL
Sec. 45. Section 235B.1, subsection 4, Code 2024, is amended
by striking the subsection.
Sec. 46. Section 235B.16A, subsection 1, Code 2024, is
amended to read as follows:
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1. The dependent adult protective advisory council
established pursuant to section 235B.1 department shall
recommend adopt a uniform assessment instrument and process for
adoption and use by the department and other agencies involved
with assessing a dependent adult’s degree of dependency
and determining whether dependent adult abuse has occurred.
However, this section shall not apply to dependent adult abuse
assessments and determinations made under chapter 235E .
Sec. 47. Section 235E.5, Code 2024, is amended to read as
follows:
235E.5 Rulemaking authority.
The department, in cooperation and consultation with
the dependent adult protective advisory council established
in section 235B.1 , affected industry representatives , and
professional and consumer groups, may adopt rules pursuant to
chapter 17A to administer this chapter .
DIVISION XIII
COUNTY CARE FACILITIES MENTAL HEALTH AND DISABILITY SERVICES
STANDARDS ADVISORY COMMITTEE
Sec. 48. Section 227.4, Code 2024, is amended to read as
follows:
227.4 Standards for care of persons with mental illness or an
intellectual disability in county care facilities.
The department, in cooperation with the department of
inspections, appeals, and licensing, shall recommend and the
mental health and disability services commission created in
section 225C.5 shall adopt, or amend and adopt, standards for
the care of and services to persons with mental illness or an
intellectual disability residing in county care facilities.
The standards shall be enforced by the department of
inspections, appeals, and licensing as a part of the licensure
inspection conducted pursuant to chapter 135C . The objective
of the standards is to ensure that persons with mental illness
or an intellectual disability who are residents of county care
facilities are not only adequately fed, clothed, and housed,
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but are also offered reasonable opportunities for productive
work and recreational activities suited to their physical and
mental abilities and offering both a constructive outlet for
their energies and, if possible, therapeutic benefit. When
recommending standards under this section , the department shall
designate an advisory committee representing administrators of
county care facilities, regional administrators, mental health
and disability services region governing boards, and county
care facility certified volunteer long-term care ombudsmen to
assist in the establishment of standards.
DIVISION XIV
911 COMMUNICATIONS COUNCIL
Sec. 49. Section 34A.2A, subsection 2, Code 2024, is amended
to read as follows:
2. The 911 program manager shall act under the supervisory
control of the director of the department of homeland security
and emergency management , and in consultation with the
911 communications council, and shall perform the duties
specifically set forth in this chapter and as assigned by the
director.
Sec. 50. Section 34A.7A, subsection 2, paragraph f,
subparagraph (1), subparagraph division (a), Code 2024, is
amended by striking the subparagraph division.
Sec. 51. Section 34A.7A, subsection 2, paragraph f,
subparagraph (1), subparagraph division (b), Code 2024, is
amended to read as follows:
(b) The program manager , in consultation with the 911
communications council, shall allocate an amount, not to exceed
one hundred thousand dollars per fiscal year, for development
of public awareness and educational programs related to the
use of 911 by the public, educational programs for personnel
responsible for the maintenance, operation, and upgrading of
local 911 systems , and the expenses of members of the 911
communications council for travel, monthly meetings, and
training, provided, however, that the members have not received
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reimbursement funds for such expenses from another source .
Sec. 52. Section 34A.7A, subsection 2, paragraph g, Code
2024, is amended to read as follows:
g. The director, in consultation with the program manager
and the 911 communications council , shall adopt rules pursuant
to chapter 17A governing the distribution of the surcharge
collected and distributed pursuant to this subsection . The
rules shall include provisions that all joint 911 service
boards and the department of public safety which answer or
service wireless 911 calls are eligible to receive an equitable
portion of the receipts.
Sec. 53. Section 34A.7A, subsection 5, paragraph a, Code
2024, is amended to read as follows:
a. The program manager, in consultation with the 911
communications council and the auditor of state, shall
establish a methodology for determining and collecting public
safety answering point cost and expense data through the county
joint 911 service boards. The methodology shall include the
collection of data for direct costs and expenses related to
the operation of a public safety answering point and account
for the extent to which identified costs and expenses are
compensated for or addressed through 911 surcharges versus
other sources of funding.
Sec. 54. Section 34A.11, subsection 1, Code 2024, is amended
to read as follows:
1. The joint 911 service board in each 911 service area
shall designate a person to serve as a single point-of-contact
to facilitate the communication of needs, issues, or concerns
regarding emergency communications, interoperability, and
other matters applicable to emergency 911 communications and
migration to the next generation 911 network. The person
designated as the single point-of-contact shall be responsible
for facilitating the communication of such needs, issues, or
concerns between public or private safety agencies within the
service area, the 911 program manager, the 911 communications
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council, the statewide interoperable communications system
board established in section 80.28 , and any other person,
entity, or agency the person deems necessary or appropriate.
The person designated shall also be responsible for responding
to surveys or requests for information applicable to the
service area received from a federal, state, or local agency,
entity, or board.
Sec. 55. REPEAL. Section 34A.15, Code 2024, is repealed.
DIVISION XV
IOWA CULTURAL TRUST BOARD OF TRUSTEES
Sec. 56. Section 15.108, subsection 8, paragraph b,
subparagraphs (4) and (5), Code 2024, are amended to read as
follows:
(4) Compile, in consultation with the Iowa arts council,
a list of grant applications recommended for funding in
accordance with the amount available for distribution as
provided in section 15.481, subsection 3 . The list of
recommended grant applications shall be submitted to the Iowa
cultural trust board of trustees for approval.
(5) Monitor the allocation and use of grant moneys by all
qualified organizations to determine whether moneys are used
in accordance with the provisions of this paragraph “b” and
subchapter II, part 30 . The authority shall annually submit
a report with the authority’s findings and recommendations to
the Iowa cultural trust board of trustees prior to final board
action in approving grants for the next succeeding fiscal year.
Sec. 57. Section 15.478, subsection 1, Code 2024, is amended
by striking the subsection.
Sec. 58. Section 15.479, subsection 4, Code 2024, is amended
to read as follows:
4. The treasurer of state shall act as custodian of the
fund, shall invest moneys in the trust fund, and shall transfer
the interest attributable to the investment of trust fund
moneys to the grant account created in section 15.482 . The
trust fund’s principal shall not be used or accessed by the
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department or the board authority for any purpose.
Sec. 59. Section 15.481, unnumbered paragraph 1, Code 2024,
is amended to read as follows:
The board authority shall do any or all of the following:
Sec. 60. Section 15.481, subsections 2 and 3, Code 2024, are
amended to read as follows:
2. Approve or disapprove the grants recommended for
approval by the director, in consultation with the Iowa arts
council and the state historical society of Iowa, in accordance
with section 15.108, subsection 8 , paragraph “b” . The board
authority may remove any recommendation from the list, but
shall not add to or otherwise amend the list of recommended
grants.
3. Upon approving a grant, the board authority shall certify
to the treasurer of state the amount of financial assistance
payable from the grant account to the qualified organization
whose grant application is approved.
Sec. 61. Section 15.482, subsections 1 and 3, Code 2024, are
amended to read as follows:
1. An Iowa cultural trust grant account is created in
the office of the treasurer of state under the control of
the board authority to receive interest attributable to the
investment of trust fund moneys as required by section 15.479,
subsection 4 . The moneys in the grant account are appropriated
to the board authority for purposes of the Iowa cultural trust
created in section 15.479 . Moneys in the grant account shall
not be subject to appropriation for any other purpose by the
general assembly, but shall be used only for the purposes of
the Iowa cultural trust. The treasurer of state shall act as
custodian of the grant account and disburse moneys contained
in the grant account as directed by the board authority . The
board authority shall make expenditures from the grant account
consistent with the purposes of the Iowa cultural trust.
3. At any time when the principal balance in the trust fund
equals or exceeds three million dollars, the board authority
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may use moneys in the grant account for a statewide educational
program to promote participation in, expanded support of, and
local endowment building for, Iowa nonprofit arts, history, and
sciences and humanities organizations.
Sec. 62. REPEAL. Section 15.480, Code 2024, is repealed.
DIVISION XVI
IOWA GREAT PLACES BOARD
Sec. 63. Section 15.439, subsection 1, paragraphs a, c, d,
and e, Code 2024, are amended to read as follows:
a. The authority shall establish and administer an Iowa
great places program for purposes of combining resources of
state government in an effort to showcase the unique and
authentic qualities of communities, regions, neighborhoods, and
districts that make such places exceptional places to work and
live. The authority shall provide administrative assistance to
the Iowa great places board. The authority shall coordinate
the efforts of the Iowa great places board with the efforts of
other state agencies participating in the program which shall
include but not be limited to the Iowa finance authority, the
department of health and human services, the department of
natural resources, the state department of transportation, and
the department of workforce development.
c. Initially, three Iowa great places projects shall be
identified by the Iowa great places board. The board authority
may identify additional Iowa great places for participation
under the program when places develop dimensions and meet
readiness criteria for participation under the program.
d. The authority shall work in cooperation with the enhance
Iowa board for purposes of maximizing and leveraging moneys
appropriated to identified Iowa great places.
e. d. As a condition of receiving state funds, an
identified Iowa great place shall present information to the
board authority concerning the proposed activities and total
financial needs of the project.
Sec. 64. Section 15.439, subsection 2, Code 2024, is amended
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by striking the subsection.
Sec. 65. Section 15.439, subsections 3 and 4, Code 2024, are
amended to read as follows:
3. The board authority shall do all of the following:
a. Organize.
b. a. Identify Iowa great places for purposes of receiving
a package of resources under the program.
c. b. Identify a combination of state resources which can
be provided to Iowa great places.
4. Notwithstanding any restriction, requirement, or
duty to the contrary, in considering an application for a
grant, loan, or other financial or technical assistance for a
project identified in an Iowa great places agreement developed
pursuant to this section , a state agency shall give additional
consideration or additional points in the application of rating
or evaluation criteria to such applications. This subsection
applies to applications filed within three years of the Iowa
great places board’s authority’s identification of the project
for participation in the program.
DIVISION XVII
FARM DEER COUNCIL
Sec. 66. Section 170.1, subsection 2, Code 2024, is amended
by striking the subsection.
Sec. 67. Section 170.3B, Code 2024, is amended to read as
follows:
170.3B Farm deer administration fee.
The department may establish a farm deer administration fee
which shall be annually imposed on each landowner who keeps
farm deer in this state. The amount of the fee shall not exceed
two hundred dollars per year. The fee shall be collected
by the department in a manner specified by rules adopted by
the department after consulting with the farm deer council
established in section 170.2 . The collected fees shall be
credited to the farm deer administration fund created pursuant
to section 170.3C .
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Sec. 68. REPEAL. Section 170.2, Code 2024, is repealed.
DIVISION XVIII
GRAIN INDUSTRY PEER REVIEW PANEL
Sec. 69. Section 203.11A, subsection 2, Code 2024, is
amended to read as follows:
2. The amount of a civil penalty shall not exceed one
thousand five hundred dollars. Each day that a violation
continues shall constitute a separate violation. The amount
of the civil penalty that may be assessed in a case shall
not exceed the amount recommended by the grain industry peer
review panel established pursuant to section 203.11B . Moneys
collected in civil penalties by the department or the attorney
general shall be deposited in the general fund of the state.
Sec. 70. Section 203.16, subsection 8, Code 2024, is amended
by striking the subsection.
Sec. 71. Section 203C.24, subsection 8, Code 2024, is
amended by striking the subsection.
Sec. 72. Section 203C.36A, subsection 2, Code 2024, is
amended to read as follows:
2. The amount of a civil penalty shall not exceed one
thousand five hundred dollars. Each day that a violation
continues shall constitute a separate violation. The amount
of the civil penalty that may be assessed in an administrative
case shall not exceed the amount recommended by the grain
industry peer review panel established pursuant to section
203.11B . Moneys collected in civil penalties by the department
or the attorney general shall be deposited in the general fund
of the state.
Sec. 73. REPEAL. Section 203.11B, Code 2024, is repealed.
DIVISION XIX
ORGANIC ADVISORY COUNCIL
Sec. 74. Section 190C.1, subsection 2, Code 2024, is amended
by striking the subsection.
Sec. 75. Section 190C.2B, subsection 1, Code 2024, is
amended to read as follows:
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1. The department shall implement and administer the
provisions of this chapter for agricultural products that have
been produced and handled within this state using organic
methods as provided in this chapter . The department may
consult with the council in implementing and administering this
chapter . The department may certify agricultural products that
have been produced and handled outside this state using an
organic method as provided in this chapter .
Sec. 76. Section 190C.3, subsection 2, Code 2024, is amended
to read as follows:
2. The department may request assistance from the council
as provided in section 190C.2A or from one or more regional
organic associations as provided in section 190C.6 .
Sec. 77. REPEAL. Sections 190C.2 and 190C.2A, Code 2024,
are repealed.
DIVISION XX
WELL CONTRACTORS’ COUNCIL
Sec. 78. Section 455B.190A, subsection 1, paragraph h, Code
2024, is amended by striking the paragraph.
Sec. 79. Section 455B.190A, subsection 2, paragraphs f and
g, Code 2024, are amended to read as follows:
f. The department shall develop continuing education
requirements for certification of a well contractor in
consultation with the well contractors’ council .
g. The examination shall be developed by the department in
consultation with the well contractors’ council to determine
the applicant’s qualifications to perform well drilling or
pump services or both. The examination shall be updated
as necessary to reflect current groundwater law and well
construction, maintenance, pump services, and abandonment
practices. The examination shall be administered by the
department or by a person designated by the department.
Sec. 80. Section 455B.190A, subsections 3 and 6, Code 2024,
are amended by striking the subsections.
Sec. 81. Section 455B.190A, subsection 4, Code 2024, is
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amended to read as follows:
4. The department shall develop , in consultation with the
well contractors’ council, a consumer information pamphlet
regarding well construction, well maintenance, well plugging,
pump services, and Iowa groundwater laws. The department and
the council shall review and revise the consumer information
pamphlet as necessary. The consumer information pamphlet shall
be supplied to well contractors, at cost, and well contractors
shall supply one copy at no cost to potential customers prior
to initiation of well services.
Sec. 82. Section 455B.190A, subsection 5, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
The department shall establish by rule and collect , in
consultation with the well contractors’ council, the following
fees to be used to implement and administer the provisions of
this section :
DIVISION XXI
INTERSTATE COOPERATION COMMISSION
Sec. 83. Section 7E.5, subsection 2, paragraph a, Code 2024,
is amended to read as follows:
a. There is a civil rights commission, a public employment
relations board, an interstate cooperation commission, an Iowa
ethics and campaign disclosure board, an Iowa utilities board,
and an Iowa law enforcement academy.
Sec. 84. REPEAL. Chapter 28B, Code 2024, is repealed.
DIVISION XXII
STATE BUILDING CODE ADVISORY COUNCIL
Sec. 85. Section 103A.3, subsection 6, Code 2024, is amended
by striking the subsection.
Sec. 86. Section 103A.7, subsection 1, Code 2024, is amended
to read as follows:
1. The state building code commissioner with the approval
of the advisory council department is hereby empowered and
directed to formulate and adopt and from time to time amend
or revise and to promulgate, in conformity with and subject
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to the conditions set forth in this chapter , reasonable rules
designed to establish minimum safeguards in the erection and
construction of buildings and structures, to protect the human
beings who live and work in them from fire and other hazards,
and to establish regulations to further protect the health,
safety, and welfare of the public.
Sec. 87. Section 103A.8A, Code 2024, is amended to read as
follows:
103A.8A Energy conservation requirements.
The state building code commissioner shall adopt as a part of
the state building code a requirement that new single-family
or two-family residential construction shall comply with
energy conservation requirements. The requirements adopted by
the commissioner shall be based upon a nationally recognized
standard or code for energy conservation. The requirements
shall only apply to single-family or two-family residential
construction commenced after the adoption of the requirements.
Notwithstanding any other provision of this chapter to the
contrary, the energy conservation requirements adopted by the
commissioner and approved by the council department shall apply
to new single-family or two-family residential construction
commenced on or after July 1, 2008, and shall supersede and
replace any minimum requirements for energy conservation
adopted or enacted by a governmental subdivision prior to that
date applicable to such construction. The state building code
commissioner may provide training to builders, contractors, and
other interested persons on the adopted energy conservation
requirements.
Sec. 88. Section 103A.10, subsection 5, Code 2024, is
amended to read as follows:
5. Notwithstanding any other provision of this chapter to
the contrary, the energy conservation requirements adopted
by the commissioner and approved by the council department
shall apply to all new construction commenced on or after
July 1, 2008, and shall supersede and replace any minimum
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requirements for energy conservation adopted or enacted by the
governmental subdivision prior to that date and applicable to
such construction.
Sec. 89. Section 103A.11, subsection 4, Code 2024, is
amended to read as follows:
4. The provisions of this section shall not apply to any
rule relating solely to the internal operations of the office
of the commissioner and council .
Sec. 90. Section 103A.15, subsection 1, Code 2024, is
amended to read as follows:
1. The board shall be composed of three the following
members of the council. :
a. Two master electricians licensed pursuant to chapter 103,
one of whom shall be a member of a union and one of whom shall
not.
b. Two master plumbers licensed pursuant to chapter 105, one
of whom shall be a member of a union and one of whom shall not.
c. One master mechanical professional licensed pursuant to
chapter 105.
d. One electrical engineer.
e. One construction contractor registered pursuant to
chapter 91C.
Sec. 91. Section 103A.15, subsection 4, Code 2024, is
amended by striking the subsection.
Sec. 92. Section 103A.17, subsections 7 and 8, Code 2024,
are amended to read as follows:
7. The decision of the board of review may be appealed
to the advisory council department by any party by filing a
petition with the advisory council department at any time
prior to the effective date of such decision. The advisory
council department shall consider all questions of fact and
law involved and issue its decision pertaining to the same not
later than ten days after receipt of the appeal.
8. A record of all decisions of the board and advisory
council department shall be properly indexed and filed in the
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office of the commissioner, and shall be public records as
defined in chapter 22 .
Sec. 93. Section 103A.18, unnumbered paragraph 1, Code
2024, is amended to read as follows:
Judicial review of action of the commissioner, board of
review, or council department may be sought in accordance with
the terms of the Iowa administrative procedure Act, chapter
17A . Notwithstanding the terms of said Act:
Sec. 94. Section 103A.22, subsection 1, Code 2024, is
amended to read as follows:
1. Nothing in this chapter shall be construed as prohibiting
any governmental subdivision from adopting or enacting any
building regulations relating to any building or structure
within its limits, but a governmental subdivision in which
the state building code has been accepted and is applicable
shall not have the power to supersede, void, or repeal or make
more restrictive any of the provisions of this chapter or of
the rules adopted by the commissioner. This subsection shall
not apply to energy conservation requirements adopted by the
commissioner and approved by the council department pursuant
to section 103A.8A or 103A.10 .
Sec. 95. REPEAL. Section 103A.14, Code 2024, is repealed.
DIVISION XXIII
BOARD OF HEARING AID SPECIALISTS
Sec. 96. Section 147.2, subsection 1, Code 2024, is amended
to read as follows:
1. A person shall not engage in the practice of medicine
and surgery, podiatry, osteopathic medicine and surgery,
genetic counseling, psychology, chiropractic, physical
therapy, physical therapist assisting, nursing, dentistry,
dental hygiene, dental assisting, optometry, speech pathology,
audiology, occupational therapy, occupational therapy
assisting, orthotics, prosthetics, pedorthics, respiratory
care, pharmacy, cosmetology arts and sciences, barbering,
social work, dietetics, applied behavior analysis, marital
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and family therapy or mental health counseling, massage
therapy, mortuary science, polysomnography, athletic training,
acupuncture, nursing home administration, or sign language
interpreting or transliterating, or shall not practice as a
physician assistant or a hearing aid specialist , unless the
person has obtained a license for that purpose from the board
for the profession.
Sec. 97. Section 147.13, subsection 21, Code 2024, is
amended by striking the subsection.
Sec. 98. Section 147.14, subsection 1, paragraph t, Code
2024, is amended by striking the paragraph.
Sec. 99. Section 154A.1, subsection 1, Code 2024, is amended
by striking the subsection.
Sec. 100. Section 154A.1, subsection 6, Code 2024, is
amended to read as follows:
6. “Hearing aid specialist” means any person engaged in the
fitting, dispensing, and sale of hearing aids and providing
hearing aid services or maintenance, by means of procedures
stipulated by this chapter or the board department .
Sec. 101. Section 154A.10, subsection 3, Code 2024, is
amended to read as follows:
3. Pays the necessary fees set by the board department .
Sec. 102. Section 154A.12, subsection 2, Code 2024, is
amended to read as follows:
2. The board department shall not require the applicant to
possess the degree of professional competence normally expected
of physicians.
Sec. 103. Section 154A.13, Code 2024, is amended to read as
follows:
154A.13 Temporary permit.
A person who has not been licensed as a hearing aid
specialist may obtain a temporary permit from the department
upon completion of the application accompanied by the written
verification of employment from a licensed hearing aid
specialist. The department shall issue a temporary permit for
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one year which shall not be renewed or reissued. The fee for
issuance of the temporary permit shall be set by the board
department in accordance with the provisions for establishment
of fees by boards in section 147.80 . The temporary permit
entitles an applicant to engage in the fitting or selection and
sale of hearing aids under the supervision of a person holding
a valid license.
Sec. 104. Section 154A.19, subsection 1, Code 2024, is
amended to read as follows:
1. This chapter shall not prohibit a corporation,
partnership, trust, association, or other organization
maintaining an established business address from engaging in
the business of selling or offering for sale hearing aids at
retail without a license if it employs only licensed hearing
aid specialists in the direct fitting or selection and sale
of hearing aids. Such an organization shall file annually
with the board department a list of all licensed hearing aid
specialists and persons holding temporary permits directly
or indirectly employed by it. Such an organization shall
also file with the board department a statement on a form
approved by the board department that the organization submits
itself to the rules and regulations of the board department
and the provisions of this chapter which the department deems
applicable.
Sec. 105. Section 154A.23, Code 2024, is amended to read as
follows:
154A.23 Disciplinary orders —— attorney general.
The board department shall forward a copy of all final
disciplinary orders, with associated complaints, to the
attorney general for consideration for prosecution or
enforcement when warranted. The attorney general and all
county attorneys shall assist the board and the department in
the enforcement of the provisions of this chapter .
Sec. 106. Section 154A.24, unnumbered paragraph 1, Code
2024, is amended to read as follows:
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The board department may revoke or suspend a license or
temporary permit permanently or for a fixed period for any of
the following causes:
Sec. 107. Section 154A.24, subsection 2, paragraphs e and s,
Code 2024, are amended to read as follows:
e. Representing that the service or advice of a person
licensed to practice medicine, or one who is certificated as
a clinical audiologist by the board of speech pathology and
audiology or its equivalent, will be used or made available in
the fitting or selection, adjustment, maintenance, or repair
of hearing aids when that is not true, or using the words
“doctor”, “clinic”, “clinical audiologist”, “state approved”,
or similar words, abbreviations, or symbols which tend to
connote the medical or other professions, except where the
title “certified hearing aid audiologist” has been granted
by the national hearing aid society, or that the hearing aid
specialist has been recommended by this state or the board
department when such is not accurate.
s. Such other acts or omissions as the board department may
determine to be unethical conduct.
Sec. 108. Section 272C.1, subsection 6, paragraph u, Code
2024, is amended by striking the paragraph.
Sec. 109. REPEAL. Section 154A.7, Code 2024, is repealed.
DIVISION XXIV
HORIZONTAL AND VERTICAL INFRASTRUCTURE BID THRESHOLD
SUBCOMMITTEES
Sec. 110. Section 314.1, subsection 2, Code 2024, is amended
to read as follows:
2. Notwithstanding any other provision of law to the
contrary, a public improvement that involves the construction,
reconstruction, or improvement of a highway, bridge, or culvert
and that has a cost in excess of the applicable threshold in
section 73A.18 , 262.34 , 297.7 , 309.40 , 310.14 , or 313.10 , as
modified by the bid threshold subcommittee director pursuant
to section 314.1B , shall be advertised and let for bid, except
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such public improvements that involve emergency work pursuant
to section 309.40A , 313.10 , or 384.103, subsection 2 . For a
city having a population of fifty thousand or less, a public
improvement that involves the construction, reconstruction, or
improvement of a highway, bridge, or culvert that has a cost
in excess of twenty-five thousand dollars, as modified by the
bid threshold subcommittee director pursuant to section 314.1B ,
shall be advertised and let for bid, excluding emergency work.
However, a public improvement that has an estimated total
cost to a city in excess of a threshold of fifty thousand
dollars, as modified by the bid threshold subcommittee director
pursuant to section 314.1B , and that involves the construction,
reconstruction, or improvement of a highway, bridge, or culvert
that is under the jurisdiction of a city with a population
of more than fifty thousand, shall be advertised and let for
bid. Cities required to competitively bid highway, bridge,
or culvert work shall do so in compliance with the contract
letting procedures of sections 26.3 through 26.12 .
Sec. 111. Section 314.1B, subsection 1, paragraph a, Code
2024, is amended by striking the paragraph.
Sec. 112. Section 314.1B, subsection 1, paragraph b, Code
2024, is amended to read as follows:
b. The subcommittee director, in consultation with industry
and subject matter experts, shall review the competitive bid
thresholds applicable to city and county highway, bridge,
and culvert projects. The subcommittee director shall
review price adjustments for all types of city and county
highway, bridge, and culvert construction, reconstruction, and
improvement projects, based on changes in the construction
price index from the preceding year. Upon completion of the
review the subcommittee director may make adjustments in the
applicable bid thresholds for types of work based on the price
adjustments.
Sec. 113. Section 314.1B, subsection 2, paragraph a, Code
2024, is amended by striking the paragraph.
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Sec. 114. Section 314.1B, subsection 2, paragraphs b, c, d,
and e, Code 2024, are amended to read as follows:
b. The subcommittee appointed under this subsection
director, in consultation with industry and subject matter
experts, shall review the competitive bid thresholds applicable
to governmental entities under chapter 26 . The subcommittee
director shall review price adjustments for all types of
construction, reconstruction, and public improvement projects
based on the changes in the construction price index, building
cost index, and material cost index from the preceding
adjustment. Upon completion of the review the subcommittee
director may make adjustments in the applicable bid thresholds
for types of work based on the price adjustments.
c. The subcommittee shall not make an initial adjustment to
the competitive bid threshold in section 26.3 to be effective
prior to January 1, 2012. Thereafter, the subcommittee The
director shall adjust the bid threshold amount in accordance
with subsection 3 but shall not adjust the bid threshold to an
amount less than the bid threshold applicable to a governmental
entity on January 1, 2007.
d. Beginning July 1, 2006 2024 , the subcommittee director
shall make adjustments to the competitive quotation threshold
amounts in section 26.14 for vertical infrastructure in
accordance with the methodology of paragraph “b” .
e. After 2012, the subcommittee The director shall adjust
the competitive quotation threshold amounts in section 26.14
at the same time and by the same percentage as adjustments are
made to the competitive bid threshold.
Sec. 115. Section 314.1B, subsection 3, Code 2024, is
amended to read as follows:
3. Review —— publication. Each subcommittee The director
shall meet to conduct the review and make the adjustments
described in this section on or before August 1 of every
other year, or of every year if determined necessary by the
subcommittee director . By September 1 of each year in which
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a subcommittee director makes adjustments in the bid or
quotation thresholds, the director shall cause an advisory
notice to be published in the Iowa administrative bulletin and
in a newspaper of general circulation in this state, stating
the adjusted bid and quotation thresholds to be in effect
on January 1 of the following year, as established by the
subcommittees director under this section .
Sec. 116. Section 314.13, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 4A. “Director” means the director of
transportation.
DIVISION XXV
EARLY CHILDHOOD STAKEHOLDERS ALLIANCE
Sec. 117. Section 256I.4, subsection 19, Code 2024, is
amended by striking the subsection and inserting in lieu
thereof the following:
19. Serve as the state advisory council required under the
federal Improving Head Start for School Readiness Act of 2007,
Pub. L. No. 110-134, as designated by the governor.
Sec. 118. REPEAL. Section 256I.12, Code 2024, is repealed.
DIVISION XXVI
PUBLIC FUNDS INTEREST RATES COMMITTEE
Sec. 119. Section 12C.6, subsection 2, paragraphs a, c, d,
e, and f, Code 2024, are amended to read as follows:
a. A committee composed of the superintendent of banking,
the superintendent of credit unions, the auditor of state or
a designee, and the treasurer of state shall meet on or about
the first of each month or at other times as the committee
may prescribe and by majority action The treasurer of state,
in consultation with subject matter experts as needed, shall
establish a minimum rate to be earned on state funds placed in
time deposits.
c. An interest rate established by the committee treasurer
of state under this section shall be in effect commencing
on the eighth calendar day following the day the rate is
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established and until a different rate is established and takes
effect.
d. The committee treasurer of state shall give advisory
notice of an interest rate established under this section .
This notice may be given by publication in one or more
newspapers, by publication in the Iowa administrative bulletin,
by ordinary mail to persons directly affected, by any other
method determined by the committee treasurer of state , or by
a combination of these. In all cases, the notice shall be
published in the Iowa administrative bulletin.
e. The notice shall contain the following words:
The rate of interest has been determined by a committee the
treasurer of state of the state of Iowa to be the minimum
interest rate that shall be paid on public funds deposited in
approved financial institutions. To be eligible to accept
deposits of public funds of the state of Iowa, a financial
institution shall demonstrate a commitment to serve the
needs of the local community in which it is chartered to do
business. These needs include credit services as well as
deposit services. All such financial institutions are required
to provide the committee treasurer of state with a written
description of their commitment to provide credit services in
the community. This statement is available for examination by
citizens.
f. The notice shall also provide the name and address of a
state official to whom inquiries can be sent. Actions of the
committee treasurer of state under this section and section
12C.6A are exempt from chapter 17A .
Sec. 120. Section 12C.6A, subsection 2, Code 2024, is
amended to read as follows:
2. In addition to establishing a minimum interest rate for
public funds pursuant to section 12C.6 , the committee composed
of the superintendent of banking, the superintendent of credit
unions, the auditor of state or a designee, and the treasurer
of state , in consultation with subject matter experts as
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needed, shall develop a list of financial institutions eligible
to accept state public funds. The committee treasurer of state
shall require that a financial institution seeking to qualify
for the list shall annually provide the committee treasurer
of state a written statement that the financial institution
has complied with the requirements of this chapter and has a
commitment to community reinvestment consistent with the safe
and sound operation of a financial institution, unless the
financial institution has received a rating of satisfactory
or higher pursuant to the federal Community Reinvestment
Act, 12 U.S.C. §2901 et seq., and such rating is certified
to the committee treasurer of state by the superintendent of
banking. To qualify for the list, a financial institution must
demonstrate a continuing commitment to meet the credit needs of
the local community in which it is chartered.
Sec. 121. Section 12C.6A, subsection 3, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
The committee treasurer of state may require a financial
institution to provide public notice inviting the public to
submit comments to the financial institution regarding its
community lending activities. Each financial institution shall
maintain a file open to public inspection which contains public
comments received on its community investment activities, and
the financial institution’s response to those comments. The
committee treasurer of state shall adopt procedures for both
of the following:
Sec. 122. Section 12C.6A, subsection 4, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
At least once a year the committee treasurer of state
shall review any challenges that have been filed pursuant
to subsection 3 . The committee treasurer of state may hold
a public hearing to consider the challenge. In considering
a challenge, the committee treasurer of state shall review
documents filed with federal regulatory authorities pursuant to
the Community Reinvestment Act, 12 U.S.C. §2901 et seq., and
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regulations adopted pursuant to the Act, as amended to January
1, 1990. In addition, consistent with the confidentiality of
financial institution records the committee treasurer of state
shall consider other factors including, but not limited to, the
following:
Sec. 123. Section 12C.6A, subsection 5, Code 2024, is
amended to read as follows:
5. a. A person who believes a bank has failed to meet its
community reinvestment responsibility may file a complaint with
the committee treasurer of state detailing the basis for that
belief.
b. If any committee member, in the member’s discretion,
the treasurer of state, in the treasurer’s discretion, finds
that the complaint has merit, the member treasurer of state may
order the bank alleged to have failed to meet its community
reinvestment responsibility to attend and participate in a
meeting with the complainant. The committee member treasurer
of state may specify who, at minimum, shall represent the bank
at the meeting. At the meeting, or at any other time, the bank
may, but is not required to, enter into an agreement with a
complainant to correct alleged failings.
c. A majority of the committee The treasurer of state may
order a bank against which a complaint has been filed pursuant
to this subsection , to disclose such additional information
relating to community reinvestment as required by the order of
the majority of the committee treasurer of state .
d. This subsection does not preempt any other remedies
available under statutory or common law available to the
committee treasurer of state , the superintendent of banking, or
aggrieved persons to cure violations of this section or chapter
524 , or rules adopted pursuant to this section or chapter 524 .
The committee treasurer of state may conduct a public hearing
as provided in subsection 4 based upon the same complaint. An
order finding merit in a complaint and ordering a meeting is
not an election of remedies.
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Sec. 124. Section 524.223, subsection 2, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
If the state bank, director, officer, employee, or
substantial shareholder fails to appear at the hearing it shall
be deemed to have consented to the issuance of a cease and
desist order. In the event of such consent, or if upon the
record made at such hearing, the superintendent shall find that
any violation or unsafe or unsound practice specified in the
notice has been established, the superintendent may issue and
serve upon the state bank, director, officer, employee, or
substantial shareholder an order to cease and desist from any
such violation or practice. Such order may require the state
bank and its directors, officers, employees, and shareholders
to cease and desist from any such violation or practice and,
further, to take affirmative action to correct the conditions
resulting from any such violation or practice. In addition,
if the violation or practice involves a failure to comply with
chapter 12C or any rules adopted pursuant to chapter 12C , the
superintendent may recommend to the committee established under
section 12C.6 treasurer of state that the bank be removed from
the list of financial institutions eligible to accept public
funds under section 12C.6A and may require that during the
current calendar quarter and up to the next succeeding eight
calendar quarters that the bank do any one or more of the
following:
DIVISION XXVII
BOARD OF EXAMINERS OF SHORTHAND REPORTERS
Sec. 125. Section 272C.1, subsection 6, paragraph b, Code
2024, is amended by striking the paragraph.
Sec. 126. Section 602.1209, subsections 9 and 13, Code 2024,
are amended by striking the subsections.
Sec. 127. Section 602.1513, Code 2024, is amended to read
as follows:
602.1513 Per diem compensation.
The supreme court shall set the per diem compensation under
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sections 602.1511 and section 602.1512 at a rate per day not
exceeding the rate specified in section 7E.6 .
Sec. 128. Section 602.3105, Code 2024, is amended to read
as follows:
602.3105 Applications.
Applications for certification shall be on forms prescribed
and furnished by the board department of inspections, appeals,
and licensing and the board department shall not require that
the application contain a photograph of the applicant. An
applicant shall not be denied certification because of age,
citizenship, sex, race, religion, marital status, or national
origin although the application may require citizenship
information. Character references may be required, but shall
not be obtained from certified shorthand reporters.
Sec. 129. Section 602.3106, Code 2024, is amended to read
as follows:
602.3106 Fees —— appropriation.
1. The supreme court department of inspections, appeals,
and licensing shall set the fee for certification examinations.
The fee shall be based on the annual cost of administering the
examinations and upon the administrative costs of sustaining
the activities of the board department of inspections, appeals,
and licensing under this article , which shall include but shall
not be limited to the cost for per diem, expenses, and travel
for board members employees of the department , and office
facilities, supplies, and equipment.
2. The fees collected are appropriated to the judicial
branch department and shall be used to offset the expenses of
the board department , including the costs of administering the
examination.
Sec. 130. Section 602.3107, Code 2024, is amended to read
as follows:
602.3107 Examinations.
The board department of inspections, appeals, and licensing
may administer as many examinations per year as necessary,
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but shall administer at least one examination per year.
The scope of the examinations and the methods of procedure
shall be prescribed by the board department . A written
examination may be conducted by representatives of the board
department . Examinations in theory shall be in writing
and the identity of the person taking the examination shall
be concealed until after the examination papers have been
graded. For examinations in practice, the identity of the
person taking the examination also shall be concealed as far
as possible. Applicants who fail the examination once may
take the examination at the next scheduled time. Thereafter,
the applicant may be allowed to take the examination at the
discretion of the board department . An applicant who has
failed the examination may request in writing information
from the board department concerning the examination grade
and subject areas or questions which the applicant failed to
answer correctly, and the board department shall provide the
information. However, if the board department administers
a uniform, standardized examination, the board department
is only required to provide the examination grade and other
information concerning the applicant’s examination results that
is available to the board department .
Sec. 131. Section 602.3108, Code 2024, is amended to read
as follows:
602.3108 Certification.
The board department of inspections, appeals, and licensing
may issue a certificate to a person of good moral character
and fitness who makes application on a form prescribed and
furnished by the board department and who satisfies the
education, experience, and examination requirements of this
article and rules prescribed by the supreme court pursuant
to this article . The board department may consider the
applicant’s past record of any felony conviction and the
applicant’s past record of disciplinary action with respect to
certification as a shorthand reporter in any jurisdiction. The
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board department may deny certification if the board department
finds the applicant has committed any of the acts listed in
section 602.3203 or has made a false statement of material fact
on the application for certification.
Sec. 132. Section 602.3201, Code 2024, is amended to read
as follows:
602.3201 Requirement of certification —— use of title.
A person shall not engage in the profession of shorthand
reporting unless the person is certified pursuant to this
chapter , or otherwise exempted pursuant to section 602.6603,
subsection 4 . Only a person who is certified by the board
department of inspections, appeals, and licensing may
assume the title of certified shorthand reporter, or use the
abbreviation C.S.R., or any words, letters, or figures to
indicate that the person is a certified shorthand reporter.
Sec. 133. Section 602.3205, subsection 3, Code 2024, is
amended to read as follows:
3. a. An audio or video recording of a certified shorthand
reporter shall be provided to the board department of
inspections, appeals, and licensing upon request by the board
department if a disciplinary proceeding is pending regarding
the certified shorthand reporter who is a respondent under the
provisions of section 602.3203 or the rules of the board of
examiners of shorthand reporters, Iowa court rules, ch. 46
department .
b. The audio and video recordings provided to the
board department pursuant to this subsection shall be kept
confidential by the board department in a manner as provided in
section 272C.6, subsection 4 .
Sec. 134. Section 602.3206, Code 2024, is amended to read
as follows:
602.3206 Exempt status.
If a person’s certification as a shorthand reporter is
placed in exempt status, the person may transcribe or certify
a proceeding the person reported while certified as an active
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shorthand reporter. A person transcribing or certifying a
proceeding pursuant to this section shall remain subject to the
jurisdiction of the board of examiners of shorthand reporters
department of inspections, appeals, and licensing .
Sec. 135. Section 602.3301, subsection 1, unnumbered
paragraph 1, Code 2024, is amended to read as follows:
A member An employee of the board department of inspections,
appeals, and licensing shall not disclose information relating
to the following:
Sec. 136. Section 602.3301, subsection 2, Code 2024, is
amended to read as follows:
2. A member An employee of the board department who
willfully communicates or seeks to communicate information
referred to in subsection 1 , or a person who willfully
requests, obtains, or seeks to obtain information referred to
in subsection 1 , is guilty of a simple misdemeanor.
Sec. 137. Section 602.6603, subsection 5, Code 2024, is
amended to read as follows:
5. Except as provided in subsection 4 , a person shall not
be appointed to the position of court reporter of the district
court unless the person has been certified as a shorthand
reporter by the board of examiners department of inspections,
appeals, and licensing under article 3 .
Sec. 138. REPEAL. Sections 602.1511, 602.3101, 602.3102,
602.3103, and 602.3104, Code 2024, are repealed.
DIVISION XXVIII
MISCELLANEOUS ENTITIES —— STRIKES AND REPEALS
Sec. 139. Section 230A.110, subsection 2, Code 2024, is
amended by striking the subsection.
Sec. 140. Section 266.39, subsections 3 and 5, Code 2024,
are amended by striking the subsections.
Sec. 141. Section 455G.4, Code 2024, is amended by adding
the following new subsection:
NEW SUBSECTION . 7. Repeal. This section is repealed
December 31, 2028. On or before November 29, 2027, the
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department of natural resources, in consultation with the
board, shall propose legislation to the general assembly to
strike or repeal provisions referencing the board and the Iowa
comprehensive petroleum underground storage tank fund created
in section 455G.3 throughout the Code. The remainder of the
moneys in the Iowa comprehensive petroleum underground storage
tank fund on December 31, 2028, shall be transferred to the
storage tank management account of the groundwater protection
fund created in section 455E.11.
Sec. 142. Section 602.6405, subsection 3, Code 2024, is
amended to read as follows:
3. The criminal procedure before magistrates is as provided
in chapters 804 , 806 , 808 , 811 , and 820 and 821 and rules
ofcriminal procedure 2.1 , 2.2 , 2.5 , 2.7 , 2.8 , and 2.51 to 2.75 .
The civil procedure before magistrates shall be as provided in
chapters 631 and 648 .
Sec. 143. Section 906.4, subsection 2, paragraph b, Code
2024, is amended by striking the paragraph.
Sec. 144. REPEAL. Sections 7D.15, 80E.2, 155A.2A, 206.23A,
206.23B, 237A.23, 252B.22, 256.17, 312.3D, 328.13, 423.9A,
455B.150, 455B.151, 461A.79, 461A.80, 466B.31, 475A.7, 691.6B,
and 907B.3, Code 2024, are repealed.
Sec. 145. REPEAL. Chapters 473A and 821, Code 2024, are
repealed.
DIVISION XXIX
TRANSITION PROVISIONS
Sec. 146. TRANSITION PROVISIONS.
1. A rule adopted by a government body eliminated in this
Act that is in force and effect immediately prior to the
effective date of this division of this Act shall continue in
full force and effect until the earlier of the following:
a. The rule is amended, rescinded, or supplemented by the
affirmative action of the government body under which the
former government body was organized or that is assuming the
duties of the eliminated government body.
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b. The rule expires by its own terms.
2. Any license or permit issued by a government body
eliminated in this Act in effect on the effective date of this
division of this Act shall continue in full force and effect
until expiration or renewal.
3. Any moneys in any account or fund of, and all client and
organizational files in the possession of, any government body
eliminated in this Act shall be transferred to the control of
the state agency or department under which the government body
was organized or that is assuming the duties of the eliminated
government body.
4. Any personnel in the state merit system of employment
who are mandatorily transferred due to the effect of this Act
shall be so transferred without any loss in salary, benefits,
or accrued years of service.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to boards, commissions, committees,
councils, and other entities of state government. The bill is
organized in divisions.
CAPITOL PLANNING COMMISSION. The bill eliminates the
capitol planning commission and transfers its duties to the
department of administrative services.
FIRE EXTINGUISHING SYSTEM CONTRACTORS AND ALARM SYSTEMS
ADVISORY BOARD. The bill eliminates the fire extinguishing
system contractors and alarm systems advisory board and
transfers its duties to the department of inspections, appeals,
and licensing.
CONSERVATION EDUCATION PROGRAM BOARD. The bill eliminates
the conservation education program board and transfers its
duties to the department of natural resources.
PRISON INDUSTRIES ADVISORY BOARD. The bill eliminates the
prison industries advisory board and transfers its duties to
the department of corrections.
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COMMUNITY COLLEGE FACULTY ADVISORY COMMITTEE AND QUALITY
FACULTY PLAN PROFESSIONAL DEVELOPMENT COMMITTEE. The bill
eliminates the community college faculty advisory committee and
quality faculty plan professional development committee.
COMMISSION ON EDUCATOR LEADERSHIP AND COMPENSATION. The
bill eliminates the commission on educator leadership and
compensation and transfers its duties to the department of
education.
TELECOMMUNICATIONS ADVISORY COMMITTEE. The bill eliminates
the telecommunications advisory committee.
INTEGRATED ROADSIDE VEGETATION MANAGEMENT TECHNICAL ADVISORY
COMMITTEE. The bill eliminates the integrated roadside
vegetation management technical advisory committee.
TOURIST SIGNING COMMITTEE. The bill eliminates the tourist
signing committee.
ADVISORY COMMITTEE FOR PERINATAL GUIDELINES. The bill
eliminates the advisory committee for perinatal guidelines.
CHILD CARE ADVISORY COMMITTEE. The bill eliminates the
child care advisory committee.
DEPENDENT ADULT PROTECTIVE ADVISORY COUNCIL. The bill
eliminates the dependent adult protective advisory council and
transfers its duties to the department of health and human
services.
COUNTY CARE FACILITIES MENTAL HEALTH AND DISABILITY SERVICES
STANDARDS ADVISORY COMMITTEE. The bill eliminates the county
care facilities mental health and disability services standards
advisory committee.
911 COMMUNICATIONS COUNCIL. The bill eliminates the 911
communications council.
IOWA CULTURAL TRUST BOARD OF TRUSTEES. The bill eliminates
the Iowa cultural trust board of trustees and transfers its
duties to the economic development authority.
IOWA GREAT PLACES BOARD. The bill eliminates the Iowa
great places board and transfers its duties to the economic
development authority.
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FARM DEER COUNCIL. The bill eliminates the farm deer
council.
GRAIN INDUSTRY PEER REVIEW PANEL. The bill eliminates the
grain industry peer review panel.
ORGANIC ADVISORY COUNCIL. The bill eliminates the organic
advisory council.
WELL CONTRACTORS’ COUNCIL. The bill eliminates the well
contractors’ council.
INTERSTATE COOPERATION COMMISSION. The bill eliminates the
interstate cooperation commission.
STATE BUILDING CODE ADVISORY COUNCIL. The bill eliminates
the state building code advisory council and transfers
its duties to the department of inspections, appeals, and
licensing.
BOARD OF HEARING AID SPECIALISTS. The bill eliminates the
board of hearing aid specialists and transfers its duties to
the department of inspections, appeals, and licensing.
HORIZONTAL AND VERTICAL INFRASTRUCTURE BID THRESHOLD
SUBCOMMITTEES. The bill eliminates the horizontal and vertical
infrastructure bid threshold subcommittees and transfers their
duties to the director of transportation, who shall consult
with industry and subject matter experts.
EARLY CHILDHOOD STAKEHOLDERS ALLIANCE. The bill eliminates
the early childhood stakeholders alliance and makes the early
childhood Iowa state board the state advisory council required
under the federal Improving Head Start for School Readiness Act
of 2007.
PUBLIC FUNDS INTEREST RATES COMMITTEE. The bill eliminates
the public funds interest rates committee and transfers its
duties to the treasurer of state, who may consult with subject
matter experts as needed.
BOARD OF EXAMINERS OF SHORTHAND REPORTERS. The bill
eliminates the board of examiners of shorthand reporters and
transfers its duties to the department of inspections, appeals,
and licensing.
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MISCELLANEOUS ENTITIES —— STRIKES AND REPEALS. The bill
eliminates the community mental health centers mental health
and disability services standards advisory committee, Leopold
center for sustainable agriculture advisory board, public
policy research foundation, drug policy advisory council,
alternate members for the board of pharmacy, commercial
pesticide applicator peer review panel, private pesticide
applicator peer review panel, leadership council for child care
training and development, child support services task force on
liens and motor vehicle registrations, postsecondary course
audit committee, street construction fund distribution advisory
committee, commercial air service retention and expansion
committee, Iowa streamlined sales tax advisory council, federal
Clean Air Act compliance advisory panel, advisory council for
public outdoor recreation and resources and the associated
funding program, watershed planning advisory council, consumer
advisory panel, and interagency coordinating council. The bill
repeals membership provisions for the interstate compact for
adult offender supervision.
The bill eliminates the Iowa comprehensive petroleum
underground storage tank fund board effective December 31,
2028, and requires the department of natural resources, in
consultation with the board, to submit conforming legislation.
The bill repeals the midwest energy compact and the
agreement on detainers compact.
TRANSITION PROVISIONS. The bill provides that a rule
adopted by a government body eliminated by the bill that is
in force and effect immediately prior to July 1, 2024, shall
continue in full force and effect until it expires by its
own terms or is repealed by the relevant government body. A
license or permit issued by a government body eliminated by the
bill that is in effect on July 1, 2024, continues in full force
and effect until expiration or renewal. The bill transfers
control of moneys and client and organizational files in the
possession of an entity eliminated by the bill to the control
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of the government body assuming control of the duties of the
former government body.
The bill provides that personnel in the state merit system of
employment who are mandatorily transferred due to the effect of
the bill shall be so transferred without any loss in salary,
benefits, or accrued years of service.
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