Text: HSB00145                          Text: HSB00147
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 146

Bill Text

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 first three six thousand eight hundred eighty-
  1  5 nine dollars in equity value of a motor vehicle.  Beginning
  1  6 July 1, 1997, and continuing in succeeding fiscal years, the
  1  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 each
  1 11 adult and to each working individual in a family who is
  1 12 nineteen 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, if
  1 33 the court finds that the parent, guardian, or legal or actual
  1 34 custodian of the child has been subject to sanction under
  1 35 section 239B.2A as a result of the child's truancy, the court
  2  1 may 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.  If
  2 16 the child is a member of a family receiving assistance under
  2 17 the family investment program, the department of human
  2 18 services shall be notified and shall make the contacts for
  2 19 participation in the attendance cooperation meeting in lieu of
  2 20 the school truancy officer.  For a child who is a member of a
  2 21 family receiving assistance under the family investment
  2 22 program, the attendance cooperation meeting shall include the
  2 23 child's parent or specified relative whose needs are included
  2 24 in the child's assistance grant and a representative of the
  2 25 department of human services.  The school truancy officer or
  2 26 the representative of the department of human services
  2 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 department
  3  3 of human services, if the department made the contacts for the
  3  4 attendance 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 section 239B.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 section 239B.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 section 239B.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  4 239B.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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