Text: H01445 Text: H01447 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend Senate File 466, as passed by the Senate, as
1 2 follows:
1 3 #1. Page 1, line 11, by striking the word "made,"
1 4 the following: "made".
1 5 #2. Page 1, by striking lines 15 through 21 and
1 6 inserting the following:
1 7 "b. If a person with a controlling interest in a
1 8 child care home or facility or an employee of a child
1 9 care home or facility assigned financial management
1 10 responsibilities for the child care home or facility
1 11 has been found in a criminal proceeding to have
1 12 obtained by fraudulent means, public funding for the
1 13 provision of child care by the home or facility in an
1 14 amount equal to or in excess of the minimum amount
1 15 necessary to constitute a fraudulent practice in the
1 16 second degree under section 714.10, subsection 1, the
1 17 following shall apply:
1 18 (1) For a first offense, for a period of one year,
1 19 any child care home or facility in which the offender
1 20 continues to have a controlling interest or at which
1 21 the offender remains employed as a financial manager
1 22 shall be ineligible to receive public funding for the
1 23 provision of child care.
1 24 (2) For a second offense committed by the same
1 25 offender or by an employee assigned financial
1 26 management responsibilities employed at the same child
1 27 care home or facility at which a first offense
1 28 occurred, for a period of five years, the child care
1 29 home or facility at which the second offense occurred
1 30 shall be ineligible to receive public funding for the
1 31 provision of child care.
1 32 (3) For a third offense committed by the same
1 33 offender or by an employee assigned financial
1 34 management responsibilities employed at the same child
1 35 care home or facility at which a first and second
1 36 offense occurred, the child care home or facility at
1 37 which the third offense occurred shall be ineligible
1 38 to receive public funding for provision of child care.
1 39 The department shall adopt rules to administer this
1 40 subsection and the rules shall provide for a
1 41 transition period before applying the requirements of
1 42 this subsection in order to allow the ownership or
1 43 employment prohibitions to be addressed without
1 44 interrupting the provision of child care and for
1 45 requiring, as a condition of providing public funding,
1 46 that a child care home or facility at which an offense
1 47 described in this paragraph "b" occurred must submit
1 48 periodic financial audits to the department."
1 49 #3. Page 1, by inserting after line 31, the
1 50 following:
2 1 "d. If the director determines that the
2 2 ineligibility of a child care home or facility to
2 3 receive public funding pursuant to paragraph "b" will
2 4 cause the provision of child care services by that
2 5 home or facility to be interrupted or to become no
2 6 longer available, the director may file a verified
2 7 application in the district court of the county in
2 8 which the child care home or facility is located,
2 9 requesting that an individual nominated by the
2 10 director be appointed as receiver for the child care
2 11 home or facility until continuation of the child care
2 12 services is assured.
2 13 (1) The court shall expeditiously hold a hearing
2 14 on the application, at which the director shall
2 15 present evidence in support of the application. The
2 16 owner of the child care home or facility against which
2 17 the application is filed may also present evidence,
2 18 and both parties may subpoena witnesses. The court
2 19 may appoint a receiver for the child care home or
2 20 facility in advance of the hearing if the director's
2 21 verified application states that an emergency exists
2 22 in which closure of the child care home or facility is
2 23 imminent. If the owner against whose facility the
2 24 receivership application is filed informs the court at
2 25 or before the time set for the hearing that the owner
2 26 does not object to the application, the court shall
2 27 waive the hearing and at once appoint a receiver for
2 28 the child care home or facility.
2 29 (2) The court, on the basis of the verified
2 30 application and evidence presented at the hearing, may
2 31 order the child care home or facility placed under
2 32 receivership, and if so ordered, the court shall
2 33 direct either that the receiver assume the duties of
2 34 administrator of the child care home or facility or
2 35 that the receiver supervise the child care home's or
2 36 facility's administrator in conducting the day-to-day
2 37 business of the child care home or facility. The
2 38 receiver shall be empowered to control the child care
2 39 home's or facility's financial resources and to apply
2 40 its revenues as the receiver deems necessary to
2 41 continue the operation of the child care home or
2 42 facility in compliance with this chapter and the rules
2 43 adopted under this chapter, but shall be accountable
2 44 to the court for management of the child care home's
2 45 or facility's financial resources.
2 46 (3) A receivership established under this
2 47 paragraph "d" may be terminated by the district court
2 48 which established it, after a hearing upon an
2 49 application for termination.
2 50 (4) Payment of the expenses of a receivership
3 1 established under this paragraph "d" is the
3 2 responsibility of the child care home or facility for
3 3 which the receiver is appointed, unless the court
3 4 directs otherwise. The expenses include, but are not
3 5 limited to:
3 6 (a) Salary of the receiver.
3 7 (b) Expenses incurred for the continued child care
3 8 services.
3 9 (c) Expenses incurred for the maintenance of
3 10 buildings and grounds of the child care home or
3 11 facility.
3 12 (d) Expenses incurred in the ordinary course of
3 13 business, such as employee salaries and accounts
3 14 payable.
3 15 (5) The receiver is not personally liable for the
3 16 expenses of the child care home or facility during the
3 17 receivership. The receiver is an employee of the
3 18 state as defined in section 669.2, subsection 4, only
3 19 for the purpose of defending a claim filed against the
3 20 receiver. Chapter 669 applies to all suits filed
3 21 against the receiver.
3 22 (6) This lettered paragraph "d" does not do any of
3 23 the following:
3 24 (a) Preclude the sale or lease of a child care
3 25 home or facility while the child care home or facility
3 26 is in receivership, provided these actions are not
3 27 taken without approval of the receiver.
3 28 (b) Affect the civil or criminal liability of the
3 29 owner of the child care home or facility placed in
3 30 receivership, for any acts or omissions of the owner
3 31 which occurred before the receiver was appointed.
3 32 Sec. . SUBSEQUENT OFFENSES. For the purposes
3 33 of administering section 237A.29, subsection 2, as
3 34 enacted by this Act, if a person with a controlling
3 35 interest in a child care home or facility or an
3 36 employee of a child care home or facility assigned
3 37 financial management responsibilities for the child
3 38 care home or facility was found in a criminal
3 39 proceeding to have obtained by fraudulent means during
3 40 the two-year period preceding July 1, 2001, public
3 41 funding for the child care home or facility in an
3 42 amount equal to or in excess of the minimum amount
3 43 necessary to constitute fraudulent practice in the
3 44 second degree under section 714.10, subsection 1, the
3 45 department of human services shall consider the first
3 46 subsequent offense for obtaining by fraudulent means
3 47 public funding for child care in such an amount and
3 48 committed by such person or by such an employee of
3 49 such home or facility on or after July 1, 2001, as
3 50 found in a criminal proceeding, to be a second offense
4 1 and a second or greater subsequent offense to be a
4 2 third offense under section 237A.29, subsection 2."
4 3 #4. Title page, by striking lines 1 and 2, and
4 4 inserting the following: "An Act relating to the
4 5 eligibility of certain child care providers connected
4 6 with the commitment of a fraudulent act involving
4 7 public child care funding to receive further public
4 8 funding."
4 9 #5. By renumbering as necessary.
4 10
4 11
4 12
4 13 COMMITTEE ON HUMAN RESOURCES
4 14 BODDICKER of Cedar, Chairperson
4 15 SF 466.202 79
4 16 jp/gg
Text: H01445 Text: H01447 Text: H01400 - H01499 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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