House File 2686 - Reprinted HOUSE FILE 2686 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 2550) (SUCCESSOR TO HSB 664) (As Amended and Passed by the House April 9, 2024 ) 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 HF 2686 (3) 90 md/ns/md
H.F. 2686 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 commissioners 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- HF 2686 (3) 90 md/ns/md 1/ 75
H.F. 2686 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 directors 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- HF 2686 (3) 90 md/ns/md 2/ 75
H.F. 2686 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 directors designee who made the inspection. If the director 6 or directors 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 directors 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- HF 2686 (3) 90 md/ns/md 3/ 75
H.F. 2686 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 boards 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- HF 2686 (3) 90 md/ns/md 4/ 75
H.F. 2686 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. Section 272C.2, subsection 2, Code 2024, is amended 29 by adding the following new paragraph: 30 NEW PARAGRAPH . h. Allow a licensee to apply continuing 31 education credit obtained in excess of the requirements for a 32 renewal period to the continuing education requirements for 33 the following renewal period in an amount not to exceed fifty 34 percent of the continuing education credits required for a 35 -5- HF 2686 (3) 90 md/ns/md 5/ 75
H.F. 2686 renewal period. A licensing board may adopt rules specifying 1 types of continuing education credits earned in a renewal 2 period that cannot be applied to the continuing education 3 requirements for the following renewal period. 4 Sec. 14. REPEAL. Section 91C.9, Code 2024, is repealed. 5 Sec. 15. TRANSFER. Moneys remaining in the contractor 6 registration revolving fund at the end of the fiscal year 7 beginning July 1, 2023, shall be transferred to the licensing 8 and regulation fund created in section 10A.507. 9 DIVISION III 10 DEPARTMENT OF TRANSPORTATION 11 Sec. 16. Section 321.383, subsections 1 and 2, Code 2024, 12 are amended to read as follows: 13 1. This chapter with respect to equipment on vehicles does 14 not apply to implements of husbandry, road machinery, or bulk 15 spreaders and other fertilizer and chemical equipment defined 16 as special mobile equipment, except as made applicable in this 17 section . However, the movement of implements of husbandry on a 18 roadway is subject to safety rules adopted by the department of 19 public safety . The safety rules shall prohibit the movement 20 of any power unit towing more than one implement of husbandry, 21 except implements of husbandry that are not self-propelled and 22 are capable of being towed in tandem, from the manufacturer 23 to the retail seller, from the retail seller to the farm 24 purchaser, or from the manufacturer to the farm purchaser. 25 2. When operated on a highway in this state at a speed 26 of thirty-five miles per hour or less, every farm tractor, 27 or tractor with towed equipment, self-propelled implement of 28 husbandry, road construction or maintenance vehicle, road 29 grader, horse-drawn vehicle, or any other vehicle principally 30 designed for use off the highway and any such tractor, 31 implement, vehicle, or grader when manufactured for sale or 32 sold at retail after December 31, 1971, shall be identified 33 with a reflective device in accordance with the standards of 34 the American society of agricultural engineers; however, this 35 -6- HF 2686 (3) 90 md/ns/md 6/ 75
H.F. 2686 provision shall not apply to such vehicles when traveling in 1 an escorted parade. If a person operating a vehicle drawn 2 by a horse or mule objects to using a reflective device 3 that complies with the standards of the American society of 4 agricultural engineers for religious reasons, the vehicle may 5 be identified by an alternative reflective device that is in 6 compliance with rules adopted by the department of public 7 safety . The reflective device or alternative reflective device 8 shall be visible from the rear. A vehicle other than those 9 specified in this section shall not display a reflective device 10 or an alternative reflective device. On vehicles operating at 11 speeds above thirty-five miles per hour, the reflective device 12 or alternative reflective device shall be removed or hidden 13 from view. 14 Sec. 17. Section 307.12, subsection 1, paragraph f, Code 15 2024, is amended to read as follows: 16 f. Present the departments proposed budget to the 17 commission prior to December March 31 of each immediately 18 preceding the applicable fiscal year. 19 Sec. 18. Section 307.12, subsection 1, Code 2024, is amended 20 by adding the following new paragraph: 21 NEW PARAGRAPH . 0l. Establish divisions within the 22 department as necessary or desirable in addition to any 23 departmental division required or established by law. 24 Sec. 19. Section 307.12, subsection 2, Code 2024, is amended 25 to read as follows: 26 2. If in the interest of the state, the director may allow 27 a subsistence expense to an employee under the supervision 28 of the departments administrator responsible for highway 29 programs and activities for continuous stay in one location 30 while on duty away from established headquarters and place 31 of domicile for a period not to exceed forty-five days; and 32 allow automobile expenses in accordance with section 8A.363 , 33 for moving an employee and the employees family from place of 34 present domicile to new domicile, and actual transportation 35 -7- HF 2686 (3) 90 md/ns/md 7/ 75
H.F. 2686 expense for moving of household goods. The household goods for 1 which transportation expense is allowed shall not include pets 2 or animals. 3 Sec. 20. Section 307.21, subsection 1, Code 2024, is amended 4 to read as follows: 5 1. The departments administrator responsible for the 6 operations and finances of the department shall: 7 a. Provide for the proper maintenance and protection of 8 the grounds, buildings, and equipment of the department, in 9 cooperation with the department of administrative services. 10 b. Establish, supervise, and maintain a system of 11 centralized electronic data processing for the department, in 12 cooperation with the department of administrative services 13 management . 14 c. Assist the director in preparing Prepare the departmental 15 budget. 16 d. Provide centralized purchasing services for the 17 department, if authorized by the department of administrative 18 services. The administrator department shall, when the price 19 is reasonably competitive and the quality as intended, purchase 20 soybean-based inks and plastic products with recycled content, 21 including but not limited to plastic garbage can liners, and 22 shall purchase these items in accordance with the schedule 23 established in section 8A.315 . However, the administrator 24 department need not purchase garbage can liners in accordance 25 with the schedule if the liners are utilized by a facility 26 approved by the environmental protection commission created 27 under section 455A.6 , for purposes of recycling. For purposes 28 of this section , recycled content means that the content of 29 the product contains a minimum of thirty percent postconsumer 30 material. 31 e. Assist the director in employing Employ the professional, 32 technical, clerical, and secretarial staff for the department 33 and maintain employee records, in cooperation with the 34 department of administrative services and provide personnel 35 -8- HF 2686 (3) 90 md/ns/md 8/ 75
H.F. 2686 services, including but not limited to training, safety 1 education, and employee counseling. 2 f. Assist the director in coordinating Coordinate the 3 responsibilities and duties of the various divisions within the 4 department. 5 g. Carry out all other general administrative duties for the 6 department. 7 h. Perform such other duties and responsibilities as may be 8 assigned by the director. 9 Sec. 21. Section 307.21, subsection 2, unnumbered paragraph 10 1, Code 2024, is amended to read as follows: 11 When performing the duty of providing centralized purchasing 12 services under subsection 1 , the administrator department shall 13 do all of the following: 14 Sec. 22. Section 307.21, subsection 4, Code 2024, is amended 15 to read as follows: 16 4. The administrator department shall provide for the 17 purchase of qualified renewable fuels to power internal 18 combustion engines that are used to operate motor vehicles and 19 for the purchase of motor vehicles operating using engines 20 powered by qualified renewable fuels in the same manner 21 required for the director of the department of administrative 22 services pursuant to section 8A.368 . The department of 23 transportation shall compile information regarding compliance 24 with the provisions of this subsection in the same manner as 25 the department of administrative services pursuant to section 26 8A.369 . The department of transportation shall cooperate 27 with the department of administrative services in preparing 28 the annual state fleet qualified renewable fuels compliance 29 report regarding compliance with this subsection as provided 30 in section 8A.369 . 31 Sec. 23. Section 307.21, subsection 5, paragraph a, 32 unnumbered paragraph 1, Code 2024, is amended to read as 33 follows: 34 Of all new passenger vehicles and light pickup trucks 35 -9- HF 2686 (3) 90 md/ns/md 9/ 75
H.F. 2686 purchased by the administrator department , a minimum of ten 1 percent of all such vehicles and trucks purchased shall be 2 equipped with engines which utilize alternative methods of 3 propulsion, including but not limited to any of the following: 4 Sec. 24. Section 307.21, subsections 6 and 7, Code 2024, are 5 amended to read as follows: 6 6. The administrator department shall, whenever technically 7 feasible, purchase and use degradable loose foam packing 8 material manufactured from grain starches or other renewable 9 resources, unless the cost of the packing material is more than 10 ten percent greater than the cost of packing material made from 11 nonrenewable resources. For the purposes of this subsection , 12 packing material means material, other than an exterior 13 packing shell, that is used to stabilize, protect, cushion, or 14 brace the contents of a package. 15 7. The administrator department may purchase items from 16 the department of administrative services and may cooperate 17 with the director of the department of administrative services 18 by providing purchasing services for the department of 19 administrative services. 20 Sec. 25. Section 307.22, Code 2024, is amended to read as 21 follows: 22 307.22 Planning and programming activities. 23 1. The departments administrator responsible for 24 transportation planning and infrastructure program development 25 department shall: 26 a. 1. Assist the director in planning Plan all modes of 27 transportation in order to develop an integrated transportation 28 system providing adequate transportation services for all 29 citizens of the state. 30 b. 2. Develop and maintain transportation statistical data 31 for the department. 32 c. 3. Assist the director in establishing, analyzing, 33 and evaluating Establish, analyze, and evaluate alternative 34 transportation policies for the state. 35 -10- HF 2686 (3) 90 md/ns/md 10/ 75
H.F. 2686 d. 4. Coordinate planning duties and responsibilities with 1 the planning functions carried on by other administrators among 2 the divisions of the department. 3 e. (1) 5. a. Annually report by July 1 of each year, 4 for both secondary and farm-to-market systems, miles of earth, 5 granular, and paved surface roads; the daily vehicle miles of 6 travel; and lineal feet of bridge deck under the jurisdiction 7 of each countys secondary road department, as of the preceding 8 January 1, taking into account roads whose jurisdiction has 9 been transferred from the department to a county or from a 10 county to the department during the previous year. The annual 11 report shall include those roads transferred to a county 12 pursuant to section 306.8A . 13 (2) b. Miles of secondary and farm-to-market roads shall 14 not include those miles of farm-to-market extensions within 15 cities under five hundred population that are placed under 16 county secondary road jurisdiction pursuant to section 306.4 . 17 (3) c. The annual report of updated road and bridge data of 18 both the secondary and farm-to-market roads shall be submitted 19 to the Iowa county engineers association service bureau. 20 f. 6. Advise and assist the director to study Study and 21 develop highway transport economics to assure availability and 22 productivity of highway transport services. 23 g. Perform such other planning functions as may be assigned 24 by the director. 25 2. The function of planning does not include the detailed 26 design of highways or other modal transportation facilities, 27 but is restricted to the needs of this state for multimodal 28 transportation systems. 29 Sec. 26. Section 307.23, subsection 1, paragraph b, Code 30 2024, is amended to read as follows: 31 b. Provide all legal services for the department. 32 Sec. 27. Section 307.24, unnumbered paragraph 1, Code 2024, 33 is amended to read as follows: 34 The departments administrator department shall be 35 -11- HF 2686 (3) 90 md/ns/md 11/ 75
H.F. 2686 responsible for highway programs and activities , shall plan, 1 design, construct, and maintain the state primary highways , 2 and shall administer chapters 306 through 306C , chapters 3 309 through 314 , chapters 316 through 318 , and chapter 320 4 and perform other duties as assigned by the director . The 5 department shall: 6 Sec. 28. Section 307.26, Code 2024, is amended to read as 7 follows: 8 307.26 Administration of modal Modal programs and activities. 9 The departments administrator responsible for modal 10 programs and activities department shall: 11 1. Advise and assist the director in the development of 12 Develop aeronautics, including but not limited to the location 13 of air terminals; accessibility of air terminals by other 14 modes of public transportation; protective zoning provisions 15 considering safety factors, noise, and air pollution; 16 facilities for private and commercial aircraft; air freight 17 facilities; and such other physical and technical aspects as 18 may be necessary to meet present and future needs. 19 2. Advise and assist the director in the study of Study 20 local and regional transportation of goods and people including 21 intracity and intercity bus systems, dial-a-bus facilities, 22 rural and urban bus and taxi systems, the collection of data 23 from these systems, the study of the feasibility of increased 24 government subsidy assistance and the allocation of such 25 subsidies to each mass transportation system, the study of such 26 other physical and technical aspects which may be necessary 27 to meet present and future needs, and the application for, 28 acceptance of, and expending of federal, state, or private 29 funds for the improvement of mass transit. 30 3. Advise and assist the director in the development of 31 Develop transportation systems and programs for improving 32 passenger and freight services. 33 4. Advise and assist the director in developing Develop 34 programs in anticipation of railroad abandonment, including: 35 -12- HF 2686 (3) 90 md/ns/md 12/ 75
H.F. 2686 a. Development and evaluation of Developing and evaluating 1 programs which will encourage improvement of rail freight 2 and the upgrading of rail lines in order to improve freight 3 service. 4 b. Advising the director Determining when it may appear in 5 the best interest of the state to assume the role of advocate 6 in railroad abandonments and railroad rate schedules. 7 5. Develop and maintain a federal-state relationship 8 of programs relating to railroad safety enforcement, track 9 standards, rail equipment, operating rules, and transportation 10 of hazardous materials. 11 6. Make surveys, plans, and estimates of cost for the 12 elimination of danger at railroad crossings on highways and 13 confer with local and railroad officials with reference to 14 elimination of the danger. 15 7. Advise and assist the director in the conduct of Conduct 16 research on railroad-highway grade crossings and encourage 17 and develop a safety program in order to reduce injuries or 18 fatalities including but not limited to the following: 19 a. The establishment of Establishing standards for warning 20 devices for particularly hazardous crossings or for classes 21 of crossings on highways, which standards shall be designed 22 to reduce injuries, fatalities, and property damage. Such 23 standards shall regulate the use of warning devices and 24 signs, which shall be in addition to the requirements of 25 section 327G.2 . Implementation of such standards shall be 26 the responsibility of the government agency or department 27 or political subdivision having jurisdiction and control of 28 the highway and such implementation shall be deemed adequate 29 for the purposes of railroad grade crossing protection. The 30 department, or the political subdivision having jurisdiction, 31 may direct the installation of temporary protection while 32 awaiting installation of permanent protection. A railroad 33 crossing shall not be found to be particularly hazardous for 34 any purpose unless the department has determined it to be 35 -13- HF 2686 (3) 90 md/ns/md 13/ 75
H.F. 2686 particularly hazardous. 1 b. The development and adoption of Developing and adopting 2 classifications of crossings on public highways based upon 3 their characteristics, conditions, and hazards, and standards 4 for warning devices, signals, and signs of each crossing 5 classification. The department shall recommend a schedule 6 for implementation of the standards to the government agency, 7 department, or political subdivision having jurisdiction of 8 the highway and shall provide an annual report to the general 9 assembly on the development and adoption of classifications 10 and standards under this paragraph and their implementation, 11 including information about financing installation of warning 12 devices, signals, and signs. The department shall not be 13 liable for the development or adoption of the classifications 14 or standards. A government agency, department, or political 15 subdivision shall not be liable for failure to implement the 16 standards. A crossing warning or improvement installed or 17 maintained pursuant to standards adopted by the department 18 under this paragraph shall be deemed an adequate and 19 appropriate warning for the crossing. 20 8. Advise and assist the director to assure Assure 21 availability, efficiency, and productivity of freight and 22 passenger services and to promote the coordination of service 23 between all transportation modes. 24 9. Advise and assist the director with studies of Study 25 regulatory changes deemed necessary to effectuate economical 26 and efficient railroad service. 27 10. Advise and assist the director regarding Enter into 28 agreements with railroad corporations for the restoration, 29 conservation, or improvement of railroad as defined in section 30 327D.2, subsection 3 , on such terms, conditions, rates, 31 rentals, or subsidy levels as may be in the best interest 32 of the state. The commission may enter into contracts 33 and agreements which are binding only to the extent that 34 appropriations have been or may subsequently be made by the 35 -14- HF 2686 (3) 90 md/ns/md 14/ 75
H.F. 2686 legislature to effectuate the purposes of this subsection . 1 11. Administer chapters 324A , 327C through 327H , 327J , 328 , 2 329 , and 330 . 3 12. Administer programs and activities in chapters 306D , 4 307C , 308A , and 315 . 5 13. Perform such other duties and responsibilities as may be 6 assigned by the director. 7 14. 13. Promote river transportation and coordinate river 8 programs with other transportation modes. 9 15. 14. Advise and assist the director in the development 10 of Develop river transportation and port facilities in the 11 state. 12 Sec. 29. Section 307.27, unnumbered paragraph 1, Code 2024, 13 is amended to read as follows: 14 The departments administrator department shall be 15 responsible for the enforcement and regulation of motor 16 carriers, registration of motor vehicles, and licensing of 17 drivers , and shall: 18 Sec. 30. Section 307.47, subsection 1, Code 2024, is amended 19 to read as follows: 20 1. The highway materials and equipment revolving fund 21 is created from moneys appropriated out of the primary road 22 fund. From this fund shall be paid all costs for materials 23 and supplies, inventoried stock supplies, maintenance and 24 operational costs of equipment, and equipment replacements 25 incurred in the operation of centralized purchasing under 26 the supervision of the administrator responsible for highway 27 programs and activities . Direct salaries and expenses properly 28 chargeable to direct salaries shall be paid from the fund. For 29 each month the administrator responsible for the operations 30 and finances of the department shall render a statement 31 to each highway unit for the actual cost of materials and 32 supplies, operational and maintenance costs of equipment, and 33 equipment depreciation used. The expense shall be paid by the 34 administrator responsible for the operations and finances of 35 -15- HF 2686 (3) 90 md/ns/md 15/ 75
H.F. 2686 the department in the same manner as other interdepartmental 1 billings are paid. The sum paid shall be credited to the 2 highway materials and equipment revolving fund. 3 Sec. 31. Section 307.48, subsection 2, Code 2024, is amended 4 to read as follows: 5 2. An employee under the supervision of the departments 6 administrator of highways who became an employee of the state 7 department of transportation on July 1, 1974, retains all 8 rights to longevity pay so long as the employee continues 9 employment with the department. 10 Sec. 32. Section 327D.192, Code 2024, is amended to read as 11 follows: 12 327D.192 Spot checks for hazardous cargo. 13 An employee under the supervision of the departments 14 administrator for rail and water designated by the director of 15 the department may conduct spot inspections of vehicles subject 16 to registration which are owned or operated by a railroad 17 corporation to determine whether a vehicle is used to transport 18 products or property which may be a safety hazard for the 19 operator of the vehicle subject to registration or any other 20 employee of the railroad corporation who is transported in the 21 vehicle. 22 Sec. 33. Section 327F.39, subsection 1, paragraph a, Code 23 2024, is amended to read as follows: 24 a. Administrator means the departments administrator 25 for rail and water modal programs , or the administrators 26 directors designee. 27 DIVISION IV 28 DEPARTMENT OF EDUCATION 29 Sec. 34. Section 256.9, unnumbered paragraph 1, Code 2024, 30 is amended to read as follows: 31 Except for the higher education division; the bureaus, 32 boards, and commissions within the higher education division; 33 and the public broadcasting board and division, the director 34 shall: 35 -16- HF 2686 (3) 90 md/ns/md 16/ 75
H.F. 2686 Sec. 35. Section 256.9, subsections 3 and 4, Code 2024, are 1 amended to read as follows: 2 3. Establish divisions of the department and assign 3 subject matter duties to divisions of the department in a 4 manner determined by the director as necessary or desirable in 5 addition to divisions required by law , unless a provision of 6 law requires a particular departmental unit or subject matter 7 to be assigned to a specific division of the department . The 8 organization of the department shall promote coordination of 9 functions and services relating to administration, supervision, 10 and improvement of instruction. The director may also reassign 11 within the department the boards, commissions, bureaus, and 12 duties specified in sections 256.111 and 256.121. 13 4. Employ personnel and assign duties and responsibilities 14 of the department. The director shall appoint a deputy 15 director and division administrators deemed necessary. 16 They shall be appointed on the basis of their professional 17 qualifications, experience in administration, and background. 18 Members of the professional staff are not subject to the merit 19 system provisions of chapter 8A, subchapter IV , and are subject 20 to section 256.10 . 21 Sec. 36. Section 256.10, Code 2024, is amended to read as 22 follows: 23 256.10 Director salary employment of professional staff. 24 1. The salary of the director shall be fixed by the 25 governor. 26 2. Appointments to the professional staff of the department 27 shall be without reference to political party affiliation, 28 religious affiliation, sex, or marital status, but shall be 29 based solely upon fitness, ability, and proper qualifications 30 for the particular position. The professional staff shall 31 serve at the discretion of the director. A member of the 32 professional staff shall not be dismissed for cause without 33 appropriate due process procedures including a hearing. 34 3. The director may employ full-time professional salaried 35 -17- HF 2686 (3) 90 md/ns/md 17/ 75
H.F. 2686 staff for less than twelve months each year, but such staff 1 shall be employed by the director for at least nine months of 2 each year. Salaries for full-time professional salaried staff 3 employed as provided in this subsection shall be comparable to 4 other professional salaried staff, adjusting for time worked. 5 Salaries for professional salaried staff employed for periods 6 of less than twelve months shall be paid during each month of 7 the year in which they are employed on the same schedule as all 8 other full-time permanent professional salaried staff. Such 9 staff shall have their salaries paid over twelve months. The 10 director shall provide for and the department shall pay for 11 the employer share of health and dental insurance benefits for 12 twelve months each year for the full-time professional staff 13 employed as provided in this subsection , and the health and 14 dental insurance benefits provided shall be comparable to the 15 benefits provided to all other professional staff employed by 16 the director . 17 4. The director may employ hourly staff for less than 18 twelve months each year, but such staff shall be employed by 19 the director for at least nine months of each year. Wages for 20 staff employed as provided in this subsection shall be paid 21 during the months the employee is scheduled to work on the same 22 schedule as other employees of the state. The director shall 23 provide for and the department shall pay for the employer share 24 of health and dental insurance benefits for twelve months each 25 year for hourly staff employed as provided in this subsection. 26 Sec. 37. Section 256.103, Code 2024, is amended to read as 27 follows: 28 256.103 Employees contracts termination and discharge 29 procedures. 30 Sections 279.12 through 279.19 279.19B and section 279.27 31 apply to employees of the Iowa educational services for the 32 blind and visually impaired program and employees of the Iowa 33 school for the deaf, who are licensed pursuant to subchapter 34 VII, part 3 . In following those sections in chapter 279 , the 35 -18- HF 2686 (3) 90 md/ns/md 18/ 75
H.F. 2686 references to boards of directors of school districts shall be 1 interpreted to apply to the department. 2 Sec. 38. NEW SECTION . 256.103A Iowa educational services 3 for the blind and visually impaired and Iowa school for the deaf 4 leave. 5 Salaried employees of the Iowa educational services for the 6 blind and visually impaired program and employees of the Iowa 7 school for the deaf who are employed on a school year basis 8 for less than twelve months per year shall be exempt from the 9 provisions of chapter 70A relating to vacation leave. In lieu 10 of vacation leave, such employees shall accrue two personal 11 leave days per school year and may carry over up to one unused 12 personal day into a subsequent school year. Such employees 13 shall not accrue more than three personal leave days at any one 14 time. Such leave shall not be paid out to the employee upon 15 separation from employment. 16 Sec. 39. Section 256.111, subsection 1, Code 2024, is 17 amended to read as follows: 18 1. The innovation division of the department of education is 19 created. The chief administrative officer head of the division 20 is the administrator who shall be a highly qualified science, 21 technology, engineering, and mathematics advocate and shall be 22 appointed by the director. 23 Sec. 40. Section 256.111, subsection 2, unnumbered 24 paragraph 1, Code 2024, is amended to read as follows: 25 The administrator shall do all of the following , subject to 26 supervision of the director : 27 Sec. 41. Section 256.111, subsection 2, paragraphs a and c, 28 Code 2024, are amended to read as follows: 29 a. Direct and organize the activities of the division, 30 including the science, technology, engineering, and mathematics 31 collaborative initiative created in subsection 3 . 32 c. Perform other duties imposed by law or assigned by the 33 director . 34 Sec. 42. Section 256.121, subsection 1, Code 2024, is 35 -19- HF 2686 (3) 90 md/ns/md 19/ 75
H.F. 2686 amended to read as follows: 1 1. The higher education division of the department of 2 education is created. The chief administrative officer head 3 of the division is the administrator who shall be appointed by 4 the director. 5 Sec. 43. Section 256.121, subsection 2, unnumbered 6 paragraph 1, Code 2024, is amended to read as follows: 7 The administrator shall do all of the following , subject to 8 supervision of the director : 9 Sec. 44. Section 256.121, subsection 2, paragraphs b, d, and 10 e, Code 2024, are amended to read as follows: 11 b. Direct and organize the activities of the division. 12 d. Hire and control Supervise the personnel employed by the 13 division. 14 e. Perform other duties imposed by law or assigned by the 15 director . 16 DIVISION V 17 DEPARTMENT OF CORRECTIONS 18 Sec. 45. Section 8D.13, subsection 12, Code 2024, is amended 19 to read as follows: 20 12. Access to the network shall be offered to the judicial 21 district departments of correctional services established 22 in section 905.2 904.104A , provided that such departments 23 contribute an amount consistent with their share of use for the 24 part of the system in which the departments participate, as 25 determined by the commission. 26 Sec. 46. Section 80D.1, subsection 1, Code 2024, is amended 27 to read as follows: 28 1. The governing body of a city, a county, or the state of 29 Iowa , or the Iowa department of corrections may provide, either 30 separately or collectively through a chapter 28E agreement, for 31 the establishment of a force of reserve peace officers, and may 32 limit the size of the reserve force. In the case of the state, 33 unless the reserve peace officer is employed by the department 34 of corrections, the department of public safety shall act as 35 -20- HF 2686 (3) 90 md/ns/md 20/ 75
H.F. 2686 the governing body. If the reserve peace officer is employed 1 by the department of corrections, the department of corrections 2 shall act as the governing body. 3 Sec. 47. Section 80D.11, Code 2024, is amended to read as 4 follows: 5 80D.11 Employee pay. 6 While performing official duties, each reserve peace officer 7 shall be considered an employee of the governing body which 8 the officer represents and shall be paid a minimum of one 9 dollar per year. The governing body of a city, a county, or 10 the state , or the Iowa department of corrections may provide 11 additional monetary assistance for the purchase and maintenance 12 of uniforms and equipment used by reserve peace officers. 13 Sec. 48. Section 125.93, Code 2024, is amended to read as 14 follows: 15 125.93 Commitment records confidentiality. 16 Records of the identity, diagnosis, prognosis, or treatment 17 of a person which are maintained in connection with the 18 provision of substance use disorder treatment services are 19 confidential, consistent with the requirements of section 20 125.37 , and with the federal confidentiality regulations 21 authorized by the federal Drug Abuse Office and Treatment Act, 22 42 U.S.C. 290ee and the federal Comprehensive Alcohol Abuse 23 and Alcoholism Prevention, Treatment and Rehabilitation Act, 42 24 U.S.C. 290dd-2. However, such records may be disclosed to an 25 employee of the department of corrections, if authorized by the 26 director of the department of corrections , or to an employee 27 of a judicial district department of correctional services, if 28 authorized by the director of the judicial district department 29 of correctional services . 30 Sec. 49. Section 216A.136, subsection 8, Code 2024, is 31 amended to read as follows: 32 8. Community-based correctional program records maintained 33 under chapter 905 904 . 34 Sec. 50. Section 321J.2, subsection 3, paragraph b, 35 -21- HF 2686 (3) 90 md/ns/md 21/ 75
H.F. 2686 subparagraph (1), Code 2024, is amended to read as follows: 1 (1) With the consent of the defendant, the court may 2 defer judgment pursuant to section 907.3 and may place the 3 defendant on probation upon conditions as it may require. Upon 4 a showing that the defendant is not fulfilling the conditions 5 of probation, the court may revoke probation and impose any 6 sentence authorized by law. Before taking such action, the 7 court shall give the defendant an opportunity to be heard on 8 any matter relevant to the proposed action. Upon violation 9 of the conditions of probation, the court may proceed as 10 provided in chapter 908 . Upon fulfillment of the conditions 11 of probation and the payment of fees imposed and not waived 12 by the judicial district department of correctional services 13 under section 905.14 904.912 , the defendant shall be discharged 14 without entry of judgment. 15 Sec. 51. Section 669.2, subsection 5, Code 2024, is amended 16 to read as follows: 17 5. State agency includes all executive departments, 18 agencies, boards, bureaus, and commissions of the state of 19 Iowa, and corporations whose primary function is to act as, and 20 while acting as, instrumentalities or agencies of the state of 21 Iowa, whether or not authorized to sue and be sued in their 22 own names. This definition does not include a contractor with 23 the state of Iowa. Soil and water conservation districts as 24 defined in section 161A.3, subsection 6 , and judicial district 25 departments of correctional services as established in section 26 905.2 904.104A are state agencies for purposes of this chapter . 27 Sec. 52. Section 708.2B, subsection 1, Code 2024, is amended 28 to read as follows: 29 1. As used in this section , district department means 30 a judicial district department of correctional services, 31 established pursuant to section 905.2 904.104A . 32 Sec. 53. Section 901A.2, subsection 8, Code 2024, is amended 33 to read as follows: 34 8. In addition to any other sentence imposed on a person 35 -22- HF 2686 (3) 90 md/ns/md 22/ 75
H.F. 2686 convicted of a sexually predatory offense pursuant to 1 subsection 1, 2, or 3 , the person shall be sentenced to an 2 additional term of parole or work release not to exceed two 3 years. The board of parole shall determine whether the person 4 should be released on parole or placed in a work release 5 program. The sentence of parole supervision shall commence 6 immediately upon the persons release by the board of parole 7 and shall be under the terms and conditions as set out in 8 chapter 906 . Violations of parole or work release shall 9 be subject to the procedures set out in chapter 905 904 or 10 908 or rules adopted under those chapters. For purposes of 11 disposition of a parole violator upon revocation of parole or 12 work release, the sentence of an additional term of parole or 13 work release shall be considered part of the original term of 14 commitment to the department of corrections. 15 Sec. 54. Section 902.1, subsection 4, Code 2024, is amended 16 to read as follows: 17 4. If a defendant is paroled pursuant to subsection 2 or 3 , 18 the defendant shall be subject to the same set of procedures 19 set out in chapters 901B , 905 904 , 906 , and 908 , and rules 20 adopted under those chapters for persons on parole. 21 Sec. 55. Section 903B.1, Code 2024, is amended to read as 22 follows: 23 903B.1 Special sentence class B or class C felonies. 24 A person convicted of a class C felony or greater offense 25 under chapter 709 or section 728.12 , or a class B felony 26 under section 713.3, subsection 1 , paragraph d , shall also be 27 sentenced, in addition to any other punishment provided by law, 28 to a special sentence committing the person into the custody 29 of the director of the Iowa department of corrections for the 30 rest of the persons life, with eligibility for parole as 31 provided in chapter 906 . The board of parole shall determine 32 whether the person should be released on parole or placed in 33 a work release program. The special sentence imposed under 34 this section shall commence upon completion of the sentence 35 -23- HF 2686 (3) 90 md/ns/md 23/ 75
H.F. 2686 imposed under any applicable criminal sentencing provisions for 1 the underlying criminal offense and the person shall begin the 2 sentence under supervision as if on parole or work release. 3 The person shall be placed on the corrections continuum in 4 chapter 901B , and the terms and conditions of the special 5 sentence, including violations, shall be subject to the same 6 set of procedures set out in chapters 901B , 905 904 , 906 , and 7 908 , and rules adopted under those chapters for persons on 8 parole or work release. The revocation of release shall not be 9 for a period greater than two years upon any first revocation, 10 and five years upon any second or subsequent revocation. A 11 special sentence shall be considered a category A sentence 12 for purposes of calculating earned time under section 903A.2 . 13 Sec. 56. Section 903B.2, Code 2024, is amended to read as 14 follows: 15 903B.2 Special sentence class D felonies or 16 misdemeanors. 17 A person convicted of a misdemeanor or a class D felony 18 offense under chapter 709 , section 726.2 , or section 728.12 19 shall also be sentenced, in addition to any other punishment 20 provided by law, to a special sentence committing the person 21 into the custody of the director of the Iowa department of 22 corrections for a period of ten years, with eligibility for 23 parole as provided in chapter 906 . The board of parole shall 24 determine whether the person should be released on parole 25 or placed in a work release program. The special sentence 26 imposed under this section shall commence upon completion of 27 the sentence imposed under any applicable criminal sentencing 28 provisions for the underlying criminal offense and the person 29 shall begin the sentence under supervision as if on parole or 30 work release. The person shall be placed on the corrections 31 continuum in chapter 901B , and the terms and conditions of the 32 special sentence, including violations, shall be subject to the 33 same set of procedures set out in chapters 901B , 905 904 , 906 , 34 and 908 , and rules adopted under those chapters for persons on 35 -24- HF 2686 (3) 90 md/ns/md 24/ 75
H.F. 2686 parole or work release. The revocation of release shall not be 1 for a period greater than two years upon any first revocation, 2 and five years upon any second or subsequent revocation. A 3 special sentence shall be considered a category A sentence 4 for purposes of calculating earned time under section 903A.2 . 5 Sec. 57. Section 904.101, Code 2024, is amended by adding 6 the following new subsections: 7 NEW SUBSECTION . 1A. Community-based correctional program 8 means correctional programs and services, under the direction 9 of a district director and the department, including but 10 not limited to an intermediate criminal sanctions program 11 in accordance with the corrections continuum in section 12 901B.1, designed to supervise and assist individuals who 13 are charged with or have been convicted of a felony, an 14 aggravated misdemeanor or a serious misdemeanor, or who 15 are on probation or parole in lieu of or as a result of a 16 sentence of incarceration imposed upon conviction of any 17 of these offenses, or who are contracted to the district 18 department for supervision and housing while on work release. 19 A community-based correctional program shall be designed by a 20 district department, under the direction and control of the 21 department, in a manner that provides services in a manner 22 free of disparities based upon an individuals race or ethnic 23 origin. 24 NEW SUBSECTION . 1B. Community-based corrections facility 25 means property or buildings owned or operated by the department 26 for a community-based correctional program. 27 NEW SUBSECTION . 4. District advisory board means the 28 advisory board of a district department. 29 NEW SUBSECTION . 5. District department means a judicial 30 district department of correctional services established under 31 section 904.104A. 32 NEW SUBSECTION . 6. District director means the director 33 of a district department, appointed by the director under 34 section 904.301A. 35 -25- HF 2686 (3) 90 md/ns/md 25/ 75
H.F. 2686 Sec. 58. Section 904.102, Code 2024, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 12. Community-based corrections 3 facilities. 4 Sec. 59. Section 904.103, subsection 1, Code 2024, is 5 amended by striking the subsection. 6 Sec. 60. Section 904.301A, Code 2024, is amended to read as 7 follows: 8 904.301A Appointment of directors. 9 The director shall appoint, subject to the approval of 10 the board, a district director for each judicial district 11 department of correctional services established in section 12 905.2 904.104A . 13 Sec. 61. Section 904.303, Code 2024, is amended to read as 14 follows: 15 904.303 Officers and employees compensation. 16 1. The director shall determine the number and compensation 17 of subordinate officers and employees for each institution 18 subject to chapter 8A, subchapter IV . Subject to this chapter , 19 the officers and employees shall be appointed and discharged 20 by the superintendent or district director, as applicable, 21 who shall keep in the record of each subordinate officer and 22 employee, the date of employment, the compensation, and the 23 date of and the reasons for each discharge. 24 2. The superintendents , district directors, and employees 25 of the correctional institutions shall receive salaries or 26 compensation as determined by the director, shall receive a 27 midshift meal when on duty, and shall be provided uniforms if 28 uniforms are required to be worn when on duty. The uniforms 29 shall be maintained and replaced by the department at no 30 cost to the employees and shall remain the property of the 31 department. 32 Sec. 62. Section 904.306, Code 2024, is amended to read as 33 follows: 34 904.306 Conferences. 35 -26- HF 2686 (3) 90 md/ns/md 26/ 75
H.F. 2686 Quarterly conferences of the superintendents and the 1 district directors of the institutions shall be held with 2 the director for the consideration of all matters relative 3 to the management of the institutions. Full minutes of the 4 meetings shall be preserved in the records of the director. 5 The director may cause papers to be prepared and read at the 6 conferences on appropriate subjects. 7 Sec. 63. Section 904.307, Code 2024, is amended to read as 8 follows: 9 904.307 Annual reports. 10 1. The superintendent of each institution shall make an 11 annual report to the director. 12 2. The district director of each district department shall 13 make an annual report to the director. 14 Sec. 64. Section 904.310, Code 2024, is amended to read as 15 follows: 16 904.310 Canteens. 17 The director may maintain a canteen at an institution under 18 the directors jurisdiction for the sale to persons confined 19 in or committed to the institution of items such as toilet 20 articles, candy, tobacco products, notions, and other sundries, 21 and may provide the necessary facilities, equipment, personnel, 22 and merchandise for the canteen. The director shall specify 23 the items to be sold in the canteen. The department may 24 establish and maintain a permanent operating fund for each 25 canteen. The fund shall consist of the receipts from the 26 sale of commodities at the canteen and donations designated 27 by inmates for reimbursement of victims travel expenses. 28 Any money in the fund over the amount needed to do normal 29 business transactions, to reimburse any accounts which have 30 subsidized the canteen fund, and to reimburse victims travel 31 expenses shall be considered profit. This money may remain in 32 the institutions canteen fund and be used for any purchase 33 which the superintendent or district director, as applicable, 34 approves that will directly and collectively benefit the 35 -27- HF 2686 (3) 90 md/ns/md 27/ 75
H.F. 2686 inmates of the institution or to reimburse victims travel 1 expenses. 2 Sec. 65. Section 904.311, subsection 1, Code 2024, is 3 amended to read as follows: 4 1. The director may permit the superintendent or the 5 district director, as applicable, of each institution to retain 6 a stated amount of funds in possession as a contingent fund 7 for the payment of freight, postage, commodities purchased 8 on authority of the director on a cash basis, salaries, 9 inmate allowances, and bills granting discount for cash. If 10 necessary, the director shall make proper requisition upon the 11 director of the department of administrative services for a 12 warrant on the treasurer of state to secure the contingent fund 13 for each institution. 14 Sec. 66. Section 904.315, subsection 1, Code 2024, is 15 amended to read as follows: 16 1. The director of the department of administrative 17 services shall, in writing, let all contracts for authorized 18 improvements under chapter 8A, subchapter III , costing in 19 excess of the competitive bid threshold in section 26.3 , or as 20 established in section 314.1B . Upon prior authorization by 21 the director, improvements costing five thousand dollars or 22 less may be made by the superintendent or district director, as 23 applicable, of any institution. 24 Sec. 67. Section 904.502, Code 2024, is amended to read as 25 follows: 26 904.502 Questionable commitment. 27 The superintendent or the district director, as applicable, 28 shall within three days of the commitment or entrance of a 29 person at the institution notify the director if there is any 30 question as to the propriety of the commitment or detention of 31 any person received at the institution, and the director upon 32 notification shall inquire into the matter presented, and take 33 appropriate action. 34 Sec. 68. Section 904.505, subsection 2, Code 2024, is 35 -28- HF 2686 (3) 90 md/ns/md 28/ 75
H.F. 2686 amended to read as follows: 1 2. The superintendent or district director, as applicable, 2 of each institution shall maintain a register of all penalties 3 imposed on inmates and the cause for which the penalties were 4 imposed. 5 Sec. 69. Section 904.512, Code 2024, is amended to read as 6 follows: 7 904.512 Visits. 8 Members of the executive council, the attorney general, 9 the lieutenant governor, members of the general assembly, 10 judges of the supreme and district court and court of appeals, 11 judicial magistrates, county attorneys , and persons ordained 12 or designated as regular leaders of a religious community are 13 authorized to visit all institutions under the control of the 14 Iowa department of corrections at reasonable times. No other 15 person shall be granted admission except by permission of the 16 superintendent or district director, as applicable . 17 Sec. 70. Section 904.513, subsection 1, paragraph a, Code 18 2024, is amended to read as follows: 19 a. The department of corrections , in cooperation with the 20 judicial district departments of correctional services, shall 21 establish in each judicial district a continuum of programming 22 for the supervision and treatment of offenders convicted of 23 violating chapter 321J who are sentenced to the custody of the 24 director. The continuum shall include a range of sanctioning 25 options that include but are not limited to prisons and 26 residential facilities. 27 Sec. 71. Section 904.513, subsection 1, paragraph b, 28 subparagraph (4), Code 2024, is amended to read as follows: 29 (4) Assignment may also be made on the basis of the 30 offenders treatment program performance, as a disciplinary 31 measure, for medical needs, and for space availability at 32 community residential facilities. If there is insufficient 33 space at a community residential facility, the court may order 34 an offender to be released to the supervision of the judicial 35 -29- HF 2686 (3) 90 md/ns/md 29/ 75
H.F. 2686 district department of correctional services , held in jail, 1 or committed to the custody of the director of the department 2 of corrections for assignment to an appropriate correctional 3 facility until there is sufficient space at a community 4 residential facility. 5 Sec. 72. Section 904.514, subsections 1 and 3, Code 2024, 6 are amended to read as follows: 7 1. A person committed to an institution under the control of 8 the department who bites another person, who causes an exchange 9 of bodily fluids with another person, or who causes any bodily 10 secretion to be cast upon another person, shall submit to the 11 withdrawal of a bodily specimen for testing to determine if the 12 person is infected with a contagious infectious disease. The 13 bodily specimen to be taken shall be determined by the staff 14 physician of the institution. The specimen taken shall be 15 sent to the state hygienic laboratory or some other laboratory 16 approved by the department of health and human services. If a 17 person to be tested pursuant to this section refuses to submit 18 to the withdrawal of a bodily specimen, application may be made 19 by the superintendent of the institution to the district court 20 for an order compelling the person to submit to the withdrawal 21 and, if infected, to available treatment. An order authorizing 22 the withdrawal of a specimen for testing may be issued only by 23 a district judge or district associate judge upon application 24 by the superintendent or district director, as applicable, of 25 the institution. 26 3. Personnel at an institution under the control of the 27 department or of a residential facility operated by a judicial 28 district department of correctional services shall be notified 29 if a person committed to any of these institutions is found to 30 have a contagious infectious disease. 31 Sec. 73. Section 904.602, subsection 1, unnumbered 32 paragraph 1, Code 2024, is amended to read as follows: 33 The following information regarding individuals receiving 34 or who have received services from the department or from the 35 -30- HF 2686 (3) 90 md/ns/md 30/ 75
H.F. 2686 judicial district departments of correctional services under 1 chapter 905 is public information and may be given to anyone: 2 Sec. 74. Section 904.602, subsection 2, unnumbered 3 paragraph 1, Code 2024, is amended to read as follows: 4 The following information regarding individuals receiving 5 or who have received services from the department or from the 6 judicial district departments of correctional services under 7 chapter 905 is confidential and shall not be disseminated by 8 the department to the public: 9 Sec. 75. Section 904.602, subsections 6 and 10, Code 2024, 10 are amended to read as follows: 11 6. Confidential information described in subsection 2 may 12 be disclosed to public officials for use in connection with 13 their official duties relating to law enforcement, audits and 14 other purposes directly connected with the administration of 15 their programs. Full disclosure by the department of any 16 information on an individual may be made to the board of parole 17 and to judicial district departments of correctional services 18 created under chapter 905 , and the board and those district 19 departments are subject to the same standards as the department 20 in dissemination or redissemination of information on persons 21 served or supervised by those district departments, and all 22 provisions of this section pertain to the board of parole and 23 to the judicial district departments as if they were a part 24 of the department. Information may be disseminated about 25 individuals while under the supervision of the department 26 to public or private agencies to which persons served or 27 supervised by the department are referred for specific services 28 not otherwise provided by the department but only to the extent 29 that the information is needed by those agencies to provide the 30 services required, and they shall keep information received 31 from the department confidential. 32 10. Regulations, procedures, and policies that govern the 33 internal administration of the department and the judicial 34 district departments of correctional services under chapter 35 -31- HF 2686 (3) 90 md/ns/md 31/ 75
H.F. 2686 905 , which if released may jeopardize the secure operation of a 1 correctional institution operation or program are confidential 2 unless otherwise ordered by a court. These records include 3 procedures on inmate movement and control; staffing patterns 4 and regulations; emergency plans; internal investigations; 5 equipment use and security; building plans, operation, 6 and security; security procedures for inmates, staff, and 7 visitors; daily operation records; and contraband and medicine 8 control. These records are exempt from the public inspection 9 requirements in section 17A.3 and section 22.2 . 10 Sec. 76. Section 904.704, Code 2024, is amended to read as 11 follows: 12 904.704 Limitation on contracts. 13 The director or the superintendents superintendent or 14 district director, as applicable, of the institutions shall 15 not, nor shall any other person employed by the state, make 16 any contract by which the labor or time of an inmate in the 17 institution is given, loaned, or sold to any person unless as 18 provided by subchapter VIII or section 904.703 . 19 Sec. 77. Section 904.904, Code 2024, is amended to read as 20 follows: 21 904.904 Housing facilities halfway houses. 22 Unless the inmate returns after working hours to the 23 institution under jurisdiction of the department of 24 corrections , the department of corrections shall contract 25 coordinate with a judicial district department of correctional 26 services for the quartering and supervision of the inmate in 27 local housing facilities. The board of parole shall include 28 as a specific term or condition in the work release plan of 29 any inmate the place where the inmate is to be housed when not 30 on the work assignment. The board of parole shall not place 31 an inmate on work release for longer than six months in any 32 twelve-month period unless approval is given by a majority of 33 the full board of parole. Inmates may be temporarily released 34 to the supervision of a responsible person to participate in 35 -32- HF 2686 (3) 90 md/ns/md 32/ 75
H.F. 2686 family and selected community, religious, educational, social, 1 civic, and recreational activities when it is determined 2 that the participation will directly facilitate the release 3 transition from institution to community. The department of 4 corrections shall provide a copy of the work release plan and 5 a copy of any restitution plan of payment to the judicial 6 district department of correctional services quartering and 7 supervising the inmate. 8 Sec. 78. Section 904.905, Code 2024, is amended to read as 9 follows: 10 904.905 Surrender of earnings. 11 1. An inmate employed in the community under a work release 12 plan shall surrender to the judicial district department of 13 correctional services the inmates total earnings less payroll 14 deductions required by law. The judicial district department 15 of correctional services shall deduct from the earnings in the 16 following order of priority: 17 a. An amount the inmate may be legally obligated to pay 18 for the support of the inmates dependents, the amount of 19 which shall be paid to the dependents through the department 20 of health and human services. 21 b. Restitution as ordered by the court pursuant to chapter 22 910 . 23 c. An amount determined to be the cost to the judicial 24 district department of correctional services for providing 25 food, lodging, and clothing for the inmate while under the 26 program. 27 d. Any other financial obligations which are acknowledged by 28 the inmate or any unsatisfied judgment against the inmate. 29 2. Any balance remaining after deductions and payments 30 shall be credited to the inmates personal account at the 31 judicial district department of correctional services and shall 32 be paid to the inmate upon release. An inmate so employed 33 shall be paid a fair and reasonable wage in accordance with the 34 prevailing wage scale for such work and shall work at fair and 35 -33- HF 2686 (3) 90 md/ns/md 33/ 75
H.F. 2686 reasonable hours per day and per week. 1 Sec. 79. Section 904.906, Code 2024, is amended to read as 2 follows: 3 904.906 Status of inmates on work release. 4 An inmate employed in the community under this chapter 5 is not an agent, employee, or involuntary servant of the 6 department of corrections , or the board of parole , or the 7 judicial district department of correctional services while 8 released from confinement under the terms of a work release 9 plan. If an inmate suffers an injury arising out of or in 10 the course of the inmates employment under this chapter , the 11 inmates recovery shall be from the insurance carrier of the 12 employer of the project and no proceedings for compensation 13 shall be maintained against the insurance carrier of the 14 state institution , or the state , the insurance carrier of the 15 judicial district department of correctional services, or the 16 judicial district department of correctional services, and 17 there is no employer-employee relationship between the inmate 18 and the state institution , or the board of parole , or the 19 judicial district department of correctional services . 20 Sec. 80. Section 904.908, subsections 1 and 2, Code 2024, 21 are amended to read as follows: 22 1. Upon request by the Iowa department of corrections , 23 or the board of parole, or a judicial district department 24 of correctional services a county shall provide temporary 25 confinement for alleged violators of work release conditions 26 if space is available. 27 2. The Iowa department of corrections shall negotiate 28 a reimbursement rate with each county for the temporary 29 confinement of alleged violators of work release conditions 30 who are in the custody of or who are housed or supervised 31 by the director of the Iowa department of corrections or who 32 are housed or supervised by the judicial district department 33 of correctional services . The amount to be reimbursed shall 34 be determined by multiplying the number of days a person is 35 -34- HF 2686 (3) 90 md/ns/md 34/ 75
H.F. 2686 confined by the average daily cost of confining a person in the 1 county facility as negotiated with the department. Payment 2 shall be made upon submission of a voucher executed by the 3 sheriff and approved by the director of the Iowa department of 4 corrections. 5 Sec. 81. Section 904.910, subsections 4 and 5, Code 2024, 6 are amended to read as follows: 7 4. The department may contract with a judicial district 8 department of correctional services for the housing and 9 supervision of an An inmate in local facilities as provided 10 in section 904.904 may be housed and supervised by a district 11 department . The institutional work release plan shall 12 indicate the place where the inmate is to be housed when not 13 on work assignment. The plan shall not allow for placement 14 of an inmate on work release for more than six months in any 15 twelve-month period without unanimous committee approval to 16 do so. However, an inmate may be temporarily released to the 17 supervision of a responsible person to participate in family 18 and selected community, religious, educational, social, civic, 19 and recreational activities when the committee determines that 20 the participation will directly facilitate the release of the 21 inmate from the institution to the community. The department 22 shall provide a copy of the work release plan and a copy of any 23 restitution plan of payment to the judicial district department 24 of correctional services housing and supervising the inmate. 25 5. An inmate employed in the community under an 26 institutional work release plan approved pursuant to this 27 section shall surrender the inmates total earnings less 28 payroll deductions required by law to the superintendent, or to 29 the judicial district department of correctional services if it 30 is housing or supervising the inmate. The superintendent or 31 the judicial district department of correctional services shall 32 deduct from the earnings in the priority established in section 33 904.905 . 34 Sec. 82. Section 905.2, Code 2024, is amended to read as 35 -35- HF 2686 (3) 90 md/ns/md 35/ 75
H.F. 2686 follows: 1 905.2 District Judicial district departments of correctional 2 services established. 3 1. There is established in each judicial district in this 4 state a judicial district department of correctional services. 5 Each district department shall furnish or contract for those 6 services necessary to provide a community-based correctional 7 program which meets the requirements of the Iowa department of 8 corrections . 9 2. The district department is under the direction of the 10 Iowa department of corrections, and shall be administered 11 by a district director employed by the Iowa department of 12 corrections . A district department is a state agency for 13 purposes of chapter 669 . 14 3. All employees of a district department shall be employees 15 of the Iowa department of corrections . 16 Sec. 83. Section 905.3, Code 2024, is amended to read as 17 follows: 18 905.3 District advisory board expenses reimbursed. 19 1. a. A district advisory board is established for each 20 district department, which shall serve in an advisory capacity 21 to a district director without compensation, and shall be 22 composed as follows: 23 (1) a. One member shall be appointed annually by a district 24 director from the board of supervisors of each county in the 25 judicial district. 26 (2) b. The district director shall on or before December 31 27 appoint two citizen members to serve on the district advisory 28 board for the following calendar year. 29 (3) A number of members equal to the number of citizen 30 members shall be appointed by the chief judge of the judicial 31 district on or before December 31 to serve on the district 32 advisory board for the following calendar year. 33 b. 2. The district advisory board shall meet not more often 34 than quarterly during the calendar year. 35 -36- HF 2686 (3) 90 md/ns/md 36/ 75
H.F. 2686 2. 3. The members of the district advisory board shall be 1 reimbursed from funds of the district department for travel and 2 other expenses necessarily incurred in attending meetings. 3 Sec. 84. Section 905.4, Code 2024, is amended to read as 4 follows: 5 905.4 Duties of the district advisory board. 6 The district advisory board shall: 7 1. Adopt bylaws and rules for the conduct of its own 8 district advisory board business. 9 2. Advise the district director concerning suitable 10 quarters at one or more sites in the district as may be 11 necessary for the district departments community-based 12 correctional program. 13 3. Recruit and promote local financial support for the 14 district departments community-based correctional program from 15 private sources such as community service funds, business, 16 industrial and private foundations, voluntary agencies , and 17 other lawful sources. 18 Sec. 85. Section 905.6, Code 2024, is amended to read as 19 follows: 20 905.6 Duties of district director. 21 The Each district director employed by the Iowa department 22 of corrections shall be qualified in the administration of 23 correctional programs. The district director shall: 24 1. Perform the duties and have the responsibilities 25 delegated or specified by the Iowa department of corrections . 26 2. Manage the district departments community-based 27 correctional program, in accordance with the policies of the 28 Iowa department of corrections . 29 3. Employ, with approval of the Iowa department of 30 corrections , and supervise the employees of the district 31 department, including reserve peace officers, if a force of 32 reserve peace officers has been established. 33 4. Prepare all budgets and fiscal documents, and certify 34 for payment all expenses and payrolls lawfully incurred by the 35 -37- HF 2686 (3) 90 md/ns/md 37/ 75
H.F. 2686 district department. 1 5. Act as secretary to the district advisory board, prepare 2 its agenda and record its proceedings. The district shall 3 provide a copy of minutes from each meeting of the district 4 advisory board to the legislative services agency. 5 6. Develop and submit to the Iowa department of corrections 6 a plan for the establishment, implementation, and operation 7 of a community-based correctional program in that judicial 8 district, which program conforms to the guidelines drawn up 9 by the Iowa department of corrections under this chapter and 10 which conform to rules, policies, and procedures pertaining 11 to the supervision of parole and work release adopted by the 12 director of the Iowa department of corrections concerning the 13 community-based correctional program. 14 7. Negotiate and, upon approval by the Iowa department of 15 corrections , implement contracts or other arrangements for 16 utilization of local treatment and service resources authorized 17 by subsection 15 . 18 8. Administer the batterers treatment program for domestic 19 abuse offenders required in section 708.2B . 20 9. Notify the board of parole, thirty days prior to release, 21 of the release from a residential facility operated by the 22 district department of a person serving a sentence under 23 section 902.12 . 24 10. File with the director of the Iowa department of 25 corrections , within ninety days after the close of each 26 fiscal year, a report covering the district advisory boards 27 proceedings and a statement of receipts and expenditures during 28 the preceding fiscal year. 29 11. Arrange for, upon approval of the Iowa department of 30 corrections , by contract or on such alternative basis as may 31 be mutually acceptable, and equip suitable quarters at one 32 or more sites in the district as may be necessary for the 33 district departments community-based correctional program, 34 provided that the district director shall to the greatest 35 -38- HF 2686 (3) 90 md/ns/md 38/ 75
H.F. 2686 extent feasible utilize existing facilities and shall keep 1 capital expenditures for acquisition, renovation, and repair 2 of facilities to a minimum. The district director shall not 3 enter into lease-purchase agreements for the purposes of 4 constructing, renovating, expanding, or otherwise improving 5 a community-based correctional facility or office unless 6 express authorization has been granted by the general assembly, 7 and current funding is adequate to meet the lease-purchase 8 obligation. 9 12. Have authority to accept property by gift, devise, 10 bequest, or otherwise, and to sell or exchange any property 11 so accepted and apply the proceeds thereof, or the property 12 received in exchange therefor, to the purposes enumerated in 13 subsection 11 . 14 13. Recruit, promote, accept, and use local financial 15 support for the district departments community-based 16 correctional program from private sources such as community 17 service funds, business, industrial and private foundations, 18 voluntary agencies, and other lawful sources. 19 14. Accept and expend state and federal funds available 20 directly to the district department for all or any part of the 21 cost of its community-based correctional program. 22 15. Arrange, by contract or on an alternative basis mutually 23 acceptable, and with approval of the director of the Iowa 24 department of corrections or that directors designee for 25 utilization of existing local treatment and service resources, 26 including but not limited to employment, job training, 27 general, special, or remedial education; psychiatric and 28 marriage counseling; and substance use disorder treatment and 29 counseling. 30 16. Have authority to establish a force of reserve peace 31 officers, either separately or collectively through a chapter 32 28E agreement, as provided in chapter 80D . 33 Sec. 86. Section 905.14, subsection 3, Code 2024, is amended 34 to read as follows: 35 -39- HF 2686 (3) 90 md/ns/md 39/ 75
H.F. 2686 3. The department of corrections may adopt rules for the 1 administration of this section . If adopted, the rules shall 2 include a provision for waiving the collection of fees for 3 persons determined to be unable to pay. 4 Sec. 87. Section 907.3, subsection 1, paragraph c, Code 5 2024, is amended to read as follows: 6 c. Upon fulfillment of the conditions of probation and 7 the payment of fees imposed and not waived by the judicial 8 district department of correctional services under section 9 905.14 904.912 , the defendant shall be discharged without entry 10 of judgment. 11 Sec. 88. Section 907.3, subsection 3, unnumbered paragraph 12 1, Code 2024, is amended to read as follows: 13 By record entry at the time of or after sentencing, the court 14 may suspend the sentence and place the defendant on probation 15 upon such terms and conditions as it may require including 16 commitment to an alternate jail facility or a community 17 correctional residential treatment facility to be followed 18 by a period of probation as specified in section 907.7 , or 19 commitment of the defendant to the judicial district department 20 of correctional services for supervision or services under 21 section 901B.1 at the level of sanctions which the district 22 department determines to be appropriate and the payment of fees 23 imposed under section 905.14 904.912 . A person so committed 24 who has probation revoked shall not be given credit for such 25 time served. However, a person committed to an alternate jail 26 facility or a community correctional residential treatment 27 facility who has probation revoked shall be given credit for 28 time served in the facility. The court shall not suspend any 29 of the following sentences: 30 Sec. 89. Section 907.7, subsection 3, Code 2024, is amended 31 to read as follows: 32 3. The court may subsequently reduce the length of the 33 probation if the court determines that the purposes of 34 probation have been fulfilled and the fees imposed under 35 -40- HF 2686 (3) 90 md/ns/md 40/ 75
H.F. 2686 section 905.14 904.912 have been paid to or waived by the 1 judicial district department of correctional services and 2 that court debt collected pursuant to section 602.8107 has 3 been paid. The purposes of probation are to provide maximum 4 opportunity for the rehabilitation of the defendant and to 5 protect the community from further offenses by the defendant 6 and others. 7 Sec. 90. Section 907.9, subsections 1 and 2, Code 2024, are 8 amended to read as follows: 9 1. At any time that the court determines that the purposes 10 of probation have been fulfilled and fees imposed under section 11 905.14 904.912 and court debt collected pursuant to section 12 602.8107 have been paid, the court may order the discharge of a 13 person from probation. 14 2. At any time that a probation officer determines that 15 the purposes of probation have been fulfilled and fees imposed 16 under section 905.14 904.912 and court debt collected pursuant 17 to section 602.8107 have been paid, the officer may order the 18 discharge of a person from probation after approval of the 19 district director and notification of the sentencing court and 20 the county attorney who prosecuted the case. 21 Sec. 91. Section 907.9, subsection 4, paragraph a, Code 22 2024, is amended to read as follows: 23 a. At the expiration of the period of probation if the fees 24 imposed under section 905.14 904.912 and court debt collected 25 pursuant to section 602.8107 have been paid, the court shall 26 order the discharge of the person from probation. If portions 27 of the court debt remain unpaid, the person shall establish a 28 payment plan with the clerk of the district court or the county 29 attorney prior to the discharge. The court shall forward to 30 the governor a recommendation for or against restoration of 31 citizenship rights to that person upon discharge. A person who 32 has been discharged from probation shall no longer be held to 33 answer for the persons offense. 34 Sec. 92. REPEAL. Sections 905.1, 905.7, 905.8, 905.9, 35 -41- HF 2686 (3) 90 md/ns/md 41/ 75
H.F. 2686 905.10, 905.12, 905.13, and 905.15, Code 2024, are repealed. 1 Sec. 93. CODE EDITOR DIRECTIVE. 2 1. The Code editor is directed to make the following 3 transfers: 4 a. Section 905.2 to section 904.104A. 5 b. Section 905.3 to section 904.104B. 6 c. Section 905.4 to section 904.105A. 7 d. Section 905.6 to section 904.301B. 8 e. Section 905.11 to section 904.911. 9 f. Section 905.14 to section 904.912. 10 g. Section 905.16 to section 904.913. 11 2. The Code editor is directed to correct internal 12 references in the Code and in any enacted legislation as 13 necessary due to enactment of this division of this Act. 14 DIVISION VI 15 DEPARTMENT OF REVENUE 16 Sec. 94. Section 99G.3, subsection 5, Code 2024, is amended 17 to read as follows: 18 5. Director means the director of the department of 19 revenue or the directors designee. 20 Sec. 95. Section 99G.7, subsection 1, paragraphs b and c, 21 Code 2024, are amended to read as follows: 22 b. Promote or provide for promotion of the lottery and any 23 functions related to the division under this chapter . 24 c. Prepare a budget for the approval of the director for 25 activities of the division under this chapter . 26 Sec. 96. Section 99G.7, subsection 1, paragraph g, Code 27 2024, is amended by striking the paragraph. 28 Sec. 97. Section 99G.8, subsections 4, 11, and 13, Code 29 2024, are amended to read as follows: 30 4. No officer or employee of the department shall be a 31 member of the board. 32 11. The board shall meet at least quarterly and at such 33 other times upon call of the chairperson or the chief executive 34 officer administrator . Notice of the time and place of each 35 -42- HF 2686 (3) 90 md/ns/md 42/ 75
H.F. 2686 board meeting shall be given to each member. The board shall 1 also meet upon call of three or more of the board members. 2 The board shall keep accurate and complete records of all its 3 meetings. 4 13. Board members shall not have any direct or indirect 5 interest in an undertaking that puts their personal interest 6 in conflict with that of the department under this chapter 7 including but not limited to an interest in a major procurement 8 contract or a participating retailer. 9 Sec. 98. Section 99G.10, subsection 3, Code 2024, is amended 10 to read as follows: 11 3. A background investigation shall be conducted by 12 the department of public safety, division of criminal 13 investigation, on each applicant who has reached the final 14 selection process prior to employment by the department under 15 this chapter . For positions not designated as sensitive by the 16 department, the investigation may consist of a state criminal 17 history background check, work history, and financial review. 18 The department shall identify those sensitive positions of 19 the division which require full background investigations, 20 which positions shall include, at a minimum, any officer of 21 the division, and any employee with operational management 22 responsibilities, security duties, or system maintenance or 23 programming responsibilities related to the divisions data 24 processing or network hardware, software, communication, or 25 related systems under this chapter . In addition to a work 26 history and financial review, a full background investigation 27 may include a national criminal history check through the 28 federal bureau of investigation. The screening of employees 29 through the federal bureau of investigation shall be conducted 30 by submission of fingerprints through the state criminal 31 history repository to the federal bureau of investigation. The 32 results of background investigations conducted pursuant to this 33 section shall not be considered public records under chapter 34 22 . 35 -43- HF 2686 (3) 90 md/ns/md 43/ 75
H.F. 2686 Sec. 99. Section 99G.11, subsections 1, 2, 3, and 4, Code 1 2024, are amended to read as follows: 2 1. A member of the board , any officer, or other employee of 3 the division shall not directly or indirectly, individually, 4 as a member of a partnership or other association, or as a 5 shareholder, director, or officer of a corporation have an 6 interest in a business that contracts for the operation or 7 marketing of the lottery as authorized by this chapter , unless 8 the business is controlled or operated by a consortium of 9 lotteries in which the division has an interest. 10 2. Notwithstanding the provisions of chapter 68B , a person 11 contracting or seeking to contract with the state to supply 12 gaming equipment or materials for use in the operation of the 13 lottery, an applicant for a license to sell tickets or shares 14 in the lottery, or a retailer shall not offer a member of 15 the board , any officer, or other employee of the division, 16 or a member of their immediate family a gift, gratuity, or 17 other thing having a value of more than the limits established 18 in chapter 68B , other than food and beverage consumed at 19 a meal. For purposes of this subsection , member of their 20 immediate family means a spouse, child, stepchild, brother, 21 brother-in-law, stepbrother, sister, sister-in-law, stepsister, 22 parent, parent-in-law, or step-parent of the board member , the 23 officer, or other employee who resides in the same household 24 in the same principal residence of the board member , officer, 25 or other employee. 26 3. If a board member , officer, or other employee of the 27 division violates a provision of this section , the board 28 member , officer, or employee shall be immediately removed from 29 the office or position. 30 4. Enforcement of this section against a board member , 31 officer, or other employee shall be by the attorney general who 32 upon finding a violation shall initiate an action to remove the 33 board member , officer, or employee. 34 Sec. 100. Section 99G.12, subsection 1, Code 2024, is 35 -44- HF 2686 (3) 90 md/ns/md 44/ 75
H.F. 2686 amended to read as follows: 1 1. The authority department may operate self-service kiosks 2 to dispense authorized lottery tickets or products in locations 3 where lottery games and lottery products are sold, subject to 4 the requirements of this chapter . 5 Sec. 101. Section 99G.21, subsection 2, paragraph f, Code 6 2024, is amended to read as follows: 7 f. To enter into written agreements with one or more other 8 states or territories of the United States, or one or more 9 political subdivisions of another state or territory of the 10 United States, or any entity lawfully operating a lottery 11 outside the United States for the operation, marketing, and 12 promotion of a joint lottery or joint lottery game. For 13 the purposes of this subsection , any lottery with which the 14 authority department reaches an agreement or compact shall meet 15 the criteria for security, integrity, and finance set by the 16 board. 17 Sec. 102. Section 99G.22, subsection 1, Code 2024, is 18 amended to read as follows: 19 1. The department shall investigate the financial 20 responsibility, security, and integrity of any lottery system 21 vendor who is a finalist in submitting a bid, proposal, or 22 offer as part of a major procurement contract. Before a major 23 procurement contract is awarded, the division of criminal 24 investigation of the department of public safety shall conduct 25 a background investigation of the vendor to whom the contract 26 is to be awarded. The administrator department shall consult 27 with the division of criminal investigation and shall provide 28 for the scope of the background investigation and due diligence 29 to be conducted in connection with major procurement contracts. 30 At the time of submitting a bid, proposal, or offer to the 31 department on a major procurement contract, each vendor shall 32 be required to submit to the division of criminal investigation 33 appropriate investigation authorization to facilitate this 34 investigation, together with an advance of funds to meet the 35 -45- HF 2686 (3) 90 md/ns/md 45/ 75
H.F. 2686 anticipated investigation costs. If the division of criminal 1 investigation determines that additional funds are required 2 to complete an investigation, the vendor will be so advised. 3 The background investigation by the division of criminal 4 investigation may include a national criminal history check 5 through the federal bureau of investigation. The screening 6 of vendors or their employees through the federal bureau of 7 investigation shall be conducted by submission of fingerprints 8 through the state criminal history repository to the federal 9 bureau of investigation. 10 Sec. 103. Section 99G.23, subsections 1 and 2, Code 2024, 11 are amended to read as follows: 12 1. The division department may make procurements that 13 integrate functions such as lottery game design, lottery ticket 14 distribution to retailers, supply of goods and services, 15 and advertising. In all procurement decisions under this 16 chapter , the division department shall take into account the 17 particularly sensitive nature of the lottery and shall act to 18 promote and ensure security, honesty, fairness, and integrity 19 in the operation and administration of the lottery and the 20 objectives of raising net proceeds for state programs. 21 2. Each vendor for a major procurement shall, at the 22 execution of the contract with the division department , post 23 a performance bond or letter of credit from a bank or credit 24 provider acceptable to the division department in an amount as 25 deemed necessary by the division department for that particular 26 bid or contract. 27 Sec. 104. Section 99G.24, subsection 7, paragraphs d and e, 28 Code 2024, are amended to read as follows: 29 d. Is a vendor or any employee or agent of any vendor doing 30 business with the department under this chapter or with the 31 division. 32 e. Resides in the same household as an officer employee 33 of the division with operational management responsibilities, 34 security duties, or system maintenance or programming 35 -46- HF 2686 (3) 90 md/ns/md 46/ 75
H.F. 2686 responsibilities related to the divisions data processing or 1 network hardware, software, communication, or related systems 2 under this chapter . 3 Sec. 105. Section 99G.27, subsection 1, paragraphs a, b, and 4 h, Code 2024, are amended to read as follows: 5 a. A violation of this chapter , a regulation, or a policy or 6 procedure of the division department . 7 b. Failure to accurately or timely account or pay for 8 lottery products, lottery games, revenues, or prizes as 9 required by the division department . 10 h. Failure to meet any of the objective criteria established 11 by the division department pursuant to this chapter . 12 Sec. 106. Section 99G.28, Code 2024, is amended to read as 13 follows: 14 99G.28 Proceeds held in trust. 15 All proceeds from the sale of the lottery tickets or shares 16 shall constitute a trust fund until paid to the division 17 department directly, through electronic funds transfer to the 18 division department , or through the divisions departments 19 authorized collection representative. A lottery retailer 20 and officers of a lottery retailers business shall have a 21 fiduciary duty to preserve and account for lottery proceeds and 22 lottery retailers shall be personally liable for all proceeds. 23 Proceeds shall include unsold products received but not paid 24 for by a lottery retailer and cash proceeds of the sale of any 25 lottery products net of allowable sales commissions and credit 26 for lottery prizes paid to winners by lottery retailers. Sales 27 proceeds of pull-tab tickets shall include the sales price 28 of the lottery product net of allowable sales commission and 29 prizes contained in the product. Sales proceeds and unused 30 instant tickets shall be delivered to the division department 31 or its authorized collection representative upon demand. 32 Sec. 107. Section 99G.30A, subsection 2, paragraphs a and c, 33 Code 2024, are amended to read as follows: 34 a. The director of revenue shall administer the monitor 35 -47- HF 2686 (3) 90 md/ns/md 47/ 75
H.F. 2686 vending machine excise tax as nearly as possible in conjunction 1 with the administration of state sales tax laws. The director 2 shall provide appropriate forms or provide appropriate entries 3 on the regular state tax forms for reporting local sales and 4 services tax liability. 5 c. Frequency of deposits and monthly reports of the monitor 6 vending machine excise tax with the department of revenue are 7 governed by the tax provisions in section 423.31 . Monitor 8 vending machine excise tax collections shall not be included in 9 computation of the total tax to determine frequency of filing 10 under section 423.31 . 11 Sec. 108. Section 99G.31, subsection 3, paragraphs f and g, 12 Code 2024, are amended to read as follows: 13 f. The division department is discharged of all liability 14 upon payment of a prize pursuant to this section . 15 g. No ticket or share issued by the division shall be 16 purchased by and no prize shall be paid to any member of the 17 board of directors; any officer or employee of the department 18 under this chapter ; or to any spouse, child, brother, sister, 19 or parent residing as a member of the same household in the 20 principal place of residence of any such person. 21 Sec. 109. Section 99G.34, subsection 4, Code 2024, is 22 amended to read as follows: 23 4. Security records pertaining to investigations and 24 intelligence-sharing information between lottery security 25 officers staff and those of other lotteries and law enforcement 26 agencies, the security portions or segments of lottery 27 requests for proposals, proposals by vendors to conduct 28 lottery operations, and records of the security division of the 29 department under this chapter pertaining to game security data, 30 ticket validation tests, and processes. 31 Sec. 110. Section 99G.35, subsection 1, unnumbered 32 paragraph 1, Code 2024, is amended to read as follows: 33 The departments chief security officer and investigators 34 lottery security staff under this chapter shall be qualified 35 -48- HF 2686 (3) 90 md/ns/md 48/ 75
H.F. 2686 by training and experience in law enforcement to perform their 1 respective duties in support of the activities of the security 2 office. The chief security officer and investigators Lottery 3 security staff shall not have sworn peace officer status. The 4 lottery security office shall perform all of the following 5 activities in support of the mission of the department under 6 this chapter : 7 Sec. 111. Section 421.2, Code 2024, is amended to read as 8 follows: 9 421.2 Department of revenue. 10 A department of revenue is created. The department shall be 11 administered by a director of revenue who shall be appointed by 12 the governor subject to confirmation by the senate and shall 13 serve at the pleasure of the governor. If the office of the 14 director becomes vacant, the vacancy shall be filled in the 15 same manner as provided for the original appointment. The 16 Except for the Iowa lottery division under chapter 99G, the 17 director may establish, abolish, and consolidate divisions 18 within the department of revenue when necessary for the 19 efficient performance of the various functions and duties of 20 the department of revenue. 21 Sec. 112. Section 421.9, subsection 1, unnumbered paragraph 22 1, Code 2024, is amended to read as follows: 23 The director of revenue or a department employee designated 24 deputy by the director shall sign on behalf of the department 25 all orders, subpoenas, warrants, and other documents of like 26 character issued by the department. 27 DIVISION VII 28 WORKFORCE DEVELOPMENT 29 Sec. 113. Section 84A.5, subsection 5, paragraph o, Code 30 2024, is amended to read as follows: 31 o. Adult education and literacy programs with community 32 colleges under section 84A.19 . 33 Sec. 114. Section 84A.5, subsection 5, Code 2024, is amended 34 by adding the following new paragraph: 35 -49- HF 2686 (3) 90 md/ns/md 49/ 75
H.F. 2686 NEW PARAGRAPH . p. The supplemental nutrition assistance 1 program employment and training program pursuant to 7 C.F.R. 2 pt. 273, administered jointly with the department of health and 3 human services. 4 Sec. 115. Section 84A.6, subsection 2, paragraph a, Code 5 2024, is amended to read as follows: 6 a. The director of the department of workforce development, 7 in cooperation with the department of health and human 8 services, shall provide job placement and training to persons 9 referred by the department of health and human services 10 under the promoting independence and self-sufficiency 11 through employment job opportunities and basic skills program 12 established pursuant to chapter 239B and the supplemental 13 nutrition assistance program employment and training program 14 pursuant to 7 C.F.R. pt. 273 . 15 DIVISION VIII 16 DEPARTMENT OF PUBLIC SAFETY 17 Sec. 116. Section 80E.1, subsection 2, paragraph b, Code 18 2024, is amended by striking the paragraph. 19 Sec. 117. Section 100.41, Code 2024, is amended to read as 20 follows: 21 100.41 Authority to cite violations. 22 Fire officials acting under the authority of this part 23 chapter 10A, subchapter V, part 2, may issue citations in 24 accordance with chapter 805 , for violations of this part 25 chapter 10A, subchapter V, part 2, or a violation of a local 26 fire safety code. 27 DIVISION IX 28 ECONOMIC DEVELOPMENT AUTHORITY AND IOWA FINANCE AUTHORITY 29 REPORTS 30 Sec. 118. Section 15.107B, Code 2024, is amended by adding 31 the following new subsection: 32 NEW SUBSECTION . 3. The director may, notwithstanding 33 any provision of law to the contrary, include in the report 34 submitted pursuant to subsection 1, any other annual report 35 -50- HF 2686 (3) 90 md/ns/md 50/ 75
H.F. 2686 relating to a program or activity required to be prepared by 1 the authority, the director, or the board, and submitted to the 2 general assembly. 3 Sec. 119. Section 15.108, subsection 6, paragraph c, 4 subparagraph (1), subparagraph division (c), Code 2024, is 5 amended to read as follows: 6 (c) By January 15 of each year, or as part of the annual 7 report under section 15.107B, the economic development 8 authority shall submit to the governor and the general assembly 9 a compilation of reports required under this subparagraph. 10 Sec. 120. Section 15.108, subsection 8, paragraph f, Code 11 2024, is amended to read as follows: 12 f. Conduct surveys of existing art and cultural programs 13 and activities within the state, including but not limited to 14 music, theater, dance, painting, sculpture, architecture, and 15 allied arts and crafts. The authority shall submit , or include 16 as part of the annual report under section 15.107B, a report 17 on the survey to the governor and to the general assembly no 18 later than ten calendar days after the commencement of each 19 first session of the general assembly recommending appropriate 20 legislation or other action as the authority deems appropriate. 21 Sec. 121. Section 15.120, subsection 3, paragraph b, Code 22 2024, is amended to read as follows: 23 b. The center shall prepare an annual report in coordination 24 with the authority. The center shall submit the report to the 25 general assembly and the legislative services agency by January 26 15 of each year or shall provide the report to the authority to 27 include as part of the annual report under section 15.107B . 28 Sec. 122. Section 15.231, subsection 7, Code 2024, is 29 amended by striking the subsection. 30 Sec. 123. Section 15.275, subsection 2, Code 2024, is 31 amended to read as follows: 32 2. The authority shall report to the general assembly on or 33 before September 1 of each fiscal year , or report as part of 34 the annual report under section 15.107B, on the effectiveness 35 -51- HF 2686 (3) 90 md/ns/md 51/ 75
H.F. 2686 of each entity that conducted statewide tourism marketing 1 services and efforts in the immediately preceding fiscal 2 year pursuant to a contract awarded under subsection 1 . The 3 report shall be provided in an electronic format and shall 4 include metrics and criteria that allow the general assembly to 5 quantify and evaluate the effectiveness and economic impact of 6 each entitys statewide tourism marketing services and efforts. 7 Sec. 124. Section 15.320, subsection 2, unnumbered 8 paragraph 1, Code 2024, is amended to read as follows: 9 By January 31 of each year, the board, in cooperation with 10 the department of revenue, shall submit to the general assembly 11 and to the governor , or provide to the authority for inclusion 12 in the annual report under section 15.107B, a report describing 13 the activities of the program for the most recent calendar year 14 for which the tax credit application period has ended pursuant 15 to section 15.318, subsection 1 , paragraph d . The report 16 shall, at a minimum, include the following information: 17 Sec. 125. Section 15.338, subsection 7, Code 2024, is 18 amended by striking the subsection. 19 Sec. 126. Section 15E.46, subsection 3, Code 2024, is 20 amended to read as follows: 21 3. The authority shall publish , or include as part of the 22 annual report under section 15.107B, an annual report of the 23 activities conducted pursuant to this subchapter and shall 24 submit the report to the governor and the general assembly. 25 The report shall include a listing of eligible qualifying 26 businesses and the number of tax credit certificates and the 27 amount of tax credits issued by the authority. 28 Sec. 127. Section 15E.52, subsection 10, unnumbered 29 paragraph 1, Code 2024, is amended to read as follows: 30 On or before January 31 of each year, the board, in 31 cooperation with the department of revenue, shall submit to the 32 general assembly and the governor , or provide to the authority 33 for inclusion in the annual report under section 15.107B, a 34 report describing the activities of the innovation funds during 35 -52- HF 2686 (3) 90 md/ns/md 52/ 75
H.F. 2686 the preceding fiscal year. The report shall at a minimum 1 include the following information: 2 Sec. 128. Section 15E.63, subsection 9, Code 2024, is 3 amended to read as follows: 4 9. The board shall, in consultation with the Iowa capital 5 investment corporation, publish an annual report of the 6 activities conducted by the Iowa fund of funds, and present 7 the report to the governor and the general assembly or provide 8 the report to the authority to include such report as part 9 of the annual report under section 15.107B . The annual 10 report shall include a copy of the audit of the Iowa fund 11 of funds and a valuation of the assets of the Iowa fund of 12 funds, review the progress of the investment fund allocation 13 manager in implementing its investment plan, and describe any 14 redemption or transfer of a certificate issued pursuant to this 15 subchapter , provided, however, that the annual report shall not 16 identify any specific designated investor who has redeemed or 17 transferred a certificate. Every five years, the board shall 18 publish a progress report which shall evaluate the progress 19 of the state of Iowa in accomplishing the purposes stated in 20 section 15E.61 . 21 Sec. 129. Section 15F.107, subsection 2, Code 2024, is 22 amended to read as follows: 23 2. The authority shall submit a report to the general 24 assembly and the governors office each year , or include such 25 report as part of the annual report under section 15.107B, that 26 moneys are appropriated to the fund established in this section 27 describing the use of moneys and the results achieved under 28 each of the programs receiving fund moneys. 29 Sec. 130. Section 15J.4, subsection 7, Code 2024, is amended 30 to read as follows: 31 7. All reports received by the board under subsection 32 6 shall be posted on the economic development authoritys 33 internet site as soon as practicable following receipt of 34 the report. The board shall submit a written report to the 35 -53- HF 2686 (3) 90 md/ns/md 53/ 75
H.F. 2686 governor and the general assembly on or before January 15 1 of each year or shall provide the report to the economic 2 development authority to include such report as part of 3 the annual report under section 15.107B . The report 4 shall summarize and analyze the information submitted by 5 municipalities under subsection 6 . 6 Sec. 131. Section 16.7, Code 2024, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 3. The director may, notwithstanding 9 any provision of law to the contrary, include in the report 10 submitted under this section, any other annual report relating 11 to a program or activity required to be prepared by the 12 authority, the director, or the board and submitted to the 13 general assembly. 14 Sec. 132. Section 16.57B, subsection 7, unnumbered 15 paragraph 1, Code 2024, is amended to read as follows: 16 On or before January 31 of each year, or as part of the 17 annual report under section 16.7, the authority shall submit 18 a report to the general assembly that identifies all of the 19 following for the calendar year immediately preceding the year 20 of the report: 21 Sec. 133. Section 16.134, subsection 8, Code 2024, is 22 amended to read as follows: 23 8. By October 1 of each year, or as part of the annual 24 report under section 16.7, the authority shall submit a report 25 to the governor and the general assembly itemizing expenditures 26 under the program during the previous fiscal year, if any. 27 Sec. 134. Section 16.153, subsection 4, Code 2024, is 28 amended to read as follows: 29 4. By October 1, 2019, and by October 1 of each year 30 thereafter or as part of the annual report under section 16.7 , 31 the authority shall submit a report to the governor and the 32 general assembly itemizing expenditures from the fund, if any, 33 during the previous fiscal year. 34 DIVISION X 35 -54- HF 2686 (3) 90 md/ns/md 54/ 75
H.F. 2686 ECONOMIC DEVELOPMENT AUTHORITY AND IOWA FINANCE AUTHORITY 1 PROGRAMS 2 Sec. 135. Section 15.410, subsection 2, Code 2024, is 3 amended by striking the subsection. 4 Sec. 136. Section 15.411, subsection 3, Code 2024, is 5 amended by striking the subsection. 6 Sec. 137. Section 15.412, subsection 2, Code 2024, is 7 amended to read as follows: 8 2. Moneys in the fund are appropriated to the authority and, 9 with the approval of the board, shall be used to facilitate 10 agreements , and enhance commercialization , and increase the 11 availability of skilled workers in innovative businesses. Such 12 moneys shall not be used for the support of retail businesses, 13 health care businesses, or other businesses requiring a 14 professional license. 15 Sec. 138. Section 15.412, subsection 3, paragraph a, Code 16 2024, is amended by striking the paragraph. 17 Sec. 139. NEW SECTION . 84A.20 Iowa student internship 18 program. 19 1. As used in this section, unless the context otherwise 20 requires: 21 a. Innovative business means the same as defined in 22 section 15E.52. 23 b. Internship means temporary employment of a student that 24 focuses on providing the student with work experience in the 25 students field of study. 26 c. Iowa student means a student of an Iowa community 27 college, private college, or institution of higher learning 28 under the control of the state board of regents, or a student 29 who graduated from high school in Iowa but now attends an 30 institution of higher learning outside the state of Iowa. 31 2. a. The department of workforce development shall 32 establish and administer an internship program with two 33 components for Iowa students. To the extent permitted by 34 this section, the department of workforce development shall 35 -55- HF 2686 (3) 90 md/ns/md 55/ 75
H.F. 2686 administer the two components in as similar a manner as 1 possible. 2 b. The purpose of the first component of the program is 3 to link Iowa students to small and medium-sized Iowa firms 4 through internship opportunities. An Iowa employer may receive 5 financial assistance on a matching basis for a portion of the 6 wages paid to an intern. If providing financial assistance, 7 the department of workforce development shall provide the 8 assistance on a reimbursement basis such that for every two 9 dollars of wages earned by the student, one dollar paid by 10 the employer is matched by one dollar from the department of 11 workforce development. The amount of financial assistance 12 shall not exceed three thousand one hundred dollars for any 13 single internship, or nine thousand three hundred dollars 14 for any single employer. In order to be eligible to receive 15 financial assistance, the employer must have five hundred 16 or fewer employees and must be an innovative business. The 17 department of workforce development shall encourage youth who 18 reside in economically distressed areas, youth adjudicated to 19 have committed a delinquent act, and youth transitioning out 20 of foster care to participate in the first component of the 21 internship program. 22 c. (1) The purpose of the second component of the program 23 is to assist in placing Iowa students studying in the fields 24 of science, technology, engineering, and mathematics into 25 internships that lead to permanent positions with Iowa 26 employers. The department of workforce development shall 27 collaborate with eligible employers, including but not limited 28 to innovative businesses, to ensure that the interns hired 29 are studying in such fields. An Iowa employer may receive 30 financial assistance on a matching basis for a portion of the 31 wages paid to an intern. If providing financial assistance, 32 the department of workforce development shall provide the 33 assistance on a reimbursement basis such that for every two 34 dollars of wages earned by the student, one dollar paid by 35 -56- HF 2686 (3) 90 md/ns/md 56/ 75
H.F. 2686 the employer is matched by one dollar from the department of 1 workforce development. The amount of financial assistance 2 shall not exceed five thousand dollars per internship. The 3 department of workforce development may adopt rules to 4 administer this component. In adopting rules to administer 5 this component, the department of workforce development shall 6 adopt rules as similar as possible to those adopted pursuant 7 to paragraph b . 8 (2) The requirement to administer this component of the 9 internship program is contingent upon the provision of funding 10 for such purposes by the general assembly. 11 3. a. An Iowa student internship fund is created in the 12 state treasury under the control of the department of workforce 13 development. The fund shall consist of moneys appropriated to 14 the department of workforce development and any other moneys 15 available to, obtained, or accepted by the department of 16 workforce development for placement in the fund. 17 b. Payments of interest, repayments of moneys loaned 18 pursuant to this section, and recaptures of financial 19 assistance shall be credited to the fund. Moneys in the fund 20 are not subject to section 8.33. Notwithstanding section 21 12C.7, interest or earnings on moneys in the fund shall be 22 credited to the fund. 23 c. Moneys in the fund are appropriated to the department 24 of workforce development and, with the approval of the Iowa 25 workforce development board, shall be used to increase the 26 availability of skilled workers in innovative businesses, by 27 providing Iowa student internship opportunities. Such moneys 28 shall not be used for the support of retail businesses, health 29 care businesses, or other businesses requiring a professional 30 license. 31 Sec. 140. TRANSITION PROVISIONS. Any internship or 32 financial assistance awarded under a program administered by 33 the economic development authority under section 15.411, Code 34 2024, prior to the effective date of this division of this Act 35 -57- HF 2686 (3) 90 md/ns/md 57/ 75
H.F. 2686 is valid and shall continue as provided in the terms of the 1 internship or financial assistance under section 84A.20, as 2 enacted in this division of this Act. 3 DIVISION XI 4 DEPARTMENT OF HEALTH AND HUMAN SERVICES 5 Sec. 141. Section 125.7, subsection 4, Code 2024, is amended 6 to read as follows: 7 4. Adopt rules for subsections subsection 1 and 6 and review 8 other rules necessary to carry out the provisions of this 9 chapter , subject to review in accordance with chapter 17A . 10 Sec. 142. Section 125.7, subsection 6, Code 2024, is amended 11 by striking the subsection. 12 Sec. 143. Section 125.13, subsection 2, paragraphs a, b, i, 13 and j, Code 2024, are amended to read as follows: 14 a. A hospital providing care or treatment to persons with 15 a substance use disorder licensed under chapter 135B which is 16 accredited by the joint commission on the accreditation of 17 health care organizations, the commission on accreditation 18 of rehabilitation facilities, the American osteopathic 19 association, or another recognized organization approved by the 20 council department . All survey reports from the accrediting or 21 licensing body must be sent to the department. 22 b. Any practitioner of medicine and surgery or osteopathic 23 medicine and surgery, in the practitioners private practice. 24 However, a program shall not be exempted from licensing by the 25 council department by virtue of its utilization of the services 26 of a medical practitioner in its operation. 27 i. A substance use disorder treatment program not funded 28 by the department which is accredited or licensed by the joint 29 commission on the accreditation of health care organizations, 30 the commission on the accreditation of rehabilitation 31 facilities, the American osteopathic association, or another 32 recognized organization approved by the council department . 33 All survey reports from the accrediting or licensing body must 34 be sent to the department. 35 -58- HF 2686 (3) 90 md/ns/md 58/ 75
H.F. 2686 j. A hospital substance use disorder treatment program 1 that is accredited or licensed by the joint commission on the 2 accreditation of health care organizations, the commission on 3 the accreditation of rehabilitation facilities, the American 4 osteopathic association, or another recognized organization 5 approved by the council department . All survey reports for 6 the hospital substance use disorder treatment program from the 7 accrediting or licensing body shall be sent to the department. 8 Sec. 144. Section 125.14, Code 2024, is amended to read as 9 follows: 10 125.14 Licenses renewal fees. 11 The council department shall consider all cases involving 12 initial issuance, and renewal, denial, suspension, or 13 revocation of a license. The department shall issue a license 14 to an applicant whom the council department determines meets 15 the licensing requirements of this chapter . Licenses shall 16 expire no later than three years from the date of issuance 17 and shall be renewed upon timely application made in the same 18 manner as for initial issuance of a license unless notice of 19 nonrenewal is given to the licensee at least thirty days prior 20 to the expiration of the license. The department shall not 21 charge a fee for licensing or renewal of programs contracting 22 with the department for provision of treatment services. A fee 23 may be charged to other licensees. 24 Sec. 145. Section 125.15A, subsection 1, paragraph b, Code 25 2024, is amended to read as follows: 26 b. The council department has suspended, revoked, or refused 27 to renew the existing license of the program. 28 Sec. 146. Section 125.16, Code 2024, is amended to read as 29 follows: 30 125.16 Transfer of license or change of location prohibited. 31 A license issued under this chapter may not be transferred, 32 and the location of the physical facilities occupied or 33 utilized by any program licensed under this chapter shall not 34 be changed without the prior written consent of the council 35 -59- HF 2686 (3) 90 md/ns/md 59/ 75
H.F. 2686 department . 1 Sec. 147. Section 125.17, Code 2024, is amended to read as 2 follows: 3 125.17 License suspension or revocation. 4 Violation of any of the requirements or restrictions 5 of this chapter or of any of the rules adopted pursuant to 6 this chapter is cause for suspension, revocation, or refusal 7 to renew a license. The director shall at the earliest 8 time feasible notify a licensee whose license the council 9 department is considering suspending or revoking and shall 10 inform the licensee what changes must be made in the licensees 11 operation to avoid such action. The licensee shall be 12 given a reasonable time for compliance, as determined by the 13 director, after receiving such notice or a notice that the 14 council department does not intend to renew the license. When 15 the licensee believes compliance has been achieved, or if 16 the licensee considers the proposed suspension, revocation, 17 or refusal to renew unjustified, the licensee may submit 18 pertinent information to the council department and the council 19 department shall expeditiously make a decision in the matter 20 and notify the licensee of the decision. 21 Sec. 148. Section 125.18, Code 2024, is amended by striking 22 the section and inserting in lieu thereof the following: 23 125.18 Applications approval or denial disciplinary 24 actions. 25 The department may deny an application for license, or 26 may place on probation, suspend or revoke a license of, or 27 otherwise discipline a licensee if the department finds that 28 the licensee has not been or will not be operated in compliance 29 with this chapter and the rules adopted pursuant to this 30 chapter, or that there is insufficient assurance of adequate 31 protection for the public. The authorization denial or period 32 of probation, suspension, or revocation, or other disciplinary 33 action shall be effected and may be appealed as provided by 34 section 17A.12. 35 -60- HF 2686 (3) 90 md/ns/md 60/ 75
H.F. 2686 Sec. 149. Section 125.19, Code 2024, is amended to read as 1 follows: 2 125.19 Reissuance or reinstatement. 3 After suspension, revocation, or refusal to renew a license 4 pursuant to this chapter , the affected licensee shall not have 5 the license reissued or reinstated within one year of the 6 effective date of the suspension, revocation, or expiration 7 upon refusal to renew, unless the council department orders 8 otherwise. After that time, proof of compliance with the 9 requirements and restrictions of this chapter and the rules 10 adopted pursuant to this chapter must be presented to the 11 council department prior to reinstatement or reissuance of a 12 license. 13 Sec. 150. Section 125.21, subsection 1, Code 2024, is 14 amended to read as follows: 15 1. The council department has exclusive power in this state 16 to approve and license chemical substitutes and antagonists 17 programs, and to monitor chemical substitutes and antagonists 18 programs to ensure that the programs are operating within the 19 rules adopted pursuant to this chapter . The council department 20 shall grant approval and license if the requirements of the 21 rules are met and state funding is not requested. The chemical 22 substitutes and antagonists programs conducted by persons 23 exempt from the licensing requirements of this chapter pursuant 24 to section 125.13, subsection 2 , are subject to approval and 25 licensure under this section . 26 Sec. 151. Section 125.58, subsection 1, Code 2024, is 27 amended to read as follows: 28 1. If the department has probable cause to believe that 29 an institution, place, building, or agency not licensed 30 as a substance use disorder treatment and rehabilitation 31 facility is in fact a substance use disorder treatment and 32 rehabilitation facility as defined by this chapter , and 33 is not exempt from licensing by section 125.13, subsection 34 2 , the council department may order an inspection of the 35 -61- HF 2686 (3) 90 md/ns/md 61/ 75
H.F. 2686 institution, place, building, or agency. If the inspector 1 upon presenting proper identification is denied entry for the 2 purpose of making the inspection, the inspector may, with 3 the assistance of the county attorney of the county in which 4 the premises are located, apply to the district court for an 5 order requiring the owner or occupant to permit entry and 6 inspection of the premises to determine whether there have been 7 violations of this chapter . The investigation may include 8 review of records, reports, and documents maintained by the 9 facility and interviews with staff members consistent with the 10 confidentiality safeguards of state and federal law. 11 Sec. 152. Section 217.30, subsection 3, Code 2024, is 12 amended to read as follows: 13 3. Information described in subsection 2 shall not be 14 disclosed to or used by any person except for purposes of 15 administration or evaluation of a program of services or 16 assistance, and shall not, except as provided in subsection 17 5 , be disclosed to or used by a person outside the department 18 unless the person is subject to standards of confidentiality 19 comparable to those imposed on the department by this section . 20 Sec. 153. Section 217.30, subsection 5, paragraph b, 21 subparagraph (1), Code 2024, is amended to read as follows: 22 (1) Upon written application to and with the approval of the 23 director or the directors designee, confidential information 24 described in subsection 2 , paragraphs a , b , and c , shall 25 is required to be disclosed within the department and to a 26 public official for use in connection with the department or 27 public officials duties relating to law enforcement, audits, 28 the support and protection of children and families, and 29 other purposes directly connected with the administration of 30 the programs of services and assistance referred to in this 31 section . 32 Sec. 154. Section 217.34, Code 2024, is amended to read as 33 follows: 34 217.34 Debt setoff. 35 -62- HF 2686 (3) 90 md/ns/md 62/ 75
H.F. 2686 The investigations division of the department of 1 inspections, appeals, and licensing and the department shall 2 provide assistance to set off against a persons or providers 3 income tax refund or rebate any debt which has accrued 4 through written contract, nonpayment of premiums pursuant to 5 section 249A.3, subsection 2 , paragraph a , subparagraph (1), 6 subrogation, departmental recoupment procedures, or court 7 judgment and which is in the form of a liquidated sum due 8 and owing the department. The department of inspections, 9 appeals, and licensing, with approval of the department, 10 shall adopt rules under chapter 17A necessary to assist the 11 department of revenue in the implementation of the setoff 12 under section 421.65 in regard to money owed to the state for 13 public assistance overpayments or nonpayment of premiums as 14 specified in this section . The department shall adopt rules 15 under chapter 17A necessary to assist the department of revenue 16 in the implementation of the setoff under section 421.65 , in 17 regard to collections by child support services and foster care 18 services . 19 Sec. 155. Section 218.94, subsection 1, paragraph a, Code 20 2024, is amended to read as follows: 21 a. The director may shall have full power to secure options 22 to purchase real estate, to acquire and sell real estate, 23 and to grant utility easements, for the proper uses of the 24 institutions. Real estate shall be acquired and sold and 25 utility easements granted, upon such terms and conditions as 26 the director may determine. Upon sale of the real estate, the 27 proceeds shall be deposited in a health and human services 28 capital reinvestment fund created in the state treasury under 29 the control of the department. There is appropriated from 30 such capital reinvestment fund a sum equal to the proceeds 31 deposited and credited to the capital reinvestment fund to the 32 department, which may be used to purchase other real estate, 33 for capital improvements upon property under the directors 34 control, or for improvements to property which is owned by the 35 -63- HF 2686 (3) 90 md/ns/md 63/ 75
H.F. 2686 state and utilized by the department. 1 Sec. 156. Section 252I.8, subsection 6, Code 2024, is 2 amended to read as follows: 3 6. The support obligor may withdraw the request for 4 challenge by submitting a written withdrawal to the person 5 identified as the contact for child support services in 6 the notice or child support services may withdraw the 7 administrative levy at any time prior to the court hearing and 8 provide notice of the withdrawal to the obligor and any account 9 holder of interest and to the financial institution, by regular 10 mail. 11 DIVISION XII 12 STATE SALARIES APPOINTED STATE OFFICERS 13 Sec. 157. NEW SECTION . 8A.461 Appointed state officers 14 salary ranges. 15 1. Unless otherwise provided by law, the governor shall 16 establish a salary for nonelected persons appointed by the 17 governor within the executive branch of state government. 18 In establishing a salary for a person holding a position 19 enumerated in subsection 3 within the range provided, the 20 governor may consider, among other items, the experience of 21 the person in the position, changes in the duties of the 22 position, the incumbents performance of assigned duties, 23 and subordinates salaries. However, the attorney general 24 shall establish the salary of the consumer advocate, the 25 chief justice of the supreme court shall establish the salary 26 of the state court administrator, the ethics and campaign 27 disclosure board shall establish the salary of the executive 28 director, the Iowa public information board shall establish 29 the salary of the executive director, the board of regents 30 shall establish the salary of the executive director, and the 31 Iowa public broadcasting board shall establish the salary of 32 the administrator of the public broadcasting division of the 33 department of education, each within the salary range provided 34 in subsection 3. 35 -64- HF 2686 (3) 90 md/ns/md 64/ 75
H.F. 2686 2. A person whose salary is established pursuant to this 1 section and who is a full-time, year-round employee of the 2 state shall not receive any other remuneration from the state 3 or from any other source for the performance of that persons 4 duties unless the additional remuneration is first approved by 5 the governor or authorized by law. However, this subsection 6 does not apply to reimbursement for necessary travel and 7 expenses incurred in the performance of duties or fringe 8 benefits normally provided to employees of the state. 9 3. a. The annual salary ranges for appointed state officers 10 as specified in paragraphs b , c , and d , are effective 11 for the fiscal year beginning July 1, 2024, effective for the 12 pay period beginning June 21, 2024, and for subsequent fiscal 13 years. The governor or other person designated in subsection 1 14 shall determine the salary to be paid to the person indicated 15 at a rate within the applicable salary range from moneys 16 appropriated by the general assembly for that purpose. 17 b. The following are range one positions: chairperson 18 and members of the employment appeal board of the department 19 of inspections, appeals, and licensing; director of the 20 department for the blind; executive director of the ethics 21 and campaign disclosure board; executive director of the Iowa 22 public information board; and chairperson, vice chairperson, 23 and members of the board of parole. Range one positions shall 24 be paid in a range set in accordance with pay grade thirty-two 25 of the pay plans published by the department of administrative 26 services pursuant to section 8A.413, subsection 3. 27 c. The following are range two positions: workers 28 compensation commissioner, director of the law enforcement 29 academy, consumer advocate, director of the Iowa civil rights 30 commission, and administrator of the public broadcasting 31 division of the department of education. Range two positions 32 shall be paid in a range set in accordance with pay grade 33 thirty-eight of the pay plans published by the department of 34 administrative services pursuant to section 8A.413, subsection 35 -65- HF 2686 (3) 90 md/ns/md 65/ 75
H.F. 2686 3. 1 d. The following are range three positions: superintendent 2 of banking of the department of insurance and financial 3 services, superintendent of credit unions of the department 4 of insurance and financial services, chairperson and members 5 of the utilities board, executive director of the Iowa 6 telecommunications and technology commission, executive 7 director of the state board of regents, lottery administrator 8 of the department of revenue, labor commissioner, state public 9 defender, and state court administrator. Range three positions 10 shall be paid in a range set in accordance with pay grade 11 forty-three of the pay plans published by the department of 12 administrative services pursuant to section 8A.413, subsection 13 3. 14 Sec. 158. Section 8D.4, Code 2024, is amended to read as 15 follows: 16 8D.4 Executive director appointed. 17 The commission shall appoint an executive director of 18 the commission, subject to confirmation by the senate. Such 19 individual shall not serve as a member of the commission. 20 The executive director shall serve at the pleasure of the 21 commission. The executive director shall be selected primarily 22 for administrative ability and knowledge in the field, without 23 regard to political affiliation. The governor shall establish 24 the salary of the executive director within the applicable 25 salary range as established by the general assembly section 26 8A.461 . The salary and support of the executive director shall 27 be paid from funds deposited in the Iowa communications network 28 fund. 29 Sec. 159. Section 20.5, subsection 2, Code 2024, is amended 30 to read as follows: 31 2. The governor shall appoint an executive director of the 32 board, subject to confirmation by the senate, who shall serve 33 at the pleasure of the governor. The executive director shall 34 serve as the executive officer of the board. In selecting 35 -66- HF 2686 (3) 90 md/ns/md 66/ 75
H.F. 2686 the executive director, consideration shall be given to the 1 persons knowledge, ability, and experience in the field of 2 labor-management relations. The governor shall set the salary 3 of the executive director within the applicable salary range 4 established by the general assembly . 5 Sec. 160. Section 68B.32, subsection 5, Code 2024, is 6 amended to read as follows: 7 5. The board shall employ a full-time executive director who 8 shall be the boards chief administrative officer. The board 9 shall employ or contract for the employment of legal counsel 10 notwithstanding section 13.7 , and any other personnel as may 11 be necessary to carry out the duties of the board. The boards 12 legal counsel shall be the chief legal officer of the board and 13 shall advise the board on all legal matters relating to the 14 administration of this chapter and chapter 68A . The state may 15 be represented by the boards legal counsel in any civil action 16 regarding the enforcement of this chapter or chapter 68A , or at 17 the boards request, the state may be represented by the office 18 of the attorney general. Notwithstanding section 8A.412 , all 19 of the boards employees, except for the executive director and 20 legal counsel, shall be employed subject to the merit system 21 provisions of chapter 8A, subchapter IV . The salary of the 22 executive director shall be fixed by the board, within the 23 range established by the general assembly section 8A.461 . The 24 salary of the legal counsel shall be fixed by the board, within 25 a salary range established by the department of administrative 26 services for a position requiring similar qualifications and 27 experience. 28 Sec. 161. Section 99G.5, subsection 2, Code 2024, is amended 29 to read as follows: 30 2. The salary of the lottery administrator shall be set by 31 the governor within the applicable salary range established by 32 the general assembly section 8A.461 . 33 Sec. 162. Section 216B.3A, subsection 1, Code 2024, is 34 amended to read as follows: 35 -67- HF 2686 (3) 90 md/ns/md 67/ 75
H.F. 2686 1. The director of the department shall be appointed by 1 the governor, subject to confirmation by the senate, and shall 2 serve at the pleasure of the governor. The governor shall set 3 the salary of the director within the applicable salary range 4 established by the general assembly section 8A.461 . 5 Sec. 163. Section 256.81, subsection 1, Code 2024, is 6 amended to read as follows: 7 1. The public broadcasting division of the department of 8 education is created. The chief administrative officer of the 9 division is the administrator who shall be appointed by and 10 serve at the pleasure of the Iowa public broadcasting board. 11 The board shall set the division administrators salary within 12 the applicable salary range established by the general assembly 13 unless otherwise provided by law section 8A.461 . Educational 14 programming shall be the highest priority of the division. 15 The division shall be governed by the national principles 16 of editorial integrity developed by the editorial integrity 17 project. The director of the department of education and the 18 state board of education are not liable for the activities of 19 the division of public broadcasting. 20 Sec. 164. Section 475A.3, subsection 3, Code 2024, is 21 amended to read as follows: 22 3. Salaries, expenses, and appropriation. The salary of the 23 consumer advocate shall be fixed by the attorney general within 24 the salary range set by the general assembly section 8A.461 . 25 The salaries of employees of the consumer advocate shall be 26 at rates of compensation consistent with current standards in 27 industry. The reimbursement of expenses for the employees and 28 the consumer advocate is as provided by law. The appropriation 29 for the office of consumer advocate shall be a separate line 30 item contained in the appropriation from the commerce revolving 31 fund created in section 546.12 . 32 Sec. 165. Section 524.201, subsection 2, Code 2024, is 33 amended to read as follows: 34 2. The superintendent shall receive a salary set by the 35 -68- HF 2686 (3) 90 md/ns/md 68/ 75
H.F. 2686 governor within a range established by the general assembly 1 section 8A.461 . 2 Sec. 166. Section 533.104, subsection 2, Code 2024, is 3 amended to read as follows: 4 2. The superintendent shall receive a salary set by the 5 governor within a range established by the general assembly 6 section 8A.461 . 7 Sec. 167. Section 904A.6, Code 2024, is amended to read as 8 follows: 9 904A.6 Salaries and expenses. 10 Each member of the board shall be paid a salary as determined 11 set by the general assembly governor within a range established 12 by section 8A.461 . Each member of the board and all employees 13 are entitled to receive, in addition to their salary, their 14 necessary maintenance and travel expenses while engaged in 15 official business. 16 Sec. 168. EFFECTIVE DATE. This division of this Act takes 17 effect June 21, 2024. 18 DIVISION XIII 19 OFFICE FOR STATE-FEDERAL RELATIONS 20 Sec. 169. Section 7F.1, subsection 3, Code 2024, is amended 21 to read as follows: 22 3. Office established. A state-federal relations office 23 is established as an independent agency. The office shall be 24 located in Washington, D.C., attached to the office of the 25 governor for administrative purposes and shall be administered 26 by the director of the office who is appointed by the governor, 27 subject to confirmation by the senate, and who serves at 28 the pleasure of the governor. The office and its personnel 29 are exempt from the merit system provisions of chapter 8A, 30 subchapter IV . 31 DIVISION XIV 32 HISTORICAL SITES 33 Sec. 170. Section 8A.702, subsection 2, Code 2024, is 34 amended by striking the subsection and inserting in lieu 35 -69- HF 2686 (3) 90 md/ns/md 69/ 75
H.F. 2686 thereof the following: 1 2. Administer and care for historical sites under the 2 authority of the department and maintain collections within 3 these sites. For the purposes of this section, historical 4 site means any district, site, building, or structure listed 5 on the national register of historic sites or identified as 6 eligible for such status by the state historic preservation 7 officer or that is identified according to established criteria 8 by the state historic preservation officer as significant in 9 national, state, and local history, architecture, engineering, 10 archaeology, or culture. 11 Sec. 171. Section 8A.702, subsection 4, Code 2024, is 12 amended to read as follows: 13 4. Develop , in consultation with the state historic 14 preservation officer, standards and criteria for the 15 acquisition of historic properties and for the preservation, 16 restoration, maintenance, operation, and interpretation of 17 properties under the jurisdiction of the department. 18 Sec. 172. Section 15.121, subsection 2, Code 2024, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . e. Developing standards and criteria for the 21 preservation, restoration, and maintenance of historical sites. 22 Sec. 173. Section 15.121, Code 2024, is amended by adding 23 the following new subsection: 24 NEW SUBSECTION . 7. Before modifying a historical site in a 25 manner that could impact a sites listing on, or eligibility 26 for, the national register of historic places, a state agency 27 which owns, manages, or administers the historical site must 28 consult with the state historic preservation officer to ensure 29 the proper management, maintenance, and development of the 30 site. The state agency and the state historic preservation 31 officer may, at the discretion of the state historic 32 preservation officer, enter into an agreement relating to the 33 proper management, maintenance, and development of the site. 34 The authority may, in consultation with the state historic 35 -70- HF 2686 (3) 90 md/ns/md 70/ 75
H.F. 2686 preservation officer, adopt rules to implement this subsection. 1 DIVISION XV 2 DEPARTMENT OF MANAGEMENT JUSTICE INFORMATION 3 Sec. 174. NEW SECTION . 8.100 Subchapter definitions. 4 As used in this subchapter, department means the department 5 of management. 6 Sec. 175. NEW SECTION . 8.101 Integrated justice information 7 system. 8 The department shall maintain a statewide integrated justice 9 information system that encourages and enables automated 10 information sharing in a common format between and for the 11 benefit of state and local justice agencies. 12 Sec. 176. NEW SECTION . 8.102 Administration of funds. 13 In compliance with applicable state and federal laws, 14 rules, and other requirements, the department may administer 15 federal funds, funds appropriated to the department by the 16 general assembly for purposes of this subchapter, and funds 17 otherwise made available to the department in futherance of 18 this subchapter. 19 Sec. 177. Section 216A.131A, Code 2024, is amended to read 20 as follows: 21 216A.131A Criminal and juvenile justice planning. 22 The department shall fulfill the responsibilities of 23 this subchapter , including the duties specified in sections 24 216A.135 , 216A.136 , 216A.137 , 216A.138 , and 216A.140 . 25 Sec. 178. Section 216A.133, subsection 3, paragraph h, Code 26 2024, is amended by striking the paragraph. 27 Sec. 179. Section 216A.136, unnumbered paragraph 1, Code 28 2024, is amended to read as follows: 29 The department of management shall maintain an Iowa 30 statistical analysis center for the purpose of coordinating 31 with data resource agencies to provide data and analytical 32 information to federal, state, and local governments, and 33 assist agencies in the use of criminal and juvenile justice 34 data. Notwithstanding any other provision of state law, unless 35 -71- HF 2686 (3) 90 md/ns/md 71/ 75
H.F. 2686 prohibited by federal law or regulation, the department of 1 management shall be granted access, for purposes of research 2 and evaluation, to criminal history records, official juvenile 3 court records, juvenile court social records, and any other 4 data collected or under control of the board of parole, 5 department of corrections, department of workforce development, 6 department of health and human services, district departments 7 of correctional services, judicial branch, and department of 8 public safety. However, intelligence data and peace officer 9 investigative reports maintained by the department of public 10 safety shall not be considered data for the purposes of this 11 section . Any record, data, or information obtained by the 12 department of management under this section and the department 13 itself is subject to the federal and state confidentiality laws 14 and regulations rules which are applicable to the original 15 record, data, or information obtained by the department of 16 management and to the original custodian of the record, data, 17 or information. The access shall include includes but is not 18 limited to all of the following: 19 Sec. 180. Section 216A.136, subsection 13, Code 2024, 20 is amended by striking the subsection and inserting in lieu 21 thereof the following: 22 13. Child welfare records maintained under chapter 235. 23 Sec. 181. Section 216A.137, Code 2024, is amended to read 24 as follows: 25 216A.137 Correctional policy project. 26 1. The department of management shall maintain an Iowa 27 correctional policy project for the purpose of conducting 28 analyses of major correctional issues affecting the criminal 29 and juvenile justice system. The justice advisory board 30 established in section 216A.132 shall identify and prioritize 31 the issues and studies to be addressed by the department of 32 management through this project and shall report project 33 plans and findings annually along with the report required in 34 section 216A.135 to the department . Issues and studies to be 35 -72- HF 2686 (3) 90 md/ns/md 72/ 75
H.F. 2686 considered by the justice advisory board shall include but are 1 not limited to a review of the information systems available 2 to assess corrections trends and program effectiveness, the 3 development of an evaluation plan for assessing the impact of 4 corrections expenditures, and a study of the desirability and 5 feasibility of changing the states sentencing practices, which 6 includes a prison population forecast. 7 2. The department of management may form subcommittees for 8 the purpose of addressing major correctional issues affecting 9 the criminal and juvenile justice system. The department shall 10 of management may establish a subcommittee to address issues 11 specifically affecting the juvenile justice system. 12 Sec. 182. Section 216A.138, Code 2024, is amended to read 13 as follows: 14 216A.138 Multiagency database information system concerning 15 juveniles juvenile and adult court records . 16 1. The department of management shall coordinate the 17 development and maintenance of a multiagency database 18 information system to track the progress of juveniles , and 19 adults who have been charged with a criminal offense, in 20 the court system through various state and local agencies 21 and programs. The department shall develop a plan system 22 which utilizes existing databases, including the Iowa court 23 information system, the Iowa corrections offender network, 24 information systems of the department of health and human 25 services, the federally mandated national adoption and 26 foster care information system, and the other state and local 27 databases pertaining to juveniles , and to adults who have been 28 charged with a criminal offense, in the court system , to the 29 extent possible. 30 2. The department of health and human services, department 31 of corrections, judicial branch, department of public safety, 32 department of education, local school districts, and other 33 state agencies and political subdivisions shall cooperate with 34 the department of management in the development of the plan 35 -73- HF 2686 (3) 90 md/ns/md 73/ 75
H.F. 2686 system . 1 3. The database multiagency information system shall be 2 designed to count and track the progress of juveniles in 3 various programs various decision points for juveniles in 4 the juvenile justice system and minors in the child welfare 5 system , evaluate the experiences of the juveniles and minors , 6 and evaluate the success of the services provided. The system 7 shall also be designed to count and track various decision 8 points for adults who have been charged with a criminal offense 9 in the court system, including dismissed charges, convictions, 10 and sentence information. 11 4. The department of management shall develop the plan 12 system within the context of existing federal privacy and 13 confidentiality requirements. The plan system shall build upon 14 existing resources and facilities to the extent possible. 15 5. The plan system shall include proposed guidelines for the 16 sharing of information by case management teams, consisting of 17 designated representatives of various state and local agencies 18 and political subdivisions to coordinate the delivery of 19 services to juveniles under the jurisdiction of the juvenile 20 court the department of management . The guidelines shall be 21 developed to structure and improve the information-sharing 22 procedures of case management teams established pursuant to any 23 applicable state or federal law or approved by the juvenile 24 court with respect to a juvenile who is the recipient of the 25 case management team services judicial branch, department 26 of corrections, or other entities that supply data to the 27 multiagency information system . The plan system shall also 28 contain provide a process to recommend proposals for changes in 29 state laws or rules to facilitate the exchange of information 30 among members of case management teams . 31 6. The plan shall include development of a resource guide 32 outlining successful programs and practices established 33 within this state which are designed to promote positive youth 34 development and that assist delinquent and other at-risk youth 35 -74- HF 2686 (3) 90 md/ns/md 74/ 75
H.F. 2686 in overcoming personal and social problems. The guide shall be 1 made publicly available. 2 7. 6. If the department of management has insufficient 3 funds and resources to implement this section , the department 4 shall determine what, if any, portion of this section may be 5 implemented, and the remainder of this section shall not apply. 6 Sec. 183. CODE EDITOR DIRECTIVE. 7 1. The Code editor is directed to make the following 8 transfers: 9 a. Section 216A.136 to section 8.103. 10 b. Section 216A.137 to section 8.104. 11 c. Section 216A.138 to section 8.105. 12 2. The Code editor shall correct internal references in the 13 Code and in any enacted legislation as necessary due to the 14 enactment of this section. 15 3. The Code editor shall make changes in any Code sections 16 amended or enacted in another Act to correspond with the 17 changes made in this division of this Act if there appears to 18 be no doubt as to the proper method of making the changes and 19 the changes would not be contrary to or inconsistent with the 20 purposes of this division of this Act. 21 4. The Code editor shall designate sections 8.100 through 22 8.105 as a new subchapter within chapter 8. 23 -75- HF 2686 (3) 90 md/ns/md 75/ 75