Bill Text: IA HF2585 | 2019-2020 | 88th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act relating to the terminology used in relation to the deaf and hard-of-hearing persons. (Formerly HF 2396.) Effective date: 07/01/2020.

Spectrum: Committee Bill

Status: (Passed) 2020-06-25 - Signed by Governor. H.J. 791. [HF2585 Detail]

Download: Iowa-2019-HF2585-Amended.html

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House File 2585 - Reprinted
HOUSE FILE 2585
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HF 2396)
(As Amended and Passed by the House March 4, 2020 )
A BILL FOR
An Act relating to the terminology used in relation to the deaf
and hard-of-hearing persons.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 34.2, subsection 4, Code 2020, is amended
to read as follows:
4. A 911 system shall be capable of transmitting requests
for law enforcement, fire fighting, and emergency medical
and ambulance services to a public safety agency or agencies
that provide the requested service at the place where the call
originates. A 911 system may also provide for transmitting
requests for emergency management, poison control, suicide
prevention, and other emergency services. The public safety
answering point shall be capable of receiving calls from deaf
and hard-of-hearing persons through a telecommunications device
for the deaf and hard of hearing . Conferencing capability
with counseling, aid to persons with disabilities, and other
services as deemed necessary for identifying appropriate
emergency response services may be provided by the 911 service.
A public safety answering point may transmit emergency
response requests to private safety entities.
Sec. 2. Section 34A.9, Code 2020, is amended to read as
follows:
34A.9 Telecommunications devices for the persons with speech
disorders and hearing-impaired the deaf and hard of hearing .
Each public safety answering point shall provide for the
installation and use of telecommunications devices for the
persons with speech disorders and hearing-impaired for the deaf
and hard of hearing .
Sec. 3. Section 100.18, subsection 2, paragraph c, Code
2020, is amended to read as follows:
c. An owner or an owner’s agent of a multiple-unit
residential building or single-family dwelling shall supply
light-emitting smoke detectors, upon request, for a tenant with
a who is deaf or hard of hearing impairment .
Sec. 4. Section 100.18, subsection 3, paragraph c, Code
2020, is amended to read as follows:
c. An owner of a multiple-unit residential building or
a single-family rental unit that has a fuel-fired heater or
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appliance, a fireplace, or an attached garage, or an owner’s
agent, shall supply light-emitting carbon monoxide alarms, upon
request, for a tenant with a who is deaf or hard of hearing
impairment .
Sec. 5. Section 135L.2, subsection 1, paragraph a,
subparagraph (1), Code 2020, is amended to read as follows:
(1) A video, to be developed by a person selected through a
request for proposals process or other contractual agreement,
which provides information regarding the various options
available to a pregnant minor with regard to the pregnancy,
including a decision to continue the pregnancy to term and
retain parental rights following the child’s birth, a decision
to continue the pregnancy to term and place the child for
adoption following the child’s birth, and a decision to
terminate the pregnancy through abortion. The video shall
provide the information in a manner and language, including
but not limited to the use of closed captioning for the
hearing-impaired deaf and hard of hearing , which could be
understood by a minor.
Sec. 6. Section 147.14, subsection 1, paragraph u, Code
2020, is amended to read as follows:
u. For sign language interpreting and transliterating, four
members licensed to practice interpreting and transliterating,
three of whom shall be practicing interpreters and
transliterators at the time of appointment to the board and
at least one of whom is employed in an educational setting;
and three members who are consumers of interpreting or
transliterating services as defined in section 154E.1 , each of
whom shall be deaf or hard of hearing .
Sec. 7. Section 154A.1, subsection 4, Code 2020, is amended
to read as follows:
4. “Hearing aid” means a wearable instrument or device
designed for or offered for the purpose of aiding or
compensating for impaired human hearing disorders , and any
parts, attachments, or accessories, including earmold, but
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excluding batteries and cords.
Sec. 8. Section 154A.24, subsection 3, paragraph p, Code
2020, is amended to read as follows:
p. Stating or implying that the use of a hearing aid will
restore normal hearing or preserve hearing or prevent or retard
progressions of hearing impairment disorders or any other false
or misleading claim regarding the use or benefit of a hearing
aid.
Sec. 9. Section 216A.113, subsection 1, Code 2020, is
amended to read as follows:
1. The commission of deaf services is established, and shall
consist of seven voting members appointed by the governor,
subject to confirmation by the senate pursuant to section
2.32 . Membership of the commission shall include at least four
members who are deaf and who cannot hear human speech with or
without use of amplification and at least one member who is
hard of hearing. All members shall reside in Iowa.
Sec. 10. Section 235A.15, subsection 2, paragraph c,
subparagraph (5), Code 2020, is amended to read as follows:
(5) To the superintendent of the Iowa school for the deaf
if the data concerns a person employed or being considered for
employment or living in the school.
Sec. 11. Section 256B.3, subsection 9, Code 2020, is amended
to read as follows:
9. To cooperate with existing agencies such as the
department of human services, the Iowa department of public
health, the state Iowa school for the deaf, the Iowa braille
and sight saving school, the children’s hospitals, or other
agencies concerned with the welfare and health of children
requiring special education in the coordination of their
educational activities for such children.
Sec. 12. Section 262.7, subsection 5, Code 2020, is amended
to read as follows:
5. The state Iowa school for the deaf.
Sec. 13. Section 262.9, subsection 2, Code 2020, is amended
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to read as follows:
2. Elect a president of each of the institutions of higher
learning; a superintendent of each of the other institutions;
a treasurer and a secretarial officer for each institution
annually; professors, instructors, officers, and employees;
and fix their compensation. Sections 279.12 through 279.19
and section 279.27 apply to employees of the Iowa braille and
sight saving school and the state Iowa school for the deaf,
who are licensed pursuant to chapter 272 . In following those
sections in chapter 279 , the references to boards of directors
of school districts shall be interpreted to apply to the board
of regents.
Sec. 14. Section 262.43, Code 2020, is amended to read as
follows:
262.43 Students residing on state-owned land.
The state board of regents shall pay to the local school
boards the tuition payments and transportation costs, as
otherwise authorized by statutes for the elementary or high
school education of students residing on land owned by the
state and under the control of the state board of regents.
Such payments for the three institutions of higher learning,
the state university of Iowa, the Iowa state university of
science and technology, and the university of northern Iowa,
shall be made from the funds of the respective institutions
other than state appropriations, and for the two noncollegiate
institutions, the Iowa braille and sight saving school and the
state Iowa school for the deaf, the payments and costs shall be
paid from moneys appropriated to the state board of regents.
Sec. 15. Section 263.11, subsection 2, Code 2020, is amended
to read as follows:
2. Persons who are not eligible for admission to the schools
already established for persons with an intellectual disability
or epilepsy or persons who are deaf or hard of hearing or
blind.
Sec. 16. Section 270.1, Code 2020, is amended to read as
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follows:
270.1 Superintendent.
The superintendent of the school for the deaf shall be
a trained and experienced educator of the deaf and hard of
hearing . The superintendent’s salary may include residence in
the institution, but no such allowance shall be made except by
express contract in advance.
Sec. 17. Section 270.3, Code 2020, is amended to read as
follows:
270.3 Admission.
Any resident of the state less than twenty-one years of
age, who has a hearing loss which is too severe to acquire an
education in the public schools is eligible to attend the Iowa
school for the deaf. Nonresidents similarly situated may be
admitted to an education therein upon such terms as may be
fixed by the state board of regents. The fee for nonresidents
shall be not less than the average expense of resident pupils
and shall be paid in advance.
Sec. 18. Section 270.9, Code 2020, is amended to read as
follows:
270.9 School Iowa school for the deaf and the Iowa braille
and sight saving school.
Funds appropriated to the Iowa school for the deaf and
the Iowa braille and sight saving school for payments to the
parents or guardians of pupils in either institution shall be
expended as follows:
1. Transportation reimbursement at a rate established
annually by the state board of regents to the parents or
guardians of children who do not reside in the institution, but
are transported to the institution on a daily basis.
2. Transportation reimbursement at a rate established
annually by the state board of regents to the parents or
guardians for transportation from the institution to the
residence of the parent or guardian and return to the
institution for children who reside in the institution.
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Sec. 19. Section 270.10, subsection 1, Code 2020, is amended
to read as follows:
1. The state board of regents shall not merge the Iowa
school for the deaf at Council Bluffs with the Iowa braille
and sight saving school at Vinton or close either of those
institutions until all of the following requirements have been
met:
a. The department of management has presented to the general
assembly a comprehensive plan, program, and fiscal analysis of
the existing circumstances and the circumstances which would
prevail upon the proposed merger or closing, together with
data which would support the contention that the merger or
closing will be more efficient and effective than continuation
of the existing facilities. The analysis shall include a
detailed study of the educational implications of the merger
or closing, the impact on the students, and the opinions and
research of nationally recognized experts in the field of the
education of visually impaired and deaf or hard-of-hearing
students. The comprehensive plan shall further include a
study relating to the programming, fiscal consequences, and
political implications which would result if either a merger or
an agreement under chapter 28E should be implemented between
the Iowa school for the deaf in Council Bluffs and comparable
state programs in the state of Nebraska.
b. The general assembly has studied the plans, programs, and
fiscal analysis and has reviewed their impact on the programs.
c. The general assembly has enacted legislation authorizing
either the closing or the merger to take effect not sooner than
two years after the enactment of the legislation.
Sec. 20. Section 280.16, subsection 7, Code 2020, is amended
to read as follows:
7. The Iowa braille and sight saving school, the state Iowa
school for the deaf, and the institutions under the control of
the department of human services as provided in section 218.1
are exempt from the provisions of this section .
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Sec. 21. Section 299.18, Code 2020, is amended to read as
follows:
299.18 Education of certain children who are deaf or hard of
hearing , blind, or have severe disabilities.
Children who are of compulsory attendance age and who are
so deaf or hard of hearing, or blind , or have such severe
disabilities so as to be unable to obtain an education in the
public or accredited nonpublic schools shall be sent to the
appropriate state-operated school, or shall receive appropriate
special education under chapter 256B , unless exempted, and
any person having such a child under the person’s control or
custody shall see that the child attends the state-operated
school or special education program during the scholastic year.
Sec. 22. Section 299.19, Code 2020, is amended to read as
follows:
299.19 Proceeding against parent.
Upon the failure of a person having the custody and control
of a child who is blind, deaf or hard of hearing , or has severe
disabilities to require the child’s attendance as provided in
section 299.18 , the state board of regents may make application
to the district court or the juvenile court of the county in
which the person resides for an order requiring the person to
compel the attendance of the child at the proper state-operated
school.
Sec. 23. Section 299.22, Code 2020, is amended to read as
follows:
299.22 When deaf or hard of hearing and blind children
excused.
Attendance at the state-operated school may be excused when
the superintendent of the state-operated school certifies that
an interdisciplinary staffing team has determined, pursuant to
the requirements of chapter 256B , that the child is efficiently
taught for the scholastic year in an accredited nonpublic or
other school devoted to the instruction, by a private tutor, in
the public schools, or is shown to be physically or mentally
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unable to attend school under section 299.5 .
Sec. 24. Section 299.23, Code 2020, is amended to read as
follows:
299.23 Agent of state board of regents.
The state board of regents may employ an agent to aid in
the enforcement of law relative to the education of deaf or
hard-of-hearing children and blind children. The agent shall
seek out children who should be in attendance at the state
schools but who are not, and require such attendance. The
agent shall institute proceedings against persons who violate
the provisions of said law. The agent shall be allowed
compensation at a rate fixed by the board of regents, and
necessary traveling and hotel expenses while away from home in
the performance of duty.
Sec. 25. Section 331.381, subsection 9, Code 2020, is
amended to read as follows:
9. Comply with chapters 269 and 270 in regard to the payment
of costs for pupils at the Iowa braille and sight saving school
and the Iowa school for the deaf.
Sec. 26. Section 331.502, subsection 15, Code 2020, is
amended to read as follows:
15. Carry out duties relating to the collection and payment
of funds for educating and supporting deaf and hard-of-hearing
students as provided in sections 270.6 and 270.7 .
Sec. 27. Section 331.552, subsection 13, Code 2020, is
amended to read as follows:
13. Make transfer payments to the state for school expenses
for blind and deaf and hard-of-hearing children and support of
persons with mental illness as provided in sections 230.21 ,
269.2 , and 270.7 .
Sec. 28. Section 477C.1, Code 2020, is amended to read as
follows:
477C.1 Dual party relay service —— purpose.
The general assembly finds that the provision of a statewide
dual party relay service will further the public interest and
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protect the health, safety, and welfare of the people of Iowa
through an increase in the usefulness and availability of the
telephone system. Many persons who are deaf, hard-of-hearing,
or have speech impairments disorders are not able to utilize
the telephone system without this type of service. Therefore,
it is the purpose of this chapter to enable the orderly
development, operation, promotion, and funding of a statewide
dual party relay service.
Sec. 29. Section 477C.2, subsections 2, 4, and 5, Code 2020,
are amended to read as follows:
2. “Communication impairment disorder ” means the
inability to use the telephone for communication without a
telecommunications device for the deaf and hard of hearing .
4. “Dual party relay service” or “relay service” means a
communication service which provides communication-impaired
persons with communication disorders access to the telephone
system functionally equivalent to the access available to
persons not communication-impaired without communication
disorders .
5. “Telecommunications device for the deaf and hard of
hearing ” means any specialized or supplemental telephone
equipment used by communication-impaired persons with
communication disorders to provide access to the telephone
system.
Sec. 30. Section 477C.3, subsection 2, Code 2020, is amended
to read as follows:
2. The relay service, to the extent reasonably possible,
shall allow persons with communication impairments disorders to
use the telephone system in a manner and at a rate equivalent
to persons without communication impairments disorders .
Sec. 31. Section 477C.4, Code 2020, is amended to read as
follows:
477C.4 Telecommunications devices for the deaf and hard of
hearing .
With the advice of the council, the board may plan,
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establish, administer, and promote a program to secure,
finance, and distribute telecommunications devices for the
deaf and hard of hearing . The board may establish eligibility
criteria for persons to receive telecommunications devices
for the deaf and hard of hearing , including , but not limited
to , requiring certification that the recipient cannot use the
telephone for communication without a telecommunications device
for the deaf and hard of hearing .
Sec. 32. Section 477C.5, subsection 2, paragraph a, Code
2020, is amended to read as follows:
a. Six consumers who have communication impairments
disorders .
Sec. 33. Section 483A.24, subsection 7, Code 2020, is
amended to read as follows:
7. A license shall not be required of minor pupils of the
state school for the blind, state Iowa school for the deaf,
or of minor residents of other state institutions under the
control of an administrator of a division of the department
of human services. In addition, a person who is on active
duty with the armed forces of the United States, on authorized
leave from a duty station located outside of this state, and
a resident of the state of Iowa shall not be required to
have a license to hunt or fish in this state. The military
person shall carry the person’s leave papers and a copy of
the person’s current earnings statement showing a deduction
for Iowa income taxes while hunting or fishing. In lieu of
carrying the person’s earnings statement, the military person
may also claim residency if the person is registered to vote
in this state. If a deer or wild turkey is taken, the military
person shall immediately contact a state conservation officer
to obtain an appropriate tag to transport the animal. A
license shall not be required of residents of county care
facilities or any person who is receiving supplementary
assistance under chapter 249 .
Sec. 34. CODE EDITOR’S DIRECTIVE. The Code editor
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shall correct and eliminate any references to the term
“hearing impaired” or other forms of the term and shall
update references anywhere else in the Iowa Code, in any
bills awaiting codification, and in any bills enacted by the
Eighty-eighth General Assembly, 2020 Regular Session, or any
extraordinary session, in accordance with this Act.
Sec. 35. ADMINISTRATIVE CODE EDITOR DIRECTIVE. The
administrative rules coordinator and the administrative rules
review committee, in consultation with the administrative code
editor, shall jointly develop a schedule for the necessary
updating of the Iowa administrative code to update references
in accordance with this Act.
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