Text: S03442 Text: S03444 Text: S03400 - S03499 Text: S 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 and inserting 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 SF 466H 4 11 jp/es/25
Text: S03442 Text: S03444 Text: S03400 - S03499 Text: S Index Bills and Amendments: General Index Bill History: General Index
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