Text: HSB00610 Text: HSB00612 Text: HSB00600 - HSB00699 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 thefirst three thousand eight hundred eighty-nine1 5dollars in equityvalue ofaone motor vehicle.Beginning1 6July 1, 1997, and continuing in succeeding fiscal years, the1 7motor vehicle equity value disregarded by the department shall1 8be increased by the latest increase in the consumer price1 9index for used vehicles during the previous state fiscal year.1 10This disregard shall be applicable to each adult and to each1 11working individual in a family who is nineteen years of age or1 12younger.Theamount of a motor vehicle's equity in excess of1 13the amount of the motor vehicle disregardcountable equity 1 14 value of any additional motor vehicle shall apply to the 1 15 resource limitation established in subsection 9. 1 16 Sec. 2. Section 239B.8, subsection 1, paragraph b, Code 1 17 2003, is amended to read as follows: 1 18 b. The individual is sixteen through eighteen years of 1 19 age, is not a parent, and is attending elementary or secondary 1 20 school, or the equivalent level of vocational or technical 1 21 school, on a full-time basis. If an individual loses exempt 1 22 status under this paragraph and the individual has signed a 1 23 family investment agreement, the individual shall remain 1 24 subject to the terms of the agreement until the terms are 1 25 completed. 1 26 Sec. 3. Section 239B.8, subsection 2, Code 2003, is 1 27 amended by adding the following new paragraph: 1 28 NEW PARAGRAPH. j. INCREMENTAL FAMILY INVESTMENT 1 29 AGREEMENTS. If an individual or family has an acknowledged 1 30 barrier, the individual's or family's plan for self- 1 31 sufficiency may be specified in one or more incremental family 1 32 investment agreements. 1 33 Sec. 4. Section 239B.9, subsection 2, paragraphs a and b, 1 34 Code 2003, are amended to read as follows: 1 35 a. PARENT. If the participant responsible for the family 2 1 investment agreement is a parentor a specified relative, the 2 2 limited benefit plan is applicable to the entire participant 2 3 family. If the family reapplies for assistance after an 2 4 ineligibility period, eligibility shall be established in the 2 5 same manner as for any other new applicant. 2 6 b. NEEDY RELATIVEPAYEEOR INCAPACITATED STEP PARENT. If 2 7 the participant choosing a limited benefit plan is a needy 2 8 relative who acts as payee when the parent is in the home but 2 9 is unable to act as payee, is a needy relative who assumes the 2 10 role of parent, or is a dependent child's step parent whose 2 11 needs are included in the assistance because of incapacityor2 12caregiving, the limited benefit plan shall apply only to the 2 13 individual participant choosing the plan. 2 14 Sec. 5. Section 299.6, unnumbered paragraph 7, Code 2003, 2 15 is amended by striking the unnumbered paragraph. 2 16 Sec. 6. Section 299.6A, subsection 1, Code 2003, is 2 17 amended to read as follows: 2 18 1. In lieu of a criminal proceeding under section 299.6, a 2 19 county attorney may bring a civil action against a parent, 2 20 guardian, or legal or actual custodian of a child who is of 2 21 compulsory attendance age, has not completed educational 2 22 requirements, and is truant, if the parent, guardian, or legal 2 23 or actual custodian has failed to cause the child to attend a 2 24 public school, an accredited nonpublic school, or competent 2 25 private instruction in the manner provided in this chapter. 2 26 If the court finds that the parent, guardian, or legal or 2 27 actual custodian has failed to cause the child to attend as 2 28 required in this section, the court shall assess a civil 2 29 penalty of not less than one hundred but not more than one 2 30 thousand dollars, for each violation established.However, if2 31the court finds that the parent, guardian, or legal or actual2 32custodian of the child has been subject to sanction under2 33section 239B.2A as a result of the child's truancy, the court2 34may waive the civil penalty under this section.2 35 Sec. 7. Section 299.12, subsections 2 and 4, Code 2003, 3 1 are amended to read as follows: 3 2 2. This section is not applicable to a child who is 3 3 receiving competent private instruction in accordance with the 3 4 requirements of chapter 299A. If a child is not in compliance 3 5 with the attendance requirements established under section 3 6 299.1, and has not completed educational requirements through 3 7 the sixth grade, and the school has used every means available 3 8 to assure the child does attend, the school truancy officer 3 9 shall contact the child's parent, guardian, or legal or actual 3 10 custodian to participate in an attendance cooperation meeting. 3 11 The parties to the attendance cooperation meeting may include 3 12 the child and shall include the child's parent, guardian, or 3 13 legal or actual custodian and the school truancy officer.If3 14the child is a member of a family receiving assistance under3 15the family investment program, the department of human3 16services shall be notified and shall make the contacts for3 17participation in the attendance cooperation meeting in lieu of3 18the school truancy officer. For a child who is a member of a3 19family receiving assistance under the family investment3 20program, the attendance cooperation meeting shall include the3 21child's parent or specified relative whose needs are included3 22in the child's assistance grant and a representative of the3 23department of human services.The school truancy officeror3 24the representative of the department of human services3 25 contacting the participants in the attendance cooperation 3 26 meeting may invite other school officials, a designee of the 3 27 juvenile court, the county attorney or the county attorney's 3 28 designee, or other persons deemed appropriate to participate 3 29 in the attendance cooperation meeting. 3 30 4. If the parties to an attendance cooperation meeting 3 31 determine that a monitor would improve compliance with the 3 32 attendance cooperation agreement, the parties may designate a 3 33 person to monitor the agreement. The monitor shall be a 3 34 designee of the public school board or governing body of the 3 35 accredited nonpublic school, or a designee of the department4 1of human services, if the department made the contacts for the4 2attendance cooperation meeting. The monitor may be a 4 3 volunteer if the volunteer is approved by all parties to the 4 4 agreement and receives a written authorization for access to 4 5 confidential information and for performing monitor activities 4 6 from the child's parent, guardian, or custodian. A monitor 4 7 shall contact parties to the attendance cooperation agreement 4 8 on a periodic basis as appropriate to monitor performance of 4 9 the agreement. 4 10 Sec. 8. Section 299.12, subsection 6, Code 2003, is 4 11 amended by striking the subsection. 4 12 Sec. 9. Section 299.13, Code 2003, is amended to read as 4 13 follows: 4 14 299.13 CIVIL ENFORCEMENT. 4 15 A person shall not disseminate or redisseminate information 4 16 shared with the person pursuant to section 239B.2A, 299.5A, or 4 17 299.12, unless specifically authorized to do so by section 4 18 217.30,239B.2A,299.5A, or 299.12. Unless a prohibited 4 19 dissemination or redissemination of information is subject to 4 20 injunction or sanction under other state or federal law, an 4 21 action for judicial enforcement may be brought in accordance 4 22 with this section. An aggrieved person, the attorney general, 4 23 or a county attorney may seek judicial enforcement of the 4 24 requirements of this section in an action brought against the 4 25 public school or accredited nonpublic school or any other 4 26 person who has been granted access to information pursuant to 4 27 section239B.2A,299.5A,or 299.12. Suits to enforce this 4 28 section shall be brought in the district court for the county 4 29 in which the information was disseminated or redisseminated. 4 30 Upon a finding by a preponderance of the evidence that a 4 31 person has violated this section, the court shall issue an 4 32 injunction punishable by civil contempt ordering the person in 4 33 violation of this section to comply with the requirements of, 4 34 and to refrain from any violations of section239B.2A,299.5A,4 35 or 299.12 with respect to the dissemination or redissemination 5 1 of information shared with the person pursuant to section 5 2239B.2A,299.5A,or 299.12. 5 3 Sec. 10. CODE EDITOR. In codifying the provisions of this 5 4 Act, the Code editor shall revise the section 299.12 headnote 5 5 to eliminate the reference to the family investment program. 5 6 Sec. 11. Section 239B.2A, Code Supplement 2003, is 5 7 repealed. 5 8 Sec. 12. APPLICABILITY. The provisions of this Act 5 9 amending section 239B.7 are applicable during the fiscal year 5 10 commencing July 1, 2004, on a date identified in 5 11 administrative rule adopted for this purpose by the department 5 12 of human services. 5 13 EXPLANATION 5 14 This bill relates to family investment program (FIP) 5 15 eligibility requirements involving motor vehicle equity and 5 16 required school attendance. 5 17 Under current law in Code section 239B.7, a certain amount 5 18 of the equity value of a motor vehicle is disregarded in 5 19 determining a family's initial and continuing eligibility for 5 20 the program. The base amount of $3,889 was established in 5 21 1997, subject to an annual increase for inflation. The 5 22 disregard was applicable to each adult and working individual 5 23 age 19 or younger. The bill applies the disregard to the 5 24 value of one motor vehicle, provides that the equity value of 5 25 any additional motor vehicle is applied to the overall 5 26 resource limitations applicable to the family, and eliminates 5 27 the individual applicability of the disregard. 5 28 The bill's provisions relating to the motor vehicle 5 29 disregard are initially applicable during fiscal year 2004- 5 30 2005 on a date identified in administrative rule adopted by 5 31 the department of human services. 5 32 The bill amends one of the exemptions from the requirement 5 33 that a FIP participant family member must enter into a family 5 34 investment agreement in Code section 239B.8. The exemption is 5 35 applicable to a family member age 16 through 18 who is not a 6 1 parent and is attending K-12 school on a full-time basis. The 6 2 bill provides that if such an individual loses this exempt 6 3 status and has signed a family investment agreement, the 6 4 individual is subject to the agreement until the terms are 6 5 completed. 6 6 The bill provides a new participation option that may be 6 7 included in the terms of a family investment agreement under 6 8 Code section 239B.8 to allow the self-sufficiency plan for an 6 9 individual or family with an acknowledged barrier to be 6 10 specified in one or more family investment agreements. 6 11 The bill revises the requirements for a limited benefit 6 12 plan applicable, under Code section 239B.9, to FIP participant 6 13 families and individuals who choose to be noncompliant with a 6 14 FIP program requirement. Under the bill, a limited benefit 6 15 plan would not be applicable to a specified relative with whom 6 16 a child resides. An exception that limits the applicability 6 17 of a limited benefit plan to an individual instead of the 6 18 whole family is expanded to include a needy relative who 6 19 assumes the role of a parent. That exception is narrowed to 6 20 no longer apply to a stepparent whose needs are included in 6 21 assistance because of caregiving. 6 22 The bill repeals Code section 239B.2A, which requires the 6 23 parent or other specified relative of a child receiving cash 6 24 assistance under FIP to cooperate with efforts to ensure the 6 25 child completes educational requirements through the sixth 6 26 grade. The agreement to cooperate is a condition required of 6 27 those applying for FIP and for continued eligibility for FIP 6 28 assistance. A failure to cooperate makes the family subject 6 29 to a sanction reducing the family's cash benefit. Under 2002 6 30 Iowa Acts, Second Extraordinary Session, chapter 1003, section 6 31 148, and 2003 Iowa Acts, chapter 175, section 46, the school 6 32 attendance requirement was suspended for the period beginning 6 33 July 1, 2002, and ending June 30, 2004. 6 34 In addition, the bill eliminates corresponding references 6 35 that provide for the department of human services' involvement 7 1 in the truancy process outlined in Code chapter 299, relating 7 2 to compulsory school attendance. The eliminated provisions 7 3 include authority for a school truancy officer to release 7 4 information to the department and for the department to 7 5 provide information to the officer. The Code editor is 7 6 directed to revise a headnote in Code chapter 299 to eliminate 7 7 a reference to FIP. 7 8 LSB 5188DP 80 7 9 jp/pj/5
Text: HSB00610 Text: HSB00612 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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