Text: HSB00145 Text: HSB00147 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 239B.7, subsection 8, Code 2003, is 1 2 amended to read as follows: 1 3 8. MOTOR VEHICLE DISREGARD. The department shall 1 4 disregard the firstthreesix thousandeight hundred eighty-1 5ninedollars in equity value of a motor vehicle.Beginning1 6July 1, 1997, and continuing in succeeding fiscal years, the1 7 The motor vehicle equity value disregarded by the department 1 8 shall be increased annually by the latest increase in the 1 9 consumer price index for used vehicles during the previous 1 10 state fiscal year.This disregard shall be applicable to each1 11adult and to each working individual in a family who is1 12nineteen years of age or younger.The amount of a motor 1 13 vehicle's equity in excess of the amount of the motor vehicle 1 14 disregard shall apply to the resource limitation established 1 15 in subsection 9. 1 16 Sec. 2. Section 299.6, unnumbered paragraph 7, Code 2003, 1 17 is amended by striking the unnumbered paragraph. 1 18 Sec. 3. Section 299.6A, subsection 1, Code 2003, is 1 19 amended to read as follows: 1 20 1. In lieu of a criminal proceeding under section 299.6, a 1 21 county attorney may bring a civil action against a parent, 1 22 guardian, or legal or actual custodian of a child who is of 1 23 compulsory attendance age, has not completed educational 1 24 requirements, and is truant, if the parent, guardian, or legal 1 25 or actual custodian has failed to cause the child to attend a 1 26 public school, an accredited nonpublic school, or competent 1 27 private instruction in the manner provided in this chapter. 1 28 If the court finds that the parent, guardian, or legal or 1 29 actual custodian has failed to cause the child to attend as 1 30 required in this section, the court shall assess a civil 1 31 penalty of not less than one hundred but not more than one 1 32 thousand dollars, for each violation established.However, if1 33the court finds that the parent, guardian, or legal or actual1 34custodian of the child has been subject to sanction under1 35section 239B.2A as a result of the child's truancy, the court2 1may waive the civil penalty under this section.2 2 Sec. 4. Section 299.12, subsections 2 and 4, Code 2003, 2 3 are amended to read as follows: 2 4 2. This section is not applicable to a child who is 2 5 receiving competent private instruction in accordance with the 2 6 requirements of chapter 299A. If a child is not in compliance 2 7 with the attendance requirements established under section 2 8 299.1, and has not completed educational requirements through 2 9 the sixth grade, and the school has used every means available 2 10 to assure the child does attend, the school truancy officer 2 11 shall contact the child's parent, guardian, or legal or actual 2 12 custodian to participate in an attendance cooperation meeting. 2 13 The parties to the attendance cooperation meeting may include 2 14 the child and shall include the child's parent, guardian, or 2 15 legal or actual custodian and the school truancy officer.If2 16the child is a member of a family receiving assistance under2 17the family investment program, the department of human2 18services shall be notified and shall make the contacts for2 19participation in the attendance cooperation meeting in lieu of2 20the school truancy officer. For a child who is a member of a2 21family receiving assistance under the family investment2 22program, the attendance cooperation meeting shall include the2 23child's parent or specified relative whose needs are included2 24in the child's assistance grant and a representative of the2 25department of human services.The school truancy officeror2 26the representative of the department of human services2 27 contacting the participants in the attendance cooperation 2 28 meeting may invite other school officials, a designee of the 2 29 juvenile court, the county attorney or the county attorney's 2 30 designee, or other persons deemed appropriate to participate 2 31 in the attendance cooperation meeting. 2 32 4. If the parties to an attendance cooperation meeting 2 33 determine that a monitor would improve compliance with the 2 34 attendance cooperation agreement, the parties may designate a 2 35 person to monitor the agreement. The monitor shall be a 3 1 designee of the public school board or governing body of the 3 2 accredited nonpublic school, or a designee of the department3 3of human services, if the department made the contacts for the3 4attendance cooperation meeting. The monitor may be a 3 5 volunteer if the volunteer is approved by all parties to the 3 6 agreement and receives a written authorization for access to 3 7 confidential information and for performing monitor activities 3 8 from the child's parent, guardian, or custodian. A monitor 3 9 shall contact parties to the attendance cooperation agreement 3 10 on a periodic basis as appropriate to monitor performance of 3 11 the agreement. 3 12 Sec. 5. Section 299.12, subsection 6, Code 2003, is 3 13 amended by striking the subsection. 3 14 Sec. 6. Section 299.13, Code 2003, is amended to read as 3 15 follows: 3 16 299.13 CIVIL ENFORCEMENT. 3 17 A person shall not disseminate or redisseminate information 3 18 shared with the person pursuant to section239B.2A,299.5A,or 3 19 299.12, unless specifically authorized to do so by section 3 20 217.30,239B.2A,299.5A, or 299.12. Unless a prohibited 3 21 dissemination or redissemination of information is subject to 3 22 injunction or sanction under other state or federal law, an 3 23 action for judicial enforcement may be brought in accordance 3 24 with this section. An aggrieved person, the attorney general, 3 25 or a county attorney may seek judicial enforcement of the 3 26 requirements of this section in an action brought against the 3 27 public school or accredited nonpublic school or any other 3 28 person who has been granted access to information pursuant to 3 29 section239B.2A,299.5A,or 299.12. Suits to enforce this 3 30 section shall be brought in the district court for the county 3 31 in which the information was disseminated or redisseminated. 3 32 Upon a finding by a preponderance of the evidence that a 3 33 person has violated this section, the court shall issue an 3 34 injunction punishable by civil contempt ordering the person in 3 35 violation of this section to comply with the requirements of, 4 1 and to refrain from any violations of section239B.2A,299.5A,4 2 or 299.12 with respect to the dissemination or redissemination 4 3 of information shared with the person pursuant to section 4 4239B.2A,299.5A,or 299.12. 4 5 Sec. 7. CODE EDITOR. In codifying the provisions of this 4 6 Act, the Code editor shall revise the section 299.12 headnote 4 7 to eliminate the reference to the family investment program. 4 8 Sec. 8. Section 239B.2A, Code 2003, is repealed. 4 9 Sec. 9. APPLICABILITY. The provisions of this Act 4 10 amending section 239B.7 are applicable during the fiscal year 4 11 commencing July 1, 2003, on a date identified in 4 12 administrative rule adopted for this purpose by the 4 13 department. The first annual increase in the motor vehicle 4 14 equity value shall be made on July 1 of the succeeding fiscal 4 15 year. 4 16 EXPLANATION 4 17 This bill relates to family investment program (FIP) 4 18 eligibility requirements involving motor vehicle equity and 4 19 required school attendance. 4 20 Under current law in Code section 239B.7, a certain amount 4 21 of the equity value of a motor vehicle is disregarded in 4 22 determining a family's initial and continuing eligibility for 4 23 the program. The base amount of $3,889 was established in 4 24 1997, subject to an annual increase for inflation. The 4 25 disregard was applicable to each adult and working individual 4 26 age 19 or younger. The bill establishes a new base amount of 4 27 $6,000, subject to inflation, and eliminates the individual 4 28 applicability of the disregard. 4 29 The bill provisions relating to the motor vehicle disregard 4 30 are initially applicable during fiscal year 2003-2004 on a 4 31 date identified in administrative rule adopted by the 4 32 department of human services. The first annual increase in 4 33 the motor vehicle equity value disregard shall be made on July 4 34 1 of the succeeding fiscal year. 4 35 The bill repeals Code section 239B.2A, which requires the 5 1 parent or other specified relative of a child receiving cash 5 2 assistance under FIP to cooperate with efforts to ensure the 5 3 child completes educational requirements through the sixth 5 4 grade. The agreement to cooperate is a condition required of 5 5 those applying for FIP and for continued eligibility for FIP 5 6 assistance. A failure to cooperate makes the family subject 5 7 to a sanction reducing the family's cash benefit. Under 2002 5 8 Iowa Acts, Second Extraordinary Session, chapter 1003, section 5 9 148, the school attendance requirement was suspended for the 5 10 period beginning July 1, 2002, and ending June 30, 2003. 5 11 In addition, the bill eliminates corresponding references 5 12 that provide for the department of human services' involvement 5 13 in the truancy process outlined in Code chapter 299, relating 5 14 to compulsory school attendance. The eliminated provisions 5 15 include authority for a school truancy officer to release 5 16 information to the department and for the department to 5 17 provide information to the officer. The Code editor is 5 18 directed to revise a headnote in Code chapter 229 to eliminate 5 19 a reference to FIP. 5 20 LSB 1221DP 80 5 21 jp/cl/14.1
Text: HSB00145 Text: HSB00147 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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