Bill > SSB1123

Introduced Session

This bill relates to the organization, structure, and functions of state government. The bill is organized by divisions. DIVISION I —— DEPARTMENT OF HEALTH AND HUMAN SERVICES. This division provides the legislative changes for the realignment of the department of human services (DHS) and department of public health (DPH) into the department of health and human services (HHS), as necessary, for consideration by the general assembly during the 2023 legislative session to implement the realignment effective July 1, 2023, as required by 2022 Iowa Acts, chapter 1131, section 51, subsection 6, paragraph “a”. In addition, the bill incorporates into HHS the department on aging (DOA), the department of human rights (DHR), early childhood Iowa, and the Iowa commission on volunteer services. The bill eliminates references to the subunit structure and the heads of such subunits of HHS and other agencies incorporated into HHS below the department level, including divisions, bureaus, and administrators. Some of these include the center for rural health and primary care, the center for congenital and inherited disorders, the oral health and delivery systems bureau, the division of tobacco use prevention and control, the division for records and statistics, the bureau of professional licensure, the division of acute disease prevention and emergency response, the division of mental S.F. _____ health and disability services, the administrator assigned to control the state mental health institutes and state resource centers, the administrator of mental health and disability services, the division to which the director of DHS had assigned responsibility for income and service programs, the administrator of the child support recovery unit, and the division of adult, children, and family services. Instead, the references are changed so that HHS, the director of HHS, or a designee is responsible for these functions. The bill authorizes the director of HHS to organize HHS into subunits as necessary to most efficiently carry out the responsibilities of HHS. The bill restructures the membership of boards, commissions, and other entities to avoid duplicative representation by more than one person representing HHS following the incorporation of other agencies and units of government into HHS. The bill changes current Code references to “child support recovery unit” to “child support services” and the reference to “foster care recovery unit” to “foster care services”. The bill changes current Code references to “substance abuse”, “drug abuse”, and similar terms, to “substance use disorder”. The bill designates “record check evaluation system” to refer to the process used by HHS to perform child and dependent adult abuse record checks and to evaluate criminal history and abuse records. The bill changes current Code references to “food stamps” to “supplemental nutrition assistance program”. The bill eliminates the state board of health and replaces the board with the council on health and human services, but retains local boards of health and local health departments. The bill amends the membership of the HHS council to expand voting membership from seven to nine members, and requires that at least one of these members is a physician licensed to practice medicine in Iowa. S.F. _____ Through incorporation of DHR into HHS, the bill eliminates the division of community advocacy and services, the division of community action agencies, and the division of criminal and juvenile justice planning, and assigns the functions of these former divisions to HHS while retaining the underlying offices, commissions, councils, and the human rights board. The bill eliminates current Code references to “service area” and “service area manager” for the delivery of services, but retains references to county offices and advisory boards. The bill moves the Code provision establishing the child abuse prevention advisory committee from a general provision under Code chapter 217 (DHS) to a new provision under Code chapter 235A (child abuse). The bill changes current Code references to the “hawk-i” program and related terms to the “Hawki” program and related terms to reflect current program branding. The bill also moves the function of the Iowa child death review team from the office of the state medical examiner to HHS; establishes the Iowa domestic abuse death review team under HHS rather than as an independent agency of state government; eliminates the reference to Iowa Medicaid enterprise and assigns those functions to the Medicaid program; moves the responsibility for regulation of consumable hemp to HHS from the department of inspections and appeals (DIA); and moves the creation of the child advocacy board from DIA to HHS. The bill updates or eliminates outdated Code provisions. The bill repeals Code chapter 136 (state board of health) and incorporates the functions of the board of health into the council on health and human services. The bill repeals Code sections 135.2 (appointment of director and acting director) under the former DPH; 135.3 (disqualifications) relating to the former director of DPH; 135.6 (assistants and employees) relating to the former DPH; 135.7 (bonds) relating to bond requirements for certain employees of the former DPH; 135.8 (seal) relating to the S.F. _____ official seal of DPH; 135.9 (expenses) relating to travel expenses for employees of the former DPH; 135.10 (office) relating to the location of the former DPH at the seat of government; 216A.2 (appointment of department director, deputy director, and administrators —— duties) relating to appointments for the former DHR; 217.7 (administration of divisions); 217.9 (additional duties); 217.10 (administrator of division of mental health and disability services); 217.15 (administrator of division of administration) relating to the administrator position under the former DHS; 217.16 (cooperation with other divisions) relating to the administrator of the division of administration with others under the former DHS; 217.17 (administrator of division of planning) relating to the administrator under the former DHS; 218.19 (districts) relating to the administrator of institutions having control of an institution under control of the former DHS; 218.20 (place of commitments —— transfers) relating to commitments by district under the former DHS; 218.40 (services required) relating to services required to be rendered by residents of institutions; 218.53 (dealers may file addresses) relating to the provision of contact information for those desiring to provide services to institutions; 218.54 (samples preserved) relating to the retention of when purchases made by sample at institutions; 222.6 (state districts) relating to districts for resource centers; 227.19 (administrator defined) relating to the administrator in control of mental health institutes under the former DHS; 231.22 (director —— assistant director) relating to the director and assistant director of former DOA; and 234.2 (division created) relating to the division of child and family services under the former DHS. The bill repeals 2022 Iowa Acts, chapter 1098, sections 68 and 92, relating to a future amendment to Code section 232.142 relating to juvenile detention homes which would have moved administration fully to DHR and the provision making section 68 S.F. _____ effective July 1, 2023. DIVISION II —— DEPARTMENT OF ADMINISTRATIVE SERVICES. This division transfers the library services duties of the department of education, the state archivist and duties related to state records and archives, and most of the historical division of the department of cultural affairs to the department of administrative services. The bill also provides that the department of administrative services shall undertake responsibilities under Code chapter 305B, concerning museum property, currently provided by the department of cultural affairs. LIBRARY SERVICES. Code sections 256.50 to 256.73, concerning the library services duties of the department of education, are transferred to the department of administrative services in Code chapter 8A. The bill eliminates the library services division of the department of education and transfers duties and responsibilities of the division to the department of administrative services. The state librarian is transferred to the department of administrative services and the bill further provides that the state librarian shall be appointed by the director of the department of administrative services and not by the state commission of libraries. The state commission of libraries is also transferred to the department of administrative services and the bill adds the director of the department of administrative services as a member of the commission. The bill retains the rulemaking authority of the commission as it relates to library services. STATE RECORDS AND ARCHIVES. Code chapter 305, the state records and archives Act, is transferred to Code chapter 8A. The bill transfers the duties currently performed by the department of cultural affairs under that Code chapter to the department of administrative services. The bill also strikes the director of the department of cultural affairs as a member of the state records commission. The bill also provides that the director of the department of administrative services, S.F. _____ and not the administrator of the historical division of the department of cultural affairs, shall serve as an ex officio member of the Iowa historical records advisory board. HISTORICAL RESOURCES. The bill transfers most of the duties of the historical division of the department of cultural affairs and the administrator of that division to the department of administrative services and the director of the department of administrative services under Code chapter 8A. Duties of the historical division described in Code section 303.2 are generally transferred to the department of administrative services. The historic preservation officer, as well as related duties concerning historic properties and historic preservation activities, is not transferred to the department of administrative services. References to the historical division and to the state historical society as an agency of the state are eliminated and those responsibilities are transferred to the department of administrative services. The bill specifically defines the state historical society as a membership organization of the department of administrative services and retains those duties and responsibilities currently assigned to the state historical society as a membership organization with the state historical society. Current references to the state historical society as a state agency are changed to department of administrative services. The bill transfers the Iowa heritage fund and the historical resource development program to the department of administrative services. The bill provides that those duties currently assigned to the department of cultural affairs under Code chapter 305B, concerning museum property, are assigned to the department of administrative services. Finally, the bill also provides that control of the battle flag restoration fund, created in 2012 Iowa Acts, chapter 1136, shall be assigned to the department of administrative services and not the department of cultural affairs. S.F. _____ DIVISION III —— DEPARTMENT OF INSPECTIONS, APPEALS, AND LICENSING. This division of the bill renames the department of inspections and appeals (DIA) the department of inspections, appeals, and licensing (DIAL), and modifies the organizational structure and duties of the renamed department. ORGANIZATION —— GENERAL PROVISIONS. Code section 7E.5, listing the principal departments of state government, is amended to reflect the change of DIA to DIAL and to reflect that the duties of the department include licensing, and laws related to employment safety, labor standards, and workers’ compensation. Code chapter 10A, governing the department, is amended to reflect the expanded duties of the department as provided in the bill. The organizational structure of the department is amended to eliminate the investigations and health facilities division of the department and to add a labor services and workers’ compensation division. Code section 10A.104, providing for the powers and duties of the director of DIAL, is amended to reflect the transfer of duties to the director in the bill. The bill also provides for a teleconference option for boards and commissions under the purview of DIAL relating to health-related professions. LABOR SERVICES. The bill transfers the labor services division and labor commissioner, currently under the department of workforce development, to DIAL, including duties of the division and commissioner. The bill provides that the labor commissioner shall serve at the pleasure of the governor and not for a six-year term. The bill also provides that current duties of the labor commissioner under Code chapter 87, governing workers’ compensation, and Code chapter 88, governing occupational, safety, and health, are retained as duties of the labor commissioner under DIAL. All other current labor-related duties of the labor commissioner, except for duties under Code section 73A.21 and Code chapter 94A, are transferred to S.F. _____ DIAL and the director of DIAL, and not retained by the labor commissioner. The bill transfers the duties of the labor commissioner under Code section 73A.21 concerning bidder preferences to the department of administrative services. WORKERS’ COMPENSATION. The bill transfers the workers’ compensation services division and workers’ compensation commissioner, including duties of the division and commissioner, currently under the department of workforce development, to DIAL. The bill further provides that the workers’ compensation commissioner shall serve at the pleasure of the governor and not for a six-year term. LICENSING AND REGULATION ACTIVITIES. The division transfers several licensing and regulation functions of state government to DIAL. The licensing and regulation of certain fire control and building code-related activities are transferred from the state fire marshal and the commissioner of public safety to DIAL. The licensing and regulation of certain health-related professions are transferred from the department of public health to DIAL. Finally, the licensing and regulation of certain business and commerce-related professions are transferred from the department of commerce and the professional licensing and regulation bureau of the banking division of the department of commerce to DIAL. New Code section 10A.507 creates a licensing and regulation fund under the control of DIAL and provides that moneys in the fund are appropriated to DIAL to fulfill the administration and enforcement responsibilities of the department. The new Code section provides that moneys in the fund shall not revert and that interest and earnings on moneys in the fund shall be credited to the fund. Concerning fire control duties, the bill transfers several duties currently performed by the state fire marshal to DIAL and the DIAL director. Specifically, those duties of the state fire marshal unrelated to arson investigations provided in Code chapter 100 are transferred to DIAL. In S.F. _____ addition, duties and responsibilities of the state fire marshal and department of public safety under Code chapter 100C concerning fire extinguishing and alarm systems contractors and installers, Code chapter 100D concerning fire protection system installation and maintenance, Code chapter 101 concerning combustible and flammable liquids and liquefied gases, Code chapter 101A concerning explosive materials, and Code chapter 101B concerning cigarette fire safety standards, are transferred to DIAL and the DIAL director. Also, state fire marshal duties related to school infrastructure, health care facilities, motor fuel facilities and dispensers, elder group homes, assisted living programs, adult day services, child foster care and child care facilities, children’s residential facilities, board of regents, school child care program facilities, fireworks, and department of corrections institutions, are transferred to DIAL and the director of DIAL. Finally, Code section 12.83, providing for allocation of certain school infrastructure fund moneys, is amended to transfer the allocation to DIAL. Concerning state building code duties, the bill provides that the DIAL director, and not the commissioner of public safety, is the state building code commissioner and is responsible for those duties performed by the state building code commissioner. In addition, duties and responsibilities of the state fire marshal and department of public safety under Code chapter 103 concerning electricians and electrical contractors, are transferred to DIAL and the director of DIAL. Finally, the duties and responsibilities of the department of public health and the state fire marshal under Code chapter 105 concerning plumbers, mechanical professionals, and contractors, are transferred to DIAL and the director of DIAL. Concerning health-related professions and other related duties, the bill generally transfers licensing and board-related duties currently under the jurisdiction of the department of public health to DIAL and the director of S.F. _____ DIAL. The bill provides that the boards and laws relative to “Health-related Professions”, Title IV, subtitle 3, of the Code, excluding Code chapter 147, are transferred from the department of public health to DIAL. The bill eliminates the professional licensure division of the department of public health and provides that the DIAL director, and not the director of public health, shall appoint and supervise a full-time executive director for the board of medicine, the board of nursing, the dental board, and the board of pharmacy. Current responsibilities of the department of public health relating to tattooing, natural hair braiding, and lead abatement are also transferred to DIAL and the DIAL director. Concerning the licensing and regulation of certain business and commerce-related professions, the bill eliminates the professional licensing and regulation bureau of the banking division of the department of commerce and transfers duties of the bureau as well as other department of commerce duties to DIAL and the DIAL director. Specifically, duties and responsibilities of the department of commerce and bureau under Code chapter 542B concerning professional engineers and land surveyors, Code chapter 534B concerning real estate brokers and salespersons, Code chapter 543D concerning real estate appraisals and appraisers, Code chapter 543E concerning real estate appraisal management companies, Code chapter 544A concerning licensed architects, Code chapter 544B concerning landscape architects, and Code chapter 544C concerning registered interior designers, are transferred to DIAL and the DIAL director. Code section 546.10, concerning the professional licensing and regulation bureau, is amended and transferred to Code chapter 10A governing DIAL. The bill also provides that fees currently collected by the department of commerce and bureau related to those boards and Code chapters reassigned to DIAL shall be deposited in the licensing and regulation fund created by the bill and not the general fund of the state or the commerce revolving fund. Provisions governing S.F. _____ the current use of fees collected in Code section 546.10 are amended to reflect the changes in the bill. ADMINISTRATIVE LAW JUDGES. The division provides that administrative law judges utilized for purposes of unemployment security, the civil rights commission, the department of education, special education, and board of educational examiners shall be administrative law judges employed by the division of administrative hearings of DIAL under Code chapter 10A. CIVIL RIGHTS COMMISSION. The division provides that the Iowa state civil rights commission shall be created within DIAL. CONFORMING CHANGES. The division amends the Code as necessary to conform to the changes provided in the division relative to changing the name and duties of the renamed DIAL. DIVISION IV —— DEPARTMENT OF JUSTICE. This division of the bill relates to the department of justice. The bill eliminates the position of general counsel of the department of transportation and directs the attorney general to provide legal services for the department of transportation. The bill strikes a provision making certain employees of the department of justice and administrative law judges appointed or employed by the public employment relations board subject to the merit system. The bill allows the attorney general to prosecute a criminal proceeding without first receiving a request from a county attorney to act as a county attorney. The bill requires the attorney general to submit a report by January 15 of each year detailing all money settlement awards and court money awards that were awarded to the state of Iowa in the previous year. The bill changes the title of the first assistant attorney general to “chief deputy attorney general”. The bill repeals Code sections allowing the attorney general to appoint assistant attorneys general to perform and supervise the legal work of the department of revenue and the division of child S.F. _____ and family services of the department of human services. The bill allows the attorney general to charge state governmental entities for the cost of performing legal services and to require state governmental entities to provide office space for an assistant attorney general or other staff providing legal services exclusively for that entity. The bill changes the circumstances under which an entity of the state may employ private legal counsel. The bill grants the attorney general exclusive jurisdiction to prosecute election-related crimes. The bill exempts all employees of the department of justice from Code chapter 20 (public employment relations (collective bargaining)). Currently, nonsupervisory employees of the consumer advocate division who are employed primarily for the purpose of performing technical analysis of nonlegal issues are not exempt. The bill eliminates the position of special assistant attorney general for claims and transfers the duties of the position to the attorney general. The bill strikes a provision requiring the department of public safety to employ an assistant attorney general. The bill changes certain provisions for the appointment and removal of the consumer advocate by the attorney general, including by striking a requirement that the consumer advocate be an attorney. The bill also provides that the attorney general, and not the consumer advocate, may employ attorneys and other employees necessary to discharge the duties of the consumer advocate division. The division takes effect upon enactment. DIVISION V —— ECONOMIC DEVELOPMENT AUTHORITY. This division of the bill concerns the duties and responsibilities of the economic development authority and the director of the authority. CULTURAL AFFAIRS. This division of the bill transfers the responsibilities of the department of cultural affairs, S.F. _____ including the arts division and the film office, to the economic development authority (authority). The division eliminates the department of cultural affairs and all related internal organizational structure under the department. The division makes conforming changes to Code sections 7E.5, 8A.412, 306D.2, 321.252, 404A.1, 404A.3, 404A.6, 423.3, 427.16, 465A.2, 465B.2, and 465B.3. STATE HISTORIC PRESERVATION OFFICER. This division of the bill transfers the state historic preservation officer (SHPO), and all related duties of the SHPO, under the authority. IOWA FINANCE AUTHORITY. This division of the bill codifies that the director of the authority shall also serve as the director of the Iowa finance authority. The bill also provides that the director of the economic development authority shall serve at the pleasure of the governor and not for a four-year term. DIVISION VI —— ECONOMIC DEVELOPMENT AUTHORITY —— PARTNER STATE PROGRAM. This division of the bill codifies the partner state program and puts the program under the authority. The division takes effect upon enactment and includes an applicability provision relating to sister state agreements entered into before the effective date of the division. DIVISION VII —— PUBLIC EMPLOYMENT RELATIONS BOARD. This division relates to the public employment relations board (PERB). The bill strikes language providing that when the governor selects members of the PERB, consideration shall be given to their knowledge, ability, and experience in the field of labor-management relations. The bill strikes language providing that members of the PERB shall devote full time to their duties. The bill additionally requires the PERB to meet at least quarterly and modifies language pertaining to the compensation of PERB members and employees. The bill provides for an executive director of the PERB appointed by and serving at the pleasure of the governor S.F. _____ and subject to confirmation by the senate. In selecting the executive director, consideration shall be given to the person’s knowledge, ability, and experience in the field of labor-management relations. The governor shall set the salary of the executive director within the applicable salary range established by the general assembly. The bill authorizes the PERB to delegate its powers and duties to the executive director or persons employed by the PERB, as appropriate. The bill provides that in a petition for judicial review of a decision of the PERB in a contested case under Code chapter 20, the opposing party shall be named the respondent, and the PERB shall not be named as a respondent, notwithstanding Code chapter 17A, the Iowa administrative procedure Act. The bill provides that judicial review of agency action by the PERB under Code chapter 20 is not subject to Code chapter 17A. The bill additionally strikes language providing that the powers and duties of the PERB include preparing legal briefs and presenting oral arguments in court cases affecting the PERB. DIVISION VIII —— DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY MANAGEMENT. Under current law, the department of human services administers the disaster aid individual assistance grant fund and the disaster case management grant fund. The bill provides that the department of homeland security and emergency management shall administer the funds. The name of the disaster case management grant fund is changed to the disaster case advocacy grant fund. The bill also provides that the director of the department of homeland security and emergency management shall be subject to confirmation by the senate and shall serve at the pleasure of the governor. The bill makes conforming Code changes. DIVISION IX —— DEPARTMENT OF VETERANS AFFAIRS. This division relates to the administration of veterans services and the transfer of responsibility for such services. The division requires the department of veterans affairs S.F. _____ (IVA) to reimburse the auditor of state for audits and examinations the auditor of state conducts relating to the Iowa veterans home. The division combines the duties of the IVA director and the Iowa veterans home commandant into a single position and changes the title of the head of IVA from director to commandant. The division replaces the commission’s authority to supervise the commandant’s administration of operations and conduct of the Iowa veterans home with the authority to review and approve applications for distributions of moneys from the veterans license fee fund and the veterans trust fund. The division makes several conforming Code changes. DIVISION X —— OFFICE OF DRUG CONTROL POLICY. Current law provides that the governor’s office of drug control policy shall be an independent office, located at the same location as the department of public safety. Administrative support services may be provided to the governor’s office of drug control policy by the department of public safety. The division provides that the office of drug control policy is established in the department of public safety. A drug policy director shall be appointed by the commissioner of the department of public safety, and the director shall direct the office of drug control policy. DIVISION XI —— DEPARTMENT OF WORKFORCE DEVELOPMENT. This division modifies duties and responsibilities of the department of workforce development and includes transition provisions. The bill makes conforming changes to Code section 84A.5 to reflect the programs and responsibilities acquired by workforce development. The bill annually appropriates $250,000 to the department of workforce development (workforce development) for the development and implementation of regional industry sector partnerships under Code chapter 260H. The bill transfers administration of the statewide S.F. _____ work-based learning intermediary network program under Code section 256.40 from the department of education to workforce development. The bill requires workforce development, rather than the authority, to coordinate and review the industrial new jobs training program under Code chapter 260E. The bill transfers jobs training under Code chapter 260F from the authority to workforce development. The bill transfers the workforce development fund program from the authority to workforce development. The bill transfers the accelerated career education program under Code chapter 260G from the authority to workforce development. The bill transfers the older American community service employment program from the department on aging to workforce development. The bill transfers vocational rehabilitation under Code chapter 259 from the department of education to workforce development. The bill transfers the apprenticeship training program under Code chapter 15B from the authority to workforce development. The bill transfers the future ready Iowa registered apprenticeship development program under Code section 15C.1 from the authority to workforce development. The bill transfers the future ready Iowa expanded registered apprenticeship opportunities program under Code section 15C.2 from the authority to workforce development. The bill transfers employment agencies under Code chapter 94A from the labor commissioner to workforce development. The bill transfers responsibility for reports and records under Code section 91.12 from the division of labor services to workforce development. The bill requires workforce development, rather than the department of education, and community colleges to implement adult education and literacy programs. The department S.F. _____ of education and community colleges are still required to implement adult education under Code section 260C.50. DIVISION XII —— DEPARTMENT OF REVENUE. This division of the bill transfers the Iowa lottery authority and the duties of the alcoholic beverages division of the department of commerce to the department of revenue. IOWA LOTTERY. The division eliminates the Iowa lottery authority and transfers authority for operating the Iowa lottery to the department of revenue and the director of the department of revenue. The position of chief executive officer of the lottery authority is replaced by a lottery administrator, with modified duties, and the duties and powers of the lottery board are modified. The bill provides for a lottery administrator, instead of a chief executive officer, who shall direct the day-to-day operations of the lottery as specified by the department of revenue and director. The lottery administrator shall be appointed by the governor, confirmed by the senate, and shall serve at the pleasure of the governor. Under current law, the chief executive officer is appointed by the governor for a four-year term and shall only be removed from office for cause. Compensation of the lottery administrator shall be set by the governor. The division also transfers all duties and powers of the chief executive officer of the Iowa lottery under Code chapter 99G to the director of revenue, to include those duties and powers specified in Code sections 99G.6 and 99G.7. The duties of the board of directors of the Iowa lottery as specified in Code sections 99G.8 and 99G.9 are modified by the bill. The bill limits the responsibility of the board to providing the director of revenue with private-sector perspectives of a large marketing enterprise and adopting lottery game-specific rules. Current duties of the board relating to the administration of the Iowa lottery, approval of a budget, approving major lottery procurements, and adopting administrative rules are transferred to the department of S.F. _____ revenue. Code section 99G.10, concerning personnel of the Iowa lottery, is amended. The power to designate particular employees as key personnel is transferred from the chief executive officer to the director of revenue and the power of the chief executive officer and the board to determine the number of full-time equivalent positions necessary to carry out the provisions of Code chapter 99G is eliminated. The bill also eliminates the ability to establish incentive programs for employees. Code section 99G.40, concerning audits and reports, is amended. The provision requiring the chief executive officer to submit an informational budget for the lottery authority is amended. In addition, provisions governing the audit of the lottery authority are modified to reflect that any audit will be done as a part of an audit of the department of revenue. The division includes a transition provision governing the transfer of all rights and authority of the Iowa lottery authority to the department of revenue on July 1, 2023. The provision transfers lottery authority employees to the department of revenue and provides that the chief executive officer on the date of the transfer shall become the lottery administrator without requirement of reappointment by the governor. The transition provision also provides that the department of revenue shall take such steps as is necessary to effectuate the transfer of the lottery authority to the department. ALCOHOLIC BEVERAGE CONTROL. The division eliminates the alcoholic beverages division of the department of commerce and transfers authority over the duties of the alcoholic beverages division to the department of revenue and the director of the department. The bill eliminates the position of administrator of the alcoholic beverages division and transfers those duties of the administrator to the director of revenue. S.F. _____ The bill also modifies the duties of the alcoholic beverages commission and renames the commission as the alcoholic beverages council. The bill provides that the council shall act in an advisory capacity only to the department of revenue and director with the ability to advise and review actions of the director. Current duties of the commission to act as a policy-making body for the alcoholic beverages division, to affirm, reverse, or amend all actions of the administrator of the division, and to prepare an annual report concerning the division are eliminated. Instead, the bill transfers this authority and responsibility currently exercised by the commission to the department of revenue. CONFORMING CHANGES. Code section 7E.5, describing the responsibilities of the department of revenue, is amended to reflect the new duties of the department under the division. In addition, Code section 421.17, concerning the powers and duties of the director of revenue, is amended to reflect the new duties of the director under the division. DIVISION XIII —— DEPARTMENT FOR THE BLIND. This division provides that the director of the department of the blind shall be appointed by the governor, subject to confirmation by the senate, and shall serve at the pleasure of the governor. The bill provides that the salary of the director shall be set by the governor within the applicable salary range established by the general assembly. The bill also eliminates the authority for the commission for the blind to appoint officers for the commission. DIVISION XIV —— DEPARTMENT OF EDUCATION. This division transfers the responsibilities of several governmental entities to the department of education. IOWA BRAILLE AND SIGHT SAVING SCHOOL AND IOWA SCHOOL FOR THE DEAF. Current law establishes the Iowa braille and sight saving school and the Iowa school for the deaf within the state board of regents and requires the board of regents to govern the operations of these schools. The bill transfers the Iowa S.F. _____ braille and sight saving school and the Iowa school for the deaf from the board of regents to the department of education. The bill makes conforming changes. The bill establishes the responsibilities of the department with respect to the Iowa braille and sight saving school and the Iowa school for the deaf. The bill includes transition provisions. Current law prohibits the board of regents from merging the Iowa school for the deaf with the Iowa braille and sight saving school, or closing either of the schools, until certain requirements are met. The bill repeals this provision. INNOVATION DIVISION. Current Code section 268.7 establishes the science, technology, engineering, and mathematics collaborative initiative (STEM initiative) at the university of northern Iowa. The bill creates the innovation division of the department of education and transfers the STEM initiative from the university of northern Iowa to the innovation division. The bill provides that the chief administrative officer of the innovation division is the administrator, who is appointed by the director of the department. The bill establishes the responsibilities of the administrator and the innovation division. Subject to an appropriation of moneys, the bill requires the innovation division to administer six regional science, technology, engineering, and mathematics networks for Iowa. Oversight for these networks is provided by a regional advisory board, the members of which are appointed by the governor. The bill authorizes the state board of education to adopt rules to administer the STEM initiative. The bill includes transition provisions. HIGHER EDUCATION DIVISION AND MISCELLANEOUS CHANGES. Current Code section 256.1 establishes that the department of education is to act in a policymaking and advisory capacity and to exercise general supervision over the state system of education, including certain specified areas. The bill provides that the department is to act in a policymaking and S.F. _____ advisory capacity and to exercise general supervision over the Iowa braille and sight saving school, Iowa school for the deaf, STEM initiative, college student aid commission, board of educational examiners, and the career and technical education programs offered by school districts or community colleges. The bill establishes the higher education division within the department. The bill provides that the chief administrative officer of the higher education division is the administrator, who is appointed by the director of the department. The bill establishes all of the following within the higher education division: the career and technical education bureau, the board of educational examiners, the college student aid commission, and the community colleges bureau. The bill requires the administrator of the higher education division to administer and coordinate all of these bureaus, boards, and commissions and to hire and control the personnel employed by the division, including the personnel under the control of the board of educational examiners or the college student aid commission, along with providing for other responsibilities. Current Code sections 256.7 (duties of the state board of education) and 256.9 (duties of the director of the department of education) authorize the state board of education and the director to exercise broad authority over the operations of the department, except with respect to the college student aid commission, the commission of libraries and division of library services, and the public broadcasting board and division. The bill modifies these Code sections to authorize the state board and the director to exercise broad authority over the operations of the department, except with respect to the higher education division; the bureaus, boards, and commissions within the higher education division; the commission of libraries and division of library services; and the public broadcasting board and division. CAREER AND TECHNICAL EDUCATION BUREAU. Current Code chapter S.F. _____ 258 establishes the career and technical education program within the department of education. Current law requires the director of the department to appoint and direct the work of personnel as necessary to carry out Code chapter 258. The bill modifies provisions related to the career and technical education program to transfer the program to the career and technical education bureau, which the bill establishes within the higher education division of the department. The bill requires the director of the department to appoint the bureau chief of the career and technical education bureau. The bill tasks the bureau chief with directing the work of personnel as necessary to carry out the responsibilities of the career and technical education program. The bill makes conforming changes. The bill authorizes the state board of education to adopt emergency rules to implement the provisions of the division pertaining to the career and technical education bureau. The bill includes transition provisions. BOARD OF EDUCATIONAL EXAMINERS. Current Code chapter 272 creates the board of educational examiners. The bill transfers the board to the purview of the higher education division of the department of education. The bill makes conforming changes. Current law provides that the governor shall appoint an executive director of the board, subject to confirmation by the senate, who shall serve at the pleasure of the governor. Current law also provides that the board shall set the salary of the executive director within the range established by the general assembly. The bill modifies these provisions to provide that the director of the department of education shall appoint the executive director of the board and the director shall set the salary of the executive director. This provision applies to individuals appointed as the executive director of the board before, on, or after the effective date of the division. S.F. _____ The bill includes transition provisions. COLLEGE STUDENT AID COMMISSION. Current Code chapter 261 creates the college student aid commission. The bill transfers the commission to the purview of the higher education division of the department of education. The bill makes conforming changes. Current law provides that the commission is an autonomous state agency that is attached to the department of education for organizational purposes only. The bill strikes this provision. Current law also provides that the commission shall determine its own organization, draw up its own bylaws, adopt rules under Code chapter 17A, and do such other things as may be necessary to carry out its responsibilities. The bill modifies this provision to provide that the commission may draw up its own bylaws, adopt rules, and do other such things as may be necessary to carry out its responsibilities under the authority of the higher education division of the department. The bill provides that the director of the department of education shall appoint an executive director of the commission. The bill requires the director to set the salary of the executive director. This provision applies to individuals appointed as the executive director of the commission before, on, or after the effective date of the division. The bill includes transition provisions. COMMUNITY COLLEGES BUREAU. Current law establishes a community colleges division within the department of education. Current law requires the community college division to exercise the powers conferred upon the department with respect to community colleges. The bill modifies these provisions to transfer the responsibility to govern certain aspects of community colleges to the community colleges bureau, which the bill establishes within the higher education division of the department. The bill requires the director of the department of S.F. _____ education to appoint the bureau chief of the community colleges bureau. The bill tasks the bureau chief with directing the work of personnel as necessary to carry out Code chapter 260C (community colleges). The bill makes conforming changes. DIVISION XV —— COMMERCE. This division concerns the current organization of the department of commerce. The division renames the department and modifies provisions relating to the office of the consumer advocate, the Iowa utilities board, and the renamed department. CONSUMER ADVOCATE. The bill provides that the office of the consumer advocate shall be administratively supported by the utilities board. Current law provides that administrative support services are provided by the department of commerce. IOWA UTILITIES BOARD. The bill provides that the utilities division of the department of commerce shall be removed as a division of the department and function as a stand-alone board. The utilities board shall continue to participate in the commerce revolving fund. DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES. The bill provides that the department of commerce shall be renamed the department of insurance and financial services. The department shall contain the insurance division, the banking division, and the credit division. The bill provides that the insurance commissioner shall be the director of the department of insurance and financial services. The superintendent of banking and superintendent of credit unions shall report to the insurance commissioner. The bill also provides that the department of commerce revolving fund shall be renamed the commerce revolving fund. The bill provides that the superintendent of banking and the superintendent of credit unions shall serve at the pleasure of the governor and not for a four-year term. The bill also eliminates the provision that the superintendent of credit unions can only be removed from office by the governor for cause. Finally, the bill provides that the salary of S.F. _____ the insurance commissioner, superintendent of banking, and superintendent of credit unions shall be set by the governor. The bill updates law enforcement authority under Code section 507E.8 to reflect the insurance commissioner’s responsibility to enforce laws under Code chapters 502, 502A, 507A, 523A, 523C, 523D, and 523I, which is also the responsibility of the insurance commissioner. DIVISION XVI —— DEPARTMENT OF CORRECTIONS —— JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES AND COMMUNITY-BASED CORRECTIONAL PROGRAMS. Current law provides that a judicial district of correctional services shall be established in each judicial district of the state which shall provide a community-based correctional program. Each judicial district of correctional services has a board of directors which employs a director for the district. The bill provides that all employees of a judicial district department of correctional services shall be employees of the department of corrections, and that the director of the department of corrections shall appoint, subject to the approval of the board of corrections, a director for each judicial district department of correctional services. The bill amends current law by providing that a district board of a judicial district department of correctional services shall be a district advisory board. Duties which were formerly those of the district board are transferred to the director. The bill makes conforming Code changes and includes transition provisions. DIVISION XVII —— BOARD OF PAROLE. Current law provides that only the chairperson and vice chairperson of the board of parole are salaried and full-time employees. The three additional board members and three alternate board members are compensated on a per diem basis and are part-time employees. The bill eliminates the three alternate board members, and provides that all five members of the board shall be full-time, S.F. _____ salaried employees. The bill provides that the governor shall appoint a chairperson and vice chairperson from the membership of the board who shall serve at the pleasure of the governor subject to senate confirmation. The bill includes transition provisions for the current board membership. DIVISION XVIII —— SALARIES OF APPOINTED STATE OFFICERS. The general assembly periodically establishes salary ranges for certain appointed state officers and authorizes a person (generally the governor) to establish the salaries of those officers within the ranges provided. These noncodified provisions remain operative until the general assembly subsequently passes new salary ranges. The general assembly last passed such provisions in 2008. Under the bill, the salary amounts set forth for ranges 4 through 7 remain the same as those passed in 2008. Ranges 2 and 3 no longer apply to any positions and are eliminated. The chairperson and members of the employment appeal board are moved from range 3 to range 4, the executive director of the public employment relations board is added to range 5, and the lottery administrator of the department of revenue is added to range 7. The following positions included in the 2008 salary ranges (as amended) are not included in the bill’s salary ranges, either because the position no longer exists under the bill or because the salary of the position is to be set without a salary range limitation: (range 2) administrator of the arts division of the department of cultural affairs, (range 3) administrator of the division of criminal and juvenile justice planning of the department of human rights, administrator of the division of community action agencies of the department of human rights, (range 4) director of the department of human rights, members of the public employment relations board, (range 5) director of the department of homeland security and S.F. _____ emergency management, drug policy coordinator, director of the department of cultural affairs, director of the department on aging, executive director of the department of veterans affairs, executive director of the college student aid commission, administrator of the historical division of the department of cultural affairs, (range 6) administrator of the alcoholic beverages division of the department of commerce, director of the department of inspections and appeals, commandant of the Iowa veterans home, commissioner of public safety, commissioner of insurance, executive director of the Iowa finance authority, director of the department of natural resources, (range 7) director of the department of corrections, director of the department of education, director of human services, director of the economic development authority, director of transportation, director of the department of workforce development, director of revenue, director of public health, director of the department of management, and director of the department of administrative services. The bill makes corresponding Code changes. This division takes effect June 23, 2023. DIVISION XIX —— CONFIRMATION OF APPOINTMENTS. Code section 2.32, governing confirmation of appointments, is amended to provide that three-fifths of the members of the senate, instead of two-thirds, is necessary for approval of an appointment subject to senate confirmation. Code section 80.3, concerning the commissioner of public safety, and Code section 333A.2, concerning county finance committees, are amended to provide for approval of the applicable appointments by three-fifths, and not two-thirds, of the members of the senate. DIVISION XX —— BOARDS AND COMMISSIONS. The division establishes a boards and commissions review committee to study the efficiency and effectiveness of each board, council, commission, committee, or other similar entity of the state established by the Code. The committee shall consist of six voting members and four ex officio, nonvoting members. The S.F. _____ voting members of the committee shall be composed of one staff member of the governor’s office, appointed by the governor, the administrative rules coordinator or the coordinator’s designee, the director of the department of management or the director’s designee, the director of the department of inspections, appeals, and licensing or the director’s designee, one assistant attorney general, appointed by the governor upon recommendation of the attorney general, and one member of the public, appointed by the governor. The ex officio, nonvoting members of the committee shall be two state representatives and two state senators. The bill provides that the office of the governor shall provide staffing for the committee. Finally, the bill provides that the committee shall submit a report containing its findings and recommendations to the governor and the general assembly on or before September 30, 2023. DIVISION XXI —— MISCELLANEOUS PROVISIONS. This division includes a provision relating to irreconcilable amendments as well as transition provisions. The bill provides that if an amendment contained in division I of the bill concerning the department of health and human services is irreconcilable to an amendment that is made in the remainder of the bill, the amendment in the remainder of the bill, and not in division I, shall prevail. The bill also includes a transition provision concerning administrative rules, legal obligations, personnel, funds, litigation, boards and commissions, and signs and insignia. The bill provides that the transition provision in the division of the bill applies to the entirety of the bill to the extent that the transition provisions in the division are not inconsistent with alternative provisions specifically provided by law or in other divisions of the bill.

Committee Categories

No sponsors listed

Other Sponsors (1)

Committee report approving bill, renumbered as []. (on 03/02/2023)

Official Document