Senate File 2377 - Introduced SENATE FILE 2377 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3144) (COMPANION TO HF 2550 BY COMMITTEE ON STATE GOVERNMENT) A BILL FOR An Act relating to the organization, structure, and functions 1 of state and local governments, providing for salaries 2 of certain state officers, making statutory corrections, 3 resolving inconsistencies, removing ambiguities, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5333SV (1) 90 md/ns

S.F. 2377 DIVISION I 1 NATURAL RESOURCES 2 Section 1. Section 233A.15, Code 2024, is amended to read 3 as follows: 4 233A.15 Transfers Assignments to work in parks. 5 1. The director may assign children from the state training 6 school deemed trustworthy, to perform services for the 7 department of natural resources within the state parks, state 8 game and forest areas, and other lands under the jurisdiction 9 of the department of natural resources. The department of 10 natural resources shall provide permanent housing and work 11 guidance supervision, but the care and custody of the children 12 assigned shall remain with the department. All programs shall 13 have as their primary purpose and shall provide for inculcation 14 or the activation of attitudes, skills, and habit patterns 15 which will be conducive to the habilitation of the children 16 involved. 17 2. The director may use state-owned mobile housing 18 equipment and facilities in performing services at temporary 19 locations in the areas described in subsection 1 . 20 DIVISION II 21 DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING 22 Sec. 2. Section 10A.309, Code 2024, is amended to read as 23 follows: 24 10A.309 Interest in affected business. 25 It shall be unlawful for the The commissioner to shall not 26 be financially interested in any business enterprise coming 27 under or affected by this subchapter during the commissioner’s 28 term of while in office, and if the commissioner violates 29 this statute, it shall be sufficient grounds for removal from 30 office, and in such case the governor shall at once declare the 31 office vacant and appoint another to fill the vacancy. 32 Sec. 3. Section 10A.310, subsection 2, Code 2024, is amended 33 to read as follows: 34 2. Subject to the approval of the director of the department 35 -1- LSB 5333SV (1) 90 md/ns 1/ 88

S.F. 2377 of workforce development , the commissioner may enter into 1 contracts with any state agency, with or without reimbursement, 2 for the purpose of obtaining the services, facilities, and 3 personnel of the agency and with the consent of any state 4 agency or political subdivision of the state, accept and use 5 the services, facilities, and personnel of the agency or 6 political subdivision, and employ experts and consultants or 7 organizations in order to expeditiously, efficiently, and 8 economically effectuate the purposes of this chapter . The 9 agreements under this subsection are subject to approval by the 10 executive council if approval is required by law. 11 Sec. 4. Section 10A.504, subsection 1, unnumbered paragraph 12 1, Code 2024, is amended to read as follows: 13 The director shall appoint and supervise a full-time an 14 executive director for each of the following boards: 15 Sec. 5. Section 10A.507, subsection 2, Code 2024, is amended 16 to read as follows: 17 2. The fund shall consist of moneys and fees collected by 18 the department for deposit in the fund and other moneys as 19 provided by law . 20 Sec. 6. Section 91C.4, Code 2024, is amended to read as 21 follows: 22 91C.4 Fees. 23 The director shall prescribe the fee for registration, 24 which fee shall not exceed fifty dollars every per year. All 25 fees collected under this chapter shall be deposited in the 26 licensing and regulation fund created in section 10A.507. 27 Sec. 7. Section 135C.9, subsection 1, paragraph b, Code 28 2024, is amended to read as follows: 29 b. The facility has been inspected by the director , who may 30 be a member of a municipal fire department, or the director’s 31 designee and the department has received either a certificate 32 of compliance or a provisional certificate of compliance by 33 the facility with the fire hazard and fire safety rules and 34 standards of the department as promulgated by the director 35 -2- LSB 5333SV (1) 90 md/ns 2/ 88

S.F. 2377 and, where applicable, the fire safety standards required for 1 participation in programs authorized by either Tit. XVIII or 2 Tit. XIX of the United States Social Security Act, codified at 3 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The certificate or 4 provisional certificate shall be signed by the director or the 5 director’s designee who made the inspection. If the director 6 or director’s designee finds a deficiency upon inspection, the 7 notice to the facility shall be provided in a timely manner 8 and shall specifically describe the nature of the deficiency, 9 identifying the Code section or subsection provision or the 10 rule or standard violated. The notice shall also specify the 11 time allowed for correction of the deficiency, at the end of 12 which time the director or director’s designee shall perform 13 a follow-up inspection. 14 Sec. 8. Section 147.80, Code 2024, is amended to read as 15 follows: 16 147.80 Establishment of fees —— administrative costs. 17 1. Each board , following approval by the department, may , or 18 at the direction of the department, shall by rule establish or 19 revise fees for the following based on the costs of sustaining 20 the board and the actual costs of the service : 21 a. Examinations. 22 b. Licensure, certification, or registration. 23 c. Renewal of licensure, certification, or registration. 24 d. Renewal of licensure, certification, or registration 25 during the grace period. 26 e. Reinstatement or reactivation of licensure, 27 certification, or registration. 28 f. Issuance of a certified statement that a person is 29 licensed, registered, or has been issued a certificate to 30 practice in this state. 31 g. Issuance of a duplicate license, registration, or 32 certificate, which shall be so designated on its face. A board 33 may require satisfactory proof that the original license, 34 registration, or certificate issued by the board has been lost 35 -3- LSB 5333SV (1) 90 md/ns 3/ 88

S.F. 2377 or destroyed. 1 h. Issuance of a renewal card. 2 i. Verification of licensure, registration, or 3 certification. 4 j. Returned checks. 5 k. Inspections. 6 2. Each board The department shall annually prepare 7 estimates of projected revenues to be generated by the all 8 fees received by the board collected as well as a projection 9 of the fairly apportioned aggregate administrative costs and 10 rental expenses attributable to the board all boards and the 11 division of the department responsible for licensing related to 12 such boards . Each board The department shall annually review 13 and , if necessary, direct the boards to adjust its the schedule 14 of fees to cover aggregate projected expenses and ensure fees 15 imposed in this state are not greater than similar fees imposed 16 by similar boards or agencies in other states . The department 17 shall annually provide to each appropriate board a comparison 18 of the amount of the board’s fees as compared to similar fees 19 imposed by similar boards or agencies in other states. 20 3. a. The board of medicine, the board of pharmacy, the 21 dental board, and the board of nursing shall retain individual 22 an executive officers director pursuant to section 10A.504 , but 23 to the extent possible shall share administrative, clerical, 24 and investigative staff . 25 b. An individual executive director may be appointed and 26 serve as the executive director of one or more of the boards 27 specified under paragraph “a” . 28 Sec. 9. Section 152.2, Code 2024, is amended to read as 29 follows: 30 152.2 Executive director. 31 The board shall retain a full-time an executive director, 32 who shall be appointed pursuant to section 10A.504 . The 33 executive director shall be a registered nurse. The governor, 34 with the approval of the executive council pursuant to section 35 -4- LSB 5333SV (1) 90 md/ns 4/ 88

S.F. 2377 8A.413, subsection 3 , under the pay plan for exempt positions 1 in the executive branch of government, shall set the salary of 2 the executive director. 3 Sec. 10. Section 153.33B, unnumbered paragraph 1, Code 4 2024, is amended to read as follows: 5 A full-time An executive director shall be appointed as 6 provided under section 10A.504 . The executive director shall 7 not be a member of the board. The duties of the executive 8 director shall be the following: 9 Sec. 11. Section 231B.4, Code 2024, is amended to read as 10 follows: 11 231B.4 Zoning —— fire and safety standards. 12 An elder group home shall be located in an area zoned 13 for single-family or multiple-family housing or in an 14 unincorporated area and shall be constructed in compliance with 15 applicable local housing codes and the rules adopted for the 16 special classification by the department. In the absence of 17 local building codes, the facility shall comply with the state 18 plumbing code established pursuant to section 135.11 105.4 and 19 the state building code established pursuant to section 103A.7 20 and the rules adopted for the special classification by the 21 department. The rules adopted for the special classification 22 by the department regarding second floor occupancy shall take 23 into consideration the mobility of the tenants. 24 Sec. 12. Section 272C.1, subsection 6, Code 2024, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH . ag. The real estate appraiser examining 27 board, created pursuant to chapter 543D. 28 Sec. 13. REPEAL. Section 91C.9, Code 2024, is repealed. 29 Sec. 14. TRANSFER. Moneys remaining in the contractor 30 registration revolving fund at the end of the fiscal year 31 beginning July 1, 2023, shall be transferred to the licensing 32 and regulation fund created in section 10A.507. 33 DIVISION III 34 DEPARTMENT OF TRANSPORTATION 35 -5- LSB 5333SV (1) 90 md/ns 5/ 88

S.F. 2377 Sec. 15. Section 321.383, subsections 1 and 2, Code 2024, 1 are amended to read as follows: 2 1. This chapter with respect to equipment on vehicles does 3 not apply to implements of husbandry, road machinery, or bulk 4 spreaders and other fertilizer and chemical equipment defined 5 as special mobile equipment, except as made applicable in this 6 section . However, the movement of implements of husbandry on a 7 roadway is subject to safety rules adopted by the department of 8 public safety . The safety rules shall prohibit the movement 9 of any power unit towing more than one implement of husbandry, 10 except implements of husbandry that are not self-propelled and 11 are capable of being towed in tandem, from the manufacturer 12 to the retail seller, from the retail seller to the farm 13 purchaser, or from the manufacturer to the farm purchaser. 14 2. When operated on a highway in this state at a speed 15 of thirty-five miles per hour or less, every farm tractor, 16 or tractor with towed equipment, self-propelled implement of 17 husbandry, road construction or maintenance vehicle, road 18 grader, horse-drawn vehicle, or any other vehicle principally 19 designed for use off the highway and any such tractor, 20 implement, vehicle, or grader when manufactured for sale or 21 sold at retail after December 31, 1971, shall be identified 22 with a reflective device in accordance with the standards of 23 the American society of agricultural engineers; however, this 24 provision shall not apply to such vehicles when traveling in 25 an escorted parade. If a person operating a vehicle drawn 26 by a horse or mule objects to using a reflective device 27 that complies with the standards of the American society of 28 agricultural engineers for religious reasons, the vehicle may 29 be identified by an alternative reflective device that is in 30 compliance with rules adopted by the department of public 31 safety . The reflective device or alternative reflective device 32 shall be visible from the rear. A vehicle other than those 33 specified in this section shall not display a reflective device 34 or an alternative reflective device. On vehicles operating at 35 -6- LSB 5333SV (1) 90 md/ns 6/ 88

S.F. 2377 speeds above thirty-five miles per hour, the reflective device 1 or alternative reflective device shall be removed or hidden 2 from view. 3 Sec. 16. Section 307.12, subsection 1, paragraph f, Code 4 2024, is amended to read as follows: 5 f. Present the department’s proposed budget to the 6 commission prior to December March 31 of each immediately 7 preceding the applicable fiscal year. 8 Sec. 17. Section 307.12, subsection 1, Code 2024, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . 0l. Establish divisions within the 11 department as necessary or desirable in addition to any 12 departmental division required or established by law. 13 Sec. 18. Section 307.12, subsection 2, Code 2024, is amended 14 to read as follows: 15 2. If in the interest of the state, the director may allow 16 a subsistence expense to an employee under the supervision 17 of the department’s administrator responsible for highway 18 programs and activities for continuous stay in one location 19 while on duty away from established headquarters and place 20 of domicile for a period not to exceed forty-five days; and 21 allow automobile expenses in accordance with section 8A.363 , 22 for moving an employee and the employee’s family from place of 23 present domicile to new domicile, and actual transportation 24 expense for moving of household goods. The household goods for 25 which transportation expense is allowed shall not include pets 26 or animals. 27 Sec. 19. Section 307.21, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. The department’s administrator responsible for the 30 operations and finances of the department shall: 31 a. Provide for the proper maintenance and protection of 32 the grounds, buildings, and equipment of the department, in 33 cooperation with the department of administrative services. 34 b. Establish, supervise, and maintain a system of 35 -7- LSB 5333SV (1) 90 md/ns 7/ 88

S.F. 2377 centralized electronic data processing for the department, in 1 cooperation with the department of administrative services 2 management . 3 c. Assist the director in preparing Prepare the departmental 4 budget. 5 d. Provide centralized purchasing services for the 6 department, if authorized by the department of administrative 7 services. The administrator department shall, when the price 8 is reasonably competitive and the quality as intended, purchase 9 soybean-based inks and plastic products with recycled content, 10 including but not limited to plastic garbage can liners, and 11 shall purchase these items in accordance with the schedule 12 established in section 8A.315 . However, the administrator 13 department need not purchase garbage can liners in accordance 14 with the schedule if the liners are utilized by a facility 15 approved by the environmental protection commission created 16 under section 455A.6 , for purposes of recycling. For purposes 17 of this section , “recycled content” means that the content of 18 the product contains a minimum of thirty percent postconsumer 19 material. 20 e. Assist the director in employing Employ the professional, 21 technical, clerical, and secretarial staff for the department 22 and maintain employee records, in cooperation with the 23 department of administrative services and provide personnel 24 services, including but not limited to training, safety 25 education, and employee counseling. 26 f. Assist the director in coordinating Coordinate the 27 responsibilities and duties of the various divisions within the 28 department. 29 g. Carry out all other general administrative duties for the 30 department. 31 h. Perform such other duties and responsibilities as may be 32 assigned by the director. 33 Sec. 20. Section 307.21, subsection 2, unnumbered paragraph 34 1, Code 2024, is amended to read as follows: 35 -8- LSB 5333SV (1) 90 md/ns 8/ 88

S.F. 2377 When performing the duty of providing centralized purchasing 1 services under subsection 1 , the administrator department shall 2 do all of the following: 3 Sec. 21. Section 307.21, subsection 4, Code 2024, is amended 4 to read as follows: 5 4. The administrator department shall provide for the 6 purchase of qualified renewable fuels to power internal 7 combustion engines that are used to operate motor vehicles and 8 for the purchase of motor vehicles operating using engines 9 powered by qualified renewable fuels in the same manner 10 required for the director of the department of administrative 11 services pursuant to section 8A.368 . The department of 12 transportation shall compile information regarding compliance 13 with the provisions of this subsection in the same manner as 14 the department of administrative services pursuant to section 15 8A.369 . The department of transportation shall cooperate 16 with the department of administrative services in preparing 17 the annual state fleet qualified renewable fuels compliance 18 report regarding compliance with this subsection as provided 19 in section 8A.369 . 20 Sec. 22. Section 307.21, subsection 5, paragraph a, 21 unnumbered paragraph 1, Code 2024, is amended to read as 22 follows: 23 Of all new passenger vehicles and light pickup trucks 24 purchased by the administrator department , a minimum of ten 25 percent of all such vehicles and trucks purchased shall be 26 equipped with engines which utilize alternative methods of 27 propulsion, including but not limited to any of the following: 28 Sec. 23. Section 307.21, subsections 6 and 7, Code 2024, are 29 amended to read as follows: 30 6. The administrator department shall, whenever technically 31 feasible, purchase and use degradable loose foam packing 32 material manufactured from grain starches or other renewable 33 resources, unless the cost of the packing material is more than 34 ten percent greater than the cost of packing material made from 35 -9- LSB 5333SV (1) 90 md/ns 9/ 88

S.F. 2377 nonrenewable resources. For the purposes of this subsection , 1 “packing material” means material, other than an exterior 2 packing shell, that is used to stabilize, protect, cushion, or 3 brace the contents of a package. 4 7. The administrator department may purchase items from 5 the department of administrative services and may cooperate 6 with the director of the department of administrative services 7 by providing purchasing services for the department of 8 administrative services. 9 Sec. 24. Section 307.22, Code 2024, is amended to read as 10 follows: 11 307.22 Planning and programming activities. 12 1. The department’s administrator responsible for 13 transportation planning and infrastructure program development 14 department shall: 15 a. 1. Assist the director in planning Plan all modes of 16 transportation in order to develop an integrated transportation 17 system providing adequate transportation services for all 18 citizens of the state. 19 b. 2. Develop and maintain transportation statistical data 20 for the department. 21 c. 3. Assist the director in establishing, analyzing, 22 and evaluating Establish, analyze, and evaluate alternative 23 transportation policies for the state. 24 d. 4. Coordinate planning duties and responsibilities with 25 the planning functions carried on by other administrators among 26 the divisions of the department. 27 e. (1) 5. a. Annually report by July 1 of each year, 28 for both secondary and farm-to-market systems, miles of earth, 29 granular, and paved surface roads; the daily vehicle miles of 30 travel; and lineal feet of bridge deck under the jurisdiction 31 of each county’s secondary road department, as of the preceding 32 January 1, taking into account roads whose jurisdiction has 33 been transferred from the department to a county or from a 34 county to the department during the previous year. The annual 35 -10- LSB 5333SV (1) 90 md/ns 10/ 88

S.F. 2377 report shall include those roads transferred to a county 1 pursuant to section 306.8A . 2 (2) b. Miles of secondary and farm-to-market roads shall 3 not include those miles of farm-to-market extensions within 4 cities under five hundred population that are placed under 5 county secondary road jurisdiction pursuant to section 306.4 . 6 (3) c. The annual report of updated road and bridge data of 7 both the secondary and farm-to-market roads shall be submitted 8 to the Iowa county engineers association service bureau. 9 f. 6. Advise and assist the director to study Study and 10 develop highway transport economics to assure availability and 11 productivity of highway transport services. 12 g. Perform such other planning functions as may be assigned 13 by the director. 14 2. The function of planning does not include the detailed 15 design of highways or other modal transportation facilities, 16 but is restricted to the needs of this state for multimodal 17 transportation systems. 18 Sec. 25. Section 307.23, subsection 1, paragraph b, Code 19 2024, is amended to read as follows: 20 b. Provide all legal services for the department. 21 Sec. 26. Section 307.24, unnumbered paragraph 1, Code 2024, 22 is amended to read as follows: 23 The department’s administrator department shall be 24 responsible for highway programs and activities , shall plan, 25 design, construct, and maintain the state primary highways , 26 and shall administer chapters 306 through 306C , chapters 27 309 through 314 , chapters 316 through 318 , and chapter 320 28 and perform other duties as assigned by the director . The 29 department shall: 30 Sec. 27. Section 307.26, Code 2024, is amended to read as 31 follows: 32 307.26 Administration of modal Modal programs and activities. 33 The department’s administrator responsible for modal 34 programs and activities department shall: 35 -11- LSB 5333SV (1) 90 md/ns 11/ 88

S.F. 2377 1. Advise and assist the director in the development of 1 Develop aeronautics, including but not limited to the location 2 of air terminals; accessibility of air terminals by other 3 modes of public transportation; protective zoning provisions 4 considering safety factors, noise, and air pollution; 5 facilities for private and commercial aircraft; air freight 6 facilities; and such other physical and technical aspects as 7 may be necessary to meet present and future needs. 8 2. Advise and assist the director in the study of Study 9 local and regional transportation of goods and people including 10 intracity and intercity bus systems, dial-a-bus facilities, 11 rural and urban bus and taxi systems, the collection of data 12 from these systems, the study of the feasibility of increased 13 government subsidy assistance and the allocation of such 14 subsidies to each mass transportation system, the study of such 15 other physical and technical aspects which may be necessary 16 to meet present and future needs, and the application for, 17 acceptance of, and expending of federal, state, or private 18 funds for the improvement of mass transit. 19 3. Advise and assist the director in the development of 20 Develop transportation systems and programs for improving 21 passenger and freight services. 22 4. Advise and assist the director in developing Develop 23 programs in anticipation of railroad abandonment, including: 24 a. Development and evaluation of Developing and evaluating 25 programs which will encourage improvement of rail freight 26 and the upgrading of rail lines in order to improve freight 27 service. 28 b. Advising the director Determining when it may appear in 29 the best interest of the state to assume the role of advocate 30 in railroad abandonments and railroad rate schedules. 31 5. Develop and maintain a federal-state relationship 32 of programs relating to railroad safety enforcement, track 33 standards, rail equipment, operating rules, and transportation 34 of hazardous materials. 35 -12- LSB 5333SV (1) 90 md/ns 12/ 88

S.F. 2377 6. Make surveys, plans, and estimates of cost for the 1 elimination of danger at railroad crossings on highways and 2 confer with local and railroad officials with reference to 3 elimination of the danger. 4 7. Advise and assist the director in the conduct of Conduct 5 research on railroad-highway grade crossings and encourage 6 and develop a safety program in order to reduce injuries or 7 fatalities including but not limited to the following: 8 a. The establishment of Establishing standards for warning 9 devices for particularly hazardous crossings or for classes 10 of crossings on highways, which standards shall be designed 11 to reduce injuries, fatalities, and property damage. Such 12 standards shall regulate the use of warning devices and 13 signs, which shall be in addition to the requirements of 14 section 327G.2 . Implementation of such standards shall be 15 the responsibility of the government agency or department 16 or political subdivision having jurisdiction and control of 17 the highway and such implementation shall be deemed adequate 18 for the purposes of railroad grade crossing protection. The 19 department, or the political subdivision having jurisdiction, 20 may direct the installation of temporary protection while 21 awaiting installation of permanent protection. A railroad 22 crossing shall not be found to be particularly hazardous for 23 any purpose unless the department has determined it to be 24 particularly hazardous. 25 b. The development and adoption of Developing and adopting 26 classifications of crossings on public highways based upon 27 their characteristics, conditions, and hazards, and standards 28 for warning devices, signals, and signs of each crossing 29 classification. The department shall recommend a schedule 30 for implementation of the standards to the government agency, 31 department, or political subdivision having jurisdiction of 32 the highway and shall provide an annual report to the general 33 assembly on the development and adoption of classifications 34 and standards under this paragraph and their implementation, 35 -13- LSB 5333SV (1) 90 md/ns 13/ 88

S.F. 2377 including information about financing installation of warning 1 devices, signals, and signs. The department shall not be 2 liable for the development or adoption of the classifications 3 or standards. A government agency, department, or political 4 subdivision shall not be liable for failure to implement the 5 standards. A crossing warning or improvement installed or 6 maintained pursuant to standards adopted by the department 7 under this paragraph shall be deemed an adequate and 8 appropriate warning for the crossing. 9 8. Advise and assist the director to assure Assure 10 availability, efficiency, and productivity of freight and 11 passenger services and to promote the coordination of service 12 between all transportation modes. 13 9. Advise and assist the director with studies of Study 14 regulatory changes deemed necessary to effectuate economical 15 and efficient railroad service. 16 10. Advise and assist the director regarding Enter into 17 agreements with railroad corporations for the restoration, 18 conservation, or improvement of railroad as defined in section 19 327D.2, subsection 3 , on such terms, conditions, rates, 20 rentals, or subsidy levels as may be in the best interest 21 of the state. The commission may enter into contracts 22 and agreements which are binding only to the extent that 23 appropriations have been or may subsequently be made by the 24 legislature to effectuate the purposes of this subsection . 25 11. Administer chapters 324A , 327C through 327H , 327J , 328 , 26 329 , and 330 . 27 12. Administer programs and activities in chapters 306D , 28 307C , 308A , and 315 . 29 13. Perform such other duties and responsibilities as may be 30 assigned by the director. 31 14. 13. Promote river transportation and coordinate river 32 programs with other transportation modes. 33 15. 14. Advise and assist the director in the development 34 of Develop river transportation and port facilities in the 35 -14- LSB 5333SV (1) 90 md/ns 14/ 88

S.F. 2377 state. 1 Sec. 28. Section 307.27, unnumbered paragraph 1, Code 2024, 2 is amended to read as follows: 3 The department’s administrator department shall be 4 responsible for the enforcement and regulation of motor 5 carriers, registration of motor vehicles, and licensing of 6 drivers , and shall: 7 Sec. 29. Section 307.47, subsection 1, Code 2024, is amended 8 to read as follows: 9 1. The highway materials and equipment revolving fund 10 is created from moneys appropriated out of the primary road 11 fund. From this fund shall be paid all costs for materials 12 and supplies, inventoried stock supplies, maintenance and 13 operational costs of equipment, and equipment replacements 14 incurred in the operation of centralized purchasing under 15 the supervision of the administrator responsible for highway 16 programs and activities . Direct salaries and expenses properly 17 chargeable to direct salaries shall be paid from the fund. For 18 each month the administrator responsible for the operations 19 and finances of the department shall render a statement 20 to each highway unit for the actual cost of materials and 21 supplies, operational and maintenance costs of equipment, and 22 equipment depreciation used. The expense shall be paid by the 23 administrator responsible for the operations and finances of 24 the department in the same manner as other interdepartmental 25 billings are paid. The sum paid shall be credited to the 26 highway materials and equipment revolving fund. 27 Sec. 30. Section 307.48, subsection 2, Code 2024, is amended 28 to read as follows: 29 2. An employee under the supervision of the department’s 30 administrator of highways who became an employee of the state 31 department of transportation on July 1, 1974, retains all 32 rights to longevity pay so long as the employee continues 33 employment with the department. 34 Sec. 31. Section 327D.192, Code 2024, is amended to read as 35 -15- LSB 5333SV (1) 90 md/ns 15/ 88

S.F. 2377 follows: 1 327D.192 Spot checks for hazardous cargo. 2 An employee under the supervision of the department’s 3 administrator for rail and water designated by the director of 4 the department may conduct spot inspections of vehicles subject 5 to registration which are owned or operated by a railroad 6 corporation to determine whether a vehicle is used to transport 7 products or property which may be a safety hazard for the 8 operator of the vehicle subject to registration or any other 9 employee of the railroad corporation who is transported in the 10 vehicle. 11 Sec. 32. Section 327F.39, subsection 1, paragraph a, Code 12 2024, is amended to read as follows: 13 a. “Administrator” means the department’s administrator 14 for rail and water modal programs , or the administrator’s 15 director’s designee. 16 DIVISION IV 17 DEPARTMENT OF EDUCATION 18 Sec. 33. Section 256.9, unnumbered paragraph 1, Code 2024, 19 is amended to read as follows: 20 Except for the higher education division; the bureaus, 21 boards, and commissions within the higher education division; 22 and the public broadcasting board and division, the director 23 shall: 24 Sec. 34. Section 256.9, subsections 3 and 4, Code 2024, are 25 amended to read as follows: 26 3. Establish divisions of the department and assign 27 subject matter duties to divisions of the department in a 28 manner determined by the director as necessary or desirable in 29 addition to divisions required by law , unless a provision of 30 law requires a particular departmental unit or subject matter 31 to be assigned to a specific division of the department . The 32 organization of the department shall promote coordination of 33 functions and services relating to administration, supervision, 34 and improvement of instruction. The director may also reassign 35 -16- LSB 5333SV (1) 90 md/ns 16/ 88

S.F. 2377 within the department the boards, commissions, bureaus, and 1 duties specified in sections 256.111 and 256.121. 2 4. Employ personnel and assign duties and responsibilities 3 of the department. The director shall appoint a deputy 4 director and division administrators deemed necessary. 5 They shall be appointed on the basis of their professional 6 qualifications, experience in administration, and background. 7 Members of the professional staff are not subject to the merit 8 system provisions of chapter 8A, subchapter IV , and are subject 9 to section 256.10 . 10 Sec. 35. Section 256.10, Code 2024, is amended to read as 11 follows: 12 256.10 Director salary —— employment of professional staff. 13 1. The salary of the director shall be fixed by the 14 governor. 15 2. Appointments to the professional staff of the department 16 shall be without reference to political party affiliation, 17 religious affiliation, sex, or marital status, but shall be 18 based solely upon fitness, ability, and proper qualifications 19 for the particular position. The professional staff shall 20 serve at the discretion of the director. A member of the 21 professional staff shall not be dismissed for cause without 22 appropriate due process procedures including a hearing. 23 3. The director may employ full-time professional salaried 24 staff for less than twelve months each year, but such staff 25 shall be employed by the director for at least nine months of 26 each year. Salaries for full-time professional salaried staff 27 employed as provided in this subsection shall be comparable to 28 other professional salaried staff, adjusting for time worked. 29 Salaries for professional salaried staff employed for periods 30 of less than twelve months shall be paid during each month of 31 the year in which they are employed on the same schedule as all 32 other full-time permanent professional salaried staff. Such 33 staff shall have their salaries paid over twelve months. The 34 director shall provide for and the department shall pay for 35 -17- LSB 5333SV (1) 90 md/ns 17/ 88

S.F. 2377 the employer share of health and dental insurance benefits for 1 twelve months each year for the full-time professional staff 2 employed as provided in this subsection , and the health and 3 dental insurance benefits provided shall be comparable to the 4 benefits provided to all other professional staff employed by 5 the director . 6 4. The director may employ hourly staff for less than 7 twelve months each year, but such staff shall be employed by 8 the director for at least nine months of each year. Wages for 9 staff employed as provided in this subsection shall be paid 10 during the months the employee is scheduled to work on the same 11 schedule as other employees of the state. The director shall 12 provide for and the department shall pay for the employer share 13 of health and dental insurance benefits for twelve months each 14 year for hourly staff employed as provided in this subsection. 15 Sec. 36. Section 256.103, Code 2024, is amended to read as 16 follows: 17 256.103 Employees —— contracts —— termination and discharge 18 procedures. 19 Sections 279.12 through 279.19 279.19B and section 279.27 20 apply to employees of the Iowa educational services for the 21 blind and visually impaired program and employees of the Iowa 22 school for the deaf, who are licensed pursuant to subchapter 23 VII, part 3 . In following those sections in chapter 279 , the 24 references to boards of directors of school districts shall be 25 interpreted to apply to the department. 26 Sec. 37. NEW SECTION . 256.103A Iowa educational services 27 for the blind and visually impaired and Iowa school for the deaf 28 —— leave. 29 Salaried employees of the Iowa educational services for the 30 blind and visually impaired program and employees of the Iowa 31 school for the deaf who are employed on a school year basis 32 for less than twelve months per year shall be exempt from the 33 provisions of chapter 70A relating to vacation leave. In lieu 34 of vacation leave, such employees shall accrue two personal 35 -18- LSB 5333SV (1) 90 md/ns 18/ 88

S.F. 2377 leave days per school year and may carry over up to one unused 1 personal day into a subsequent school year. Such employees 2 shall not accrue more than three personal leave days at any one 3 time. Such leave shall not be paid out to the employee upon 4 separation from employment. 5 Sec. 38. Section 256.111, subsection 1, Code 2024, is 6 amended to read as follows: 7 1. The innovation division of the department of education is 8 created. The chief administrative officer head of the division 9 is the administrator who shall be a highly qualified science, 10 technology, engineering, and mathematics advocate and shall be 11 appointed by the director. 12 Sec. 39. Section 256.111, subsection 2, unnumbered 13 paragraph 1, Code 2024, is amended to read as follows: 14 The administrator shall do all of the following , subject to 15 supervision of the director : 16 Sec. 40. Section 256.111, subsection 2, paragraphs a and c, 17 Code 2024, are amended to read as follows: 18 a. Direct and organize the activities of the division, 19 including the science, technology, engineering, and mathematics 20 collaborative initiative created in subsection 3 . 21 c. Perform other duties imposed by law or assigned by the 22 director . 23 Sec. 41. Section 256.121, subsection 1, Code 2024, is 24 amended to read as follows: 25 1. The higher education division of the department of 26 education is created. The chief administrative officer head 27 of the division is the administrator who shall be appointed by 28 the director. 29 Sec. 42. Section 256.121, subsection 2, unnumbered 30 paragraph 1, Code 2024, is amended to read as follows: 31 The administrator shall do all of the following , subject to 32 supervision of the director : 33 Sec. 43. Section 256.121, subsection 2, paragraphs b, d, and 34 e, Code 2024, are amended to read as follows: 35 -19- LSB 5333SV (1) 90 md/ns 19/ 88