Text: SF00301                           Text: SF00303
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index



Senate File 302

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 237A.29, Code 2001, is amended to read
  1  2 as follows:
  1  3    237A.29  STATE AND FEDERAL PUBLIC FUNDING OF CHILD CARE.
  1  4    1.  State funds and federal funds provided to the state in
  1  5 accordance with federal requirements shall not be used to pay
  1  6 for the care, supervision, and guidance of a child for periods
  1  7 of less than twenty-four hours per day on a regular basis
  1  8 unless the care, supervision, and guidance is defined as child
  1  9 care as used in this chapter.
  1 10    2.  a.  For the purposes of this subsection, "fraudulent
  1 11 means" means knowingly making or causing to be made, a false
  1 12 statement or a misrepresentation of a material fact, knowingly
  1 13 failing to disclose a material fact, or committing a
  1 14 fraudulent practice.
  1 15    b.  If a child care provider has been found in an
  1 16 administrative or criminal proceeding to have obtained, by
  1 17 fraudulent means, public funding for provision of child care
  1 18 in an amount equal to or in excess of the minimum amount for a
  1 19 fraudulent practice in the second degree under section 714.10,
  1 20 subsection 1, the child care provider is ineligible to receive
  1 21 subsequent public funding for provision of child care.
  1 22    c.  In determining the value of the public funding obtained
  1 23 by fraudulent means, if the public funding is obtained by two
  1 24 or more acts of fraudulent means by the same person or
  1 25 location, or is obtained by different persons by two or more
  1 26 acts which occur in approximately the same location or time
  1 27 period so that the fraudulent means used to obtain the public
  1 28 funding are attributable to a single scheme, plan, or
  1 29 conspiracy, these acts may be considered as a single instance
  1 30 of the use of fraudulent means and the value may be the total
  1 31 value of all money involved.  
  1 32                           EXPLANATION 
  1 33    This bill provides that a child care provider who has been
  1 34 found in an administrative or criminal proceeding to have used
  1 35 fraudulent means to obtain public funding for child care is
  2  1 ineligible to receive further public funding for provision of
  2  2 child care.
  2  3    The bill defines "fraudulent means" to mean knowingly
  2  4 making a false statement or misrepresenting a material fact,
  2  5 knowingly failing to disclose a material fact, or committing a
  2  6 fraudulent practice.  If a child care provider is found to
  2  7 have used fraudulent means to obtain public funding for
  2  8 provision of child care in an amount equal to or in excess of
  2  9 the minimum amount for a fraudulent practice in the second
  2 10 degree, the provider is ineligible to receive further public
  2 11 funding for provision of child care.  The minimum amount for a
  2 12 fraudulent practice in the second degree under Code section
  2 13 714.10(1) is an amount in excess of $1,000.  Such fraudulent
  2 14 practice is a class "D" felony.
  2 15    The bill provides that in determining the value of the
  2 16 public funding obtained by fraudulent means, if two or more
  2 17 acts of fraudulent means used to obtain the funding are
  2 18 attributable to a single scheme, plan, or conspiracy, these
  2 19 acts may be considered to be a single instance of the use of
  2 20 fraudulent means and the value is the total value of all money
  2 21 involved.  
  2 22 LSB 1047SS 79
  2 23 jp/pj/5.1
     

Text: SF00301                           Text: SF00303
Text: SF00300 - SF00399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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