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PAG LIN 1 1 Section 1. Section 97A.6, subsection 6, paragraph c, Code 1 2 2001, is amended to read as follows: 1 3 c. Upon retirement for accidental disability on or after 1 4 July 1, 1998, a member shall receive an accidental disability 1 5 retirement allowance which shall consist of a pension in an 1 6 amount equal to the greater of sixty percent of the member's 1 7 average final compensation or the retirement allowance that 1 8 the member would receive under subsection 2 if the memberhas1 9 had attained fifty-five years of age. 1 10 Sec. 2. NEW SECTION. 97A.14A LIABILITY OF THIRD PARTIES 1 11 – SUBROGATION. 1 12 1. If a member receives an injury or dies for which 1 13 benefits are payable under section 97A.6, subsection 3, 5, 8, 1 14 or 9, or section 97A.14, and if the injury or death is caused 1 15 under circumstances creating a legal liability for damages 1 16 against a third party other than the system, the system is 1 17 subrogated to the rights of the member or the member's 1 18 beneficiary entitled to receive a death benefit and may 1 19 maintain an action for damages against the third party for 1 20 lost earnings and lost earnings capacity. If the system 1 21 recovers damages in the action, the court shall enter judgment 1 22 for distribution of the recovery as follows: 1 23 a. A sum sufficient to repay the system for the amount of 1 24 such benefits actually paid by the system up to the time of 1 25 the entering of the judgment. 1 26 b. A sum sufficient to pay the system the present worth, 1 27 computed at the interest rate provided in section 535.3 for 1 28 court judgments and decrees, of the future payments of such 1 29 benefits, for which the system is liable, but the sum is not a 1 30 final adjudication of the future payments which the member is 1 31 entitled to receive. 1 32 c. A sum sufficient to repay the system for the costs and 1 33 expenses of maintaining the action. 1 34 d. Any balance remaining after the repayments provided by 1 35 paragraphs "a" through "c" shall be paid to the injured 2 1 member, or the beneficiary under section 97A.6, subsection 8 2 2 or 9, whichever is applicable. 2 3 2. If the system, after receiving written notice of the 2 4 third-party liability, declines in writing to maintain an 2 5 action against the third party or fails to maintain an action 2 6 within one hundred eighty days of receiving written notice of 2 7 the third-party liability, the member, the member's estate, or 2 8 the legal representative of the member or the member's estate, 2 9 may maintain an action for damages against the third party. 2 10 If such an action is commenced, the plaintiff member, estate, 2 11 or representative shall serve a copy of the original notice 2 12 upon the system not less than ten days before the trial of the 2 13 action, but a failure to serve the notice does not prejudice 2 14 the rights of the system, and the following rights and duties 2 15 ensue: 2 16 a. The system shall be indemnified out of the recovery of 2 17 damages to the extent of benefit payments paid or awarded by 2 18 the system, with legal interest, except that the plaintiff 2 19 member's or estate's attorney fees may be first allowed by the 2 20 district court. For purposes of this paragraph, "benefit 2 21 payments paid or awarded" means the sum of the following 2 22 amounts: 2 23 (1) The amount of benefits actually paid by the system up 2 24 to the time of the entering of the judgment. 2 25 (2) The present worth, computed at the interest rate 2 26 provided in section 535.3 for court judgments and decrees, of 2 27 the future payments of such benefits, for which the system is 2 28 liable, but the sum is not a final adjudication of the future 2 29 payments which the member is entitled to receive. 2 30 b. The system has a lien on the damage claim against the 2 31 third party and on any judgment on the damage claim for 2 32 benefits for which the system is liable. In order to continue 2 33 and preserve the lien, the system shall file a notice of the 2 34 lien within thirty days after receiving a copy of the original 2 35 notice in the office of the clerk of the district court in 3 1 which the action is filed. 3 2 3. Before a settlement is effective between the system and 3 3 a third party who is liable for an injury or death, the member 3 4 or beneficiary must consent in writing to the settlement; and 3 5 if the settlement is between the member or the member's estate 3 6 and a third party, the system must consent in writing to the 3 7 settlement; or on refusal to consent, in either case, the 3 8 district court in the county in which either the city or the 3 9 system is located must consent in writing to the settlement. 3 10 4. For purposes of subrogation under this section, a 3 11 payment made to an injured member, a member's estate, or the 3 12 legal representative of the member or member's estate, by or 3 13 on behalf of a third party or the third party's principal or 3 14 agent, who is liable for, connected with, or involved in 3 15 causing the injury or death of the member, shall be considered 3 16 paid as damages because the injury or death was caused under 3 17 circumstances creating a legal liability against the third 3 18 party, whether the payment is made under a covenant not to 3 19 sue, compromise settlement, denial of liability, or is 3 20 otherwise made. 3 21 Sec. 3. Section 103A.12, Code 2001, is amended to read as 3 22 follows: 3 23 103A.12 ADOPTION AND WITHDRAWAL – PROCEDURE. 3 24 The state building code is applicable in each governmental 3 25 subdivision of the state in which the governing body has 3 26 enacted an ordinance accepting the applicability of the code 3 27 and has filed a certified copy of the ordinance in the office 3 28 of the commissionerand in the office of the secretary of3 29state. The state building code becomes effective in the 3 30 governmental subdivision upon the date fixed by the 3 31 governmental subdivision ordinance,if the date iswhich must 3 32 not be more than six months after the date of adoption of the 3 33 ordinance. 3 34 A governmental subdivision in which the state building code 3 35 is applicable may by ordinance, at any time after one year has 4 1 elapsed since the code became applicable, withdraw from the 4 2 application of the code, if before the ordinance is voted4 3upon, the. The local governing bodyholdsshall hold a public 4 4 hearing, after giving not less than fournorbut not more than 4 5 twenty days' public notice, together with written notice to 4 6 the commissioner of the time, place, and purpose of the 4 7 hearing, before the ordinance to withdraw is voted upon. A 4 8 certified copy of the vote of the local governing body shall 4 9 be transmitted within ten days after the vote is taken to the 4 10 commissionerand to the secretary of state for filing. The 4 11 ordinance becomes effective at a time to be specified init4 12 the ordinance, which must be not less than one hundred eighty 4 13 days after the date of adoption. Upon the effective date of 4 14 the ordinance, the state building code ceases to apply to the 4 15 governmental subdivision except that construction of a 4 16 building or structure pursuant to a permit previously issued 4 17 is not affected by the withdrawal. 4 18 A governmental subdivision which has withdrawn from the 4 19 application of the state building code may, at any time 4 20 thereafter, restore the application of the code in the same 4 21 manner as specified in this section. 4 22 Sec. 4. Section 135C.33, subsections 1 and 2, Code 2001, 4 23 are amended to read as follows: 4 24 1. Beginning July 1, 1997, prior to employment of a person 4 25 in a facility, the facility shall request that the department 4 26 of public safety perform a criminal history check and the 4 27 department of human services perform a dependent adult abuse 4 28 recordcheckscheck of the person in this state. In addition, 4 29 the facility may request that the department of human services 4 30 perform a child abuse record check in this state. Beginning 4 31 July 1, 1997, a facility shall inform all persons prior to 4 32 employment regarding the performance of the records checks and 4 33 shall obtain, from the persons, a signed acknowledgment of the 4 34 receipt of the information. Additionally, a facility shall 4 35 include the following inquiry in an application for 5 1 employment: "Do you have a record of founded child or 5 2 dependent adult abuse or have you ever been convicted of a 5 3 crime, in this state or any other state?" If the person has 5 4 been convicted of a crime under a law of any state or has a 5 5 record of founded child or dependent adult abuse, the 5 6 department of human services shall upon the facility's request 5 7 perform an evaluation to determine whether the crime or 5 8 founded child or dependent adult abuse warrants prohibition of 5 9 employment in the facility. The evaluation shall be performed 5 10 in accordance with procedures adopted for this purpose by the 5 11 department of human services. If a person owns or operates 5 12 more than one facility, and an employee of one of such 5 13 facilities is transferred to another such facility without a 5 14 lapse in employment, the facility is not required to request 5 15 additional criminal and dependent adult abuse record checks of 5 16 that employee. 5 17 2. If the department of public safety determines that a 5 18 person has committed a crimeor has a record of founded5 19dependent adult abuseand is to be employed in a facility 5 20 licensed under this chapter, the department of public safety 5 21 shall notify the licensee that an evaluation, if requested by 5 22 the facility, will be conducted by the department of human 5 23 services to determine whether prohibition of the person's 5 24 employment is warranted. If a department of human services 5 25 child or dependent adult abuserecordrecords check determines 5 26 the person has a record of founded child or dependent adult 5 27 abuse, the department of human services shall inform the 5 28 licensee that an evaluation, if requested by the facility, 5 29 will be conducted to determine whether prohibition of the 5 30 person's employment is warranted. 5 31 Sec. 5. Section 235B.6, subsection 2, paragraph b, 5 32 subparagraph (2), Code 2001, is amended to read as follows: 5 33 (2) An employee or agent of the department responsible for 5 34 the investigation of a dependent adult abuse report or for the 5 35 purpose of performing record checks as required under section 6 1 135C.53. 6 2 Sec. 6. Section 235B.6, subsection 2, paragraph e, 6 3 subparagraph (7), Code 2001, is amended by striking the 6 4 subparagraph. 6 5 EXPLANATION 6 6 This bill relates to the duties and peace officer employees 6 7 of the department of public safety. 6 8 Code section 97A.6, concerning allowance on ordinary or 6 9 accidental disability retirement for public safety peace 6 10 officers, is amended. The change provides that a public 6 11 safety officer retiring under an accidental disability benefit 6 12 receive the same benefits as an officer retiring under an 6 13 ordinary disability benefit. Under current law an officer 6 14 under the age of 55 and with 22 years or more experience who 6 15 retires under ordinary disability would receive more benefits 6 16 than a similarly situated officer who retires under accidental 6 17 disability. 6 18 New Code section 97A.14A, concerning the public safety 6 19 peace officers' retirement, accident, and disability system, 6 20 is created. The new section provides that the system is 6 21 subrogated to the rights of a member's beneficiary or to that 6 22 of a member who is injured while in the performance of the 6 23 member's duties, and receives a death or disability benefit in 6 24 which a third party is liable. The new section provides that 6 25 the system is entitled to bring an action against a liable 6 26 third party for lost earnings and lost earnings capacity. The 6 27 section further provides that if the system recovers damages, 6 28 the court shall enter judgment in an amount for the system 6 29 sufficient to pay the system for any past and future benefits 6 30 for which the system is liable and to pay the system the costs 6 31 of the action. The remainder of any damages recovered shall 6 32 be awarded to the member or the member's beneficiary or 6 33 estate. 6 34 In addition, the new Code section provides that the member 6 35 or the member's estate may maintain an action if the system 7 1 declines in writing to maintain an action or fails to maintain 7 2 an action within 180 days of receiving notice of the potential 7 3 third-party liability. If the member or member's estate 7 4 recovers damages, the system shall be indemnified out of the 7 5 damages to the extent benefits were paid by the system plus 7 6 interest. 7 7 Code section 103A.12, concerning the applicability of the 7 8 state building code, is amended. The amended Code section 7 9 provides that if a governmental subdivision accepts the 7 10 applicability of the state building code, the governmental 7 11 subdivision must file a certified copy of the ordinance only 7 12 with the commissioner of public safety. Under current law, a 7 13 governmental subdivision must also file a certified copy of 7 14 the ordinance with the secretary of state. In addition, if a 7 15 governmental subdivision votes to withdraw from the 7 16 applicability of the state building code, the governmental 7 17 subdivision must file a certified copy of the vote only with 7 18 the commissioner of public safety. Under current law, the 7 19 governmental subdivision must also file a certified copy of 7 20 the vote with the secretary of state. 7 21 Code section 135C.33, concerning background checks on a 7 22 person seeking employment at a residential care or nursing 7 23 facility, is amended. The amended Code section provides that 7 24 the department of human services shall perform a dependent 7 25 adult abuse record check on a person seeking employment at 7 26 such a facility. The amended Code section also provides that 7 27 the department of human services shall notify the facility 7 28 about whether a person has a record of founded dependent adult 7 29 abuse. Under current law, the department of public safety 7 30 must perform and provide notice of the dependent adult abuse 7 31 record check. 7 32 Additionally, the amended Code section provides that if a 7 33 person is to be employed at the facility and the person has a 7 34 founded child or dependent adult abuse record, or has a 7 35 criminal history, the department of human services shall only 8 1 conduct an evaluation of the employability of the person, if 8 2 the facility requests such an evaluation. Under current law, 8 3 if a person has a founded child or dependent adult abuse 8 4 record or has a criminal history, and the person is to be 8 5 employed by the facility, the facility is not required to 8 6 request an evaluation of the employability of the person from 8 7 the department of human services but the department is 8 8 required to conduct the evaluation. 8 9 LSB 1018DP 79 8 10 jm/pj/5 8 11
Text: HSB00061 Text: HSB00063 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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