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Amendments › SF 2385

Amendment H-8318 to SF 2385

Relating to boards, commissions, committees, councils, and other entities of state government, and including effective date and transition provisions

Failed · April 16, 2024Vote: 34 yeas, 63 naysStrike everything: replaces the whole bill

Filed April 15, 2024 in the House by

What it changes

  1. By striking everything after the enacting clause and inserting: “DIVISION I CAPITOL PLANNING COMMISSION Section
  2. Section 2.43, subsections 1 and 2, Code 2024, are amended to read as follows:
  3. The legislative council , in cooperation with the officers of the senate and house , shall have the duty and responsibility for preparing for each session of the general assembly. Pursuant to such duty and responsibility, the legislative council shall assign the use of areas in the state capitol except for the areas used by the governor as of January 1, 1986, and, in consultation with the director of the department of administrative services and the capitol planning commission , may assign areas in other state office buildings, except for the judicial branch building, for use of the general assembly or legislative agencies. The legislative council shall provide the courts with use of space in the state capitol for ceremonial purposes. The legislative council may authorize the renovation, remodeling , and preparation of the physical facilities used or to be used by the general assembly or legislative agencies subject to the jurisdiction of the legislative council and award contracts pursuant to such authority to carry out such preparation. The legislative council may purchase supplies and equipment deemed necessary for the proper functioning of the legislative branch of government.
  4. In carrying out its duties under this section , the legislative council shall consult with the director of the department of administrative services and the capitol planning commission , but shall not be bound by any decision of the director in respect to the responsibilities and duties provided for in this section . The legislative council may direct the director of the department of administrative services or other state employees to carry out its directives in regard to the physical facilities of the general assembly, or may employ other personnel to carry out such functions. Sec.
  5. Section 8A.111, subsection 4, Code 2024, is amended by striking the subsection. Sec.
  6. Section 8A.373, Code 2024, is amended to read as follows: 8A.373 Duties —— report to legislature general assembly .
  7. It shall be the duty of the commission department to advise upon the location of statues, fountains, and monuments and the placing of any additional buildings on the capitol grounds, the type of architecture and the type of construction of any new buildings to be erected on the state capitol grounds as now encompassed or as subsequently enlarged, and repairs and restoration thereof, and it shall be the duty of the officers, commissions, and councils charged by law with the duty of determining such questions to call upon the commission department for such advice.
  8. The commission department shall , in cooperation with the director of the department of administrative services, develop and implement within the limits of its appropriation, a five-year modernization program for the capitol complex.
  9. The commission department shall annually report to the general assembly its recommendations relating to its duties under this section . The report shall be submitted to the chief clerk of the house and the secretary of the senate during the month of January. Sec.
  10. Section 8A.376, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: All capital projects on the capitol complex shall be planned, approved, and funded only after considering the guiding principles enunciated in any capitol complex master plan adopted by the commission on or after January 1, 2000 department . At a minimum, the extent to which the proposed capital project does all of the following shall be considered: Sec.
  11. Section 8A.377, subsection 2, Code 2024, is amended to read as follows:
  12. A project described in subsection 1 may vary from the architectural or historic integrity of the capitol if such variance is necessary to comply with state or federal laws relating to building accessibility or occupational safety or health, to address life safety issues, or for other compelling reasons. However, the state agency, branch of government, or other entity responsible for a project involving a variance from the architectural or historic integrity shall submit the plans for such project to the capitol planning commission department and the capital projects committee of the legislative council for review. Sec.
  13. Section 414.1, subsection 2, Code 2024, is amended to read as follows:
  14. The city of Des Moines may, for the purpose of preserving the dominance of the dome of the state capitol building and the view of the state capitol building from prominent public viewing points, regulate and restrict the height and size of buildings and other structures in the city of Des Moines. Any regulations pertaining to such matters shall be made in accordance with a comprehensive plan and in consultation with the capitol planning commission department of administrative services . Sec.
  15. Section 476.10B, subsection 7, Code 2024, is amended to read as follows:
  16. The department of administrative services, in consultation with the board and the division, shall secure architectural services, contract for construction, engineering, and construction oversight and management, and control the funding associated with the building construction and the building’s operation and maintenance. The department of administrative services may utilize consultants or other expert assistance to address feasibility, planning, or other considerations connected with construction of the building or decision making regarding the building. The department of administrative services, on behalf of the board and division, shall consult with the office of the governor , and appropriate legislative bodies , and the capitol planning commission . Sec.
  17. REPEAL. Sections 8A.371, 8A.372, 8A.374, and 8A.375, Code 2024, are repealed. DIVISION II FIRE EXTINGUISHING SYSTEM CONTRACTORS AND ALARM SYSTEMS ADVISORY BOARD Sec.
  18. Section 100C.1, subsection 5, Code 2024, is amended to read as follows:
  19. “Automatic fire extinguishing system” means a system of devices and equipment that automatically detects a fire and discharges an approved fire extinguishing agent onto or in the area of a fire and includes automatic sprinkler systems, carbon dioxide extinguishing systems, deluge systems, automatic dry-chemical extinguishing systems, foam extinguishing systems, and halogenated extinguishing systems, or other equivalent fire extinguishing technologies recognized by the fire extinguishing system contractors advisory board department . Sec.
  20. Section 100C.7, Code 2024, is amended to read as follows: 100C.7 Administration —— rules. The director shall administer this chapter and , after consultation with the fire extinguishing system contractors and alarm systems advisory board, shall adopt rules pursuant to chapter 17A necessary for the administration and enforcement of this chapter . Sec.
  21. Section 100D.5, subsection 1, Code 2024, is amended to read as follows:
  22. After consultation with the fire extinguishing system contractors and alarm systems advisory board established pursuant to section 100C.10 , adopt Adopt rules pursuant to chapter 17A necessary for the administration and enforcement of this chapter . Sec.
  23. REPEAL. Section 100C.10, Code 2024, is repealed. DIVISION III CONSERVATION EDUCATION PROGRAM BOARD Sec.
  24. Section 455A.19, subsection 1, unnumbered paragraph 1, Code 2024, is amended to read as follows: Upon receipt of any revenue, the director shall deposit the moneys in the Iowa resources enhancement and protection fund created pursuant to section 455A.18 . The first three hundred fifty thousand dollars of the funds received for deposit in the fund annually shall be allocated to the conservation education program board for the purposes specified in section 455A.21 . One percent of the revenue receipts shall be deducted and transferred to the administration fund provided for in section 456A.17 . All of the remaining receipts shall be allocated to the following accounts: Sec.
  25. Section 455A.21, Code 2024, is amended to read as follows: 455A.21 Conservation education program board .
  26. A conservation education program board is created in the department. The board shall have five members appointed as follows: a. One member appointed by the director of the department of education. b. One member appointed by the director of the department of natural resources. c. One member appointed by the president of the Iowa association of county conservation boards. d. One member appointed by the president of the Iowa association of naturalists. e. One member appointed by the president of the Iowa conservation education council.
  27. Section 69.16 does not apply to appointments made pursuant to this section .
  28. The duties of the board are to department shall revise and produce conservation education materials and to specify stipends to Iowa educators who participate in innovative conservation education programs approved by the board department . The board department shall allocate the funds provided for under section 455A.19, subsection 1 , for the educational materials and stipends.
  29. The department shall administer the funds allocated to the conservation education program as provided in this section . DIVISION IV PRISON INDUSTRIES ADVISORY BOARD Sec.
  30. Section 23A.2, subsection 6, paragraph a, Code 2024, is amended to read as follows: a. The director of the department of corrections , with the advice of the state prison industries advisory board, may, by rule, provide for exemptions from this chapter . Sec.
  31. Section 904.802, subsection 1, Code 2024, is amended by striking the subsection. Sec.
  32. Section 904.802, subsection 2, Code 2024, is amended to read as follows:
  33. “Iowa state industries” means prison industries that are established and maintained by the Iowa department of corrections , in consultation with the industries board, at or adjacent to the state’s adult correctional institutions, except that an inmate work program established by the state director under section 904.703 is not restricted to industries at or adjacent to the institutions. Sec.
  34. Section 904.804, Code 2024, is amended to read as follows: 904.804 Duties of industries board department —— state industries . The industries board’s principal duties department shall be to promulgate and adopt rules and to advise the state director regarding the management of Iowa state industries so as to further the intent stated by section 904.801 . Sec.
  35. Section 904.805, unnumbered paragraph 1, Code 2024, is amended to read as follows: The state director , with the advice of the industries board, shall: Sec.
  36. Section 904.806, Code 2024, is amended to read as follows: 904.806 Authority of state director not impaired. Nothing in this subchapter shall be construed to impair the authority of the state director over the adult correctional institutions of this state, nor over the inmates thereof. It is, however, the duty of the state director to obtain the advice of the industries board to further the intent stated by section 904.801 . Sec.
  37. Section 904.809, subsection 1, paragraph a, Code 2024, is amended to read as follows: a. The state director and the industries board shall comply with the intent of section 904.801 . Sec.
  38. Section 904.809, subsection 2, paragraph a, Code 2024, is amended to read as follows: a. Any other provision of the Code to the contrary notwithstanding, the state director may , after obtaining the advice of the industries board, lease one or more buildings or portions thereof on the grounds of any state adult correctional institution, together with the real estate needed for reasonable access to and egress from the leased buildings, for a term not to exceed twenty years, to a private corporation for the purpose of establishing and operating a factory for the manufacture and processing of products, or any other commercial enterprise deemed by the state director to be consistent with the intent stated in section 904.801 . Sec.
  39. Section 904.809, subsection 2, paragraph b, subparagraph (1), Code 2024, is amended to read as follows: (1) Persons working in the factory or other commercial enterprise operated in the leased property, except the lessee’s supervisory employees and necessary support personnel approved by the industries board state director , shall be inmates of the institution where the leased property is located who are approved for such work by the state director and the lessee. Sec.
  40. Section 904.809, subsection 3, Code 2024, is amended to read as follows:
  41. The state director with the advice of the prison industries advisory board may provide an inmate workforce to private industry. Under the program inmates will be employees of a private business. Sec.
  42. Section 904.813, subsection 2, paragraph a, subparagraphs (1), (2), and (3), Code 2024, are amended to read as follows: (1) Establishment, maintenance, transfer, or closure of industrial operations, or vocational, technical, and related training facilities and services for inmates as authorized by the state director in consultation with the industries board . (2) Payment of all costs incurred by the industries board, including but not limited to per diem and expenses of its members, and of salaries, allowances, support, and maintenance of Iowa state industries. (3) (2) Direct purchases from vendors of raw materials and capital items used for the manufacturing processes of Iowa state industries, in accordance with rules which meet state bidding requirements. The rules shall be adopted by the state director in consultation with the industries board . Sec.
  43. Section 904.814, Code 2024, is amended to read as follows: 904.814 Inmate allowance supplement revolving fund. There is established in the treasury of the state a permanent adult correctional institutions inmate allowance supplement revolving fund, consisting solely of money paid as board and maintenance by inmates working in Iowa state industries, or working pursuant to section 904.809 . The fund established by this section may be used to supplement the allowances of inmates who perform other institutional work within and about the adult correctional institutions including those who are working in Iowa state industries. Payments made from the fund shall supplement and not replace all or any part of the allowances otherwise received by, and shall be equably distributed among such inmates. The work of inmates in other institutional or industry work shall, to the greatest extent feasible, be in accord with the intent stated in section 904.801 . The fund may also be used to supplement other rehabilitation activities within the adult correctional institutions. Determination of the use of the funds is the responsibility of the state director who shall first seek the advice of the prison industries advisory board . Sec.
  44. REPEAL. Section 904.803, Code 2024, is repealed. DIVISION V COMMUNITY COLLEGE FACULTY ADVISORY COMMITTEE AND QUALITY FACULTY PLAN PROFESSIONAL DEVELOPMENT COMMITTEE Sec.
  45. Section 260C.36, subsection 4, Code 2024, is amended to read as follows:
  46. The department of education shall establish the following committees: a. An an ad hoc accreditation quality faculty plan protocol committee to advise the department in the development of protocols related to the quality faculty planning process to be used by the accreditation teams during site visits. The committee shall, at a minimum, determine what types of evidence need to be provided, develop interview procedures and visit goals, and propose accreditation protocol revisions. b. An ongoing quality faculty plan professional development committee. The committee shall, at a minimum, do the following: (1) Develop systemic, ongoing, and sustainable statewide professional development opportunities that support institutional development as well as individual development and support of the quality faculty plans. The opportunities may include internet-based systems to share promising practices. (2) Determine future professional development needs. (3) Develop or identify training and assistance relating to the quality faculty plan process and requirements. (4) Assist the department and community colleges in developing professional development consortia. (5) Review and identify best practices in each community college quality faculty plan, including best practices regarding adjunct faculty. c. A community college faculty advisory committee consisting of one member and one alternate from each community college, appointed by the committee established pursuant to subsection 1 . The committee membership shall be equally represented by individuals from the liberal arts and sciences faculty and the career and technical faculty. The committee shall, at a minimum, keep faculty informed of higher education issues, facilitate communication between the faculty and the department on an ongoing basis, and serve as an advisory committee to the department and community colleges on faculty issues. DIVISION VI COMMISSION ON EDUCATOR LEADERSHIP AND COMPENSATION Sec.
  47. Section 284.11, subsection 2, paragraph c, Code 2024, is amended to read as follows: c. Review the use and effectiveness of the funds distributed to school districts for supplemental assistance in high-need schools under this section , and consider the findings and recommendations of the commission on educator leadership and compensation submitted pursuant to section 284.15, subsection 13 , relating to the use and effectiveness of the funds distributed to school districts under this section . The department shall submit its findings and recommendations in a report to the general assembly by January 15 annually. Sec.
  48. Section 284.15, subsection 6, paragraph a, Code 2024, is amended to read as follows: a. A school district may apply to the department for approval to implement the career paths, leadership roles, and compensation framework specified in subsection 2 , or a comparable system of career paths and compensation for teachers that contains differentiated multiple leadership roles. The director shall consider the recommendations of the commission established pursuant to subsection 12 when approving or disapproving applications submitted pursuant to this section . A school district may modify an approved framework or comparable system if the director or the director’s designee approves the modification. A school district may appeal the director’s or the director’s designee’s decision to the state board and the state board’s decision is final. Sec.
  49. Section 284.15, subsection 12, Code 2024, is amended by striking the subsection. Sec.
  50. Section 284.15, subsection 14, Code 2024, is amended to read as follows:
  51. The provisions of this chapter shall be subject to legislative review at least every three years. The review shall be based upon a status report from the commission on educator leadership and compensation, which shall be prepared with the assistance of the departments department of education, in consultation with the department of management , and department of revenue. The status report shall review and report on the department’s department of education’s assignment and utilization of full-time equivalent positions, and shall include information on teacher retention, teacher compensation, academic quality of beginning teachers, teacher evaluation results, student achievement trend and comparative data, and recommendations for changes to the teacher leadership supplement foundation aid and the framework or comparable systems approved pursuant to this section . The first status report shall be submitted to the general assembly by January 15, 2017, with subsequent status reports prepared and submitted to the general assembly by January 15 at least every third year thereafter. DIVISION VII TELECOMMUNICATIONS ADVISORY COMMITTEE Sec.
  52. Section 256.7, subsection 7, paragraph c, Code 2024, is amended by striking the paragraph. Sec.
  53. Section 256.33, subsection 1, Code 2024, is amended to read as follows:
  54. The department shall consort with school districts, area education agencies, community colleges, and colleges and universities to provide assistance to them in the use of educational technology for instruction purposes. The department shall consult with the advisory committee on telecommunications, established in section 256.7, subsection 7 , and other users of educational technology on the development and operation of programs under this section . DIVISION VIII INTEGRATED ROADSIDE VEGETATION MANAGEMENT TECHNICAL ADVISORY COMMITTEE Sec.
  55. Section 314.13, subsection 2, Code 2024, is amended by striking the subsection. Sec.
  56. Section 314.22, subsection 3, Code 2024, is amended to read as follows:
  57. Integrated roadside vegetation management technical advisory committee Report . a. The director of the department shall appoint members to an integrated roadside vegetation management technical advisory committee which is created to provide advice on the development and implementation of a statewide integrated roadside vegetation management plan and program and related projects. The department shall report annually in January to the general assembly regarding its activities and those of the committee under this section . Activities of the committee may include but are not limited to providing advice and assistance in the following areas: (1) Research efforts. (2) Demonstration projects. (3) Education and orientation efforts for property owners, public officials, and the general public. (4) Activities of the integrated roadside vegetation management coordinator for integrated roadside vegetation management. (5) Reviewing applications for funding assistance. (6) Securing funding for research and demonstrations. (7) Determining needs for revising the state weed law and other applicable Code sections. (8) Liaison with the Iowa state association of counties, the Iowa league of cities, and other organizations for integrated roadside vegetation management purposes. b. The director may appoint any number of persons to the committee but, at a minimum, the committee shall consist of all of the following: (1) One member representing the utility industry. (2) One member from the Iowa academy of sciences. (3) One member representing county government. (4) One member representing city government. (5) Two members representing the private sector including community interest groups. (6) One member representing soil conservation interests. (7) One member representing the department of natural resources. (8) One member representing county conservation boards. c. Members of the committee shall serve without compensation, but may be reimbursed for allowable expenses from the living roadway trust fund created under section 314.21 . No more than a simple majority of the members of the committee shall be of the same gender as provided in section 69.16A . The director of the department shall appoint the chair of the committee and shall establish a minimum schedule of meetings for the committee. DIVISION IX TOURIST SIGNING COMMITTEE Sec.
  58. Section 321.252, subsection 3, paragraph a, Code 2024, is amended to read as follows: a. The department shall establish, by rule, in cooperation with a tourist signing committee, the standards for tourist-oriented directional signs and shall annually review the list of attractions for which signing is in place. The rules shall conform to national standards for tourist-oriented directional signs adopted under 23 U.S.C. §131(q) and to the manual of uniform traffic-control devices. (1) The tourist signing committee shall be made up of the directors or the directors’ designees of the departments of agriculture and land stewardship, natural resources, and transportation, the director or the director’s designee of the economic development authority, the chairperson or the chairperson’s designee of the Iowa travel council, and a member of the outdoor advertising association of Iowa. The director or the director’s designee of the economic development authority shall be the chairperson of the committee. (2) The department of transportation shall be responsible for calling and setting the date of the meetings of the committee which meetings shall be based upon the amount of activity relating to signs. However, the committee shall meet at least once a month. DIVISION X ADVISORY COMMITTEE FOR PERINATAL GUIDELINES Sec.
  59. Section 135.11, subsection 22, Code 2024, is amended to read as follows:
  60. In consultation with the advisory committee for perinatal guidelines, develop Develop and maintain the statewide perinatal program based on the recommendations of the American academy of pediatrics and the American college of obstetricians and gynecologists contained in the most recent edition of the guidelines for perinatal care, and adopt rules in accordance with chapter 17A to implement those recommendations. Hospitals within the state shall determine whether to participate in the statewide perinatal program, and select the hospital’s level of participation in the program. A hospital having determined to participate in the program shall comply with the guidelines appropriate to the level of participation selected by the hospital. Perinatal program surveys and reports are privileged and confidential and are not subject to discovery, subpoena, or other means of legal compulsion for their release to a person other than the affected hospital, and are not admissible in evidence in a judicial or administrative proceeding other than a proceeding involving verification of the participating hospital under this subsection . DIVISION XI CHILD CARE ADVISORY COMMITTEE Sec.

Shortened here; the full amendment is in the official document.

Official amendment (PDF) · In the Bill Book