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Senate
File
2345
-
Introduced
SENATE
FILE
2345
BY
GREEN
A
BILL
FOR
An
Act
relating
to
notice
of
immunization
exemptions
and
1
providing
civil
penalties.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
139A.8,
subsection
4,
paragraph
c,
Code
1
2026,
is
amended
to
read
as
follows:
2
c.
Information
regarding
exemptions
and
the
requirements
3
for
an
exemption
under
this
subsection
shall
be
included
in
4
any
public
communication
following
the
recommendation
of
an
5
immunization
by
the
department
pursuant
to
subsection
2
,
shall
6
be
included
in
any
communication
distributed
to
the
public
by
7
a
local
public
health
department,
and
in
any
communication
8
regarding
immunizations
to
a
parent
or
legal
guardian
from
a
9
school
,
and
.
The
information
shall
also
be
published
on
the
10
internet
sites
of
and
included
in
registration
documentation
11
for
all
elementary
schools,
secondary
schools,
and
licensed
12
child
care
centers.
13
Sec.
2.
Section
139A.8,
subsection
4,
Code
2026,
is
amended
14
by
adding
the
following
new
paragraph:
15
NEW
PARAGRAPH
.
d.
A
violation
of
this
subsection
shall
16
be
subject
to
a
civil
penalty
in
the
amount
of
one
thousand
17
dollars
per
violation,
to
be
collected
by
the
department.
18
Moneys
from
civil
penalties
shall
be
deposited
in
the
general
19
fund
of
the
state.
20
Sec.
3.
Section
237A.3C,
Code
2026,
is
amended
to
read
as
21
follows:
22
237A.3C
Immunization
information
——
penalty
.
23
1.
Each
child
care
center,
child
care
facility,
child
care
24
home,
and
child
development
home
shall
include
information
25
regarding
the
exemptions
and
requirements
for
an
exemption
26
described
in
section
139A.8,
subsection
4
,
in
any
communication
27
to
the
parent
or
guardian
of
a
child
that
is
related
to
the
28
immunizations
required
under
section
139A.8
.
29
2.
A
child
care
center,
child
care
facility,
child
care
30
home,
or
child
development
home
that
violates
this
section
31
shall
be
subject
to
a
civil
penalty
in
the
amount
of
one
32
thousand
dollars
per
violation,
to
be
collected
by
the
33
department.
Moneys
from
civil
penalties
shall
be
deposited
in
34
the
general
fund
of
the
state.
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Sec.
4.
NEW
SECTION
.
256.45A
Immunization
information
——
1
penalty.
2
A
school
district,
accredited
nonpublic
school,
charter
3
school,
innovation
zone
school,
or
eligible
institution
as
4
defined
in
section
256.183
that
fails
to
adhere
to
the
policies
5
adopted
by
the
department
pursuant
to
section
256.7,
subsection
6
15,
and
section
256.183,
subsection
1,
paragraph
“k”
,
shall
7
be
subject
to
a
civil
penalty
in
the
amount
of
one
thousand
8
dollars
per
violation,
to
be
collected
by
the
department
of
9
health
and
human
services.
Moneys
from
civil
penalties
shall
10
be
deposited
in
the
general
fund
of
the
state.
11
Sec.
5.
Section
256.183,
subsection
3,
Code
2026,
is
amended
12
to
read
as
follows:
13
3.
“Eligible
institution”
means
an
institution
of
higher
14
learning
located
in
Iowa
which
is
operated
privately
and
15
not
controlled
or
administered
by
any
state
agency
or
any
16
subdivision
of
the
state,
which
is
not
exempt
from
taxation
17
under
section
501(c)(3)
of
the
Internal
Revenue
Code,
and
which
18
meets
all
of
the
criteria
in
subsection
1
,
paragraphs
“d”
19
through
“k”
,
and
or
is
a
school
of
barbering
and
cosmetology
20
arts
and
sciences
licensed
under
chapter
157
and
is
accredited
21
by
a
national
accrediting
agency
recognized
by
the
United
22
States
department
of
education.
For
the
fiscal
year
beginning
23
July
1,
2017,
such
a
school
of
barbering
and
cosmetology
arts
24
and
sciences
shall
provide
a
matching
aggregate
amount
of
25
institutional
financial
aid
equal
to
at
least
seventy-five
26
percent
of
the
amount
received
by
the
institution’s
students
27
for
Iowa
tuition
grant
assistance
under
section
256.191
.
For
28
the
fiscal
year
beginning
July
1,
2018,
the
school
of
barbering
29
and
cosmetology
arts
and
sciences
shall
provide
a
matching
30
aggregate
amount
of
institutional
financial
aid
equal
to
at
31
least
eighty-five
percent
of
the
amount
received
in
that
fiscal
32
year.
Commencing
with
the
fiscal
year
beginning
July
1,
2019,
33
and
each
succeeding
fiscal
year,
the
matching
aggregate
amount
34
of
institutional
financial
aid
shall
be
at
least
equal
to
the
35
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match
provided
by
eligible
institutions
under
section
261.9,
1
subsection
3
,
paragraph
“a”
,
Code
2023.
2
Sec.
6.
NEW
SECTION
.
260C.10B
Immunization
information
——
3
penalty.
4
A
community
college
that
fails
to
comply
with
the
rules
5
adopted
by
the
department
pursuant
to
section
260C.14,
6
subsection
26,
shall
be
subject
to
a
civil
penalty
in
the
7
amount
of
one
thousand
dollars
per
violation,
to
be
collected
8
by
the
department
of
health
and
human
services.
Moneys
from
9
civil
penalties
shall
be
deposited
in
the
general
fund
of
the
10
state.
11
Sec.
7.
NEW
SECTION
.
262.34C
Immunization
information
——
12
penalty.
13
An
institution
of
higher
education
under
the
control
of
the
14
board
that
fails
to
comply
with
the
rules
adopted
pursuant
15
to
section
262.9,
subsection
42,
shall
be
subject
to
a
civil
16
penalty
in
the
amount
of
one
thousand
dollars
per
violation,
to
17
be
collected
by
the
department
of
health
and
human
services.
18
Moneys
collected
from
civil
penalties
shall
be
deposited
in
the
19
general
fund
of
the
state.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
notice
of
immunization
exemptions.
24
Under
current
law,
all
children
enrolled
in
any
licensed
25
child
care
center
or
elementary
or
secondary
school
in
the
26
state
are
required
to
have
certain
immunizations,
subject
27
to
specific
religious
and
health
exemptions
(exemptions).
28
Local
public
health
departments
are
not
required
to
include
29
information
about
exemptions
or
the
requirements
for
obtaining
30
an
exemption
in
any
public
communication.
Child
care
centers,
31
child
care
facilities,
child
care
homes,
child
development
32
homes,
school
districts,
accredited
nonpublic
schools,
charter
33
schools,
innovation
zone
schools,
eligible
institutions
as
34
defined
in
Code
section
256.183,
community
colleges,
and
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2345
institutions
of
higher
education
under
the
control
of
the
board
1
of
regents
are
required
by
statute,
rule,
or
policy
to
include
2
such
information
in
immunization-related
communications.
The
3
bill
amends
the
definition
of
eligible
institution
under
Code
4
section
256.183.
5
The
bill
requires
local
public
health
departments
to
6
include
information
about
exemptions
and
the
requirements
for
7
obtaining
an
exemption
in
all
communications
distributed
to
the
8
public
following
the
recommendation
of
an
immunization
by
the
9
department
of
health
and
human
services
(HHS).
10
The
bill
provides
for
a
civil
penalty
of
$1,000
per
violation
11
for
a
failure
to
comply
with
the
laws
of
this
state,
or
to
12
adhere
to
a
rule
or
policy
adopted
by
the
department
of
13
education
or
the
board
of
regents
relating
to
information
on
14
exemptions.
Moneys
collected
from
civil
penalties
by
HHS
shall
15
be
deposited
in
the
general
fund
of
the
state.
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