Text: SSB03230 Text: SSB03232 Text: SSB03200 - SSB03299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 MH/MR/DD ALLOWED GROWTH 1 3 Section 1. COUNTY MENTAL HEALTH, MENTAL RETARDATION, AND 1 4 DEVELOPMENTAL DISABILITIES ALLOWED GROWTH FACTOR ADJUSTMENT 1 5 AND ALLOCATIONS. There is appropriated from the general fund 1 6 of the state to the department of human services for the 1 7 fiscal year beginning July 1, 2001, and ending June 30, 2002, 1 8 the following amount, or so much thereof as is necessary, to 1 9 be used for the purpose designated: 1 10 For distribution to counties of the county mental health, 1 11 mental retardation, and developmental disabilities allowed 1 12 growth factor adjustment, in accordance with section 331.438, 1 13 subsection 2, and section 331.439, subsection 3, and chapter 1 14 426B: 1 15 .................................................. $ 25,784,846 1 16 The funding appropriated in this section is the allowed 1 17 growth factor adjustment of 1.7 percent for fiscal year 2001- 1 18 2002, and is allocated as follows: 1 19 1. For distribution to counties for fiscal year 2001-2002 1 20 in accordance with the formula in section 331.438, subsection 1 21 2, paragraph "b": 1 22 .................................................. $ 12,000,000 1 23 2. For deposit in the per capita expenditure target pool 1 24 created in the property tax relief fund pursuant to section 1 25 426B.5, subsection 1: 1 26 .................................................. $ 9,784,846 1 27 In addition to the requirement of section 426B.5, 1 28 subsection 1, paragraph "c", limiting eligibility for moneys 1 29 appropriated in this paragraph to counties levying the maximum 1 30 amount allowed, both of the following eligibility requirements 1 31 are applicable: 1 32 a. In the fiscal year beginning July 1, 2000, the county's 1 33 services fund ending balance under generally accepted 1 34 accounting principles was equal to or less than 35 percent of 1 35 the county's projected expenditures for that fiscal year. 2 1 b. The county is in compliance with the filing date 2 2 requirements under section 331.403. 2 3 3. For deposit in the incentive and efficiency pool 2 4 created in the property tax relief fund pursuant to section 2 5 426B.5, subsection 2: 2 6 .................................................. $ 2,000,000 2 7 4. For deposit in the risk pool created in the property 2 8 tax relief fund pursuant to section 426B.5, subsection 3: 2 9 .................................................. $ 2,000,000 2 10 DIVISION II 2 11 TOBACCO FUNDS – TRANSFER AND CASH FLOW 2 12 Sec. 2. TRANSFER OF FUNDS – TOBACCO SETTLEMENT FUND. 2 13 From moneys deposited in the tobacco settlement fund created 2 14 in section 12.65, the sum of sixty-four million six hundred 2 15 thousand dollars is transferred to the general fund of the 2 16 state for the fiscal year beginning July 1, 2000, and ending 2 17 June 30, 2001. 2 18 Sec. 3. Section 12.65, Code 1999, is amended by adding the 2 19 following new unnumbered paragraph: 2 20 NEW UNNUMBERED PARAGRAPH. Moneys in the tobacco 2 21 settlement fund shall be considered part of the general fund 2 22 of the state for cash flow purposes only, provided any moneys 2 23 used for cash flow purposes are returned to the fund by the 2 24 close of each fiscal year. 2 25 DIVISION III 2 26 REDUCTION IN PHASE III MONEYS 2 27 Sec. 4. Section 294A.25, subsection 1, Code Supplement 2 28 1999, is amended to read as follows: 2 29 1. For the fiscal year beginning July 1,19982000, and 2 30 for each succeeding year, there is appropriated from the 2 31 general fund of the state to the department of education the 2 32 amount ofeighty-twoeighty million eight hundred ninety-one 2 33 thousand three hundred thirty-six dollars to be used to 2 34 improve teacher salaries. The moneys shall be distributed as 2 35 provided in this section. 3 1 DIVISION IV 3 2 WASTE REDUCTION CENTER – NONREVERSION 3 3 Sec. 5. Notwithstanding section 8.33, moneys appropriated 3 4 in 1999 Iowa Acts, chapter 208, section 25, to the state board 3 5 of regents for the purpose of the Iowa waste reduction center 3 6 at the university of northern Iowa that remain unencumbered or 3 7 unobligated at the close of the fiscal year beginning July 1, 3 8 1999, shall not revert but shall remain available for 3 9 expenditure for the purpose for which the moneys were 3 10 appropriated until the close of the fiscal year beginning July 3 11 1, 2000. 3 12 Sec. 6. EFFECTIVE DATE. This division of this Act, being 3 13 deemed of immediate importance, takes effect upon enactment. 3 14 DIVISION V 3 15 CORRECTIVE AMENDMENTS 3 16 Sec. 7. Section 2D.3, as enacted by 2000 Iowa Acts, House 3 17 File 2442, section 3, is amended to read as follows: 3 18 2D.3 LEGISLATIVE BRANCH PROTOCOL OFFICER. 3 19 The legislative service bureau shall employ a legislative 3 20 branch protocol officer to coordinate activities related to 3 21 state, national, and international visitors to the state 3 22 capitol or with an interest in the general assembly, and 3 23 related to travel of members of the general assembly abroad. 3 24 The protocol officer shall serve in a consultative capacity 3 25 and shall provide staff support to the international relations 3 26 advisory council. The protocol officer shall also work with 3 27 the executive branch protocol officer to coordinate state, 3 28 national, and international relations activities. The 3 29 legislative branch protocol officer shall submit periodic 3 30 reports to the international relations committee of the 3 31 legislative council regarding the visits of state, national, 3 32 and international visitors and regarding international 3 33 activities. 3 34 Sec. 8. Section 30.2, subsection 2, Code 1999, is amended 3 35 to read as follows: 4 1 2. The commission is composed of twelve members appointed 4 2 by the governor. One member shall be appointed to represent 4 3 the department of agriculture and land stewardship, one to 4 4 represent the department of workforce development, one to 4 5 represent the department of justice, one to represent the 4 6 department of natural resources, one to represent the 4 7 department of public defense, one to represent the Iowa 4 8 department of public health, one to represent the department 4 9 of public safety, one to represent the state department of 4 10 transportation, one to represent the state fire service 4 11institute of the Iowa state university of science and4 12technologyand emergency response council, and one to 4 13 represent the office of the governor. Two representatives 4 14 from private industry shall also be appointed by the governor, 4 15 subject to confirmation by the senate. 4 16 Sec. 9. Section 85.3, subsection 3, unnumbered paragraph 4 17 1, as enacted by 2000 Iowa Acts, Senate File 2373, section 1, 4 18 is amended to read as follows: 4 19 Service of process or original notice upon a nonresident 4 20 employer may be performed as provided in section 617.3 or as 4 21 provided in the Iowa rules of civil procedure. In addition, 4 22 service may be made on any corporation, individual, personal 4 23 representative, partnership, or association that has the 4 24 necessary minimum contact with this state as provided in rule 4 25 of civil procedure 56.1 within or without this state or if 4 26 such service cannot be made, in any manner consistent with due 4 27 process of law prescribed by the workers' compensation 4 28commissioncommissioner. 4 29 Sec. 10. Section 88.6, subsection 9, as enacted by 2000 4 30 Iowa Acts, House File 2492, section 6, is amended to read as 4 31 follows: 4 32 9. Reports of inspections and investigations involving the 4 33 occupational safety and health for fire fighters shall be 4 34 presented to the state fire service and emergency response 4 35 council. 5 1 Sec. 11. Section 135.110, subsection 1, paragraph a, 5 2 subparagraph (1), as enacted by 2000 Iowa Acts, House File 5 3 2362, section 3, is amended to read as follows: 5 4 (1) The causes and manner of domestic abuse deaths, 5 5 including an analysis of factual information obtained through 5 6 review of domestic abuse death certificates and domestic abuse 5 7 death data, including patient records and other pertinent 5 8 confidential and public information concerning domestic abuse 5 9 deaths. 5 10 Sec. 12. Section 148E.3, subsection 1, as enacted by 2000 5 11 Iowa Acts, Senate File 182, section 7, is amended to read as 5 12 follows: 5 13 1. A person otherwise licensed to practice medicine and 5 14 surgery, osteopathy, osteopathic medicine and surgery, 5 15 chiropractic, podiatry, or dentistry who is exclusively 5 16 engaged in the practice of the person'sprofessions5 17 profession. 5 18 Sec. 13. Section 152.7, unnumbered paragraph 3, as enacted 5 19 by 2000 Iowa Acts, House File 2105, section 5, is amended to 5 20 read as follows: 5 21 For purposes of licensure pursuant to the nurse licensure 5 22 compact contained in section 152E.1, the compact administrator 5 23 may refuse to accept a change in the qualifications for 5 24 licensure as a registered nurse or as a licensed practical or 5 25 vocational nurse by a licensing authority in another state 5 26 which is a party to the compact which substantially modifies 5 27 that state's qualifications for licensure in effect on July 1, 5 28 2000. A refusal to accept a change in a party state's 5 29 qualifications for licensure may result in submitting the 5 30 issue to an arbitration panel or in withdrawal from the 5 31 compact,inat the discretion of the compact administrator. 5 32 Sec. 14. Section 152E.1, article II, sections i, k, l, and 5 33 n, as enacted by 2000 Iowa Acts, House File 2105, section 8, 5 34 are amended to read as follows: 5 35 i. "Nurse" means a registered nurse or licensed practical 6 1 or vocational nurse, as those terms are defined by each 6 2party's stateparty state's practice laws. 6 3 k. "Remote state" means a party state, other than the home 6 4 state, where either of the following applies: 6 5 1. Where the patient is located at the time nursing care 6 6 is provided. 6 7 2. In the case of the practice of nursing not involving a 6 8 patient, in such party state where the recipient of nursing 6 9practicecare is located. 6 10 l. "Remote state action" means either of the following: 6 11 1. Any administrative, civil, equitable, or criminal 6 12 action permitted by a remote state's laws whichareis imposed 6 13 on a nurse by the remote state's licensing board or other 6 14 authority, including actions against an individual's 6 15 multistate licensure privilege to practice in the remote 6 16 state. 6 17 2. Cease and desist and other injunctive or equitable 6 18 orders issued by remote states or the licensingboards'boards 6 19 of remote states. 6 20 n. "State practice laws" means those individualparty's6 21 party state laws and regulations that govern the practice of 6 22 nursing, define the scope of nursing practice, and create the 6 23 methods and grounds for imposing discipline. "State practice 6 24 laws" does not include the initial qualifications for 6 25 licensure or requirements necessary to obtain and retain a 6 26 license, except for qualifications or requirements of the home 6 27 state. 6 28 Sec. 15. Section 152E.1, article III, sections a and e, as 6 29 enacted by 2000 Iowa Acts, House File 2105, section 8, are 6 30 amended to read as follows: 6 31 a. A license to practice registered nursing issued by a 6 32 home state to a resident in that statewillshall be 6 33 recognized by each party state as authorizing a multistate 6 34 licensure privilege to practice as a registered nurse in such 6 35 party state. A license to practice licensed practical or 7 1 vocational nursing issued by a home state to a resident in 7 2 that statewillshall be recognized by each party state as 7 3authorizedauthorizing a multistate licensure privilege to 7 4 practice as a licensed practical or vocational nurse in such 7 5 party state. In order to obtain or retain a license, an 7 6 applicant must meet the home state's qualifications for 7 7 licensure and license renewal as well as all other applicable 7 8 state laws. 7 9 e. Individuals not residing in a party state shall 7 10 continue to be able to apply for nurse licensure as provided 7 11 for under the laws of each party state. However, the license 7 12 granted to these individualswillshall not be recognized as 7 13 granting the privilege to practice nursing in any other party 7 14 state unless explicitly agreed to by that party state. 7 15 Sec. 16. Section 152E.1, article IV, sections c and d, as 7 16 enacted by 2000 Iowa Acts, House File 2105, section 8, are 7 17 amended to read as follows: 7 18 c. A nurse who intends to change the nurse's primary state 7 19 of residence may apply for licensure in the new home state in 7 20 advance of such change. However, new licenseswillshall not 7 21 be issued by a party state until after a nurse provides 7 22 evidence of change in the nurse's primary state of residence 7 23 satisfactory to the new home state's licensing board. 7 24 d. 1. If a nurse changes the nurse's primary state of 7 25 residence by moving between two party states, and obtains a 7 26 license from the new home state, the license from the former 7 27 home state is no longer valid. 7 28 2. If a nurse changes the nurse's primary state of 7 29 residence by moving from a nonparty state to a party state, 7 30 and obtains a license from the new home state, the individual 7 31 state license issued by the nonparty state is not affected and 7 32willshall remain in full force if so provided by the laws of 7 33 the nonparty state. 7 34 3. If a nurse changes the nurse's primary state of 7 35 residence by moving from a party state to a nonparty state, 8 1 the license issued by the prior home state converts to an 8 2 individual state license, valid only in the former home state, 8 3 without the multistate licensure privilege to practice in 8 4 other party states. 8 5 Sec. 17. Section 152E.1, article VI, section c, as enacted 8 6 by 2000 Iowa Acts, House File 2105, section 8, is amended to 8 7 read as follows: 8 8 c. Issue cease and desist ordersorto limit or revoke a 8 9 nurse's authority to practice in thenurse'sstate. 8 10 Sec. 18. Section 152E.1, article VII, sections a and d, as 8 11 enacted by 2000 Iowa Acts, House File 2105, section 8, are 8 12 amended to read as follows: 8 13 a. All party states shall participate in a cooperative 8 14 effort to create a coordinated database of all licensed 8 15 registered nurses and licensed practical or vocational nurses. 8 16 This systemwillshall include information on the licensure 8 17 and disciplinary history of each nurse, as contributed by 8 18 party states, to assist in the coordination of nurse licensure 8 19 and enforcement efforts. 8 20 d. Notwithstanding any other provision of law, all party 8 21 states' licensing boards contributing information to the 8 22 coordinated licensure information system may designate 8 23 information thatmayshall not be shared with nonparty states 8 24 or disclosed to other entities or individuals without the 8 25 express permission of the contributing state. 8 26 Sec. 19. Section 232.2, subsection 4, unnumbered paragraph 8 27 1, Code Supplement 1999, as amended by 2000 Iowa Acts, Senate 8 28 File 2344, section 4, is amended to read as follows: 8 29 "Case permanency plan" means the plan, mandated by Pub. L. 8 30 No. 96-272 and Pub. L. No. 105-89, as codified in 42 U.S.C. } 8 31 622(b)(10), 671(a)(16), and 675(1),(5), which is designed to 8 32 achieve placement in the most appropriate, least restrictive, 8 33 and most family-like, and most appropriatesetting available 8 34 and in close proximity to the parent's home, consistent with 8 35 the best interests and special needs of the child, and which 9 1 considers the placement's proximity to the school in which the 9 2 child is enrolled at the time of placement. The plan shall be 9 3 developed by the department or agency involved and the child's 9 4 parent, guardian, or custodian. The plan shall specifically 9 5 include all of the following: 9 6 Sec. 20. Section 249H.2, subsection 1, paragraphs a and b, 9 7 as enacted by 2000 Iowa Acts, Senate File 2193, section 2, are 9 8 amended to read as follows: 9 9 a. The preservation, improvement, and coordination of the 9 10 health care infrastructure of Iowaisare critical to the 9 11 health and safety of Iowans. 9 12 b. An increasing number of seniors and persons with 9 13 disabilities in the staterequirerequires long-term care 9 14 services provided outside of a medical institution. 9 15 Sec. 21. Section 249H.3, subsection 1, as enacted by 2000 9 16 Iowa Acts, Senate File 2193, section 3, is amended to read as 9 17 follows: 9 18 1. "Affordable" means rates for payment of services which 9 19 do not exceed the rates established for providers of medical 9 20 and health services under the medical assistance program with 9 21 eligibility for an individual equal to the eligibility for 9 22 medical assistance pursuant to section 249A.3. In relation to 9 23 services provided by a provider of services under a home and 9 24 community-based waiver, "affordable" means that the total 9 25 monthly cost of the home and community-based waiver services 9 26 provideddodoes not exceed the cost for that level of care as 9 27 established by rule by the department of human services, 9 28 pursuant to chapter 17A, in consultation with the department 9 29 of elder affairs. 9 30 Sec. 22. Section 249H.6, subsection 12, as enacted by 2000 9 31 Iowa Acts, Senate File 2193, section 6, is amended to read as 9 32 follows: 9 33 12. The senior living coordinating unit shall review 9 34 projects that receive grants under this section to ensure that 9 35 the goal to provide alternatives to nursing facility care is 10 1 being met and that an adequate number of nursing facility 10 2 servicesremainremains to meet the needs of Iowans. 10 3 Sec. 23. Section 249H.8, subsection 1, as enacted by 2000 10 4 Iowa Acts, Senate File 2193, section 8, is amended to read as 10 5 follows: 10 6 1. A person operating a PACE program shall have a PACE 10 7 program agreement with the health care financing 10 8 administration of the United States department of health and 10 9 human services, shall enter into a contract with the 10 10 department of human services and shall comply with 42 U.S.C. } 10 11 1396(u)(4) and all regulations promulgated pursuant to that 10 12 section. 10 13 Sec. 24. Section 261.19B, Code 1999, as amended by 2000 10 14 Iowa Acts, Senate File 2248, section 13, is amended to read as 10 15 follows: 10 16 261.19B OSTEOPATHIC PHYSICIAN RECRUITMENT REVOLVING FUND. 10 17 An osteopathic physician recruitment revolving fund is 10 18 created in the state treasury as a separate fund under the 10 19 control of the commission. The commission shall deposit 10 20 payments made by osteopathic physician recruitment recipients 10 21 and the proceeds from the sale of osteopathic loans into the 10 22 osteopathicloanphysician recruitment revolving fund. Moneys 10 23 credited to the fund shall be used to supplement moneys 10 24 appropriated for the osteopathic physician recruitment 10 25 program, for loan forgiveness to eligible physicians, and to 10 26 pay for loan or interest repayment defaults by eligible 10 27 physicians. Notwithstanding section 8.33, any balance in the 10 28 fund on June 30 of any fiscal year shall not revert to the 10 29 general fund of the state. 10 30 Sec. 25. Section 279.52, unnumbered paragraph 1, Code 10 31 1999, as amended by 2000 Iowa Acts, House File 2435, section 10 32 1, is amended to read as follows: 10 33 The board of directors may pay the actual cost of an 10 34 asbestos project from any funds in the general fund of the 10 35 district, funds received from the physical plant and equipment 11 1 levy, or moneys obtained through a federal asbestos loan 11 2 program, to be repaid from any of the funds specified in this 11 3subsectionsection over a three-year period. 11 4 Sec. 26. Section 306.11, Code 1999, as amended by 2000 11 5 Iowa Acts, Senate File 2194, section 1, is amended to read as 11 6 follows: 11 7 306.11 HEARING – PLACE – DATE. 11 8 In proceeding to the vacation and closing of a road, part 11 9 thereof, or railroad crossing, the agency in control of the 11 10 road, or road system, shall fix a date for a hearing on the 11 11 vacation and closing in the county where the road, or part 11 12 thereof, or crossing, is located, and if located in more than 11 13 one county, then in a county in which any part of the road or 11 14 crossing is located. If the road to be vacated or changed is 11 15 a secondary road located in more than one county, the boards 11 16 of supervisors of the counties, acting jointly, shall fix a 11 17 date for a hearing on the vacation or change in either or any 11 18 of the counties where the road, or part thereof, is located. 11 19 If the proposed vacation is of part of a road right-of-way 11 20 held by easement and will not change the existing traveled 11 21 portion of the road or deny access to the road by adjoining 11 22 landowners, a hearing is not required. 11 23 Sec. 27. Section 411.22, subsection 1, unnumbered 11 24 paragraph 1, as enacted by 2000 Iowa Acts, Senate File 2411, 11 25 section 109, is amended to read as follows: 11 26 If a member receives an injury or dies for which benefits 11 27 are payable under section 411.6, subsection 3, 5, 8, or 9, or 11 28 section 411.15, and if the injury or death is caused under 11 29 circumstances creating a legal liability for damages against a 11 30 third party other than the retirement system, the retirement 11 31 system is subrogated to the rights of the member or the 11 32 member'slegal representativebeneficiary entitled to receive 11 33 a death benefit and may maintain an action for damages against 11 34 the third party for lost earnings and lost earnings capacity. 11 35 If the retirement system recovers damages in the action, the 12 1 court shall enter judgment for distribution of the recovery as 12 2 follows: 12 3 Sec. 28. Section 455B.171, subsection 31B, as enacted by 12 4 2000 Iowa Acts, Senate File 2371, is amended to read as 12 5 follows: 12 6 31B. "Section 305(b)listreport" means any reportor list12 7 required under 33 U.S.C. } 1315(b). 12 8 Sec. 29. Section 455B.193, unnumbered paragraph 2, as 12 9 enacted by 2000 Iowa Acts, Senate File 2371, section 10, is 12 10 amended to read as follows: 12 11 The department of natural resources shall develop a 12 12 methodology for water quality assessments as used in the 12 13 section 303(d)listingslists and assess the validity of the 12 14 data. 12 15 Sec. 30. Section 462A.14, subsection 12, paragraph d, as 12 16 enacted by 2000 Iowa Acts, House File 2331, if 2000 Iowa Acts, 12 17 House File 2511 is enacted, is amended to read as follows: 12 18 d. The court may prescribe the length of time for the 12 19 evaluation and treatment or the court may request that the 12 20 community college or licensed substance abuse program 12 21 conducting the course for drinking drivers which the defendant 12 22 is ordered to attend or the treatment program to which the 12 23 defendant is committed immediately report to the court when 12 24 the defendant has received maximum benefit from the course for 12 25 drinking drivers or treatment program or has recovered from 12 26 the defendant's addiction, dependency, or tendency to 12 27 chronically abuse alcohol or drugs. 12 28 Sec. 31. Section 466.4, subsections 2 and 5, as enacted by 12 29 2000 Iowa Acts, Senate File 2371, section 5, are amended to 12 30 read as follows: 12 31 2. The department of agriculture and land stewardship 12 32 shall request the assistance of and consult with the United 12 33 States department ofagricultureagriculture's natural 12 34 resources conservation service and farm service agency to 12 35 implement the conservation reserve enhancement program. The 13 1 department shall also consult with county boards of 13 2 supervisors, county conservation boards, drainage district 13 3 representatives, department of natural resources, and soil and 13 4 water conservation districts affected by the implementation of 13 5 the conservation reserve enhancement program. The department 13 6 shall also collaborate with other public agencies and private 13 7 organizations to develop wetland habitat and related projects 13 8 to improve water quality. 13 9 5. The five-year goal of the conservation reserveenhanced13 10 enhancement program is the establishment of thirty-two 13 11 thousand five hundred acres of wetlands. 13 12 Sec. 32. Section 481A.125, subsection 1, paragraph a, as 13 13 enacted by 2000 Iowa Acts, Senate File 2300, section 1, is 13 14 amended to read as follows: 13 15 a. To intentionally place oneself in a location where a 13 16 human presence may affect the behavior of a fur-bearing game 13 17 animal, bird, or fish or the feasibility of killing or taking 13 18 a fur-bearing game animal, bird, or fish with the intent of 13 19 obstructing or harassing another person who is lawfully 13 20 hunting, fishing, or fur harvesting. 13 21 Sec. 33. Section 481A.125, subsection 5, as enacted by 13 22 2000 Iowa Acts, Senate File 2300, section 1, is amended to 13 23 read as follows: 13 24 5. Thissubsectionsection shall not prohibit a landowner, 13 25 tenant, or an employee of a landowner or tenant from 13 26 performing normal agricultural operations or a law enforcement 13 27 officer from performing official duties. 13 28 Sec. 34. Section 521F.3, subsection 2, paragraph a, 13 29 unnumbered paragraph 1, as enacted by 2000 Iowa Acts, House 13 30 File 2316, section 3, is amended to read as follows: 13 31 A health organization's risk-based capital shall be 13 32 determined pursuant to the formula set forth in the risk-based 13 33 capital instructions. The formula shall take into account all 13 34 of the following, and maybybe adjusted, as deemed 13 35 appropriate by the commissioner, for the covariance between 14 1 the following: 14 2 Sec. 35. Section 521F.4, subsection 3, as enacted by 2000 14 3 Iowa Acts, House File 2316, section 4, is amended to read as 14 4 follows: 14 5 3. The risk-based capital plan shall be filed within 14 6 forty-five days of the company-action-level event, or, if the 14 7 health organization requests a hearing pursuant to section 14 8 521F.8 for the purpose of challenging the adjusted risk-based 14 9 capital report, within forty-five days after notification to 14 10 theinsurerhealth organization that the commissioner, after 14 11 hearing, has rejected theinsurer'shealth organization's 14 12 challenge. 14 13 Sec. 36. Section 521F.8, subsection 2, paragraph b, 14 14 subparagraph (1), as enacted by 2000 Iowa Acts, House File 14 15 2316, section 8, is amended to read as follows: 14 16 (1)TheThat the health organization's risk-based capital 14 17 plan or revised risk-based capital plan is unsatisfactory. 14 18 Sec. 37. Section 523C.19, subsections 2 and 3, as enacted 14 19 by 2000 Iowa Acts, House File 2317, section 30, are amended to 14 20 read as follows: 14 21 2. If a hearing is not timely requested, the summary order 14 22 becomes final by operation of law. The order shall remain 14 23 effective from the date of issuance until the date the order 14 24 becomes final by operation of law or is overturned by a 14 25 presiding officer or court following a request for hearing. A 14 26 person who has been issued a summary order under this section 14 27 may contest it by filing a request for a contested case 14 28 proceeding as provided in chapter 17A and in accordance with 14 29 rules adopted by the commissioner. However, the person shall 14 30 have at least thirty days from the date that the order is 14 31 issued in order to file the request. Section 17A.18A is 14 32 inapplicable to a summary order issued under thissubsection14 33 section. 14 34 3. A person violating a summary order issued under this 14 35subsectionsection shall be deemed in contempt of that order. 15 1 The commissioner may petition the district court to enforce 15 2 the order as certified by the commissioner. The district 15 3 court shall adjudge the person in contempt of the order if the 15 4 court finds after hearing that the person is not in compliance 15 5 with the order. The court shall assess a civil penalty 15 6 against the person in an amount not less than three thousand 15 7 dollars but not greater than ten thousand dollars per 15 8 violation, and may issue further orders as it deems 15 9 appropriate. 15 10 Sec. 38. Section 600.13, subsection 1, paragraph c, as 15 11 amended by 2000 Iowa Acts, Senate File 421, section 17, is 15 12 amended to read as follows: 15 13 c. Dismiss the adoption petition if the requirements of 15 14 thisActchapter have not been met or if dismissal of the 15 15 adoption petition is in the best interest of the person whose 15 16 adoption has been petitioned. Upon dismissal, the juvenile 15 17 court or court shall determine who is to be guardian or 15 18 custodian of a minor child, including the adoption petitioner 15 19 if it is in the best interest of the minor person whose 15 20 adoption has been petitioned. 15 21 Sec. 39. Section 692B.2, article XI(a)(1)(B), as enacted 15 22 by 2000 Iowa Acts, Senate File 2145, section 2, is amended to 15 23 read as follows: 15 24 (B) any rule or standard established by the council 15 25 pursuant to ArticleVVI; and 15 26 Sec. 40. Section 714.16, subsection 2, paragraph n, 15 27 subparagraph (3), subparagraph subdivision (a), as enacted by 15 28 2000 Iowa Acts, House File 2148, section 1, is amended to read 15 29 as follows: 15 30 (a) "Local telephone directory" means a telephone 15 31 classified advertising directory or the business section of a 15 32 telephone directory that is distributed free of charge to some 15 33 or all telephone subscribers in a local areadirectory. 15 34 Sec. 41. 2000 Iowa Acts, Senate File 2193, section 23, is 15 35 amended to read as follows: 16 1 SEC. 23. RETROACTIVE APPLICABILITY. The section in this 16 2 Act that creates section249H.6249H.4 as it relates to 16 3 receipt of federal funding, is retroactively applicable to 16 4 October 1, 1999. 16 5 Sec. 42. 2000 Iowa Acts, Senate File 2254, section 4, is 16 6 amended to read as follows: 16 7 SEC. 4. RETROACTIVE APPLICABILITY. Section 252I.4, 16 8 subsection34, as amended in this Act, is retroactively 16 9 applicable to January 1, 2000. 16 10 Sec. 43. 2000 Iowa Acts, Senate File 2344, section 16, is 16 11 amended by striking the section and inserting in lieu thereof 16 12 the following: 16 13 SEC. 16. Section 239B.24, subsection 1, unnumbered 16 14 paragraph 1, Code Supplement 1999, is amended to read as 16 15 follows: 16 16 The following persons are deemed to be eligible for 16 17 benefits under the state child care assistance program 16 18 administered by the department in accordance with section 16 19 237A.13, notwithstanding the program's eligibility 16 20 requirements or any waiting list: 16 21 Sec. 44. APPROPRIATIONS FOR THE DRUG POLICY COORDINATOR. 16 22 References in 2000 Iowa Acts, House File 2533, sections 5 16 23 through 8 and 33, to the drug enforcement and abuse prevention 16 24 coordinator are deemed to be references to the drug policy 16 25 coordinator if 2000 Iowa Acts, House File 2153 is enacted. 16 26 Sec. 45. AMENDMENTS TO DISAPPROVED BILLS VOID. If a 16 27 provision of a bill, which is amended in this division of this 16 28 Act, does not become law due to the governor's disapproval of 16 29 the provision, the amendment to that disapproved provision in 16 30 this division of this Act is void. 16 31 EXPLANATION 16 32 Division I of this bill appropriates moneys for the 2001- 16 33 2002 fiscal year to the department of human services for 16 34 distribution to counties of the county mental health, mental 16 35 retardation, and developmental disabilities (MH/MR/DD) allowed 17 1 growth factor adjustment. The allowed growth factor 17 2 adjustment equals 1.7 percent. The division also provides for 17 3 the allotment of the appropriation for various purposes for 17 4 county relief for MH/MR/DD services provided by the county. 17 5 The division applies additional eligibility requirements 17 6 for allotment of funding from the per capita expenditure 17 7 target pool involving the size of the county's MH/MR/DD 17 8 services fund balance and compliance with a financial 17 9 reporting deadline. 17 10 Division II of this bill transfers from moneys deposited in 17 11 the tobacco settlement fund, created in Code section 12.65, 17 12 the sum of $64,600,000 to the general fund of the state for 17 13 the 1999-2000 fiscal year. 17 14 The division also amends Code section 12.65, relating to 17 15 the tobacco settlement fund, to provide that moneys in the 17 16 fund may be used for cash flow purposes so long as the moneys 17 17 are returned to the fund by the close of the fiscal year. 17 18 Division III of this bill reduces the standing limited 17 19 appropriation for the education excellence program by 17 20 $2,000,000 beginning with the 2000-2001 fiscal year. 17 21 Division IV of this bill provides that any moneys remaining 17 22 from the appropriation made for the 1998-1999 fiscal year to 17 23 the state board of regents for the Iowa waste reduction center 17 24 at the university of northern Iowa which are unencumbered or 17 25 unobligated at the close of the 1999-2000 fiscal year shall 17 26 not revert but are available for expenditure during the 2000- 17 27 2001 fiscal year. 17 28 The division takes effect upon enactment. 17 29 Division V of this Act makes numerous corrective changes to 17 30 previously passed legislation during the 2000 Session. The 17 31 more significant include the following: 17 32 New Code section 2D.3 is amended to correct a reference to 17 33 the international relations advisory council. 17 34 Code section 30.2, subsection 2, and Code section 88.6, new 17 35 subsection 9, are amended to correct the references to the new 18 1 state fire service and emergency response council. 18 2 Code section 85.3, new subsection 3, is amended to change 18 3 reference to the workers' compensation commission to the 18 4 workers' compensation commissioner. 18 5 New Code section 135.110, subsection 1, paragraph "a", 18 6 subparagraph (1), is amended to correct a reference to 18 7 domestic abuse death certificates. 18 8 New Code section 152E.1, articles II, III, IV, and VI, are 18 9 amended to change the improper use of the words "will" or "may 18 10 not" to "shall" or "shall not" and to make other technical 18 11 corrections. 18 12 Code section 232.2, subsection 4, unnumbered paragraph 1, 18 13 is amended to eliminate a redundancy. 18 14 Code section 261.19B is amended to correct a reference to 18 15 the osteopathic physician recruitment revolving fund. 18 16 Code section 279.52, unnumbered paragraph 1, is amended to 18 17 correct the reference from "this subsection" to "this section" 18 18 as there are no subsections in Code section 279.52. 18 19 New Code section 411.22, subsection 1, unnumbered paragraph 18 20 1, is amended to change a reference from "member's legal 18 21 representative beneficiary" to "member's beneficiary". 18 22 Code section 455B.171, new subsection 31B, is amended to 18 23 change a defined term and reference from "list" to "report" 18 24 since that is what is required under 33 U.S.C. } 1315(b). 18 25 New Code section 464.4, subsection 5, is amended to correct 18 26 the reference to the conservation reserve enhancement program. 18 27 Code section 462A.14, new subsection 12, paragraph "d", is 18 28 amended to refer to licensed substance abuse programs which 18 29 conduct courses for drinking drivers, providing House File 18 30 2511 is enacted during the 2000 Session. 18 31 Code section 481A.125, new subsection 5, is amended to 18 32 correct a reference from "subsection" to "section" in order 18 33 for the prohibition in the new subsection 5 to make sense. 18 34 New Code section 521F.4, subsection 3, is amended to 18 35 specify that the insurer referred to in that subsection is a 19 1 health organization. 19 2 Code section 600.13, subsection 1, paragraph "c", is 19 3 amended to change the reference from "Act" to "chapter" since 19 4 the Act referred to was the one which amended Code chapter 19 5 600. 19 6 New Code section 692B.2, article XI(a)(1)(b), is amended to 19 7 correct the reference to the article of that section in which 19 8 rules and standards are established. 19 9 The retroactive applicability provisions in 2000 Iowa Acts, 19 10 Senate File 2193 and Senate File 2254, are amended to correct 19 11 internal references. 19 12 The amendment to 2000 Iowa Acts, Senate File 2344, section 19 13 16, is to correct the lead-in error in reference to Code 19 14 section 239B.24, subsection 1. 19 15 The division deems references to the current drug 19 16 enforcement and abuse prevention coordinator in the federal 19 17 block grant appropriation bill as referring to the drug policy 19 18 coordinator if House File 2153 is enacted. 19 19 The division contains a provision that specifies that if 19 20 the governor disapproves of any portion of a bill that is 19 21 amended in this division, the amendment to that disapproved 19 22 portion of the bill is void. 19 23 LSB 7269XA 78 19 24 mg/cf/24
Text: SSB03230 Text: SSB03232 Text: SSB03200 - SSB03299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Apr 12 03:35:59 CDT 2000
URL: /DOCS/GA/78GA/Legislation/SSB/03200/SSB03231/000411.html
jhf