Text: HF02349 Text: HF02351 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2350 1 2 1 3 AN ACT 1 4 RELATING TO FAMILY INVESTMENT PROGRAM ELIGIBILITY REQUIREMENTS 1 5 INVOLVING MOTOR VEHICLE EQUITY, FAMILY INVESTMENT PLANS, 1 6 LIMITED BENEFIT PLANS, AND REQUIRED SCHOOL ATTENDANCE AND 1 7 INCLUDING AN APPLICABILITY PROVISION. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 239B.7, subsection 8, Code 2003, is 1 12 amended to read as follows: 1 13 8. MOTOR VEHICLE DISREGARD. The department shall 1 14 disregard thefirst three thousand eight hundred eighty-nine1 15dollars in equityvalue ofaone motor vehicle.Beginning1 16July 1, 1997, and continuing in succeeding fiscal years, the1 17motor vehicle equity value disregarded by the department shall1 18be increased by the latest increase in the consumer price1 19index for used vehicles during the previous state fiscal year.1 20This disregard shall be applicable to each adult and to each1 21working individual in a family who is nineteen years of age or1 22younger.Theamount of a motor vehicle's equity in excess of1 23the amount of the motor vehicle disregardcountable equity 1 24 value of any additional motor vehicle shall apply to the 1 25 resource limitation established in subsection 9. 1 26 Sec. 2. Section 239B.8, subsection 1, paragraph b, Code 1 27 2003, is amended to read as follows: 1 28 b. The individual is sixteen through eighteen years of 1 29 age, is not a parent, and is attending elementary or secondary 1 30 school, or the equivalent level of vocational or technical 1 31 school, on a full-time basis. If an individual loses exempt 1 32 status under this paragraph and the individual has signed a 1 33 family investment agreement, the individual shall remain 1 34 subject to the terms of the agreement until the terms are 1 35 completed. 2 1 Sec. 3. Section 239B.8, subsection 2, Code 2003, is 2 2 amended by adding the following new paragraph: 2 3 NEW PARAGRAPH. j. INCREMENTAL FAMILY INVESTMENT 2 4 AGREEMENTS. If an individual or family has an acknowledged 2 5 barrier, the individual's or family's plan for self- 2 6 sufficiency may be specified in one or more incremental family 2 7 investment agreements. 2 8 Sec. 4. Section 239B.9, subsection 2, paragraphs a and b, 2 9 Code 2003, are amended to read as follows: 2 10 a. PARENT. If the participant responsible for the family 2 11 investment agreement is a parentor a specified relative, the 2 12 limited benefit plan is applicable to the entire participant 2 13 family. If the family reapplies for assistance after an 2 14 ineligibility period, eligibility shall be established in the 2 15 same manner as for any other new applicant. 2 16 b. NEEDY RELATIVEPAYEEOR INCAPACITATED STEP PARENT. If 2 17 the participant choosing a limited benefit plan is a needy 2 18 relative who acts as payee when the parent is in the home but 2 19 is unable to act as payee, is a needy relative who assumes the 2 20 role of parent, or is a dependent child's step parent whose 2 21 needs are included in the assistance because of incapacityor2 22caregiving, the limited benefit plan shall apply only to the 2 23 individual participant choosing the plan. 2 24 Sec. 5. Section 299.6, unnumbered paragraph 7, Code 2003, 2 25 is amended by striking the unnumbered paragraph. 2 26 Sec. 6. Section 299.6A, subsection 1, Code 2003, is 2 27 amended to read as follows: 2 28 1. In lieu of a criminal proceeding under section 299.6, a 2 29 county attorney may bring a civil action against a parent, 2 30 guardian, or legal or actual custodian of a child who is of 2 31 compulsory attendance age, has not completed educational 2 32 requirements, and is truant, if the parent, guardian, or legal 2 33 or actual custodian has failed to cause the child to attend a 2 34 public school, an accredited nonpublic school, or competent 2 35 private instruction in the manner provided in this chapter. 3 1 If the court finds that the parent, guardian, or legal or 3 2 actual custodian has failed to cause the child to attend as 3 3 required in this section, the court shall assess a civil 3 4 penalty of not less than one hundred but not more than one 3 5 thousand dollars, for each violation established.However, if3 6the court finds that the parent, guardian, or legal or actual3 7custodian of the child has been subject to sanction under3 8section 239B.2A as a result of the child's truancy, the court3 9may waive the civil penalty under this section.3 10 Sec. 7. Section 299.12, subsections 2 and 4, Code 2003, 3 11 are amended to read as follows: 3 12 2. This section is not applicable to a child who is 3 13 receiving competent private instruction in accordance with the 3 14 requirements of chapter 299A. If a child is not in compliance 3 15 with the attendance requirements established under section 3 16 299.1, and has not completed educational requirements through 3 17 the sixth grade, and the school has used every means available 3 18 to assure the child does attend, the school truancy officer 3 19 shall contact the child's parent, guardian, or legal or actual 3 20 custodian to participate in an attendance cooperation meeting. 3 21 The parties to the attendance cooperation meeting may include 3 22 the child and shall include the child's parent, guardian, or 3 23 legal or actual custodian and the school truancy officer.If3 24the child is a member of a family receiving assistance under3 25the family investment program, the department of human3 26services shall be notified and shall make the contacts for3 27participation in the attendance cooperation meeting in lieu of3 28the school truancy officer. For a child who is a member of a3 29family receiving assistance under the family investment3 30program, the attendance cooperation meeting shall include the3 31child's parent or specified relative whose needs are included3 32in the child's assistance grant and a representative of the3 33department of human services.The school truancy officeror3 34the representative of the department of human services3 35 contacting the participants in the attendance cooperation 4 1 meeting may invite other school officials, a designee of the 4 2 juvenile court, the county attorney or the county attorney's 4 3 designee, or other persons deemed appropriate to participate 4 4 in the attendance cooperation meeting. 4 5 4. If the parties to an attendance cooperation meeting 4 6 determine that a monitor would improve compliance with the 4 7 attendance cooperation agreement, the parties may designate a 4 8 person to monitor the agreement. The monitor shall be a 4 9 designee of the public school board or governing body of the 4 10 accredited nonpublic school, or a designee of the department4 11of human services, if the department made the contacts for the4 12attendance cooperation meeting. The monitor may be a 4 13 volunteer if the volunteer is approved by all parties to the 4 14 agreement and receives a written authorization for access to 4 15 confidential information and for performing monitor activities 4 16 from the child's parent, guardian, or custodian. A monitor 4 17 shall contact parties to the attendance cooperation agreement 4 18 on a periodic basis as appropriate to monitor performance of 4 19 the agreement. 4 20 Sec. 8. Section 299.12, subsection 6, Code 2003, is 4 21 amended by striking the subsection. 4 22 Sec. 9. Section 299.13, Code 2003, is amended to read as 4 23 follows: 4 24 299.13 CIVIL ENFORCEMENT. 4 25 A person shall not disseminate or redisseminate information 4 26 shared with the person pursuant to section239B.2A,299.5A,or 4 27 299.12, unless specifically authorized to do so by section 4 28 217.30,239B.2A,299.5A, or 299.12. Unless a prohibited 4 29 dissemination or redissemination of information is subject to 4 30 injunction or sanction under other state or federal law, an 4 31 action for judicial enforcement may be brought in accordance 4 32 with this section. An aggrieved person, the attorney general, 4 33 or a county attorney may seek judicial enforcement of the 4 34 requirements of this section in an action brought against the 4 35 public school or accredited nonpublic school or any other 5 1 person who has been granted access to information pursuant to 5 2 section239B.2A,299.5A,or 299.12. Suits to enforce this 5 3 section shall be brought in the district court for the county 5 4 in which the information was disseminated or redisseminated. 5 5 Upon a finding by a preponderance of the evidence that a 5 6 person has violated this section, the court shall issue an 5 7 injunction punishable by civil contempt ordering the person in 5 8 violation of this section to comply with the requirements of, 5 9 and to refrain from any violations of section239B.2A,299.5A,5 10 or 299.12 with respect to the dissemination or redissemination 5 11 of information shared with the person pursuant to section 5 12239B.2A,299.5A,or 299.12. 5 13 Sec. 10. CODE EDITOR. In codifying the provisions of this 5 14 Act, the Code editor shall revise the section 299.12 headnote 5 15 to eliminate the reference to the family investment program. 5 16 Sec. 11. Section 239B.2A, Code Supplement 2003, is 5 17 repealed. 5 18 Sec. 12. APPLICABILITY. The provisions of this Act 5 19 amending section 239B.7 are applicable during the fiscal year 5 20 commencing July 1, 2004, on a date identified in 5 21 administrative rule adopted for this purpose by the department 5 22 of human services. 5 23 5 24 5 25 5 26 CHRISTOPHER C. RANTS 5 27 Speaker of the House 5 28 5 29 5 30 5 31 JEFFREY M. LAMBERTI 5 32 President of the Senate 5 33 5 34 I hereby certify that this bill originated in the House and 5 35 is known as House File 2350, Eightieth General Assembly. 6 1 6 2 6 3 6 4 MARGARET THOMSON 6 5 Chief Clerk of the House 6 6 Approved , 2004 6 7 6 8 6 9 6 10 THOMAS J. VILSACK 6 11 Governor
Text: HF02349 Text: HF02351 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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