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House File 228

Partial Bill History

Bill Text

PAG LIN
  1  1                                            HOUSE FILE 228
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO THE DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY.  
  1  5 
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7 
  1  8    Section 1.  Section 103A.12, Code 2001, is amended to read
  1  9 as follows:
  1 10    103A.12  ADOPTION AND WITHDRAWAL – PROCEDURE.
  1 11    The state building code is applicable in each governmental
  1 12 subdivision of the state in which the governing body has
  1 13 enacted an ordinance accepting the applicability of the code
  1 14 and has filed a certified copy of the ordinance in the office
  1 15 of the commissioner and in the office of the secretary of
  1 16 state.  The state building code becomes effective in the
  1 17 governmental subdivision upon the date fixed by the
  1 18 governmental subdivision ordinance, if the date is which must
  1 19 not be more than six months after the date of adoption of the
  1 20 ordinance.
  1 21    A governmental subdivision in which the state building code
  1 22 is applicable may by ordinance, at any time after one year has
  1 23 elapsed since the code became applicable, withdraw from the
  1 24 application of the code, if before the ordinance is voted
  1 25 upon, the.  The local governing body holds shall hold a public
  1 26 hearing, after giving not less than four nor but not more than
  1 27 twenty days' public notice, together with written notice to
  1 28 the commissioner of the time, place, and purpose of the
  1 29 hearing, before the ordinance to withdraw is voted upon.  A
  1 30 certified copy of the vote of the local governing body shall
  1 31 be transmitted within ten days after the vote is taken to the
  1 32 commissioner and to the secretary of state for filing.  The
  1 33 ordinance becomes effective at a time to be specified in it
  1 34 the ordinance, which must be not less than one hundred eighty
  1 35 days after the date of adoption.  Upon the effective date of
  2  1 the ordinance, the state building code ceases to apply to the
  2  2 governmental subdivision except that construction of a
  2  3 building or structure pursuant to a permit previously issued
  2  4 is not affected by the withdrawal.
  2  5    A governmental subdivision which has withdrawn from the
  2  6 application of the state building code may, at any time
  2  7 thereafter, restore the application of the code in the same
  2  8 manner as specified in this section.
  2  9    Sec. 2.  Section 135C.33, subsections 1 and 2, Code 2001,
  2 10 are amended to read as follows:
  2 11    1.  Beginning July 1, 1997, prior to employment of a person
  2 12 in a facility, the facility shall request that the department
  2 13 of public safety perform a criminal history check and the
  2 14 department of human services perform a dependent adult abuse
  2 15 record checks check of the person in this state.  In addition,
  2 16 the facility may request that the department of human services
  2 17 perform a child abuse record check in this state.  Beginning
  2 18 July 1, 1997, a facility shall inform all persons prior to
  2 19 employment regarding the performance of the records checks and
  2 20 shall obtain, from the persons, a signed acknowledgment of the
  2 21 receipt of the information.  Additionally, a facility shall
  2 22 include the following inquiry in an application for
  2 23 employment:  "Do you have a record of founded child or
  2 24 dependent adult abuse or have you ever been convicted of a
  2 25 crime, in this state or any other state?"  If the person has
  2 26 been convicted of a crime under a law of any state or has a
  2 27 record of founded child or dependent adult abuse, the
  2 28 department of human services shall upon the facility's request
  2 29 perform an evaluation to determine whether the crime or
  2 30 founded child or dependent adult abuse warrants prohibition of
  2 31 employment in the facility.  The evaluation shall be performed
  2 32 in accordance with procedures adopted for this purpose by the
  2 33 department of human services.  If a person owns or operates
  2 34 more than one facility, and an employee of one of such
  2 35 facilities is transferred to another such facility without a
  3  1 lapse in employment, the facility is not required to request
  3  2 additional criminal and dependent adult abuse record checks of
  3  3 that employee.
  3  4    2.  If the department of public safety determines that a
  3  5 person has committed a crime or has a record of founded
  3  6 dependent adult abuse and is to be employed in a facility
  3  7 licensed under this chapter, the department of public safety
  3  8 shall notify the licensee that an evaluation, if requested by
  3  9 the facility, will be conducted by the department of human
  3 10 services to determine whether prohibition of the person's
  3 11 employment is warranted.  If a department of human services
  3 12 child or dependent adult abuse record records check determines
  3 13 the person has a record of founded child or dependent adult
  3 14 abuse, the department of human services shall inform the
  3 15 licensee that an evaluation, if requested by the facility,
  3 16 will be conducted to determine whether prohibition of the
  3 17 person's employment is warranted.
  3 18    Sec. 3.  Section 135C.33, subsection 4, Code 2001, is
  3 19 amended to read as follows:
  3 20    4.  A person shall not be employed in a facility licensed
  3 21 under this chapter unless an evaluation has been performed by
  3 22 the department of human services.  If the department of human
  3 23 services determines from the evaluation that the person has
  3 24 committed a crime or has a record of founded child or
  3 25 dependent adult abuse which warrants prohibition of
  3 26 employment, the person shall not be employed in a facility
  3 27 licensed under this chapter.
  3 28    Sec. 4.  Section 235B.6, subsection 2, paragraph b,
  3 29 subparagraph (2), Code 2001, is amended to read as follows:
  3 30    (2)  An employee or agent of the department responsible for
  3 31 the investigation of a dependent adult abuse report or for the
  3 32 purpose of performing record checks as required under section
  3 33 135C.33.
  3 34    Sec. 5.  Section 235B.6, subsection 2, paragraph e,
  3 35 subparagraph (7), Code 2001, is amended by striking the
  4  1 subparagraph.  
  4  2 
  4  3 
  4  4                                                             
  4  5                               BRENT SIEGRIST
  4  6                               Speaker of the House
  4  7 
  4  8 
  4  9                                                             
  4 10                               MARY E. KRAMER
  4 11                               President of the Senate
  4 12 
  4 13    I hereby certify that this bill originated in the House and
  4 14 is known as House File 228, Seventy-ninth General Assembly.
  4 15 
  4 16 
  4 17                                                             
  4 18                               MARGARET THOMSON
  4 19                               Chief Clerk of the House
  4 20 Approved                , 2001
  4 21 
  4 22 
  4 23                            
  4 24 THOMAS J. VILSACK
  4 25 Governor
     
Text: HF00227                           Text: HF00229
Text: HF00200 - HF00299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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