House File 2551

PAG LIN

  1  1                                             HOUSE FILE 2551
  1  2
  1  3                             AN ACT
  1  4 RELATING TO PROGRAMS UNDER THE AUTHORITY OF THE DEPARTMENT OF
  1  5    PUBLIC HEALTH.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 135.11, Code Supplement 2003, is
  1 10 amended by adding the following new subsection:
  1 11    NEW SUBSECTION.  29.  Administer annual grants to county
  1 12 boards of health for the purpose of conducting programs for
  1 13 the testing of private water supply wells, the closing of
  1 14 abandoned private water supply wells, and the renovation or
  1 15 rehabilitation of private water supply wells.  Grants shall be
  1 16 funded through moneys transferred to the department from the
  1 17 agriculture management account of the groundwater protection
  1 18 fund pursuant to section 455E.11, subsection 2, paragraph "b",
  1 19 subparagraph (3), subparagraph subdivision (b).  The
  1 20 department shall adopt rules relating to the awarding of the
  1 21 grants.
  1 22    Sec. 2.  Section 135.105A, Code 2003, is amended to read as
  1 23 follows:
  1 24    135.105A  LEAD INSPECTOR AND LEAD ABATER TRAINING AND
  1 25 CERTIFICATION ESTABLISHED == CIVIL PENALTY.
  1 26    1.  The department shall establish a program for the
  1 27 training and certification of lead inspectors and lead
  1 28 abaters.  The department shall maintain a listing, available
  1 29 to the public and to city and county health departments, of
  1 30 lead inspector and lead abater training programs that have
  1 31 been approved by the department, and of lead inspectors and
  1 32 lead abaters who have successfully completed the training
  1 33 program and have been certified by the department.  A person
  1 34 may be certified as both a lead inspector and a lead abater.
  1 35 However, a person who is certified as both a lead inspector
  2  1 and a lead abater shall not provide both inspection and
  2  2 abatement services at the same site unless a written consent
  2  3 or waiver, following full disclosure by the person, is
  2  4 obtained from the owner or manager of the site.
  2  5    2.  The department shall also establish a program for the
  2  6 training of painting, demolition, and remodeling contractors
  2  7 and those who provide mitigation control services conduct
  2  8 interim controls of lead=based paint hazards.  The training
  2  9 shall be completed on a voluntary basis.
  2 10    3.  A person who owns real property which includes a
  2 11 residential dwelling and who performs lead inspection or lead
  2 12 abatement of the residential dwelling is not required to
  2 13 obtain certification to perform these measures, unless the
  2 14 residential dwelling is occupied by a person other than the
  2 15 owner or a member of the owner's immediate family while the
  2 16 measures are being performed.  However, the department shall
  2 17 encourage property owners who are not required to be certified
  2 18 to complete the training course to ensure the use of
  2 19 appropriate and safe mitigation inspection and abatement
  2 20 procedures.
  2 21    4.  Except as otherwise provided in this section, a person
  2 22 shall not perform lead abatement or lead inspections unless
  2 23 the person has completed a training program approved by the
  2 24 department and has obtained certification.  All lead abatement
  2 25 and lead inspections, and lead inspector and lead abater
  2 26 training programs, shall be performed and conducted in
  2 27 accordance with work practice standards established by the
  2 28 department.  A person shall not conduct a training program for
  2 29 lead inspectors or lead abaters unless the program has been
  2 30 submitted to and approved by the department.  A person who
  2 31 violates this section is subject to a civil penalty not to
  2 32 exceed five thousand dollars for each offense.
  2 33    5.  The department shall adopt rules regarding minimum
  2 34 requirements for training programs, certification, work
  2 35 practice standards, and suspension and revocation
  3  1 requirements, and shall implement the training and
  3  2 certification programs.  The department shall seek federal
  3  3 funding and shall establish fees in amounts sufficient to
  3  4 defray the cost of the programs.  Fees received shall be
  3  5 considered repayment receipts as defined in section 8.2.
  3  6    Sec. 3.  Section 136C.10, Code 2003, is amended by adding
  3  7 the following new unnumbered paragraph:
  3  8    NEW UNNUMBERED PARAGRAPH.  The department may establish and
  3  9 collect a fee related to transporting radioactive material if
  3 10 the fee is used for a purpose related to transporting
  3 11 radioactive material, including enforcement and planning,
  3 12 developing, and maintaining a capability for emergency
  3 13 response.  The fees shall be established by rules adopted
  3 14 pursuant to chapter 17A, and shall be deposited into a special
  3 15 fund within the state treasury under the exclusive authority
  3 16 of the department.  Amounts deposited in the special fund
  3 17 shall be considered repayment receipts as defined in section
  3 18 8.2, and shall not be transferred, used, obligated,
  3 19 appropriated, or otherwise encumbered except as provided in
  3 20 this section.  Repayment receipts collected and deposited
  3 21 pursuant to this section that remain unencumbered or
  3 22 unobligated at the close of the fiscal year shall not revert
  3 23 but shall remain available for expenditure for the purposes
  3 24 designated in future fiscal years.
  3 25    Sec. 4.  Section 147.153, subsection 2, Code 2003, is
  3 26 amended to read as follows:
  3 27    2.  For a license as an audiologist:
  3 28    a.  Possess a master's degree or its equivalent from an
  3 29 accredited school, college or university with a major in
  3 30 audiology.
  3 31    b.  Show evidence of completion of not less than three
  3 32 hundred hours of supervised clinical training in audiology as
  3 33 a student in an accredited school, college or university.
  3 34    c.  Show evidence of completion of not less than nine
  3 35 months clinical experience under the supervision of a licensed
  4  1 audiologist following the receipt of the master's degree.
  4  2    d.  In lieu of paragraphs "a" through "c", hold a doctoral
  4  3 degree in audiology, or its equivalent, from an accredited
  4  4 school, college, or university which incorporates the academic
  4  5 coursework and the minimum hours of supervised training
  4  6 required by rules adopted by the board.
  4  7    Sec. 5.  Section 148.10, unnumbered paragraphs 2 and 3,
  4  8 Code 2003, are amended by striking the unnumbered paragraphs
  4  9 and inserting in lieu thereof the following:
  4 10    The temporary certificate shall be issued for a period not
  4 11 to exceed one year and may be renewed, but a person shall not
  4 12 practice medicine and surgery or osteopathic medicine and
  4 13 surgery in excess of three years while holding a temporary
  4 14 certificate.  The fee for this license and the fee for renewal
  4 15 of this license shall be set by the medical examiners.  The
  4 16 fees shall be based on the administrative costs of issuing and
  4 17 renewing the licenses.
  4 18    Sec. 6.  Section 148B.5, subsection 3, Code 2003, is
  4 19 amended by striking the subsection and inserting in lieu
  4 20 thereof the following:
  4 21    3.  Pass an examination, either in electronic or written
  4 22 form, satisfactory to the board and in accordance with rules.
  4 23    Sec. 7.  Section 153.19, subsection 2, Code 2003, is
  4 24 amended to read as follows:
  4 25    2.  A temporary permit shall be issued for a period
  4 26 determined by the board and may be renewed at the discretion
  4 27 of the board.  The fee for a temporary permit and the fee for
  4 28 renewal shall be set by the board.  The fees shall be based on
  4 29 the administrative costs of issuing and renewing the permits.
  4 30 The board may revoke a temporary permit at any time, without a
  4 31 hearing, for reasons deemed sufficient by the board.
  4 32    Sec. 8.  Section 153.19, subsection 3, Code 2003, is
  4 33 amended by striking the subsection.
  4 34    Sec. 9.  Section 155A.3, Code 2003, is amended by adding
  4 35 the following new subsection:
  5  1    NEW SUBSECTION.  15A.  "Electronic signature" means a
  5  2 confidential personalized digital key, code, or number used
  5  3 for secure electronic transmissions which identifies and
  5  4 authenticates the signatory.
  5  5    Sec. 10.  Section 155A.37, subsection 4, Code 2003, is
  5  6 amended to read as follows:
  5  7    4.  The board shall establish a procedure for receiving and
  5  8 investigating complaints of violations of this code.  The
  5  9 board shall investigate all complaints of violations.  The
  5 10 results of an investigation shall be forwarded to the
  5 11 complainant.
  5 12    Sec. 11.  Section 455B.172, subsection 5, Code 2003, is
  5 13 amended to read as follows:
  5 14    5.  The department shall maintain jurisdiction over and
  5 15 regulate the direct discharge to a water of the state.  The
  5 16 department shall retain concurrent authority to enforce state
  5 17 standards for private water supply and private sewage disposal
  5 18 facilities within a county, and exercise departmental
  5 19 authority if the county board of health fails to fulfill board
  5 20 responsibilities pursuant to this section.
  5 21    The department shall by rule adopt standards for the
  5 22 commercial cleaning of private sewage disposal facilities,
  5 23 including but not limited to septic tanks and pits used to
  5 24 collect waste in livestock confinement structures, and for the
  5 25 disposal of waste from the facilities.  The standards shall
  5 26 not be in conflict with the state building code.  A person
  5 27 shall not commercially clean such facilities or dispose of
  5 28 waste from such facilities unless the person has been issued a
  5 29 license by the department.  The department shall be
  5 30 exclusively responsible for adopting the standards and issuing
  5 31 licenses.  However, county boards of health shall enforce the
  5 32 standards and licensing requirements established by the
  5 33 department.  Application for the license shall be made in the
  5 34 manner provided by the department.  Licenses expire one year
  5 35 from the date of issue unless revoked and may be renewed in
  6  1 the manner provided by the department.  The license or license
  6  2 renewal fee is twenty=five dollars.  A person violating this
  6  3 section or the rules adopted pursuant to this section, is
  6  4 subject to a civil penalty of not more than twenty=five
  6  5 dollars.  Each day that a violation continues constitutes a
  6  6 separate offense.  However, the total civil penalty shall not
  6  7 exceed five hundred dollars per year.  The penalty shall be
  6  8 assessed for a violation occurring ten days following written
  6  9 notice of the violation delivered to the person by the
  6 10 department or a county board of health.  Moneys collected by
  6 11 the department or a county board of health from the imposition
  6 12 of civil penalties shall be deposited in the general fund of
  6 13 the state.
  6 14    The commission shall make grants to counties for the
  6 15 purpose of conducting programs for the testing of private,
  6 16 rural water supply wells and for the proper closing of
  6 17 abandoned, rural, private water supply wells within the
  6 18 jurisdiction of the county.  Grants shall be funded through
  6 19 allocation of the agriculture management account of the
  6 20 groundwater protection fund.  Grants awarded, continued, or
  6 21 renewed shall be subject to the following conditions:
  6 22    a.  An application for a grant shall be in a form and shall
  6 23 contain information as prescribed by rule of the commission.
  6 24    b.  Nothing in this section shall be construed to prohibit
  6 25 the department from making grants to one or more counties to
  6 26 carry out the purpose of the grant on a joint, multicounty
  6 27 basis.
  6 28    c.  A grant shall be awarded on an annual basis to cover a
  6 29 fiscal year from July 1 to June 30 of the following calendar
  6 30 year.
  6 31    d.  The continuation or renewal of a grant shall be
  6 32 contingent upon the county's acceptable performance in
  6 33 carrying out its responsibilities, as determined by the
  6 34 director.  The director, subject to approval by the
  6 35 commission, may deny the awarding of a grant or withdraw a
  7  1 grant awarded if, by determination of the director, the county
  7  2 has not carried out the responsibilities for which the grant
  7  3 was awarded, or cannot reasonably be expected to carry out the
  7  4 responsibilities for which the grant would be awarded.
  7  5    Sec. 12.  Section 455B.173, subsection 10, Code 2003, is
  7  6 amended by striking the subsection.
  7  7
  7  8
  7  9                                                             
  7 10                               CHRISTOPHER C. RANTS
  7 11                               Speaker of the House
  7 12
  7 13
  7 14                                                             
  7 15                               JEFFREY M. LAMBERTI
  7 16                               President of the Senate
  7 17
  7 18    I hereby certify that this bill originated in the House and
  7 19 is known as House File 2551, Eightieth General Assembly.
  7 20
  7 21
  7 22                                                             
  7 23                               MARGARET THOMSON
  7 24                               Chief Clerk of the House
  7 25 Approved                , 2004
  7 26
  7 27
  7 28                            
  7 29 THOMAS J. VILSACK
  7 30 Governor