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
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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
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