House Study Bill 664 - Introduced
SENATE/HOUSE FILE _____
BY (PROPOSED GOVERNOR BILL)
A BILL FOR
1 An Act relating to the organization, structure, and functions
2 of state and local governments, providing for salaries
3 of certain state officers, making statutory corrections,
4 resolving inconsistencies, removing ambiguities, and
5 including effective date provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 DIVISION I
2 NATURAL RESOURCES
3 Section 1. Section 233A.15, Code 2024, is amended to read
4 as follows:
5 233A.15 Transfers Assignments to work in parks.
6 1. The director may assign children from the state training
7 school deemed trustworthy, to perform services for the
8 department of natural resources within the state parks, state
9 game and forest areas, and other lands under the jurisdiction
10 of the department of natural resources. The department of
11 natural resources shall provide permanent housing and work
12 guidance supervision, but the care and custody of the children
13 assigned shall remain with the department. All programs shall
14 have as their primary purpose and shall provide for inculcation
15 or the activation of attitudes, skills, and habit patterns
16 which will be conducive to the habilitation of the children
17 involved.
18 2. The director may use state-owned mobile housing
19 equipment and facilities in performing services at temporary
20 locations in the areas described in subsection 1.
21 DIVISION II
22 DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING
23 Sec. 2. Section 10A.309, Code 2024, is amended to read as
24 follows:
25 10A.309 Interest in affected business.
26 It shall be unlawful for the The commissioner to shall not
27 be financially interested in any business enterprise coming
28 under or affected by this subchapter during the commissioner’s
29 term of while in office, and if the commissioner violates
30 this statute, it shall be sufficient grounds for removal from
31 office, and in such case the governor shall at once declare the
32 office vacant and appoint another to fill the vacancy.
33 Sec. 3. Section 10A.310, subsection 2, Code 2024, is amended
34 to read as follows:
35 2. Subject to the approval of the director of the department
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1 of workforce development, the commissioner may enter into
2 contracts with any state agency, with or without reimbursement,
3 for the purpose of obtaining the services, facilities, and
4 personnel of the agency and with the consent of any state
5 agency or political subdivision of the state, accept and use
6 the services, facilities, and personnel of the agency or
7 political subdivision, and employ experts and consultants or
8 organizations in order to expeditiously, efficiently, and
9 economically effectuate the purposes of this chapter. The
10 agreements under this subsection are subject to approval by the
11 executive council if approval is required by law.
12 Sec. 4. Section 10A.504, subsection 1, unnumbered paragraph
13 1, Code 2024, is amended to read as follows:
14 The director shall appoint and supervise a full-time an
15 executive director for each of the following boards:
16 Sec. 5. Section 10A.507, subsection 2, Code 2024, is amended
17 to read as follows:
18 2. The fund shall consist of moneys and fees collected by
19 the department for deposit in the fund and other moneys as
20 provided by law.
21 Sec. 6. Section 91C.4, Code 2024, is amended to read as
22 follows:
23 91C.4 Fees.
24 The director shall prescribe the fee for registration,
25 which fee shall not exceed fifty dollars every per year. All
26 fees collected under this chapter shall be deposited in the
27 licensing and regulation fund created in section 10A.507.
28 Sec. 7. Section 135C.9, subsection 1, paragraph b, Code
29 2024, is amended to read as follows:
30 b. The facility has been inspected by the director, who may
31 be a member of a municipal fire department, or the director’s
32 designee and the department has received either a certificate
33 of compliance or a provisional certificate of compliance by
34 the facility with the fire hazard and fire safety rules and
35 standards of the department as promulgated by the director
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1 and, where applicable, the fire safety standards required for
2 participation in programs authorized by either Tit. XVIII or
3 Tit. XIX of the United States Social Security Act, codified at
4 42 U.S.C. §1395 – 1395ll and 1396 – 1396g. The certificate or
5 provisional certificate shall be signed by the director or the
6 director’s designee who made the inspection. If the director
7 or director’s designee finds a deficiency upon inspection, the
8 notice to the facility shall be provided in a timely manner
9 and shall specifically describe the nature of the deficiency,
10 identifying the Code section or subsection provision or the
11 rule or standard violated. The notice shall also specify the
12 time allowed for correction of the deficiency, at the end of
13 which time the director or director’s designee shall perform
14 a follow-up inspection.
15 Sec. 8. Section 147.80, Code 2024, is amended to read as
16 follows:
17 147.80 Establishment of fees —— administrative costs.
18 1. Each board, following approval by the department, may, or
19 at the direction of the department, shall by rule establish or
20 revise fees for the following based on the costs of sustaining
21 the board and the actual costs of the service:
22 a. Examinations.
23 b. Licensure, certification, or registration.
24 c. Renewal of licensure, certification, or registration.
25 d. Renewal of licensure, certification, or registration
26 during the grace period.
27 e. Reinstatement or reactivation of licensure,
28 certification, or registration.
29 f. Issuance of a certified statement that a person is
30 licensed, registered, or has been issued a certificate to
31 practice in this state.
32 g. Issuance of a duplicate license, registration, or
33 certificate, which shall be so designated on its face. A board
34 may require satisfactory proof that the original license,
35 registration, or certificate issued by the board has been lost
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1 or destroyed.
2 h. Issuance of a renewal card.
3 i. Verification of licensure, registration, or
4 certification.
5 j. Returned checks.
6 k. Inspections.
7 2. Each board The department shall annually prepare
8 estimates of projected revenues to be generated by the all
9 fees received by the board collected as well as a projection
10 of the fairly apportioned aggregate administrative costs and
11 rental expenses attributable to the board all boards and the
12 division of the department responsible for licensing related to
13 such boards. Each board The department shall annually review
14 and, if necessary, direct the boards to adjust its the schedule
15 of fees to cover aggregate projected expenses and ensure fees
16 imposed in this state are not greater than similar fees imposed
17 by similar boards or agencies in other states. The department
18 shall annually provide to each appropriate board a comparison
19 of the amount of the board’s fees as compared to similar fees
20 imposed by similar boards or agencies in other states.
21 3. a. The board of medicine, the board of pharmacy, the
22 dental board, and the board of nursing shall retain individual
23 an executive officers director pursuant to section 10A.504, but
24 to the extent possible shall share administrative, clerical,
25 and investigative staff.
26 b. An individual executive director may be appointed and
27 serve as the executive director of one or more of the boards
28 specified under paragraph “a”.
29 Sec. 9. Section 152.2, Code 2024, is amended to read as
30 follows:
31 152.2 Executive director.
32 The board shall retain a full-time an executive director,
33 who shall be appointed pursuant to section 10A.504. The
34 executive director shall be a registered nurse. The governor,
35 with the approval of the executive council pursuant to section
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1 8A.413, subsection 3, under the pay plan for exempt positions
2 in the executive branch of government, shall set the salary of
3 the executive director.
4 Sec. 10. Section 153.33B, unnumbered paragraph 1, Code
5 2024, is amended to read as follows:
6 A full-time An executive director shall be appointed as
7 provided under section 10A.504. The executive director shall
8 not be a member of the board. The duties of the executive
9 director shall be the following:
10 Sec. 11. Section 231B.4, Code 2024, is amended to read as
11 follows:
12 231B.4 Zoning —— fire and safety standards.
13 An elder group home shall be located in an area zoned
14 for single-family or multiple-family housing or in an
15 unincorporated area and shall be constructed in compliance with
16 applicable local housing codes and the rules adopted for the
17 special classification by the department. In the absence of
18 local building codes, the facility shall comply with the state
19 plumbing code established pursuant to section 135.11 105.4 and
20 the state building code established pursuant to section 103A.7
21 and the rules adopted for the special classification by the
22 department. The rules adopted for the special classification
23 by the department regarding second floor occupancy shall take
24 into consideration the mobility of the tenants.
25 Sec. 12. Section 272C.1, subsection 6, Code 2024, is amended
26 by adding the following new paragraph:
27 NEW PARAGRAPH. ag. The real estate appraiser examining
28 board, created pursuant to chapter 543D.
29 Sec. 13. REPEAL. Section 91C.9, Code 2024, is repealed.
30 Sec. 14. TRANSFER. Moneys remaining in the contractor
31 registration revolving fund at the end of the fiscal year
32 beginning July 1, 2023, shall be transferred to the licensing
33 and regulation fund created in section 10A.507.
34 DIVISION III
35 DEPARTMENT OF TRANSPORTATION
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1 Sec. 15. Section 321.383, subsections 1 and 2, Code 2024,
2 are amended to read as follows:
3 1. This chapter with respect to equipment on vehicles does
4 not apply to implements of husbandry, road machinery, or bulk
5 spreaders and other fertilizer and chemical equipment defined
6 as special mobile equipment, except as made applicable in this
7 section. However, the movement of implements of husbandry on a
8 roadway is subject to safety rules adopted by the department of
9 public safety. The safety rules shall prohibit the movement
10 of any power unit towing more than one implement of husbandry,
11 except implements of husbandry that are not self-propelled and
12 are capable of being towed in tandem, from the manufacturer
13 to the retail seller, from the retail seller to the farm
14 purchaser, or from the manufacturer to the farm purchaser.
15 2. When operated on a highway in this state at a speed
16 of thirty-five miles per hour or less, every farm tractor,
17 or tractor with towed equipment, self-propelled implement of
18 husbandry, road construction or maintenance vehicle, road
19 grader, horse-drawn vehicle, or any other vehicle principally
20 designed for use off the highway and any such tractor,
21 implement, vehicle, or grader when manufactured for sale or
22 sold at retail after December 31, 1971, shall be identified
23 with a reflective device in accordance with the standards of
24 the American society of agricultural engineers; however, this
25 provision shall not apply to such vehicles when traveling in
26 an escorted parade. If a person operating a vehicle drawn
27 by a horse or mule objects to using a reflective device
28 that complies with the standards of the American society of
29 agricultural engineers for religious reasons, the vehicle may
30 be identified by an alternative reflective device that is in
31 compliance with rules adopted by the department of public
32 safety. The reflective device or alternative reflective device
33 shall be visible from the rear. A vehicle other than those
34 specified in this section shall not display a reflective device
35 or an alternative reflective device. On vehicles operating at
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1 speeds above thirty-five miles per hour, the reflective device
2 or alternative reflective device shall be removed or hidden
3 from view.
4 Sec. 16. Section 307.12, subsection 1, paragraph f, Code
5 2024, is amended to read as follows:
6 f. Present the department’s proposed budget to the
7 commission prior to December March 31 of each immediately
8 preceding the applicable fiscal year.
9 Sec. 17. Section 307.12, subsection 1, Code 2024, is amended
10 by adding the following new paragraph:
11 NEW PARAGRAPH. 0l. Establish divisions within the
12 department as necessary or desirable in addition to any
13 departmental division required or established by law.
14 Sec. 18. Section 307.12, subsection 2, Code 2024, is amended
15 to read as follows:
16 2. If in the interest of the state, the director may allow
17 a subsistence expense to an employee under the supervision
18 of the department’s administrator responsible for highway
19 programs and activities for continuous stay in one location
20 while on duty away from established headquarters and place
21 of domicile for a period not to exceed forty-five days; and
22 allow automobile expenses in accordance with section 8A.363,
23 for moving an employee and the employee’s family from place of
24 present domicile to new domicile, and actual transportation
25 expense for moving of household goods. The household goods for
26 which transportation expense is allowed shall not include pets
27 or animals.
28 Sec. 19. Section 307.21, subsection 1, Code 2024, is amended
29 to read as follows:
30 1. The department’s administrator responsible for the
31 operations and finances of the department shall:
32 a. Provide for the proper maintenance and protection of
33 the grounds, buildings, and equipment of the department, in
34 cooperation with the department of administrative services.
35 b. Establish, supervise, and maintain a system of
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1 centralized electronic data processing for the department, in
2 cooperation with the department of administrative services
3 management.
4 c. Assist the director in preparing Prepare the departmental
5 budget.
6 d. Provide centralized purchasing services for the
7 department, if authorized by the department of administrative
8 services. The administrator department shall, when the price
9 is reasonably competitive and the quality as intended, purchase
10 soybean-based inks and plastic products with recycled content,
11 including but not limited to plastic garbage can liners, and
12 shall purchase these items in accordance with the schedule
13 established in section 8A.315. However, the administrator
14 department need not purchase garbage can liners in accordance
15 with the schedule if the liners are utilized by a facility
16 approved by the environmental protection commission created
17 under section 455A.6, for purposes of recycling. For purposes
18 of this section, “recycled content” means that the content of
19 the product contains a minimum of thirty percent postconsumer
20 material.
21 e. Assist the director in employing Employ the professional,
22 technical, clerical, and secretarial staff for the department
23 and maintain employee records, in cooperation with the
24 department of administrative services and provide personnel
25 services, including but not limited to training, safety
26 education, and employee counseling.
27 f. Assist the director in coordinating Coordinate the
28 responsibilities and duties of the various divisions within the
29 department.
30 g. Carry out all other general administrative duties for the
31 department.
32 h. Perform such other duties and responsibilities as may be
33