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Home My WebLink About2018-03-01 Info PacketENT CITYIOWA CITY www.jcgov.org IN Council Tentative Meeting Schedule IP2 Work Session Agenda City Council Information Packet March 6 Work Session March 1, 2018 IP3 Memo from City Manager: Affordable Housing Action Plan — Annexation Policy I134 Update from City Manager's Office: Strategic Planning Process Mayor Throgmorton's recommended changes to the draft 2018-19 Strategic Plan [Distributed to Council on 3/6/18.] I135 Pending Work Session Topics Miscellaneous I136 Email from Mayor: Memo about responding to black parents I137 Information from Council member Botchway: House Study Bill 138 — Introduced I138 Memo from City Manager: Federal Aid Swap Information Request I139 Copy of article from City Manager: Why Mid -Sized Cities Love CDBG and HOME IP10 Memo from City Clerk: Listening Post Update IP11 Listening Post Summary Report —February 22 IP12 Memo from Historic Preservation Chair and Planner: Historic Preservation Commission Annual Planning Session Report and Work Plan for Calendar Year 2018 IP13 Letter from Vice President and Senior Pastor Gloria Dei Lutheran Church: Gloria Dei Christus House (Sanxay-Gilmore House) 109 East Market Street IP14 Minutes of Joint Meeting —January 22 IP15 Civil Service Entrance Examination: Mass Transit Operator IP16 Civil Service Entrance Examination: Senior Engineer March 1, 2018 Information Packet (continued) 2 Draft Minutes IP17 Human Rights Commission: February 22 r City Council Information Packet CITY IOWA CITY March 1, 2018 www.icgov.org IN Council Tentative Meeting Schedule March 6 Work Session I132 Work\Work enda IP3 Memoanager: Affordable Housin Action Plan —Annexation Policy IN Updatanager's Office: Strategi Planning Process IP5 Pendission Topics IP6 Email from Mayor: Mem I137 Information from Council IP8 Memo from City Manager: I139 Copy of article from City M IP10 Memo from City Clerk: Lis IP11 Listening Post Summary IP12 Memo from Historic Pr Commission Annua/Pla 2018 IP13 Letter from Vice PreChristus House (Sa nding to black parents sway: House Study Bill 138 — Introduced Swap Information Request Mid -Sized Cities Love CDBG and HOME Post date rt — Febru ry 22 ition Chair nc Session Reoo Planner: Historic Preservation and Work Plan for Calendar Year and Senior Pastor Gloria ei Lutheran Church: Gloria Dei 3ilmore House) 109 East lqarket Street IP14 Minutes of Joi7an eeting —January 22 \ IP15 Civil Service Ence Examination: Mass Transit Operator IP16 Civil Service E/trance Examination: Senior Engineer Draft Minutes IP17 Human Rights Commission: February 22 it CITY OF IOWA CITY Date City Council Tentative Meeting Schedule Subject to change Time Meeting March 1, 2018 Location U3 -u7-173 IN Tuesday, March 6, 2018 5:00 PM Special formal/Executive Session Emma J. Harvat Hall Work Session 7:00 PM Formal Meeting Tuesday, March 20, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, April 3, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, April 16, 2018 4:00 PM Reception ICCSD 4:30 PM Joint Meeting TBD Tuesday, April 17, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 1, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, May 15, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Monday, June 4, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Special Formal Tuesday, June 19, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, July 3, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, July 17, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, August 7, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting Tuesday, August 21, 2018 5:00 PM Work Session Emma J. Harvat Hall 7:00 PM Formal Meeting � r MILL CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240-1826 (3 19) 356-5000 (319) 356-5009 FAX www.icgov.org Special Formal / Executive Session 5:00 p.m. — separate agenda posted City Council Work Session Agenda Tuesday, March 6, 2018 Emma J. Harvat Hal[ - City Hall Following 5:00 p.m. Special Formal • Discuss update to the annexation policy — affordable housing [IP3 of 3/1 Info Packet] • Review the draft 2018-19 strategic plan [IP4 of 3/1 Info Packet] • Clarification of Agenda Items Information Packet Discussion [IP8 and IP10, February 15] • Information Packet Discussion [February 22, March 1] • Council updates on assigned boards, commissions and committees 03 -of --fa City of Iowa City IP3 MEMORANDUM Date: February 26, 2018 To: City Council From: Geoff Fruin, City Manager Re: Affordable Housing Action Plan — Annexation Policy Background: The Affordable Housing Action Plan includes a recommendation that consideration be given to an annexation policy that provides for affordable housing contributions. The City's current annexation policy is found in section 2 of the Comprehensive Plan.(https://www.icgov.or(l/compplan). Text and maps of interest are found at pp.16-18 and Sections 10 and 11 (Future Land Use and Fringe Area Map), and are attached. In Iowa City the practice has been to consider only voluntary annexations, i.e. a petition by the owner of the land requesting to be annexed as opposed to an application by the City to involuntarily annex property into the City. Under the City's policy, a voluntary annexation is generally viewed positively when 3 conditions exist: 1) the area under consideration falls within the long-range planning boundary; 2) Development in the area proposed for annexation will fulfill an identified need, without imposing an undue financial burden on the City; and, 3) Control of development is in the City's best interests. The broad parameters of the annexation policy serve the City well for several reasons. First, the City has no obligation to annex property. Its actions need only be reasonable and consistent with the annexation policy found in the Comprehensive Plan. Second, annexations are infrequent. Attached is a map showing the annexations to Iowa City since 2005. Only 7 have been for residential development of more than 10 units. Finally, each annexation presents variable issues that are often the subject of negotiation between the City and the landowner (e.g. infrastructure and public facility needs and costs, sewer and water fees, tax phase in). In researching this issue, City staff has found little in the way of annexation policies from other cities that specifically address affordable housing. For the most part, what is found is express or implicit requirements that any land which is annexed must comply with a city's inclusionary housing ordinance. For example, the City of Boulder has an inclusionary housing ordinance (Chapter 9-13, Boulder City Code) that applies to all residential development but does not address annexations. Staff contacted Boulder's Housing Division and was told by the Deputy Director that while they strive for certain benchmarks they intentionally do not have a written policy on annexations because each annexation is the subject of a negotiated agreement with the city, and each can bring different "community benefits." In crafting a policy, it is important to keep in mind that affordable housing measures that impose restrictions on the income of tenants and/or homeowners require income monitoring and verification. (e.g. Development Agreement with CA Ventures for units at Linn and Court; rental units provided in accordance with the Riverfront Crossings Inclusionary Housing ordinance). While the Developer is responsible for verifying income, oversight by the City is necessary both to educate Developers/Landlords with no experience in affordable housing, and to assure compliance. With the intensification and diversification of the City's affordable housing requirements, we have concerns about staff's ability to effectively provide such oversight with existing staff resources. The February 26, 2018 Page 2 literature suggests that this is a common concern. In the Lincoln Institute of Land Policy's Working Paper entitled Achieving Lasting Affordability through Inclusionary Housing (2014) the authors' findings from their nationwide inventory include the following: Stewardship Practice The case study analysis provides unprecedented insight into the ways local jurisdictions handle stewardship as part of their inclusionary housing programs. Monitoring inclusionary housing units and engaging residents, developers, lenders and other partners are essential for ensuring lasting affordability. Despite evidence of best practices from other housing programs, such as CI -Ts [community land trusts], there is wide variation in local jurisdictions' approaches to stewardship—both the value placed on stewardship and the specific stewardship activities used. A common theme across programs was a lack of sufficient resources to sufficiently monitor and steward properties and homeowners. Local jurisdictions have also seen their inclusionary housing inventory evolve and become more diverse—with more rental units, varying affordability terms, and multiple partners—which makes stewardship more challenging to implement. While many jurisdictions retain monitoring and stewardship activities in- house, trends indicate more programs are partnering with external organizations to provide these services. (p.30) Recommendation: The following parameters have guided staffs development of an affordable housing criteria for annexations: 1. Allow for flexibility in addressing the issues presented by any particular annexation while at the same time giving land owners/developers notice of the basic parameters. 2. Make it consistent with our existing programs (e.g. 10% of units for developments with over 10 units in RFC; 15% TIF requirement; affordable defined as housing affordable to tenants at or below 60% area median income (AMI) and homeowners at or below 80% AMI) 3. Emphasize types of affordable housing contributions that will not require City income monitoring of private developments while allowing the flexibility to consider other options in appropriate situations. 4. A preference for long term affordability that does not require income monitoring by City staff. By providing basic parameters that clearly define affordable housing as a critical component to annexations we can give the City and the developer the flexibility to negotiate based on the variables of each annexation request. In some cases, it may be that fee -in -lieu of is desired, while in others it could be that partnerships with affordable housing providers or the donation of land for a future LIHTC project is most appropriate. Getting too specific with the policy may inhibit otherwise creative approaches to future annexations. With these parameters in mind, staff recommends adding the following to the criteria that must be satisfied in order for annexation to occur: February 26, 2018 Page 3 If the annexation is for residential development that will result in the creation of ten (10) or more new housing units, the development will support the City's goal of creating and maintaining the supply of affordable housing. Such support shall be based on a goal of providing affordable units equal to 10% of the total units in the annexed area. Income targets shall be consistent with the City's existing program requirements. How the development provides such support will vary depending on the particular circumstances of the annexation, and may include, but is not limited to, transfer of lots/units to the City or an affordable housing provider; fee -in -lieu paid to the City's affordable housing fund; and/or participation in a state or federal housing program. An agreement committing the Owner/Developer to the affordable housing obligation, shall be required prior to annexation, and shall be further memorialized, if necessary, in a conditional zoning agreement. After direction from Council, any proposed revision to the annexation policy will be presented to the Planning and Zoning Commission for its recommendation and then come back to Council in the form of a resolution amending the comprehensive plan. 16 McCollister Bridge, completed in 2009, is the first new roadway to be constructed over the Iowa River since the early 1960s. The bridge is part of McCollister Boulevard, an east -west arterial that will provide relief for Highway 6 to the north, connecting South Gilbert Street west to Mormon Trek Boulevard. Eventually the road will be extended east to Scott Boule- vard, opening up residential development throughout south Iowa City. Growth and Infrastructure Iowa City's growth policy is an integral part of the Comprehensive Plan in the following ways: ■ It defines a long-range planning boundary for Iowa City; ■ It establishes when annexations should occur; and ■ It establishes where the investment of public funds for infrastructure and improvements should oc- cur (namely roads, water, and sewer). The Growth Boundary defines the cit -/s potential corporate limits—land that, for the purposes of long- range planning, is projected to serve the city's growth need for 30-40 years. Sanitary sewer and streets are the most expensive items of public infrastructure that must be provided to all new development within the City. Land included in the growth area must have the potential to be connected to the sewer system, which is based on watershed boundaries. Guiding new developments to watersheds that can be served by gravity flow to the City s sewage treatment plant facility enables the most cost effective provision of this essential City service. The growth boundary is used when making decisions regarding the extension of infrastruc- ture, the approval of subdivisions, the approval of agreements with other governmental jurisdictions re- garding growth, and in response to annexation requests. In addition, the City coordinates with private utili- ties to ensure that areas proposed for development can be fully served. A Public Works land inventory completed in 2008 indicates that Iowa City had more than 1,496 acres of va- cant residential land within city limits, mostly in the South and Northeast District. The designated growth area contains an additional 3,095 acres of vacant residential land. Assuming that future residential develop- ment occurs at densities similar to recent development patterns, Iowa City could reach build out capacity in 2034. However, if residential development were to maximize current zoning capacity, Iowa City would not reach build out capacity until 2055. Neither of these assumptions accounts for the potential of infill develop- ment in areas like Riverfront Crossings and Towncrest. Infill development at higher densities would absorb some housing demand, thus conserving farmland and maximizing the use of infrastructure. Prioritization of Investment in Infrastructure When the City prioritizes public investment in infrastructure and public amenities, improvements that serve properties within the corporate limits of Iowa City that further the City's policy of compact and con- tiguous growth, including urban infill development, should be given priority. This policy will guide deci- sion-making for the City's Capital Improvement Program (CIP). The CIP is one of the most effective tools the City has to affect the timing and direction of growth, quality of life, the growth of basic industry, and the cost of housing. Historically the City invested in infrastructure to accommodate moderate growth ra- ther than building infrastructure prior to development. In the future, City Council will use the CIP to effec- tively guide the location and timing of growth in the community through an annual review and prioritiza- tion of the CIP prior to the budget process. While continued development of new neighborhoods and employment areas are anticipated in the City s growth area, a significant policy focus for the City is to accommodate growth to the extent possible by fa- cilitating higher density urban infill development, such as in the Riverfront Crossings District, and through stabilization and revitalization efforts in existing neighborhoods and commercial areas, such as Down- town, Towncrest, and Sycamore Mall. Annexation Policy Growth and development outside the corporate boundaries, within the long-range planning area and be- yond, is influenced by the City through annexation and the Iowa City/Johnson County Fringe Area Agree- ment Annexations occur primarily in response to petitions filed by the owners of property requesting to be annexed. Voluntary annexation is generally viewed positively when the following conditions exist: 1. The area under consideration falls with the long-range planning boundary; 2. Development in the area proposed for annexation will fulfill an identified need without imposing an undue financial burden on the City; or 3. Control of development is in the City s best interest Annexations will typically be achieved through voluntary means. Involuntary annexations, which are initi- ated by the City against a property owner's wishes, are considered only in extraordinary circumstances. As part of any proposed annexation or development, the City must evaluate the capacity of existing infra- structure, including streets, water, and sewer. 17 A community cannot grow without major in- vestments in infrastructure, including water purification and waste water treatment. In 2011, Iowa City's water treatment facility pro- vided an average of 5.54 million gallons of water per day to customers. 18 An aerial view of the eastern edge of Iowa City. An important goal of Iowa City's Comprehen- sive Plan is to manage urban growth by en- couraging compact and contiguous develop- ment. Contiguous development is more effi- cient since building on land that is adjacent to existing development and connecting into existing road and utility networks is cost and resource efficient and ensures that neighbor- hoods are not isolated. This saves money for developers, property owners, and taxpayers. Fringe Area Agreement State enabling legislation permits a city to regulate the subdivision of land within two miles of the City's corporate boundaries. This area is known as the urban fringe area. Counties that enact ordinances control the land uses permitted in this same area through zoning. In the interest of managing growth and development in Iowa City s two-mile fringe area in a mutually ac- ceptable manner, Johnson County and Iowa City have agreed on the appropriate land uses and standards for development As Johnson County considers rezoning applications and Iowa City reviews subdivisions, their decisions will be governed by the Iowa City/Johnson County Fringe Area Policy Agreement The Agreement focuses exurban development in the area north of Iowa City, encourages development in Iowa City's growth area only upon annexation, and provides some incentive for the preservation of open space and environmentally sensitive features. The agreement has been working well to achieve the goals of both the City and County. Although it will be reviewed periodically for updates, the implementation of the Fringe Area Agreement will likely continue without significant changes. [See Fringe Area Map in the appendix to this document] Growth and the Environment Iowa City's vision for the future includes environmental protection as a basic tenet This includes strong community support for the Sensitive Areas Ordinance (SAO). Growth and development should be man- aged such that the environmental quality of the community is not sacrificed. Measures should be taken in all private and public projects to ensure that any impacts on regulated environmental features are mini- mized. The City's Sensitive Areas Inventory identifies the general location of woodlands, wetlands, regulated slopes, hydric soils, prairie remnants, stream corridors, and archaeological sites (See the appendix). Based on the information provided in the inventory, an ordinance was adopted in 1995 to provide protections for the identified environmentally sensitive areas. The ordinance requires consideration of environmental features during the development process and encourages construction that respects and protects natural areas. As the City continues to grow and redevelop, natural areas that contribute to the health and charac- ter of the city will be protected. The City should encourage subdivisions that not only preserve environ- mental areas but that incorporate them as assets in the overall development as private or public open space. uil From City Managers Office City of Iowa City's 2018-19 Strategic Planning Process Updated 2/20/2018 Step 1: Confirmation of Guiding Statement of Intent and 7 Strategic Goals A more Inclusive, Just and Sustainable Iowa City 1. Promote a Strong and Resilient Local Economy 2. Encourage a Vibrant and Walkable Urban Core 3. Foster Healthy Neighborhoods throughout the City 4. Maintain a Solid Financial Foundation 5. Enhance Community Engagement and Intergovernmental Relations 5. Promote Environmental Sustainability 7. Advance Social Justice and Racial Equity Step 2: Refine Specific Actions within the Strategic Goal Areas The following is a list of ideas agreed upon by a majority of Council Members. 1. Promote a Strong and Resilient Local Economy a. Undertake a comprehensive assessment of the current public transit system and implement changes to assure that the service best meets the needs of the entire community b. Effectively market and grow the local food economy c. Through cooperation with the Iowa City School District Iowa Workforce Development, Kirkwood Community College, Iowa Works, and others, increase opportunities for marginalized populations and low-income individuals to obtain access to skills training and good jobs d. Work with Procter & Gamble and impacted supply chain companies, local economic development organizations, and labor unions to respond effectively to the company's decision to terminate its local production of beauty care products 2. Encourage a Vibrant and Walkable Urban Core a. Collaborate with the University of Iowa on its redevelopment of University -owned property located in the Riverfront Crossings District, and on improving the quality, accessibility, and use of the Iowa River Corridor b. Preserve important parts of Iowa City's history by considering the designation of additional buildings as historic landmarks, and by considering the creation of an historic preservation district for part of the downtown c. Evaluate existing strategies and consider additional actions to address the need for reinvestment in the existing private housing stock in the community 3. Foster Healthy Neighborhoods throughout the City a. Adopt a new Affordable Housing Action Plan that identifies new strategies to improve the availability and affordability of housing in Iowa City b. Embed the "Missing Middle" concept into the City's land development practices by adopting a Form Based Code for at least one (preferably two) of our neighborhoods c. Ensure the next two budgets contain sufficient funds to make meaningful progress toward achieving the goals of the Bicycle Master Plan and Parks Master Plan i. Consider a plan for rubberized surfacing at park playgrounds ii. Develop strategies to address the equity gaps noted in the Parks Master Plan and plan for the equitable distribution of destination parks within an easy and safe distance of all residents d. Complete an analysis of traffic accident data and identify actions to improve the safety of our roadways 4. Maintain a Solid Financial Foundation a. Continue to monitor the impact of the 2013 property tax reform and evaluate alternative revenue sources as determined necessary b. Continue to build the City's emergency fund c. Monitor potential changes to Moody's rating criteria and maintain the City's Aaa bond rating d. Continue to reduce the City's property tax levy e. Maintain healthy fund balances throughout the City's diverse operations 5. Enhance Community Engagement and Intergovernmental Relations a. Experiment with innovative ways of engaging with diverse populations in person and on social media b. Improve collaborative problem -solving with regional government bodies on topics of shared interest c. Improve relationships with the State of Iowa and legislature by reaching out to legislators and other elected officials and working with City lobbyists 6. Promote Environmental Sustainability a. Adopt an effective Climate Action and Adaptation Plan and ensure the next two budgets contain sufficient funds to make meaningful progress toward achieving its goals b. Enhance efforts to increase the reach of the Parks and Recreation Foundation 7. Advance Social Justice and Racial Equity a. Support organizations and efforts in the in the community that provide services to people experiencing and recovering from trauma and crisis related to mental health and substance abuse b. Evaluate and consider a policy to limit city business to vendors that pay all employees a wage of $10.10 or higher c. Explore expanding upon and fully implementing racial equity toolkit embedding it within city department and Council levels d. Consider elevating hourly staff wages to $15/hour or more within two years Step 3: Confirm Supporting Metrics After specific actions are developed, staff will offer thoughts on appropriate supporting metrics. Our intention will be to update the metrics quarterly or when data becomes available, whichever is sooner. Step 4: Adopt the Strategic Plan by Council Resolution This action is targeted for March 2018. Step 5: Approval of the Staff Implementation Plan Staff intends to develop an implementation plan that will list the steps needed to complete each action. The roles that City Council and staff will need to play to complete each task will be clearly defined for each specific action. T,6' Late Handouts Distributed Mayor Throgmorton's recommended changes to the draft 2018-19 Strategic Plan NOTE: Items highlighted in green would be added; items crossed through would be deleted. 3 I I 1 (� (Date) Review the draft 2018-19 strategic plan [IP4 of 3/1 Info Packet] = A more Inclusive, Just and Sustainable Iowa City 1. Promote a Strong and Resilient Local Economy 2. Encourage a Vibrant and Walkable Urban Core 3. Foster Healthy Neighborhoods throughout the City 4. Maintain a Solid Financial Foundation 5. Enhance Community Engagement and Intergovernmental Relations 6. Promote Environmental Sustainability 7. Advance Social Justice and Racial Equity Step 2: Refine Specific Actions within the Strategic Goal Areas. The following is a list of ideas agreed upon by a majority of Council Members. 1. Promote a Strong and Resilient Local Economy a. Undertake a comprehensive assessment of the current public transit system and implement changes to assure that the service best meets the needs of the entire community b. Effectively market and grow the local food economy c. Through cooperation with the Iowa City School District, Iowa Workforce Development, Kirkwood Community College, Iowa Works, and others, increase opportunities for marginalized populations and low-income individuals to obtain access to skills training and good jobs d. Work with Procter & Gamble and impacted supply chain companies, local economic development organizations, and labor unions to respond effectively to the company's decision to terminate its local production of beauty care products 2. Encourage a Vibrant and Walkable Urban Core a. Collaborate with the University of Iowa on its redevelopment of University - owned property located in the Riverfront Crossings District, and on improving the quality, accessibility, and use of the Iowa River Corridor b. Preserve important parts of Iowa City's history by considering the designation of additional buildings as historic landmarks, amM by considering the creation of an historic preservation district far part of the downtown c. Evaluate existing strategies and consider additional actions to address the need for reinvestment in the = existing private housing stock in the eemmuntiy 3. Foster Healthy Nei hborhoods throu hout the City a. Adeps new Affordable Housing Action Plan tkat identijtes new strategies to improve the availability and a ordabili of housing in Iowa Ci b. Embed the "Missing Middle" concept into the City's land development practices by adopting a Form Based Code for at least one (preferably two) of our neighborhoods c. Ensure the next two budgets contain sufficient funds to make meaningful progress toward achievin the oals of the Bicycle Master Plan and Parks Master Plan. i. Consider a plan for rubberized surfacing at parkplaygrounds ii. Develop strategies to address the equity gaps noted in the Parks Master Plan and plan for the equitable distribution of destination parks within an easy and safe distance of all residents d. Complete an analysis of tra c accident data and identify actions to improve the safety of our roadways 4. Maintain a Solid Financial Foundation a. Continue to monitor the impact of the 2013 property tax reform and evaluate alternative revenue sources as deternelued-necessary b. Continue to build the City's emergencyfund c. Monitor potential changes to Moody's rating criteria and maintain the City's Aaa bond rating d. Continue to reduce the City's property tax levy e. Maintain healthy fund balances throughout the City's diverse operations S. Enhance Community Engagement and Intergovernmental Relations a. Experiment with innovative ways of engaging with diverse populations in person and on social media b. Im rove collaborative problem -solving with Fegional bedies-on topics of shared interest c. 6. Promote Environmental Sustainability a. Adopt an effective Climate Action and Ada tation Plan and ensure the next two budgets contain sufcient funds tomake fervarachievin its goals b. Hhhaneeefforts to increase the reach of the Parks and Recreation Foundation 7. Advance Social Justice and Racial Equity a. Support organizations and efforts in that provide services to people experiencing and recovering from trauma and crisis related to mental health and substance abuse b. Er siaeate eionsider a policy to limit city business to vendors that pay all employees a wage of $10.10 or higher c. Explorean errswirlly rrrrplernert�i�¢g _racial equity toolkit embedding it within city department and Council levels d. Consider elevating hourly staff wages to $15/hour or more within two years. IPS =_t o; CITY of IOWA Ciro UNESCO CITY OF UFEMTUHE PENDING CITY COUNCIL WORK SESSION TOPICS February 23, 2018 Strategic Plan Actions Requiring Initial City Council Direction: 1. Undertake a comprehensive assessment of the current public transit system and implement changes to assure that the service best meets the needs of the entire community (Determine scope of the study and establish a guiding vision for future transit service) 2. Through cooperation with the Iowa City School District, Iowa Workforce Development, Kirkwood Community College, Iowa Works, and others, increase opportunities for marginalized populations and low- income individuals to obtain access to skills training and good jobs (Determine actions and role of Council and Staff) 3. Ensure the next two budgets contain sufficient funds to make meaningful progress toward achieving the goals of the Bicycle Master Plan and Parks Master Plan a. Consider a plan for rubberized surfacing at park playgrounds (Establish expectations for staff plan) b. Develop strategies to address the equity gaps noted in the Parks Master Plan and plan for the equitable distribution of destination parks within an easy and safe distance of all residents. (Establish expectations for staff actions) 4. Improve collaborative problem -solving with regional government bodies on topics of shared interest (Determine topics and staff role) 5. Explore expanding upon and fully implementing racial equity toolkit, embedding it within city department and Council levels (Determine action steps) 6. Consider elevating hourly staff wages to $15/hour or more within two years (Determine what information is needed to consider the action) Other Topics: 1. Joint meeting with the Telecommunications Commission 2. Discuss Graduate and Professional Student Government relationship 3. Review city -funded organizations' commitment to diversity and inclusiveness 4. Review 2016 Police Department traffic stop date with Dr. Chris Barnum of St. Ambrose University 5. Discuss design parameters for American Legion Road and McCollister road projects 6. Discuss scope for RAL Recreation Center improvement project 7. Discuss Council Member appointments to committees (term limits) 8. Review the UniverCity program and consider expanding to duplex properties 9. Increase opportunities for the Council to engage with City staff and consider a voluntary survey to all employees seeking feedback on city related issues 10. Include a calendar of events in the Information Packet so the Council can discuss attendance at City or community events 11. Review the Farmer's Market vendor rules and regulations (Vendor Handbook) 12. Discuss near and long-term plans for autonomous vehicles 13. Review the consumption based emission study and discuss how to incorporate findings into our policies, procedures and codes. 14. Review alternative revenue sources 15. Review expert thoughts and begin to plan for the impact that autonomous vehicles will have on the community 16. Create a new student internship program to assist interested Council members 17. Consider increasing the salary and benefits for Council members effective January 1, 2020 Pending Requests of Staff: 1. Provide examples of recently completed transit studies from other cities 2. Provide a memo on the federal tax law changes, how it impacts Iowa City, and what changes, if any, other cities are pursuing 3. Provide information on efforts to green our vehicle fleet 4. Provide information on the concept of a Tree Advisory Board and planned efforts to increase the reach of the Parks and Recreation Foundation 5. Provide a breakdown of Senior Center memberships by city/county of residence 6. Provide verification of the eligibility of cooperatives to apply for a loan guarantee through the micro -loan program 7. Report on the viability of a communications centric mobile app for residents 8. Report to Council on anticipated steps needed to achieve a Gold Bicycle Friendly certification 9. Provide thoughts on forecasting road resurfacing projects for the City Council 10. Add City Council district boundaries to the CII' map and offer a report on visible projects per district 11. Finish the participatory budget research and present to Council 12. Provide a report on the temporary use of right-of-way for construction projects, the impacts those have on businesses and residents, and what the city does to alleviate concerns. 13. Update on progress from November 21, 2017 Work Session regarding Lusk Avenue. IP6 Kellie Fruehling From: Jim Throgmorton Sent: Tuesday, February 27, 2018 2:49 PM To: Council Cc: Pauline Taylor; Geoff Fruin Attachments: Memo about responding to black parents.docx; Mayor-listening.2-12-18.doc Fellow Council members, Please see the attached memo from Pauline and me, plus a report providing detail about what she and I heard from parents of black youth on February 12. Mayor Jim Throgmorton Iowa City City Council, At -Large To: City Council From: Mayor Throgmorton and Mayor Pro -Tem Taylor Subject: Meeting with parents of black youth Date: February 26, 2018 As you know, we invited 20 parents of black youth to meet with us on February 12. The idea for inviting parents to such a meeting came from an off-duty conversation that one of us (Jim) had with the Police Department's Community Outreach Officer, Henri Harper. Pursuant to the Mayor's request, Henri provided the Mayor with a list of 20 possible invitees. We met in City Hall from 6 to 7:30 p.m. on the 126'. Eight parents attended. Others could not attend due to conflicts with work or school, or for other personal reasons. Ashley Monroe was present at the meeting and took extensive notes about what the parents said (see attached). When inviting the parents, we told them we wanted to listen and learn. More specifically, we wanted to hear their ideas about what Iowa City government can do to help our city's black youth feel more a part of the Iowa City community and have good pathways to a good future here. As Ashley's notes document, the parents offered many observations and potentially fruitful suggestions. After reading the notes carefully, our sense is that the parents proposed at least four key actions that warrant the Council's consideration. 1. There's not much for kids to do here to stay out of trouble, regardless of color. The City could provide a place where black youth can go other than the Lee Rec Center or Mercer Park. If such a place can be identified, it should provide structured activities that will interest and benefit black youth. Black youth should be involved in determining what activities will be provided. 2. The place and activities would have to be well-managed, with on-site guidance and leadership being provided by African-American Iowa Citians. The manager/coordinator and staff of the place could be part-time employees of the City. [We note: Alternatively, some other organization (such as Big Brothers /Big Sisters) could be invited to run the facility.] 3. The City could work with leaders in the black community and knowledgeable people at the University and Kirkwood to celebrate African-American history better. [We note: There is a great deal of new material available, such as Henry Louis Gates, Jr.'s recent PBS series, "Africa's Great Civilizations": http://www.nbs.or-/showlafricas-Qreat-civilizations/.J 4. The City could help small or new community organizations learn how to write grant applications more effectively. Although we met with only eight black parents, we see considerable overlap between what we heard from them on the 12th and what several of us council members heard from youth at the Grant Wood town hall meeting on January IS. Please read the attached notes and be prepared to discuss them once a work session has been scheduled. r �i.•:.p CITY OF IOWA CITY Z -ft MEMORANDUM Mayor's Listening Post 2-12-18 Mayor Jim Throgmorton and Mayor Pro -Tem Pauline Taylor invited 20 parents of black youth to meet with them in City Hall from 6 to 7:30 p.m. on Monday, February 12. Eight parents attended. Others were unable to attend due to conflicts with work or school, or for other personal reasons. The Mayor opened the meeting by saying that he and Mayor Pro -Tem Taylor were there to listen and learn. "What," he asked, "can Iowa City government do to help our city's black youth feel more a part of the Iowa City community and have pathways to a good future here?" Assistant City Manager Ashley Monroe was also present. She took extensive notes about what the parents said. What We Heard from the Parents Attendees identified several activities that could be provided: • Free programming for youth - some local organizations say they're working with youth but they're not. One attendee indicated that the children she works with directly have to fundraise to participate in activities. • We need to sit down with the kids and ask what they're missing or find uncomfortable. • When kids got involved at City High, they stayed busy and involved. • There's not tons for kids to do in the area to stay out of trouble, regardless of color. • The Spot, on Broadway (Doug & Heidi) and Parkview Church/summer camp (Fred Newell). Used to do lock -ins, go skiing. • Should really celebrate African American History month; assemblies, speakers, African American history class. Want to see more at the City Library during Black History Month. There used to be a group for small kids at Afro House. • Want to see organized sports but are concerned about the high costs to participate (in school and out); cited Diamond Dreams & coach James Mitchell City High, flag football. • Activities should not just be about sports; attendees expressed interest in financial, books/reading, writing, arts, crafts, programs for young men. Example given: Becoming a Man (BAM) in Chicago (through Chicago schools guidance). • Would like to teach kids about how to gain access to financial credit; there are things people don't talk about. Teach kids to write essays. • It would be nice to get U of I sororities and fraternities involved. • Some parents sought programs with scholarships, have had success with Big Brothers Big Sisters. Liked the YMCA style programing. • Tired of kids working in restaurants; Need access to good jobs/skills. • Mentioned a picnic as a gathering Leadership: • Want to see more diversity in the leadership at Iowa City facilities. • Want other parents to volunteer and get involved; need help with getting kids to and from activities. • Community Service Officer Harper noted as being very helpful and of benefit to some families; Harper gets people involved in things that they wouldn't otherwise because he has resources and connections to help people directly. February 27, 2018 Page 2 • Provide small or new community organizations with help in writing or reviewing grants to receive more funding for neighborhood -initiated or sponsored activities. • One participant would love to work with the kids, but doesn't think she can take care of hers if she would leave her job. Existing and Possible Spaces for Activities: • Rec Center atmosphere is restrictive, leads to idleness. • Concern with language and attitudes displayed by some kids at Mercer and Rec Center; doesn't want kids exposed to those behaviors. • Need spaces they can go. Talked about public and private buildings that could house activities for youth. One group has outgrown Four Oaks Shelter space community room. Rec Center can be rented but over time gets too expensive. • Possibility of space in downtown? Group agrees that a structured space for things to do is needed. Mention of a teen food pantry. • Interest in vacant space across from Kum and Go near Hwy 6. County was at some point considering for Behavioral Access Center; lots of interior work would be required. Funding: • Concerned with Johnson County Youth Development grant funding and repetition of same people/organizations getting grants. Suggested that someone should look into programs receiving city and county funding to see if they're really doing what they say they will in grant applications. • "Grant world here is ridiculous; salaries for organizations too much. (Funding] should be for the kids." • Instead of funding organizations with lots of overhead, the City should do more of the programming to ensure it's helping those who most need services. o Related: Have a leader in City government to work for this community. They will know exactly who is working on this issue. Community Issues: • Neighborhoods and families don't want to be closed off; they want to be engaged with others and to thoughts about what Iowa City government can do to help our city's black youth feel more a part of the Iowa City community and have pathways to a good future here.invite others in. • "We have ideas but no money to get things started." • "Does the City know what we are NOT doing?" Should consider and learn. • "What about the parents? Help parents that don't have transportation." • City should be reaching out to different types of populations for feedback. • Asked who decides City's Social Justice/ Racial Equity grants. (Human Rights Commission; Council has increased funding to $75,000 next year (2019)) 03-07-18 From Council member Botchway IP] House Study Bill 138 - Introduced SENATE/HOUSE FILE BY (PROPOSED GOVERNOR BILL) A BILL FOR 1 An Act relating to certain state regulations, including 2 certificate of need requirements, the practice of certain 3 professions, and the oversight of state preserves, and 4 including effective date and transition provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1681XL (10) 87 tr/rh S. P. H. F. 1 DIVISION I 2 CERTIFICATE OF NEED REQUIREMENT — HOSPITALS 3 Section 1. Section 135.61, subsection 14, paragraph a, Code 4 2017, is amended by striking the paragraph. 5 Sec. 2. Section 135.61, subsection 18, Code 2017, is amended 6 by adding the following new paragraph: 7 NEW PARAGRAPH. n. The addition of swing -beds by a hospital 8 resulting in a swing -bed capacity of twenty-five or more swing 9 beds, or the addition of nursing facility beds or skilled 10 nursing facility beds by a hospital. 11 Sec. 3. Section 135.61, Code 2017, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION. 21A. Proposed institutional health 14 service- or '"institutional health service proposed- includes an 15 institutional health service and the new institutional health 16 service or changed institutional health service specified in 17 subsection 18, paragraph "n'. 18 Sec. 4. Section 135.63, subsection 2, paragraph g, 19 subparagraph (1), subparagraph division (a), Code 2017, is 20 amended to read as follows: 21 (a) The institutional health facility reports to the 22 department the number and type of beds reduced on a form 23 prescribed by the department at least thirty days before the 24 reduction. In the case of a health care facility, the new bed 25 total must be consistent with the number of licensed beds at 26 the facility. in the ease ef a hespital, the number ef beds 27 must be eensistent with bed tetals reperted te the department 28 ---___p--tier_- and -pp_--- -__ purr_--- __ licensure -__- 29 eertifleatienr 30 Sec. 5. Section 135.63, subsection 2, paragraphs k and n, 31 Code 2017, are amended by striking the paragraphs. 32 Sec. 6. Section 135.63, subsection 2, paragraphs 1 and m, 33 Code 2017, are amended to read as follows: 34 1. The replacement or modernization of any institutional 35 health facility if the replacement or modernization does LSB 1681XL (10) 87 -1- tr/rh 1/82 S. F. H. F. 1 not add new health services or additional bed capacity for 2 existing health services, notwithstanding any provision in this 3 division to the contrary. With respect to a nursing facility, 4 -replacement- means establishing a new facility within the same 5 county as the prior facility to be closed. 6 a—hespital,-fep!aeemefPt 7 8 threugh evidenee submitted te the department: 9 (1) 10 . 11 (2) Serves at leas- seventyfive pereentof the same- 12 area that was served 13y the priei hespital: to be elased and 13 . 14 (3) PrPrevides at ---=t seventy five pereent ef the= ame 15 services that were provided by the prier hespital te be elesed 16 and --_----- -1 the new hospital. 17(4 staffed by at least seventy five pereent of �Le. 18 same staff, ineluding—medieal staff, - _ __eted states and 19 20 elesed and replaeed by the nest hespital. 21 M. Hemodialysis services provided by a hespit-al er 22 freestanding facility, notwithstanding any provision in this 23 division to the contrary. 24 Sec. 7. Section 135.63, subsection 2, Code 2017, is amended 25 by adding the following new paragraph: 26 NEW PARAGRAPH. q. A facility that provides services to a 27 person with a primary diagnosis of mental illness as defined 28 in section 229.1. 29 Sec. 8. Section 135P.1, subsection 3, Code 2017, is amended 30 to read as follows: 31 3. Health facility- means an institutional health 32 facility as defined in section 135.61, hospital as defined 33 in section 135B.1, hospice licensed under chapter 135J, home 34 health agency as defined in section 144D.1, assisted living 35 program certified under chapter 231C, clinic, or community LSB 1681XL (10) 87 -2- tr/rh 2182 S. F. H. F. 1 health center, and includes any corporation, professional 2 corporation, partnership, limited liability company, limited 3 liability partnership, or other entity comprised of such health 4 facilities. 5 Sec. 9. EFFECTIVE DATES. 6 1. Except as provided in subsection 2, this division of this 7 Act takes effect July 1, 2019. 8 2. The section of this division of this Act enacting 9 section 135.63, subsection 2, paragraph -q-, takes effect upon 10 enactment. 11 DIVISION II 12 REPEALS OF CERTAIN BOARDS AND CONFORMING AMENDMENTS 13 Sec. 10. Section 10A.104, subsection 15, Code 2017, is 14 amended to read as follows: 15 15. Administer inspections of cosmetology salons under 16 section 157.7 and barbersheps tinder sae !an 358 6. 17 Sec. 11. Section 85B.9, subsections 2 and 4, Code 2017, are 18 amended to read as follows: 19 2. Audiometric examinations shall be administered by 20 persons who are certified by the council for accreditation 21 in occupational hearing conservation or by persons Wiens ed 22 registered as audiologists under chapter 154F, or licensed as 23 physicians or osteopathic physicians and surgeons under chapter 24 148, provided the registered and licensed persons are trained 25 in audiometry. 26 4. a. The assessment of the proportion of the total 27 binaural percentage hearing loss that is due to occupational 28 noise exposure shall be made by the employer's regular or 29 consulting physician or lieensed registered audiologist who 30 is trained and has had experience with such assessment. If 31 several audiometric examinations are available for assessment, 32 the physician or audiologist shall determine which examinations 33 shall be used in the final assessment of occupational hearing 34 loss. 35 b. If the employee disputes the assessment, the employee LSB 1681XL (10) 87 -3- tr/rh 3/82 S. F. H. F. 1 may select a physician or lieenged registered audiologist 2 similarly trained and experienced to give an assessment of the 3 audiometric examinations. 4 Sec. 12. Section 135.11, subsection 7, Code 2017, is amended 5 to read as follows: 6 7. Exercise sole jurisdiction over the disposal and 7 transportation of the dead bodies of human beings and prescribe 8 the methods to be used in preparing such bodies for disposal 9 and transportation. However, the department may approve 10 a request for an exception to the application of specific 11 embalming and disposition rules adopted pursuant to this 12 subsection if such rules would otherwise conflict with tenets 13 and practices of a recognized religious denomination to which 14 the deceased individual adhered or of which denomination the 15 deceased individual was a member. The department shall inform 16 17 18 lieengeel pursuant te ehapter lS6—. 19 Sec. 13. Section 135.24, subsection 2, paragraphs a and d, 20 Code 2017, are amended to read as follows: 21 a. Procedures for registration of health care providers 22 deemed qualified by the board of medicine, the board of 23 physician assistants, the dental board, the board of nursing, 24 the board of chiropractic, the board of psychology, the board 25 of seeial:werk, the beard e€ behavieral seienee, the board 26 of pharmacy, the board of optometry, the board of podiatry, 27 the board of physical and occupational therapy, the beard of 28 respiratery eare and pelysemnegraphy, and the Iowa department 29 of public health, as applicable. 30 d. Identification of the services to be provided under the 31 program. The services provided may include but shall not be 32 limited to obstetrical and gynecological medical services, 33 psychiatric services provided by a physician licensed under 34 chapter 148, dental services provided under chapter 153, or 35 other services provided under chapter 147A, 148A, 148B, 148C, LSB 1681XL (10) 87 -4- tr/rh 4/82 S. F. B. P. 1 149, 151, 152, 4:52B 152E, 154, 154B, 154C, 154D, 154F, or 2 155A. 3 Sec. 14. Section 135.24, subsection 7, paragraph d, Code 4 2017, is amended to read as follows: 5 d. Health care provider- means a physician licensed under 6 chapter 148, a chiropractor licensed under chapter 151, a 7 physical therapist licensed pursuant to chapter 148A, an 8 occupational therapist licensed pursuant to chapter 148B, 9 a podiatrist licensed pursuant to chapter 149, a physician 10 assistant licensed and practicing under a supervising physician 11 pursuant to chapter 148C, a licensed practical nurse, a 12 registered nurse, or an advanced registered nurse practitioner 13 licensed pursuant to chapter 152 or 152E, a-respiratery 14 therapist lieensed pursuant __ _`apter 15 152B, a dentist, dental 15 hygienist, or dental assistant registered or licensed to 16 practice under chapter 153, an optometrist licensed pursuant 17 to chapter 154, a psychologist licensed pursuant to chapter 18 154B, a social worker lieensed registered pursuant to chapter 19 154C, a mental health counselor or a marital and family 20 therapist 11een=sed registered pursuant to chapter 154D, a 21 speech pathologist or audiologist sensed registered pursuant 22 to chapter 154F, a pharmacist licensed pursuant to chapter 23 155A, or an emergency medical care provider certified pursuant 24 to chapter 147A. 25 Sec. 15. Section 135.61, subsection 10, Code 2017, is 26 amended to read as follows: 27 10. Health care provider- means a person licensed, 28 registered, or certified under chapter 147, 148, 148A, 148C, 29 149, 151, 152, 153, 154, 154B, 154F, or 155A to provide in this 30 state professional health care service to an individual during 31 that individual's medical care, treatment, or confinement. 32 Sec. 16. Section 135.131, subsection 4, Code 2017, is 33 amended to read as follows: 34 4. A birth center shall refer the newborn to a licensed 35 registered audiologist, physician, or hospital for screening LSB 1681XL (10) 87 -5- tr/rh 5/B2 S. F. H. F. 1 for hearing loss prior to discharge of the newborn from the 2 birth center. The hearing screening shall be completed within 3 thirty days following discharge of the newborn. The person 4 completing the hearing screening shall report the results 5 of the screening to the parent or guardian of the newborn 6 and to the department in a manner prescribed by rule of the 7 department. Such person shall also report the results of the 8 screening to the primary care provider of the newborn. 9 Sec. 17. Section 135L.3, subsection 3, paragraphs b and j, 10 Code 2017, are amended to read as follows: 11 b. The pregnant minor may participate in the court 12 proceedings on the pregnant minor's own behalf. The court may 13 appoint a guardian ad litem for the pregnant minor and the 14 court shall appoint a guardian ad litem for the pregnant minor 15 if the pregnant minor is not accompanied by a responsible adult 16 or if the pregnant minor has not viewed the video as provided 17 pursuant to section 135L.2. In appointing a guardian ad litem 18 for the pregnant minor, the court shall consider a person 19 licensed to practice psychology pursuant to chapter 154B, a 20 sensed registered social worker pursuant to chapter 154C, a 21 11eensed registered marital and family therapist pursuant to 22 chapter 154D, or a licensed registered mental health counselor 23 pursuant to chapter 154D to serve in the capacity of guardian 24 ad litem. The court shall advise the pregnant minor of the 25 pregnant minor's right to court-appointed legal counsel, and 26 shall, upon the pregnant minor's request, provide the pregnant 27 minor with court-appointed legal counsel, at no cost to the 28 pregnant minor. 29 j. If the court denies the petition for waiver of 30 notification and if the decision is not appealed or all appeals 31 are exhausted, the court shall advise the pregnant minor that, 32 upon the request of the pregnant minor, the court will appoint 33 a zieensed registered marital and family therapist to assist 34 the pregnant minor in addressing any intrafamilial problems. 35 All costs of services provided by a court-appointed wed LSB 1681XL (10) 87 -6- tr/rh 6/82 S. F. H. F. 1 registered marital and family therapist shall be paid by the 2 court through the expenditure of funds appropriated to the 3 judicial branch. 4 Sec. 18. Section 144C.3, subsection 5, Code 2017, is amended 5 to read as follows: 6 5. This section shall not be construed to permit a person 7 who is not lieensed registered pursuant to chapter 156 to make 8 funeral arrangements. 9 Sec. 19. Section 144C.11, Code 2017, is amended to read as 10 follows: 11 144C.11 Practice of mortuary science. 12 This chapter shall not be construed to authorize the 13 unlieeaeed unregistered practice of mortuary science as 14 provided in chapter 156. 15 Sec. 20. Section 147.1, subsections 3 and 6, Code 2017, are 16 amended to read as follows: 17 3. Licensed` or certified-, when applied to a physician 18 and surgeon, podiatric physician, osteopathic physician and 19 surgeon, physician assistant, psychologist, chiropractor, 20 nurse, dentist, dental hygienist, dental assistant, 21 optometrist, speeeh pathelogist, audiologist, pharmacist, 22 physical therapist, physical therapist assistant, occupational 23 therapist, occupational therapy assistant, e-`_`=`_-=`_`_-=`_, 24 , 25 practitioner of cosmetology arts and sciences, met 26 ef barbering, funeral direeter, dietitian, marital a 27 family therapist, mental health eounseler, respirater-y 28 29 -eehn---gist• ------ ------• massage therapist, ----leis- 30 `-�T acupuncturist, nursing home administrator, bearing 31 or sign language interpreter or transliterator 32 means a person licensed under this subtitle. 33 6. Profession- means medicine and surgery, podiatry, 34 osteopathic medicine and surgery, practice as a physician 35 assistant, psychology, chiropractic, nursing, dentistry, LSB 1681XL (10) 87 -7- tr/rh 7/82 S. F. H. F. 1 dental hygiene, dental assisting, optometry, 2 audiology, pharmacy, physical therapy, physical therapist 3 assisting, occupational therapy, occupational therapy 4 assisting, respiratery eare, cosmetology arts and sciences, 5 _________g, _..______s ________, _..______ and ___..__s therapy, mental 6 health eeunseling, pelysemnegraphy, , dietetics, 7 massagetherapy, _title_-_ ___-_____g, acupuncture, nursing 8 home administration, r_______ as _ ___ _r__:__:__, 9 or sign language interpreting or transliterating, =, "_"___ 10 presthetles,e pedeEthles. 11 Sec. 21. Section 147.2, subsection 1, Code 2017, is amended 12 to read as follows: 13 1. A person shall not engage in the practice of medicine 14 and surgery, podiatry, osteopathic medicine and surgery, 15 psychology, chiropractic, physical therapy, physical 16 therapist assisting, nursing, dentistry, dental hygiene, 17 dental assisting, optometry, 18 occupational therapy, occupational therapy assisting, 19 ______ties, r___________, r__________, ___r______1 ____, 20 pharmacy, cosmetology arts and sciences, barbering, seeial 21 werk,dieteties, marital and l Cl er mental health 22 , 23 athletle training, acupuncture, nursing home administration, 24 or sign language interpreting or transliterating, or shall not 25 practice as a physician assistant , 26 unless the person has obtained a license for that purpose from 27 the board for the profession. 28 Sec. 22. Section 147.13, subsections 10, 12, 14, 15, 16, 17, 29 18, 19, 20, 22, and 24, Code 2017, are amended by striking the 30 subsections. 31 Sec. 23. Section 147.14, subsection 1, paragraphs a, i, k, 32 m, o, p, q, r, t, and v, Code 2017, are amended by striking the 33 paragraphs. 34 Sec. 24. Section 147.14, subsection 1, paragraph s, Code 35 2017, is amended to read as follows: LSB 1681XL (10) 87 -g- tr/rh 8/82 S. F. H. F. 1 s. For podiatry, five members licensed to practice podiatry -r 3 pederthicsr and two members who are not se licensed to practice 4 podiatry and who shall represent the general public. 5 Sec. 25. Section 147.74, subsections 11, 12, 13, 14, 17, 6 19, 20, 23, and 24, Code 2017, are amended by striking the 7 subsections. 8 Sec. 26. Section 147.76, Code 2017, is amended to read as 9 follows: 10 147.76 Rules. 11 The boards for the various professions shall adopt all 12 necessary and proper rules to administer and interpret this 13 chapter and chapters 148 through 158, eneept ehapter 148D 152, 14 152E, 153, 154, 1548, 154E, 154F, 155, 155A, and 157. 15 Sec. 27. Section 148A.3, subsection 1, Code 2017, is amended 16 to read as follows: 17 1. Licensed physicians and surgeons, osteopathic physicians 18 and surgeons, podiatric physicians, chiropractors, nurses, 19 dentists, and cosmetologists barberar who are engaged in 20 the practice of their respective professions. 21 Sec. 28. Section 152.1, subsection 6, paragraph c, Code 22 2017, is amended to read as follows: 23 C. The performance of services by unlicensed or unregistered 24 workers employed in offices, hospitals, or health care 25 facilities, as defined in section 135C.1, under the supervision 26 of a physician or a nurse licensed under this chapter, or 27 employed in the office of a psychologist, podiatric physician, 28 optometrist, chiropractor, speech pathologist, audiologist, or 29 physical therapist licensed or registered to practice in this 30 state, and when acting while within the scope of the employer's 31 license. 32 Sec. 29. Section 152A.1, Code 2017, is amended to read as 33 follows: 34 152A.1 Definitions. 35 As used in this chapter, unless the context otherwise LSB 1681XL (10) 87 -9- tr/rh 9/62 S. F. H. F. 1 requires: 2 1. nBeard Department means the beard ef d etet es 3 department of public health created under chapter 1+'} 135. 4 2. rib1-eensed dletieian--er—&iel-ir Dietitian- means a 5 person who `e"- a valid 1 eense registers with the department 6 to practice dietetics pursuant to this chapter. 7 Sec. 30. Section 152A.2, Code 2017, is amended by striking 8 the section and inserting in lieu thereof the following: 9 152A.2 Dietitian registration. 10 A person shall register with the department in order to 11 provide services as a dietitian. 12 Sec. 31. Section 153.13, subsection 3, Code 2017, is amended 13 by striking the subsection. 14 Sec. 32. Section 154C.1, subsection 1, Code 2017, is amended 15 by striking the subsection and inserting in lieu thereof the 16 following: 17 1. Department- means the department of public health 18 established in chapter 135. 19 Sec. 33. Section 154C.1, subsection 2, Code 2017, is amended 20 by striking the subsection. 21 Sec. 34. Section 154C.1, subsection 3, unnumbered paragraph 22 1, Code 2017, is amended to read as follows: 23 Practice of social work- means the professional activity 24 of pensees persons registered under this chapter which is 25 directed at enhancing or restoring people's capacity for social 26 functioning, whether impaired by environmental, emotional, 27 or physical factors, with particular attention to the 28 person -in -situation configuration. The social work profession 29 represents a body of knowledge requiring progressively more 30 sophisticated analytic and intervention skills, and includes 31 the application of psychosocial theory methods to individuals, 32 couples, families, groups, and communities. The practice of 33 social work does not include the making of a medical diagnosis, 34 or the treatment of conditions or disorders of biological 35 etiology except treatment of conditions or disorders which LSB 1681XL (10) 87 -10- tr/rh 10/82 S. F. H. F. 1 involve psychosocial aspects and conditions. The practice of 2 social work 3 includes the following: 4 Sec. 35. NEW SECTION. 154C.1A Social work registration. 5 A person shall register with the department in order to 6 engage in the practice of social work. 7 Sec. 36. Section 154C.7, unnumbered paragraph 1, Code 2017, 8 is amended to read as follows: 9 This chapter and chapter 147 do not prevent qualified 10 members of other professions including, but not limited to, 11 nurses, psychologists, marital and family therapists, mental 12 health counselors, physicians, physician assistants, attorneys 13 at law, or members of the clergy, from providing or advertising 14 that they provide services of a social work nature consistent 15 with the accepted standards of their respective professions, 16 provided that these persons do not use a title or description 17 indicating or implying that they are ileensed registered to 18 practice social work under this chapter or that they are 19 practicing social work as defined in this chapter. 20 Sec. 37. Section 154D.1, subsection 1, Code 2017, is amended 21 by striking the subsection and inserting in lieu thereof the 22 following: 23 1. Department- means the department of public health 24 established in chapter 135. 25 Sec. 38. Section 154D.1, subsections 2 and 3, Code 2017, are 26 amended to read as follows: 27 2. M&ieemse Registered marital and family therapist' means 28 a person 11eensed registered to practice marital and family 29 therapy under this chapter. 30 3. 4:ieenseQ Registered mental health counselor"' means a 31 person lieensed registered to practice mental health counseling 32 under ehapter 147 a this chapter. 33 Sec. 39. Section 154D.1, subsections 4, 7, 8, and 9, Code 34 2017, are amended by striking the subsections. 35 Sec. 40. NEW SECTION. 154D.1A Behavioral science LSB 1681XL (10) 87 -11- tr/rh 11/82 S. F. H. F. 1 registration. 2 A person shall register with the department in order to 3 provide services as a registered marital and family therapist 4 or a registered mental health counselor. 5 Sec. 41. Section 154D.4, Code 2017, is amended to read as 6 follows: 7 154D.4 Exemptions. 8 1. This chapter and chapter 147 do not prevent qualified 9 members of other professions, including but not limited to 10 nurses, psychologists, social workers, physicians, physician 11 assistants, attorneys at law, or members of the clergy, from 12 providing or advertising that they provide services of a 13 marital and family therapy or mental health counseling nature 14 consistent with the accepted standards of their respective 15 professions, but these persons shall not use a title or 16 description denoting that they are sensed registered marital 17 and family therapists or lieensed registered mental health 18 counselors. 19 2. The 11eensure registration requirements of this chapter 20 and chapter 147 do not apply to the following: 21 a. Students whose activities are conducted within a course 22 of professional education in marital and family therapy or 23 mental health counseling. 24 b. A person who practices marital and family therapy or 25 mental health counseling under the supervision of a person 26 lieensed registered under this chapter as part of a clinical 27 experience as described in section 154D.2, subsection 2. 28 c. The provision of children, family, or mental health 29 services through the department of human services or juvenile 30 court, or agencies contracting with the department of human 31 services or juvenile court, by persons who do not represent 32 themselves to be either a marital and family therapist or a 33 mental health counselor. 34 Sec. 42. Section 154F.1, subsection 2, Code 2017, is amended 35 to read as follows: LSB 1681XL (10) 87 -12- tr/rh 12/62 S. F. H. F. 1 2. Board- means the board of 2 medicine established pursuant to seetien 147.14, subs etien ' 3 paragregh -'�i= chapter 147. 4 Sec. 43. Section 154F.2, subsection 1, paragraph b, Code 5 2017, is amended by striking the paragraph. 6 Sec. 44. Section 154F.2, subsection 1, paragraph c, Code 7 2017, is amended to read as follows: 8 C. Students enrolled in an accredited college or university 9 pursuing a course of study leading to a degree in speech 10 pathology or audiology while receiving clinical training as a 11 part of the course of study and acting under the supervision 12 of a lieensed registered speech pathologist or audiologist 13 provided they use the title -trainee- or similar title clearly 14 indicating training status. 15 Sec. 45. Section 154F.2, subsection 2, Code 2017, is amended 16 to read as follows: 17 2. A person exempted from the provisions of this chapter by 18 this section shall not use the title speech pathologist- or 19 audiologist- or any title or device indicating or representing 20 in any manner that the person is a speech pathologist or is 21 an audiologist; provided, _ hearing ___ _r________ _________ 22 under chapter 154A may use the title -eertified heari" 23 aid audielegist- when granted by the nabienal hearing aid 24 seeiety, and previded, persons ..___ meet the requirements 25 e€ seetien 154F.3, subseetien 1, who are certified by the 26 department of education as speech clinicians may use the title 27 "speech pathologist- and persons who meet the __z_____.._____ 28 of seetien 154 ,.....seetien 2, who are certified by the 29 department of education as hearing clinicians may use the 30 title "audiologist", while acting within the scope of their 31 employment. 32 Sec. 46. NEW SECTION. 154F.2A Speech pathology and 33 audiology registration. 34 A person shall register with the board in order to provide 35 services as an audiologist or speech pathologist. LSB 1681XL (10) 87 -13- tr/rh 13/82 S. F. H. F. 1 Sec. 47. Section 156.1, subsections 1 and 6, Code 2017, are 2 amended by striking the subsections. 3 Sec. 48. Section 156.1, subsections 3, 4, and 5, Code 2017, 4 are amended to read as follows: 5 3. Cremation establishment` means a place of business as, 6 defined by the beard_ which provides any aspect of cremation 7 services. 8 4. Funeral director" means a person 11eensed—by registered 9 with the beard department to practice mortuary science. 10 5. Funeral establishment" means a place of business 11 as defined by the beafd devoted to providing any aspect of 12 mortuary science. 13 Sec. 49. Section 156.1, Code 2017, is amended by adding the 14 following new subsection: 15 NEW SUBSECTION. 3A. Department- means the department of 16 public health established in chapter 135. 17 Sec. 50. Section 156.4, Code 2017, is amended to read as 18 follows: 19 156.4 Funeral directors. 20 1. The practice of a funeral director must be conducted 21 from a funeral establishment 11eensed by the beard. The beard 22 may speeify eriteria fer emeeptlens to the requirement of this 23 subseetion in rules. 24 2. A person shall not engage in the practice of mortuary 25 science or establish, conduct, or maintain a funeral 26 establishment or a cremation establishment unless wed 27 registered with the department. by the 30 beard 31 4. Applieants shall pass an examinatien preseribed by the 32 beard, L L shall inelude t bjeets funeral nl d Y_.•. D L ••,/ 33 burial er ether dispesiblen ef dead human bedies, sanitary 34 seienee, embalming, resterative art, anatemy, publie ___--_-, 35 transpertat}en, business ethies, and such ether subj. ets as the LSB 1681XL (10) 87 -14- tr/rh 14/82 S. F. H. F. 1 beard Rtay designate. 2 5. After the applicant has completed satisfaeterily 3n_� d_;d 4 sehee! appreved by the beard, the applieant must pass the 5 examination prescribed by the beard as provided in geetien 6 147.34. The applieant may then reeeive an internship. 7 --- --- --- and sofa-- hen ----p---- - - - - - - - -- 8 internship as deterfained by the beard. 9 Sec. 51. Section 157.2, subsection 1, paragraph b, Code 10 2017, is amended by striking the paragraph. 11 Sec. 52. Section 157.2, subsection 1, paragraph h, Code 12 2017, is amended to read as follows: 13 h. Employees of a lieensed barbershop when manicuring 14 fingernails, if permitted under seetien 158.14, subsection 2. 15 Sec. 53. Section 157.7, Code 2017, is amended to read as 16 follows: 17 157.7 Inspectors and clerical assistants. 18 The department of inspections and appeals shall employ 19 personnel pursuant to chapter 8A, subchapter IV, to perform 20 duties related to inspection functions under this chapter. 21 The department ef inspeetions and appeals shall, when 22 pessible, - inspeetien--fort- under this - -p-- with 24 The Iowa department of public health may employ clerical 25 assistants pursuant to chapter 8A, subchapter IV, to administer 26 and enforce this chapter. The costs and expenses of the 27 clerical assistants shall be paid from funds appropriated to 28 the department of public health. 29 Sec. 54. Section 157.8, subsection 2, paragraph c, Code 30 2017, is amended to read as follows: 31 C. A license for a school of cosmetology arts and sciences 32 shall not be issued for any space in any location where the 33 same space is also licensed as a barber school. 34 Sec. 55. Section 157.9, Code 2017, is amended to read as 35 follows: LSB 1681XL (10) 87 -15- tr/rh I',A32 S. F. H. F. 1 157.9 License suspension and revocation. 2 Any license issued by the department under the provisions 3 of this chapter may be suspended, revoked, or renewal denied 4 by the board for violation of any provision of this chapter 5 or ehapter 15& or rules promulgated by the board under the 6 provisions of chapter 17A. 7 Sec. 56. Section 157.10, subsection 3, Code 2017, is amended 8 to read as follows: 9 3. A barber 11eensed under ehapber 158 or a student in 10 a barber school who applies for licensure in a practice of 11 cosmetology arts and sciences or who enrolls in a school 12 of cosmetology arts and sciences shall be granted, at the 13 discretion of the school, at least half credit and up to full 14 credit for each course successfully completed `x yr lieensure 15 as a barber in barbering which meets the requirements for 16 licensure in a practice of cosmetology arts and sciences. 17 Sec. 57. Section 157.12, Code 2017, is amended to read as 18 follows: 19 157.12 Supervisors. 20 A person who directly supervises the work of practitioners 21 of cosmetology arts and sciences shall be licensed in the 22 practice supervised er a barber lieensed under seetien 158.3 23 Sec. 58. Section 157.13, subsection 1, unnumbered paragraph 24 1, Code 2017, is amended to read as follows: 25 It is unlawful for a person to employ an individual to 26 practice cosmetology arts and sciences unless that individual 27 is licensed or has obtained a temporary permit under this 28 chapter. It is unlawful for a licensee to practice with or 29 without compensation in any place other than a licensed salon -r 30 or a licensed school of cosmetology arts and sciences, or 31 lieensed barbershop as defined in Beetle- 158.1. The following 32 exceptions to this subsection shall apply: 33 Sec. 59. Section 157.13, subsection 1, paragraph a, Code 34 2017, is amended to read as follows: 35 a. A licensee may practice at a location which is not a LSB 1681XL (10) 87 -16- tr/rh 1682 S. F. H. F. 1 licensed salon -r or school of cosmetology arts and sciences, er 2 lieensed barbershep under extenuating circumstances arising 3 from physical or mental disability or death of a customer. 4 Sec. 60. Section 157.13, subsection 2, Code 2017, is amended 5 to read as follows: 6 2. It is unlawful for a licensee to claim to be a sensed 7 barber, however a licensed cosmetologist may work in a sensed 8 barbershop. It is unlawful for a person to employ a licensed 9 cosmetologist, esthetician, or electrologist to perform the 10 services described in section 157.3A if the licensee has not 11 received the additional training and met the other requirements 12 specified in section 157.3A. 13 Sec. 61. Section 216E.7, Code 2017, is amended to read as 14 follows: 15 216E.7 Exemptions. 16 This chapter does not apply to a hearing aid sold, leased, or 17 transferred to a consumer by an audiologist licensed registered 18 under chapter 154F 19 chapter 154A, if the audiologist or speeialist provides either 20 an express warranty for the hearing aid or provides for service 21 and replacement of the hearing aid. 22 Sec. 62. Section 249A.15A, Code 2017, is amended to read as 23 follows: 24 249A.15A Licensed Registered marital and family therapists, 25 registered social workers, licensed registered 26 mental health counselors, and certified alcohol and drug 27 counselors. 28 1. The department shall adopt rules pursuant to chapter 29 17A entitling marital and family therapists who are licensed 30 registered pursuant to chapter 154D to payment for behavioral 31 health services provided to recipients of medical assistance, 32 subject to limitations and exclusions the department finds 33 necessary on the basis of federal laws and regulations. 34 2. The department shall adopt rules pursuant to chapter 35 17A entitling master social workers who L_" _ master's degree LSB 1681XL (10) 87 -17- tr/rh 17/82 S. F. H. F. 1 approved by the beard ef seelal work, are "lieensed as a master 2 seeialwerker registered pursuant to section 1540.3, subsection 3 , 154C.1A and provide treatment services under 4 the supervision of an independent social worker lieensed 5 �, to 6 payment for behavioral health services provided to recipients 7 of medical assistance, subject to limitations and exclusions 8 the department finds necessary on the basis of federal laws and 9 regulations. 10 3. The department shall adopt rules pursuant to chapter 17A 11 entitling mental health counselors who are lieenged registered 12 pursuant to chapter 154D to payment for behavioral health 13 services provided to recipients of medical assistance, subject 14 to limitations and exclusions the department finds necessary on 15 the basis of federal laws and regulations. 16 4. The department shall adopt rules pursuant to chapter 17A 17 entitling alcohol and drug counselors who are certified by the 18 nongovernmental Iowa board of substance abuse certification to 19 payment for behavioral health services provided to recipients 20 of medical assistance, subject to limitations and exclusions 21 the department finds necessary on the basis of federal laws and 22 regulations. 23 Sec. 63. Section 249A.15B, Code 2017, is amended to read as 24 follows: 25 249A.15B Speech pathologists eligible for payment. 26 The department shall adopt rules pursuant to chapter 17A 27 entitling speech pathologists who are liee„eed registered 28 pursuant to chapter 154F, ineluding __.-_--_____ied in 29 '_-'__penden`_ praetiee, to payment for speech pathology services 30 provided to recipients of medical assistance, subject to 31 limitations and exclusions the department finds necessary on 32 the basis of federal laws and regulations. 33 Sec. 64. Section 261.61, subsections 2, 5, and 9, Code 2017, 34 are amended to read as follows: 35 2. All classes identified by the barber school or school LSB 1681XL (10) 87 -18- tr/rh 1882 S. F. H. F. 1 of cosmetology arts and sciences as required for completion 2 of a course of study required for practice as a barber or 3 for licensure 4 '__�---nsu_= as provided in section 157.10, shall be considered 5 a part of the student's barber or cosmetology course of study 6 for the purpose of determining the students eligibility for a 7 grant. Notwithstanding subsection 3, if a student is making 8 satisfactory academic progress but the student cannot complete 9 the course of study in the time frame allowed for a student 10 to receive a barber and cosmetology arts and sciences tuition 11 grant as provided in subsection 3 because additional classes 12 are required to complete the course of study, the student may 13 continue to receive a barber and cosmetology arts and sciences 14 tuition grant for not more than one additional enrollment 15 period. 16 5. A barber and cosmetology arts and sciences tuition grant 17 shall be awarded on an annual basis, requiring reapplication 18 by the student for each year. Payments under the grant shall 19 be allocated equally among the semesters or quarters of the 20 year upon certification by the institution that the student is 21 in full-time or part-time attendance in a course of study at a 22 licensed barber school or licensed school of cosmetology arts 23 and sciences. If the student discontinues attendance before 24 the end of any term after receiving payment of the grant, the 25 entire amount of any refund due that student, up to the amount 26 of any payments made under the annual grant, shall be paid by 27 the institution to the state. 28 9. For purposes of this section, -eligible school- means 29 a barber school lieensed under seet -- "158r4 or a school of 30 cosmetology arts and sciences licensed under chapter 157. An 31 eligible school shall be accredited by a national accrediting 32 agency recognized by the United States department of education 33 and shall meet the criteria in section 261.9, subsection 1, 34 paragraphs 'd' through 'g". An eligible school shall report 35 promptly to the commission any information requested. LSB 1681XL (10) 87 -19- tr/rh 19/82 S. F. H. F. 1 Sec. 65. Section 261.61, subsection 7, paragraph a, Code 2 2017, is amended to read as follows: 3 a. Provide application forms for distribution to students by 4 Iowa high schools, lieensed barber schools and licensed schools 5 of cosmetology arts and sciences, and community colleges. 6 Sec. 66. Section 261B.11, subsection 1, paragraph i, Code 7 2017, is amended to read as follows: 8 i. Postsecondary educational institutions licensed by 9 the state of Iowa under section 157.8—er 158.7 to operate as 10 schools of cosmetology arts and sciences er as barber seheela 11 in the state. 12 Sec. 67. Section 2618.11, subsection 1, paragraph m, Code 13 2017, is amended by striking the paragraph. 14 Sec. 68. Section 272.1, Code 2017, is amended by adding the 15 following new subsections: 16 NEW SUBSECTION, 1A. Athletic trainer- means a person 17 registered under this chapter to practice athletic training 18 under the direction of a licensed physician. 19 NEW SUBSECTION. 1B. Athletic training means the practice 20 of prevention, recognition, assessment, physical evaluation, 21 management, treatment, disposition, and physical reconditioning 22 of athletic injuries that are within the professional 23 preparation and education of a registered athletic trainer and 24 under the direction of a licensed physician. The term athletic 25 training- includes the organization and administration of 26 educational programs and athletic facilities, and the education 27 and counseling of the public on matters relating to athletic 28 training. 29 Sec. 69. Section 272.2, subsection 10, Code 2017, is amended 30 to read as follows: 31 10. Issue statements of professional recognition to 32 school service personnel who have attained a minimum of 33 a baccalaureate degree and who are licensed by another 34 professional licensing board, ineluding but not limited te 35 athlebie trainers ileensed under ehapter 152-9. LSH 1681XL (10) 87 -20- tr/rh 20/62 S. F. H. F. 1 Sec. 70. NEW SECTION. 272.32 Athletic training 2 registration. 3 A person shall register with the department in order to 4 practice as an athletic trainer. 5 Sec. 71. Section 272C.1, subsection 6, paragraphs g, k, 6 u, v, z, aa, and ab, Code 2017, are amended by striking the 7 paragraphs. 8 Sec. 72. Section 272C.3, subsection 2, paragraph a, Code 9 2017, is amended to read as follows: 10 a. Revoke a license, or suspend a license either until 11 further order of the board or for a specified period, upon any 12 of the grounds specified in section 100D.5, 105.22, 147.55, 13 148.6, 148B.7, 152.10, 153.34,4A.24, 169.13, 455B.219, 14 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 602.3203 or 15 chapter 151 or 155, as applicable, or upon any other grounds 16 specifically provided for in this chapter for revocation of 17 the license of a licensee subject to the jurisdiction of 18 that board, or upon failure of the licensee to comply with a 19 decision of the board imposing licensee discipline. 20 Sec. 73. Section 272C.4, subsection 6, Code 2017, is amended 21 to read as follows: 22 6. Define by rule acts or omissions that are grounds for 23 revocation or suspension of a license under section 100D.5, 24 105.22, 147.55, 148.6, 148B.7, 152.10, 153.34, 154A.24, 169.13, 25 455B.219, 542.10, 542B.21, 543B.29, 544A.13, 544B.15, or 26 602.3203 or chapter 151 or 155, as applicable, and to define 27 by rule acts or omissions that constitute negligence, careless 28 acts, or omissions within the meaning of section 272C.3, 29 subsection 2, paragraph -b', which licensees are required to 30 report to the board pursuant to section 272C.9, subsection 2. 31 Sec. 74. Section 272C.5, subsection 2, paragraph c, Code 32 2017, is amended to read as follows: 33 C. Shall state whether the procedures are an alternative 34 to or an addition to the procedures stated in sections 100D.5, 35 105.23, 105.24, 148.6 through 148.9, 152.10, 152.11, 153.33, LSB 1681XL (10) 87 -21- tr/rh 21/82 S. F. H. F. 1 '_`_4A.23.^'_, 542.11, 542B.22, 543B.35, 543B.36, and 544B.16. 2 Sec. 75. Section 272C.6, subsection 6, paragraph a, Code 3 2017, is amended to read as follows: 4 a. A board created pursuant to chapter 147, 154A, 155, 5 169, 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not 6 to exceed seventy-five dollars for conducting a disciplinary 7 hearing pursuant to this chapter which results in disciplinary 8 action taken against the licensee by the board, and in addition 9 to the fee, may recover from a licensee the costs for the 10 following procedures and associated personnel: 11 (1) Transcript. 12 (2) Witness fees and expenses. 13 (3) Depositions. 14 (4) Medical examination fees incurred relating to a person 15 licensed under chapter 147, 154Ar 155, or 169. 16 Sec. 76. Section 273.2, subsection 7, Code 2017, is amended 17 to read as follows: 18 7. The board of an area education agency or a consortium 19 of two or more area education agencies shall contract with 20 one or more '__---n-e-__'_ registered dietitians for the support of 21 nutritional provisions in individual education plans developed 22 in accordance with chapter 256B and to provide information to 23 support school nutrition coordinators. 24 Sec. 77. Section 280.13C, subsection 4, paragraph b, Code 25 2017, is amended to read as follows: 26 b. Licensed health care provider- means a physician, 27 physician assistant, chiropractor, advanced registered nurse 28 practitioner, nurse, or physical therapist, er at`__et_e train-_ 29 licensed by a board designated under section 147.13. 30 Sec. 78. Section 331.608, subsection 6, paragraph c, Code 31 2017, is amended to read as follows: 32 c, To a person who is a funeral director mea registered 33 pursuant to chapter 156 and who has custody of the body of a 34 deceased veteran. 35 Sec. 79. Section 423.2, subsection 6, paragraph a, Code LSB 1681XL (10) 87 -22- tr/rh 22/82 S. F. H. F. 1 2017, is amended to read as follows: 2 a. The sales price of any of the following enumerated 3 services is subject to the tax imposed by subsection 4 5: alteration and garment repair; armored car; vehicle repair; 5 battery, tire, and allied; investment counseling; service 6 charges of all financial institutions; barber and beauty; boat 7 repair; vehicle wash and wax; campgrounds; carpentry; roof, 8 shingle, and glass repair; dance schools and dance studios; 9 dating services; dry cleaning, pressing, dyeing, and laundering 10 excluding the use of self -pay washers and dryers; electrical 11 and electronic repair and installation; excavating and 12 grading; farm implement repair of all kinds; flying service; 13 furniture, rug, carpet, and upholstery repair and cleaning; fur 14 storage and repair; golf and country clubs and all commercial 15 recreation; gun and camera repair; house and building moving; 16 household appliance, television, and radio repair; janitorial 17 and building maintenance or cleaning; jewelry and watch 18 repair; lawn care, landscaping, and tree trimming and removal; 19 limousine service, including driver; machine operator; machine 20 repair of all kinds; motor repair; motorcycle, scooter, and 21 bicycle repair; oilers and lubricators; office and business 22 machine repair; painting, papering, and interior decorating; 23 parking facilities; pay television; pet grooming; pipe 24 fitting and plumbing; wood preparation; executive search 25 agencies; private employment agencies, excluding services 26 for placing a person in employment where the principal place 27 of employment of that person is to be located outside of the 28 state; reflexology; security and detective services, excluding 29 private security and detective services furnished by a peace 30 officer with the knowledge and consent of the chief executive 31 officer of the peace officers law enforcement agency; sewage 32 services for nonresidential commercial operations; sewing 33 and stitching; shoe repair and shoeshine; sign construction 34 and installation; storage of household goods, mini -storage, 35 and warehousing of raw agricultural products; swimming pool LSB 1681XL (10) 87 -23- tr/rh 23/82 S. F. H. F. 1 cleaning and maintenance; tanning beds or salons; taxidermy 2 services; telephone answering service; test laboratories, 3 including mobile testing laboratories and field testing by 4 testing laboratories, and excluding tests on humans or animals 5 and excluding environmental testing services; termite, bug, 6 roach, and pest eradicators; tin and sheet metal repair; 7 transportation service consisting of the rental of recreational 8 vehicles or recreational boats, or the rental of vehicles 9 subject to registration which are registered for a gross 10 weight of thirteen tons or less for a period of sixty days or 11 less, or the rental of aircraft for a period of sixty days or 12 less; Turkish baths, massage, and reducing salons; exelu-ding 13 serviees provided by message therapists 11eensed under chapter 14 152E; water conditioning and softening; weighing; welding; 15 well drilling; wrapping, packing, and packaging of merchandise 16 other than processed meat, fish, fowl, and vegetables; wrecking 17 service; wrecker and towing. 18 Sec. 80. Section 489.1101, subsection 4, Code 2017, is 19 amended to read as follows: 20 4. Profession"' means the profession of certified public 21 accountancy, architecture, chiropractic, dentistry, physical 22 therapy, practice as a physician assistant, psychology, 23 professional engineering, land surveying, landscape 24 architecture, law, medicine and surgery, optometry, osteopathic 25 medicine and surgery, accounting practitioner, podiatry, real 26 estate brokerage, veterinary 27 medicine, pharmacy, or nursing, er marital and family therapy, 28 provided that the m.-aZzi-m-al -and family therapist is lieensed 29 . 30 Sec. 81. Section 496C.2, subsection 4, Code 2017, is amended 31 to read as follows: 32 4. Profession means the profession of certified public 33 accountancy, architecture, chiropractic, dentistry, physical 34 therapy, practice as a physician assistant, psychology, 35 professional engineering, land surveying, landscape LSB 1681XL (10) 87 -24- tr/rh 24/62 S. F. H. F. 1 architecture, law, medicine and surgery, optometry, osteopathic 2 medicine and surgery, accounting practitioner, podiatry, real 3 estate brokerage, speeeh pethelegy, auelieleqyT veterinary 4 medicine, pharmacy, and the practice of nursing. 5 Sec. 82. Section 514C.28, subsection 2, paragraph i, Code 6 2017, is amended to read as follows: 7 i. -Therapeutic care- means services provided by a ;wed 8 registered speech pathologist, licensed occupational therapist, 9 or licensed physical therapist. 10 Sec. 83. Section 514C.28, subsection 2, paragraph j, 11 subparagraph (1), Code 2017, is amended to read as follows: 12 (1) Prescribed, ordered, or provided by a licensed 13 physician, licensed physician assistant, licensed psychologist, 14 1leensed ---d-' werke- or licensed registered nurse 15 practitioner. 16 Sec. 84. Section 514C.30, subsection 1, Code 2017, is 17 amended to read as follows: 18 1. Notwithstanding the uniformity of treatment requirements 19 of section 514C.6, a policy, contract, or plan providing 20 for third -party payment or prepayment of health or medical 21 expenses shall not impose a copayment or coinsurance amount 22 on an insured for services provided by a physical therapist 23 licensed pursuant to chapter 148A, by an occupational therapist 24 licensed pursuant to chapter 148B, or by a speech pathologist 25___=-__'_ registered pursuant to chapter 154F that is greater 26 than the copayment or coinsurance amount imposed on the insured 27 for services provided by a person engaged in the practice of 28 medicine and surgery or osteopathic medicine and surgery under 29 chapter 148 for the same or a similar diagnosed condition even 30 if a different nomenclature is used to describe the condition 31 for which the services are provided. 32 Sec. 85. Section 523A.302, Code 2017, is amended to read as 33 follows: 34 523A.302 Identification of merchandise and service provider. 35 If a burial trust fund identifies, either in the trust fund LSB 1681XL (10) 87 -25- tr/rh 25/82 S. F. H. F. 1 records or in a related purchase agreement, the seller who will 2 provide the cemetery merchandise, funeral merchandise, funeral 3 services, or a combination thereof, the trust fund records 4 or the related purchase agreements must contain a statement 5 signed by an authorized representative of the seller agreeing 6 to furnish the cemetery merchandise, funeral merchandise, 7 funeral services, or a combination thereof upon the death of 8 the beneficiary. The burial trust fund shall not identify a 9 specific seller as payee unless the trust fund records or the 10 related purchase agreements, if any, contain the signature 11 of an authorized representative of the seller and, if the 12 agreement is for mortuary science services as mortuary science 13 is defined in section 156.1, the name of a funeral director 14 sensed registered to deliver those services. A person 15 may enter into agreements authorizing the establishment of 16 more than one burial trust fund and agreeing to furnish the 17 applicable merchandise and services. 18 Sec. 86. Section 523A.502, subsections 2 and 6, Code 2017, 19 are amended to read as follows: 20 2. This chapter does not permit a person to practice 21 mortuary science without a ieense registering pursuant to 22 chapter 156. A person holding a current sales license may 23 advertise, sell, promote, or offer to furnish a funeral 24 director's services as an employee or agent of a funeral 25 establishment furnishing the funeral services under chapter 26 156. 27 6. A sales agent licensed pursuant to this section shall 28 satisfactorily fulfill continuing education requirements 29 for the license as prescribed by the commissioner by rule. 30 However, this continuing education requirement is not 31 applicable to a sales agent who is also a licensed insurance 32 producer under chapter 522B er a l eensed funeral direeter 33 under ehapter 156 . 34 Sec. 87. Section 523A.601, subsection 4, Code 2017, is 35 amended to read as follows: LSB 1681XL (10) 87 -26- tr/rh 2682 S. F. H. F. 1 4. A purchase agreement shall be signed by the purchaser, 2 the seller, and if the agreement is for mortuary science 3 services as mortuary science is defined in section 156.1, a 4 person neensea registered to deliver funeral services. 5 Sec. 88. Section 523A.813, Code 2017, is amended to read as 6 follows: 7 523A.813 License revocation — recommendation by commissioner 8 to board of mortuary science. 9 Upon a determination by the commissioner that grounds exist 10 for an administrative license revocation or suspension action 11 as adopted by the board of mert-ar, under ehapter 12 1-5-6 department of public health by rule, the commissioner 13 may forward to the beard department the grounds for the 14 determination, including all evidence in the possession of the 15 commissioner, so that the beard department may proceed with the 16 matter as deemed appropriate. 17 Sec. 89. Section 523I.303, Code 2017, is amended to read as 18 follows: 19 5232.303 Access by funeral directors. 20 A cemetery shall not deny access to a neem registered 21 funeral director who is conducting funeral services or 22 supervising the interment or disinterment of human remains. 23 Sec. 90. Section 546.10, subsection 1, paragraph f, Code 24 2017, is amended by striking the paragraph. 25 Sec. 91. Section 546.10, subsection 5, Code 2017, is amended 26 to read as follows: 27 5. Fees collected under chapters 542, 542B, 543B, 544A, 28 and 544n, and 544G shall be paid to the treasurer of state 29 and credited to the general fund of the state. All expenses 30 required in the discharge of the duties and responsibilities 31 imposed upon the professional licensing and regulation bureau 32 of the banking division of the department of commerce, the 33 administrator, and the licensing boards by the laws of this 34 state shall be paid from moneys appropriated by the general 35 assembly for those purposes. All fees deposited into the LSB 1681XL (10) 87 -27- tr/rh 27/82 S. F. H. F. 1 general fund of the state, as provided in this subsection, 2 shall be subject to the requirements of section 8.60. 3 Sec. 92. Section 622.10, subsection 7, Code 2017, is amended 4 to read as follows: 5 7. For the purposes of this section, mental health 6 professional- means a psychologist licensed under chapter 154B, 7 a registered nurse licensed under chapter 152, a social worker 8 lieensed registered under chapter 154C, a marital and family 9 therapist licensed registered under chapter 154D, a mental 10 health counselor sensed registered under chapter 154D, or 11 an individual holding at least a master's degree in a related 12 field as deemed appropriate by the L___d of behayL_-_, __,____ 13 department of public health. 14 Sec. 93. Section 714.18, subsection 2, unnumbered paragraph 15 1, Code 2017, is amended to read as follows: 16 A school licensed under the provisions of section 157.8 et - 17 t17 158.E shall file with the college student aid commission the 18 following: 19 Sec. 94. Section 714.25, subsection 2, unnumbered paragraph 20 1, Code 2017, is amended to read as follows: 21 A proprietary school shall, prior to the time a student is 22 obligated for payment of any moneys, inform the student, the 23 college student aid commission, and in the case of a school 24 licensed under section 157.8, the board of cosmetology arts 25 and sciences or in the ease ef - aches licensed tinder seet en 26 of all of the following: 27 Sec. 95. Section 714H.4, subsection 1, paragraph a, 28 subparagraph (4), Code 2017, is amended to read as follows: 29 (4) Persons or facilities licensed, certified, or 30 registered under chapters 135B, 135C, 135J, 148, 148A, 148B, 31 148C, 149, 151, 152, 152A, 152B, 153, 154, 154B, 154C, 154D, 32 155A, 156, 169, 522B, 542, 542B, 543B, 544A, or 544B. 33 Sec. 96. Section 915.82, subsection 1, paragraph a, 34 subparagraph (7), Code 2017, is amended to read as follows: 35 (7) A person licensed or registered pursuant to chapter 154B LSB 1681XL (10) 87 -28- tr/rh 28/82 S. F. H. F. 1 or 154C. 2 Sec. 97. REPEAL. Chapters 148F, 148G, 152B, 152C, 152D, 3 154A, 158, and 544C, Code 2017, are repealed. 4 Sec. 98. REPEAL. Sections 154C.2, 154C.3, 154C.4, 154C.5, 5 154C.6, 154D.2, 154D.3, 154D.5, 154D.7, 154F.3, 154F.4, 154F.5, 6 154F.6, 156.3, 156.8, 156.8A, 156.9, 156.14, 156.15, 156.16, 7 216E.7, and 272C.2B, Code 2017, are repealed. 8 Sec. 99. TRANSITION PROVISIONS. 9 1. Any rule, regulation, form, order, or directive 10 promulgated by the board of dietetics, behavioral science, 11 social work, or mortuary science as required to administer and 12 enforce the provisions of chapters 152A, 154C, 154D, and 156, 13 Code 2017, in effect on the effective date of this division 14 of this Act shall continue in full force and effect until 15 amended, repealed, or supplemented by affirmative action of the 16 department of public health. 17 2. Any moneys remaining in any account or fund under the 18 control of the board of dietetics, the board of behavioral 19 science, the board of social work, or the board of mortuary 20 science on the effective date of this division of this Act 21 and relating to the provisions of this division of this Act 22 shall be transferred to a comparable fund or account under the 23 control of the department of public health for such purposes. 24 Notwithstanding section 8.33, the moneys transferred in 25 accordance with this subsection shall not revert to the account 26 or fund from which appropriated or transferred. 27 3. The board of dietetics, the board of behavioral science, 28 the board of social work, and the board of mortuary science 29 shall assist the department of public health in implementing 30 this division of this Act by providing for an effective 31 transition of powers and duties from the respective board to 32 the department under chapters 152A, 154C, 154D, and 156 and 33 related administrative rules. Such assistance shall include 34 but is not limited to assisting in cooperating with federal 35 agencies. LSE 1681XL (10) 87 -29- tr/rh 29/82 S. F. H. F. 1 4. Any replacement of signs, logos, stationery, insignia, 2 uniforms, and related items that is made due to the effect of 3 this division of this Act shall be done as part of the normal 4 replacement cycle for such items. 5 5. A person licensed by the board of dietetics, behavioral 6 science, social work, or mortuary science on the effective date 7 of this division of this Act shall immediately be registered to 8 practice the persons profession by the department of public 9 health in accordance with this division of this Act. 10 6. An administrative hearing or court proceeding arising 11 out of an enforcement action under chapter 152A, 154C, 154D, or 12 156 or related administrative rules pending on the effective 13 date of this division of this Act shall not be affected by 14 this division of this Act. Any cause of action or statute 15 of limitation relating to an action taken by the board of 16 dietetics, the board of behavioral science, the board of social 17 work, or the board of mortuary science shall not be affected by 18 this division of this Act and such cause of action or statute 19 of limitation shall apply to the department of public health. 20 7. Any moneys remaining in any account or fund under the 21 control of the board of respiratory care and polysomnography, 22 the board of massage therapy, the board of hearing aid 23 specialists, the board of barbering, or the interior design 24 examining board on the effective date of this division of this 25 Act and relating to the provisions of this division of this Act 26 shall be transferred to the general fund. 27 S. An administrative hearing or court proceeding arising 28 out of an enforcement action under chapter 148F, 148G, 152B, 29 152C, 154A, or 158 or related administrative rules pending on 30 the effective date of this division of this Act shall not be 31 affected by this division of this Act. Any cause of action or 32 statute of limitation relating to an action taken by the board 33 of respiratory care and polysomnography, the board of massage 34 therapy, the board of hearing aid specialists, the board of 35 barbering, or the interior design examining board shall not be LSB 1681XL (10) 87 -30- tr/rh 30/82 S.F. H. F. 1 affected by this division of this Act. 2 9. Any rule, regulation, form, order, or directive 3 promulgated by the board of athletic training as required to 4 administer and enforce the provisions of chapter 152D, Code 5 2017, shall continue in full force and effect until amended, 6 repealed, or supplemented by affirmative action of the board of 7 educational examiners. 8 10. Any moneys remaining in any account or fund under the 9 control of the board of athletic training on the effective date 10 of this division of this Act and relating to the provisions of 11 this division of this Act shall be transferred to a comparable 12 fund or account under the control of the board of educational 13 examiners for such purposes. Notwithstanding section 8.33, the 14 moneys transferred in accordance with this subsection shall 15 not revert to the account or fund from which appropriated or 16 transferred. 17 11. The board of athletic training shall assist the board 18 of educational examiners in implementing this division of 19 this Act by providing for an effective transition of powers 20 and duties between the boards under chapter 152D and related 21 administrative rules. Such assistance shall include but is not 22 limited to assisting in cooperating with federal agencies. 23 12. A person licensed by the board of athletic training 24 on the effective date of this division of this Act shall 25 immediately be registered to practice the person's profession 26 by the board of educational examiners in accordance with this 27 division of this Act. 28 13. An administrative hearing or court proceeding arising 29 out of an enforcement action under chapter 152D or related 30 administrative rules pending on the effective date of this 31 division of this Act shall not be affected by this division 32 of this Act. Any cause of action or statute of limitation 33 relating to an action taken by the board of athletic training 34 shall not be affected by this division of this Act and such 35 cause of action or statute of limitation shall apply to the LSE 1681XL (10) 87 -31- tr/rh 31A2 S. P. H. F. 1 board of educational examiners. 2 14. Any rule, regulation, form, order, or directive 3 promulgated by the board of speech pathology and audiology as 4 required to administer and enforce the provisions of chapter 5 154F, Code 2017, shall continue in full force and effect until 6 amended, repealed, or supplemented by affirmative action of the 7 board of medicine. 8 15. Any moneys remaining in any account or fund under the 9 control of the board of speech pathology and audiology on the 10 effective date of this division of this Act and relating to the 11 provisions of this division of this Act shall be transferred 12 to a comparable fund or account under the control of the board 13 of medicine for such purposes. Notwithstanding section 8.33, 14 the moneys transferred in accordance with this subsection shall 15 not revert to the account or fund from which appropriated or 16 transferred. 17 16. The board of speech pathology and audiology shall 18 assist the board of medicine in implementing this division of 19 this Act by providing for an effective transition of powers 20 and duties between the boards under chapter 154F and related 21 administrative rules. Such assistance shall include but is not 22 limited to assisting in cooperating with federal agencies. 23 17. A person licensed by the board of speech pathology 24 and audiology on the effective date of this division of this 25 Act shall immediately be registered to practice the person's 26 profession by the board of medicine in accordance with this 27 division of this Act. 28 18. An administrative hearing or court proceeding arising 29 out of an enforcement action under chapter 152F or related 30 administrative rules pending on the effective date of this 31 division of this Act shall not be affected by this division 32 of this Act. Any cause of action or statute of limitation 33 relating to an action taken by the board of speech pathology 34 and audiology shall not be affected by this division of this 35 Act and such cause of action or statute of limitation shall LSB 1681XL (10) 87 -32- tr/rh 32/82 S. F. H. F. 1 apply to the board of medicine. 2 DIVISION III 3 REPEAL OF STATE ADVISORY BOARD FOR PRESERVES 4 Sec. 100. Section 455A.8, subsections 1 and 2, Code 2017, 5 are amended to read as follows: 6 1. a. The Brushy creek recreation trails advisory board 7 shall be organized within the department and shall be composed 8 of eine eight voting members and one ex officio nonvoting 9 member as follows: 10 (1) The director of the department or the director's 11 designee who shall serve as the nonvoting ex officio member. 12 (2) The park employee who is primarily responsible for 13 maintenance of the Brushy creek recreation area. 15 established under chapter ACCT+ 16 {4} Seven persons appointed by the natural resource 17 commission. 18 b. The director shall provide the natural resource 19 commission with nominations of prospective board members. 20 Each person appointed by the natural resource commission must 21 actively participate in recreational trail activities such 22 as hiking, bicycling, an equestrian sport, or a winter sport 23 at the Brushy creek recreation area. The [timate eight voting 24 members shall elect a chairperson at the board's first meeting 25 each year. 26 2. Each voting member of the board shall serve for terms 27 of three years, and shall be eligible for reappointment. A 28 vacancy on the board shall be filled for the remainder of the 29 original term. However, a vacancy in the membership slot 30 designated for the park employee shall be filled by the park 31 employee's successor, and the pefsen representing the state 32 advisefy board fer pfeserves shall serve at the pleasure ef the 33 beard. The department shall reimburse each member, other than 34 the director or the directors designee and the park employee, 35 for actual expenses incurred by the member in performance LSB 1681XL (10) 87 -33- tr/rh 33/82 S. F. H. F. 1 of the duties of the board. A majority of voting members 2 constitutes a quorum, and the affirmative vote of a majority 3 present is necessary for any action taken by the board, except 4 that a lesser number may adjourn a meeting. A vacancy in the 5 membership of the board does not impair the rights of a quorum 6 to exercise all rights and perform all duties of the board. 7 The board shall meet as required, but at least twice a year. 8 The board shall meet upon call of the chairperson, or upon 9 written request of three members of the board. Written notice 10 of the time and place of the meeting shall be given to each 11 member. 12 Sec. 101. Section 461A.42, subsection 1, paragraph a, Code 13 2017, is amended to read as follows: 14 a. A firearm or other weapon authorized for hunting may be 15 used in preserves or parts of preserves designated by the state 16 advisery beard an preserves at the request ef the commission. 17 Sec. 102. Section 465C.1, subsection 2, Code 2017, is 18 amended by striking the subsection. 19 Sec. 103. Section 465C.1, subsection 4, Code 2017, is 20 amended to read as follows: 21 4. "Dedication- means the allocation of an area as a 22 preserve by a public agency or by a private owner by written 23 stipulation in a form approved by the 24 preserves commission. 25 Sec. 104. Section 465C.9, Code 2017, is amended to read as 26 follows: 27 465C.9 Articles of dedication. 28 1. The public agency or private owner shall complete 29 articles of dedication on forms approved by the beard 30 commission. When the articles of dedication have been approved 31 by the governor, the beard commission shall record them with 32 the county recorder for the county or counties in which the 33 area is located. 34 2. The articles of dedication may contain restrictions 35 on development, sale, transfer, method of management, public LSB 1681XL (10) 87 -34- tr/rh 34/62 S.F. H. F. 1 access, and commercial or other use, and may contain such other 2 provisions as may be necessary to further the purposes of this 3 chapter. They may define the respective jurisdictions of the 4 owner or operating agency and the beard commission. They may 5 provide procedures to be applied in case of violation of the 6 dedication. They may recognize reversionary rights. They may 7 vary in provisions from one preserve to another in accordance 8 with differences in relative conditions. 9 Sec. 105. Section 465C.10, Code 2017, is amended to read as 10 follows: 11 465C.10 When dedicated as a preserve. 12 An area shall become a preserve when it has been approved by 13 the beard commission for dedication as a preserve, whether in 14 public or private ownership, formally dedicated as a preserve 15 within the system by a public agency or private owner and 16 designated by the governor as a preserve. 17 Sec. 106. Section 465C.11, Code 2017, is amended to read as 18 follows: 19 465C.11 Area held in trust. 20 1. An area designated as a preserve within the system is 21 hereby declared put to its highest, best, and most important 22 use for public benefit. 1t shall be held in trust and shall not 23 be alienated except to another public use upon a finding by the 24 beard commission of imperative and unavoidable public necessity 25 , the general assembly 26 by concurrent resolution, and the governor. The beard=s 27 commission's interest or interests in any area designated as a 28 preserve shall not be taken under the condemnation statutes of 29 this state without such a finding of imperative and unavoidable 30 public necessity by the beard commission, and with the 31 eensent ef theth- - the general assembly by concurrent 32 resolution, and the governor. 33 2. The beard commission, with the approval of the governor, 34 may enter into amendments to any articles of dedication upon 35 its finding that such amendment will not permit an impairment, LSH 1681XL (10) 87 -35- tr/rh 35/82 S. F. H. F. 1 disturbance, or development of the area inconsistent with the 2 purposes of this chapter. 3 3. Before the beard commission shall make a finding of 4 imperative and unavoidable public necessity, or shall enter 5 into any amendment to articles of dedication, it shall provide 6 notice of such proposal and opportunity for any person to be 7 heard. Such notice shall be published at least once in a 8 newspaper with a general circulation in the county or counties 9 wherein the area directly affected is situated, and mailed 10 within ten days of such published notice to all persons who 11 have requested notice of all such proposed actions. Each 12 notice shall set forth the substance of the proposed action and 13 describe, with or without legal description, the area affected, 14 and shall set forth a place and time not less than sixty days 15 thence for all persons desiring to be heard to have reasonable 16 opportunity to be heard prior to the finding of the beard 17 commission. 18 Sec. 107. REPEAL. Sections 465C.2, 465C.3, 465C.4, 465C.5, 19 465C.6, 465C.7, and 465C.8, Code 2017, are repealed. 20 Sec. 108. TRANSITION PROVISIONS. 21 1. Any rule, regulation, form, order, or directive 22 promulgated by the state advisory board for preserves as 23 required to administer and enforce the provisions of chapter 24 465C, Code 2017, shall continue in full force and effect until 25 amended, repealed, or supplemented by affirmative action of the 26 natural resource commission. 27 2. Any moneys remaining in any account or fund under the 28 control of the state advisory board for preserves on the 29 effective date of this division of this Act and relating 30 to the provisions of this division of this Act shall be 31 transferred to a comparable fund or account under the control 32 of the department of natural resources for such purposes. 33 Notwithstanding section 8.33, the moneys transferred in 34 accordance with this subsection shall not revert to the account 35 or fund from which appropriated or transferred. LSB 1681XL (10) 87 -36- tr/rh 36/82 S. F. H. F. 1 DIVISION IV 2 MERGING ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL 3 SYSTEMS BOARD — ADVISORY COUNCIL 4 Sec. 109. Section 100C.10, subsection 3, Code 2017, is 5 amended to read as follows: 6 3. The state fire marshal, or the state fire marshal's 7 designee, and the chairperson of the electrical examintnq 8 il 9 created in section 103.2 shall be nonvoting ex officio members 10 of the board. 11 Sec. 110. Section 103.1, subsections 1, 2, 3, 4, 7, 10, 17, 12 and 18, Code 2017, are amended to read as follows: 13 1. Apprentice electrician- means any person who, as such 14 person's principal occupation, is engaged in learning and 15 assisting in the installation, alteration, and repair of 16 electrical wiring, apparatus, and equipment as an employee of 17 a person licensed under this chapter, and who is licensed by 18 the beard department and is progressing toward completion of 19 an apprenticeship training program registered by the office 20 of apprenticeship of the United States department of labor. 21 For purposes of this chapter, persons who are not engaged in 22 the installation, alteration, or repair of electrical wiring, 23 apparatus, and equipment, either inside or outside buildings, 24 shall not be considered apprentice electricians. 25 2. �Bearo " -Council- means the electrical , 26 plumbing, and mechanical systems advisory council created under 27 section 103.2. 28 3. Class A journeyman electrician- means a person 29 having the necessary qualifications, training, experience, 30 and technical knowledge to wire for or install electrical 31 wiring, apparatus, and equipment and to supervise apprentice 32 electricians and who is licensed by the beams department. 33 4. -Class A master electrician- means a person having the 34 necessary qualifications, training, experience, and technical 35 knowledge to properly plan, lay out, and supervise the LSH 1681XL (10) 87 -37- tr/rh 37/82 S. F. H. F. 1 installation of electrical wiring, apparatus, and equipment for 2 light, heat, power, and other purposes and who is licensed by 3 the beard department. 4 7. Electrical contractor- means a person affiliated with 5 an electrical contracting firm or business who is, or who 6 employs a person who is, licensed by the beard department as 7 either a class A or class B master electrician and who is also 8 registered with the state of Iowa as a contractor pursuant to 9 chapter 91C. 10 10. Inspector- means a person certified as an electrical 11 inspector upon such reasonable conditions as may be adopted by 12 the beard department. The beard department may permit more 13 than one class of electrical inspector. 14 17. Special electrician- means a person having the 15 necessary qualifications, training, and experience in wiring 16 or installing special classes of electrical wiring, apparatus, 17 equipment, or installations which shall include irrigation 18 system wiring, disconnecting and reconnecting of existing air 19 conditioning and refrigeration, and sign installation and who 20 is licensed by the beard department. 21 18. -Unclassified person means any person, other than an 22 apprentice electrician or other person licensed under this 23 chapter, who, as such persons principal occupation, is engaged 24 in learning and assisting in the installation, alteration, and 25 repair of electrical wiring, apparatus, and equipment as an 26 employee of a person licensed under this chapter, and who is 27 licensed by the beard department as an unclassified person. 28 For purposes of this chapter, persons who are not engaged in 29 the installation, alteration, or repair of electrical wiring, 30 apparatus, and equipment, either inside or outside buildings, 31 shall not be considered unclassified persons. 32 Sec. 111. Section 103.1, Code 2017, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION. 6A. Department' means the department of 35 public safety created under chapter 80. LSB 1681XL (10) 87 -38- tr/rh 38/82 S.F. H. F. 1 Sec. 112. Section 103.2, Code 2017, is amended to read as 2 follows: 3 103.2 Electrical examining board, plumbing, and mechanical 4 systems advisory council created. 5 1. An electrical examining board, plumbing, and mechanical 6 systems advisory council is created within the division of 7 state fire marshal of the department of public safety. The 8 bea-ed council shall consist often ten voting members 9 appointed by the 10 department, all of whom shall be residents of this state. 11 2. The members shall be as follows: 12 a. g'we Four members shall be j_-____,_..___ _____________. 14 „_._Less_ bargaining agreement and _ net a member _f a pion 15 electricians licensed by the department. 16 b. 4Ve Four members shall be mast__ _,__L_:___ 17 e1ee11r0-3- eentraeters, O eellective bargaining agreement 19 20 21 a -master eleetrieian-whe is net! ries plumbers 22 licensed by the department under chapter 105. 23 C. One member shall be an eleetrieal inspe 24 eL Two members 25 eelleebive bargaining agreement and ene whe is net a 26 of a union, eaeh of whom shall net be a member of any of the 27 not 28 licensed as an electrician or a plumber and who shall represent 29 the general public. 30 e. One member _L..,, be the stat_ G]__- 31 representative of the state fire marsha 34 . 35 9. One member shall represent a publie utility. LSB 1681XL (10) 87 -39- tr/rh 39/82 S. F. H. F. 1 h. One member shall be an engineer licensed pursuant t -e 2 3 3. The public fnemi3ers ef the board shall be allowed to 4 partieipate in administrative, elerical, or fninisteri 5 7 eerreetne5s ef ththe answersr Professional associations or 8 societies composed of licensed electricians may recommend to 9 the gevereer department the names of potential beard council 10 members whose profession is representative of that association 11 or society. However, the geverner department is not bound 12 by the recommendations. A beard council member shall not 13 be required to be a member of any professional electrician 14 association or society. 15 Sec. 113. Section 103.3, subsections 1 and 2, Code 2017, are 16 amended to read as follows: 17 1. Appointments to the beam,ethan the state fire 18 marshal er a representative ef the state fire marshal's effiee, 19 council shall be for three-year staggered terms and shall 20 commence and end as provided by section 69.19. The gest 21 reeently appeinted state fire marshal, or a representative ef 22 the state fire—marshal'-s o€€iee, shall be appointed to the 23 beard en an ongoing basis. Vaeancies shall be filled fer the 24 tinexpired term by appeintment ef Che governer and shall: be 25 subjeet to senate eenfirmatien. Members shall serve no more 26 than three terms or nine years, whichever is least. 27 2. Members of the beard council are entitled to receive 28 all actual expenses incurred in the discharge of their duties 29 within the limits of funds appropriated to the beard. Eae= 30 council but 31 shall serve without compensation as previded in seetiefr7F6. 32 Sec. 114. Section 103.3, subsection 3, Code 2017, is amended 33 by striking the subsection. 34 Sec. 115. Section 103.4, Code 2017, is amended to read as 35 follows: LSB 1681XL (10) 87 -40- tr/rh 40/82 S. F. H. F. 1 103.4 Organization of the beard council. 2 The beard council shall elect annually from its members a 3 chairperson and a vice chairperson, and shall hire and previde 4 staff to assist tate beard in administering this ehapti -. An 5 executive secretary designated by the beard council shall 6 report to the state fire marshal for purposes of routine 7 beard council administrative functions, and shall repert 8 direebly be the beard for purposes of esteetibien ef beard peliey 9 10 applieabiens. The beard council shall hold at least one 11 meeting quarterly at the location of the bears departments 12 principal office, and meetings shall be called at other times 13 by the chairperson or four members of the beard council. 14 At any meeting of the beard council, a majority of members 15 constitutes a quorum. 16 Sec. 116. Section 103.6, Code 2017, is amended to read as 17 follows: 18 103.6 Powers and duties. 19 1. The beard department shall: 20 a. Adopt rules pursuant to chapter 17A and in doing so 21 shall be governed by the minimum standards set forth in the 22 most current publication of the national electrical code issued 23 and adopted by the national fire protection association, and 24 amendments to the code, which code and amendments shall be 25 filed in the offices of the state law library and the beard 26 department and shall be a public record. The beard department 27 shall adopt rules reflecting updates to the code and amendments 28 to the code. The beard department shall promulgate and adopt 29 rules establishing wiring standards that protect public safety 30 and health and property and that apply to all electrical wiring 31 which is installed subject to this chapter. 32 b. Revoke, suspend, or refuse to renew any license granted 33 pursuant to this chapter when the licensee does any of the 34 following: 35 (1) Fails or refuses to pay any examination, license, or LSB 1681XL (10) 87 -41- tr/rh 41/82 S. F. H. F. 1 renewal fee required by law. 2 (2) is an electrical contractor and fails or refuses to 3 provide and keep in force a public liability insurance policy 4 and surety bond as required by the beard department. 5 (3) Violates any political subdivision's inspection 6 ordinances. 7 C. Adopt rules for continuing education requirements for 8 each classification of licensure established pursuant to this 9 chapter, and adopt all rules, not inconsistent with the law, 10 necessary for the proper performance of the duties of the beard 11 department. 12 d. Provide for the amount and collection of fees for 13 inspection and other services. 14 e. Adopt all rules necessary to carry out the licensing and 15 other provisions of chapter 105. 16 2. The beard department may, in its discretion, revoke, 17 suspend, or refuse to renew any license granted pursuant to 18 this chapter when the licensee violates any provision of the 19 national electrical code as adopted pursuant to subsection 1, 20 this chapter, or any rule adopted pursuant to this chapter. 21 3. The department shall seek input as needed from the 22 council to address the duties of the department as set forth in 23 this section. 24 Sec. 117. Section 103.7, Code 2017, is amended to read as 25 follows: 26 103.7 Electrician and installer licensing and inspection 27 fund. 28 An electrician and installer licensing and inspection fund 29 is created in the state treasury as a separate fund under the 30 control of the beard department. All licensing, examination, 31 renewal, and inspection fees shall be deposited into the fund 32 and retained by and for the use of the beard department in 33 administering this chapter and chapter 105. Expenditures 34 from the fund shall be approved by the sole authority of the 35 beard department in consultation with the state fire marshal. LSB 1681XL (10) 87 -42- tr/rh 42/B2 S. F. H. F. 1 Amounts deposited into the fund shall be considered repayment 2 receipts as defined in section 8.2. Notwithstanding section 3 8.33, any balance in the fund on June 30 of each fiscal year 4 shall not revert to the general fund of the state, but shall 5 remain available for the purposes of this chapter in subsequent 6 fiscal years. Notwithstanding section 12C.7, subsection 2, 7 interest or earnings on moneys deposited in the fund shall be 8 credited to the fund. 9 Sec. 118. Section 103.8, subsection 2, Code 2017, is amended 10 to read as follows: 11 2. Except as provided in sections 103.13 and 103.14, no 12 person shall, for another, plan, lay out, or supervise the 13 installation of wiring, apparatus, or equipment for electrical 14 light, heat, power, and other purposes unless the person is 15 licensed by the beard department as an electrical contractor, a 16 class A master electrician, or a class B master electrician. 17 Sec. 119. Section 103.10, Code 2017, is amended to read as 18 follows: 19 103.10 Class A master electrician license — qualifications 20 — class B master electrician license. 21 1. An applicant for a class A master electrician license 22 shall have at least one year's experience, acceptable to the 23 beard department, as a licensed class A or class B journeyman 24 electrician. 25 2. in addition, an applicant shall meet examination 26 criteria based upon the most recent national electrical code 27 adopted pursuant to section 103.6 and upon electrical theory, 28 as determined by the beard department. 29 3. a. An applicant who can provide proof acceptable to 30 the beard department that the applicant has been working in 31 the electrical business and involved in planning for, laying 32 out, supervising, and installing electrical wiring, apparatus, 33 or equipment for light, heat, and power since January 1, 1998, 34 and for a total of at least sixteen thousand hours, of which at 35 least eight thousand hours shall have been accumulated since LSB 1681XL (10) 87 -43- tr/rh 43/82 S. F. H. F. 1 January 1, 1998, may be granted a class B master electrician 2 license without taking an examination. An applicant who is 3 issued a class B master electrician license pursuant to this 4 section shall not be authorized to plan, lay out, or supervise 5 the installation of electrical wiring, apparatus, and equipment 6 in a political subdivision which, prior to or after January 1, 7 2008, establishes licensing standards which preclude such work 8 by class B master electricians in the political subdivision. 9 The beard department shall adopt rules establishing procedures 10 relating to the restriction of a class B master electrician 11 license pursuant to this subsection. 12 b. A class B master electrician may become licensed as 13 a class A master electrician upon successful passage of the 14 examination prescribed in subsection 2. 15 4. A person licensed to plan, lay out, or supervise the 16 installation of electrical wiring, apparatus, or equipment for 17 light, heat, power, and other purposes and supervise apprentice 18 electricians by a political subdivision preceding January 1, 19 2008, pursuant to a supervised written examination, and who 20 is currently engaged in the electrical contracting industry, 21 shall be issued an applicable statewide license corresponding 22 to that licensure as a class A master electrician or electrical 23 contractor. The beard department shall adopt by rule certain 24 criteria for city examination standards satisfactory to fulfill 25 this requirement. 26 5. The beard department may reject an application for 27 licensure under this section from an applicant who would be 28 subject to suspension, revocation, or reprimand pursuant to 29 section 103.35. 30 Sec. 120. Section 103.10A, Code 2017, is amended to read as 31 follows: 32 103.10A Inactive master electrician license. 33 The beard department may by rule create an inactive 34 master electrician license and establish a fee for such a 35 license. An applicant for an inactive master electrician LSB 1681XL (10) 87 -44- tr/rh 44/82 S. F. H. F. 1 license shall, at a minimum, meet the requirements of this 2 chapter and requirements established by the bead department 3 by rule for licensure as a class A master electrician or a 4 class B master electrician. A person licensed as an inactive 5 master electrician shall not be authorized to act as a master 6 electrician, but shall be authorized to apply for a class A 7 master electrician license or a class B master electrician 8 license at a future date subject to conditions and under 9 procedures established by the beard department by rule. The 10 conditions and procedures shall include but not be limited 11 to completion of the required number of contact hours of 12 continuing education courses specified in section 103.18, and 13 paying the applicable license fee specified in section 103.19 14 for a class A master electrician license or class B master 15 electrician license. 16 Sec. 121. Section 103.11, Code 2017, is amended to read as 17 follows: 18 103.11 Wiring or installing — supervising apprentices — 19 license required — qualifications. 20 Except as provided in section 103.13, no person shall, for 21 another, wire for or install electrical wiring, apparatus, 22 or equipment, or supervise an apprentice electrician or 23 unclassified person, unless the person is licensed by the 24 beard department as an electrical contractor, a class A master 25 electrician, or a class B master electrician, or is licensed 26 as a class A journeyman electrician or a class B journeyman 27 electrician and is employed by an electrical contractor or is 28 working under the supervision of a class A master electrician 29 or a class B master electrician. 30 Sec. 122. Section 103.12, Code 2017, is amended to read as 31 follows: 32 103.12 Class A journeyman electrician license qualifications 33 — class B journeyman electrician license. 34 1. An applicant for a class A journeyman electrician 35 license shall have successfully completed an apprenticeship LSB 1681XL (10) 87 -45- tr/rh 45/82 S. F. H. F. 1 training program registered by the office of apprenticeship 2 of the United States department of labor in accordance with 3 the standards established by that department or shall have 4 received training or experience for a period of time and under 5 conditions as established by the beam department by rule. 6 2. In addition, an applicant shall meet examination 7 criteria based upon the most recent national electrical code 8 adopted pursuant to section 103.6 and upon electrical theory, 9 as determined by the beard department. 10 3. a. An applicant who can provide proof acceptable to 11 the beard department that the applicant has been employed as a 12 journeyman electrician since January 1, 1998, and for a total 13 of at least sixteen thousand hours, of which at least eight 14 thousand hours shall have been accumulated since January 1, 15 1998, may be granted a class B journeyman electrician license 16 without taking an examination. An applicant who is issued a 17 class B journeyman electrician license pursuant to this section 18 shall not be authorized to wire for or install electrical 19 wiring, apparatus, and equipment in a political subdivision 20 which, prior to or after January 1, 2008, establishes licensing 21 standards which preclude such work by class B journeyman 22 electricians in the political subdivision. The beard 23 department shall adopt rules establishing procedures relating 24 to the restriction of a class B journeyman electrician license 25 pursuant to this subsection. 26 b. A class B journeyman electrician may become licensed as 27 a class A journeyman electrician upon successful passage of the 28 examination prescribed in subsection 2. 29 4. A person licensed to wire for or install electrical 30 wiring, apparatus, or equipment or supervise an apprentice 31 electrician by a political subdivision preceding January 1, 32 2008, pursuant to a supervised written examination, and who is 33 currently engaged in the electrical contracting industry with 34 at least four years" experience, shall be issued an applicable 35 statewide license corresponding to that licensure as a class LSB 1681XL (10) 87 -46- tr/rh 46/82 S. F. H. F. 1 A journeyman electrician or a class B journeyman electrician. 2 The beard department shall adopt by rule certain criteria 3 for city examination standards satisfactory to fulfill this 4 requirement. 5 5. The beard department may reject an application for 6 licensure under this section from an applicant who would be 7 subject to suspension, revocation, or reprimand pursuant to 8 section 103.35. 9 Sec. 123. Section 103.12A, Code 2017, is amended to read as 10 follows: 11 103.12A Residential electrician and residential master 12 electrician license — qualifications. 13 1. The beard department may by rule provide for the issuance 14 of a residential electrician license, and may by rule provide 15 for the issuance of a residential master electrician license. 16 a. A residential electrician license or residential master 17 electrician license, if established by the beard department, 18 shall be issued to applicants who meet qualifications 19 determined by the beard department, and shall be valid 20 for the performance of residential installations, subject 21 to limitations or restrictions established by the beard 22 department. 23 b. A person who, on or after July 1, 2009, holds a special 24 electrician license authorizing residential electrical 25 installation, granted pursuant to section 103.13, shall be 26 eligible for conversion of that special license to either 27 a residential electrician license or a residential master 28 electrician license, if established by the beard department, in 29 accordance with requirements and procedures established by the 30 beard department. 31 2. A person licensed by the beard department as a class A 32 journeyman electrician or a class B journeyman electrician, 33 or as a class A master electrician or a class B master 34 electrician, shall not be required to hold a residential 35 electrician or residential master electrician license to LSB 1681XL (10) 87 -47- tr/rh 47/82 S. F. H. F. 1 perform any type of residential installation authorized for a 2 person licensed pursuant to this section. 3 3. The beard department may reject an application for 4 licensure under this section from an applicant who would be 5 subject to suspension, revocation, or reprimand pursuant to 6 section 103.35. 7 Sec. 124. Section 103.13, subsections 1 and 3, Code 2017, 8 are amended to read as follows: 9 1. The beard • department shall by rule provide for the 10 issuance of special electrician licenses authorizing the 11 licensee to engage in a limited class or classes of electrical 12 work, which class or classes shall be specified on the license. 13 Each licensee shall have experience, acceptable to the beard 14 department, in each such limited class of work for which the 15 person is licensed. 16 3. The beard department may reject an application for 17 licensure under this section from an applicant who would be 18 subject to suspension, revocation, or reprimand pursuant to 19 section 103.35. 20 Sec. 125. Section 103.15, subsections 1, 2, 3, and 6, Code 21 2017, are amended to read as follows: 22 1. A person shall be licensed by the beard department and 23 pay a licensing fee to work as an apprentice electrician while 24 participating in an apprenticeship training program registered 25 by the office of apprenticeship of the United States department 26 of labor in accordance with the standards established by 27 that department. An apprenticeship shall be limited to six 28 years from the date of licensure, unless extended by the 29 beard department upon a finding that a hardship existed which 30 prevented completion of the apprenticeship program. Such 31 licensure shall entitle the licensee to act as an apprentice to 32 an electrical contractor, a class A master electrician, a class 33 H master electrician, a class A journeyman electrician, or a 34 class H journeyman electrician as provided in subsection 3. 35 2. a. A person shall be licensed as an unclassified LSH 1681XL (10) 87 -48- tr/rh 48/62 S. F. H. F. 1 person by the beard department to perform electrical work if 2 the work is performed under the personal supervision of a 3 person actually licensed to perform such work and the licensed 4 and unclassified persons are employed by the same employer. 5 A person shall not be employed continuously for more than 6 one hundred days as an unclassified person without having 7 obtained a current license from the beard department. For the 8 purposes of determining whether a person has been -employed 9 continuously- for more than one hundred days under this 10 subsection, employment shall include any days not worked due to 11 illness, holidays, weekend days, and other absences that do not 12 constitute separation from or termination of employment. Any 13 period of employment as a nonlicensed unclassified person shall 14 not be credited to any applicable experiential requirement of 15 an apprenticeship training program registered by the office of 16 apprenticeship of the United States department of labor. 17 b. Licensed persons shall not permit unclassified 18 persons to perform electrical work except under the personal 19 supervision of a person actually licensed to perform such 20 work. Unclassified persons shall not supervise the performance 21 of electrical work or make assignments of electrical work 22 to unclassified persons. Any person employing unclassified 23 persons performing electrical work shall maintain records 24 establishing compliance with this section, which shall 25 designate all unclassified persons performing electrical work. 26 3. Apprentice electricians and unclassified persons shall 27 do no electrical wiring except under the direct personal 28 on-the-job supervision and control and in the immediate 29 presence of a licensee as specified in section 103.11. Such 30 supervision shall include both on-the-job training and related 31 classroom training as approved by the beard department. The 32 licensee may employ or supervise apprentice electricians and 33 unclassified persons at a ratio not to exceed three apprentice 34 electricians and unclassified persons to one licensee, except 35 that such ratio and the other requirements of this section LSB 1681XL (10) 87 -49- tr/rh 49/82 S. F. H. F. 1 shall not apply to apprenticeship classroom training. 2 6. The beau department may reject an application for 3 licensure under this section from an applicant who would be 4 subject to suspension, revocation, or reprimand pursuant to 5 section 103.35. 6 Sec. 126. Section 103.16, Code 2017, is amended to read as 7 follows: 8 103.16 License examinations. 9 1. Examinations for licensure shall be offered as often 10 as deemed necessary by the beard department, but no less 11 than one time per quarter. The scope of the examinations 12 and the methods of procedure shall be prescribed by the 13 beard department. The examinations given by the beard 14 department shall be the Experior assessment examination, or 15 a successor examination approved by the beard department, 16 or an examination prepared by a third -party testing service 17 which is substantially equivalent to the Experior assessment 18 examination, or a successor examination approved by the beard 19 department. 20 2. An examination may be given by representatives of the 21 beard department. As soon as practicable after the close of 22 each examination, a report shall be filed in the _ «:-_ ef 23 the seeretary of with the beard by the beard department. The 24 report shall show the action of the beard department upon 25 each application and the seeretary ef the beard department 26 shall notify each applicant of the result of the applicant's 27 examination. Applicants who fail the examination once shall 28 be allowed to take the examination at the next scheduled 29 time. Thereafter, the applicant shall be allowed to take 30 the examination at the discretion of the beard department. 31 An applicant who has failed the examination may request, in 32 writing, information from the beard department concerning the 33 applicants examination grade and subject areas or questions 34 which the applicant failed to answer correctly, except that 35 if the beard department administers a uniform, standardized LSB 1681XL (10) 87 -50- tr/rh 50/82 S. F. H. F. 1 examination, the beard department shall only be required to 2 provide the examination grade and such other information 3 concerning the applicants examination results which are 4 available to the beard department. 5 Sec. 127. Section 103.17, subsection 1, unnumbered 6 paragraph 1, Code 2017, is amended to read as follows: 7 A member of the beard department shall not disclose 8 information relating to the following: 9 Sec. 128. Section 103.17, subsection 2, Code 2017, is 10 amended to read as follows: 11 2. A member of the beams department who willfully 12 communicates or seeks to communicate such information, and any 13 person who willfully requests, obtains, or seeks to obtain such 14 information, is guilty of a simple misdemeanor. 15 Sec. 129. Section 103.18, Code 2017, is amended to read as 16 follows: 17 103.18 License renewal — continuing education. 18 In order to renew a class A master electrician, class B 19 master electrician, class A journeyman electrician, or class 20 B journeyman electrician license issued pursuant to this 21 chapter, the licensee shall be required to complete eighteen 22 contact hours of continuing education courses approved by the 23 beam department during the three-year period for which a 24 license is granted. The contact hours shall include a minimum 25 of six contact hours studying the national electrical code 26 described in section 103.6, and the remaining contact hours may 27 include study of electrical circuit theory, blueprint reading, 28 transformer and motor theory, electrical circuits and devices, 29 control systems, programmable controllers, and microcomputers 30 or any other study of electrical -related material that is 31 approved by the beard department. Any additional hours 32 studying the national electrical code shall be acceptable. For 33 purposes of this section, -contact hour- means fifty minutes of 34 classroom attendance at an approved course under a qualified 35 instructor approved by the beard department. LSS 1681XL (10) 87 -51- tr/rh 51/82 S. F. H. F. 1 Sec. 130. Section 103.19, subsection 1, unnumbered 2 paragraph 1, Code 2017, is amended to read as follows: 3 Licenses issued pursuant to this chapter shall expire every 4 three years, with the exception of licenses for apprentice 5 electricians and unclassified persons, which shall expire on 6 an annual basis. All license applications shall include the 7 applicants social security number, which shall be maintained 8 as a confidential record and shall be redacted prior to public 9 release of an application or other record containing such 10 social security number. The beard department shall establish 11 the fees to be payable for license issuance and renewal in 12 amounts not to exceed the following: 13 Sec. 131. Section 103.19, subsection 3, Code 2017, is 14 amended to read as follows: 15 3. If the beard department determines that all licenses 16 shall expire on the same date every three years for licenses 17 specified in subsection 1, paragraph -a-, the license fees shall 18 be prorated by month. The beard department shall determine an 19 individual's license fee based on the number of months that the 20 individual's license will be in effect after being issued and 21 prior to expiration. 22 Sec. 132. Section 103.20, Code 2017, is amended to read as 23 follows: 24 103.20 Licensee status — employment — death. 25 1. Individuals performing electrical work in a capacity 26 for which licensure is required pursuant to this chapter shall 27 be employed by the authority or company obtaining a permit for 28 the performance of such work, and shall possess a valid license 29 issued by the beard department. 30 2. Upon the death of an electrical contractor, a class A 31 master electrician, or a class B master electrician, the beard 32 department may permit a representative to carry on the business 33 of the decedent for a period not to exceed six months for 34 the purpose of completing work under contract to comply with 35 this chapter. Such representative shall furnish all public LSB 1681XL (10) 87 -52- tr/rh 52/82 S. F. H. F. 1 liability and property damage insurance required by the beard 2 department. 3 Sec. 133. Section 103.21, Code 2017, is amended to read as 4 follows: 5 103.21 Licenses without examination — reciprocity with other 6 states. 7 To the extent that any other state which provides for the 8 licensing of electricians provides for similar action, the 9 beard department may grant licenses, without examination, 10 of the same grade and class to an electrician who has been 11 licensed by such other state for at least one year, upon 12 payment by the applicant of the required fee, and upon 13 the beard department being furnished with proof that the 14 qualifications of the applicant are equal to the qualifications 15 of holders of similar licenses in this state. 16 Sec. 134. Section 103.22, subsections 13 and 14, Code 2017, 17 are amended to read as follows: 18 13. Apply to a person otherwise licensed pursuant to 19 this chapter who is engaged in the wiring or installation of 20 electrical wiring, apparatus, or equipment while presenting a 21 course of instruction relating to home construction technology, 22 or a similar course of instruction, offered to students 23 by a community college established under chapter 260C, an 24 institution under the control of the state board of regents, or 25 a school corporation. A student enrolled in such a course of 26 instruction shall not be considered an apprentice electrician 27 or unclassified person, and supervision ratios as provided in 28 section 103.15, subsection 3, shall not be applicable. The 29 beard department shall by rule establish inspection procedures 30 in the event that the home constructed pursuant to the course 31 is intended for eventual occupation as a residence. 32 14. Prohibit a person from performing work on an emergency 33 basis as determined by the beard department. 34 Sec. 135. Section 103.24, subsection 1, unnumbered 35 paragraph 1, Code 2017, is amended to read as follows: LSB 1681XL (10) 87 -53- tr/rh 53/82 S. F. H. F. 1 The beard department shall establish by rule standards for 2 the certification and decertification of electrical inspectors 3 appointed by the state or a political subdivision to enforce 4 this chapter or any applicable resolution or ordinance within 5 the inspectors jurisdiction, and for certified electrical 6 inspector continuing education requirements. 7 Sec. 136. Section 103.24, subsection 2, Code 2017, is 8 amended to read as follows: 9 2. State inspection shall not apply within the jurisdiction 10 of any political subdivision which, pursuant to section 103.29, 11 provides by resolution or ordinance standards of electrical 12 wiring and its installation that are not less stringent than 13 those prescribed by the beard department or by this chapter 14 and which further provides by resolution or ordinance for 15 the inspection of electrical installations within the limits 16 of such subdivision by a certified electrical inspector. A 17 copy of the certificate of each electrical inspector shall be 18 provided to the beard department by the political subdivision 19 issuing the certificate. 20 Sec. 137. Section 103.25, Code 2017, is amended to read as 21 follows: 22 103.25 Request for inspection — fees. 23 1. At or before commencement of any installation required to 24 be inspected by the beard department, the licensee or property 25 owner making such installation shall submit to the state 26 fire marshal's office a request for inspection. The beard 27 department shall prescribe the methods by which the request 28 may be submitted, which may include electronic submission or 29 through a form prescribed by the beard department that can be 30 submitted either through the mail or by a fax transmission. 31 The beard department shall also prescribe methods by which 32 inspection fees can be paid, which may include electronic 33 methods of payment. If the beard department or the state fire 34 marshal's office becomes aware that a person has failed to 35 file a necessary request for inspection, the beard department LSB 1681XL (10) 87 -54- tr/rh 54/82 S. F. H. F. 1 shall send a written notification by certified mail that the 2 request must be filed within fourteen days. Any person filing 3 a late request for inspection shall pay a delinquency fee in an 4 amount to be determined by the beard department. A person who 5 fails to file a late request within fourteen days from receipt 6 of the notification shall be subject to a civil penalty to be 7 determined by the beard department by rule. 8 2. Notwithstanding subsection 1, the beard department 9 may by rule provide for the issuance of a single permit 10 to a licensee to request multiple inspections. The permit 11 authorizes the licensee to perform new electrical installations 12 specified in the permit. The beard department shall prescribe 13 the methods by which the request for multiple inspections 14 may be submitted, which may include electronic submission or 15 through a form prescribed by the beard department that can be 16 submitted either through the mail or by a fax transmission. 17 The beard department shall also prescribe methods by which 18 inspection fees can be paid, which may include electronic 19 methods of payment. The bead department may perform 20 inspections of each new electrical installation or any portion 21 of the total number of new electrical installations made under 22 each permit. The beard department shall establish fees for 23 such permits, which shall not exceed the total inspection fees 24 that would be required if each new electrical installation 25 performed under the request for multiple inspections had been 26 performed under individual requests for inspections as provided 27 in subsection 1. 28 Sec. 138. Section 103.26, Code 2017, is amended to read as 29 follows: 30 103.26 Condemnation — disconnection — opportunity to 31 correct noncompliance. 32 If the inspector finds that any installation or portion of 33 an installation is not in compliance with accepted standards 34 of construction for health safety and property safety, based 35 upon minimum standards set forth in the local electrical LSB 1681XL (10) 87 -55- tr/rh 5582 S. F. H. F. 1 code or the national electrical code adopted by the beard 2 department pursuant to section 103.6, the inspector shall by 3 written order condemn the installation or noncomplying portion 4 or order service to such installation disconnected and shall 5 send a copy of such order to the beard department, the state 6 fire marshal, and the electrical utility supplying power 7 involved. If the installation or the noncomplying portion is 8 such as to seriously and proximately endanger human health 9 or property, the order of the inspector when approved by the 10 inspector's supervisor shall require immediate condemnation 11 and disconnection by the applicant. In all other cases, the 12 order of the inspector shall establish a reasonable period 13 of time for the installation to be brought into compliance 14 with accepted standards of construction for health safety and 15 property safety prior to the effective date established in such 16 order for condemnation or disconnection. 17 Sec. 139. Section 103.27, subsection 1, Code 2017, is 18 amended to read as follows: 19 1. A copy of each condemnation or disconnection order shall 20 be served personally or by regular mail upon the property 21 owner at the property owner's last known address, the licensee 22 making the installation, and such other persons as the beard 23 department by rule may direct. 24 Sec. 140. Section 103.28, subsection 2, Code 2017, is 25 amended to read as follows: 26 2. If the electrical inspector determines that an 27 electrical installation subject to inspection by the beard 28 department is not in compliance with accepted standards of 29 construction for health safety and property safety, based upon 30 minimum standards adopted by the beard department pursuant to 31 this chapter, the inspector shall issue a correction order. A 32 correction order made pursuant to this section shall be served 33 personally or by United States mail only upon the licensee 34 making the installation. The correction order shall order the 35 licensee to make the installation comply with the standards, LSB 1681XL (10) 87 -56- tr/rh 56/82 S. F. H. F. 1 noting specifically what changes are required. The order 2 shall specify a date, not more than seventeen calendar days 3 from the date of the order, when a new inspection shall be 4 made. When the installation is brought into compliance to the 5 satisfaction of the inspector, the inspector shall file with 6 the electrical utility supplying power a certificate stating 7 that the electrical inspector has approved energization. 8 Sec. 141. Section 103.29, subsections 1, 2, 3, and 5, Code 9 2017, are amended to read as follows: 10 1. A political subdivision performing electrical 11 inspections prior to December 31, 2007, shall continue 12 to perform such inspections. After December 31, 2013, a 13 political subdivision may choose to discontinue performing 14 its own inspections and permit the beard department to have 15 jurisdiction over inspections in the political subdivision. 16 If a political subdivision seeks to discontinue its own 17 inspections prior to December 31, 2013, the political 18 subdivision shall petition the beard department. On or after 19 January 1, 2014, if - unanimous vote of the beard department 20 finds that a political subdivision's inspections are inadequate 21 by reason of misfeasance, malfeasance, or nonfeasance, 22 the beard department may suspend or revoke the political 23 subdivision's authority to perform its own inspections, subject 24 to appeal according to the procedure set forth in section 25 103.34 and judicial review pursuant to section 17A.19. A 26 political subdivision not performing electrical inspections 27 prior to December 31, 2007, may make provision for inspection 28 of electrical installations within its jurisdiction, in which 29 case it shall keep on file with the beard department copies of 30 its current inspection ordinances or resolutions and electrical 31 codes. 32 2. A political subdivision performing electrical 33 inspections pursuant to subsection 1 prior to December 31, 34 2007, may maintain a different supervision ratio than the ratio 35 of three apprentice electricians and unclassified persons to LSH 1681XL (10) 87 -57- tr/rh 57/82 S. F. H. F. 1 one licensee specified in section 103.15, subsection 3, but 2 may not exceed that ratio. A political subdivision which 3 begins performing electrical inspections after December 31, 4 2007, shall maintain the specified three -to -one ratio unless 5 the beard department approves a petition by the political 6 subdivision for a lower ratio. A political subdivision which 7 discontinues performing electrical inspections and permits the 8 beard department to have jurisdiction over inspections shall 9 maintain the specified three -to -one supervision ratio, and may 10 not petition for a lower ratio unless the political subdivision 11 subsequently resumes performing electrical inspections. 12 3. A political subdivision that performs electrical 13 inspections may set appropriate permit fees to pay for such 14 inspections. A political subdivision shall not require any 15 person holding a license from the beard department to pay 16 any license fee or take any examination if the person holds 17 a current license issued by the beard department which is of 18 a classification equal to or greater than the classification 19 needed to do the work proposed. Any such political subdivision 20 may provide a requirement that each person doing electrical 21 work within the jurisdiction of such political subdivision have 22 on file with the political subdivision a copy of the current 23 license issued by the beard department or such other evidence 24 of such license as may be provided by the beard department. 25 5. A political subdivision that performs electrical 26 inspections shall act as the authority having jurisdiction for 27 electrical inspections and for amending the national electrical 28 code adopted by the beard department pursuant to section 29 103.6 for work performed within the jurisdictional limits of 30 the political subdivision, provided those inspections and 31 amendments conform to the requirements of this chapter. Any 32 action by a political subdivision with respect to amendments 33 to the national electrical code shall be filed with the beard 34 department prior to enforcement by the political subdivision, 35 and shall not be less stringent than the minimum standards LSH 1681XL (10) 87 -58- tr/rh 58/82 S. F. H. F. 1 established by the beard department by rule. 2 Sec. 142. Section 103.30, subsection 2, Code 2017, is 3 amended to read as follows: 4 2. The beard department may by rule exempt specified types 5 of new electrical installations from the state electrical 6 inspection requirements under section 103.23, provided that 7 a political subdivision conducting inspections pursuant 8 to section 103.24 shall not be prohibited from requiring 9 inspection of any new electrical installation exempt by rule 10 from state inspection pursuant to this subsection. 11 Sec. 143. Section 103.31, subsections 1, 3, 4, 5, and 6, 12 Code 2017, are amended to read as follows: 13 1. An inspection shall be made within three business 14 days of the submission of a request for an inspection as 15 provided in section 103.25. When necessary, circuits may be 16 energized by the authorized installer prior to inspection but 17 the installation shall remain subject to condemnation and 18 disconnection and subject to any appropriate restrictions or 19 limitations as determined by the beard department. 20 3. State inspection procedures and policies shall be 21 established by the beard department. The state fire marshal, 22 or the state fire marshal's designee, shall enforce the 23 procedures and policies, and enforce the provisions of the 24 national electrical code adopted by the beard department. 25 4. Except when an inspection reveals that an installation or 26 portion of an installation is not in compliance with accepted 27 standards of construction for health safety and property 28 safety, based upon minimum standards set forth in the local 29 electrical code or the national electrical code adopted by 30 the beard department pursuant to section 103.6, such that an 31 order of condemnation or disconnection is warranted pursuant to 32 section 103.26, an inspector shall not add to, modify, or amend 33 a construction plan as originally approved by the state fire 34 marshal or the state building code commissioner in the course 35 of conducting an inspection. LSH 1681XL (10) 87 -59- tr/rh 5982 S. F. H. F. 1 5. Management and supervision of inspectors, including 2 hiring decisions, disciplinary action, promotions, and work 3 schedules are the responsibility of the state fire marshal 4 acting in accordance with applicable law and pursuant to any 5 applicable collective bargaining agreement. The state fire 6 marshal and the beard department shall jointly determine 7 work territories, regions, or districts for inspectors 8 and continuing education and ongoing training requirements 9 applicable to inspectors. An inspector subject to disciplinary 10 action pursuant to this subsection shall be entitled to an 11 appeal according to the procedure set forth in section 103.34 12 and judicial review pursuant to section 17A.19. 13 6. The beard department shall establish an internet-based 14 licensure verification database for access by a state or local 15 inspector for verification of licensee status. The database 16 shall include the name of every person licensed under this 17 chapter and a corresponding licensure number. Inspectors 18 shall be authorized to request the name and license number of 19 any person working at a job site subject to inspection for 20 verification of licensee status. Licensees under this chapter 21 shall be required to carry a copy of their current license and 22 photo identification at all times when employed on a job site 23 for compliance with this subsection. 24 Sec. 144. Section 103.32, subsection 1, Code 2017, is 25 amended to read as follows: 26 1. All state electrical inspection fees shall be due and 27 payable to the beard department at or before commencement of 28 the installation and shall be forwarded with the request for 29 inspection. Inspection fees provided in this section shall 30 not apply within the jurisdiction of any political subdivision 31 if the political subdivision has adopted an ordinance or 32 resolution pursuant to this chapter. 33 Sec. 145. Section 103.32, subsection 2, unnumbered 34 paragraph 1, Code 2017, is amended to read as follows: 35 The beard department shall establish the fees for LSB 1681XL (10) 87 -60- tr/rh 60/82 S. F. H. F. 1 inspections in amounts not to exceed: 2 Sec. 146. Section 103.33, Code 2017, is amended to read as 3 follows: 4 103.33 Condemnation or disconnection orders — appeals — 5 disposition of orders pending appeal. 6 1. Any person aggrieved by a condemnation or disconnection 7 order issued by the state fire marshal's office may appeal from 8 the order by filing a written notice of appeal with the beard 9 department within ten days after the date the order was served 10 upon the property owner or within ten days after the order was 11 filed with the beard department, whichever is later. 12 2. Upon receipt of the notice of appeal from a condemnation 13 or disconnection order because the electrical installation is 14 proximately dangerous to health or property, the order appealed 15 from shall not be stayed unless countermanded by the beard 16 department. 17 3. Upon receipt of notice of appeal from a condemnation 18 or disconnection order because the electrical installation 19 is not in compliance with accepted standards of construction 20 for health safety and property safety, except as provided in 21 subsection 2, the order appealed from shall be stayed until 22 final decision of the beard department and the beard department 23 shall notify the property owner and the electrical contractor, 24 class A master electrician, class B master electrician, fire 25 alarm installer, special electrician, or if established by the 26 beard department the residential master electrician, making 27 the installation. The power supplier shall also be notified 28 in those instances in which the order has been served on such 29 supplier. 30 Sec. 147. Section 103.34, Code 2017, is amended to read as 31 follows: 32 103.34 Appeal procedures. 33 1. Upon receipt of a notice of appeal filed pursuant to 34 section 103.33, the 35 beard department may designate a hearing officer €ram—ameng LSB 1681XL (10) 87 -61- tr/rh 61/82 S. F. H. F. 1 the beard members to hear the appeal er may set the matter fer 2 hearing before the full beard at its next regularg. A 3 majoriby of the beaid shall ..6_ 16_ 4 2. Upon receiving the notice of appeal filed pursuant to 5 section 103.33, the beard department shall notify all persons 6 served with the order appealed from. Such persons may join 7 in the hearing and give testimony in their own behalf. The 8 beard department shall set the hearing date on a date not 9 more than fourteen days after receipt of the notice of appeal 10 unless otherwise agreed by the interested parties and the beard 11 department. 12 Sec. 148. Section 103.35, unnumbered paragraph 1, Code 13 2017, is amended to read as follows: 14 The bear', by a s -perm _f the beard, 15 department may suspend for a period not exceeding two years, 16 or revoke the certificate of licensure of, or reprimand any 17 licensee who is found guilty of any of the following acts or 18 offenses: 19 Sec. 149. Section 103.36, Code 2017, is amended to read as 20 follows: 21 103.36 Procedure. 22 Proceedings for any action under section 103.35 shall be 23 commenced by filing with the beard department written charges 24 against the accused. Upon the filing of charges, the beard 25 department shall conduct an investigation into the charges. 26 The beard department shall designate a time and place for 27 a hearing, and shall notify the accused of this action and 28 furnish the accused a copy of all charges at least thirty days 29 prior to the date of the hearing. The accused has the right to 30 appear personally or by counsel, to cross-examine witnesses, or 31 to produce witnesses in defense. 32 Sec. 150. Section 103.38, Code 2017, is amended to read as 33 follows: 34 103.38 Criminal violations. 35 A person who violates a permanent injunction issued pursuant LSS 1681XL (10) 87 -62- tr/rh 62/82 S. F. H. F. 1 to section 103.37 or presents or attempts to file as the 2 person's own the certificate of licensure of another, or 3 who gives false or forged evidence of any kind to the beard 4 department in obtaining a certificate of licensure, or who 5 falsely impersonates another practitioner of like or different 6 name, or who uses or attempts to use a revoked certificate of 7 licensure, is guilty of a fraudulent practice under chapter 8 714. 9 Sec. 151. Section 103.39, subsections 1, 3, 4, 5, and 7, 10 Code 2017, are amended to read as follows: 11 1. In addition to any other penalties provided for in this 12 chapter, the beard department may by order impose a civil 13 penalty upon a person who is not licensed under this chapter 14 and who does any of the following: 15 a. Is employed in a capacity in which the person engages in 16 or offers to engage in the activities authorized pursuant to 17 this chapter. 18 b. Uses or employs the words -electrical contractor-, -class 19 A master electrician-, -class B master electrician-, -class A 20 journeyman electrician-, or -class B journeyman electrician-, 21 or implies authorization to provide or offer those services, 22 or otherwise uses or advertises any title, word, figure, sign, 23 card, advertisement, or other symbol or description tending 24 to convey the impression that the person is an -electrical 25 contractor-, -class A master electrician", -class B master 26 electrician-, -class A journeyman electrician", or -class B 27 journeyman electrician-. 28 c. Gives false or forged evidence of any kind to the 29 beard er any member ef the beard department in obtaining or 30 attempting to obtain a certificate of licensure. 31 d. Falsely impersonates any individual licensed pursuant to 32 this chapter. 33 e. Uses or attempts to use an expired, suspended, revoked, 34 or nonexistent certificate of licensure. 35 f. Knowingly aids or abets an unlicensed person who engages LSH 1681XL (10) 87 -63- tr/rh 63/82 S. F. H. F. 1 in any activity identified in this subsection. 2 3. In determining the amount of a civil penalty to 3 be imposed, the beard department may consider any of the 4 following: 5 a. Whether the amount imposed will be a substantial economic 6 deterrent to the violation. 7 b. The circumstances leading to the violation. 8 C. The severity of the violation and the risk of harm to the 9 public. 10 d. The economic benefits gained by the violator as a result 11 of noncompliance. 12 e. The interest of the public. 13 4. Before issuing an order under this section, the beard 14 department shall provide the person written notice and the 15 opportunity to request a hearing on the record. The hearing 16 must be requested within thirty days of the issuance of the 17 notice and shall be conducted in the same manner as provided 18 in section 103.36. 19 5. The beard department, in connection with a proceeding 20 under this section, may issue subpoenas to compel the 21 attendance and testimony of witnesses and the disclosure of 22 evidence, and may request the attorney general to bring an 23 action to enforce the subpoena. 24 7. If a person fails to pay a civil penalty within thirty 25 days after entry of an order under subsection 1, or if the 26 order is stayed pending an appeal within ten days after the 27 court enters a final judgment in favor of the beard department, 28 the beard department shall notify the attorney general. The 29 attorney general may commence an action to recover the amount 30 of the penalty, including reasonable attorney fees and costs. 31 Sec. 152. Section 105.2, subsections 2, 4, 14, and 17, Code 32 2017, are amended to read as follows: 33 2. Bvavd Council- means the electrical, plumbing, and 34 mechanical systems beard advisory council as established 35 pursuant to section 1055..3 103.2. LSB 1681XL (10) 87 -64- tr/rh 64/82 S. F. H. F. 1 4. Department- means the iewa department of public health 2 safety created under chapter 80. 3 14. Medical gas system installer- means any person who 4 installs or repairs medical gas piping, components, and 5 vacuum systems, including brazers, who has been issued a 6 valid certification from the national inspection testing 7 certification (NITC) corporation, or an equivalent authority 8 approved by the beard department. 9 17. Routine maintenance" means the maintenance, repair, 10 or replacement of existing fixtures or parts of plumbing, 11 mechanical, HVAC, refrigeration, sheet metal, or hydronic 12 systems in which no changes in original design are made. 13 Fixtures or parts do not include smoke and fire dampers, or 14 water, gas, or steam piping permanent repairs except for traps 15 or strainers. Routine maintenance" shall include emergency 16 repairs, and the beard department shall define the term 17 -emergency repairs' to include the repair of water pipes to 18 prevent imminent damage to property. Routine maintenance - 19 does not include the replacement of furnaces, boilers, cooling 20 appliances, or water heaters more than one hundred gallons in 21 size. 22 Sec. 153. Section 105.4, subsection 1, paragraphs a and b, 23 Code 2017, are amended to read as follows: 24 a. The beard department shall establish by rule a plumbing 25 installation code governing the installation of plumbing in 26 this state. Consistent with fire safety rules and standards 27 promulgated by the state fire marshal, the beard department 28 shall adopt the most current version of the uniform plumbing 29 code and the international mechanical code, as the state 30 plumbing code and the state mechanical code, to govern the 31 installation of plumbing and mechanical systems in this state. 32 The beard department shall adopt the current version of each 33 code within six months of its being released. The beard 34 department may adopt amendments to each code by rule. The 35 beard department shall work in consultation with the state fire LSB 1681XL (10) 87 -65- tr/rh 65/82 S. F. H. F. 1 marshal to ensure that proposed amendments do not conflict with 2 the fire safety rules and standards promulgated by the state 3 fire marshal. The state plumbing code and the state mechanical 4 code shall be applicable to all buildings and structures 5 owned by the state or an agency of the state and in each local 6 jurisdiction. 7 b. Except as provided in paragraph -c-, a local jurisdiction 8 is not required to adopt by ordinance the state plumbing code 9 or the state mechanical code. However, a local jurisdiction 10 that adopts by ordinance the state plumbing code or the 11 state mechanical code may adopt standards that are more 12 restrictive. A local jurisdiction that adopts standards 13 that are more restrictive than the state plumbing code or 14 the state mechanical code shall promptly provide copies of 15 those standards to the beard department. The beard department 16 shall maintain on its internet site the text of all local 17 jurisdiction standards that differ from the applicable 18 statewide code. Local jurisdictions shall not be required to 19 conduct inspections or take any other enforcement action under 20 the state plumbing code and state mechanical code regardless 21 of whether the local jurisdiction has adopted by ordinance the 22 state plumbing code or the state mechanical code. 23 Sec. 154. Section 105.4, subsection 2, Code 2017, is amended 24 to read as follows: 25 2. The beard department shall adopt all rules necessary to 26 carry out the licensing and other provisions of this chapter. 27 Sec. 155. Section 105.5, subsections 1, 3, and 4, Code 2017, 28 are amended to read as follows: 29 1. Any person desiring to take an examination for a license 30 issued pursuant to this chapter shall make application to the 31 beard department in accordance with the rules of the beard 32 department. The application form shall be no longer than two 33 pages in length, plus one security page. The beard department 34 may require that a recent photograph of the applicant be 35 attached to the application. LSB 1681XL (10) 87 -66- tr/rh 6682 S. F. H. F. 1 3. The beard department shall adopt rules relating to all 2 of the following: 3 a. The qualifications required for applicants seeking 4 to take examinations, which qualifications shall include 5 a requirement that an applicant who is a contractor shall 6 be required to provide the contractors state contractor 7 registration number. 8 b. The denial of applicants seeking to take examinations. 9 4. The beard department shall adopt an industry 10 standardized examination for each license type. if a 11 standardized examination is not available for a specified 12 license type, the beard department shall work with the 13 appropriate testing vendor to create an examination for the 14 specified license type. 15 Sec. 156. Section 105.9, subsections 1, 2, 3, 5, and 6, Code 16 2017, are amended to read as follows: 17 1. The beard department shall set the fees for the 18 examination of all applicants, by rule, which fees shall be 19 based upon the cost of administering the examinations. 20 2. The beard department shall set the license fees and 21 renewal fees for all licenses issued pursuant to this chapter, 22 by rule. 23 3. All fees collected under this chapter shall be retained 24 by the beard department. The moneys retained by the beard 25 department shall be used for any of the beard=s department's 26 duties under this chapter, including but not limited to the 27 addition of full-time equivalent positions for program services 28 and investigations. Revenues retained by the beard department 29 pursuant to this section shall be considered repayment receipts 30 as defined in section 8.2. Notwithstanding section 8.33, 31 moneys retained by the beard department pursuant to this 32 section are not subject to reversion to the general fund of the 33 state. 34 5. a. The beard department shall submit a report to 35 the general assembly within sixty days following the end LSB 1681XL (10) 87 -67- tr/rh 67/82 S. F. H. F. 1 of each fiscal year. The reports shall include a balance 2 sheet projection extending no less than three years. If the 3 revenue projection exceeds expense projections by more than 4 ten percent, the beard department shall adjust their its fee 5 schedules accordingly, so that projected revenues are no more 6 than ten percent higher than projected expenses. The revised 7 fees shall be implemented no later than January 1, 2013, and 8 January 1 of each subsequent year. 9 b. A license fee for a combined license shall be the sum 10 total of each of the separate license fees reduced by thirty 11 percent. 12 6. The beard department may charge a fee for an application 13 required by this chapter and submitted on paper if an internet 14 application process is available. 15 Sec. 157. Section 105.10, subsections 1 and 4, Code 2017, 16 are amended to read as follows: 17 1. Except as provided in section 105.11, a person shall 18 not operate as a contractor or install or repair plumbing, 19 mechanical, HVAC, refrigeration, sheet metal, or hydronic 20 systems without obtaining a license issued by the beard 21 department, or install or repair medical gas piping systems 22 without obtaining a valid certification approved by the beard 23 department. 24 4. The beard department shall adopt rules to allow a grace 25 period for a contractor to operate a business described in 26 subsection 2 without employing a licensed master. 27 Sec. 158. Section 105.12, Code 2017, is amended to read as 28 follows: 29 105.12 Form of license. 30 1. A contracting, plumbing, mechanical, HVAC -refrigeration, 31 sheet metal, or hydronic license shall be in the form of a 32 certificate under the sea! ef the department, signed by the 33 direeter ef publie health, and shall be issued in the name of 34 the beard department. The license number shall be noted on the 35 face of the license. LSB 1681XL (10) 87 -68- tr/rh 6882 S. F. H. F. 1 2. In addition to the certificate, the beard department 2 shall provide each licensee with a wallet -sized licensing 3 identification card. 4 Sec. 159. Section 105.16, Code 2017, is amended to read as 5 follows: 6 105.16 Change of residence. 7 If a person licensed to practice as a contractor or a 8 plumbing, mechanical, HVAC -refrigeration, sheet metal, or 9 hydronic professional under this chapter changes the person's 10 residence or place of practice, the person shall so notify the 11 beard department. 12 Sec. 160. Section 105.18, Code 2017, is amended to read as 13 follows: 14 105.18 Qualifications and types of licenses issued. 15 1. General qualifications. The beard department shall 16 adopt, by rule, general qualifications for licensure. The 17 beard department may consider the past felony record of an 18 applicant only if the felony conviction relates to the practice 19 of the profession for which the applicant requests to be 20 licensed. References may be required as part of the licensing 21 process. 22 2. Plumbing, mechanical, HVAC -refrigeration, sheet 23 metal, and hydronic licenses and contractor licenses. The 24 beard department shall issue master licenses for plumbing, 25 mechanical, HVAC -refrigeration, and hydronic professionals. 26 The beard department shall issue journeyperson licenses for 27 plumbing, mechanical, HVAC -refrigeration, sheet metal, and 28 hydronic professionals. A plumbing license shall allow an 29 individual to perform work defined as plumbing. A mechanical 30 license shall allow an individual to perform work defined 31 as HVAC, refrigeration, sheet metal, and hydronic. An 32 HVAC -refrigeration license shall allow an individual to perform 33 work defined as HVAC and refrigeration. A hydronic license 34 shall allow an individual to perform work defined as hydronic. 35 A sheet metal license shall allow an individual to perform work LSB 1681XL (10) 87 -69- tr/rh 69/82 S. F. H. F. 1 defined as sheet metal. The beard department shall issue the 2 separate licenses as follows: 3 a. Apprentice license. In order to be licensed by the 4 beard department as an apprentice, a person shall do all of the 5 following: 6 (1) File an application, which application shall establish 7 that the person meets the minimum requirements adopted by the 8 beard department. 9 (2) Certify that the person will work under the supervision 10 of a licensed journeyperson or master in the applicable 11 discipline. 12 (3) Be enrolled in an applicable apprentice program which is 13 registered with the United States department of labor office 14 of apprenticeship. 15 b. Journeyperson license. 16 (1) In order to be licensed by the beard department as a 17 journeyperson in the applicable discipline, a person shall do 18 all of the following: 19 (a) File an application and pay application fees as 20 established by the beam department, which application shall 21 establish that the person meets the minimum educational and 22 experience requirements adopted by the beam department. 23 (b) Pass the state journeyperson licensing examination in 24 the applicable discipline. 25 (c) Provide the beam department with evidence of having 26 completed at least four years of practical experience as an 27 apprentice. Commencing January 1, 2010, the four years of 28 practical experience required by this subparagraph division 29 must be an apprenticeship training program registered by the 30 United States department of labor office of apprenticeship. 31 (2) A person may simultaneously hold an active 32 journeyperson license and an inactive master license. 33 (3) An individual who has passed both the journeyperson 34 HVAC -refrigeration examination and the journeyperson hydronic 35 examination separately shall be qualified to be issued a LSB 1681XL (10) 87 -70- tr/rh 70A2 S. F. H. F. 1 journeyperson mechanical license without having to pass the 2 journeyperson mechanical examination. 3 c. Master license. 4 (1) In order to be licensed by the beard department as a 5 master, a person shall do all of the following: 6 (a) File an application and pay application fees as 7 established by the bead department, which application shall 8 establish that the person meets the minimum educational and 9 experience requirements adopted by the beard department. 10 (b) Pass the state master licensing examination for the 11 applicable discipline. 12 (c) Provide evidence to the beard department that the person 13 has previously been a licensed journeyperson or master in the 14 applicable discipline. 15 (2) An individual who has passed both the master 16 HVAC -refrigeration examination and the master hydronic 17 examination separately shall be qualified to be issued a master 18 mechanical license without having to pass the master mechanical 19 examination. 20 d. Contractor license. In order to be licensed by the 21 beard department as a contractor, a person shall do all of the 22 following: 23 (1) File an application and pay application fees as 24 established by the beard department and establish that the 25 person meets the minimum requirements adopted by the beard 26 department. Through June 30, 2017, the application shall 27 include the person's state contractor registration number. 28 After July 1, 2017, the application shall include proof of 29 workers compensation insurance coverage, proof of unemployment 30 insurance compliance, and, for out-of-state contractors, a bond 31 as described in chapter 91C. 32 (2) Maintain a permanent place of business. 33 (3) Hold a master license or employ at least one person 34 holding a master license under this chapter. 35 3. Combined licenses, restricted licenses. LSB 1681XL (10) 87 -71- tr/rh 7182 S. F. H. F. 1 a. The beard department may issue single or combined 2 licenses to persons who qualify as a contractor, master, 3 journeyperson, or apprentice under any of the disciplines. 4 b. Special, restricted license. The beard department may 5 by rule provide for the issuance of special plumbing and 6 mechanical professional licenses authorizing the licensee to 7 engage in a limited class or classes of plumbing or mechanical 8 professional work, which class or classes shall be specified on 9 the license. Each licensee shall have experience, acceptable 10 to the beard department, in each such limited class for which 11 the person is licensed. The beard department shall designate 12 each special, restricted license to be a sublicense of either 13 a plumbing, mechanical, HVAC -refrigeration, sheet metal, 14 or hydronic license. A special, restricted license may be 15 a sublicense of multiple types of licenses. An individual 16 holding a master or journeyperson, plumbing, mechanical, 17 HVAC -refrigeration, sheet metal, or hydronic license shall not 18 be required to obtain any special, restricted license which is 19 a sublicense of the license that the individual holds. Special 20 plumbing and mechanical professional licenses shall be issued 21 to employees of a rate -regulated gas or electric public utility 22 who conduct the repair of appliances. Repair of appliances - 23 means the repair or replacement of mechanical connections 24 between the appliance shutoff valve and the appliance and 25 repair of or replacement of parts to the appliance. Such 26 special, restricted license shall require certification 27 pursuant to industry -accredited certification standards. 28 C. The beard department shall establish a special, 29 restricted license fee at a reduced rate, consistent with any 30 other special, restricted license fees. 31 d. An individual that holds either a master or 32 journeyperson mechanical license or a master or journeyperson 33 HVAC -refrigeration license shall be exempt from having to 34 obtain a special electrician's license pursuant to chapter 103 35 in order to disconnect and reconnect existing air conditioning LSB 1681XL (10) 87 -72- tr/rh 72/82 S. F. H. F. 1 and refrigeration systems. 2 4. Waiver for military service. Notwithstanding section 3 17A.9A, the beard department shall waive the written 4 examination requirements and prior experience requirements in 5 subsection 2, paragraph "b-, subparagraph (1), and subsection 6 2, paragraph "c-, for a journeyperson or master license if the 7 applicant meets all of the following requirements: 8 a. Is an active or retired member of the United States 9 military. 10 b. Provides documentation that the applicant was deployed 11 on active duty during any portion of the time period of July 1, 12 2008, through December 31, 2009. 13 c. Provides documentation that shows the applicant has 14 previously passed an examination which the beard department 15 deems substantially similar to the examination for a 16 journeyperson license or a master license, as applicable, 17 issued by the beard department, or provides documentation that 18 shows the applicant has previously been licensed by a state or 19 local governmental jurisdiction in the same trade and trade 20 level. 21 Sec. 161. Section 105.19, subsections 1 and 3, Code 2017, 22 are amended to read as follows: 23 1. An applicant for a contractor license or renewal of 24 an active contractor license shall provide evidence of a 25 public liability insurance policy and surety bond in an amount 26 determined sufficient by the beard department by rule. 27 3. The insurance and surety bond shall be written by an 28 entity licensed to do business in this state and each licensed 29 contractor shall maintain on file with the beard department 30 a certificate evidencing the insurance providing that the 31 insurance or surety bond shall not be canceled without the 32 entity first giving ten days' written notice to the beard 33 department. 34 Sec. 162. Section 105.20, subsections 2, 4, and 5, Code 35 2017, are amended to read as follows: LSB 1681XL (10) 87 -73- tr/rh 73/82 S. F. H. F. 1 2. A license issued under this chapter may be renewed 2 as provided by rule adopted by the beard department upon 3 application by the licensee, without examination. Applications 4 for renewal shall be made to the beard department, accompanied 5 by the required renewal licensing fee, at least thirty days 6 prior to the expiration date of the license. 7 4. The beard department shall, by rule, establish a 8 reinstatement process for a licensee who allows a license to 9 lapse, including reasonable penalties. 10 5. a. The beard department shall establish continuing 11 education requirements pursuant to section 272C.2. The basic 12 continuing education requirement for renewal of a license shall 13 be the completion, during the immediately preceding license 14 term, of the number of classroom hours of instruction required 15 by the beard department in courses or seminars which have been 16 approved by the beard department. The beard department shall 17 require at least eight classroom hours of instruction during 18 each three-year licensing term. 19 b. A licensee shall have a thirty -day grace period after 20 expiration of the licensing term to complete all requirements 21 necessary for license renewal without penalty. 22 Sec. 163. Section 105.21, Code 2017, is amended to read as 23 follows: 24 105.21 Reciprocal licenses. 25 The beard department may license without examination 26 a nonresident applicant who is licensed under plumbing, 27 mechanical, HVAC -refrigeration, sheet metal, or hydronic 28 professional licensing statutes of another state having similar 29 licensing requirements as those set forth in this chapter and 30 the rules adopted under this chapter if the other state grants 31 the same reciprocal licensing privileges to residents of Iowa 32 who have obtained Iowa plumbing or mechanical professional 33 licenses under this chapter. The beard department shall 34 adopt the necessary rules, not inconsistent with the law, for 35 carrying out the reciprocal relations with other states which LSB 1681XL (10) 87 -74- tr/rh 74/82 S. F. H. F. 1 are authorized by this chapter. 2 Sec. 164. Section 105.22, unnumbered paragraph 1, Code 3 2017, is amended to read as follows: 4 A license to practice as a contractor or as a plumbing, 5 mechanical, HVAC -refrigeration, sheet metal, or hydronic 6 professional may be revoked or suspended, or an application 7 for licensure may be denied pursuant to procedures established 8 pursuant to chapter 272C by the beard department, or the 9 licensee may be otherwise disciplined in accordance with that 10 chapter, when the licensee commits any of the following acts 11 or offenses: 12 Sec. 165. Section 105.22, subsection 10, Code 2017, is 13 amended to read as follows: 14 10. Any other such grounds as established by rule by the 15 beard department. 16 Sec. 166. Section 105.23, Code 2017, is amended to read as 17 follows: 18 105.23 Jurisdiction of revocation and suspension proceedings. 19 The beard department shall have exclusive jurisdiction of 20 all proceedings to revoke or suspend a license issued pursuant 21 to this chapter. The beard department may initiate proceedings 22 under this chapter or chapter 272C, following procedures set 23 out in section 272C.6, either on its own motion or on the 24 complaint of any person. The beard department, in connection 25 with a proceeding under this chapter, may issue subpoenas to 26 compel attendance and testimony of witnesses and the disclosure 27 of evidence, and may request the attorney general to bring an 28 action to enforce the subpoena. 29 Sec. 167. Section 105.24, Code 2017, is amended to read as 30 follows: 31 105.24 Notice and default. 32 1. A written notice stating the nature of the charge or 33 charges against a licensee and the time and place of the 34 hearing before the beard department on the charges shall be 35 served on the licensee not less than thirty days prior to the LSB 1681XL (10) 87 -75- tr/rh 75/82 S. F. H. F. 1 date of hearing either personally or by mailing a copy by 2 certified mail to the last known address of the licensee. 3 2. If, after having been served with the notice of hearing, 4 the licensee fails to appear at the hearing, the beard 5 department may proceed to hear evidence against the licensee 6 and may enter such order as is justified by the evidence. 7 Sec. 168. Section 105.27, subsections 1 and 3, Code 2017, 8 are amended to read as follows: 9 1. In addition to any other penalties provided for in this 10 chapter, the beard department may, by order, impose a civil 11 penalty, not to exceed five thousand dollars per offense, 12 upon a person violating any provision of this chapter. Each 13 day of a continued violation constitutes a separate offense, 14 except that offenses resulting from the same or common facts 15 or circumstances shall be considered a single offense. Before 16 issuing an order under this section, the beard department 17 shall provide the person written notice and the opportunity to 18 request a hearing on the record. The hearing must be requested 19 within thirty days of the issuance of the notice. 20 3. If a person fails to pay a civil penalty within thirty 21 days after entry of an order under subsection 1 or, if the 22 order is stayed pending an appeal, within ten days after the 23 court enters a final judgment in favor of the beard department, 24 the beard department shall notify the attorney general. The 25 attorney general may commence an action to recover the amount 26 of the penalty, including reasonable attorney fees and costs. 27 Sec. 169. Section 105.28, Code 2017, is amended to read as 28 follows: 29 105.28 Enforcement. 30 The beard department shall enforce the provisions of this 31 chapter. Every licensee and member of the beard shall furnish 32 the beard department such evidence as the licensee or .ember 33 may have relative to any alleged violation which is being 34 investigated. 35 Sec. 170. Section 105.29, Code 2017, is amended to read as LSB 1681XL (10) 87 -76- tr/rh 7682 S. F. H. F. 1 follows: 2 105.29 Report of violators. 3 Every licensee and every member ef the be shall report 4 to the beard department the name of every person who is 5 practicing as a contractor or as a plumbing, mechanical, 6 HVAC -refrigeration, sheet metal, or hydronic professional 7 without a license issued pursuant to this chapter pursuant 8 to the knowledge or reasonable belief of the person making 9 the report. The opening of an office or place of business 10 for the purpose of providing any services for which a license 11 is required by this chapter, the announcing to the public in 12 any way the intention to provide any such service, the use of 13 any professional designation, or the use of any sign, card, 14 circular, device, vehicle, or advertisement, as a provider of 15 any such services shall be prima facie evidence of engaging 16 in the practice of a contractor or a plumbing, mechanical, 17 HVAC -refrigeration, sheet metal, or hydronic professional. 18 Sec. 171. Section 105.30, Code 2017, is amended to read as 19 follows: 20 105.30 Attorney general. 21 Upon request of the beard department, the attorney general 22 shall institute in the name of the state the proper proceedings 23 against any person charged by the department with violating any 24 provision of this chapter. 25 Sec. 172. Section 272C.1, subsection 6, paragraph ae, Code 26 2017, is amended by striking the paragraph and inserting in 27 lieu thereof the following: 28 ae. The department of public safety, in licensing 29 electricians, plumbers, mechanical professionals, contractors, 30 and other professionals licensed pursuant to chapters 103 and 31 105. 32 Sec. 173. Section 331.301, subsection 6, paragraph b, Code 33 2017, is amended to read as follows: 34 b. A county shall not impose any fee or charge on any 35 individual or business licensed by the plumbing and meehanieal LSB 1681XL (10) 87 -77- tr/rh 77/82 S. F. H. F. 1 systems beard department of public safety for the right to 2 perform plumbing, mechanical, HVAC, refrigeration, sheet metal, 3 or hydronic systems work within the scope of the license. This 4 paragraph does not prohibit a county from charging fees for the 5 issuance of permits for, and inspections of, work performed in 6 its jurisdiction. 7 Sec. 174. Section 364.3, subsection 3, paragraph b, Code 8 2017, is amended to read as follows: 9 b. A city shall not impose any fee or charge on any 10 individual or business licensed by the plumbing and meehanieal 11 systems `bear`__--'_ department of public safety for the right to 12 perform plumbing, mechanical, HVAC, refrigeration, sheet metal, 13 or hydronic systems work within the scope of the license. This 14 paragraph does not prohibit a city from charging fees for the 15 issuance of permits for, and inspections of, work performed in 16 its jurisdiction. 17 Sec. 175. REPEAL. Sections 103.5, 105.1, and 105.3, Code 18 2017, are repealed. 19 Sec. 176. TRANSITION PROVISIONS. 20 1. Any rule, regulation, form, order, or directive 21 promulgated by the electrical examining board or the plumbing 22 and mechanical systems board as required to administer and 23 enforce the provisions of chapters 103 and 105, Code 2017, 24 shall continue in full force and effect until amended, 25 repealed, or supplemented by affirmative action of the 26 department of public safety. 27 2. Any moneys remaining in any account or fund under the 28 control of the electrical examining board or the plumbing and 29 mechanical systems board on the effective date of this division 30 of this Act and relating to the provisions of this division of 31 this Act shall be transferred to a comparable fund or account 32 under the control of the department of public safety for such 33 purposes. Notwithstanding section 8.33, the moneys transferred 34 in accordance with this subsection shall not revert to the 35 account or fund from which appropriated or transferred. LSB 1681XL (10) 87 -78- tr/rh 78/82 S. F. H. F. 1 3. The electrical examining board and the plumbing and 2 mechanical systems board shall assist the department of public 3 safety in implementing this division of this Act by providing 4 for an effective transition of powers and duties from the 5 boards to the department under chapters 103 and 105 and related 6 administrative rules. Such assistance shall include but is not 7 limited to assisting in cooperating with federal agencies. 8 4. Any replacement of signs, logos, stationery, insignia, 9 uniforms, and related items that is made due to the effect of 10 this division of this Act shall be done as part of the normal 11 replacement cycle for such items. 12 5. The license of a person licensed by the electrical 13 examining board or the plumbing and mechanical systems board on 14 the effective date of this division of this Act shall remain 15 in effect upon the transition of regulatory authority from the 16 boards to the department of public safety in accordance with 17 this division of this Act. 18 6. Control of the plumbing, mechanical, HVAC -refrigeration, 19 sheet metal, or hydronic registry created in section 105.15 20 shall be transferred from the department of public health to 21 the department of public safety. 22 7. An administrative hearing or court proceeding arising 23 out of an enforcement action under chapter 103 or 105 or 24 related administrative rules pending on the effective date 25 of this division of this Act shall not be affected by this 26 division of this Act. Any cause of action or statute of 27 limitation relating to an action taken by the electrical 28 examining board or the plumbing and mechanical systems board 29 shall not be affected by this division of this Act and such 30 cause of action or statute of limitation shall apply to the 31 department of public safety. 32 DIVISION V 33 OUT-OF-STATE LICENSURE APPLICANTS TO HOARD OF EDUCATIONAL 34 EXAMINERS 35 Sec. 177. Section 272.8, subsection 1, Code 2017, is amended LSS 1681XL (10) 87 -79- tr/rh 79/82 S. F. H. P. 1 to read as follows: 2 1. The board may shall issue a an initial license, as 3 established by the board by rule, to an applicant from another 4 state or country if the applicant files evidence of the 5 possession of the required or equivalent requirements with the 6 board. If the applicant is the spouse of a military person who 7 is on duty or in active state duty as defined in section 29A.1, 8 subsections 10 and 12, the board shall assign a consultant to 9 be the single point of contact for the applicant regarding 10 nontraditional licensure. 11 DIVISION VI 12 LICENSING MORATORIUM 13 Sec. 178. NEW SECTION. 7E.4A Professional regulation. 14 An executive branch administrative unit shall not assess a 15 fee, require authorization to practice, or otherwise impose 16 regulations on a profession if the administrative unit did not 17 regulate the profession prior to July 1, 2017. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation's substance by the members of the general assembly. 21 This bill relates to certain state regulations, including 22 certificate of need requirements, the practice of certain 23 professions, and the oversight of state preserves. The bill is 24 organized into divisions. 25 CERTIFICATE OF NEED REQUIREMENT. This division removes the 26 requirement for a hospital to apply to the Iowa department of 27 public health for a certificate of need prior to the offering 28 or development of a new or changed institutional health service 29 unless the hospital plans to expand its swing -bed capacity 30 above 25 beds or plans to add any nursing facility beds or 31 skilled nursing beds. 32 The division exempts facilities that provide services 33 to a person with a primary diagnosis of mental illness, as 34 defined in Code section 229.1, from the certificate of need 35 requirement. LSH 1681XL (10) 87 -80- tr/rh 80/82 S.F. H. F. 1 The division takes effect July 1, 2019, except that the 2 certificate of need exemption for facilities that provide 3 services to a person with a primary diagnosis of mental illness 4 takes effect upon enactment. 5 REPEALS OF CERTAIN BOARDS — CONFORMING AMENDMENTS. 6 This division eliminates the following boards and removes 7 all licensing and registration requirements for their 8 regulated professions: the board of respiratory care and 9 polysomnography, the board of massage therapy, the board of 10 hearing aid specialists, the board of barbering, and the 11 interior design examining board. 12 The division removes licensing requirements and imposes 13 registration requirements for the following professions: 14 dietitians, athletic trainers, funeral directors, mental health 15 counselors, marital and family therapists, social workers, 16 speech pathologists, and audiologists. 17 The division requires dietitians, funeral directors, mental 18 health counselors, marital and family therapists, and social 19 workers to register with the department of public health, 20 athletic trainers with the board of educational examiners, 21 and speech pathologists and audiologists with the board of 22 medicine. The division removes licensing requirements for 23 prosthetists, orthotists, and pedorthists and does not require 24 registration, but retains the board of podiatry. 25 The division removes tooth whitening from the practice of 26 dentistry as provided in Code section 153.13. 27 REPEAL OF STATE ADVISORY BOARD FOR PRESERVES. This division 28 eliminates the state advisory board for preserves and assigns 29 the duties of the board to the natural resource commission of 30 the department of natural resources. 31 ELECTRICAL EXAMINING BOARD AND PLUMBING AND MECHANICAL 32 SYSTEMS BOARD MERGER. This division combines the duties 33 of the electrical examining board with the plumbing and 34 mechanical systems board to create the electrical, plumbing, 35 and mechanical systems advisory council under the department LSB 1681XL (10) 87 -81- tr/rh 81/82 S. F. H. F. 1 of public safety, which will regulate the licensure of 2 electricians, plumbers, and other professionals currently 3 licensed by both boards. 4 LICENSING MORATORIUM. This division prohibits an executive 5 branch administrative unit from imposing new licensing 6 regulations for a profession not regulated prior to July 1, 7 2017. 8 OUT-OF-STATE APPLICANTS TO BOARD OF EDUCATIONAL EXAMINERS. 9 This division requires the board of educational examiners to 10 issue a license to an applicant who holds a license in another 11 jurisdiction. 12 The bill makes numerous conforming changes throughout the 13 Code to reflect all of these changes and provides transition 14 provisions for the transfer of rules, licenses, fees, 15 funds, forms, and other items between the various boards and 16 departments. LSH 1681XL (10) 87 -82- tr/rh 82/82 0,4 --"- `.p CITY OF IOWA CITY APs MEMORANDUM Date: February 23, 2018 To: City Council From: Geoff Fruin, City Manager Re: Federal Aid Swap Information Request At your February 20"' work session, the City Council requested that staff ask local trades and labor leaders for their position on the State DOT's federal aid swap program. That position was provided by Bill Gerhard and is included with this memo. As a reminder, the State is currently implementing the swap program. Metropolitan Planning Organizations (MPOs) can opt out of the swap program. That decision will be before the MPOJC on March 28th. City staff and the Transportation Technical Advisory Committee of the MPO have recommended participation in the program now that it is being implemented. The basis for the recommendation is on anticipated time and cost savings for federally funded projects. If any further information is needed prior to your March 281h MPO meeting, please let me know. It is my understanding that the DOT will have a representative present at the MPO meeting to answer questions about the swap program. Department of Transportation Federal Aid Swap Pursuant to Iowa Code 313.4(1)(c), The Iowa Department of Transportation would allow the Transportation Commission, along with other stake holders, to allocate moneys from the Primary Road Fund (PRF) for the establishment, construction, and maintenance of the secondary road system and the municipal street system, in exchange for retaining all or a portion of federal aid road funds that would otherwise be allocated to the counties and cities. Essentially, this law would allow the secondary road fund to swap, dollar for dollar with the DOT, to avoid federal provisions tied to federal dollars. This includes environmental regulations for secondary roads and bridges, as well as avoiding Davis Bacon dollars in rural areas, and to avoid the "Buy American Act" (Title 23 Sec. 313/U.S.C./Federal Highway Act). We feel this would undermine construction wages in rural areas, which could lead to the recruitment of out of state contractors with an out of state workforce. We also feel this law could hurt U.S. steel manufacturing by avoiding the requirements under the Federal Highway Act (FDWA). The state of Iowa's long-term infrastructure deserves better then what this law provides. Issues with the Primary Road/Secondary Road Federal Aid Swap • This law would undermine rural construction worker's wages who construct secondary roads and bridges (by removing Davis Bacon wages from the secondary road system). • This law would undermine U.S. steel manufacturing in the U.S. and state of Iowa, by avoiding the federal requirements of using U.S. steel. • This law would lower construction wages in rural areas, which would recruit an out of state 1099 workforce. This would undermine the many democratic and republican lawmaker's efforts to build an Iowa skilled workforce. • This law will send a message to rural construction workers that you must move to Urban areas to make a good construction wage. Rural Iowa is hurting enough, we don't need to remove a wage safety law that helps working families in rural Iowan. 2/26/2018 Why Mid -Sized Cities Love CDBG and HOME—CitiesSpeak CitiesSpeak From City Manager Fruin Why Mid -Sized Cities Love CDBG and HOME F ❑ Menu By Domenick Lasorsa on February21,2018 With the release of the 2019 fiscal year budget, cities remain concerned about the future of federal grant funding. For the second year in a row, the Trump Administration is proposing the elimination of major block grants in the Department of Housing and Urban Development. Those cuts include the Community Development Block Grant (CDBG) and HOME Investment Partnerships grant programs — two of America's most valuable programs for cities. The White House claims that CDBG and HOME grants have not demonstrated sufficient impact, and the programs have become outdated. However, in our recent story map, "CDBG and HOME: Essential Grants for Mid -Sized Cities", we showed that CDBG and HOME grants are essential programs for mid- sized cities and their citizens. According to the National League of Cities' 2017 Local Economic Conditions survey, mid-sized cities identified affordable housing, demand for survival services and skill alignment with employer needs as the top constraints negatively affecting their economic growth. After looking broadly at 41 mid-sized cities and doing extensive research on six — including Roanoke, Virginia, Waco, Texas, Independence, Missouri, Akron, Ohio, Little Rock, Arkansas, and Boulder, Colorado — we have found that cities are successfully using CDBG and HOME dollars to directly address these needs. The broad overview in the story map showcases how much funding each city gets, and how they spend their CDBG dollars. Each of the six case studies feature video interviews of elected officials to depict why CDBG and HOME grants are beneficial to their communities and interactive maps that illustrate where some projects have been completed in each city. Each city has unique needs, methods of utilizing their grant funding and success rates. In an NLC video, Mayor Mark Stodola of Little Rock, Arkansas, explains how his city is using CDBG and HOME grants to meet the needs of his community: https://ciUesspeak.org/2018/02/21 /why-mid-sized-cities-lovecdbg-and-home/?utm—campaign=editodal-content&utm_medium=email&utm_source=infer... 113 2/26/2018 Why Midsized Cities Love CDBG and HOME — CitiesSpeak Mayor Mark Stodola on CDBG and HOME C Cities are effectively using CDBG and HOME dollars to address the negative constraints they stated in the survey, including: Affordable Housing: In Independence, Missouri, the city used HOME funds to create the Mt. Washington Senior Housing, which provides six seniors with housing. Additionally, the city has created 4 units of affordable housing near Drumm Family Farm Demand for Survival Services: In Roanoke, Virginia, the city is using CDBG dollars to provide Community Based Prevention Services to fund staff and out -stationing costs to increase the accessibility and use of child abuse and neglect prevention services. Skills alignment with employer needs: Waco, Texas, has a Marginalized Worker Program that assists Mission Waco to recruit, train and advocate for low-income individuals. This program helps marginalized workers learn the skills necessary to be find and fill the necessary jobs in the community. https://citiesspeak.org/2018/02121 /why-mid-sized-cities-love-cdbg-and-home/?utm—campaign=editodal-conlent&ulm—med ium=emai18utm—source=1nfor... 213 2/26/2018 Why Midsized Cities Love CDBG and HOME — CitiesSpeak Overall, CDBG and HOME grants are essential for the success of mid-sized cities. Without them, cities are forced to cut other essential services or programs that are necessities for citizens. For many years, cities have been using these funds to create more affordable housing options, provide access to survival services (shelters, food, etc), and help residents access skills training to improve the job market. In 2018, cities will continue to fight to keep CDBG and HOME grants as part of the federal budget. Click to view the whole story map. About the Author: Domenick Lasorsa is the associate for Veterans and Special Needs at the National League of Cities. He is finishing his master's degree in public service at the University of Arkansas Clinton School of Public Service. Follow him on twitter @DomLasorsa. Tags: budge CDBG. Congress, fy 2019. home. White House https://ciUessp eak.org/2018/02/21 /why -mid-size dcif es-love-cdbg-and-home/?utm_campaign=editorial-content&utm_medium=emai I&utm_source=infor... 313 r IP10 CITY OF IOWA CITY MEMORANDUM Date: February 28, 2018 To: Mayor and City Council Members From: Kellie K. Fruehling, City Clerk Re: Listening Post Update In 2017 Council held four listening posts: • Thursday, April 27, 5:00-7:00 p.m., Broadway Neighborhood Center (Council Members Taylor and Thomas) • Thursday, June 15, 6:30-8:00 p.m., Kiwanis Park (in conjunction with Party in the Park) (Council Members Cole and Taylor) • Wednesday, September 6, 5:30-7:00 p.m., Uptown Bill's (Mayor Throgmorton and Council Member Mims) • Wednesday, November 15, 1:30-3:00 p.m., Oaknoll Retirement Residence (Mayor Pro tem Botchway and Council Member Taylor) Thus far in 2018 Council has held one listening post: • Thursday, February 22, 4:30-6:00 p.m., Kirkwood Community College — IC Campus (Mayor Pro tem Taylor and Council member Mims) No additional dates are currently scheduled. Suggested quarterly posts are May, August, and November. Future listening posts suggested sites include: o Farmer's Market (Wednesday or Saturday) o Baculis Mobile Home Park SAIsteningposNoca6onmemo — Nov 2017.doc LISTENING POST SUMMARY REPORT Date: 02.22.18 Location: Kirkwood Community College— Iowa City Campus Time of Listening Post: 4:30-6:OOpm Council Members Attending: Pauline Taylor & Susan Mims Approximate number who attended: 6 Topics discussed (bullet points): • Procter & Gamble —future plans • Do taller buildings increase the tax base • Liberty High — a "nice" facility • Daycare—difficult to find available and affordable daycare in this area • Potholes — have seen street crews out and about fixing them • Rental permit boundaries—concern over inability to sell homes in areas designated as higher rental areas —feels areas are "stigmatized" as "party areas" —as well as anyone wanting to buy property as a rental cannot do so • What can Council do to build relationship "connection" with Kirkwood faculty and students — recommended that Council be invited to attend faculty and or student meetings Public Comments on this location of listening post: • Attendees were happy with this location as it will help to build the "connection" mentioned above. Public Comment on future locations of the listening post: • N/A. Public Comments on the listening posts: • Attendees were glad to be able to talk with someone about any concerns they had. Any items/things that would improve future listening posts: • N/A. 03-07=18 IP12 `,.®ter CITY OF IOWA CITY MEMORANDUM Date: February 15, 2018 To: City Council Geoff Fruin, City Manager From: Ginalie Swaim, Chair, Historic Preservation Commission Jessica Bristow, Historic Preservation Planner Re: Historic Preservation Commission Annual Planning Session Report and Work Plan for Calendar Year 2018 IOWA CITY HISTORIC PRESERVATION COMMISSION Annual Planning Session Report Priority Issues for 2018 The Iowa City Historic Preservation Commission held its annual planning session on Thursday, February 8, 2018, as part of its regular monthly meeting, at 5:30 p.m. in Emma Harvat Hall. At this time, the Commission discussed and prioritized its activities and projects for the 2018 calendar year. Each year the Commission holds a planning session to review its progress in implementing the goals and objectives of the Historic Preservation Plan, and to set objectives for the upcoming year. This report details the results of that planning session, and is intended to serve as a guide for the Commission's activities for the upcoming calendar year. Key Projects: The Commission felt it was important to focus its efforts on current active projects for the upcoming year. These key projects include elements of many of the Goals outlined in Iowa City's Historic Preservation Plan. Local Landmark Designations: Originally added to the work plan during the 2015 calendar year, the Commission determined that the proactive effort to identify and nominate potential landmark properties is a critical project for continuation. Properties have been identified and researched by staff and a Commission Sub- committee. In 2017, a selection of 6 brick structures that represent selections of city history began the local landmark process. A National Register listed property was included in the group. In March the properties will be presented to the Planning and Zoning Commission. They will come before City Council after that. Once completed the Commission will likely begin the process for more properties. Civil Rights Grant Implementation: In late 2016, the City was successful in a grant request for the National Register Nomination, signage, and educational materials for the Tate Arms on Dubuque Street and Iowa Federation Home on Iowa Avenue. A committee including individuals in both the Preservation and African American communities has begun to discuss educational materials for those properties. The Office of the State Archeologist is preparing the National Register Nomination. Downtown District Survey Implementation: At the request of City Council, an updated downtown survey is underway and will be completed by June 1, 2018. The Commission is working with Alexa McDowell of Akay Consulting to review and update the 2001 survey to identify properties and/or areas of downtown that are eligible for listing in the National Register of Historic Places. Upon receipt of the results and recommendations generated from this survey, the Commission will have to re-evaluate its work plan to see how downtown preservation initiatives should be prioritized. Other Current Issues: HRDP Cabin Grant Implementation: In June 2016, the City was successful in a grant request to rehabilitate the roof structures of the City Park Cabins. Staff will continue to work with the Parks and Recreation Department as they implement the grant. The entire cabin rehabilitation project, including roof rehabilitation, is set to be complete by October 1, 2018. Historic Preservation Fund rollout: Staff and the Commission had a soft rollout of the new Historic Preservation Fund. A press release will soon be sent out to increase public knowledge of the program. Certified Local Government (CLG) Grants: In September 2017 the Commission was successful in three grant requests. Staff will create a Request for Proposal for each project. Consultants will then be hired. The grants include a preservation plan for the Summit Street Monument, National Register Nomination for the proposed Clinton Street and Railroad Historic District, and an intensive -level survey of the property at 2040 Waterfront Drive. Efforts to preserve the Sanxay-Gilmore House and the Park House Hotel/ St. Agatha's historic courtyard: The Chair of the Commission will continue to work on efforts to save the house from demolition while maintaining the Park House Hotel/St. Agatha's historic courtyard. Walking and Biking Tour Maps: In the past, the Commission had developed walking -tour maps of historic districts and landmark properties. The Commission will update them with volunteer help so that they may be included for RAGBRAI celebrations if needed and for public use. Commission Members: In July 2018, the Commission will lose four of its longest -serving Commissioners. In order to meet the Certified Local Government conditions, the Commission will make an effort to recruit applicants that meet several of the professional areas required by the State. Other Issues for Future Consideration beyond 2018: Preservation Conference: The Commission will work toward preparing for the possibility of hosting the Annual Iowa Preservation Summit in 2021. Working with Economic Development and the Chamber of Commerce the Commission will apply for a Certified Local Government Grant in 2019 to host the Summit. Education/Outreach: This includes efforts to organize special events and assist in the planning for the annual awards program in January. Many of the maps, brochures and other publications produced by the Commission in the past are in need of an update for web -based distribution. Digital Library: The City has valuable resources and information on historic properties in several different formats. Currently the ability for the public to access this information is dependent upon the format of the information. Digitizing hardcopy information and combining it in with existing digital information in a searchable online database would make this information about city history more available for property owners and researchers. Design Guideline Update: The current Historic Preservation Handbook, adopted in September 2010 and revised from the original adoption in June 2000, will need to be revised to include the current updated maps of all districts, revised lists of local and National Register landmarks, and updated guidelines. While it does not appear that major changes will be necessary, the update will ensure consistency. Tax Abatement: The Commission and other local preservation groups may consider working with the county to develop and implement a state -mandated property tax abatement program. Additional Survey and Evaluation Work: Additional survey areas for the Commission to consider in future years include Kirkwood Avenue and the Lucas Farms Neighborhood. Other Items: • Continue annual reminder letter to Historic and Conservation District and Landmark property owners and possibly develop this into a friendly brochure. • Continue to update the Iowa City Historic Preservation Facebook Page. • Continue to work with other Iowa City and Johnson County preservation organizations. February 2018 From City GLORIA DEI LUTHERAN CHURCH A Congregation of the Evangelical Lutheran Church in Amerira 123 EAST MARKET STREET IOWA CITY, IOWA 52245.1731 (319) 338-2893 FAX (319) 338-1899 February 21, 2018 To: The Honorable Mayor, James Throgmorton; City of Iowa City Ms. Ginalie Swaim; Chairperson, Iowa City Historic Preservation Commission Re: Gloria Dei Christus House (Sanxay-Gilmore House)109 East Market Street Representatives of Gloria Dei Lutheran Church appreciate the thoughtful dialogue we have shared over the last several weeks in regard to our proposal to relocate and to restore the Christus House on the green space on the north side of the 100 block of East Jefferson Street. The history of the house, believed to have been built in 1843, and the significance of green space within the Jefferson Street Historic District have been highlighted. We have heard the concerns you expressed of the negative impact of relocating the house to the green space might have on the neighborhood and on the entire historic district. Based on the information we have received from The State Office of Historic Preservation, The Iowa City Historic Preservation Commission, and The Friends of Historic Preservation as well as concerns expressed by Iowa City Councilors, we have reconsidered our proposal. Gloria Dei congregation will no longer pursue nor support moving the house to the green space on the 100 block of Jefferson Street or to any other location on the current block. The congregation wishes to thank the Hodge Family for their willingness to consider donating their land for the move. It was a wonderful offer we now find the congregation must decline. Having been good stewards of the historic house for over 25 years, Gloria Dei congregation has determined that we can no longer continue in that role. The stewardship of the house must be passed on to others whose mission and expertise maich the need. Since 1858, Gloria Del Lutheran Church's mission on the corner of Dubuque and Market Streets has been to spread the good news of Jesus Christ to our community. These last few months have been spent in discernment on how best to continue our support for the Lutheran Campus Ministry — to whom we have gifted the use of the Christus House—and their mission to work with the students of the University of Iowa. We must clearly declare our mission is not about a historic structure; our mission is sharing the message of God's saving gracel -M_0T-Tff IP13 GLORIA DEI LUTHERAN CHURCH A Congregation of the Evangelical Lutheran Church in America 123 EAST MARKET STREET IOWA CITY, IOWA 52245-1731 (319) 338.2993 FAX (319) 338-1899 We are thankful to the leadership of the University of Iowa for their support in the purchase of our two houses which will allow the congregation to maintain our facilities and continue our mission to serve all people, especially students and members of the University of Iowa community. Their expressed and steadfast support for faith -based churches in the heart of our community and near the campus is deeply appreciated. Therefore, the Gloria Dei congregation desires to gift the Christus House (Sanxay-Gilmore House) to an entity whose mission Is to preserve Iowa City's historic properties and who has the financial resources to relocate, restore, and maintain the house In a safe location beyond the current block in which it is located. We will assist in the relocation effortto an approved site by donating $50,000 forthat purpose. We invite you to find a qualified steward and a safe location, out of development's way, so that the house may be preserved for future generations. Jean Donham Vice President, Gloria Dei Lutheran Church cc: Geoff Fruin, City of Iowa City David Kieft, Jessup Hall, The University of Iowa Alicia Trimble, Friends of Historic Preservation Iowa City Press Citizen The Gazette Roger Dykstra Senior Pastor, Gloria Dei Lutheran Church 03-01-18- IP14 Minutes of the Joint Meeting of the Johnson County Board of Supervisors, City of Iowa City, City of Coralville, City of North Liberty, City of Tiffin, City of Hills, City of Swisher, City of University Heights, Iowa City Community School District Board, and Clear Creek Amana School District on Monday, January 22, 2018 at City Hall in Coralville; Council Chambers at 4:30 pm. Mayor Pro -tem Mitch Gross welcomed everyone and they introduced themselves. Johnson County Board of Supervisors present: Carberry, Friese, Green -Douglas, Sullivan Iowa City Council present: Cole, Mims, Taylor, Thomas Coralville Council present: Mayor Pro -tem Gross, Dodds, Goodrich North Liberty Council present: Mayor Donahue University Heights Council present: None Hills Council present: Mayor Kemp Solon: Mayor Stange Swisher Council present: None Iowa City Community School District Board: Eyestone, Godwin, Roetlin Staff members from the school districts and local governments were in attendance along with members of the public. Johnson County Supervisor Green -Douglas gave an update on the Crisis Intervention Team/Training and Facilities. She explained Johnson County has a property under consideration and money budgeted for an Access Center. Green -Douglass asked communities and governmental agencies to let the County know how much they are willing to contribute to the facility and operations of the Crisis Intervention Team to help them budget for the program. Iowa City Councilperson Mims reported Johnson County and Iowa City are close to bringing this program to fruition. They have researched the program, visited an Access Center in San Antonio, had authorities trained in crisis intervention in San Antonio, conducted three training sessions in Johnson County and provided crisis intervention training to 190 local law enforcement officers. Iowa City has budgeted capital costs for an Access Center. They are working on 28E Agreements with the University of Iowa to manage the facility and provide services, and other communities to provide capital and operational funding. The Access Center will house the crisis outreach team who can connect people in crisis to outside services and programs and provide follow up to help keep them out of crisis, emergency rooms and jails. Mims noted it is important to keep the words "access center' in the facility name and not to use the word "crisis" to clarify the facility's function. Iowa City Manager Geoff Fruin reported the Iowa City Council has discussed budgeting money to conduct an Hours of Operation Analysis for their transit system in order to look at how they run their routes and their hours of operation. Fruin invited other transit systems to join Iowa City in the study and let them know as they try to define the scope of the 12 months study this February and March with hopes of starting it by July. Iowa City Councilperson Mims encouraged other transit systems in Johnson County to join in order to make the study better and develop a more coordinated system across the region. Johnson County Supervisor Carberry noted the County has a vest interest because of SEATS and he is on the Community Transportation Committee which is interested in providing transportation to people working 2nd and 31 shifts, and Sundays. Iowa City Councilperson Taylor reported and read the University of Iowa/Iowa City Joint Declaration for a Theme Semester. The theme is "Climate of Change" and fits well with Iowa City's conversations and strategic plans for sustainability and environmental consciousness. The four goals of this program are to promote attention to the theme as a crucial field of study across all the University colleges; building relationships among groups and individuals; engaging Iowans in a semester long conversation on the topic; and securing initiatives from the semester to benefit future generations. The University already has 16 activities planned with some highlighting the river. Iowa City Manager Geoff Fruin reported Iowa City Councilperson Botchway request the topic of "Ideas for potential regional initiatives", but was not able to attend the meeting. They hope to discuss the topic at a future Joint Meeting. Coralville Mayor Pro -tem Mitch Gross introduced Coralville Director of Parks & Recreation Sherri Proud who proceeded to give a presentation on the new Coralville Cross Course ("Creekside Cross") and off-road trail systems. The Creekside Cross is an adjustable two to three-mile cyclocross course near the Creekside Ball Park. Proud discussed the partnerships and development of the course. The course is not just for cyclocross but also running, cross country skiing, snowshoeing and hiking. The course is open from July till the spring thaw. The Woodpecker Single Track Trail is a three-mile course six to twelve inches wide and provides challenging off-road biking. It is mostly a green course with a shorter more challenging blue track area. Proud noted they will add another two miles to the trail this coming season. Johnson County Supervisor Carberry asked about the connection of the Clear Creek Trail to the Tiffin trail system. Proud responded the Clear Creek Trail Phases 5 & 6 will be 1.2 miles and include seven underpasses and two Clear Creek bridges to get past 1-80 and 1-380 to Tiffin. After the bids are accepted and contract approved in February it will take 16 to 18 months to complete. For new business, Johnson County Supervisor Sullivan asked if the school district could give an update on their planning and construction projects at the next meeting. Citizen Bob Welch asked officials in attendance to remember the importance of providing accessible and affordable housing. Johnson County Supervisor Carberry invited everyone to attend a forum titled "Senior Housing Affordable and Accessible?" February 12"' at 2:00 pm at the Coralville Public Library hosted by the Johnson County Task Force on Aging. The Iowa City School District will host the next Joint Meeting on April 161 with the reception at 4:00 pm and the meeting starting at 4:30 pm. The meeting adjourned at 5:15 pm. Mitch Gross, Coralville Mayor Pro -tem Thorsten J. Johnson, Coralville City Clerk Jim Dickerson, PGA Golf FLED FEB 2 2 2018 City Clerk Iowa City, Iowa February 8, 2018 TO: The Honorable Mayor and the City Council 319-351-0596 p 3 RE: Civil Service Entrance Examination — Mass Transit Operator -4 CITY OF IOWA CITY 410 East WaSn, nglon Street Iowa City, loan 52 240-1826 (3 191 356-5000 (3 191 356.5009 FAX ww tr.I Cgov-orb Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Mass Transit Operator. Robin Castillo Elysee Kossivi Agbogbo IOWA CITY CIVIL SERVICE COMMISSION 03-01-18 IP15 Jim IJIcKerson. HUA UoIT February 5, 2018 TO: The Honorable Mayor and the City Council 151 -351-UM10 p.l RE: Civil Service Entrance Examination — Senior Engineer —03aTi8— IP16 Ir NiT CITY OF IOWA CITY 410 EaS1 W351hinglon StrCCI Iowa CQY. Iowa 52240-1326 131 91 356-5000 13191 356-5009 FAX vw5v.lcg0V.0rg Under the authority of the Civil Service Commission of Iowa City, Iowa, I do hereby certify the following named person(s) as eligible for the position of Senior Engineer. FILED FEB 2 2 2018 City Clerk Iowa City, Iowa Joseph Welter SERVICE COMMISSION 0-0-f=fa IN Minutes for the Human Rights Commission Work Session February 22, 2018 Halling Conference Room Commission Members Present: Jeff Falk, Eliza Willis, Joe Coulter, Adil Adams, Tahuanty Pena, Cathy McGinnis, Jonathon Munoz, Arianna Aron. Commission Members Absent: Barbara Kutzko Staff Present: Stefanie Bowers Others Present: Jeff Schott Recommendations to Council: No. 1. Call to Order: Chair Willis called the meeting to order a 2. Approval of the January 23, 2018 Meeting Minutes: The minutes will be amended to reflect that not all Commissioners followed the agreement to not duplicate rankings. Coulter moved to approve the minutes; the motion was seconded b vote was taken and the motion passed 7-0. (Adams not present). 3. Funding Request: United Nations Associatio Johnson County: The event will be held on March 7 at the Robert A. Lee Recreation Center starting at 6 PM. Sponsorships from the event will raise funds for the Shabele Primary School in the Kakuma Refugee Camp in Kenya. Coulter moved to approve the funding request at $250.00; the motion was seconded by Mun A vote was taken and the motion passed 7-0. (Adams not present). 4. Strategic Planning Session: See attachment. Follow up meeting on the plan scheduled for March 27, 2018. Adjournment: Motion to adjourn at 8:06 PM. The next Commission meeting will be on Wednesday, March 20, 2018. k2 Member Attendance Sheet Member Term Exp. 1/9 1/23 2/22 3/20 3/27 4/17 5/15 6/19 7/ 8/21 9/18 10/16 11/20 12/11 Aron 1/2021 Present Excused Present McGinnis 1/2021 Present Present Present Munoz 1/2021 Present Present Present Kutzko 1/2020 Excused Present Excused Falk 1/2020 Present Present Present Pena 11/2020 Present Present Present Coulter Adams 1/2019 1/2019 Present Present Present Present Present Present �l 2 IOWA CITY HUMAN RIGHT COMMISSION STRATEGIC PLANNING SESSION REPORT 2018 Facilitated by: Jeff Schott Institute of Public Affairs University of Iowa IOWA CITY HUMAN RIGHTS COMMISSION STRATEGIC PLANNING SESSION 2018 TABLE OF CONTENTS Introduction.................................................................................... Page 3 Strategic Planning Session.................................................................. Page 3 Update — 2014 Goals/Priorities...................................................... Page 4 General Duties of HRC ............................................................ Page 4 Areas of Interest........................................................................... Page 5 Accomplishments......................................................................... Page 7 Issues, Concerns, Trends, and Opportunities .......................................... Page 8 On -Going Commitments.................................................................. Page 10 New Priority Projects, Programs or Initiatives ........................................ Page 11 Organizational Effectiveness Initiatives ............................................. Page 11 FinalComments................................................................................................. Page 12 Exhibit A — Significant Projects, Programs, Policies, and Initiatives Considered Page 13 N IOWA CITY HUMAN RIGHTS COMMISSION STRATEGIC PLANNING SESSION 2018 Introduction The Iowa City Human Rights Commission (ICHRC) requested the Institute of Public Affairs (IPA) to assist the Commission with strategic planning. IPA agreed to organize and facilitate a process that involved the following steps: 1. Prepare a questionnaire to ICHRC Commissioners a regarding: the key purposes of the Commission, recent accomplishments, issues/trends/concerns/opportunities, potential new initiatives, programs, or policies and suggestions to improve organizational effectiveness; 2. Conduct a strategic planning session with Commission r; Preparation of this report. Strategic Planning Session A strategic planning session with ICHRC was held on February 22, 2018, at the Helling Conference Room in Iowa City City Hall. The following Commission members were in attendance and participated at this meeting: Eliza Jane Willis (Chair), Joe Coulter, Adil D. Adams, Jeff Falk, Tahuanty Pena (Vice Chair), Arianna Aron, Cathy McGinnis, and Jonathon Munoz. Also in attendance and participating in the session was ICHRC Coordinator Stefanie Bowers. Update - 2014 Goals/Priorities The participants reviewed the status of implementing the following goals/priorities as established during ICHRC previous planning session in 2014: 2014 Review On -Going Commitments • Youth Awards. • Awards breakfast. • Building Blocks to Employment job Fair. • Mayoral proclamations. • Gentinuing Educational programs. • Centinui-ng Outreach efforts. • Compliance with Chapter 2 of the Municipal Code. New Priority Proiects. Programs. and Initiatives • Develop listening posts for outreach to target communities. • Enhance presence with quarterly presentations to City Council on Commission events, programs and initiatives. • Affordable/universal/accessible housing — educational programs • Hold meetings with various community groups. General Duties of the Human Rights Commission HRC Coordinator Stefanie Bowes reviewed the general duties, powers and responsibilities of HRC as set forth in Chapter 2 of the Iowa City Municipal Code. Areas of Interest The participants reviewed and discussed the following areas of interest that the Commissioners felt HRC should be involved in: Community • Events revolving around people of color and their history in the form of activities, conferences, programs etc. • I would also like to see little libraries in underprivileged neighborhoods. Part of that, would be inviting the community to participate in the making of these libraries. • Any area under the broad range of topics in the Universal Declaration of Human Rights within the geographic area of Iowa City and its immediate surroundings. These would include discrimination in employment, housing, schooling, and facilities,, standards of living, law enforcement, and judicial proceedings. • Get more involved with housing issues in the community, especially in terms of the impact on undocumented and documented immigrants who appear to be suffering from discrimination. • Consider the equity issues raised by current eviction policies and practices. We should maintain and expand our relationships with organizations working for greater equity and nondiscrimination in our community. • Developing a list of community organizations concerned with social justice issues that may benefit from our assistance. • Community education regarding Racial Equity • LGBTQI — community education • Social equity in affordable, accessible housing. • Increased funding for social justice and racial equity grants • Johnson County/Iowa City Access Center Project. • More community meetings and townhalls and events. • Social justice activities for young generations to participate in all activities and try to get donations. • General education regarding human rights and the role of the commission. For example, explaining the power of municipal HRCs in general and the federal and international framework, e.g. ICERD, which informs that power. • The HRC should be able strive to educate the residents of Iowa City how to best practice human rights in their day to day interactions with others, and the resources available to them to help them do that. • Voter registration in areas of the city that are under -represented • Voter participation rates in non -presidential elections • Community ID • Immigrant rights Schools • Changing the curriculum used in schools around history. • Having the accurate information on black history. • Learning about other people in the civil rights era vs. year after year learning about the same individuals. • Having administration, teachers, and support staff of color throughout the district. o Racial equity in the school system and the wider community. • Tate High School is often forgotten about when it comes to outreach efforts. Tate is part of ICCSD but often the stigma surrounding Tate prevents community members and programs from reaching out. o Programming that is offered in West and City should also be offered at Tate. Public Safety • A role in responding to hate crimes or incidents when they occur. • Developing a rapid response team with re: to hate crimes and bias crimes. • Obtaining information regarding Community Police Review Board and • Obtaining information/communication with Police Department 0 Accomplishments The following were identified as recent accomplishments of ICHRC: • Outreach to Broadway and Pheasant Ridge (Overcharging on rent). • Organizing a number of programs and panel discussions. • Co -sponsoring similar events with other groups. • SJRE Grants: o Evaluating and submitting recommendations for the City SJRE grants. o Designing procedures for the SJRE grant. • Review & responses to requests for funding • Human rights awards and recognition program. • Participated in planning, sponsorship, and activities re: MLK Day. • Participated in Iowa City Pride. • Participated in planning and sponsorships of Juneteenth activities. • Community building exercise in 2016. • Community IDs. • Focus on the issues involving immigrants/Muslims. • Obtained recognition for Indigenous Peoples Day. • Participation in City Manager's Roundtable. • Crossing Bridges conference. • Know Your Rights —Domestic Abuse. • Activities at the Coralville and Iowa City library with immigrant communities. • Preparation/distribution of educational materials by HRC staff. For a more complete list of accomplishments, refer to the Commission's annual reports. Issues, Concerns, Trends and Opportunities The following were identified as issues, concerns, trends, and opportunities that may affect future ICHRC services, policies, programs or operations: Community Outreach/Support • Find more supports, activities or programming for young men specifically young men of color. • Status and quality of life for undocumented or documented immigrants. • Access to parks and outdoor /indoor recreational activities. • Education about human rights and a need for people to speak out against some of the hateful things we are seeing and hearing. Education • Establish programming in/out of school, extracurricular activities, trips that will be inclusive for all youth, backgrounds, race, ethnicity, and gender. • Classes devoted to the real history of ALL youth of color. • Create 3 events that align with the trimester system used in high schools in ICCSD. Each trimester, there will be an event, activity, program etc. made for all youth of color. • The financial and geographic disparity within the ICCSD needs to be investigated and discussed for its current effects and future implications. • Fairness and equity in the school environment. Housine • Housing conditions and building code enforcement. • Evictions: trends and enforcement in small claims court for fairness and compassion. Domestic violence and violence in general. • Affordable housing. • Mortgage red linin practices, primarily against Latino applicants (Iowa City has high percentage of denials). Public Safety • Information regarding police training and recruitment, for example training on the use of a weapon. • Iowa City Substation needs to be community friendly. The doors are always closed and are tinted so you never know if they are open or not. • The grave threats faced by undocumented immigrants. • Hate crimes. • Increase in bias incidents. • Increase in incidents of violence; need to promote ALICE training. • Disproportionate minority contact and incarceration. • Equity for criminal defendants. • Opioid epidemic. • Access Center development. • Racial and Ethnic diversity of police force - need to reflect the community. • Language access, including for persons accused of crimes. Transportation • Transportation availability and its relation to financial ability • Sidewalk accessibility in certain parts of town Other • Coping with climate change - equity impact. • A new set and clear goals and objectives, or a strategic plan, for Commissioners to follow. • Responsibilities and expectations of the Human Rights Commission in the coming years as our community continues to grow. • Recruiting more leadership from the immigrant communities. • Support for Neighborhood Centers. • Support for organizations who positively impact community. • Publish a magazine every three month that reflects on human rights. • Keep addressing the issue of diversity among the community. • Promote social justice and other values of the Commission. • Human rights issues that are important for the city but cannot be addressed by the city. Relationship between the city and university on human rights issues. On -Going Commitments The following were identified as on-going commitments of the Commission for the upcoming 24 — 36 month period: • Continue Youth Awards. • Continue Awards breakfast. • Building Blocks for Employment Job Fair. • Mayoral proclamations. • Continue educational programs. o Continue educational programs re affordable/universal/accessible housing • Continue outreach efforts. • Continue voter registration activities in areas of the city that are under- represented • Continue support for Community ID program • Compliance with Chapter 2 of the Municipal Code. New Priority Projects, Programs and Initiatives The following were identified as new priority projects, programs, and initiatives of the Commission for the upcoming 24 - 36 month period (listed in priority order): 1. Affordable housing — work with landlords regarding background and credit checks which can make it very difficult for some to find adequate housing 2. (Tie) Have more speakers of color and other diverse backgrounds to come to Iowa City to talk about current issues (Tie) Develop youth -oriented education programs and activities (Tie) Develop and disseminate city and/or county -wide newsletter listing events and programs related to human rights 5 (Tie) Year-round event, all of which should take place in Lakeside, Broadway, Pheasant Ridge and all mobile home courts. (Tie) More Commissioner participation in events. 7. (Tie) Develop plan/program to more effectively collaborate with other city agencies, organizations, non -profits. (Tie) Involvement with Johnson County/Iowa City Access center development and staffing Organizational Effectiveness Initiatives Due to time limitations, review and discussion of ideas relating to improving organizational effectiveness were deferred to a subsequent session. 11 Final Comments It was a pleasure to once again assist the Iowa City Human Rights Commission with this project. It is important to note that the prioritization of projects and initiatives is not "cast in stone." They can be modified as new circumstances may occur. It is recommended that staff prepare an "action plan" for accomplishing the planning goals. The action plan would define the steps that would be needed to accomplish each goal, identify who is responsible for implementation, and establish a timeline for accomplishment. The action plan should then be presented to the Commission for review and approval. It is also recommended that staff review with the Commission the status of implementing the goals on a quarterly basis. Jeff Schott Institute of Public Affairs The University of Iowa February 23, 2018 12 Exhibit A Iowa City Human Rights Commission Strategic Planning Session — 2018 SIGNIFICANT NEW INITIATIVES, PROGRAMS, OR POLICIES • Having more speakers of color come to our City and talk about current issues. • Youth version of Human Rights Commission or create a group made specifically for youth in our community. • Year-round events all of which should take place in the Lakeside, Broadway, Pheasant Ridge, and all trailer home courts. • Perhaps a citywide "contest" to increase voter participation in city or county elections in non=presidential years. • City and/or county wide newsletter listing events and programs related to human rights. • Develop plan/program to more effectively collaborate with other city agencies, services, organizations, and non -profits, etc. • Affordable housing - working with landlords regarding their background and credit checks, which can make it very difficult for some people to find adequate housing. • Encourage more immigrant membership on city boards/commissions • Support soccer competitions with other communities or cities. • Involvement with Johnson County/Iowa City Access Center Development and Staffing. • City -sponsored grant writing workshops (e.g. general principles and methods). • More Commissioner participation in events • Develop rapid response team to respond to hate crimes • Develop youth -oriented education programs and activities 13