House File 2289 - Introduced



                                       HOUSE FILE       
                                       BY  UPMEYER and KAUFMANN


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act providing for the retention of fees by licensing boards,
  2    and the bureau of radiological health, under the purview of
  3    the Iowa department of public health, and providing an
  4    effective date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 TLSB 5457YH 81
  7 rn/cf/24

PAG LIN



  1  1    Section 1.  Section 136C.10, Code Supplement 2005, is
  1  2 amended to read as follows:
  1  3    136C.10  FEES.
  1  4    1.  a.  The department shall establish and collect fees for
  1  5 the licensing and amendment of licenses for radioactive
  1  6 materials, the registration of radiation machines, the
  1  7 periodic inspection of radiation machines and radioactive
  1  8 materials, and the implementation of section 136C.3,
  1  9 subsection 2.  Fees shall be in amounts sufficient to defray
  1 10 the cost of administering this chapter.  The license fee may
  1 11 include the cost of environmental surveillance activities to
  1 12 assess the radiological impact of activities conducted by
  1 13 licensees.
  1 14    b.  Fees collected shall be remitted to the treasurer of
  1 15 state who shall deposit the funds in the general fund of the
  1 16 state.  However, the fees collected from the licensing,
  1 17 registration, authorization, accreditation, and inspection of
  1 18 radiation machines used for mammographically guided breast
  1 19 biopsy, screening, and diagnostic mammography shall be used to
  1 20 support the department's administration of this chapter and
  1 21 the fees collected shall be considered repayment receipts, as
  1 22 defined in section 8.2.
  1 23    c.  b.  When a registrant or licensee fails to pay the
  1 24 applicable fee the department may suspend or revoke the
  1 25 registration or license or may issue an appropriate order.
  1 26 Fees for the license, amendment of a license, and inspection
  1 27 of radioactive material shall not exceed the fees prescribed
  1 28 by the United States nuclear regulatory commission.
  1 29    2.  The department may establish and collect a fee related
  1 30 to transporting radioactive material if the fee is used for a
  1 31 purpose related to transporting radioactive material,
  1 32 including enforcement and planning, developing, and
  1 33 maintaining a capability for emergency response.  The fees
  1 34 shall be established by rules adopted pursuant to chapter 17A,
  1 35 and shall be deposited into a special fund within the state
  2  1 treasury under the exclusive authority of the department.
  2  2 Amounts deposited in the special fund shall be considered
  2  3 repayment receipts as defined in section 8.2, and shall not be
  2  4 transferred, used, obligated, appropriated, or otherwise
  2  5 encumbered except as provided in this section.  Repayment
  2  6 receipts collected and deposited pursuant to this section that
  2  7 remain unencumbered or unobligated at the close of the fiscal
  2  8 year shall not revert but shall remain available for
  2  9 expenditure for the purposes designated in future fiscal
  2 10 years.
  2 11    3.  The department may establish and collect fees from
  2 12 persons providing mammography services to assure compliance
  2 13 with applicable rules and the federal Mammography Quality
  2 14 Standards Act of 1992, Pub. L. No. 102=539, as amended.  Fees
  2 15 shall be in an amount determined by the department by rule and
  2 16 all fees collected shall be used to support the department's
  2 17 mammography program.
  2 18    4.  Fees collected pursuant to this section shall be
  2 19 retained by the department, shall be considered repayment
  2 20 receipts as defined in section 8.2, and shall be used for the
  2 21 purposes described in this section.  Notwithstanding section
  2 22 8.33, moneys retained by the department pursuant to this
  2 23 subsection are not subject to reversion to the general fund of
  2 24 the state.
  2 25    Sec. 2.  Section 147.13, Code Supplement 2005, is amended
  2 26 by adding the following new subsections:
  2 27    NEW SUBSECTION.  22.  For hearing aids, hearing aid
  2 28 dispenser examiners.
  2 29    NEW SUBSECTION.  23.  For nursing home administrators,
  2 30 nursing home administrators examiners.
  2 31    Sec. 3.  Section 147.25, unnumbered paragraph 4, Code 2005,
  2 32 is amended to read as follows:
  2 33    In addition to any other fee provided by law, a fee may be
  2 34 set by the respective examining boards for each license and
  2 35 renewal of a license to practice a profession, which fee shall
  3  1 be based on the annual cost of collecting information for use
  3  2 by the department in the administration of the system of
  3  3 health personnel statistics established by this section.  The
  3  4 fee shall be collected, transmitted to the treasurer of state
  3  5 and deposited in the general fund of the state in the manner
  3  6 in which license and renewal fees of the respective
  3  7 professions are collected, transmitted, and deposited in the
  3  8 general fund retained by the respective examining boards in
  3  9 the manner in which license and renewal fees are retained in
  3 10 section 147.82.
  3 11    Sec. 4.  Section 147.80, Code Supplement 2005, is amended
  3 12 by adding the following new subsections:
  3 13    NEW SUBSECTION.  29A.  License to practice hearing aid
  3 14 dispensing, license to practice hearing aid dispensing under a
  3 15 reciprocal license, or renewal of a license to practice
  3 16 hearing aid dispensing.
  3 17    NEW SUBSECTION.  29B.  License to practice nursing home
  3 18 administration, license to practice nursing home
  3 19 administration under a reciprocal license, or renewal of a
  3 20 license to practice nursing home administration.
  3 21    Sec. 5.  Section 147.82, Code Supplement 2005, is amended
  3 22 by striking the section and inserting in lieu thereof the
  3 23 following:
  3 24    147.82  FEES.
  3 25    All fees collected by an examining board listed in section
  3 26 147.80 or by the department for the bureau of professional
  3 27 licensure, and fees collected pursuant to sections 124.301 and
  3 28 147.80 and chapter 155A by the board of pharmacy, shall be
  3 29 retained by each examining board or by the department for the
  3 30 bureau of professional licensure.  The moneys retained by an
  3 31 examining board shall be used for any of the board's duties.
  3 32 Revenues retained by an examining board pursuant to this
  3 33 section shall be considered repayment receipts as defined in
  3 34 section 8.2.  Notwithstanding section 8.33, moneys retained by
  3 35 an examining board pursuant to this section are not subject to
  4  1 reversion to the general fund of the state.
  4  2    Sec. 6.  Section 147.103A, subsection 4, Code 2005, is
  4  3 amended to read as follows:
  4  4    4.  Applications for a license shall be made to the
  4  5 chairperson, executive director, or secretary of the board.
  4  6 All examination, license, and renewal fees shall be paid to
  4  7 and collected by the chairperson, executive director, or
  4  8 secretary of the board, who shall transmit the fees to the
  4  9 treasurer of state for deposit in the general fund of the
  4 10 state.  The salary of the executive director of the board
  4 11 shall be established by the governor with approval of the
  4 12 executive council pursuant to section 8A.413, subsection 2,
  4 13 under the pay plan for exempt positions in the executive
  4 14 branch of government.
  4 15    Sec. 7.  Section 152.3, subsection 2, Code 2005, is amended
  4 16 to read as follows:
  4 17    2.  Notwithstanding section 147.82, to To collect and
  4 18 receive all fees.
  4 19    Sec. 8.  Section 152.3, subsection 3, Code 2005, is amended
  4 20 by striking the subsection.
  4 21    Sec. 9.  Section 152B.6, subsection 2, Code 2005, is
  4 22 amended to read as follows:
  4 23    2.  The establishment of a system for the licensure of
  4 24 respiratory care practitioners and the establishment and
  4 25 collection of licensure fees.  The fees charged shall be
  4 26 sufficient to defray the costs of administration of this
  4 27 chapter and all fees collected shall be deposited with the
  4 28 treasurer of state who shall deposit them in the general fund
  4 29 of the state.
  4 30    Sec. 10.  Section 152D.5, subsection 4, Code 2005, is
  4 31 amended to read as follows:
  4 32    4.  Establish a system for the collection of licensure
  4 33 fees.  The fees charged shall be sufficient to defray the
  4 34 costs of administering this chapter and all fees collected
  4 35 shall be deposited with the treasurer of state who shall
  5  1 deposit them in the general fund of the state.
  5  2    Sec. 11.  Section 154E.2, subsection 3, Code Supplement
  5  3 2005, is amended by striking the subsection.
  5  4    Sec. 12.  Sections 154A.22 and 155.6, Code Supplement 2005,
  5  5 are repealed.
  5  6    Sec. 13.  EFFECTIVE DATE.  This Act takes effect July 1,
  5  7 2007.
  5  8                           EXPLANATION
  5  9    This bill provides for the retention of fees imposed and
  5 10 collected by health licensing boards listed in Code section
  5 11 147.80, and fees imposed by the bureau of radiological heath
  5 12 pursuant to Code section 136C.10.  The bill also provides for
  5 13 nonreversion of the retained fees to the general fund of the
  5 14 state.  Currently, applicable Code sections provide for the
  5 15 deposit of fees collected by the licensing boards, and the
  5 16 bureau, in the general fund of the state.  Code section 147.82
  5 17 currently contains some exceptions permitting retention of
  5 18 portions of the fees imposed by specified licensing boards,
  5 19 and specified percentages of fee increases, but the bill
  5 20 deletes these provisions, given that all fees will now be
  5 21 retained by the boards.  The bill makes conforming changes
  5 22 consistent with the retention of the fees by the boards.
  5 23    The bill takes effect July 1, 2007.
  5 24 LSB 5457YH 81
  5 25 rn:rj/cf/24.1